District Not Recorded

A Louisiana man was indicted and charged today in federal court in the Western District of Louisiana on six counts, including hate crime, kidnapping, firearm and obstruction charges.

Chance Seneca, 19, of Lafayette, was charged by a federal grand jury on March 18 based on his attempted murder of a gay man and his overarching scheme to kidnap and murder gay men whom he met online. 

The indictment alleges that on June 19 and 20, 2020, Seneca attempted to kidnap one man and successfully kidnapped two other men through his use of Grindr, a dating application for gay and bisexual men. The indictment further alleges that the defendant attempted to murder one of these men because of his gender and sexual orientation, and that the defendant intended to dismember and keep parts of the victim’s body as trophies, mementos and food. The indictment further alleges that the defendant possessed a firearm in furtherance of the hate crime, and that he tried to cover up his actions by deleting communications between himself and the victim of the attempted murder. 

The statutory maximum for the hate crime, kidnapping and firearm offenses is life imprisonment. The statutory maximum for the attempted kidnapping and obstruction offenses is 20 years. The statutory minimum for the gun charge is five years.

The indictment was announced today by Acting U.S. Attorney Alexander C. Van Hook for the Western District of Louisiana, Principal Deputy Assistant Attorney General Pam Karlan of the Justice Department’s Civil Rights Division and FBI New Orleans Special Agent in Charge Bryan Vorndran.

The FBI conducted the investigation. This case is being prosecuted by Assistant U.S. Attorney Robert Abendroth of the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division. 

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes.

A Kentucky man pleaded guilty today to federal hate crimes and firearm charges arising out of the racially motivated shootings of Black individuals at a grocery store. 

Gregory A. Bush, 53, of Louisville, pleaded guilty to federal hate crime and firearm charges arising out of his racially motivated murder of two Black patrons at a Kroger grocery store, and his attempted murder of a third, on Oct. 24, 2018, in Jeffersontown, Kentucky. Bush previously pleaded guilty-but-mentally-ill to state charges for murder, attempted murder, and wanton endangerment arising out of the shooting, and was sentenced to a life term in state prison. 

During the plea hearing in federal court, Bush admitted that on Oct. 24, 2018, he drove to a Kroger grocery store in Jeffersontown armed with a Smith & Wesson, model 411, .40-caliber pistol. In the store, Bush followed a Black man, who was shopping with his grandson, for the length of an aisle before pulling the gun from his waistband and shooting the victim in the back of the head. Bush then shot the victim several more times in the torso, killing him. Bush had no prior relationship with the victim and chose to shoot him because of the victim’s race.  Bush then re-holstered his gun and calmly walked out of the store. 

In the parking lot, Bush walked up to a Black woman, and shot her several times in the head and body, killing her. Bush had no prior relationship with this victim and chose to shoot her because of her race. 

Seconds later, Bush encountered a Black man who was in lawful possession of a handgun. The third victim asked Bush what was going on, and Bush, without responding, began walking toward him with the gun drawn. The third victim fired at Bush, and Bush returned fire. After about a minute, Bush stopped shooting and walked away. Bush had no prior relationship with the third victim and chose to shoot at him because of his race. Bush next encountered a white man, who was legally armed with a firearm.  Bush told him, “Don’t shoot me [and] I won’t shoot you. Whites don’t shoot whites.”   

“Today’s guilty plea will ensure that a violent and disturbed man will never get another chance to target and terrorize the Black community,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Civil Rights Division. “It won’t bring back two pillars of the Louisville community, whose tragic and senseless deaths we mourn, but we hope it sends the message that the Justice Department will work tirelessly to bring perpetrators of bias-motivated violence to justice.”

“The work of the Jeffersontown Police Department, FBI  and ATF in responding to and thoroughly investigating this tragic event is commendable,” said Acting U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “The outstanding effort of the federal prosecutors assigned to this case and the solid working relationship we have with our state counterparts in the Jefferson County Commonwealth’s Attorney’s Office were instrumental in bringing about this plea.”

“The senseless murder of two of our citizens because of their race has no place in our community. Hate cannot, and will not, win,” said FBI Louisville Special Agent in Charge Robert Brown. “Today’s guilty plea is just one example of the Justice Department's and the FBI’s commitment to protecting civil rights for all and vindicating the rights of violent crime victims.”       

“In its mission to protect our nation, ATF stands committed to swiftly arresting those who create terror in our communities through violent acts of hate,” stated Special Agent in Charge R. Shawn Morrow of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Louisville Field Division. “In this instance, two Louisville African-Americans were gunned down while shopping for groceries – merely due to the color of their skin. ATF will continue to work with our law enforcement partners to seek justice for the victims and families of violent hate crimes and we will work tirelessly to enforce laws to prevent these tragedies.”

Bush faces a maximum sentence of life imprisonment without the possibility of parole. Bush’s sentencing in federal court will be held on June 24, 2021.

This case was investigated by the FBI Louisville Office, the ATF Louisville Field Division and the Jeffersontown Police Department and was prosecuted by Special Litigation Counsel Christopher J. Perras of the Civil Rights Division, and Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky.

A Kentucky man pleaded guilty today to federal hate crimes and firearm charges arising out of the racially motivated shootings of Black individuals at a grocery store. 

Gregory A. Bush, 53, of Louisville, pleaded guilty to federal hate crime and firearm charges arising out of his racially motivated murder of two Black patrons at a Kroger grocery store, and his attempted murder of a third, on Oct. 24, 2018, in Jeffersontown, Kentucky. Bush previously pleaded guilty-but-mentally-ill to state charges for murder, attempted murder, and wanton endangerment arising out of the shooting, and was sentenced to a life term in state prison. 

During the plea hearing in federal court, Bush admitted that on Oct. 24, 2018, he drove to a Kroger grocery store in Jeffersontown armed with a Smith & Wesson, model 411, .40-caliber pistol. In the store, Bush followed a Black man, who was shopping with his grandson, for the length of an aisle before pulling the gun from his waistband and shooting the victim in the back of the head. Bush then shot the victim several more times in the torso, killing him. Bush had no prior relationship with the victim and chose to shoot him because of the victim’s race.  Bush then re-holstered his gun and calmly walked out of the store. 

In the parking lot, Bush walked up to a Black woman, and shot her several times in the head and body, killing her. Bush had no prior relationship with this victim and chose to shoot her because of her race. 

Seconds later, Bush encountered a Black man who was in lawful possession of a handgun. The third victim asked Bush what was going on, and Bush, without responding, began walking toward him with the gun drawn. The third victim fired at Bush, and Bush returned fire. After about a minute, Bush stopped shooting and walked away. Bush had no prior relationship with the third victim and chose to shoot at him because of his race. Bush next encountered a white man, who was legally armed with a firearm.  Bush told him, “Don’t shoot me [and] I won’t shoot you. Whites don’t shoot whites.”   

“Today’s guilty plea will ensure that a violent and disturbed man will never get another chance to target and terrorize the Black community,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Civil Rights Division. “It won’t bring back two pillars of the Louisville community, whose tragic and senseless deaths we mourn, but we hope it sends the message that the Justice Department will work tirelessly to bring perpetrators of bias-motivated violence to justice.”

“The work of the Jeffersontown Police Department, FBI  and ATF in responding to and thoroughly investigating this tragic event is commendable,” said Acting U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “The outstanding effort of the federal prosecutors assigned to this case and the solid working relationship we have with our state counterparts in the Jefferson County Commonwealth’s Attorney’s Office were instrumental in bringing about this plea.”

“The senseless murder of two of our citizens because of their race has no place in our community. Hate cannot, and will not, win,” said FBI Louisville Special Agent in Charge Robert Brown. “Today’s guilty plea is just one example of the Justice Department's and the FBI’s commitment to protecting civil rights for all and vindicating the rights of violent crime victims.”       

“In its mission to protect our nation, ATF stands committed to swiftly arresting those who create terror in our communities through violent acts of hate,” stated Special Agent in Charge R. Shawn Morrow of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Louisville Field Division. “In this instance, two Louisville African-Americans were gunned down while shopping for groceries – merely due to the color of their skin. ATF will continue to work with our law enforcement partners to seek justice for the victims and families of violent hate crimes and we will work tirelessly to enforce laws to prevent these tragedies.”

Bush faces a maximum sentence of life imprisonment without the possibility of parole. Bush’s sentencing in federal court will be held on June 24, 2021.

This case was investigated by the FBI Louisville Office, the ATF Louisville Field Division and the Jeffersontown Police Department and was prosecuted by Special Litigation Counsel Christopher J. Perras of the Civil Rights Division, and Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky.

The United States has filed a complaint in the U.S. District Court for the Northern District of Illinois, Eastern Division, seeking to enjoin a tax preparer from South Chicago Heights, Illinois, from preparing federal income tax returns for others.

The civil complaint filed against Leannette Scott alleges that she prepares federal income tax returns on which she reports false sole-proprietorship business expenses and education credits. According to the complaint, the IRS interviewed 21 of Scott’s customers, 17 of whom allegedly stated that Scott included incorrect and false information on their 2018 income tax returns. The complaint alleges that the IRS determined that the returns of these 17 customers reflect an actual tax loss to the United States of $39,287.

The complaint further alleges that Scott prepared at least 562 income tax returns from 2016 to 2020, for tax years 2015 through 2019. According to the complaint, Scott’s fraudulent tax preparation activities have caused the United States to lose substantial tax revenue, undermined public confidence in the administration of the federal tax system, and caused harm to her customers by exposing them to statutory penalties for substantially underreporting and underpaying their tax liabilities.

Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers.  The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronic federal tax forms that can be filled out and filed online for free.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

WASHINGTON – The U.S. Court of Appeals for the Fourth Circuit today upheld an Eastern District of Virginia jury verdict convicting a man of acting and conspiring to act as an agent of the Turkish government within the United States without disclosing that relationship to the U.S. government. The Fourth Circuit also vacated an order granting a new trial and remanded the case for further proceedings before the district court.

According to court records, Bijan Rafiekian, 69, of San Juan Capistrano, California, along with his alleged co-conspirator, Kamil Ekim Alptekin, 43, of Istanbul, a Turkish national with close ties to the highest levels of the Government of Turkey, were involved in a conspiracy to act covertly within the U.S. on instructions from the Turkish government. The plot included using the services of the Flynn Intel Group (FIG), a company founded by Rafiekian and retired General Michael T. Flynn, to publicly and privately influence U.S. politicians and public opinion against a Turkish national, Fethullah Gulen, who is an imam, writer and political figure living in the U.S. Since 2015, the Government of Turkey has filed multiple extradition requests for Gulen in an effort to convince the U.S. government to extradite Gulen to Turkey.

Assistant Attorney General for the Justice Department's National Security Division John C. Demers and Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia issued the following statement with respect to the decision of the United States Court of Appeals for the Fourth Circuit in United States v. Rafiekian: 

“A federal jury found Rafiekian guilty of acting as an undisclosed agent of Turkey and conspiring to do so. We are pleased the Fourth Circuit concluded that the jury’s verdict was amply supported by the evidence. The Court’s careful legal analysis confirmed the broad scope and importance of transparency requirements for individuals acting within the United States at the direction of foreign governments. This case is a reminder to those who act covertly within our country on behalf of a foreign power that they face criminal consequences for their conduct. The Department will continue to combat covert foreign influence operations using the Foreign Agents Registration Act and all the tools at its disposal.”  

According to court documents, the purpose of the conspiracy was to use FIG to delegitimize Gulen in the eyes of the American public and U.S. politicians, with the goal of obtaining his extradition, which was meeting resistance at the U.S. Department of Justice. At the same time, the conspirators sought to conceal that the Government of Turkey was directing the work. However, not only was Rafiekian told by Alptekin that Turkish cabinet-level officials had approved the budget for the project, but Alptekin also told Rafiekian and Flynn during the project that he was providing the Turkish officials updates on the work. Rafiekian understood that Alptekin was relaying the Turkish officials’ directions on the work to Rafiekian, Flynn, and others at FIG. During a September 2016 meeting in New York City organized by Alptekin, Rafiekian personally met with Turkish officials and heard them express their desire for Gulen’s extradition, an objective he then pursued using FIG’s personnel and connections.

According to court records and evidence presented at trial, the scheme included using Alptekin’s Dutch shell company to act as FIG’s “client.” FIG was paid $600,000 in three installments from an account in Turkey in Alptekin’s name. After Alptekin made the payments to FIG, FIG kicked back 20% of the payments to Alptekin’s shell company.

Rafiekian was convicted on charges of acting as an undisclosed foreign agent and of criminal conspiracy to act as an undisclosed foreign agent and to make a materially false Foreign Agents Registration Act filing. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorney Aidan Taft Grano argued the case on appeal. Assistant U.S. Attorneys James P. Gillis and John T. Gibbs of the Eastern District of Virginia and Trial Attorney Evan N. Turgeon of the National Security Division's Counterintelligence and Export Control Section prosecuted the case at trial.

 A Florida man was charged with federal hate crime in Ocala for setting fire to a church.

Steven Shields, 24, of Dunnellon, was charged with setting fire to and damaging the Queen of Peace Catholic Church in Ocala by a federal grand jury in Orlando, who returned an indictment against him.

According to the indictment, Shields intentionally set fire to the Queen of Peace Catholic Church on July 11, 2020. The indictment alleges that he was motivated to set this fire due to the religious character of the church. Shields is charged with one count of intentional damage to religious property, a hate crime charge that falls under the Church Arson Prevention Act, and one count of using fire to commit a felony.

If convicted, Shields faces a maximum term of 20 years imprisonment for intentionally damaging religious property. Shields faces an additional mandatory minimum of 10 years for using fire to commit a felony. He also faces up to three years of supervised release, a $250,000 fine and restitution.

The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Florida State Fire Marshal, the Florida Bureau of Fire and Arson Explosives Investigations, the Marion County Sheriff’s Office, the Marion County Fire and Rescue Department and the Ocala Police Department conducted the investigation.

Assistant U.S. Attorney Robert E. Bodnar Jr. of the Middle District of Florida and Trial Attorney Maura White of the Justice Department’s Civil Rights Division are prosecuting the case.

An indictment is merely an accusation and Shields is presumed innocent unless and until proven guilty beyond a reasonable doubt.

For more information and resources about the department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.

Note: An executive summary of the joint comprehensive report can be viewed 

The Office of the Director of National Intelligence (ODNI), the Department of Justice (DOJ), and the Department of Homeland Security (DHS) today released an unclassified summary of the joint comprehensive threat assessment on domestic violent extremism. The unclassified summary is attached and will be available on DNI.gov later today.

The assessment was prepared under the auspices of the DNI, in consultation with DOJ and DHS, and drafted by the National Counterterrorism Center, the Federal Bureau of Investigation, and DHS with contributions from the Central Intelligence Agency and the Defense Intelligence Agency. All agencies involved are mindful of the duty to respect privacy, civil rights, and civil liberties and to act within the authorities granted to them as they seek to put together as complete an intelligence and analytic picture as is possible. 

A federal grand jury in Newark, New Jersey, returned an indictment today charging a New Jersey man with tax evasion and filing false tax returns.

According to the indictment, from 2011 through 2014, Gabriel M. Ferrari, owner of Buses and Trucks Inc. (B&T) in Linden used B&T’s gross receipts to pay personal expenses, including gambling on horse races, and then did not disclose the diverted receipts to his return preparer or the IRS. To hide his income, Ferrari allegedly filed false business and personal tax returns with the IRS.

If convicted, Ferrari faces a maximum sentence of five years in prison for each count of tax evasion, and three years in prison for each false tax return charge. Ferrari also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine a 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 Rachael A. Honig for the District of New Jersey made the announcement.

The IRS-Criminal Investigation is investigating the case. 

Trial Attorney Ann Marie Cherry of the Tax Division and Assistant U.S. Attorney Andrew Trombly of the U.S. Attorney’s Office for the District of New Jersey are prosecuting the case. 

WASHINGTON – A Florida man was sentenced today to 55 months in prison for his connection with a scheme to provide private charter flights to two prominent members of former Venezuelan President Nicolás Maduro’s inner circle. He will also pay $250,000 in fines and undergo two years of supervised release as part of the sentence.

Victor Mones Coro, 52, of Florida was convicted by a federal jury for his involvement in a scheme to provide private charter flights to two prominent members of Former Venezuelan President Nicolás Maduro’s inner circle: Former Venezuelan Vice President Tareck Zaidan El Aissami Maddah and his frontman, Samark Jose Lopez Bello.  These flight services violated sanctions imposed by the U.S.  Department of the Treasury’s Office of Foreign Assets Control (OFAC) pursuant to the Foreign Narcotics Kingpin Designation Act. 

“Mones Coro used subterfuge and lies to provide illegal flight services to top Venezuelan leaders, which provided political support for the unlawful Maduro regime,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “His actions undermined our national security and foreign policy, and their gravity is reflected in today’s sentence.  Let this case serve as a warning to anyone else who risks the wellbeing of our nation for personal gain and profit.”

“Victor Mones Coro led a concerted, sustained multi-year scheme to provide millions of dollars’ worth of illicit flight services to Venezuelan leaders in direct contravention of our country’s sanctions regime and foreign policy,” said U.S. Attorney Audrey Strauss for the Southern District of New York. “Today’s sentence serves as a reminder that, together with our law enforcement partners, we will aggressively prosecute sanctions violators to protect our national security.”

“We take a great deal of pride in working alongside the US Attorney’s Office and the Department of the Treasury to ensure that the integrity and intent of U.S. sanctions is preserved both at home and abroad.  HSI, through myriad authorities, conducts criminal investigations to maintain the viability of the American financial system and prevent its misuse by foreign corrupt officials and narcotics traffickers,” said Special Agent in Charge Peter C. Fitzhugh of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HIS) New York Field Office. “Today, we are reminded of our steadfast commitment to holding those willing to violate such sanctions accountable.  And to those who intend to circumvent our laws to gain power and further their corrupt practices through international crime, know you will be brought to justice.”

According to court documents, Mones Coro designed an elaborate criminal scheme to enrich himself and provide flight services to El Aissami and Lopez Bello, among other influential Venezuelans in Maduro’s inner circle, including the President of Venezuela’s Supreme Court, Maikel Moreno, who had also been previously sanctioned by OFAC.    In spearheading this criminal scheme, Mones Coro used his U.S.-based company American Charter Services (“ACS”), its planes and its employees to fly Lopez Bello, El Aissami, and others around the world, including to foreign countries of strategic importance to the Maduro regime such as Russia and Turkey.   

Mones Coro also provided flights in furtherance of Maduro’s May 2018 campaign for reelection, a corrupt campaign through which Maduro illegitimately maintained control of Venezuela.  Between approximately February and May 2018, Mones Coro and ACS arranged between 20 to 25 domestic Venezuelan flights for the Maduro campaign.   These flights transported people, campaign materials, and food, among other things, and were coordinated with associates of El Aissami and Lopez Bello.

To avoid detection, Mones Coro and his co-conspirators, including Joselit Ramírez Camacho, Venezuela’s current Superintendent of Cryptocurrencies, engaged in various forms of subterfuge.   They used code names, falsified flight manifests and invoices, communicated over encrypted messaging applications, received cash flown into the U.S. from Venezuela, and accepted wire transfers from a front company tied to the sanctioned Venezuelan leaders.    Mones Coro also tried to cover his tracks by directing one of his pilots to lie to law enforcement.

Mones Coro perpetrated these crimes at a time when the U.S. and its allies were engaged in the crucial undertaking of depriving Venezuela and its leadership of resources for its malign, undemocratic, and deadly activities—including its systematic and oftentimes fatal repression of activists, its subversion of Venezuelan democratic institutions, and its corrupt plundering of Venezuela’s natural resources.   Maduro and others are charged with narco-terrorism and related crimes in a Superseding Indictment also pending before Judge Hellerstein.   In a separate Superseding Indictment, El Aissami, Lopez Bello, and Ramírez Camacho are charged with sanctions violations based on their roles in the scheme with Mones Coro.

The U.S. Customs and Border Protection, and the DEA’s Special Operations Division Bilateral Investigations Unit, with assistance from the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division and Office of Foreign Assets Control investigated the case.

Trial Attorney David Recker of the Justice Department’s Counterintelligence and Export Control Section, and Assistant U.S. Attorneys Same Adelsberg and Amanda Houle of the Southern District of New York prosecuted the case.

The United States has filed a complaint in the U.S. District Court for the Northern District of Illinois seeking to bar a Rockford-area tax return preparer from preparing federal income tax returns for others.

The civil complaint was filed against Gretchen Alvarez, aka Gretchen Trejo. The suit is also brought against defendant Sick Credit Repair Tax and Legal Services, which the complaint alleges is the name under which Alvarez sometimes does business. According to the complaint, Alvarez prepares federal income tax returns for Rockford-area taxpayers that significantly understate her customers’ tax liabilities by fabricating business losses. The suit also alleges that Alvarez fraudulently claimed that some of customers attended higher education institutions, when they did not, in order to fraudulently claim education credits on the returns she prepared.

In particular, the suit alleges that Alvarez fabricated money-losing “side businesses” to fraudulently reduce her customers’ legitimate taxable income. According to the complaint, the IRS has interviewed several of Alvarez’s customers, who allegedly stated that they did not operate the listed businesses or incur the business expenses reported on their returns, and did not give Alvarez any reason to believe that such businesses existed.

The complaint alleges that, by repeatedly understating her customers’ tax liabilities, Alvarez has caused the United States to lose substantial tax revenue. According to the complaint, the true scope of her activities is unknown because she does not sign the tax return as the paid preparer, nor does she provide her IRS-issued identification number on returns she prepares, as required by law.

Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronic federal tax forms that can be filled out and filed online for free.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Today, a federal grand jury in San Antonio, Texas, returned an indictment charging the former owner of several companies in the construction industry for his role in a long-running scheme to defraud the United States.

According to court documents, Michael Angelo Padron was charged with one count of conspiracy to commit wire fraud and to defraud the United States and eight counts of wire fraud. Padron, along with co-conspirators Michael Wibracht and Ruben Villarreal, allegedly conspired to defraud the United States in order to obtain valuable government contracts under programs administered by the U.S. Small Business Administration (SBA) for which neither his nor his co-conspirators’ companies were eligible. Villarreal and Wibracht pleaded guilty to the scheme on Nov. 20, 2020, and March 4, 2021, respectively. Wibracht pleaded guilty to one count of conspiracy to commit wire fraud and defraud the United States. Villarreal pleaded guilty to one count of conspiracy to defraud the United States.

“Today’s charges show the division’s commitment to holding individuals accountable when they cheat the government procurement process,” said Acting Assistant Attorney General Richard A. Powers of the Department of Justice’s Antitrust Division. “This conspiracy robbed contract opportunities from honest businesses run by those who were injured in the service to our country. With support from our law enforcement partners, the Antitrust Division will continue to prosecute those who cheat the system to gain taxpayer dollars.”

The indictment alleges that Padron, Wibracht, and Villarreal conspired to defraud the United States by interfering with the function of the SBA and fraudulently obtaining money from as early as 2004 continuing through at least 2017. As part of the scheme, Padron is charged with conspiring to install Villarreal, a service-disabled veteran, as the ostensible owner of a general construction company held out as a Service-Disabled Veteran-Owned Small Business (SDVOSB). However, Padron, along with his co-conspirator and business partner Wibracht, allegedly exercised disqualifying financial and operational control over the construction company. According to court documents, the conspirators concealed that control in order to secure over $250 million in government contracts that were “set aside” for SDVOSBs in order to benefit their larger, non-qualifying businesses. The SBA administers the SDVOSB program, which is designed to increase the number of government contracts awarded to small businesses owned and controlled by service-disabled veterans. To qualify as an SDVOSB, a company, among other things, must be owned and controlled by a service-disabled veteran.

“Scheming to fraudulently obtain federal funds that are meant to provide assistance to the nation’s small businesses is unacceptable,” said Inspector General Hannibal “Mike” Ware of the SBA. “OIG and its law enforcement partners will relentlessly pursue fraudsters and bring them to justice. I want to thank the Antitrust Division and our law enforcement partners for their dedication and pursuit of justice.”

“Today’s indictment represents the extraordinary efforts by the joint investigative agencies in upholding the integrity of our procurement process while protecting special business opportunities for our veterans who have so bravely served and sacrificed for our country,” said Special Agent in Charge Ray A. Rayos of the U.S. Army Criminal Investigation Command (CID) Major Procurement Fraud Unit, Southwest Fraud Field Office.

“It is imperative that contractors are above-board in their dealings with the government,” said Special Agent in Charge Jamie Willemin of the General Services Administration (GSA) Office of Inspector General (OIG), Southwest and Rocky Mountain Division. “GSA OIG is committed to working with our investigative partners and the Department of Justice to hold accountable those who fraudulently obtain contracts meant for legitimate small and disadvantaged businesses.”

“The VA OIG commends our law enforcement partners for bringing these additional charges to achieve justice in this case,” said Inspector General Michael J. Missal of the Department of Veterans Affairs (VA). “The VA OIG remains diligent in investigating all who commit fraud and seek to benefit improperly from programs that are meant for deserving veterans.”

“This outcome is a testament to the commitment of the Defense Criminal Investigative Service (DCIS) and our law enforcement partners in safeguarding the integrity of the DoD contracting process,” said Acting Special Agent-in-Charge Gregory P. Shilling of the DCIS Southwest Field Office. “DCIS will utilize all available resources to pursue allegations of fraud impacting DoD contracts, bringing to justice those who seek to enrich themselves through the exploitation of the Small Business Administration program designed to help SDVOSBs.”

For conspiracy to commit wire fraud and to defraud the United States, Padron faces a maximum penalty of five years in prison and a $250,000 fine. For each wire fraud count, Padron faces a maximum penalty of 20 years in prison and a $250,000. The maximum fine for an individual may be increased to twice the gain derived from the crime, or twice the loss suffered by victims of the crime, if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The SBA OIG, U.S. Army CID Major Procurement Fraud Unit, GSA OIG, VA OIG, and DCIS are investigating the case, with assistance from the U.S. Attorney’s Office for the Western District of Texas and the Army Audit Agency.

The Antitrust Division’s Washington Criminal II Section is prosecuting the case. Special thanks are extended to Assistant U.S. Attorney William F. Lewis Jr. of the U.S. Attorney’s Office for the Western District of Texas.

Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.

In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact procurement and grant and program funding at all levels of government — federal, state, and local. For more information, visit https://www.justice.gov/procurement-collusion-strike-force.

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

WASHINGTON – The Department of Justice (DOJ) and the Department of Homeland Security (DHS), including the FBI and the Cybersecurity and Infrastructure Security Agency (CISA), released today key findings and recommendations from a joint report to the President issued last month on the impact of foreign governments and their agents on the security and integrity of the 2020 U.S. federal elections. 

The Departments investigated multiple public claims that one or more foreign governments owned, directed or controlled election infrastructure used in the 2020 federal elections; implemented a scheme to manipulate election infrastructure; or tallied, changed or otherwise manipulated vote counts. The Departments found that those claims were not credible.

These conclusions are part of a classified report to the President prepared by DOJ and DHS pursuant to section 1(b) of Executive Order 13848, Imposing Certain Sanctions in the Event of Foreign Influence in a United States Election (the EO), issued on Sept. 12, 2018. Although the 1(b) report notes that Russian, Chinese, and Iranian government-affiliated actors materially impacted the security of certain networks during the 2020 federal elections, the Departments found no evidence that any foreign government-affiliated actor manipulated election results or otherwise compromised the integrity of the 2020 federal elections.

The 1(b) report relied on a classified assessment — prepared by the Office of the Director of National Intelligence (ODNI), pursuant to section 1(a) of the EO, about any information indicating that a foreign government acted with the intent or purpose of interfering in the 2020 U.S. federal elections. Whereas the 1(a) report discusses efforts to influence public perceptions and opinion, the scope of the 1(b) report only includes efforts to compromise the security or integrity of election infrastructure or infrastructure pertaining to political organizations, candidates or campaigns used in the 2020 U.S. federal elections. The 1(b) report does not discuss efforts to sway voters or influence opinion.

During the 2020 election cycle, federal, state, local, tribal, territorial, non-governmental and private sector partners nationwide worked together in unprecedented ways to combat foreign interference efforts and support election officials, political organizations, campaigns and candidates in safeguarding their infrastructure. The Departments remain committed to continuously strengthening the nation’s cybersecurity, critical infrastructure, supply chain risk management, public-private partnerships and public messaging to enhance the resiliency of our democratic institutions.

Brian M. Boynton, Acting Assistant Attorney General for the Civil Division of the Department of Justice, released the following statement:

"The CDC’s eviction moratorium—which Congress extended last December and the CDC later extended through March 31, 2021—protects many renters who cannot make their monthly payments due to job loss or health care expenses. By preventing people from becoming homeless or having to move into more-crowded housing, the moratorium helps to slow the spread of COVID-19.  

The Department of Justice respectfully disagrees with the March 10 decision of the district court in Skyworks v. CDC concluding that the moratorium exceeds CDC’s statutory authority to protect public health. In the Department’s view, that decision conflicts with the text of the statute, Congress’s ratification of the moratorium, and the rulings of other courts.  

In any event, the decision applies only to the particular plaintiffs in that case. It does not prohibit the application of the CDC’s eviction moratorium to other parties. For other landlords who rent to covered persons, the CDC’s eviction moratorium remains in effect."  

A dual U.S.-Mexican citizen pleaded guilty today to willfully engaging in financial dealings with Mexican companies that had been identified as Specially Designated Narcotics Traffickers by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC). 

According to court documents, Jessica Johanna Oseguera Gonzalez, 34, of Guadalajara, Mexico, violated the criminal penalties of the Foreign Narcotics Kingpin Designation Act (the Kingpin Act) by engaging in property transactions with six Mexican businesses that OFAC previously designated to be “specially designated narcotics traffickers.” These six businesses were so designated because they provided material support to the Mexican drug trafficking organization known as the Cartel Jalisco Nueva Generacion (CJNG), which was itself designated by OFAC in April 2015. Oseguera Gonzalez’s father, Nemesio Ruben Oseguera Cervantes, aka “El Mencho,” who is the leader of CJNG, and her uncle, Abigael Gonzalez Valencia, who is the leader of the Los Cuinis drug trafficking organization, were also sanctioned by OFAC in April 2015. 

“The Kingpin Act is a critically important tool in the U.S. government’s unrelenting efforts to target foreign drug cartels that seek to flood American streets with illegal drugs,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “The Department of Justice will aggressively investigate and criminally prosecute those who willfully violate Treasury Department sanctions under the Kingpin Act, as a key component of our broader whole-of-government strategy to dismantle and disrupt foreign drug cartels.”

“Today’s guilty plea is a result of our relentless commitment to disrupt and dismantle all aspects of the CJNG organization,” said Special Agent in Charge Bill Bodner of the Drug Enforcement Administration’s (DEA) Los Angeles Field Division. “Our efforts will continue to include a focus on those who facilitate these illicit drug networks. Together with the Department of Justice, we will use all the investigative tools available, including OFAC designations, to bring to justice those who engage in illegal activity that is fueling the drug crisis nationwide.”   

Court documents indicate that Oseguera Gonzalez was an owner of two Mexican companies designated by OFAC, J&P Advertising S.A. de C.V., and JJGON S.P.R. de R.L. de C.V., and that she was an officer, director, or agent of four additional sanctioned businesses, Las Flores Cabanas, Mizu Sushi Lounge, Tequila Onze Black, and Operadora Los Famosos S.A. de C.V., doing business as Kenzo Sushi. She remained an owner, officer, director, or agent of those entities following their OFAC designations, and did not seek the required license from OFAC to engage in those financial transactions.

Oseguera Gonzalez pleaded guilty to willfully violating the Kingpin Act’s prohibitions on engaging in transactions or dealings in property with entities or persons sanctioned under the Kingpin Act, and to being an officer, director, or agent of entities who knowingly participated in Kingpin Act violations. She is scheduled to be sentenced on June 11 and faces a maximum penalty of up to 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The DEA’s Los Angeles Field Division is investigating the case, and the Justice Department particularly thanks the Office of Foreign Assets Control of the Department of the Treasury for its support. The Justice Department’s Office of International Affairs provided investigative assistance.

Trial Attorneys Brett Reynolds, Kaitlin Sahni, and Kate Naseef of the Justice Department’s Narcotic and Dangerous Drug Section are prosecuting the case.

This case received significant support from the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program supports investigations around the country to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking, and money laundering organizations and enterprises.

Two Louisiana men, former jail supervisors, were sentenced today to five years in prison and over four years in prison respectively for being deliberately indifferent to an inmate’s serious medical needs.

As a result of this civil rights offense, 19-year-old Nimali Henry died in the custody of the St. Bernard Parish Prison (SBPP) on April 1, 2014. Henry died after she failed to receive medical treatment for her rare blood disorder and other medical conditions during the ten days she was incarcerated. 

Former SBPP Captain Andre Dominick, 61, of New Orleans, was sentenced to five years in prison. Dominick previously pleaded guilty to violating Henry’s civil rights under color of law. In pleading guilty, Dominick admitted that he knew that Henry had serious medical needs that required medication. Dominick acknowledged that he had reviewed Henry’s written request for help, in which she wrote that, if she did not continue the medical treatment her doctor had prescribed, there was a 90% chance she would die. Dominick also spoke with Henry about her medical condition; spoke with Henry’s social worker, who confirmed her medical needs; and observed Henry’s deteriorating physical condition while she was in jail. However, despite knowing Henry’s plight, Dominick – who was also acting as the medical officer during Henry’s incarceration – failed to take any reasonable steps to get her the medical attention she needed, as he was required to do under the law.

Former SBPP Corporal Timothy Williams, 41, of New Orleans, was sentenced to 57 months in prison. Williams also previously pleaded guilty to violating Henry’s civil rights under color of law.  In his guilty plea, Williams admitted that he knew from his conversations with Henry and her fellow inmates that Henry had serious medical conditions that required medication. Williams also personally observed Henry as she grew sicker throughout her incarceration. However, Williams failed to take any reasonable steps to get Henry necessary medical care for her serious medical needs, as the law required him to do. In his factual basis, Williams further admitted that, rather than obtain medical care for Henry, he placed her in a holding cell, a placement typically reserved for misbehaving inmates, in order to discourage her from making future medical complaints.  He also told Henry’s fellow inmates to stop requesting help on Henry’s behalf.  

“Nimali Henry’s death was not the result of neglect or a lapse of judgment.  Her death was the slow, painful, and completely preventable result of the deliberate choices made by these defendants, each of whom knew that he had the constitutional duty to provide necessary medical care for a young woman who was completely dependent on them for help while she was in their custody,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “Prosecuting corrections officers who intentionally violate their constitutional responsibilities is a critical part of the Department’s mission.”

“The protection of all of our citizens’ civil rights is an essential part of our Constitution,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Violation of these entitlements, especially in this case by the correctional officers sworn to protect the rights of inmates, erodes public confidence in our correctional system. The public must be able to trust that correctional officers are fulfilling their duties honestly and are truthful during the course of federal investigations or face the consequences of their actions. Our office, along with the Department of Justice, the FBI, state and local law enforcement agencies will continue to investigate and prosecute any violations of our citizens' civil rights.”

“Captain Andre Dominick and Corporal Timothy Williams were responsible for the welfare of inmates at the St. Bernard Parish Prison.” said Special Agent in Charge Bryan A. Vorndran for the FBI New Orleans Field Office. “Correctional officers have a sworn duty to ensure that inmates are protected, rather than abused or neglected. Their actions are a disgrace to all correctional officers who serve ethically and continue to maintain high moral standards throughout our correctional facilities. Because of the choices each defendant made, Nimali Henry failed to get the care and attention that she needed to address her known medical conditions, ultimately resulting in her death. The FBI New Orleans Field Office is appreciative of its partnerships with the Department of Justice’s Civil Rights Division and U.S. Attorney’s Office of the Eastern District of Louisiana and we remain committed to protecting the rights of all Americans, to include those incarcerated.”

On March 10, two former SBBP Deputies, Lisa Vaccarella and Debra Becnel, were sentenced for their roles in covering up the circumstances of Henry’s death.

This case was investigated by the FBI and was prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Civil Rights Division and Assistant U.S. Attorneys Chandra Menon and Tracey N. Knight for the Eastern District of Louisiana.

Two Louisiana women, former jail deputies, were sentenced today to over a year in prison and six months in prison respectively for their roles in covering up a civil rights violation arising out of an inmate’s death at the St. Bernard Parish Prison (SBPP).

On April 1, 2014, 19-year-old Nimali Henry died in custody after she failed to receive medical treatment for her rare blood disorder and other medical conditions during the ten days she was incarcerated there. 

Former SBPP Deputy Lisa Vaccarella of New Orleans was sentenced to 21 months in prison with three years of supervised release for failing to take any affirmative steps to alert federal authorities that she knew that other officers had willfully violated Ms. Henry’s civil rights by depriving her of necessary medical treatment. Vaccarella was also sentenced for lying to FBI agents about her own observations of Ms. Henry. Specifically, Vaccarella admitted that she falsely told FBI agents that she saw Henry get up on her command, stand without help, and walk without any difficulty when, in fact, Vaccarella watched Henry fall to the floor and then, without offering Henry any assistance, closed the cell door, leaving Henry lying on the floor. 

Former SBPP Deputy Debra Becnel of New Orleans was sentenced to six months in prison with three months to be served in custody followed by three months of home detention and three years of supervised release for lying to FBI agents during the federal investigation. In pleading guilty, Becnel admitted that she falsely told FBI agents that neither Henry nor the inmates talked to her about Henry’s medical needs, when, in fact, Henry and other inmates had told Becnel and other correctional officers that Henry was ill, needed medical treatment and might die if she did not get her medical treatment. 

“When officers obstruct justice and lie during investigations, it threatens our ability to prosecute civil rights cases and erodes the public’s confidence in law enforcement itself," said Pamela S. Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division. "To ensure that justice prevails, the Department will continue to prosecute officers who lie to investigators and cover up crimes."

“The protection of all of our citizen’s civil rights is an essential part of our Constitution,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Violation of these entitlements, especially in this case by the correctional officers sworn to protect the rights of inmates, erodes public confidence in our correctional system. The public must be able to trust that correctional officers are fulfilling their duties honestly and are truthful during the course of federal investigations or face the consequences of their actions. Our office, along with the Department of Justice, the Federal Bureau of Investigation, state and local law enforcement agencies will continue to investigate and prosecute any violations of our citizen’s civil rights.”

"Along with our partners, the FBI will aggressively investigate allegations wherein correctional officers abuse their position of power and authority over prisoners to deny them their constitutional right to be free from cruel and unusual punishment," said Special Agent in Charge Bryan Vorndran for the FBI New Orleans Field Office. "Nimali Henry suffered incredible unusual punishment at the hands of Deputies Lisa Vaccarella and Debra Becnel. The two deputies willfully deprived Henry of the medical attention she desperately needed and lied to federal authorities to conceal their failure to act in a compassionate and humane manner, let alone honor the oath they swore to uphold. The law suffers the most when those in a position of trust abuse their power. The FBI New Orleans Field Office appreciates its partnerships with the trial attorneys from the Department of Justice’s Civil Rights Division and U.S. Attorney’s Office of the Eastern District of Louisiana.”

Former SBPP Captain Andre Dominick and former SBPP Corporal Timothy Williams are also due to be sentenced today for the role each played in Henry’s death.  Dominick and Williams each have pleaded guilty to violating Henry’s civil rights under color of law by being deliberately indifferent to her serious medical needs.  

This case was investigated by the FBI and was prosecuted jointly by Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant United States Attorneys Chandra Menon and Tracey N. Knight of the U.S. Attorney’s Office for the Eastern District of Louisiana.

The Department of Justice’s U.S. Trustee Program (USTP) has entered into a settlement with national consumer bankruptcy law firm Deighan Law LLC, previously known as Law Solutions Chicago and doing business as UpRight Law (UpRight).  The settlement is set forth in a consent order entered by the Bankruptcy Court for the District of Montana on March 9 and resolves enforcement actions filed by the USTP over allegations of misconduct relating to UpRight’s representation of Montana consumers as debtors or prospective debtors in bankruptcy cases.  As stipulated in the settlement, UpRight has paid or will pay more than $300,000 in monetary relief and will be barred from representing bankruptcy clients in Montana for six years.

As a result of dozens of USTP actions filed since 2016, UpRight has paid or been ordered to pay almost $900,000 in monetary relief, including returning fees to over 500 impacted consumers and paying court-ordered sanctions, attorney’s fees, and costs.  Additionally, bankruptcy courts have imposed practice bans against UpRight in at least four jurisdictions. 

“Lawyers who misrepresent their services to vulnerable clients and fail to perform as promised harm debtors, creditors, and the integrity of the bankruptcy system,” said USTP Director Cliff White.  “This settlement shows that the USTP will continue to hold accountable attorneys who fail to adequately and honestly represent their clients.”

In the current matter, the USTP alleged that UpRight engaged in misconduct and misrepresentations impacting hundreds of Montana consumers, which came to light due to investigations by the USTP in two bankruptcy cases.  In one case, UpRight substantially delayed filing its client’s bankruptcy case for almost a year after it misrepresented that it had a local attorney who was licensed in Montana available to file the case.  UpRight’s delay resulted in a creditor garnishing more than $6,000 of the debtor’s wages.  In the other case, UpRight obtained payment of its attorney’s fees by advising the debtors to participate in an improper scheme whereby they surrendered their vehicle to an out-of-state towing company.  Another bankruptcy court previously sanctioned UpRight for implementing the towing program—which it used in more than 200 cases across the country—describing it as a “scam from the start,” and the towing company’s owners were indicted for their role in the scheme.  UpRight’s advice resulted in the debtors being sued by their automobile lender for conversion of its collateral.

In the settlement, UpRight does not contest the USTP’s allegations that it engaged in misconduct in the course of its dealings with Montana consumers, including misrepresenting that it had a sufficient number of local Montana-licensed attorneys available to provide adequate bankruptcy representation, misrepresenting to clients the scope of legal services to be provided and the cost of those services, failing to timely provide its clients with written retainer agreements that clearly and conspicuously explained the legal services to be provided and the cost of those services, failing to discuss non-bankruptcy alternatives, failing to adequately supervise the firm’s non-attorney staff (some of whom engaged in the unauthorized practice of law), providing erroneous legal advice, and failing to adequately supervise its Montana “partner” attorneys.  This misconduct contributed to UpRight’s substantial delay in filing bankruptcy cases for Montana consumers.  In addition, UpRight filed bankruptcy cases for only 109 of the 473 Montana clients from whom the firm collected at least a partial fee. 

To resolve the USTP’s allegations of misconduct, UpRight has refunded or will refund more than $300,000 in fees paid by Montana consumers for whom UpRight never filed a bankruptcy case.  UpRight also agreed to pay a civil penalty of $10,309 and to return all fees, totaling $3,770, to the debtors in the two cases in which the USTP brought its enforcement actions.  Additionally, UpRight will be barred from accepting bankruptcy clients or providing bankruptcy services to consumers in Montana, effective July 2, 2018, through July 2, 2024. 

While the agreement resolves disputes with the USTP in the two underlying bankruptcy cases, it does not impact the rights of the debtors in those cases or any other parties or government agencies not participating in the settlement, including other Montana consumers, nor does it impact the USTP’s rights to litigate enforcement actions against UpRight in other jurisdictions or to seek redress in other Montana cases.  The two underlying cases are captioned In re Dailey, Case No. 15-61088-7 (Bankr. D. Mont.), and In re Emerson, Case No. 16-60056-7 (Bankr. D. Mont.). 

The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.  The Program has 21 regions and 90 field office locations.  Learn more information on the Program at: https://www.justice.gov/ust.

The Justice Department today announced an agreement with the Township of Toms River, New Jersey, to resolve allegations that the Township violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by severely restricting where houses of worship can locate within its jurisdiction. 

The proposed consent decree, which was filed today in the U.S. District Court of the District of New Jersey and must still be approved by the court, would resolve a lawsuit the United States also filed today alleging that the Township’s zoning code places unreasonable limits on where religious assemblies and institutions may locate, substantially burdens religious exercise and treats religious assemblies and institutions on less than equal terms with nonreligious assemblies and institution.

“RLUIPA protects people of all faiths in their right to exercise their religion,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division. “The Department of Justice has long enforced RLUIPA against zoning regulations that unreasonably burden religious exercise by imposing unwarranted restrictions and conditions on the location of houses of worship.”    

“Federal law protects religious communities against unequal treatment and unwarranted burdens,” said Rachael A. Honig, Acting U.S. Attorney for the District of New Jersey. “Zoning regulations that impose unreasonable restrictions or prevent religious faiths from having a place to worship violate RLUIPA. Through the resolution entered today, this office takes another step to put an end to unlawful zoning practices and vindicate the civil rights of minority religious communities in the District of New Jersey.”

The complaint alleges that since 2009, Toms River has enacted a series of revisions to its zoning code—including a ten-acre parcel minimum requirement—which greatly reduced both the number of zoning districts in which houses of worship can locate and the number of sites available for houses of worship. These restrictions have had a particular impact on the Township’s Orthodox Jewish population, who, because of their faith and religious traditions, tend to worship at small houses of worship which they walk to and from on the Sabbath and holidays. The complaint also alleges that the Township’s zoning ordinance treats houses of worship and other religious assemblies and institutions on less favorable terms than nonreligious assemblies and institutions.

As part of the consent decree, the Township will revise its zoning code to: reduce the minimum acreage required for a house of worship in many zoning districts from ten acres to two acres; allow houses of worship as-of-right in certain zoning districts; allow smaller houses of worship to be located on minor collector roads; and treat houses of worship on comparable terms to nonreligious places of assembly. The consent decree also requires the Township to train its officials and employees on RLUIPA’s requirements, establish a procedure for receiving and resolving RLUIPA complaints and other injunctive relief.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or the U.S. Attorney’s Office Civil Right Hotline at (855) 281-3339, or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.

The Department of Justice announced today that it has filed a lawsuit against the Mobile County Sheriff’s Office, Alabama’s second-largest sheriff’s office, and the Mobile County Sheriff, in his official capacity (collectively, MCSO).

The lawsuit alleges that MCSO discriminated against current and former female corrections officers and other similarly situated female employees on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964, by subjecting them to a sexually hostile work environment. Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin and religion.

The Department’s complaint, filed today in the U.S. District Court for the Southern District of Alabama, alleges that female corrections officers at MCSO were regularly subjected to severe and pervasive sexual harassment in the workplace by male inmates who frequently expose their genitals, masturbate, and direct sexual slurs, sexual propositions, threats of sexual violence and sexually degrading comments towards female employees. The complaint alleges that despite the employees’ numerous reports to MCSO supervisors objecting to the harassment, MCSO did not take the complaints seriously and failed to take prompt and effective action to remedy this harassing conduct. 

“Nobody deserves to be sexually harassed while on the job,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Civil Rights Division. “The behavior to which these female employees were subjected is appalling, and the County’s failure to take action to protect its employees from such conduct is inexcusable.”

Twelve female correctional officers employed by the MCSO filed charges of sex discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Justice Department.

Through this lawsuit, the United States seeks monetary relief for the affected female employees and injunctive relief to require MCSO to develop and implement policies that would prevent and remedy sex-based harassment in the future.

Today’s lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative announced in February 2018. The Initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.

The United States is represented in the case by Senior Trial Attorneys Taryn Wilgus Null, Alicia Johnson, and Juliet Gray of the Civil Rights Division’s Employment Litigation Section.

Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt.

A federal grand jury in Alabama returned a five-count indictment today charging two Alabama men, an Alabama Department of Corrections (ADOC) sergeant and corrections officer with assaulting an inmate at ADOC’s Staton Correctional Facility and making false statements following the assault. 

According to court documents, Sergeant Devlon Williams, 35 and Correctional Officer Larry Managan Jr. 39, of Montgomery assaulted the inmate by striking him with their feet and with a collapsible baton, and charges Managan with assaulting the inmate by walking on the inmate. Both Williams and Managan also were charged with making false statements about the assault to a state investigator, and Williams was charged with making a false statement about the assault in an official report. 

Williams faces a statutory maximum sentence of 50 years in prison. Managan faces a statutory maximum of 40 years in prison.    

This case is being investigated by the FBI’s Mobile Division and ADOC’s Law Enforcement Services Division.

It is being prosecuted by Assistant U.S. Attorney Eric Counts of the Middle District of Alabama, Special Legal Counsel Mark Blumberg and Trial Attorney David Reese of the Civil Rights Division.

The charges contained in the indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty in court.

A Montana man pleaded guilty in federal court in the District of North Dakota to a felony charge of obstructing an Occupational Safety and Health Administration (OSHA) proceeding stemming from the 2014 death of an oilfield worker in Williston, North Dakota.

Stephan Todd Reisinger, 50, of Kalispell, was a maintenance manager at Nabors Completion and Production Services Company (NCPS) at its Williston facility. He supervised approximately 40 employees, including 28-year old U.S. Marine Corps veteran Dustin Payne. On Oct. 3, 2014, Payne welded on an uncleaned tanker trailer that had previously carried “produced water,” a liquid waste that is generated by oil wells and which contains flammable chemicals. The tank exploded and Payne was fatally injured.

Federal law makes it illegal to weld on tanks or other containers that have not been thoroughly cleaned to remove all flammable materials and explosion hazards.

“It is critical that OSHA be able to fully investigate worker safety fatalities,” said Acting Assistant Attorney General Jean E. Williams for the Justice Department’s Environment and Natural Resources Division. “The Justice Department will prosecute those who impede OSHA’s ability to find out the truth in the course of any safety investigation.”

“Federal workplace laws are designed to protect workers and enhance safety in order to prevent injuries and deaths,” said Special Agent in Charge Andrea M. Kropf of the U.S. Department of Transportation Office of Inspector General, Midwestern Region. “We will continue to work with our federal and law enforcement partners to hold those accountable who jeopardize transportation and hazardous material workers’ safety.” 

In a plea agreement with the government, Reisinger admitted to knowing the tanker trailers hauled produced water. During an investigation into Payne’s death, he made false statements in an interview with OSHA, including that he did not know of the hazards and composition of produced water. Reisinger falsely stated that he thought “just water” was in the tanks.

C&J Well Services, the corporate successor to NCPS, previously pleaded guilty to charges related to Payne’s death and on Aug. 28, 2019, was sentenced to pay $2.1 million in fines and restitution. NCPS policies mandated special training for welders and internal auditing procedures to make sure that welding rules were actually being followed. However, NCPS did not provide welding-specific training to Payne or other welders at the Williston facility. As a result, Payne and other welders repeatedly welded on uncleaned tanks that contained flammable hydrocarbon residue.

OSHA, the U.S. Environmental Protection Agency - Criminal Investigation Division and the U.S. Department of Transportation Office of the Inspector General, with additional support from the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.

Senior Trial Attorney Christopher Costantini of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Gary Delorme for the District of North Dakota prosecuted the case.

In an indictment unsealed today, a federal grand jury in Miami charged a Florida medical doctor and three others for their roles in an alleged scheme to falsify clinical trial data.

According to court documents, Dr. Martin Valdes, 64, of Coral Gables, Florida, Fidalgis Font, 53, of Miami, Julio Lopez, 54, of Miami, and Duniel Tejeda, 35, of Canon City, Colorado, were charged in a six-count indictment returned by a federal grand jury on Feb. 23, 2021. Each defendant was charged with conspiracy to commit mail and wire fraud and at least one substantive count of mail fraud. In addition, Valdes and Font were charged with money laundering and Valdes was further charged with making a false statement to inspectors with the U.S. Food and Drug Administration (FDA).

“The public must be able to rely on the accuracy and honesty of clinical trial data, which is essential to ensuring the safety of drugs approved for patient use,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The defendants undermined that process and put patients at risk. The Department of Justice will pursue and prosecute those who put personal profit before public health.” 

According to the indictment, from at least February 2014 through at least July 2016, the defendants fabricated clinical trial data for profit while working at Tellus Clinical Research, a medical clinic based in Miami. The indictment alleges that the defendants knowingly enrolled subjects in clinical trials when those subjects failed to meet eligibility criteria, falsified subject laboratory results, falsified subject medical records, and falsely represented that subjects were taking the drugs being studied when in fact they were not. Valdes served as primary investigator for the clinical trials conducted at Tellus, Font was the owner of the business, and Lopez and Tejeda were senior Tellus employees.

“Reliable and accurate data from clinical trials is the cornerstone of FDA’s evaluation of a new drug,” said Catherine A. Hermsen, FDA Assistant Commissioner for Criminal Investigations. “Compromised clinical trial data could impact the agency’s decisions about the safety and effectiveness of the drug under review. We will continue to monitor, investigate and bring to justice those whose actions may subvert the FDA approval process and endanger the public health.”

“Falsifying clinical data is a violation of the public’s trust and it endangers the safety of consumers,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “Those who enrich themselves while compromising public health in this way commit serious crimes and will be prosecuted.”

If convicted of conspiracy to commit mail and wire fraud or mail fraud, each defendant faces a maximum penalty of 20 years’ imprisonment. If convicted of money laundering, Valdes faces a maximum penalty of 20 years’ imprisonment, and Font faces a maximum of 10 years’ imprisonment. If convicted of making a false statement to the FDA, Valdes faces a maximum of five years’ imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Director Clint Narver, Trial Attorney Lauren M. Elfner, and Trial Attorney Joshua Rothman of the Justice Department’s Consumer Protection Branch are prosecuting the case. The FDA’s Office of Criminal Investigations, Miami Field Office, investigated the case, and the U.S. Attorney’s Office of the Southern District of Florida provided critical assistance.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit https://www.justice.gov/usao-sdfl.

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

SAIPAN, MP – The United States filed a civil complaint seeking to enjoin a Saipan physician from unlawfully dispensing opioids and other controlled substances.  The government alleges that Dr. John L. Doyle unlawfully issued controlled substance prescriptions in violation of the Controlled Substances Act under Title 21 of the United States Code. 

The complaint, filed in U.S. District Court for the Northern Mariana Islands, alleges that Dr. Doyle issued multiple prescriptions for high quantities of a dangerous combination of drugs commonly known as the Holy Trinity – opioids, benzodiazepines, and  muscle relaxants – as well as other controlled substances to the spouse of a colleague, frequently without examining the patient.  He allegedly ignored obvious signs of addiction and physical and mental deterioration when issuing opioid prescriptions and other controlled substances to another patient.  The complaint also alleges that Dr. Doyle’s actions contributed to a high risk of overdose or death in these patients, a risk that he knew or should have known because he had been previously disciplined by the Kentucky Medical Board for similar violations that were related to the overdose death of a patient.    

“It is a sad reality that some medical practitioners are fueling drug addiction in the United States.  All too often, the diversion of drugs for illegitimate use results in tragic consequences,” said U.S. Attorney Shawn N. Anderson.  “The Department of Justice is fighting this epidemic in a variety of ways.  As this case demonstrates, we can and will pursue civil litigation to cut off the flow of illicit prescriptions at the source.  We look forward to proving our claims in court and holding Dr. Doyle accountable for his conduct.”

“Doctors have a trusted responsibility to properly and legally care for their patients and when individuals take actions to harm them, they will be held accountable,” said DEA Assistant Special Agent in Charge Leslie Tomaich. “We have no tolerance for medical professionals that violate their oath and illegally distribute prescription drugs that exacerbate the opioid epidemic.”

The complaint alleges that Dr. Doyle wrote prescriptions for potent and dangerous opioids that he knew or should have known were not issued for a legitimate medical reason and outside the usual course of professional practice.  The complaint seeks civil penalties up to $67,627 for each of the 73 violations of the Controlled Substances Act, as well as an injunction against the defendant.  While several settlements have been reached with other physicians in this region pre-complaint, this lawsuit represents the first-ever Controlled Substances Act civil suit against a physician in the history of the District of the Northern Mariana Islands.   

The claims asserted against defendants in a civil suit are allegations only and are not determinations of liability. 

The investigation is being conducted by the Drug Enforcement Administration, Honolulu Diversion Group and Saipan Post of Duty.  The case is being prosecuted by Mikel Schwab and Jessica F. Wessling, Assistant U.S. Attorneys for the Districts of Guam and the Northern Mariana Islands.

The Department of Justice today held a listening session with more than a dozen Asian American and Pacific Islander (AAPI) community groups as part of its continuing efforts to deter hate crimes and other unlawful acts against the AAPI community.

“No one in America should fear violence because of who they are, what they look like or what part of the world they or their families came from,” said Acting Deputy Attorney General John Carlin, the host of the meeting.  “The Department of Justice and our component agencies are committed to bringing all of our tools to bear in supporting AAPI communities as we address the horrific rise in hate and bias incidents occurring across the country.”

Today’s listening session follows a meeting Carlin had earlier this week with key U.S. Attorneys in Districts around the country with significant AAPI populations including:

• Northern District of California (San Francisco, San Jose, Oakland)
• Central District of California (Los Angeles)
• Southern District of Texas (Houston)
• Northern District of Illinois (Chicago)
• Southern District of New York (Manhattan)

Carlin requested feedback from each District’s work on AAPI-related hate crimes and incidents including cases trends, community outreach efforts and data collection.  The meeting was also attended by senior leaders of the Department’s Civil Rights Division, Executive Office for the U.S. Attorneys and FBI Headquarters.

Additional Background

• On January 26, 2021, President Biden issued the “Presidential Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States,” which mandates that the “Attorney General shall:
  • explore opportunities to support, consistent with applicable law, the efforts of State and local agencies, as well as AAPI communities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and
  • expand collection of data and public reporting regarding hate incidents against such individuals.
• Since the signing of that memo the Department has been working to combat discrimination and violence through both direct federal law enforcement action and capacity building, training, support, and outreach to our partners in state and local law enforcement and the AAPI community. 
• The Department has investigated complaints of discrimination and violence against the AAPI community on all fronts – ranging from employment or housing discrimination to reported assaults. 
• The Department has monitored reports by organizations like the Asian Pacific Policy & Planning Council (A3PCON) and Stop AAPI Hate, as well as media reporting, to identify which might be actionable under federal hate crime statutes.
• DOJ hosted Hate Crime Forums aimed at state and local law enforcement, attorneys, community members, community advocacy organizations, and other groups, to provide education raise awareness about hate crimes investigations, challenges and available resources.
• DOJ’s Community Relations Service is working with community-based groups including youth, faith leaders, cultural leaders, and civil rights organizers from API, Black, and Latino communities to reduce racial tensions and prevent violence. 
• DOJ is just getting started.  Among other things, DOJ plans to make clear that this issue is among our highest priority, engage in increased outreach, and dedicate resources to combat the threat.  
• DOJ is taking a fresh look at ways of reinvigorating the Department’s Hate Crimes Enforcement and Prevention Initiative, to identify how we can best expand data collection and reporting regarding hate incidents against AAPI persons including: 
  • Launch a new community outreach and engagement program designed to improve identifying, reporting, and preventing hate crimes and build trust with federal, state, local, and tribal law enforcement;
  • Translate our hate crimes resources website and complaint portal to the 4 most common AAPI languages, beginning with Chinese (Traditional and Simplified) and conduct outreach to reach those limited English proficient communities;
    Work with state victims’ programs to help them address hate crimes;
  • Establish a new grant program to help states, localities, and tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes;
  • Launch a new Hate Crimes program under the Matthew Shepard/James Byrd Hate Crimes Program to support funds and training and technical assistance to support outreach, education, reporting, investigation and prosecution of hate crimes; and
  • Review how we collect and use hate crime data and statistics.

Oglethorpe Inc. and its three Ohio facilities, Cambridge Behavioral Hospital, Ridgeview Behavioral Hospital, and The Woods at Parkside, will pay $10.25 million to resolve alleged violations of the False Claims Act for improperly providing free long-distance transportation to patients and admitting patients at Cambridge and Ridgeview who did not require inpatient psychiatric treatment, resulting in the submission of false claims to the Medicare program. 

Oglethorpe Inc. is a Florida company that operates two Ohio inpatient psychiatric hospitals, Cambridge and Ridgeview, and one Ohio substance abuse treatment facility, Parkside. The settlement was based on analysis of the companies’ ability to pay after review of their financial condition. 

This settlement resolves allegations that, between August 2013 and June 2019, defendants provided free long-distance van transportation to patients to induce them to seek treatment at the defendants’ facilities, in violation of the Anti-Kickback Statute, and then submitted claims for services provided to these patients, in violation of the False Claims Act. The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by a federal health care program, such as Medicare, Medicaid or TRICARE. Claims submitted to these programs in violation of the Anti-Kickback Statute give rise to liability under the False Claims Act. The government also alleged that Oglethorpe, Cambridge, and Ridgeview submitted, or caused to be submitted, false claims to Medicare for medically unnecessary inpatient psychiatric admissions and associated services at the two hospitals.

“Kickbacks to patients can result in unnecessary services that serve neither the patients nor our federal health care programs,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department is committed to pursuing unlawful remunerations in whatever form they occur to safeguard taxpayer funded health care benefits.”

“Submitting false claims by billing for unnecessary inpatient psychiatric hospitalizations is not only inappropriate – it’s illegal,” said Acting U.S. Attorney Vipal J. Patel for the Southern District of Ohio. “This settlement shows that the United States will hold accountable those who seek to profit by flouting proper standards of medical practice and appropriate review and submission of Medicare billings.”

“Kickbacks in the form of free van rides and the false claims subsequently submitted to federal health care programs come at a tremendous cost to patients and the taxpayers,” said Special Agent in Charge Lamont Pugh for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “We will continue to work with our law enforcement partners to pursue and hold accountable entities who engage in such acts.”    

Contemporaneous with the settlement, Oglethorpe entered into a corporate integrity agreement (CIA) with HHS-OIG. Among other things, the CIA requires that for the next five years Oglethorpe must retain an Independent Review Organization to review its claims to Medicare and Medicaid.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Darlene Baker, a former client advocate at Cambridge. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery if the government takes over the case and reaches a monetary agreement with the defendant. The qui tam case is captioned United States ex rel. Baker v. Oglethorpe, Inc., et al., No. 2:16-cv-1040 (S.D. Ohio). 

The resolutions obtained in this matter were the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; the U.S. Attorney’s Office for the Southern District of Ohio; and HHS-OIG.

The matter was investigated by Trial Attorney Christopher Wilson of the Civil Division and Assistant U.S. Attorney Andrew Malek.

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

Two Texas construction company owners have pleaded guilty in a long-running scheme to defraud the United States.

Michael Wibracht of San Antonio, Texas, the former owner of several companies in the construction industry, conspired to defraud the United States in order to obtain valuable government contracts under programs administered by the U.S. Small Business Administration (SBA) for which neither his nor his co-conspirators’ companies were eligible. One co-conspirator, Ruben Villarreal, also of San Antonio, pleaded guilty on Nov. 20, 2020, to participating in the same conspiracy.

“For many years, this conspiracy undermined the integrity of the federal procurement process,” said Acting Assistant Attorney General Richard A. Powers of the Department of Justice Antitrust Division. “This conduct robbed opportunities from honest businesses, especially those owned by historically disadvantaged individuals and service-disabled veterans.”

According to court documents filed in the Western District of Texas in San Antonio, Wibracht, Villarreal, and other co-conspirators conspired to defraud the United States by interfering with the function of the SBA and fraudulently obtaining money from agencies of the United States as early as 2004 continuing at least through 2017. As part of this scheme, the conspirators installed Villarreal, a service-disabled veteran, as the ostensible owner of a general construction company held out as a Service-Disabled Veteran-Owned Small Business (SDVOSB). Wibracht and other co-conspirators, however, exercised disqualifying financial and operational control over the construction company. The conspirators concealed that control in order to secure over $250 million in government contracts that were “set aside” for SDVOSBs in order to benefit their larger, non-qualifying businesses. The SBA administers the SDVOSB program, which is designed to increase the number of government contracts awarded to small businesses owned and controlled by service-disabled veterans. To qualify as an SDVOSB, a company, among other things, must be owned and controlled by a service-disabled veteran.

“Conspiring to fraudulently gain access to federal contracts set aside for small businesses owned and operated by disadvantaged individuals or service-disabled veterans is unacceptable,” said Inspector General Hannibal “Mike” Ware. “The guilty pleas send a strong message that those responsible will be held accountable. I want to thank the Antitrust Division and our law enforcement partners for their support and dedication to pursuing justice in this case.”

“These plea agreements showcase the unique expertise of the U.S. Army CID’s specialized unit, the Major Procurement Fraud Unit,” said Special Agent in Charge Ray A. Rayos of the Southwest Fraud Field Office of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Together, with our partner agencies and the Department of Justice Antitrust Division, those individuals responsible for engaging in a complex and long running scheme to defraud the United States government have been brought to justice.”

“The General Services Administration Office of Inspector General is committed to working with its law enforcement partners and the Department of Justice Antitrust Division to ensure that individuals and companies who fraudulently obtain contracts meant for legitimate small and disadvantaged businesses are investigated and prosecuted to the full extent of the law,” said Inspector General Carol Ochoa of the General Services Administration.

“The defendants conspired to fraudulently obtain multi-million dollar government contracts under a program designed to benefit service-disabled veterans,” said Inspector General Michael J. Missal of the Department of Veterans Affairs. “These guilty pleas send a clear message that individuals and companies who defraud the government contracting process for service-disabled veterans will be held accountable. The VA OIG thanks the Department of Justice Antitrust Division and our law enforcement partners for their joint efforts to achieve justice in this case.”

“This outcome is a testament to the commitment of the Defense Criminal Investigative Service (DCIS) and our Law Enforcement partners in safeguarding the integrity to the DoD contracting process,” said Acting Special Agent-in-Charge Gregory P. Shilling of the DCIS Southwest Field Office. “DCIS will utilize all available resources to pursue allegations of fraud and corruption, bringing to justice those who seek to enrich themselves through the exploitation of Small Business Administration programs designed to help disadvantaged groups.”

Wibracht pleaded guilty to one count of conspiring to commit wire fraud and defraud the United States. Villarreal pleaded guilty to conspiracy to defraud the United States and is scheduled to be sentenced before Judge Xavier Rodriguez on June 23, 2021. Both men face a maximum penalty of five years in prison and a $250,000 fine. The maximum fine for an individual may be increased to twice the gain derived from the crime, or twice the loss suffered by victims of the crime, if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The SBA Office of Inspector General, Army Criminal Investigation Command’s Major Procurement Fraud Unit, General Services Administration Office of Inspector General, Department of Veterans Affairs Office of Inspector General, and DCIS are investigating the case, with assistance from the U.S. Attorney’s Office for the Western District of Texas and the Army Audit Agency.

The Department of Justice Antitrust Division’s Washington Criminal II Section is prosecuting the case. Special thanks are extended to Assistant U.S. Attorney William F. Lewis, Jr. of the U.S. Attorney’s Office for the Western District of Texas.

Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.

In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact procurement and grant and program funding at all levels of government — Federal, state, and local. For more information, visit https://www.justice.gov/procurement-collusion-strike-force. 

The Department of Justice has received reports that fraudsters are creating websites mimicking unemployment benefit websites, including state workforce agency (SWA) websites, for the purpose of unlawfully capturing consumers’ personal information.

To lure consumers to these fake websites, fraudsters send spam text messages and emails purporting to be from an SWA and containing a link. The fake websites are designed to trick consumers into thinking they are applying for unemployment benefits and disclosing personally identifiable information and other sensitive data. That information can then be used by fraudsters to commit identity theft.

Unless from a known and verified source, consumers should never click on links in text messages or emails claiming to be from an SWA offering the opportunity to apply for unemployment insurance benefits. Instead, anyone needing to apply for unemployment benefits should go to an official SWA website, a list of which can be found at: https://www.careeronestop.org/localhelp/unemploymentbenefits/unemployment-benefits.aspx.

Schemes that use links embedded in unsolicited text messages and emails in attempts to obtain personally identifiable information are commonly referred to as phishing schemes. Phishing messages may look like they come from government agencies, financial intuitions, shipping companies, and social media companies, among many others. Carefully examine any message purporting to be from a company and do not click on a link in an unsolicited email or text message. Remember that companies generally do not contact you to ask for your username or password. When in doubt, contact the entity purportedly sending you the message, but do not rely on any contact information in the potentially fraudulent message. 

If you receive a text message or email claiming to be from an SWA and containing a link or other contact information, please report the communication to the National Center for Disaster Fraud (NCDF) by calling 866-720-5721 or using the NCDF Web Complaint Form found at: www.justice.gov/disaster-fraud.

If you believe you may have entered information into a fraudulent website, resources on how to protect your information can be found at: www.identitytheft.gov.

To learn more about identifying and protecting yourself from phishing attempts, go to: https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams or https://www.fbi.gov/scams-and-safety/common-scams-and-crimes/spoofing-and-phishing.

Further information about the SWA-imposter scheme, and other major scams targeting American consumers, can be found at the Justice Department’s Transnational Elder Fraud Strike Force website: https://www.justice.gov/civil/consumer-protection-branch/transnational-elder-fraud-strike-force.

This alert is provided by the Justice Department’s National Unemployment Insurance Fraud Task Force (NUIFTF) and the Consumer Protection Branch of the department’s Civil Division. Members of NUIFTF include: Department of Labor Office of Inspector General, U.S. Secret Service, Homeland Security Investigations, IRS-Criminal Investigation, U.S. Postal Inspection Service, Social Security Administration Office of Inspector General, and FDIC Office of Inspector General.

Find out more about the NUIFTF at: /media/1093226/dl?inline.

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

A federal court permanently enjoined a New York company and its operators from manufacturing or distributing dietary supplements unless and until they comply with the law.

A complaint filed May 23, 2019, alleged that Confidence USA Inc. company president Helen Chian, and company manager Jim Chao violated the Federal Food, Drug, and Cosmetic Act (FDCA) by distributing adulterated dietary supplements.

The complaint alleged that inspections conducted by the U.S. Food and Drug Administration (FDA) in 2016, 2017, and 2018 showed that the defendants repeatedly failed to verify that their finished dietary supplements met product specifications for identity, purity, strength, composition, and contamination limits, and failed to verify the identity of each dietary ingredient used in the manufacture of the supplements. The Justice Department filed the complaint in U.S. District Court for the Eastern District of New York at the request of the FDA.

“American consumers expect dietary supplements to contain the ingredients stated on the label, in the stated amounts,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will continue to work with the FDA to ensure that dietary supplement manufacturers follow the law.”

According to the complaint, the defendants made and distributed more than 50 dietary supplements under brand names that include Confidence USA, American Best, USA Natural and The Herbal Store.

“The millions of Americans who take dietary supplements trust that they are unadulterated and meet product specifications under good manufacturing practice regulations,” said Acting U.S. Attorney Seth D. DuCharme for the Eastern District of New York. “The injunctive relief obtained by the United States in this case protects consumers by requiring defendants to follow the law and adhere to the regulations in manufacturing and distributing dietary supplements.”

Dietary supplements not prepared, packed and held in conformance with current good manufacturing practices regulations are adulterated in violation of the FDCA. The FDA issued a warning letter to Confidence USA in 2011 regarding deficiencies with the company’s manufacturing practices, and U.S. Marshals previously seized certain Confidence USA products in connection with a 2012 complaint alleging the products were adulterated.

“Consumers deserve access to dietary supplements that are manufactured to assure their quality,” said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “If a dietary supplement company repeatedly fails to comply with basic good manufacturing practice requirements, the public cannot trust that their products are what they say they are. The FDA will continue to protect American consumers by taking appropriate actions necessary when companies violate the law.”

Trial Attorney Raquel Toledo of the Department of Justice Civil Division's Consumer Protection Branch and Assistant U.S. Attorney Robert Schumacher from the U.S. Attorney’s Office for the Eastern District of New York handled the case, with assistance from Associate Chief Counsel for Enforcement Jennifer Argabright of the FDA’s Office of General Counsel.

For information on the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit https://www.justice.gov/usao-edny.

A North Carolina return preparer pleaded guilty today to conspiring to defraud the United States.

According to court documents, Hildares Kinkesha Parker-Greene managed a tax return preparation business located in Kinston, North Carolina, from at least January 2016 through March 2016. Parker-Greene conspired with another return preparer to fraudulently inflate clients’ tax refunds by claiming false wages, federal income tax withholdings, and dependents. This fraudulent conduct caused clients to receive refunds to which they were not entitled.

Additionally, between 2017 and 2018, Parker-Greene operated a tax preparation business out of her home and continued to prepare false returns for clients. In total, the false returns prepared by Parker-Greene and her co-conspirator sought to defraud the IRS of more than $550,000.

Parker-Greene is scheduled to be sentenced before U.S. District Court Judge James C. Dever III and faces a statutory maximum sentence of five years in prison. She also faces a period of supervised release, restitution and monetary penalties. Judge Dever 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 Robert J. Higdon Jr. for the Eastern District of North Carolina made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Michael Jones and William Guappone of the Justice Department’s Tax Division are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

The Department of Justice announced today that it has reached a settlement with Geisinger Health (Geisinger) and Evangelical Community Hospital (Evangelical) that will resolve the department’s ongoing civil antitrust litigation challenging Geisinger’s partial acquisition of Evangelical. Among other terms, the settlement requires Geisinger to cap its ownership interest in Evangelical at a 7.5% passive interest and eliminates additional entanglements between the two competing hospitals.

On Aug. 5, 2020, the Department of Justice Antitrust Division filed a civil antitrust lawsuit challenging Geisinger’s partial acquisition of Evangelical. The department alleged that Geisinger and Evangelical are close competitors for inpatient general acute-care hospital services for patients in a six-county area in central Pennsylvania, where the two hospital systems together account for approximately 70% of the market. 

“Now, more than ever, Americans need access to quality healthcare services at affordable prices,” said Richard A. Powers, Acting Assistant Attorney General of the Antitrust Division. “The anticompetitive agreement between Geisinger and Evangelical reduced their incentives to compete on the price, quality, and availability of high-quality healthcare services, which would have harmed patients in central Pennsylvania. Today’s settlement ensures that those patients will continue to benefit from robust competition between Geisinger and Evangelical.”

According to the complaint, the partial-acquisition agreement created significant entanglements between the hospitals, reducing their incentives to compete against each other and increasing the likelihood of harmful coordination. For example, Geisinger was slated to obtain a 30% ownership interest in Evangelical in exchange for providing $100 million to Evangelical for use on projects approved by Geisinger. These terms would have set Geisinger up as a critical source of funding for Evangelical for the foreseeable future and provided opportunities for Geisinger to influence strategic decisions of its competitor. The agreement also gave Geisinger rights of first offer and first refusal for certain transactions and joint ventures, which, in conjunction with other provisions in the agreement, would have made it difficult for Evangelical to partner with other healthcare entities. The department alleged that the provisions of the partial-acquisition agreement functioned together to substantially lessen competition and unreasonably restrain trade in the market for inpatient hospital services in central Pennsylvania.

If approved by the court, the proposed settlement, filed today in the U.S. District Court for the Middle District of Pennsylvania, would resolve the competitive harm alleged in the complaint. The terms of the settlement are intended to prevent Geisinger from exercising any form of control or influence over Evangelical and to restore the defendants’ incentives to compete with each other on both quality and price. In addition to capping Geisinger’s ownership interest in Evangelical, the proposed settlement restricts Geisinger from increasing its ownership interest in Evangelical, making any loan or providing any line of credit to Evangelical, or exerting any control over Evangelical’s expenditure of funds. Defendants are also each required to implement an antitrust compliance program.

While fully addressing the harm threatened by the partial-acquisition agreement, the settlement allows procompetitive aspects of defendants’ proposal to move forward. Specifically, the settlement permits Evangelical to obtain new electronic health records information technology systems and related IT support from Geisinger, enabling Evangelical to upgrade its electronic health records systems and improve the delivery of care to patients in central Pennsylvania. The settlement also requires Evangelical to use the funds associated with Geisinger’s passive investment for specific projects that will benefit patients and the community.    

Geisinger is an integrated regional healthcare provider of hospital and physician services in Pennsylvania. It operates 12 hospitals as well as urgent-care centers and outpatient facilities, and owns physician practices throughout Pennsylvania. Its flagship hospital, Geisinger Medical Center, is a 574-bed hospital located in Danville, Pennsylvania. Geisinger Health’s annual revenue in 2019 was approximately $7.1 billion. 

Evangelical Community Hospital is a 132-bed independent community hospital in Lewisburg, Pennsylvania. It also operates an urgent-care center and several other outpatient facilities, and owns a number of physician practices in central Pennsylvania. Its annual revenue in 2019 was approximately $259 million. 

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Eric Welsh, Chief, Healthcare and Consumer Products Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4100, Washington, DC 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the Middle District of Pennsylvania may enter the final judgment upon finding it is in the public interest.

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

Criminal complaints have been unsealed charging two Ecuadorian citizens for their alleged roles in a bribery and money laundering scheme involving Ecuador’s public police pension fund (ISSPOL).

John Luzuriaga Aguinaga, 52, and Jorge Cherrez Miño, 46, were each charged with one count of conspiracy to commit money laundering in complaints filed in the Southern District of Florida on Feb. 10 and Feb. 19, respectively. Luzuriaga was arrested Feb. 26 and had his initial appearance Monday. An arrest warrant has been issued for Cherrez who is believed to be in Mexico.

As alleged in the complaints, between approximately 2014 and 2020, Cherrez, an investment advisor, paid more than $2.6 million in bribes to ISSPOL officials, including at least approximately $1,397,066 to Luzuriaga, ISSPOL’s Risk Director and a member of ISSPOL’s Investment Committee, in order to obtain and retain investment business from ISSPOL. Cherrez allegedly obtained approximately $65 million in profits from one aspect of the scheme. 

According to the complaint, Cherrez received payments from the ISSPOL investment business in an account in the United States, used Florida-based companies and bank accounts to pay the bribes, and took acts in furtherance of the bribery scheme while in the Southern District of Florida.  Further, to conceal and promote the bribery scheme, Cherrez and Luzuriaga allegedly laundered the corrupt proceeds through Florida-based companies and bank accounts, including numerous U.S. investment fund companies incorporated in Florida with Cherrez as an officer or director.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Special Agent in Charge Kelly Jackson of the IRS-Criminal Investigation’s (IRS-CI) Washington, D.C. office, and Special Agent in Charge Anthony Salisbury of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami office made the announcement.

This case is being investigated by HSI and IRS-CI, jointly under the auspices of the Global Illicit Financial Team. Trial Attorneys Katherine Raut and Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case.  Southern District of Florida Assistant United States Attorney Annika Miranda is handling asset forfeiture.

The Justice Department’s Office of International Affairs has provided significant assistance in this case.

The Fraud Section is responsible for investigating and prosecuting all Foreign Corrupt Practices Act (FCPA) matters.  Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

To learn more about the government’s FCPA enforcement efforts, go to www.justice.gov/criminal/fraud/fcpa.

The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.

WASHINGTON – The Department of Justice announced today that it has reached a settlement agreement resolving the United States’ claims that Tallahatchie County, Mississippi, and the Tallahatchie County sheriff in his official capacity (collectively, Tallahatchie County), intentionally discriminated against Black deputy sheriffs based on their race, by paying them less than white deputy sheriffs, in violation of Title VII of the Civil Rights Act of 1964.  

“Under Title VII, it is illegal to pay employees less because of their race,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Black deputy sheriffs in Tallahatchie County work hard to protect members of their community and they deserve equal treatment in every aspect of their employment, especially their paychecks. This settlement will ensure pay policies that promote equal employment opportunities for these public safety professionals.”

Under the terms of the settlement agreement, Tallahatchie County will pay four Black deputy sheriffs back-pay compensation for the unequal pay rates that they have endured. Tallahatchie County will also ensure that pay rates are reviewed and adjusted, as necessary, to ensure no future discrimination. Tallahatchie County will implement a new pay policy to be reviewed by the Department of Justice and will put in place procedures to ensure transparency in pay for its entire workforce of deputy sheriffs.

This lawsuit stemmed from an investigation conducted by the Equal Employment Opportunity Commission (EEOC) during which the Commission found that there was reasonable cause to believe that violations of Title VII occurred against a class of Black deputy sheriffs for which disparities in pay were racially motivated. After unsuccessful conciliation efforts by the EEOC, the EEOC referred the charges to the Justice Department. 

The full and fair enforcement of Title VII is a top priority of the Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.

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El Departamento de Justicia anunció hoy su acuerdo de conciliación con el Distrito Escolar del Condado de Charleston, el cual resuelve su investigación de quejas que acusaban al distrito escolar de no comunicar información esencial a miles de padres hispanoparlantes cuyo dominio del inglés es limitado («LEP», por sus siglas en inglés), lo que denegó el acceso pleno e igualitario de sus hijos a los programas y servicios educativos del Distrito. La División de Derechos Civiles y la Fiscalía Federal para el Distrito de Carolina del Sur llevaron a cabo la investigación en virtud del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974.

La investigación de Estados Unidos halló que, en muchas ocasiones, el Distrito no usa intérpretes cualificados para comunicarse con padres y tutores legales hispanoparlantes LEP, incluso cuando su necesidad de un intérprete esté documentada o que de otra forma sea evidente. Por otra parte, Estados Unidos halló que el Distrito no traduce información escrita esencial al español de una manera consistente, y pide a padres que solamente pueden comunicarse en español, que tomen decisiones importantes sobre programas y servicios escolares sin explicarles las opciones de una forma adecuada, en un idioma que entienden.

«Para el bien del éxito de los estudiantes en la escuela y más allá, es fundamental empoderar a los padres y tutores legales con la información que necesitarán para tomar parte de una forma significativa en la educación de sus hijos. Debemos seguir luchando por asegurar que todos los padres tengan esta oportunidad, independientemente de su nacionalidad de origen o competencia en el idioma inglés», declaró Pamela S. Karlan, la Principal Fiscal General Auxiliar Adjunta de la División de Derechos Civiles. «Nos alienta el compromiso y la cooperación por parte del Distrito Escolar del Condado de Charleston y estamos deseando seguir trabajando con el Distrito para implementar este acuerdo y cumplir con su compromiso a tratar a todos los estudiantes y padres del Distrito por igual».

«Se debe felicitar al Distrito Escolar del Condado de Charleston por su colaboración en esta investigación y por su compromiso con sus estudiantes, padres y tutores legales», afirmó el Fiscal Federal en funciones para el Distrito de Carolina del Sur, M. Rhett DeHart. «La Fiscalía Federal está deseando seguir colaborando con el distrito escolar mientras intente servir como ejemplo para otros distritos en lo que se refiere a la provisión plena e igualitaria de acceso a información».

El Distrito cooperó en cada paso de la investigación y se comprometió a mejorar sus prácticas mediante una revisión de sus políticas y el desarrollo profesional. El acuerdo de conciliación requiere que el Distrito use intérpretes y traductores cualificados para comunicarse con padres acerca de asuntos que son esenciales a la educación de sus hijos y que deje de depender de miembros familiares, personal no capacitado y estudiantes para tales fines. Asimismo, el Distrito brindará a padres LEP acceso a documentos e información sobre las ofertas de distintos programas, entre ellos los servicios de educación especial, en un idioma que entienden. Más aún, el acuerdo requiere que el Distrito preste estos servicios de traducción e interpretación a padres y tutores legales LEP en cada una de sus 80 escuelas y programas. 

Conforme al acuerdo, el Distrito:

• Implementará políticas y procedimientos eficaces y capacitará a sus empleados para que las escuelas puedan identificar correctamente y comunicarse de modo significativo con padres y tutores legales LEP;
• Asegurará que todos los padres y tutores legales, a sabiendas, den su consentimiento para programas y servicios educativos para sus hijos o que los renuncien; y
• Se comunicará con padres y tutores legales LEP antes de celebrar reuniones relacionadas con la educación especial para notificarles de su derecho a tener un intérprete cualificado en la reunión y una versión traducida de documentos relacionados con la educación especial, sin costo alguno al padre/tutor legal.

La ejecución del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974 es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles del Departamento de Justicia, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/. 

Download Acuerdo Charleston.pdf

El Departamento de Justicia anunció hoy su acuerdo de conciliación con el Distrito Escolar del Condado de Charleston, el cual resuelve su investigación de quejas que acusaban al distrito escolar de no comunicar información esencial a miles de padres hispanoparlantes cuyo dominio del inglés es limitado («LEP», por sus siglas en inglés), lo que denegó el acceso pleno e igualitario de sus hijos a los programas y servicios educativos del Distrito. La División de Derechos Civiles y la Fiscalía Federal para el Distrito de Carolina del Sur llevaron a cabo la investigación en virtud del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974.

La investigación de Estados Unidos halló que, en muchas ocasiones, el Distrito no usa intérpretes cualificados para comunicarse con padres y tutores legales hispanoparlantes LEP, incluso cuando su necesidad de un intérprete esté documentada o que de otra forma sea evidente. Por otra parte, Estados Unidos halló que el Distrito no traduce información escrita esencial al español de una manera consistente, y pide a padres que solamente pueden comunicarse en español, que tomen decisiones importantes sobre programas y servicios escolares sin explicarles las opciones de una forma adecuada, en un idioma que entienden.

«Para el bien del éxito de los estudiantes en la escuela y más allá, es fundamental empoderar a los padres y tutores legales con la información que necesitarán para tomar parte de una forma significativa en la educación de sus hijos. Debemos seguir luchando por asegurar que todos los padres tengan esta oportunidad, independientemente de su nacionalidad de origen o competencia en el idioma inglés», declaró Pamela S. Karlan, la Principal Fiscal General Auxiliar Adjunta de la División de Derechos Civiles. «Nos alienta el compromiso y la cooperación por parte del Distrito Escolar del Condado de Charleston y estamos deseando seguir trabajando con el Distrito para implementar este acuerdo y cumplir con su compromiso a tratar a todos los estudiantes y padres del Distrito por igual».

«Se debe felicitar al Distrito Escolar del Condado de Charleston por su colaboración en esta investigación y por su compromiso con sus estudiantes, padres y tutores legales», afirmó el Fiscal Federal en funciones para el Distrito de Carolina del Sur, M. Rhett DeHart. «La Fiscalía Federal está deseando seguir colaborando con el distrito escolar mientras intente servir como ejemplo para otros distritos en lo que se refiere a la provisión plena e igualitaria de acceso a información».

El Distrito cooperó en cada paso de la investigación y se comprometió a mejorar sus prácticas mediante una revisión de sus políticas y el desarrollo profesional. El acuerdo de conciliación requiere que el Distrito use intérpretes y traductores cualificados para comunicarse con padres acerca de asuntos que son esenciales a la educación de sus hijos y que deje de depender de miembros familiares, personal no capacitado y estudiantes para tales fines. Asimismo, el Distrito brindará a padres LEP acceso a documentos e información sobre las ofertas de distintos programas, entre ellos los servicios de educación especial, en un idioma que entienden. Más aún, el acuerdo requiere que el Distrito preste estos servicios de traducción e interpretación a padres y tutores legales LEP en cada una de sus 80 escuelas y programas. 

Conforme al acuerdo, el Distrito:

• Implementará políticas y procedimientos eficaces y capacitará a sus empleados para que las escuelas puedan identificar correctamente y comunicarse de modo significativo con padres y tutores legales LEP;
• Asegurará que todos los padres y tutores legales, a sabiendas, den su consentimiento para programas y servicios educativos para sus hijos o que los renuncien; y
• Se comunicará con padres y tutores legales LEP antes de celebrar reuniones relacionadas con la educación especial para notificarles de su derecho a tener un intérprete cualificado en la reunión y una versión traducida de documentos relacionados con la educación especial, sin costo alguno al padre/tutor legal.

La ejecución del Título VI de la ley de Derechos Civiles de 1964 y la ley de Igualdad de Oportunidades Educativas de 1974 es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles del Departamento de Justicia, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/. 

Today the Justice Department announced a settlement agreement with the Charleston County School District to resolve its investigation into complaints that the school district failed to communicate essential information to thousands of Spanish-speaking, limited English proficient (LEP) parents, denying their children full and equal access to the district’s education programs and services. The Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina conducted the investigation under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974.

The United States’ investigation found that the district often fails to use qualified interpreters to communicate with Spanish-speaking, LEP parents and guardians, even when their need for an interpreter is documented or otherwise evident. The United States also found that the district does not consistently translate essential written information into Spanish, and asks parents who can only communicate in Spanish to make important decisions about school programs and services without explaining the options in a language they understand.

“Empowering parents and guardians with the information necessary to meaningfully participate in their children’s education is critical to students’ success in school and beyond. We must continue the work to ensure that all parents have this opportunity, regardless of national origin or English proficiency.” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “We are encouraged by the Charleston County School District’s commitment and cooperation and look forward to continuing to work with the district to implement this agreement and fulfill its promise of equal treatment for all of the district’s students and their parents.”

“The Charleston County School District should be commended for its cooperation with this investigation and for its commitment to its students, parents and guardians,” said Acting U.S. Attorney M. Rhett DeHart for the District of South Carolina. “The U.S. Attorney’s Office looks forward to continue working with the school district, as it strives to be a model for other districts in providing full and equal access to information.”

The district cooperated at every stage of the investigation and committed to improving its practices through revised policies and professional development. The settlement agreement requires the district to use qualified interpreters and translators to communicate with parents about matters essential to their children’s education and to cease relying on family members, untrained staff and students for such purposes. The district will also provide LEP parents with access to documents and information about program offerings, including special education services, in a language they understand. The agreement requires the district to provide these interpretation and translation services for LEP parents and guardians at each of its 80 schools and programs.

Under the agreement, the district will:

• Implement effective policies and procedures and provide employees with training so that schools properly identify and meaningfully communicate with LEP parents and guardians;
• Ensure that all parents and guardians knowingly consent to or decline educational programming and services for their children; and
• Contact LEP parents and guardians prior to holding special education-related meetings to notify them of the right to have a qualified interpreter at the meeting and translated special-education related documents, at no cost to the parent/guardian.

The enforcement of Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, 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/.

INTERPOL Washington—the U.S. National Central Bureau (USNCB)—has partnered with the U.S. Department of State to significantly increase the capacity of The Republic of Maldives to screen against the illicit international travel of transnational criminals and terrorists. Under the State Department funded Project TERMINUS, on February 26, 2021, the Maldives Government implemented an automated system for uploading its stolen and lost travel documents into INTERPOL’s Stolen and Lost Travel Documents (SLTD) database, a searchable repository containing more than 100 million records that can be queried by law enforcement and border security authorities in all 194 INTERPOL member countries. This automation was made possible by hardware and software built, provided and installed remotely by the USNCB. 

The SLTD Uploader software solution is a USNCB custom design which allows both the Maldives Immigration Service and the National Central Bureau (NCB) in Malé, to connect directly to INTERPOL’s SLTD database.

This accomplishment is the culmination of more than three months of active collaboration between the USNCB, the State Department, INTERPOL, and the Government of Maldives, all of which was conducted virtually.

“INTERPOL Washington is pleased to continue our partnership with the U.S. Department of State to develop and deploy the advanced tools and technology that can assist law enforcement partners worldwide in the fight against transnational crime and terrorism. The assistance being provided through Project TERMINUS contributes to both the individual and collective ability of all INTERPOL member countries, including the United States, to more effectively secure their borders against these transnational threats” said Acting Director Michael Hughes.  

Established in 2018, Project TERMINUS is a partnership between the USNCB’s Border Security Division and the State Department’s Bureau of Counterterrorism. This mission of Project TERMINUS is to extend INTERPOL's I-24/7 secure, global police-to-police communications system in high risk areas and select host nations globally.

In addition to The Maldives, Partner Nations currently receiving assistance under Project TERMINUS include Indonesia, Malaysia, and Nigeria.

_____________________________________________________________________
A component of the U.S. Department of Justice, the USNCB is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, the USNCB serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.

Brian M. Boynton, Acting Assistant Attorney General for the Justice Department's Civil Division, released the following statement:

"The CDC’s eviction moratorium, which Congress extended last December, protects many renters who cannot make their monthly payments due to job loss or health care expenses.  By preventing people from becoming homeless or having to move into more-crowded housing, the moratorium helps to slow the spread of COVID-19.   

The Department of Justice respectfully disagrees with the February 25 decision of the district court in Terkel v. CDC that the CDC’s eviction moratorium exceeds Congress’ powers under the Commerce Clause and the Necessary and Proper Clause, and the Department has appealed that decision. The decision, however, does not extend beyond the particular plaintiffs in that case, and it does not prohibit the application of the CDC’s eviction moratorium to other parties.  For other landlords who rent to covered persons, the CDC’s eviction moratorium remains in effect."

Download Karlan Statement - Korean

Download Karlan Statement - Chinese (Simplified)

Download Karlan Statement - Arabic

United Airlines Inc. (United), the world’s third largest airline, has agreed to pay over $49 million to resolve criminal charges and civil claims relating to fraud on postal service contracts for transportation of international mail.

United entered into a non-prosecution agreement (NPA) with the Criminal Division’s Fraud Section and agreed to pay $17,271,415 in criminal penalties and disgorgement to resolve a criminal investigation into a fraud scheme perpetrated by former employees of United’s Cargo Division in connection with United’s execution of contracts to deliver mail internationally on behalf of the U.S. Postal Service (USPS). Separately, United has entered into a False Claims Act settlement with the Civil Division’s Commercial Litigation Branch, Fraud Section, for related conduct, under which it is obligated to pay $32,186,687.

“United was entrusted by the U.S. Postal Service with fulfilling a critical government function – the transportation of U.S. mail abroad,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “Instead of performing this duty with transparency, United defrauded the U.S. Postal Service by providing falsified parcel delivery information over a period of years and accepting millions of dollars of payments to which the company was not entitled. Today’s resolution emphasizes that companies that defraud the government – no matter the context, contract, or federal program – will be held accountable.”

“Companies that do business with the United States must adhere to their contractual obligations,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will pursue those who knowingly fail to provide the government with the goods or services for which it has paid and that it is entitled to receive.”

“The USPS contracts with commercial airlines for the safeguarding and timely delivery of U.S. Mail to foreign posts, including the mail sent to our soldiers deployed to foreign operating bases,” said Director Steven Stuller of the U.S. Postal Service (USPS) Office of Inspector General. “The Office of Inspector General supports the Postal Service by aggressively investigating allegations of contractual non-compliance within the mail delivery process, including the falsification of delivery information. Our special agents worked hand-in-hand with the Department of Justice to help ensure a reasonable resolution and we applaud the exceptional work done by the investigative and legal teams.”

According to the criminal NPA and civil settlement agreement, United entered into International Commercial Air (ICAIR) contracts with USPS, by which United transported U.S. mail internationally on behalf of USPS. Pursuant to these ICAIR contracts, United was obligated to provide bar code scans of mail receptacles to USPS when United took possession of the mail receptacles and when the receptacles were delivered to the foreign postal administration or other intended recipient. United was entitled to full payment under these ICAIR contracts only if accurate mail scans were provided and mail was timely delivered to the foreign postal administration or intended recipient.

Between 2012 and 2015, United engaged in a scheme to defraud USPS by submitting false delivery scan data to make it appear that United and partner airlines with which it worked were complying with the ICAIR requirements, when in fact they were not. Instead of providing USPS accurate delivery scans based on the movement of the mail, United submitted automated delivery scans based on aspirational delivery times. These automated scans did not correspond to the actual movement of the mail, as mandated by the contracts. Because this scan data was not tethered to the actual delivery of mail to the foreign recipients, payment was inappropriate under the ICAIR contracts. Through this data automation scheme, United secured millions of dollars in payments from the USPS to which United was not entitled under the ICAIR contacts.

United further admitted that it concealed problems related to scanning and mail movements that, if known, would have subjected United to financial penalties under the ICAIR contracts. Certain individuals at United worked to conceal United’s automation efforts from the USPS, as they knew that the data being transmitted was fabricated. These individuals further knew that the transmission of false data violated the terms of the ICAIR contracts. The attempts to hide the automation practices included efforts to revise the falsified delivery times to make the automated scans appear less suspicious to USPS.

As part of the criminal resolution, United has agreed to continue to cooperate with the Criminal Division’s Fraud Section and to report any evidence or allegation of a violation of U.S. fraud laws. United has further agreed to strengthen its compliance program and to specific reporting requirements, which require United to submit yearly reports to the Fraud Section regarding the status of its remediation and implementation of United’s compliance program and internal controls, policies, and procedures aimed at deterring and detecting violations of U.S. fraud laws in connection with government contracting.

The Criminal Division’s Fraud Section reached this resolution with United based on a number of factors, including the nature and seriousness of the offense conduct; United’s failure to timely and voluntarily self‑disclose the offense conduct to the department; and United’s prior history, including a 2016 non-prosecution agreement relating to potential criminal bribery or corruption violations arising out of United’s establishment and operation of a non-stop route between Newark Liberty International Airport in New Jersey and Columbia Metropolitan Airport in South Carolina. In addition, United, responding to the Fraud Section’s requests, cooperated with the Fraud Section’s investigation by collecting, organizing, and producing voluminous documents, assisting in making employees available to be interviewed, and making a factual presentation to the Fraud Section. The Fraud Section did not require United to pay a victim compensation payment as part of the NPA because United agreed to a global resolution of its criminal and civil liability, entering into a separate civil settlement agreement with the Department’s Civil Division. 

The Criminal Division’s Fraud Section also considered that United engaged in remedial measures after the offense conduct, including: (i) removing and replacing the principal manager of the criminal scheme detailed in the Statement of Facts; (ii) hiring outside legal and accounting advisors to review and consult on United’s government contracting compliance and related policies and procedures; (iii) establishing an independent Government Contracts Organization to manage and ensure contractual compliance for United’s government contracts that reports directly to United’s Legal Department; (iv) establishing a training curriculum and holding a monthly training call for employees who have government contracting-related duties and responsibilities; (v) prohibiting automation and limiting access to flight configuration data to ensure that data transmitted to the USPS cannot be manipulated by employees; (vi) conducting international mail operations process reviews; and (vii) enhancing its policies and procedures relating to obtaining and complying with government contracts, including assignment of roles and responsibilities, ensuring accurate representations to the U.S. government, and subcontracting.

The civil settlement resolves allegations under the False Claims Act that United falsely reported the times it transferred possession of United States mail to foreign postal administrations or other intended recipients. This is the fourth civil settlement involving air carrier liability for false delivery scans under the USPS ICAIR Contracts. Including the civil settlement announced today, the United States has recovered nearly $65 million in connection with its investigation of delivery scan practices under the ICAIR Contracts through these civil settlements.

The criminal case was investigated by the USPS Office of the Inspector General. Assistant Chief Timothy A. Duree of the Criminal Division’s Fraud Section prosecuted this case. The civil matter was handled by the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from the USPS Office of the Inspector General and the USPS Office of General Counsel. Senior Trial Counsel Don Williamson of the Civil Division’s Commercial Litigation Branch, Fraud Section, represented the government in the civil case.

“The United States is currently facing unprecedented challenges, some of which are fueling increased bigotry and hatred. Hate crimes cannot be tolerated in our country, and the Department of Justice will continue to put all necessary resources toward protecting our neighbors and our communities from these heinous acts.  The Department, through its strong Civil Rights Division, remains resolute in its commitment to investigating and prosecuting civil rights violations, both criminal and civil, and seeking justice for the victims of illegal discrimination.  In addition, over the past months, the Division has trained hundreds of federal prosecutors and law enforcement officers to identify, investigate, and prosecute hate crimes and other civil rights crimes. The Division is also in frequent communication with our colleagues in the FBI and United States Attorney’s Offices as they work with local law enforcement to evaluate possible hate crimes. And the FBI has offered support to assist the criminal investigations.

“In partnership with the FBI and United States Attorney’s Offices across the nation, the Division’s Criminal Section aggressively prosecutes hate crimes, official misconduct, and other criminal civil rights violations.  And its other Sections pursue illegal discrimination in many aspects of life, including housing, employment, voting, education, and the operation of federally funded programs, among other areas.

“When a crime is motivated by animus based on race, religion, national origin, sex (including sexual orientation or gender identity), disability, or citizenship, it causes a ripple effect across a community. No one in the United States should live in fear of victimization because of who they are, how they worship, where they come from, or whom they love. Diversity is central to who we are as a nation, and the Department of Justice is committed to holding accountable anyone who violates the civil rights of others."

For more information and resources on the Department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes. If you believe you have been a victim of a civil rights violation please visit: https://civilrights.justice.gov/ to file a report.

A Colorado man was sentenced today in federal court in Colorado for plotting to blow up a synagogue.

Richard Holzer, 28, was sentenced to over 19 years in prison, followed by 15 years of supervised release. Holzer previously pleaded guilty to federal hate crime and explosives charges for plotting to blow up the Temple Emanuel Synagogue in Pueblo, Colorado, conduct that constituted acts of domestic terrorism. Holzer told undercover FBI agents that he wanted the bombing to send a message to Jewish people that they must leave his town, “otherwise people will die.”

Holzer pleaded guilty to intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, U.S. Code, Section 247, and to attempting to maliciously damage and destroy, by means of fire and explosives, a building used in interstate commerce.

“The Department has combatted hate-based violent extremism and domestic terrorism since our inception,” said Acting Deputy Attorney General John Carlin. “Today there is no higher priority. This sentencing serves as a reminder that these crimes will not be tolerated, and we will hold the individuals who engage in them fully accountable. From our Civil Rights Division, our National Security Division, and the FBI, to the Office for Victims of Crime and our Community Relations Service, the Department of Justice will use every tool at its disposal to identify, disrupt, deter, and prevent hate-based, extremist threats to members of the American public.”

“Today’s sentence is another step forward in our on-going fight against extremism,” said U.S. Attorney Jason Dunn of the District of Colorado. “About two-and-a-half years ago, my first day as U.S. Attorney took me to a vigil for victims from the Pittsburgh Tree of Life Synagogue attack. Today, my last day in the office, we have sentenced the extremist responsible for the attempted bombing of the Temple Emanuel Synagogue in Pueblo. We must remain ever vigilant in this battle and I am confident the Department will continue to lead this fight.”

“Protecting our communities from terrorism, both domestic and international, is a top priority for the FBI. Mr. Holzer targeted a place of worship for violence and destruction to drive people of the Jewish faith from our community," said FBI Denver Special Agent in Charge Michael Schneider. "Today’s sentence demonstrates the commitment by the FBI and our law enforcement partners to ensure that if a crime is motivated by bias against a religion or any other federally protected status, it will be aggressively investigated, and the perpetrators held responsible for their actions. We are grateful for the collaborative efforts of the FBI’s Southern Colorado Joint Terrorism Task Force, Pueblo County Sheriff’s Office, Pueblo Police Department, and the U.S. Attorney’s Office to hold Mr. Holzer accountable for plotting violent acts of hate.”

Holzer, who self-identifies as a Neo-Nazi and white supremacist, admitted that he planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. The planned bombing, which Holzer declared was “a move for our race,” was born from years of Holzer consuming and promoting white supremacist ideology. Holzer regularly used social media to glorify violence and advocate for white supremacy. After an undercover FBI employee contacted Holzer, he sent pictures of himself holding automatic weapons and said he was “getting ready for RAHOWA,” shorthand for a racial holy war.

Holzer talked to associates for months about attacking Temple Emanuel, and he visited the synagogue to observe Jewish congregants. During a meeting with undercover agents to discuss his plans, Holzer repeatedly expressed his hatred of Jewish people and suggested using explosive devices to destroy the Synagogue. Holzer told the undercover agents that he wanted to “get that place off the map.” Holzer further admitted that he coordinated with the undercover agents to obtain explosives, including pipe bombs.

On the evening of Nov. 1, 2019, Holzer met with undercover agents, who provided Holzer with inert explosive devices that had been fabricated by the FBI, including two pipe bombs and 14 sticks of dynamite. Holzer removed a copy of “Mein Kampf” from his bag and told the undercover agents that the explosives looked “absolutely gorgeous.” Holzer admitted that he planned to detonate the explosives several hours later, in the early hours of Saturday morning, Nov. 2, 2019. After his arrest, Holzer explained that “The event planned for tonight would define me as a person who would die for his people.”

The actions Holzer admitted in the plea agreement meet the federal definition of domestic terrorism, as they involved criminal acts dangerous to human life that were intended to intimidate or coerce a civilian population.

Trial Attorney Michael J. Songer of the Civil Rights Division and Assistant U.S. Attorney Julia Martinez prosecuted the case on behalf of the government. The FBI conducted the investigation with the assistance of the Pueblo Police Department and Pueblo County Sheriff’s Office.

For more information and resources on the Department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes.

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Download Karlan Statement - Tagalog

A New Jersey man pleaded guilty today to his role in conspiring with members of a white supremacist hate group to threaten and intimidate African Americans and Jewish Americans by vandalizing minority-owned properties throughout the country in September 2019.

Richard Tobin, 19, of Brooklawn, pleaded guilty to an information charging him with conspiracy against rights. U.S. District Court Judge Robert B. Kugler scheduled sentencing for June 28, 2021.

“Conspiring with others to vandalize and destroy property owned by African-Americans and Jewish Americans will not be tolerated by the Department of Justice,” said Principal Deputy Assistant Attorney General Pam Karlan of the Civil Rights Division. “Every person should feel secure knowing they have the right to own and use their property free from being targeted because of their race or religion. We will continue to protect the civil rights of all individuals and vigorously prosecute bias motivated crimes.”

“Americans should never have to fear racist, anti-Semitic or any other form of bias-motivated violence,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “This defendant encouraged hateful acts of violence against individuals and their houses of worship, based solely on their religion or the color of their skin. Together with our colleagues in the Civil Rights Division and the Joint Terrorism Task Force, this office will continue to work every day to identify individuals like him and bring them swiftly to justice.”

“The FBI and our partners simply won’t tolerate crimes spurred by hate, which are meant to intimidate and isolate the groups targeted,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “People of all races and faiths deserve to feel safe in their communities. Richard Tobin encouraged others to victimize innocent people, in furtherance of his abhorrent white supremacist beliefs. While we all have the right to believe whatever we want, when those views lead to violence, that’s a different and dangerous story.”

According to documents filed in this case and statements made in court:

Tobin admitted that from Sept. 15 to Sept. 23, 2019, he was a member of a white supremacist group, “The Base,” and during that time, he communicated online with other members and directed them to destroy and vandalize properties affiliated with African Americans and Jewish Americans. Tobin dubbed this coordinated attack “Kristallnacht,” or “Night of Broken Glass,” after an attack in Germany on Nov. 9 and 10, 1938, in which Nazis murdered Jewish people and burned and destroyed Jewish homes, synagogues, stores and schools. Tobin implored members of The Base to post propaganda flyers and to break windows and slash tires belonging to African Americans and Jewish Americans. On Sept. 21, 2019, members of The Base vandalized synagogues in Racine, Wisconsin, and Hancock, Michigan, by spray painting them with hate symbols. 

A conspirator, Yousef Omar Barasneh, previously pleaded guilty to conspiracy against rights in federal court in the Eastern District of Wisconsin, for his role in vandalizing the synagogue in Racine, Wisconsin.   

The conspiracy charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense, whichever is greater.

The government is represented by Assistant U.S. Attorney Kristen M. Harberg of the U.S. Attorney’s Office in Camden and Trial Attorney Eric Peffley of the Civil Rights Division, Criminal Section.

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Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Brandon Quinata, age 37, from Umatac, Guam, was sentenced in the United States District Court of Guam to 57 months imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride, a Schedule II controlled substance in violation of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(A)(viii).   The Court also ordered 3 years of supervised release following imprisonment, 50 hours of community service, and a mandatory $100 special assessment fee.   In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

In February 2018, Quinata agreed with others to distribute methamphetamine.  Two packages were mailed from Las Vegas to Quinata and another individual on Guam.  Prior to delivery, law enforcement intercepted the packages, removed the methamphetamine, replaced it with a sham substance.  The controlled delivery of the packages was conducted, a week later Quinata was interviewed and confessed to the crime.  The combined weight of the drugs was approximately 223 grams, with a purity of 98%.  

U.S. Attorney Anderson stated, “As revealed in this case, substantial quantities of drugs continue to be sent through our mail system.  Federal law enforcement will remain vigilant in combating this activity.  Traffickers can expect substantial terms of imprisonment because of our prosecutions.”

This was a joint investigation by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Stephen F. Leon Guerrero, Assistant United States Attorney in the District of Guam.

ALBUQUERQUE, N.M. – Stephen Reano, 22, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, was sentenced in federal court on Feb. 23 to three years and four months in prison, three years of supervised release and 50 hours of community service for an assault on federal officers.

            Reano pleaded guilty on Oct. 30, 2020. In the plea agreement, Reano admitted that on June 11, 2020, he was carrying a rifle in the village area of Santo Domingo Pueblo in Sandoval County. Bureau of Indian Affairs patrol officers, responding to calls about an armed individual, located him standing near a utility pole beneath a street light in the village. Reano pointed his rifle at one officer, then at another officer when the second officer used the patrol unit’s public address system to order Reano to put down his weapon. Reano was shot in the shoulder after repeatedly ignoring the officers’ commands. He was treated for his injuries and remained in custody pending his plea and sentencing. At the time of the incident, both federal officers were engaged in the performance of their official duties.

            The Albuquerque office of the FBI investigated this case.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

ALBUQUERQUE, N.M. – Stephen Reano, 22, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, was sentenced in federal court on Feb. 23 to three years and four months in prison, three years of supervised release and 50 hours of community service for an assault on federal officers.

            Reano pleaded guilty on Oct. 30, 2020. In the plea agreement, Reano admitted that on June 11, 2020, he was carrying a rifle in the village area of Santo Domingo Pueblo in Sandoval County. Bureau of Indian Affairs patrol officers, responding to calls about an armed individual, located him standing near a utility pole beneath a street light in the village. Reano pointed his rifle at one officer, then at another officer when the second officer used the patrol unit’s public address system to order Reano to put down his weapon. Reano was shot in the shoulder after repeatedly ignoring the officers’ commands. He was treated for his injuries and remained in custody pending his plea and sentencing. At the time of the incident, both federal officers were engaged in the performance of their official duties.

             The Albuquerque office of the FBI investigated this case.  Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.

WASHINGTON – A former contractor with the U.S. Air Force pleaded guilty in the U.S. District Court, Southern District of Ohio today to illegally taking approximately 2,500 pages of classified documents. 

Izaak Vincent Kemp, 35, of Fairborn, was charged on Jan. 25, 2021, by a Bill of Information.

According to court documents, Kemp was employed as a contractor at the Air Force Research Laboratory (AFRL) from July 2016 to May 2019, and later as a contractor at the U.S. Air Force National Air and Space Intelligence Center (NASIC). While working at AFRL and NASIC – both located on Wright-Patterson Air Force Base in Fairborn – Kemp had Top Secret security clearance.

Despite having training on various occasions on how to safeguard classified material, Kemp took 112 classified documents and retained them at his home.

Law enforcement discovered the documents which contained approximately 2,500 pages of material classified at the Secret level, while executing a search warrant at Kemp’s home on May 25, 2019.

Unauthorized removal or retention of classified documents is a federal crime punishable by up to five years in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

John C. Demers, Assistant Attorney General for the National Security Division of the Department of Justice; David M. DeVillers, U.S. Attorney for the Southern District of Ohio; Chris Hoffman, Special Agent in Charge of the FBI Cincinnati Division; the Air Force Office of Special Investigations; and Fairborn Police Chief Terry Bennington announced the plea entered into today before U.S. District Judge Walter H. Rice. The Department of Justice’s Deputy Criminal Chief Dominick S. Gerace and Trial Attorney Matthew J. McKenzie of the National Security Division are representing the United States in this case.

Prince Bixler, 41, of Lexington, Kentucky, was sentenced today by U.S. District Court Judge Robert E. Wier to 36 years in prison followed by 10 years of supervised release and ordered to pay $333,100 in restitution to three sex trafficking victims.

In September 2020, a federal jury convicted Bixler of 15 federal felonies related to his extensive and violent sex and drug trafficking operation that forced young, drug-addicted women to prostitute and sell crack cocaine, heroin, and methamphetamines throughout the Lexington area. Specifically, the jury convicted Bixler of three counts of sex trafficking by force, fraud, or coercion, two counts of tampering with a witness, victim or an informant, one count of operating an unlawful prostitution business enterprise, six counts of distributing controlled substances including crack cocaine, heroin, and methamphetamine, and three counts of being a felon in possession with a firearm.

“Prince Bixler cruelly used violence to create a climate of fear to coerce his victims, while at the same time he increased their dependence on him by exploiting and furthering their serious drug addictions,” said Principal Deputy Assistant Attorney General Pam Karlan. “Human trafficking shatters the lives of those it impacts, leaving lasting physical and mental scars. There can be no place in our society for this conduct and I hope that today’s sentence brings some measure of justice to the victims while it also prevents Prince Bixler from harming others in the future.”

“Prince Bixler preyed on vulnerable women, to operate a prostitution enterprise and sell illegal drugs in our community,” said Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “His conduct caused enduring physical and emotional damage to these women, and further spread the devastation of highly addictive and dangerous drugs. We will continue to do our part in identifying, prosecuting, and punishing those who engage in human trafficking. The despicable conduct in this case justifies those efforts, and certainly warrants the punishment the Court has imposed.” 

“Mr. Bixler was simply a predator in our community. This sentencing is a success in the fight against those who exploit the vulnerable and illustrates our dedication to bring these criminals to justice,” said Special Agent in Charge James “Robert” Brown Jr., FBI Louisville Field Office. “We are also grateful to our law enforcement partners, especially the ATF, the Lexington Police Department, the Justice Department's Civil Rights Division, and the Eastern District of Kentucky’s U.S. Attorney’s Office for their unwavering efforts not only in this investigation, but in our continued fight to disrupt and dismantle human trafficking networks throughout the region.”

“Prince Bixler exploited women with physical violence and drugs while peddling illicit and deadly narcotics throughout the Lexington community,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge R. Shawn Morrow of the Louisville Field Division. “Frequently these felons use firearms to further their violent, criminal activities. ATF is committed to investigating and arresting these felons and finding justice for their known and unknown victims.”

Evidence presented at trial, including the testimony of three victims, established that defendant Prince Bixler compelled three victims into prostitution between 2013 and March 2018 by physically assaulting them and others to create a climate of fear and intimidation. He exploited their dependence on crack cocaine or heroin, using it to worsen their addictions and to keep them around him. The defendant also sold crack cocaine, heroin, and methamphetamine throughout the Lexington area to numerous customers. When the Lexington Police Department executed a search warrant at the defendant’s residence in March 2018, they recovered numerous firearms. The defendant, a convicted felon, was prohibited from possessing these and other firearms.

As the investigation into the defendant’s illegal conduct continued throughout 2018 into 2019, he became aware that multiple potential witnesses were subpoenaed to testify before a federal grand jury in Lexington. The defendant threatened one witness with physical violence in an attempt to dissuade her from testifying truthfully before the grand jury. The defendant also repeatedly called and harassed another witness on the eve of her scheduled grand jury appearance in an attempt to prevent her from testifying truthfully before the grand jury.

Principal Deputy Assistant Attorney General Pam Karlan for the Department of Justice’s Civil Rights Division; Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; James Robert Brown Jr., Special Agent in Charge, FBI Louisville Field Office; R. Shawn Marrow, Special Agent in Charge, ATF, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence. This case was investigated by the Lexington FBI office, the Lexington ATF office, and the Lexington Police Department. It was prosecuted by Assistant U.S. Attorney Hydee Hawkins for the Eastern District of Kentucky and Special Litigation Counsel Matthew Grady for the Civil Rights Division’s Human Trafficking Prosecution Unit.