FEDERAL DISTRICT ARCHIVE
District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
American Contractor Sentenced to Prison for Theft of Government Equipment on U.S. Military Base in AfghanistanRead the Press Release
An American military contractor was sentenced today to more than three years in prison for his role in a theft ring on a military installation in Kandahar, Afghanistan.
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, and Special Inspector General for Afghanistan Reconstruction (SIGAR) John F. Sopko made the announcement.
Larry J. Green, 43, of Chesapeake, Virginia was sentenced before U.S. District Judge Arenda L. Wright Allen to 41 months imprisonment to be followed by two months of supervised release, and ordered to pay restitution in the amount of $179,708. In July 2020, Green pleaded guilty to one count of conspiracy to defraud the United States and commit theft of property of value to the United States worth over $300,000; one count of theft of property of value to the United States; and one count of aiding and abetting the submission of false statements.
Green admitted that, between April 2015 and July 2015, he and others conspired to and did steal property of value to the United States including generators and a truck. Green negotiated the sale of the stolen property with a third-country national middleman, who facilitated the sale of the items to unknown persons in Kandahar, Afghanistan. Green admitted that, in order to effectuate the theft of the generators, he aided and abetted one of his co-conspirators, Varita Quincy, a security badging and escort pass supervisor, in the creation of false official documents.
The false official documents facilitated both the entry of unknown and unvetted Afghan nationals and their vehicles onto the military installation and effectuated the removal of the stolen property from the installation. The falsified documents were used to deceive security officers and gate guards and compromised the security of U.S. military and civilian personnel on the military installation. Quincy pleaded guilty to similar charges on Oct. 13, 2020.
Sentencing for Varita Quincy is set for Feb. 23, 2021.
SIGAR investigated the case with help from Army Criminal Investigation Command (CID) and the 939th Military Police Detachment of the Indiana Army National Guard. Trial Attorneys Sasha N. Rutizer of the Criminal Division’s Human Rights and Special Prosecutions Section, Rosaleen O’Gara of the Criminal Division’s Public Integrity Section, and Assistant U.S. Attorney Joseph Kosky of the Eastern District of Virginia are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Separate and Unrelated Indictments Charge Individuals in Connection with Business Email Compromise Fraud SchemesRead the Press Release
BIRMINGHAM, Ala. – Prim F. Escalona, the United States Attorney for the Northern District of Alabama, and Johnnie Sharp, Jr. the Special Agent in Charge of the Birmingham Field Office of the Federal Bureau of Investigation (“FBI”), announced two indictments against four defendants charged for their roles in separate and unrelated business email compromise fraud schemes.
On November 17, 2020 a federal grand jury indicted Oyedele Aro Benjamin, 26, of Chicago, Illinois, and Adetona Lala, 37, of Country Club Hills, Illinois, with conspiracy to commit wire and bank fraud, wire fraud, bank fraud, aggravated identity theft, and conspiracy to commit money laundering. The indictment alleges that from September 2018 to May 2019, Benjamin and Lala were part of an international criminal conspiracy that targeted companies throughout the United States of America with business email compromise schemes. Members of the conspiracy tricked and deceived victims into sending payments for legitimate business services to bank accounts that were controlled by the defendants and used for money laundering. The defendants executed this fraudulent scheme by, among other things, using fake names, false identity documents, and shell companies to open bank accounts used to receive fraud proceeds and then to launder those funds. The charges of conspiracy to commit bank fraud and bank fraud each carry a maximum penalty of 30 years in prison. The charges of conspiracy to commit wire fraud, wire fraud and conspiracy to commit money laundering each carry a maximum penalty of 20 years in prison. Benjamin and Lala are also charged with one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.
The FBI investigated the case, with assistance from the U.S. Attorney’s Office for the Northern District of Illinois and former Assistant United States Attorney Jonathan Keim. Assistant United States Attorneys Edward J. Canter and Catherine L. Crosby are prosecuting the case.
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On November 17, 2020, a federal grand jury indicted Ohimai Asikhia, 36, of Glassboro, New Jersey, and Paulinus Ebhodaghe, 39, of Clementon, New Jersey with conspiracy to commit money laundering. The indictment alleges that from June 2018 through November 2018, Asikhia and Ebhodaghe conspired to launder the proceeds of various fraud schemes, including business email compromise fraud schemes and online romance scams. If convicted Asikhia and Ebhodage face a maximum penalty 20 years in prison and a fine of $500,000 or both for conspiracy to commit money laundering.
The FBI investigated the case, with assistance from the U.S. Attorney’s Office for the District of New Jersey and former Assistant United States Attorney Jonathan Keim. Assistant United States Attorney Edward J. Canter is prosecuting the case.
The charges contained in the indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
President of Commercial Flooring Company Pleads Guilty to Rigging Bids in Violation of Federal Antitrust LawsRead the Press Release
Delmar E. Church Jr., the president and one of the principal owners of a Chicago-area commercial flooring company, pleaded guilty for his role in a conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced. The defendant is cooperating with the department’s ongoing investigation.
According to the plea agreement filed in the U.S. District Court in Chicago, Illinois, from at least as early as 2009 until at least June 22, 2017, Church engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by agreeing with other individuals and companies to submit complementary bids so the designated company would win the bid. Church’s plea is the sixth plea in the investigation.
“American businesses and institutions deserve the benefits of competition when soliciting bids for commercial construction services and products,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The recent guilty plea — a plea from the highest-ranking executive to date — marks the continued progress of and latest milestone in this investigation. The Antitrust Division and its law enforcement partners are committed to holding responsible the most-senior culpable individuals that engage in and direct harmful bid rigging conspiracies.”
“Competition in the marketplace helps level the playing field for both businesses and consumers,” said Special Agent in Charge Emmerson Buie Jr. of the Federal Bureau of Investigation’s Chicago Field Office. “This guilty plea serves as a warning to bid riggers and price fixers that the FBI and its partners will hold them accountable for their crimes.”
Violations of the Sherman Act carry a maximum penalty of 10 years in prison and a $1 million criminal fine for individuals. The maximum fine may be increased to twice the gain derived from or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
The guilty plea is the result of an ongoing federal antitrust investigation into bid rigging, price fixing, and other anticompetitive conduct in the commercial flooring industry being conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Office. Anyone with information on bid rigging, price fixing, or other anticompetitive conduct related to the commercial flooring industry should contact the Antitrust Division’s Chicago Office at 312-984-7200 or Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Justice Department Signs Antitrust Memorandum of Understanding with Korean Prosecution ServiceRead the Press Release
Yesterday, the Department of Justice signed an antitrust Memorandum of Understanding (MOU) with the Korean Prosecution Service (KPS). The MOU is designed to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries.
Assistant Attorney General Makan Delrahim of the U.S. Department of Justice’s Antitrust Division signed the MOU in a virtual ceremony with Prosecutor General Yoon Seok-Youl of the KPS, who was in Seoul, South Korea. The MOU went into effect upon signature.
“This memorandum of understanding recognizes the increasing importance of criminal antitrust enforcement in South Korea, and the prioritization of both countries to detect and punish illegal cartel activity,” said Assistant Attorney General Delrahim. “The KPS has become a close enforcement partner in recent years, and this MOU provides a foundation for even greater cooperation and coordination.”
Highlights of the MOU include the following:
- a shared commitment to consider both parties’ enforcement objectives and important interests when conducting enforcement activities;
- a commitment of both parties to exchange experiences on the enforcement of their criminal cartel laws and engage in shared trainings and other technical assistance initiatives; and
- an obligation to maintain the confidentiality of any information provided by the other party and honor prohibitions on sharing information when not permitted by law.
The United States has a close trading and military partnership with South Korea. The KPS has taken on a more prominent role in criminal antitrust enforcement in South Korea, and the MOU is intended to further strengthen the relationship between the two law enforcement partners as they work together to root out harmful collusive conduct that affects consumers in both countries.
The MOU with the KPS closely resembles an earlier MOU the Department of Justice reached with the Korea Fair Trade Commission in 2015.
Assistant Attorney General Delrahim’s remarks at the signing ceremony of the MOU is available at https://www.justice.gov/opa/speech/assistant-attorney-general-makan-delrahim-delivers-remarks-virtual-mou-signing-ceremony.
Judge sentences St. Louis County man for drug and firearm offensesRead the Press Release
ST. LOUIS, MO – United States District Judge Catherine D. Perry sentenced Dajuan Hall, Jr. to 132 months in prison today. The 28-year-old Hazelwood, Missouri resident pleaded guilty to several drug and firearms offenses, along with being a felon in possession of a firearm.
On July 14, 2018, Hazelwood Police answered a call for ‘shots fired’ at Knollwood Apartments and learned someone left the area with an AK-47-type assault rifle. Police discovered a gunshot victim bleeding heavily from the chest. In searching the area for witnesses and other possible victims, police made contact with Hall, Jr., and another person who lived in one of the units.
Witnesses told police they heard an argument at the time of the shooting come from inside the unit. Hall was not cooperative, denied anyone else was in the unit and denied any knowledge of the shooting. Police detained Hall after confirming he had active warrants for his arrest. Lawful police searches of the unit revealed two people in a back room and various firearms, ammunition and drug evidence, including: two loaded pistols; three loaded assault rifles; a box of .48 caliber ammo; .38 caliber rounds; a .40 caliber 50-round capacity drum magazine; an extended magazine with 10 .45 caliber rounds and a box of .223 ammo (79 rounds); a revolver; a rifle; boxes of rifle ammunition; fentanyl; synthetic fentanyl; heroin; marijuana. Hall also possessed 264 capsules of Dormin, an ingredient used to “cut” controlled substances as well as other drug distribution paraphernalia and ten cellphones.
On August 23, 2018, investigators with St. Louis County Police Narcotics Unit and FBI agents executed another search warrant at Hall’s new residence in St. Louis County. Hall was present when police found a clear plastic bag containing an off-white powder, which Hall admitted was fentanyl that he was selling.
On September 6, 2018, an undercover detective bought fentanyl from a member of “Crew B.” The detective exchanged $60 with the drug seller in a vehicle driven by Hall. Police tried making an arrest, but Hall and the passenger ran. Police eventually took both into custody and searched the vehicle, which contained a pistol, drugs and phones.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Hazelwood Police Department, Major Case Squad and St. Louis County Police Department investigated this case. Assistant United States Attorney Paul D’Agrosa is handling the case.
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Federal Search Warrants ExecutedRead the Press Release
DES MOINES, Iowa -- On Wednesday, November 18, 2020, federal search warrants were executed at the following locations in the Des Moines metropolitan area:
- 2000 block of Lay Street, Des Moines
- 1100 block of 21st Street, Des Moines
- 3000 block of Woodland Avenue, Des Moines
- 2400 block of Prospect Road, Des Moines
- 2200 block of Forest Avenue, Des Moines
- 1800 block of Glenbrook Drive, Des Moines
- 900 block of East Ovid Avenue, Des Moines
- 2300 block of East 39th Street, Des Moines
- 1100 block of 19th Street, Des Moines
- 100 block of Loomis Avenue, Des Moines
- 800 block of Payton Avenue, Des Moines
- 1600 block of Des Moines Street, Des Moines
- 1600 block of Hull Avenue, Des Moines
- 900 block of East Lacona Avenue, Des Moines
- 2100 block of East 13th Street, Des Moines
- 1500 block of University Avenue, Des Moines
- 2800 block of Fleur Drive, Des Moines
- 2200 block of 68th Street, Windsor Heights
- 500 block of Grandview Avenue, Des Moines
- 700 block of 13th Street, West Des Moines
- 1900 block of Martin Luther King, Jr. Parkway, Des Moines
- 2900 block of East 36th Street, Des Moines
- 4600 block of Hubbell Avenue, Des Moines
- 6500 block of Chaffee Road, Des Moines
- 2600 block of Northwest 165th Lane, Clive
- 500 block of Pleasant View Drive, Des Moines
- 2600 block of East Sheridan Avenue, Des Moines
- 2000 block of 63rd Street, Windsor Heights
- 1500 block of 20th Place, Des Moines
- 700 block of 27th Street, Des Moines
- 3000 block of Southeast 19th Street, Des Moines
- 6200 block of Southeast 5th Street, Des Moines
- 1500 block of 13th Street, Des Moines
- 1400 block of Merle Hay Road, Des Moines
- 3200 block of Cornell Street, Des Moines
- 1100 block of Clark Street, Des Moines
- 1000 block of 13th Street, Des Moines
- 2400 block of Hickman Road, Des Moines
- 1900 block of King Avenue, Des Moines
- 1400 block of Richmond Avenue, Des Moines
- 200 block of East Edison Avenue, Des Moines
- 600 block of 2nd Street, Waukee
- 1500 block of Greene Street, Adel
The searches at these locations were an official law enforcement action involving officers, agents, and investigators from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Des Moines Police Department (DMPD); Iowa Division of Narcotics Enforcement (DNE); Iowa State Patrol (ISP); Mid-Iowa Narcotics Enforcement Task Force (MINE); Tri-County Task Force; Central Iowa Drug Task Force (CIDTF); Mid-Iowa Drug Task Force (MIDTF); Iowa Department of Criminal Investigation (DCI); Federal Bureau of Investigation (FBI); Internal Revenue Service – Criminal Investigations (IRS-CI); Homeland Security Investigations (HIS); Altoona Police Department; West Des Moines Police Department; Urbandale Police Department; Marshalltown Police Department; Dallas County Sheriff’s Office; and Iowa State Fire Marshal.
Building Border Security Capacity in Southeast Asia:Read the Press Release
In cooperation with the U.S. Department of State, INTERPOL Washington, the United States National Central Bureau (USNCB), has implemented a new web-based platform designed to promote awareness of, and participation in, Project TERMINUS among law enforcement and border security authorities in the Southeast Asian Region.
Developed by the USNCB and funded by the State Department, Project TERMINUS makes expert technical assistance available to countries seeking to integrate access to INTERPOL’s Stolen and Lost Travel Documents Database (SLTD) into their national border security information sharing systems to help screen against the illicit international travel of transnational criminals and terrorists.
Originally to have been presented by the USNCB during the 2020 Southeast Asian Workshop on Border Security and Law Enforcement Cooperation – which was cancelled due to the global pandemic – the U.S. content has instead been made available to participating border security authorities via a controlled access website comprised of a series of videos that provide technical and programmatic information about the TERMINUS initiative. Each video is supported by a written transcript of the speakers’ remarks, to assist partner countries in translating the content.
Featured speakers include USNCB Director Uttam Dhillon and Mr. Sam Pineda, Director of Programs in the State Department’s Bureau of Counterterrorism. “INTERPOL Washington is pleased to continue this important collaboration with our State Department partners. This whole-of-government approach to providing assistance to Southeast Asian and African nations will contribute to the overall U.S. effort to thwart the international travel of transnational criminals,” said Dhillon.
Since 2017, U.S. capacity building efforts in the Southeast Asian region conducted under Project TERMINUS and its predecessor programs have resulted in:
- More than 70 million international passengers being screened against INTERPOL data.
- More than 680,000 identity and travel documents being automatically uploaded into INTERPOL’s SLTD database, using a computer application developed by the USNCB, and
- More than 50 air, land, and sea-port facilities now actively screening all inbound and outbound international passengers against INTERPOL’s databases.
The TERMINUS web site also provides information regarding the USNCB’s recent collaboration with the Nigeria Immigration Service (NIS), in which the USNCB-developed WISDM Uploader was installed remotely by the USNCB, enabling NIS to automatically upload more than 147,000 records of stolen and lost Nigerian travel and identity documents into the SLTD system in less than two hours.
The Project TERMINUS overview video is available here. The transcript of the video is here: project_terminus_opening_video_transcript.pdf
A component of the U.S. Department of Justice, INTERPOL Washington, the U.S. National Central Bureau (USNCB), is the designated United States representative to INTERPOL on behalf of the Attorney General. It serves as the national point of contact and coordination 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.
Statement from Acting Solicitor General Jeffrey B. Wall on the Passing of Former Solicitor General Drew S. Days IIIRead the Press Release
Today, Acting Solicitor General Jeffrey B. Wall issued the following statement on the passing of former Solicitor General Drew S. Days III:
“We are saddened to learn of the passing yesterday of former Solicitor General Drew Days. As Solicitor General from 1993 to 1996, Drew Days was a distinguished advocate for the United States before the Supreme Court, a wise leader for this office, and a cherished colleague. His career outside the office was no less remarkable. He was a trailblazing civil-rights litigator for the NAACP Legal Defense Fund, the respected head of the Justice Department’s Civil Rights Division, and a beloved professor at Yale Law School for many decades. His colleagues at the Solicitor General’s Office will remember Drew as a kind and gentle soul with a firm commitment to principle. We offer our deepest condolences to his family and join the legal community in mourning his passing.”
OECD Working Group on Bribery Issues Report Commending United States for Maintaining Leading Role in the Fight Against Transnational CorruptionRead the Press Release
The Working Group on Bribery of the Organisation for Economic Co-operation and Development (OECD Working Group) issued its Phase 4 Report of the United States today, announced the U.S. Departments of Justice, Commerce, State, and the Securities and Exchange Commission (SEC).
The Phase 4 Report is part of the OECD Working Group’s peer monitoring process and focuses primarily on the United States’ enforcement of its foreign bribery statute, the Foreign Corrupt Practices Act (FCPA), and was issued following a year-long review that included a series of interviews with government, private sector, academic, and civil society experts. In releasing the report, the 44-country OECD Working Group applauded the United States for its sustained and outstanding commitment to enforcing its foreign bribery laws.
The report highlights the United States’ increasing foreign bribery enforcement level since the OECD Working Group’s Phase 3 Report in 2010. As provided in the Phase 4 Report, between September 2010 and July 2019, through the Justice Department and the SEC’s efforts, the United States convicted or sanctioned 174 companies and 115 individuals for foreign bribery and related offences under the FCPA. The report indicates that this achievement resulted from a combination of enhanced expertise and resources to investigate and prosecute foreign bribery, the enforcement of a broad range of offences in foreign bribery cases, the effective use of non-trial resolution mechanisms, and the development of published policies to incentivize companies’ cooperation with law enforcement agencies.
Established in 1994, the OECD Working Group is responsible for monitoring the implementation and enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the 2009 Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions, and related instruments. Made up of representatives from the 44 countries that are signatories to the OECD Convention, the OECD Working Group meets four times per year, conducts peer-review country monitoring in successive phases, and publishes all of its country monitoring reports online. The OECD Working Group has been instrumental in leading global efforts to fight bribery of foreign officials. Further, the OECD Working Group’s law enforcement officers’ meetings serve an important role in fostering contacts between global law enforcement officials who focus on foreign bribery matters.
The full Phase 4 Report of the United States can be found at: /media/1105316/dl?inline.
The Fraud Section is responsible for investigating and prosecuting all criminal FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Joint Statement by Attorney General of the United States William P. Barr and Fiscalía General of Mexico Alejandro Gertz ManeroRead the Press Release
Attorney General of the United States William P. Barr and Fiscalía General of Mexico Alejandro Gertz Manero issued today the following statement:
“On Oct. 15, 2020, former Mexican Secretary of National Defense General Salvador Cienfuegos Zepeda was arrested in Los Angeles, California, on U.S. charges of conspiracy to manufacture, import, and distribute narcotics into the United States and money laundering.
“The Mexican Fiscalía General de la República, upon learning of the arrest and U.S. charges against General Cienfuegos, opened its own investigation.
“In recognition of the strong law enforcement partnership between Mexico and the United States, and in the interests of demonstrating our united front against all forms of criminality, the U.S. Department of Justice has made the decision to seek dismissal of the U.S. criminal charges against former Secretary Cienfuegos, so that he may be investigated and, if appropriate, charged, under Mexican law.
“At the request of the Fiscalía General de la República, the U.S. Department of Justice, under the Treaty that governs the sharing of evidence, has provided Mexico evidence in this case and commits to continued cooperation, within that framework, to support the investigation by Mexican authorities.
“Our two countries remain committed to cooperation on this matter, as well as all our bilateral law enforcement cooperation. As the decision today reflects, we are stronger when we work together and respect the sovereignty of our nations and their institutions. This close partnership increases the security of the citizens of both our countries.”
The China Initiative: Year-in-Review (2019-20)Read the Press Release
On the two-year anniversary of the Attorney General’s China Initiative, the Department continues its significant focus on the Initiative’s goals and announced substantial progress during the past year in disrupting and deterring the wide range of national security threats posed by the policies and practices of the People’s Republic of China (PRC) government.
"In the last year, the Department has made incredible strides in countering the systemic efforts by the PRC to enhance its economic and military strength at America’s expense," said Attorney General William P. Barr. "While much work remains to be done, the Department is committed to holding to account those who would steal, or otherwise illicitly obtain, the U.S. intellectual capital that will propel the future."
"The Chinese Communist Party’s theft of sensitive information and technology isn't a rumor or a baseless accusation. It’s very real, and it’s part of a coordinated campaign by the Chinese government, which the China Initiative is helping to disrupt," said FBI Director Christopher Wray. "The FBI opens a new China-related counterintelligence case nearly every 10 hours and we’ll continue our aggressive efforts to counter China’s criminal activity."
Established in November 2018, the Initiative identified a number of goals for the Department, ranging from increased focus on the investigation and prosecution of trade secret theft and economic espionage, to better countering threats posed by Chinese foreign investment and supply chain vulnerabilities.
Prioritize investigations of economic espionage and trade secret theft
The Initiative prioritizes use of the Department’s core tool, criminal investigation and prosecution, to counter economic espionage and other forms of trade secret theft. In the past year, the Department charged three economic espionage cases (in which the trade secret theft was intended to benefit the Chinese government), bringing the total to five since the China Initiative was first announced. Overall, since the Initiative was announced, we have charged more than 10 cases in which the trade secret theft had some alleged nexus to China, and we obtained guilty pleas of three defendants in those cases over the past year.
To take one example, the Department announced the China Initiative on the same day that it unsealed criminal charges against United Microelectronics (UMC), the Chinese state-owned enterprise Fujian Jinhua, and several individual defendants, for economic espionage that victimized Micron Technology, Inc., a leading U.S. semiconductor company.
"The United Microelectronics case is a glaring example of the PRC’s ‘rob, replicate, and replace’ strategy, in which it robs a U.S. institution of its intellectual capital, replicates the stolen technology, and then endeavors to replace the U.S. institution on the Chinese and then the global market," said John Demers, Assistant Attorney General for National Security. "Thanks to the dedication and diligence of prosecutors and FBI agents, UMC pleaded guilty to criminal trade secret theft and agreed to pay a fine of $60 million, the second largest fine in a trade secret case, and to cooperate in the pending prosecution of its co-defendants."
The National Counterintelligence Task Force, co-led by the FBI, launched its first major campaign in 2020, devoted to protecting U.S. technology and research from the Chinese government and its proxies. This is a further step in the FBI’s and Department’s efforts to enlist all appropriate partners in ensuring integrity in government-funded programs and defeating economic espionage and theft of trade secrets.
Develop an enforcement strategy for non-traditional collectors
At the outset, the Department identified academia as one of our most vulnerable sectors, because its traditions of openness, and the importance of international exchanges to the free flow of ideas, leave it vulnerable to PRC exploitation. The Department has pursued a two-pronged strategy of raising awareness on campuses of the threats posed by China (and the importance of implementing a security program to detect them) and prosecuting researchers who have deliberately deceived authorities about their ties to China, which deprives institutions of the ability to screen for conflicts of interest and commitment, or otherwise exploited their access.
For example, the PRC has used talent programs to encourage the transfer of technical expertise from the United States, and elsewhere in the world, to benefit the PRC’s economic and military development. Talent recruits generally sign contracts with the PRC sponsor-entity that obligate them to produce scientific outputs; to publish the results of their work in the name of the PRC beneficiary; to allow the PRC beneficiary to assert intellectual property rights over their outputs; and to recruit other researchers into the programs, among other obligations.
In exchange, the talent recruits may receive lucrative compensation packages, prestigious titles, and custom-built laboratories.
“While membership in these talent programs is not per se illegal, and the research itself may not always be protected as a trade secret, we know the PRC uses these plans, such as the well-known Thousand Talents Program, as a vehicle to recruit individuals with access to U.S. government-funded research to work in the interest of the Chinese Communist Party,” said Adam S. Hickey, Deputy Assistant Attorney General, National Security Division.
The Initiative brings together resources from across the Department, including the National Security, Criminal, Tax, and the Civil Divisions to address this unique challenge fairly and effectively. In the past year, Department prosecutors have brought fraud, false statements, tax, smuggling and other charges against ten academics affiliated with research institutions across the country. To date, prosecutors have obtained convictions in three of those cases.
This year, the FBI and Department prosecutors also exposed six individuals, studying in the United States, found to be connected to People’s Liberation Army military institutes, who concealed their affiliations from the State Department when applying for research visas to study at U.S. universities. In one of those cases, the Department alleged that a PLA officer was being tasked by superiors in the PRC to obtain information that would benefit PLA operations. In another case, a PLA medical researcher stands accused of following orders to observe lab operations at a U.S. university, which received funding from the U.S. government, in order to replicate those operations in the PRC.
In each of the cases, the defendants are accused of concealing their PLA affiliations in order to obtain visas that allowed them to travel to the United States. After the FBI conducted interviews this summer that led to charges in those cases and the State Department closed the PRC’s Houston Consulate, a large number of undeclared, PLA-affiliated Chinese researchers fled the United States.
Those six examples are just part of the interagency effort to protect academia and taxpayer-funded research. The FBI and Department have been collaborating with federal grant-making agencies, the Joint Committee on the Research Environment, the major academic associations, the Academic Security and Counter Exploitation working group, and other appropriate entities, as well as hundreds of individual universities nationwide.
Counter malicious cyber activity
The Department continues to expose and disrupt efforts by the PRC government to steal our intellectual property and our personally identifiable information (PII) through computer intrusions. During the past year, we charged hackers working for the People’s Liberation Army with the 2017 Equifax intrusion and others associated with the Ministry of State Security (MSS) in relation to global computer intrusion campaigns targeting biomedical companies conducting COVID-19-related research, engineering firms, and software makers. One such MSS case resulted in the arrest of two conspirators in Malaysia. Two of these cases highlighted China’s development into a safe harbor for criminal hackers who also work for the PRC. The Department disrupted these cyber threats in coordination with the private sector, using legal process to seize control of hacking infrastructure while the private sector removed other infrastructure from their platforms.
In May, the FBI, in conjunction with the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, also issued a public announcement to raise awareness of the threat to COVID-19 research by PRC-affiliated cyber actors and offer advice on better protecting that research from thefts.
Counter malign foreign influence
The Department has used the Foreign Agents Registration Act (“FARA”), which requires those acting to influence public policy and opinion on behalf of a foreign individual or entity, to improve transparency and expose China’s foreign influence efforts. Over the past year, the Department opened a record number of FARA investigations overall and doubled the number of new registrants and new foreign principals registering annually as of 2016. That includes obtaining a record number of registrations from Chinese media companies. The Department also notified a registered Chinese media company that its filings were deficient because they failed to fully disclose its activity in the United States and failed to properly label its informational materials. The media entity remedied those deficiencies shortly thereafter.
Through its outreach efforts to universities, the Department has highlighted the need to protect foreign students studying in the United States from coercive efforts by the Communist Party to censor the freedom of thought and expression that all students here should enjoy.
In late 2019, the FBI’s Foreign Influence Task Force formally established a new unit devoted specifically to understanding and defeating the malign foreign influence threat from the Chinese government and its proxies.
Counter foreign intelligence activities
The Department has achieved a number of successes in the last year in countering China’s foreign intelligence activities. China has been targeting former members of the U.S. intelligence community for recruitment, and the Department has been holding accountable individuals who succumb to their efforts. In November 2019, a former CIA case officer was sentenced to 19 years in prison for conspiring to deliver national defense information to the PRC. In August 2020, another former CIA officer who had been tasked by the PRC was arrested on the same charge — the fourth former intelligence officer charged in the last three years for similar conduct.
The Department is particularly focused on disrupting the PRC government from using career networking and social media sites to target Americans, as well as holding those accountable who hide behind fake profiles to co-opt individuals on behalf of the PRC. As one part of this effort, the FBI, in partnership with the National Counterintelligence and Security Center, created an educational film, "The Nevernight Connection," which was released online in September 2020 to educate the public about the Chinese intelligence services’ use of social media to spot and recruit persons of interest, especially current or former security clearance holders.
In March 2020, Xuehua (Edward) Peng was sentenced to 48 months in prison, and ordered to pay a $30,000 fine, for acting as an agent of the PRC’s Ministry of State Security (MSS) in connection with a scheme to conduct pickups known as “dead drops” and transport Secure Digital cards containing classified information from a source in the United States to the MSS operatives in China.
In October 2020, Jun Wei Yeo was sentenced to 14 months in prison for acting within the United States as an agent of the MSS recruiting Americans, including U.S. military and government employees with high-level clearances. Yeo concealed his MSS affiliation from his American targets and used career networking sites and a false consulting firm to lure them to write papers which he ultimately passed to his MSS handlers.
In October 2020, eight defendants were charged with conspiring to act in the United States as illegal agents of the PRC, six of whom also face related charges of conspiring to commit interstate and international stalking. According to the complaint, the defendants participated in an international campaign to threaten, harass, surveil and intimidate a resident of New Jersey and his family in order to force them to return to the PRC as part of an international effort by the PRC government known as "Operation Fox Hunt" and "Operation Skynet."
In furtherance of the operation, the PRC government targets Chinese individuals living in foreign countries that the PRC government alleges have committed crimes under PRC law and seeks to repatriate them to the PRC to face charges, rather than rely upon proper forms of international law enforcement cooperation.
Foreign investment reviews and telecommunications security
Beyond criminal enforcement, the Department worked to protect our national assets from national security risks posed by entities, subject to PRC influence, that seek to invest in U.S. companies or integrate into our supply chains.
In April, the Department assumed the permanent chair of the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by the President through Executive Order (EO), in 2020. This organization, also known as "Team Telecom," is an interagency group that reviews telecommunications, submarine cable landing, wireless, broadcast license, and other applications referred by the Federal Communications Commission (FCC), to identify and address risks to national security and law enforcement. In the first 90 days after the Executive Order, the Department led Team Telecom to resolve more than half of the cases then pending review.
Team Telecom recommended that the FCC revoke and terminate the international telecommunications licenses held by the U.S. subsidiary of a PRC state-owned telecommunications company, China Telecom, the first revocation ever recommended by Team Telecom on national security grounds. Team Telecom also recommended that the FCC partially deny a submarine cable application, to the extent it sought a direct connection between the United States and Hong Kong.
Following the President’s 2019 Executive Order on Securing the Information and Communications Technology and Services Supply Chain, the Department has worked with the Commerce Department to develop regulations implementing the EO and has identified vulnerable areas of critical infrastructure that are ripe for investigation under the EO.
The Department also worked to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), which improved the authorities of the Committee on Foreign Investment in the United States (CFIUS). During the previous year, the Department co-led a record number of significant CFIUS matters, on an annualized basis, including the investigation of the acquisition of a U.S. hotel management software company by a Chinese company, which the President prohibited, for just the sixth time in CFIUS history. Under FIRRMA, the FBI continued to provide analytical assistance to support CFIUS’s decision-making and identify high-risk non-notified transactions.
With its increased resources, NSD has played a significant role in CFIUS enforcement, leading the Committee to assess just the second penalty in its history, for failing to secure sensitive personal data in violation of a 2018 interim CFIUS order. NSD also dedicated personnel to identify transactions of concern that were not voluntarily filed with CFIUS and developed a program to identify bankruptcy cases that could implicate national security concerns. The bankruptcy program helps to protect U.S. assets from predatory acquisitions, including PRC acquisitions that could impact our national security, which is particularly important in light of the economic impact of COVID-19.
Education and outreach
The success of the China Initiative is not measured by criminal cases and administrative actions alone, however. Outreach to businesses and academia is critical to helping America’s national assets better protect themselves. For that reason, the Department disseminated outreach presentations for use by U.S. Attorneys in their Districts, which have been deployed at various events. The FBI sustained its engagement with the private sector through various programs, and it developed and disseminated an innovative Academia Field Guide to support focused outreach by its academic outreach coordinators in all 56 field offices. In the coming year, the Department, through the FBI and U.S. Attorneys’ Offices, will continue to expand our partnerships outside the federal government, because the support of the American people is critical to our success. All of our efforts are on their behalf.
The Attorney General commends the professionals throughout the Department, including those who work at Main Justice, the FBI, and U.S. Attorney’s Offices around the country, who are committed to meeting the goals of the China Initiative and encourage them to redouble their efforts in the upcoming year.
All defendants, in the cases mentioned herein, are presumed innocent until proven guilty beyond a reasonable doubt.
Medicare Advantage Provider to Pay $6.3 Million to Settle False Claims Act AllegationsRead the Press Release
Kaiser Foundation Health Plan of Washington, formerly known as Group Health Cooperative (GHC), agreed to pay $6,375,000 to resolve allegations that it submitted invalid diagnoses to Medicare for Medicare Advantage beneficiaries and received inflated payments from Medicare as a result, the Justice Department announced today. Kaiser Foundation Health Plan is headquartered in Oakland, California.
“The United States relies on Medicare Advantage Organizations to submit accurate diagnosis data to Medicare to ensure that the compensation they receive is appropriate,” said Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “We will continue to pursue those who undermine the integrity of the Medicare program and the data it relies upon.”
“When insurance providers take advantage of Medicare and falsely claim that they are entitled to repayment for unsupported diagnoses, American taxpayers suffer in the form of higher costs,” stated U.S. Attorney James Kennedy, Jr. of the Western District of New York. “We will continue to work to ensure that these programs are not defrauded and that monies are not paid for unwarranted claims.”
Under the Medicare Advantage program, also known as Medicare Part C, Medicare beneficiaries may opt to obtain health care coverage through private insurance plans that are owned and operated by private insurers known as Medicare Advantage Organizations (MAOs). Medicare pays MAOs a fixed, monthly amount to provide health care coverage to Medicare beneficiaries who enroll in their plans. Medicare adjusts these monthly payments to reflect the health status of each beneficiary. In general, Medicare pays MAOs more for sicker beneficiaries and less for healthier ones.
MAOs report beneficiary diagnoses and other information to Medicare on an annual basis and Medicare uses this information to adjust the payments that the MAO receives from Medicare. The settlement resolves allegations that GHC knowingly submitted diagnoses that were not supported by the beneficiaries’ medical records to inflate the payments that it received from Medicare.
The settlement resolves allegations originally brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Teresa Ross, a former employee of Group Health. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. Ms. Ross will receive approximately $1,500,000.
The government’s intervention in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter was handled by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Western District of New York, and the Department of Health and Human Services, Office of Inspector General.
The case is docketed as United States ex rel. Teresa Ross v. Group Health Cooperative, Independent Health Association, Independent Health Corporation, DxID LLC, Elizabeth Gaffney, and John Haughton, M.D., No. 12-CV-0299S (W.D.N.Y.).
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Justice Department Settles with the Commissioner of the Revenue for Caroline County, Virginia to Resolve Disability Discrimination ComplaintRead the Press Release
The Justice Department today announced that it reached an agreement with the Commissioner of the Revenue for Caroline County, Virginia, in his official capacity (the “Commissioner”) to resolve the department’s lawsuit alleging disability discrimination in violation of Title I of the Americans with Disabilities Act (ADA).
The department’s complaint alleges that a former Caroline County Commissioner of the Revenue terminated an employee with a respiratory impairment on the basis of her disability, after almost 24 years of service. According to the complaint, after a period of medical leave, the employee requested to return to work with reasonable accommodations for her speaking and walking restrictions. The complaint alleges that the Commissioner denied the employee’s request and required her to return to work in full-duty capacity; it then fired her when she could not do so.
Title I of the ADA prohibits covered employers from discriminating against qualified individuals on the basis of disability in employment. Discrimination includes failing to provide reasonable accommodations if the accommodations do not pose an undue hardship to the employer. An informal, interactive process may be needed to identify appropriate reasonable accommodations. Reasonable accommodations include acquiring equipment or devices, among other things.
“Reasonable accommodations enable many people with disabilities to work and, as a result, achieve economic self-sufficiency and full participation in the workforce,” said Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division. “The U.S. Department of Justice is committed to ensuring that people with disabilities have an equal opportunity to become and remain employed, so that they can pursue their goals, contribute to their communities, and earn a living.”
Under the agreement, the Commissioner, among other things, will pay $75,000 in back pay and compensatory damages to the former employee. The Commissioner and the Caroline County Human Resources Manager also will attend a presentation on Title I of the ADA.
This matter was based on a referral from the Equal Employment Opportunity Commission’s Norfolk Local Office.
This year marks the 30th Anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Please visit the department’s ADA Anniversary webpage to learn more about the ADA’s history and impact.
To read the settlement agreement, please click here, and to read the complaint, please click here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the Justice Department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Settles with School Board to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with the School Board of Palm Beach County, Florida (the District). The settlement resolves claims that the District discriminated against work-authorized non-U.S. citizen employees by asking them to provide specific and unnecessary documentation showing their legal right to work, because of their immigration status, in violation of the Immigration and Nationality Act (INA).
“Employers must not discriminate against work-authorized non-U.S. citizens due to mistaken assumptions about their immigration status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud the School District of Palm Beach County for working with the Department of Justice to ensure proper implementation of its non-discrimination policy.”
Based on its investigation, the department concluded that the School District requested unnecessary and specific documents from non-U.S. citizens, such as requesting some work-authorized workers to show specific documents in violation of the INA. This included requests for certain individuals to show their Permanent Resident Cards (sometimes known as “green cards”) or Employment Authorization Documents, even though those workers had already shown other documents that proved their work authorization, such as an ID and unrestricted Social Security card.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
Under the terms of the settlement, the District will pay to the United States a civil penalty of $90,000, pay up to $100,000 in back pay to people who lost work due to the unlawful document requests, and train district employees on their legal obligations.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in IER, targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
El Departamento de Justicia Llega a un Acuerdo con una Junta Escolar que Resuelve Acusaciones de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con la Junta Escolar del Condado de Palm Beach, Florida (el Distrito). El acuerdo resuelve acusaciones de que el Distrito había discriminado a empleados no ciudadanos de los EE. UU. que tenían autorización para trabajar en los EE. UU. al pedir que presentasen documentos específicos e innecesarios para demostrar su derecho legal a trabajar, debido a su estatus migratorio, en contra de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).
«Los empleadores no deben discriminar a personas no ciudadanas de los EE. UU. que cuentan con autorización para trabajar a causa de sus supuestos erróneos acerca del estatus migratorio de tales personas», afirmó Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Felicitamos a la Junta Escolar del Condado de Palm Beach por su colaboración con el Departamento de Justicia para garantizar la buena implementación de su política antidiscriminatoria».
Con base en su investigación, el Departamento concluyó que la Junta Escolar había solicitado documentos esepcíficos e innecesarios a no ciudadanos de los EE. UU., como, por ejemplo, pedir a trabajadores con autorización para trabajar que presentasen documentos específicos, en contra de la INA. Esto incluye pedir que ciertos individuos presentasen sus Tarjetas de Residencia Permanente (a veces conocidas como «tarjetas verdes» o «micas») o Documentos de Autorización para Trabajar, aunque esos trabajadores ya habían presentado otros documentos que demostraron su autorización para trabajar, tales como carnéts de identidad y tarjetas de seguro social sin restricciones.
La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Conforme los términos del acuerdo, el Distrito pagará una sanción civil a los Estados Unidos que asciende a 90.000 $, pagará hasta 100.000 $ por concepto de pagos retroactivos a las personas que perdieron trabajo a causa de las solicitudes ilícitas de documentos y capacitará a los empleados del Distrito en cuanto a sus deberes legales.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la IER y señala,investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
New York Businessman Pleads Guilty to Tax EvasionRead the Press Release
A Woodsburgh, New York, businessman pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Richard Zuckerman of the Justice Department’s Tax Division.
According to court documents and statements made in court, Irwin Jacobs, 68, was a 50 percent owner of J K Apparel Sales Co. Inc. and S&I Sales Co. Inc., which collectively operated out of New York, New York. Jacobs also held an ownership interest in Prestige Global Co. Ltd., a Taiwanese company. J K Apparel was the exclusive representative for Prestige Global in the United States.
Between 2006 and 2014, Jacobs received income from these businesses that he did not report to the IRS on his tax returns. Jacobs directed Prestige Global to wire more than $4.4 million to third parties to pay personal expenses for himself and members of his family, including travel, non-business-related legal bills, expenses associated with his personal residence, and personal credit card bills. During the years 2010 through 2014, Jacobs also used an S&I Sales credit card to pay more than $200,000 in personal expenses, including leisure travel for himself and his family, medical and dental bills, non-business legal fees, and household expenses.
Jacobs admitted that his failure to report this additional income caused a tax loss to the IRS of more than $1.3 million.
U.S. District Judge Pamela K. Chen set sentencing for April 7, 2021. Jacobs faces a maximum sentence of five years in prison, as well as supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Melissa Siskind and Kathryn Sparks of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Department of Justice Acts to Stop Sale of “Nano Silver” Product as Treatment for Covid-19Read the Press Release
The United States filed suit to halt the sale by a New Jersey entity of an unapproved “nano silver” product previously touted as a COVID-19 treatment, the Department of Justice announced today.
In a civil complaint for permanent injunction filed November 13, 2020 in U.S. District Court for the District of New Jersey, the United States alleged that Natural Solutions Foundation, Dr. Rima Laibow, and Ralph Fucetola sold and distributed a nano silver product that the defendants claim will cure, mitigate, treat, or prevent COVID-19. Defendants’ nano silver product purportedly contains silver particles in a solution. According to the government’s complaint, nano silver is not generally recognized as safe and effective by qualified experts for the use promoted by the defendants.
“The Department of Justice will not allow individuals to take advantage of the ongoing public health emergency by peddling unproven, unapproved drugs,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will continue to work closely with the Food and Drug Administration to halt the illegal sale of such products during this pandemic.”
“FDA will not hesitate to take strong action to enforce the Federal Food, Drug, and Cosmetic Act and protect the public from the unlawful distribution of products that have not been shown to be safe and effective in treating or preventing COVID-19,” said FDA Chief Counsel Stacy Amin. “Distributors of such products—especially those such as the defendants in this case, who have a history of violating the Act and, despite warning, failed to take prompt voluntary action to sufficiently correct their conduct—place unsuspecting American consumers at risk by offering their unproven products to treat serious diseases like COVID-19.”
The complaint alleges that the defendants introduced an unapproved new drug into interstate commerce, and that the disease claims defendants make lack support from well-controlled clinical studies or other credible scientific substantiation. Additionally, the complaint asserts that, because defendants’ product does not have adequate directions for lay users, the product is misbranded.
On May 19, 2020, FDA issued a joint Warning Letter with the Federal Trade Commission notifying the defendants that they violated the Federal Food, Drug, and Cosmetic Act by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce. According to the complaint, the defendants removed certain claims regarding the nano silver product from their public-facing websites but failed to remove others.
In two other recent actions, the Department of Justice worked with FDA and other partners to halt the sale of silver products touted as COVID-19 treatments. In May, a federal court in the Eastern District of Oklahoma entered a temporary restraining order and then a preliminary injunction against Xephyr LLC, doing business as N-Ergetics, and its owners to stop the distribution of a colloidal silver product the defendants claimed would cure, mitigate, or treat COVID-19. In July, prosecutors obtained an indictment against Utah resident Gordon H. Pedersen alleging that he posed as a doctor to promote an ingestible silver-based product as a COVID-19 cure. In a related case, the company Pedersen previously co-owned, My Doctor Suggests LLC, agreed to plead guilty to a one-count criminal information.
The enforcement action is being prosecuted by Trial Attorney Brianna M. Gardner of the Department of Justice Civil Division’s Consumer Protection Branch, and Deputy Chief of the Government Fraud Section David Dauenheimer of the U.S. Attorney’s Office for the District of New Jersey, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of General Counsel, Department of Health and Human Services.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of New Jersey, visit its website at https://www.justice.gov/usao-nj. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit https://www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov
Statement on DOJ Office of Professional Responsibility Report on Jeffrey Epstein 2006-2008 InvestigationRead the Press Release
The executive summary of a report by the Department of Justice’s Office of Professional Responsibility (OPR) was released today to affected victims. The summary, which is available on the Justice Department website, provides the essential details about the findings of OPR’s investigation into the U.S. Attorney’s Office for the Southern District of Florida’s resolution of its 2006–2008 federal criminal investigation of Jeffrey Epstein and its interactions with victims during the investigation.
While OPR did not find that Department attorneys engaged in professional misconduct, OPR concluded that the victims were not treated with the forthrightness and sensitivity expected by the Department. OPR also concluded that former U.S. Attorney Acosta exercised poor judgment by deciding to resolve the federal investigation through the non-prosecution agreement and when he failed to make certain that the state of Florida intended to and would notify victims identified through the federal investigation about the state plea hearing.
In order to fully respect the rights and dignity of Jeffrey Epstein’s many victims, the Department first invited victims and their legal representatives to be briefed this morning on the report’s contents. The Privacy Act prohibits the Department from releasing the full report publicly, but permits the report to be disclosed upon request to a congressional committee with jurisdiction over the matter, and this has been done.
We salute the courage of survivors as they again are confronted with these horrible crimes and their aftermath. The Department will thoroughly review the report, which will inform our implementation of the Crime Victims Rights’ Act and the Attorney General’s Guidelines on Victim and Witness Assistance.
Justice Department’s Procurement Collusion Strike Force Announces Eleven New National PartnersRead the Press Release
The Justice Department announced today that the Procurement Collusion Strike Force (PCSF) is adding 11 new national partners to the Strike Force, for a total of 29 agencies and offices committed on the national level to combatting collusion, antitrust crimes and related fraudulent schemes, which undermine competition in government procurement, grant and program funding.
Of the new partners, nine are U.S. Attorneys’ Offices, with complementary enforcement priorities in U.S. cities with diverse government spending profiles:
- David L. Anderson, Northern District of California
- Robert K. Hur, District of Maryland
- Erica H. MacDonald, District of Minnesota
- Michael Hurst, Jr., Southern District of Mississippi
- Seth D. DuCharme, Eastern District of New York
- Matthew G.T. Martin, Middle District of North Carolina
- Stephen Muldrow, District of Puerto Rico
- Stephen J. Cox, Eastern District of Texas
- Ryan Patrick, Southern District of Texas
The PCSF is also welcoming as national partners the United States Air Force Office of Special Investigations and Department of Homeland Security, Office of Inspector General, two critically important law enforcement partners with proven track records of working with the PCSF as well as the Antitrust Division.
“I am excited to welcome these new partners to the PCSF effort,” Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division said announcing the new partners in Washington, D.C. “By growing our national footprint, and folding in additional subject-matter experts, the PCSF is poised for even more success in its next year.”
“DHS OIG is pleased to join our law enforcement partners on the PCSF,” said Inspector General Joseph V. Cuffari of the Department of Homeland Security. “We look forward to working with the Strike Force to combat antitrust crimes and related schemes on behalf of American taxpayers.”
“OSI, led by our Office of Procurement Fraud Investigations team, is pleased to be a full national partner in the PCSF effort,” said Brigadier General Terry L. Bullard, Commander, Air Force OSI. “We are committed to the principles of the PCSF in ensuring we educate and inform our stakeholders to deter bad actors, and in investigating crimes when they do occur. We look forward to furthering this project together with the Department of Justice and sister agencies.”
In remarks delivered to the American Bar Association, Antitrust Section’s Fall Forum, Assistant Attorney General Delrahim also provided recap of the PCSF’s first year of accomplishments, which are detailed in a recent post to the department’s “Justice Blog.”
The PCSF has a publicly available website at www.Justice.gov/Procurement-Collusion-Strike-Force, where members of the public can review information about the federal antitrust laws and training programs, and report suspected criminal activity affecting public procurement. Individuals and companies are encouraged to contact the PCSF if they have information concerning anticompetitive conduct involving federal taxpayer dollars by emailing pcsf@usdoj.gov or filling out the PCSF anonymous complaint form, located on the PCSF website.
Federal, state, and local agencies can also contact the PCSF at pcsf@usdoj.gov for any training needs or to report suspected antitrust violations.
Justice Department Settles with Transportation and Logistics Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it reached a settlement with IAS Logistics DFW LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics), a transportation and logistics company headquartered in Fort Worth, Texas.
The settlement resolves claims that Pinnacle Logistics discriminated against an asylee worker based on his citizenship status by rejecting the worker’s valid work authorization documents and terminating him when he could not satisfy the company’s request for specific and unnecessary immigration documents.
“Employers must not interfere with a worker’s lawful right to present acceptable work authorization documents to prove authorization to work in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We applaud Pinnacle Logistics’ decision to work with the Department of Justice and to change its practices to comply with the Immigration and Nationality Act’s non-discrimination protections.”
Based on its investigation, the department concluded that Pinnacle Logistics asked the asylee worker to present an additional, DHS-issued document because of his status as a non-U.S. citizen, even though he had already presented sufficient documentation establishing his work authorization. When the worker could not produce the document Pinnacle Logistics requested, despite being work-authorized, the company terminated him.
The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
Under the terms of the settlement agreement, Pinnacle Logistics will pay a civil penalty to the United States and back pay to the affected worker, will train its employees about the requirements of the INA’s anti-discrimination provision and proper E-Verify procedures, and will be subject to department reporting requirements over the term of the agreement.
The division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in the Immigrant and Employee Rights Section (IER), targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
Justice Department Issues Guidance on the Use of Arbitration and Launches Small Business Help CenterRead the Press Release
The Antitrust Division of the Department of Justice announced the publication of two new resources on its website today.
First, the division issued updated and supplemental guidance on the use of arbitration, which includes case selection criteria to help identify Antitrust Division cases that would benefit from the application of arbitration. This guidance reflects the Antitrust Division’s experience using arbitration to resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation. The updated document also contains guidance regarding the arbitration agreement, the decision whether to file a complaint in federal district court before the matter is referred to arbitration, arbitrator selection, arbitrator compensation and cost shifting, and the training of Antitrust Division staff on the use of arbitration.
Second, the division launched a new web resource to provide targeted antitrust information and guidance to small business owners. The new “Antitrust and Your Small Business” section of the division’s website contains user-friendly guidance and links to DOJ materials on antitrust “hot topics” relevant to small businesses, including tips on identifying potential anticompetitive conduct that harms small businesses, tips on avoiding and reporting criminal antitrust violations, requirements for applying to the criminal leniency program, tips on avoiding antitrust issues related to hiring and management, materials on COVID-19 and disaster relief, guidance on information sharing and trade associations, and more.
“Earlier this year, the Division prevailed in the first-of-its-kind arbitration of a merger challenge. The new guidance crystallizes our learning from that case and outlines how that learning may be applied to future matters,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Additionally, I am gratified that we are addressing the needs of small businesses in a targeted way. As we have repeatedly said, the antitrust laws are not solely applicable to the biggest businesses, but are meant to protect consumers, workers, and small businesses as well. Given these unprecedented times and the increased visibility of antitrust in the business community, the Antitrust Division hopes these resource pages will help small business owners better understand what the antitrust laws are, examples of conduct they prohibit, and ways to report potential violations.”
The arbitration guidance is available on the Antitrust Division’s website (/media/1104421/dl?inline) and will be published in the Federal Register.
The Antitrust Issues and Your Small Business resource pages can be accessed at www.justice.gov/atr/antitrust-issues-and-your-small-business.
Indivior Solutions Sentenced to Pay $289 Million in Criminal Penalties for Unlawful Marketing of Opioid DrugRead the Press Release
Indivior Solutions was sentenced to pay $289 million in criminal penalties in connection with a previous guilty plea related to the marketing of the opioid-addiction-treatment drug Suboxone, the Department of Justice announced today.
U.S. District Judge James P. Jones of the Western District of Virginia entered the sentence against Indivior Solutions pursuant to a plea agreement. Altogether, Indivior Solutions will pay $600 million to resolve its civil and criminal liability in this matter. In total, the payments made by Indivior Solutions and its parent companies, Indivior Inc. and Indivior plc, along with payments made under a 2019 resolution with Indivior’s former parent, Reckitt Benckiser Group plc, and criminal penalties paid pursuant to plea agreements with two former Indivior executives will exceed $2 billion. That amount represents the second-largest monetary resolution obtained by the Department of Justice in a case involving an opioid drug.
Suboxone, which contains the powerful opioid buprenorphine, is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment for opioid-use disorder. In connection with its guilty plea, Indivior Solutions admitted to making false statements to the Massachusetts Medicaid program (MassHealth) related to the relative safety of Suboxone Film, a version of Suboxone, around children.
“Combating the opioid epidemic is a top priority for the Department of Justice,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will hold drug manufacturers accountable when they make misrepresentations that could affect consumers’ access to opioid addiction treatments.”
Indivior Solutions, a subsidiary of Indivior Inc., pleaded guilty on July 24, 2020, to a one-count felony criminal information charging false statements relating to health care matters. Indivior Inc. agreed to terms complementing the Indivior Solutions guilty plea and agreed to implement prospective measures that include permanently disbanding Indivior Inc.’s Suboxone sales force and taking steps to prevent promoting Suboxone to health care providers at a high risk of inappropriate prescribing.
On June 30, 2020, Indivior’s former CEO, Shaun Thaxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. On Oct. 22, 2020, the court sentenced Thaxter to a six-month term of incarceration and $600,000 in criminal fines and forfeiture.
On Aug. 26, 2020, Indivior’s former medical director, Tim Baxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. Baxter’s sentencing hearing is scheduled for Dec. 17, 2020, before Judge Jones in Abingdon, Virginia.
“When a drug manufacturer claims to be part of the solution to the national opioid epidemic, we expect it to make honest representations to government officials, physicians and patients, who have to make crucial treatment decisions,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “Instead, Indivior made false statements about Suboxone’s safety to increase its sales. I’m proud of the close relationship we have with our federal and state partners that led to today’s important result.”
“Pharmaceutical companies that falsely promote their drugs, intended to treat opioid addiction, as superior to other alternatives only worsens the opioid crisis that has touched far too many lives in the U.S. Such actions potentially narrow access to treatment for those who need it,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “We will continue to investigate and bring to justice those who devise and participate in these schemes to the detriment of the public health.”
In its guilty plea, Indivior Solutions, which employed marketing and sales personnel for the Indivior group of companies, admitted that in October 2012 it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth a misleading chart and false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact it did not. Indivior Solutions further admitted that sending the false and misleading information occurred in the context of marketing and promotional efforts directed at MassHealth, which were overseen by top executives. MassHealth announced it would provide access to Suboxone Film for patients with children under the age of six shortly after Indivior provided the false and misleading information to agency officials.
The criminal case against Indivior was prosecuted by Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia; Albert P. Mayer and Carol Wallack of the Department of Justice Civil Division’s Commercial Litigation Branch; Charles J. Biro and Matthew J. Lash of the Department of Justice Civil Division’s Consumer Protection Branch; Kristin L. Gray, Joseph S. Hall and Janine M. Myatt of the Virginia Medicaid Fraud Control Unit of the Office of the Attorney General; and Garth W. Huston of the Federal Trade Commission. This matter was investigated by the Virginia Attorney General’s Medicaid Fraud Control Unit; FDA’s Office of Criminal Investigation; the United States Postal Service Office of Inspector General; and the Department of Health and Human Services Office of Inspector General.
The joint effort advances the goals of the department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful practices and to ensure that prescription opioid products are marketed truthfully.
For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva. Additional information about the Consumer Protection Branch and the Civil Fraud Section and their enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch and http://www. justice.gov/civil/fraud-section. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
El Departamento de Justicia Llega a un Acuerdo con una Agencia de Transporte y Logística que Resuelve unas Acusaciones de Discriminación Relacionada con la InmigraciónRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con IAS Logistics DFW, LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics), una compañía de transporte y logística con sede en Fort Worth, Tejas. El acuerdo resuelve las acusaciones que Pinnacle Logistics había discriminado a un trabajador que era asilado con base en su estatus de ciudadanía al rechazar los documentos válidos de autorización para trabajar del trabajador y despedirlo cuando no pudo satisfacer la solicitud de la compañía de documentos migratorios específicos e innecesarios.
«Los empleadores no deben interferir en el derecho legal de un trabajador a presentar los documentos aceptables de autorización para trabajar para demostrar autorización para trabajar en los Estados Unidos», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Felicitamos a Pinnacle Logistics por decidir trabajar con el Departamento de Justicia y ajustar sus prácticas para que cumplan con las protecciones antidiscriminatorias de la ley de Inmigración y Nacionalidad».
Con base en su investigación, el Departamento concluyó que Pinnacle Logistics había pedido al trabajador asilado que presentara un documento adicional emitido por el Departamento de Seguridad Nacional debido a su condición como no ciudadano de los EE. UU., aunque ya había presentado suficiente documentación que demuestra su autorización para trabajar. Cuando el trabajador no pudo producir el documento que Pinnacle Logistics le había pedido, a pesar de estar autorizado para trabajar, la compañía lo despidió.
La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Conforme los términos del acuerdo conciliatorio, Pinnacle Logistics pagará una sanción civil a los Estados Unidos y pagos retroactivos al trabajador afectado, capacitará a sus empleados acerca de los requisitos de la disposición antidiscriminatoria de la INA y los procedimientos apropiados para E-Verify y se someterá a los requisitos de declaración del Departamento durante el plazo del acuerdo.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a IER@usdoj.gov; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la IER y señala, investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
Attorney General William P. Barr Honors Department of Justice Employees and Others for the 68th Annual Attorney General’s AwardsRead the Press Release
Today, Attorney General William P. Barr announced the recipients for the 68th Annual Attorney General’s Awards, recognizing Department of Justice employees and partners for extraordinary contributions to the enforcement of our nation’s laws. This year, 240 DOJ employees received awards, while 27 non-department individuals are also being honored for their work. This year, due to coronavirus restrictions, Attorney General Barr is honoring recipients virtually here.
“I am honored to recognize the recipients of this year’s Attorney General’s Awards, whose tireless work and steadfast dedication have proven critical to enforcing the rule of law and protecting all Americans,” said Attorney General William P. Barr. “Those honored today have demonstrated exceptional efforts and made tremendous personal sacrifices throughout their time working at the Department of Justice, and for that, I am truly thankful.”
The 68th Annual Attorney General’s Awards and recipients are as follows.
The Attorney General’s David Margolis Award for Exceptional Service is the department’s highest award for employee performance. Attorney General Barr recognizes Justice Management Division, Office of the Assistant Attorney General, Assistant Attorney General for Administration, Lee J. Lofthus.
The Attorney General’s Award for Distinguished Service is the department’s second highest award for employee performance; there are thirteen Distinguished Service Awards being awarded today.
The first Distinguished Award is presented to Special Agents Brad S. Brasher, Ryan C. Caudill, Russel R. King, Louisville Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, and; Majors Richmond (Kentucky) Police Department William J. O’Donnell and Rodney O. Tudor.
The second Distinguished Award is presented to Section Chief Lynda K. Marshall, Assistant Section Chief Caldwell Harrop, Trial Attorney Timothy S. Longman, and Paralegal Specialist Jessica A. Rodriguez of the Antitrust Division, International Section.
The third Distinguished Award is presented to September 11th Victim Compensation Fund Special Master Rupa Bhattacharyya and Deputy Special Master Stefanie G. Langsam, of the Civil Division.
The fourth Distinguished Award is presented to Deputy Chief, Special Operations Leonard H. LeVine, Jr., Acting Assistant Deputy Chief Adrienne L. Rose, and Trial Attorney Kaitlin J. Sahni Narcotic and Dangerous Drug Section; Trial Attorney Margaret N. O’Malley of the Office of International Affairs, Criminal Division; Assistant U.S. Attorney Christopher C. Myers, Supervisory Paralegal Specialist Debora J. Wilson, Victim/Witness Specialist Dimple A. Smith, Legal Assistant Lori E. Daly of the U.S. Attorney’s Office for the District of North Dakota; Assistant U.S. Attorney Scott M. Kerin of the U.S. Attorney’s Office for the District of Oregon; Special Agent Michael A. Buemi, Miami Division, Drug Enforcement Administration; Special Agent Steven J. Gilpin, North Dakota Bureau of Criminal Investigations, and; Special Agents Guy Gino, Alexis J. Gregory, and Jeremy L. Grube, Homeland Security Investigations, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security.
The fifth Distinguished Award is presented to Deputy Chief Keith A. Becker and Trial Attorneys Ralph A. Paradiso and Lisa Marie Freitas, Child Exploitation and Obscenity Section, Criminal Division; Senior Trial Attorneys Judith H. Friedman and Lynn C. Holliday, Office of International Affairs, Criminal Division; Deputy Chief Michael J. Stawasz, Senior Counsels Jared S. Hosid and Nathan P. Judish, Computer Crime and Intellectual Property Section, Criminal Division; Assistant U.S. Attorneys Kristi N. O’Malley and Thomas M. Sullivan of the U.S. Attorney’s Office for the District of Maryland; Supervisory Special Agents J. Brooke Donahue and P. Michael Gordon, Criminal Investigative Division, FBI; Supervisory Agent Steven A. Smith, Jr., Cyber Division, FBI, and; Supervisory Special Agent Daniel E. O’Donnell, Critical Incident Response Group, FBI.
The sixth Distinguished Award is presented to Special Litigation Counsel Julia K. Gegenheimer, Trial Attorney Patricia A. Sumner, Supervisory Paralegal Specialist Kimberly N. Lawrence, Criminal Section, Civil Rights Division; Assistant U.S. Attorney Mack E. Jenkins and Paralegal Specialist Adriana Abalos of the U.S. Attorney’s Office for the Central District of California; Supervisory Special Agent Randy R. Gonzalez, Criminal Investigative Division, FBI; Supervisory Special Agent Ramon C. Johnson, New York Field Office, FBI; and Special Agents Caroline A. Walling and Michael Richard Ramsey, Los Angeles Field Office, FBI.
The seventh Distinguished Award is presented to Section Chief Lisa Lynne Russell, Principal Deputy Chief James D. Gette, Assistant Section Chief Guillermo A. Montero, Senior Litigation Counsel Frank J. Singer, Senior Attorney Marissa A. Piropato, Trial Attorneys Sean C. Duffy, Clare M. Boronow, and Erika D. Norman, Natural Resources Section, Environment and Natural Resources Division, and; Principal Deputy Chief Andrew C. Mergen, and Trial Attorneys Robert J. Lundman and Sommer H. Engels, Appellate Section, Environment and Natural Resources Division.
The eighth Distinguished Award is presented to Assistant U.S. Attorneys Celia V. Cohen, Scott A. Hartman, Jaqueline C. Kelly, Alexandra N. Rothman, and Hagan Scotten, Special Agent John J. Carillo, and Paralegal Specialist Shannon N. Becker of the U.S. Attorney’s Office for the Southern District of New York; Special Agents Christopher J. Munger, Elizabeth Nygaard, Theodore J. Otto III, and Cindy A. Peil, New York Field Office, FBI; Supervisory Special Agent Luigi Mondini, Chicago Division, FBI; Detective Darrell J. Julien and Task Force Officer William E. Dionne, New York City Police Department.
The ninth Distinguished Award is presented to Assistant U.S. Attorneys David G. Lazarus, Susan M. Poswistilo, Mark T. Quinlivan, Amanda P.M. Strachan, Fred M. Wyshak, Jr., K. Nathaniel Yeager, Victim Assistance Specialist Jessica M. Pooler, and Litigation Technology Specialist Helen R. Bower of the U.S. Attorney’s Office for District of Massachusetts; Special Agents Vivian M. Barrios, Paul S. Baumrind, Staff Operations Specialist Stacey Schlender, and Forensic Accountant Bridget Horan, Boston Field Office, FBI; Special Agent Sharon L. Moorefield, Office of Criminal Investigations, U.S. Food and Drug Administration; Special Agent Scott T. Wisnaskas, Office of Inspector General, U.S. Department of Health and Human Services, and; Senior Investigator Christine M. Tang, Employee Benefits Security Administration, U.S. Department of Labor.
The tenth Distinguished Award is presented to Supervisory Attorney-Advisors Alan M. Fisher and Sean S. Park, Office of Intelligence, National Security Division; Trial Attorney Adam L. Small, Counterintelligence and Export Control Section, National Security Division; Assistant U.S. Attorney William N. Hammerstrom, Jr. of the U.S. Attorney’s Office for the Eastern District of Virginia; Supervisory Special Agent Ryan C. Gaynor and Special Agents Christine A. Botz and Christina M. Sun, Washington Field Office, FBI.
The eleventh Distinguished Award is presented to Special Counsel Paul P. Colborn and Attorney-Advisors Kevin J. Barber, Christine M. Buzzard, Nathan A. Forrester, Jared M. Kelson, David K. Suska, Ryan N. Watzel, Office of Legal Counsel.
The twelfth Distinguished Award is presented to Pro Bono Program Manager Laura F. Klein, Professional Responsibility Advisory Office.
The thirteenth Distinguished Award is presented to Chief Senior Litigation Counsel Dennis M. Donohue and Senior Litigation Counsel Kari Madrene Larson, Office of Civil Litigation, Tax Division; Senior Litigation Counsel Judith A. Hagley, Appellate Section, Tax Division; Trial Attorneys Matthew S. Johnshoy, Gregory L. Jones and Harris J. Phillips, Civil Trial Section, Tax Division, and; Assistant U.S. Attorney William E. Farrior of the U.S. Attorney’s Office for the Western District of Oklahoma.
The Attorney General’s Award for Excellence in Law Enforcement recognizes outstanding professional achievements by law enforcement officers of the Department of Justice. This year, one Excellence in Law Enforcement Award is presented to Supervisory Special Agent Clifford R. Swindell, Special Agent Kevin W. McDonald, Baltimore Field Office, FBI; Task Force Officers Joseph Landsman, Jeffrey Lilly, Mark Neptune, Baltimore Police Department, and; Task Force Officer Daniel DeLorenzo, Anne Arundel County (Maryland) Police Department.
The Attorney General’s Award for Exceptional Service in Indian Country recognizes extraordinary efforts by those who demonstrated the department’s commitment to fighting crime in Indian Country. This year, two Exceptional Service in Indian Country Awards are being presented.
The first Exceptional Service in Indian Country is presented to Assistant U.S. Attorneys Jeffrey K. Starnes, Lori Harper Suek, Paralegal Tammy M. Farris, and Victim/Witness Specialist Keri B. Leggett of the U.S. Attorney’s Office for the District of Montana; Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman and Paralegal Lori E. Climis of the U.S. Attorney’s Office for the District of South Dakota; Special Agent Fred Bennett, Office of Justice Services, Bureau of Indian Affairs; Special Agent in Charge Curt L. Muller, Assistant Special Agent in Charge Anissa D. Andrews, Special Agents Justin C. Christman and Justin W. Reedy, Office of Inspector General, U.S. Department of Health and Human Services, and; Police Officers Frank Goings, Charlie Wolftail, and Sarah Wolftail, Blackfeet Law Enforcement Agency.
The second Exceptional Service in Indian Country is presented to Special Agent Elizabeth A. Green, San Francisco Field Office, FBI; Special Agents Aaron D. Christensen, Larry J. McGrail II, Victim Specialist Michele L. Stewart, and Evidence Technician Susan L. Stephenson, Salt Lake City Division, FBI; Assistant U.S. Attorney Lori HarperSuek of the U.S. Attorney’s Office for the District of Montana, and; Special Agent John J. Grinsell, Bureau of Indian Affairs, U.S. Department of the Interior.
The Attorney General’s Award for Excellence in Management recognizes outstanding administrative or managerial achievements, which have significantly improved operations, productivity, or reduced costs. This year, two Excellence in Management Awards are being presented.
The first Award for Excellence in Management is presented to Assistant U.S. Attorney Mary E. Toscano of the U.S. Attorney’s Office for District of New Jersey.
The second Award for Excellence in Management is presented to Deputy Assistant Inspector General Allison E. Russo, Evaluation and Inspections Division, Office of the Inspector General, and; Assistant Regional Audit Manager Elizabeth M. Smith, Auditors Gerardo Cartagena and Jessica M. Rivera, and Program Manager Jessica R. Brower, Audit Division, Office of the Inspector General.
The Attorney General’s Award for Excellence in Information Technology recognizes outstanding achievements in applying information technology to improve operations and productivity, reduce or avoid costs, and solve problems. One Excellence in Information Technology Award is presented to Supervisory Information Technology Specialists George A. Cramer, Omar S. Khan, Anmy D. Torres Lawrence P. Packard, Information Technology Specialists Dee A. Alkire, Natasha Gibson, Christopher M. Greer, Connie LaSalle, Darrell L. Lyons, Matthew K. Phillips, Eliot E. Schmidt, James W. Schreiner, Benjamin L. Schwarten, Jun B. Yun, Office of the Chief Information Officer, and; Supervisory Security Specialist Robert L. Mack II, Security and Emergency Planning Staff, Justice Management Division.
The Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security recognizes outstanding achievements and contributions towards protecting U.S. National Security. One Excellence in Furthering the Interests of U.S. National Security Award is presented to Supervisory Attorney-Advisors Tyrone A. Brown and Loyaan A. Egal, Foreign Investment Review Section, National Security Division.
The Attorney General’s Award for Equal Employment Opportunity is the department’s highest award for performance in support of the Equal Employment Opportunity Program. One Equal Employment Opportunity Award is presented to Senior Trial Attorney Liza Zamd and Trial Attorney Stacey I. Young, Immigrant and Employee Rights Section, Civil Rights Division; Trial Attorney Eliza P. B. Dermody, Disability Rights Section, Civil Rights Division; Trial Attorney Colleen M. Phillips, Educational Opportunities Section, Civil Rights Section; Senior Trial Attorney Patricia L. Stasco, Employment Litigation Section, Civil Rights Division; Trial Attorney Melanie Krebs-Pilotti, International Section, Antitrust Division; Trial Attorney Patricia L. Sindel, Technology and Financial Services Section, Antitrust Division; Trial Attorney Danielle Wolfson Young, Federal Programs, Civil Division; Trial Attorneys Lindsay C. Dunn, Allison Frayer, Stefanie Notarino Hennes, Office of Immigration Litigation, Appellate Section, Civil Division; Assistant Director Marc R. Salans, Office of Attorney Recruitment and Management, Justice Management Division, and; Supervisory Attorney-Advisor Shana N. Eaton, Office of Intelligence, National Security Division.
The Attorney General’s Award for Excellence in Legal Support recognizes outstanding achievements in the field of legal support to attorneys by paralegal specialists and other legal assistants. Three Excellence in Legal Support Awards are presented this year.
The first Excellence in Legal Support Award in the paralegal category is presented to Paralegal Specialist Minnie V. Becton, Environmental Enforcement Section, Environment and Natural Resources Division.
The second Excellence in Legal Support Award in the paralegal category is presented to Supervisory Paralegal Specialist Christina J. Griffiths of the U.S. Attorney’s Office for the Middle District of Florida.
The third Excellence in Legal Support Award in the legal support category is presented to Legal Assistant Jennifer L. Goldbetter, Environmental Enforcement Section, Environment and Natural Resources Division.
The Attorney General’s Award for Excellence in Administrative Support recognizes outstanding performance in administrative or managerial support by administrative employees or secretaries. Two Excellence in Administrative Support Awards are being presented.
The first Excellence in Administrative Support Award in the Administrative category is presented to Administrative Officer Elaine A. Thompson, Atlanta Regional Office, U.S. Trustee Program.
The second Excellence in Administrative Support Award in the Secretarial category is presented to Warden’s Secretary Rodell T. Fletcher, Federal Correctional Institution – Edgefield, SC Federal Bureau of Prisons.
The John Marshall Awards are the department’s highest awards offered to attorneys, which recognizes attorneys for their contributions and excellence in specialized areas of legal performance. Thirteen awards in nine categories are being presented this year.
The first John Marshall Award in the Trial of Litigation category is presented to Assistant U.S. Attorneys David D. Leshner, Todd W. Robinson, U.S. Attorney’s Office for the Southern District of California.
The second John Marshall Award also in the Trial of Litigation category is presented to Trial Attorney Richard M. Rolwing, Northern Criminal Enforcement Section, Tax Division, and; Senior Litigation Counsel John E. Sullivan and Trial Attorneys Leslie A. Goemaat and Arthur J. Ewenczyk, Western Criminal Enforcement Section, Tax Division.
The third John Marshall Award in the Participation in Litigation category is presented to Assistant Section Chiefs Lisa A. Scanlon and Yvette F. Tarlov and Trial Attorneys Meagan K. Bellshaw, Lee F. Berger, Mona S.K. Haar, Sarah H. Licht, Craig D. Minerva, Media, Entertainment, and Professional Services Section, Antitrust Division.
The fourth John Marshall Award also in the Participation in Litigation category is presented to Associate Director Christopher J. Smith and Trial Attorney Rebecca A. Haciski, Office of International Affairs, Criminal Division, and; Assistant U.S. Attorney Robert J. Emery, U.S. Attorney’s Office for the Southern District of Florida.
The fifth John Marshall Award in the Support of Litigation category is presented to Senior Counsel Wendy R. Waldron, Computer Crime and Intellectual Property Section, Criminal Division; Criminal Division Deputy Chief Sarah M. Kauke and Trial Attorney Molly S. Braese, Office of Enforcement Operations, Criminal Division; Assistant U.S. Attorney Amy E. Larson of the U.S. Attorney’s Office for the District of Columbia; Assistant General Counsel Christopher G. Bubb, Office of the General Counsel, FBI, and; Trial Attorney Jennifer Kennedy Gellie, Counterintelligence and Export Control Section, National Security Division.
The sixth John Marshall Award also in the Support of Litigation category is presented to Assistant U.S. Attorney Hollie W. Reed of the U.S. Attorney’s Office for the Middle District of Alabama.
The seventh John Marshall Award in the Handling of Appeals category is presented to Trial Attorney John M. Pellettieri, Appellate Section, Criminal Division.
The eighth John Marshall Award in the Providing Legal Advice category is presented to Appellate Litigation Counsel Mark B. Stern and Trial Attorneys Daniel Aguilar and Joshua M. Salzman, Appellate Staff, Civil Division.
The ninth John Marshall Award also in the Providing Legal Advice category is presented to Assistant U.S. Attorney Herbert L. Bunton III of the U.S. Attorney’s Office for the Western District of Texas.
The tenth John Marshall Award in the Preparation or Handling of Legislation category is presented to General Counsel Rafael A. Madan, Office of the General Counsel, Office of Justice Programs.
The eleventh John Marshall Award in the Preparation of Asset Forfeiture category is presented to Assistant U.S. Attorneys Jonathan S. Galatzan, Michael R. Sew Hoy, John J. Kucera, Poonam G. Kumar, and Steven R. Welk, U.S. Attorney’s Office for the Central District of California; Assistant U.S. Attorney Andrea Duvall, U.S. Attorney’s Office for the District of Columbia; Assistant U.S. Attorney Christopher Cardani, U.S. Attorney’s Office for the District of Oregon; Associate Director Jeffrey M. Olson, Senior Trial Attorney Colette L. Ford, Trial Attorney Erin E. Mikita, Office of International Affairs, Criminal Division, and; Deputy Chief, International Unit Mary K. Butler, Deputy Chief Woo S. Lee, Senior Trial Attorney Jonathan T. Baum, Trial Attorneys Barbara Yu. Levy and Joshua L. Sohn, Money Laundering and Asset Recovery Section, Criminal Division.
The twelfth John Marshall Award in the Preparation of Alternative Dispute Resolution category is presented to Acting Chief John R. Read, Trial Attorneys Thomas P. DeMatteo, James K. Foster, Catherine S. Montezuma, Samer M. Musallam, Blake W. Rushforth, Lowell R. Stern, Angela Y. Ting, and Bashiri B. Wilson, Defense, Industrials, and Aerospace Section, Antitrust Division, and; Trial Attorneys William H. Jones II and Ethan D. Stevenson, Media, Entertainment, and Professional Services Section, Antitrust Division.
The thirteenth John Marshall Award in the Interagency Cooperation category is presented to Senior Assistant Regional Counsel D. Henry Elsen, Region 8 – Montana Operations Office, U.S. Environmental Protection Agency.
The Claudia J. Flynn Award for Professional Responsibility recognizes department attorneys who have made significant contributions in the area of professional responsibility by successfully handling a sensitive and challenging professional responsibility issue in an exemplary fashion and/or leading efforts to ensure that department attorneys carry out their duties in accordance with the rules of professional conduct. This year’s Claudia J. Flynn Award is presented to Senior Legal Advisor Patrice M. Mulkern, Professional Responsibility Advisory Office; Assistant U.S. Attorney Francis M. Hamilton III, U.S. Attorney’s Office for the Eastern District of Tennessee; Assistant U.S. Attorney Cecil VanDevender, U.S. Attorney’s Office for the Middle District of Tennessee, and; Assistant U.S. Attorney Tony R. Arvin, U.S. Attorney’s Office for the Western District of Tennessee.
The Attorney General’s Award for Fraud Prevention recognizes exceptional dedication and effort to prevent, investigate, and prosecute fraud, white-collar crimes, and official corruption. This year’s Fraud Prevention Award is presented to Trial Attorneys Joshua D. Rothman and Philip M. Toomajian, Investigator Luke M. Shoemaker, Consumer Protection Branch, Civil Division; Senior Trial Attorney John A. Beasley, Jr., Office of International Affairs, Criminal Division; Assistant U.S. Attorneys Luis M. Perez, Kimberly A. Selmore, Paralegal Specialist Maureen Booker, U.S. Attorney’s Office for the Southern District of Florida, and; Postal Inspectors Bryan Masmela and Luis F. Soler, Miami Division, U.S. Postal Inspection Service.
The Attorney General’s Award for Outstanding Contributions to Community Partnerships for Public Safety recognizes outstanding achievement in the development and support of community partnerships designed to address public safety within a community. Two Outstanding Contributions to Community Partnerships for Public Safety Awards are being presented this year.
The first Outstanding Contributions to Community Partnerships for Public Safety is presented to Special Agent Michael C. Coad, Tampa Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives.
The second Outstanding Contributions to Community Partnerships for Public Safety is presented to Counsel Amy M. Markopoulos, Health Care Fraud Unit, Fraud Section, Criminal Division.
The Cubby Dorsey Award for Outstanding Service by a Wage Grade System Employee recognizes extraordinary performance and contributions by wage grade system employees, including laborers, mechanics, and skilled craft workers. One Cubby Dorsey Award for Outstanding Service by a Federal Wage Grade System Employee is presented to, Utility System Repairer – Operator Leader Allen B. Hudson, Finance and Facilities Division, FBI.
The Attorney General’s Award for Outstanding Contributions by a New Employee recognizes exceptional performance and notable accomplishments towards the department’s mission by an employee with fewer than five years of federal career service. The Attorney General’s Award for Outstanding Contributions by a New Employee is presented to Trial Attorney Julie A. Finocchiaro, Organized Crime and Gang Section, Criminal Division.
The Edward H. Levi Award for Outstanding Professionalism and Exemplary Integrity pays tribute to the memory and achievements of former Attorney General Edward H. Levi. This award is presented to an individual whose career as an attorney, law professor and dean, and public servant exemplified these qualities in the best traditions of the Department. This year’s Edward H. Levi Award is presented to Deputy Assistant Attorney General Kevin R. Jones, Office of Legal Policy.
The Attorney General’s Award for Meritorious Public Service, the top public service award granted by the department, recognizes the most significant contributions of citizens and organizations that have assisted the department in the accomplishment of its mission and objectives. Two Meritorious Public Service Awards are being presented this year.
The first Award for Meritorious Public Service is presented to, Phoenix 11, a group of 11 survivors whose child sexual abuse was recorded, and in the majority of cases, distributed online. This group has banded together to challenge the inadequate responses to the prevalence of child sexual abuse images on the internet.
The second Award for Meritorious Public Service is presented to the Middle East Media Research Institute and its President and Founder, Yigal Carmon.
The last award presented this year is the Mary C. Lawton Lifetime Service Award, which recognizes employees who have served at least 20 years in the department and who have demonstrated high standards of excellence and dedication throughout their careers. This award is presented only in exceptional circumstances to those individuals of special merit and is not awarded to express general appreciation for tenure alone. This year’s the Mary C. Lawton Award is presented to Supervisory Criminal Investigator Daniel P. Wertheimer, Investigative Operations Division, U.S. Marshals Service.
Statement by Assistant Attorney General Eric Dreiband for the Civil Rights Division on Veterans DayRead the Press Release
The Civil Rights Division of the U.S. Department of Justice and its Servicemembers and Veterans Initiative would like to wish a happy Veterans Day to our soldiers, both past and present. We owe you our thanks, but more than that, we owe you our freedom. As the head of the Civil Rights Division, I am entrusted with enforcing laws that protect the rights of the brave men and women of our nation’s armed forces, and the veterans who have served in the past. Enforcement of these very important federal civil rights laws helps ensure that these men and women can continue to safeguard our freedom.
Our nation’s servicemembers have been tasked with novel and difficult tasks this year. When COVID -19 reached our shores, tens of thousands of members of our National Guard in all 50 states responded to the pandemic. Many of these same servicemembers, as well as thousands of others, were also deployed in response to the public demonstrations in the past months. In March 2020, the Department of Defense issued stop movement orders on domestic and overseas travel for all military personnel and their families. These orders were necessary to slow the spread of the virus and to protect force readiness. Unfortunately, the Servicemembers Civil Relief Act did not protect servicemembers who had to terminate their leases in order to comply with these orders. This meant that servicemember-lessees could have been forced to pay rent for a property that they were unable to occupy or to make car payments for a vehicle they were unable to drive due to military orders.
Upon learning about this problem, the Civil Rights Division and its Servicemembers and Veterans Initiative mobilized to work on a solution. Fortunately, on July 20, Congress passed S. 3637, a bill to allow for lease termination based on stop movement orders. On Aug. 14, 2020, President Donald J. Trump signed the bill into law. As a result, servicemembers can rest assured that the law will protect them when stop movement orders related to COVID-19 – or any future local, national or global emergency – require them to terminate their leases.
While we maintain vigilance with respect to the deployments and orders related to COVID-19, we also continue to commit time and resources to protect the rights of servicemembers. The employees of the Department of Justice are proud to serve our nation’s men and women in uniform in this capacity. We at the Civil Rights Division ardently enforce three statutes that protect the rights of service members; the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Servicemembers Civil Relief Act (SCRA), and the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
The right to vote is among our most fundamental civil rights. Protecting the rights of servicemembers and their families to vote in our nation’s federal elections, whether they are serving here or abroad, is one of our highest priorities. Through the enforcement of the UOCAVA, the department ensures that servicemembers and overseas U.S. citizens have the opportunity to request and receive absentee ballots in time to vote and have their votes counted in federal elections. The department vigilantly monitored nationwide compliance with UOCAVA for all federal elections in the 2020 cycle. In 2020, the department also filed statements of interest in lawsuits in Georgia and Massachusetts to ensure that eligible military and overseas voters would have sufficient time to vote. In each case, the private lawsuits sought modifications to election-related dates, and the department’s briefs explained the importance of the UOCAVA requirement that states transmit absentee ballots no later than 45 days prior to any federal election.
Our Housing and Civil Enforcement Section, in collaboration with U.S. Attorney’s offices nationwide, enforces the SCRA, and has to date obtained over $474 million in remediation to over 120,000 service members whose financial rights were violated. These cases involved unlawful home foreclosures, vehicle repossessions, interest rate reductions, lease terminations, and default judgments. In 2019, the Division obtained a $3 million settlement against a Nissan Motors for repossessing vehicles owned by 113 qualified servicemembers. On Sept. 3, 2020, the division reached a $259,000 settlement with the City of San Antonio, TX to resolve allegations that the city violated the SCRA by auctioning, or otherwise disposing of, cars owned by protected servicemembers without first obtaining court orders.
The division’s Employment Litigation Section, also in collaboration with U.S. Attorney’s offices nationwide, continues to enhance its enforcement of USERRA against private, state, and local government employers, through litigation, facilitated settlements, outreach, and advocacy. Since the division assumed USERRA enforcement authority in 2004, it has filed 105 lawsuits and favorably resolved 193 complaints through consent decrees or private settlements.
The Civil Rights Division also continually looks for new ways to protect the rights of service members, veterans and military family members. For our veterans with disabilities, the division’s Disability Rights Section has focused on outreach to the veteran population about the protections of the Americans with Disabilities Act (ADA), which ensure equal access to all aspects of civic and community life. In recent months, the department resolved complaints from veterans who alleged that, because they use a service animal, they were denied access to restaurants, shops, and healthcare facilities.
America’s service members are willing to fight for us in the face of danger, and at great personal sacrifice especially in times like these.
While servicemembers carry the burdens of this nation, they should not have to worry that the financial sacrifices they are making will result in adverse actions, such as lenders foreclosing on their homes. They should not have to worry about facing employment discrimination due to their service. They should not have to worry about being able to vote while stationed away from home. They should not have to worry about being targeted for fraud and scams. And finally, our veterans should not face discrimination based on physical and mental disabilities.
We at the Department of Justice are committed to using all of the tools in our arsenal to fight for them. The violation of anyone’s civil rights is unacceptable and unlawful, and the Department of Justice will not tolerate any actions that violate the rights of service members or anyone else in our nation.
Justice Department Settles with a Car Rental Services Company to Resolve Immigration-Related DiscriminationRead the Press Release
The Justice Department announced today that it signed a settlement agreement with Fleetlogix Inc. (Fleetlogix) resolving claims that the company discriminated against work-authorized non-U.S. citizens by requiring them to provide specific and unnecessary work authorization documentation because of their citizenship or immigration status. Fleetlogix, based in San Diego, California, operates offices nationwide that provide cleaning and transportation services to rental car companies.
“The Immigration and Nationality Act requires employers to verify workers’ authorization to work in the United States and makes it illegal for employers to demand more or different documents than necessary, request specific documents, or reject reasonably genuine-looking documents because of a worker’s citizenship, immigration status, or national origin,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are encouraged that Fleetlogix will work with the Department of Justice to ensure that any work-authorized individuals who unfairly missed work opportunities as a result of the practices at issue will receive appropriate back pay.”
The department’s underlying investigation that led to the settlement showed that Fleetlogix required specific documents from work‑authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA), such as I-94s (an “arrival-departure” record that the Department of Homeland Security issues to certain non-U.S. citizens and which can be used for the Form I-9 in some circumstances), Employment Authorization Documents (sometimes known as “work permits”) or Permanent Resident Cards (sometimes known as “green cards”), even though these individuals already presented other valid and legally sufficient documents to prove work authorization, such as a driver’s license and unrestricted Social Security card.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status or national origin. Instead, in the INA, Congress determined that all work-authorized individuals, regardless of citizenship status, may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA does, however, permit employers to reject non-genuine looking documents.
As part of the settlement, Fleetlogix will pay civil penalties to the United States totaling $627,000, create a back pay fund for individuals who lost work due to the discrimination, train relevant employees on the requirements of the INA’s anti-discrimination provision, and change its policies and procedures.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (e.g., Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
The Civil Rights Division wants to hear about civil rights violations. Members of the public can report possible civil rights violations through the Civil Rights Division’s reporting portal.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
The Civil Rights Division’s Protecting U.S. Workers Initiative, started in 2017 in the Immigrant and Employee Rights Section (IER), targets, investigates, and (where appropriate) brings enforcement actions against employers that intentionally discriminate against U.S. workers due to citizenship-status discrimination based on a preference for temporary visa workers. IER has reached numerous settlements under the Protecting U.S. Workers Initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.
Justice Department Invests $2.6 Million to Mitigate Violent Crime and Support Public Safety in Disruption EffortsRead the Press Release
The Department of Justice announced awards from the Office of Justice Programs (OJP) totaling $2.6 million to four jurisdictions to disrupt and mitigate threats of violence. The funds support state and local prosecutors and investigators who seek expertise from mental health and threat assessment experts to identify these individuals and prevent violent acts.
“Disruption and early engagement programs are part of the Department of Justice’s national strategy to disrupt potential mass shootings and other rapidly mobilizing threats of targeted violence,” said Deputy Attorney General Jeffrey A. Rosen. “This program provides funding that enables state and local authorities to work with federal partners and to develop new tools and tactics to continue protecting the safety and well-being of our communities.”
Prioritized nationally by the Attorney General in October 2019, disruption and early engagement programs leverage relationships with law enforcement, community groups, and health professionals to help mitigate violent acts by developing individualized threat assessments and mitigation plans. These grants provide funds for state, local, and tribal governments to establish disruption and early engagement networks.
The funds are part of the Justice and Mental Health Collaboration Program administered by OJP’s Bureau of Justice Assistance (BJA), and are being awarded to the San Antonio, Texas, Police Department; Macon-Bibb County, Georgia; the Bear River, Utah, Health Department; and the County of Penobscot, Maine. The awards are part of more than $29 million in grants recently announced by the Department of Justice to address mental illness in the criminal justice system. This initiative supports teams that address rapidly evolving threats of targeted violence and encourages the building of multidisciplinary threat assessment and threat management teams.
“There’s no question that mental health issues are a growing threat to public safety, and they are straining law enforcement and correctional resources,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Collaboration among justice system professionals and those trained in mental health is essential to addressing these issues.”
In coordination with the Council of State Governments, BJA recently launched the Law Enforcement-Mental Health Collaboration Support Center, which offers tailored assistance to criminal justice agencies and their community partners looking to improve responses for people with mental health or substance use issues.
OJP, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov/.
Former Bank Executive Sentenced to Prison for $15 Million Construction Loan FraudRead the Press Release
A former Kansas bank executive was sentenced to 60 months in prison today for his role in carrying out a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks.
Acting Assistant Attorney General Brian Rabbitt of the Justice Department’s Criminal Division, Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Adam B. Steiner of the IRS Criminal Investigation’s (IRS-CI) St. Louis Field Office, Special Agent in Charge Timothy Langan of the FBI’s Kansas City Field Office, and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.
Troy A. Gregory, 53, of Lawrence, Kansas, was sentenced by Chief U.S. District Judge Julie A. Robinson of the District of Kansas to 60 months in prison followed by three years of supervised release, and ordered to pay $4,731,208.16 in restitution.
Following a two-week trial in August 2019, Gregory was found guilty of four counts of bank fraud and two counts of false statements. According to the evidence presented at trial and at the sentencing hearing, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans. Beginning in late 2007, Gregory initiated the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers so they could pay back the other outstanding loans. Gregory’s bank shared this loan with 25 other Kansas banks. To convince the other banks to participate, Gregory made and caused others to make false statements about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved.
Instead of using the loan funds promised for building the apartments, Gregory immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property and make payments on unrelated loans. Other Kansas banks that shared in this loan would not have participated in the loan without Gregory’s false representations and promises. The victimized banks collectively lost approximately $5 million on this fraudulent loan.
The case was investigated by FDIC-OIG, IRS-CI, the FBI, and FHFA-OIG. Senior Litigation Counsel David A. Bybee and Trial Attorney Andrew R. Tyler of the Criminal Division’s Fraud Section prosecuted the case.
The Criminal Division’s Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
El Departamento de Justicia Llega a un Acuerdo con una Compañía de Alquiler de Vehículos que Resuelve un Caso de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Fleetlogix, Inc. (Fleetlogix), lo que resuelve las acusaciones de que la compañía había disciminado a individuos no ciudadanos de los EE. UU que contaban con autorización para trabajar al requerir que proporcionaran documentos específicos e innecesarios de autorización para trabajar debido a su estauts migratorio o de ciudadanía. Fleetlogix, con sede en San Diego, California, opera oficinas por todo el país que prestan servicios de limpieza y transporte a companías de alquiler de vehiculos.
«La ley de Inmigración y Nacionalidad requiere que los empleadores verifiquen que sus trabajadores disponen de autorización para trabajar en los Estados Unidos y prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios, que pidan documentos específicos o que rechacen documentos que parecen ser genuinos por motivos de la ciudadanía, estatus migratorio o nacionalidad de origen del trabajador», declaró Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Nos anima ver que Fleetlogix trabajará con el Departamento de Justicia para garantizar que cualquier individuo que cuente con autorización para trabajar que, de una forma injusta, se haya perdido una oportunidad laboral como resultado de las prácticas en cuestión recibirá los pagos retroactivos apropiados».
La investigación subyacente del Departamento que llevó al acuerdo reveló que Fleetlogix requirió documentos específicos a individuos no ciudadanos de los EE. UU. que contaban con autorización para trabajar –lo cual vulnera la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés)– tales como Formularios I-94 (un registro de «llegadas y salidas» que el Departamento de Seguridad Nacional emite a ciertas personas no ciudadanas de los EE. UU. que puede ser utilizado, en ciertas circunstancias, para el Formulario I-9), Documentos de Autorización para Trabajar (a veces conocidos como «permisos de trabajo») o Tarjetas de Residencia Permanente (a veces conocidas como «tarjetas verdes») aunque estos individuos ya habían presentado otros documentos válidos para demostrar que tienen permiso para trabajar, como licencias de manejar y tarjetas de seguro social sin restricciones.
La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, puede elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su elegibilidad para trabajar en los Estados Unidos. No obstante, la INA sí permite que los empleadores rechacen documentos que no parecen ser genuinos.
Como parte del acuerdo, Fleetlogix pagará sanciones civiles a los Estados Unidos que ascienden a 627.000 $, creará un fondo de pagos retroactivos para compensar a aquellos individuos que perdieron trabajo a causa de la discriminación, capacitará a los empleados relevantes acerca de los requisitos de la disposición antidiscriminatoria de la INA y cambiará sus políticas y procedimientos.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias o la intimidación.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .
La División de Derechos Civiles quiere enterarse de más vulneraciones de derechos civiles. Miembros del público pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
La Iniciativa para la Protección de Trabajadores en Este País, de la División de Derechos Civiles, se lanzó en el 2017 en la Sección de Derechos de Inmigrantes y Empleados y señala, investiga y (donde proceda) aplica medidas de cumplimiento a empleadores que intencionalmente discriminen a trabajadores en este país por motivos de su estatus de ciudadanía para dar preferencia a trabajadores temporales de visa. La IER ha llegado a numerosos acuerdos bajo la Iniciativa para la Protección de Trabajadores en Este País y empleadores han distribuido o acordado distribuir un total combinado de más de 1,2 millónes de dólares por concepto de pagos retroactivos a trabajadores afectadso en este país y sanciones civiles a los Estados Unidos. Estos acuerdos implican empleadores que fueron discriminatorios en su uso de los programas de visa de H-1B, H-2A y H-2B.
Justice Department Reaches Settlement with the Town of Irmo, South Carolina, to Resolve Allegations of Discrimination Against Homeowner with DisabilityRead the Press Release
The Justice Department announced today that the Town of Irmo, South Carolina, has agreed to pay $25,000 to a homeowner with a disability as part of a settlement agreement resolving the government’s Fair Housing Act (FHA) lawsuit.
The department’s complaint, filed in the U.S. District Court for the District of South Carolina in November 2018, alleged that the town violated the FHA by refusing to allow the Irmo homeowner to build a carport adjacent to her home to accommodate her physical disability. According to the complaint, the homeowner, after falling and suffering injuries on several occasions outside her home, applied for a zoning variance in 2016 to build a carport to protect her driveway and mobility ramp in inclement weather and prevent future falls; the town summarily denied the variance. The homeowner filed a complaint with the Department of Housing and Urban Development (HUD), which conducted an investigation and referred the matter to the Justice Department.
“The homeowner in this case requested a simple, straightforward, and reasonable accommodation: to build a carport adjacent to her own single-family home so she would be protected from the elements and could safely enter and exit her home. She should not have been forced to wait three years for this accommodation,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This settlement is a reminder that the Justice Department is committed to working tirelessly to enforce the Fair Housing Act and protect the rights of persons with disabilities. The department’s lawsuit should also serve as a warning that federal law protects the right of persons with disabilities to be secure in their homes and that the Justice Department will do whatever is necessary to protect that right.”
“This office will take action to protect those with disabilities,” said Peter M. McCoy, Jr., U.S. Attorney for the District of South Carolina. “This settlement not only compensates an individual who was initially prevented from making reasonable accommodations for her disability, but it helps ensure that those in similar situations are protected in the future.”
“Today’s settlement is a victory for persons with disabilities, who often need basic modifications to their living space in order to fully utilize and enjoy the place they call home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to work with the Justice Department to take appropriate action when a municipality’s housing practices violate the law.”
After the department filed the lawsuit, the town adopted an ordinance allowing persons with disabilities to request reasonable accommodations in rules, policies, practices or services to afford them an equal opportunity to use or enjoy their home. More than a year later, the town finally granted the homeowner’s reasonable accommodation request and allowed her to build a carport so she could live safely in her home. Under the terms of the settlement agreement, the town is prohibited from engaging in future disability discrimination or interfering with the homeowner’s use of her carport, and town officials must participate in fair-housing training and report to the department any denial of a request for a reasonable accommodation.
The federal FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
Former Department of Justice Paralegal Pleads Guilty to Accessing and Releasing Sensitive, Non-Public InformationRead the Press Release
A former contractor with the U.S. Department of Justice pleaded guilty today for unlawfully using her government computer to access government records and providing sensitive, non-public information to another individual, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.
Danielle Taff, 37, of Ankeny, Iowa, who was employed as a contractor paralegal at the U.S. Attorney’s Office for the Southern District of Iowa from approximately June 2017 to June 2018, pleaded guilty to one count of fraud and related activity in connection with computers before U.S. District Judge Stephanie M. Rose of the Southern District of Iowa. A sentencing date has not been scheduled.
According to admissions made in connection with her guilty plea, while employed as a paralegal, Taff was assigned to the office’s Civil Division, where she worked exclusively on matters related to civil forfeiture and was neither required nor authorized to access files and information related to the district’s investigation and prosecution of criminal cases. Taff admitted that on or about May 16, 2018, she used her U.S. Department of Justice computer to access criminal files stored on the district’s shared electronic data storage drive, including reports of law enforcement interviews with at least two individuals who cooperated with the district in a drug-trafficking investigation. Taff then used her cell phone to take approximately thirty photographs of the sensitive, non-public documents related to the drug-trafficking investigation.
After photographing the documents, Taff shared them with her friend, Person A, who subsequently shared the photographs with several individuals on Facebook. As a result, in October 2018, other individuals posted those photographs to a Facebook group dedicated to outing “snitches,” or law enforcement cooperators, in the Des Moines, Iowa region. Among other sensitive information, the photographs taken by Taff and subsequently posted on Facebook identified at least two cooperators in the drug-trafficking investigation by name and other personal identifiers.
The Department of Justice Office of the Inspector General, Chicago Field Division, is investigating the case. Trial Attorneys Erica O’Brien Waymack and Matthew Palmer-Ball of the Criminal Division’s Public Integrity Section are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Law Enforcement Assists Brazilian Law Enforcement Takedown of Numerous Digital Piracy Sites and Apps Alleged to Have Caused Millions of Dollars in Losses to U.S. Media CompaniesRead the Press Release
Seizure warrants have been executed against three domain names of commercial websites engaged in the illegal reproduction and distribution of copyrighted works in support of a Brazilian-led takedown of digital piracy sites there, dubbed “Operation 404”.
The coordinated federal law enforcement operation targeted online services that provided illegal copies of copyrighted works, including television shows and movies.
“By seizing these domain names, law enforcement has disrupted the unlawful reproduction and distribution of thousands of pirated television shows and movies, while also cutting off the profits to unlawful actors willing to exploit the hard work of others for their own personal gain,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division. “The Justice Department, together with our international law enforcement partners, will continue to take enforcement actions to identify, seize, and disable these sites wherever they exist around the globe.”
“Illegal streaming is not a victimless crime,” said Derek Benner, Executive Associate Director for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “It harms the content creators of the shows that you know and love, and feeds a criminal enterprise whose profits support organized criminal endeavors. Now more than ever, the partnerships between the creative industry and law enforcement agencies are essential to combat digital piracy and protect consumers. The collaborative nature of this investigation is representative of the ongoing work HSI conducts with its international law enforcement partners to proactively identify, target and investigate individuals who violate U.S. intellectual property rights laws.”
According to the affidavit in support of the seizure warrants, each of the three domains—megatorrentshd.biz, comandotorrentshd.tv, and bludv.tv—offered “free access to copyrighted content to website visitors all over the world, including released and pre-release feature-length movies and television shows.” Megatorrentshd.biz featured approximately 84 navigation pages, with 20 film titles per page and approximately 21 navigation pages with approximately 16 television series titles per page. Comandotorrentshd.tv offered movies and television shows, with approximately 10 titles per page, distributed throughout approximately 124 navigation pages. Bludv.tv displayed approximately 670 navigation pages with approximately 14 titles per page.
Operation 404 was coordinated with Brazil’s Secretariat of Integrated Operations (SEOPI) at Brazil’s Ministry of Justice and Public Security (MoJPS). More information about the operation is available here.
The seized domains are in the custody of the federal government. Visitors to the sites will now find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.
The Justice Department thanks its Brazilian partners at SEOPI and the MoJPS, the City of London Police Intellectual Property Crime Unit, and its domestic partners at the U.S. Attorney’s Office for the Eastern District of Virginia, HSI’s Washington D.C. field office and ICE HSI Attaché at the U.S. Embassy in Brasilia, Brazil, for its assistance and collaboration in this matter.
The Justice Department is working to provide intellectual property related training and technical assistance in other countries through the International Computer Hacking and Intellectual Property (ICHIP) program. Learn more about the Criminal Division’s ICHIP Program, jointly administered by the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training and the Computer Crime and Intellectual Property Section, here.
The National Intellectual Property Rights Coordination Center (IPR Center) is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its member agencies to share information, develop initiatives, and coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the war fighters. To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Sues to Block Visa's Proposed Acquisition of PlaidRead the Press Release
Today, the Department of Justice filed a civil antitrust lawsuit to stop Visa Inc.’s $5.3 billion acquisition of Plaid Inc. Visa is a monopolist in online debit services, charging consumers and merchants billions of dollars in fees each year to process online payments. Plaid, a successful fintech firm, is developing a payments platform that would challenge Visa’s monopoly.
“American consumers and business owners increasingly buy and sell goods and services online, and Visa – a monopolist in online debit services – has extracted billions of dollars from those transactions,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Now, Visa is attempting to acquire Plaid, a nascent competitor developing a disruptive, lower-cost option for online debit payments. If allowed to proceed, the acquisition would deprive American merchants and consumers of this innovative alternative to Visa and increase entry barriers for future innovators.”
According to the complaint, Plaid powers some of the most innovative fintech apps. Plaid’s technology allows developers to plug into consumers’ various financial accounts, with consumer permission, to aggregate spending data, look up balances, and verify other personal financial data. Plaid connects to 200 million consumer bank accounts and 11,000 U.S. banks. Because it accesses data on behalf of so many fintech app customers, Plaid has become the leading financial data aggregation company in the United States. Plaid is planning to leverage its connections to build a bank-linked payments network that would compete with Visa. Plaid’s money movement platform would allow consumers to pay merchants directly from their bank accounts using bank credentials rather than a debit card. Plaid’s established connections and technology uniquely positions it to enter the payments market and disrupt Visa’s monopoly.
The complaint alleges that Visa’s CEO viewed the acquisition as an “insurance policy” to protect against a “threat to our important US debit business.” This acquisition is the second-largest in Visa’s history, with an extraordinary price tag of $5.3 billion. Visa’s CEO justified the deal to Visa’s Board of Directors as a “strategic, not financial” move, and noted that in part because “our US debit business i[s] critical and we must always do what it takes to protect this business.” Unless acquired, Visa feared that Plaid “on their own or owned by a competitor [was] going to create some threat” with a “potential downside risk of $300-500M in our US debit business” by 2024. If Plaid remained free to develop its competing payment platform, then “Visa may be forced to accept lower margins or not have a competitive offering.”
Millions of American consumers and merchants depend on debit services to transact business online. The complaint alleges that Visa has dominated online debit for years and has protected its monopoly with exclusionary tactics that have prevented rivals, including Mastercard, from expanding or entering. The lawsuit alleges that Visa’s proposed acquisition of Plaid is a violation of both Section 2 of the Sherman Act and Section 7 of the Clayton Act. The Department filed its lawsuit in the U.S. District Court for the Northern District of California.
Visa Inc. is a Delaware corporation headquartered in Foster City, California. Visa is a global payments company that operates the largest debit network in the United States. Visa’s 2019 revenues were approximately $23 billion.
Plaid Inc. is a Delaware corporation headquartered in San Francisco, California. Plaid is a financial services company that operates the leading financial data aggregation platform in the United States. In 2019, Plaid earned approximately $100 million in revenues.
Justice Department Settles Claims Against City of Meriden, Connecticut, Involving Denial of MosqueRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the District of Connecticut today announced an agreement with the City of Meriden, Connecticut to resolve allegations that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by denying the application of the Omar Islamic Center to establish a mosque in March 2019, and by maintaining a zoning code that treats religious assemblies and institutions on less than equal terms with nonreligious assemblies and institutions in nine zoning districts.
“The United States of America is, and must always be, a nation that protects the religious freedom of all people,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “For more than four centuries, religious people from all over the world have found refuge here. Our Constitution protects the right of all people in this free nation to exercise of religion. But that right will mean little if people cannot gather together in a place of their choosing and practice their faith. The Religious Land Use and Institutionalized Persons Act marked its 20th anniversary last month, and it ensures that people of all faiths can establish houses of worship. The Justice Department will continue to enforce this important law against any government that violates the right of faith communities to build gathering places for worship.”
“We have alleged that the Meriden Planning Commission’s denial of the Omar Islamic Center’s application to establish a mosque in Meriden was unfair and in clear violation of RLUIPA,” said U.S. Attorney John H. Durham of the District of Connecticut. “We’re pleased that the City of Meriden has agreed to settle this matter without additional litigation, and that members of the Omar Islamic Center will be able to worship in a location of their choice without undue government restraint.”
The proposed consent decree, which was filed today in the U.S. District Court for the District of Connecticut and must still be approved by the court, resolves a lawsuit the United States also filed today. After the city denied the Omar Islamic Center’s application to establish a mosque, the United States opened an investigation of the city’s actions in July 2019. In January 2020, the United States notified the city that it had concluded that the city had violated RLUIPA and intended to file suit, and offered the city an opportunity to negotiate a resolution.
The United States’ complaint alleges that the city’s denial of the Omar Islamic Center’s application to establish a mosque imposed a substantial burden on the center’s religious exercise and treated the center, a religious assembly or institution, on less than equal terms with a nonreligious assembly or institution. The United States’ complaint also alleges that the city’s zoning code treats religious assemblies or institutions on less than equal terms with nonreligious assemblies or institutions in nine zoning districts. The city denies the allegations. As part of the agreement, the city has agreed to review and amend its zoning ordinance to comply with the requirements of RLUIPA, to provide training to its officials and employees about their obligations under RLUIPA, and to notify the public about the city’s compliance with RLUIPA in its zoning and land use actions.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. On Sept. 22, the 20th anniversary of RLUIPA’s enactment, the department issued a comprehensive report on its enforcement of the law. 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.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
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 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.
U.S. Seizes Virtual Currencies Valued at $24 Million Assisting Brazil in Major Internet Fraud InvestigationRead the Press Release
The Department of Justice announced today that it has seized virtual currency worth an estimated $24 million on behalf of the Brazilian government.
The seizure order was obtained pursuant to an official request from the government of Brazil, made under the Treaty between the United States of America and the Federative Republic of Brazil on Mutual Legal Assistance in Criminal Matters, for assistance in connection with a large cryptocurrency fraud scheme in a Brazilian federal police investigation called “Operation Egypto.” Brazilian authorities estimate that more than $200 million was obtained through this scheme through which more than tens of thousands of Brazilians may have been defrauded.
Brazilian federal prosecutors have charged several individuals in the case. The U.S. seizures were tied to Brazilian Marcos Antonio Fagundes’ alleged role in the scheme. As the United States alleged based on information provided by Brazilian authorities, Fagundes is charged with several criminal violations of Brazilian law, including, among other offenses, the operation of a financial institution without legal authorization, fraudulent management of a financial institution, misappropriation, and money laundering, as well as securities law violations. The Brazilian court issued a seizure order directing the seizure of virtual currency in the United States owned or controlled by Fagundes.
According to documents filed in the Brazilian criminal proceeding and the Brazilian court’s findings, during August 2017 to May 2019, Fagundes and other defendants solicited funds from prospective investors over the internet, sometimes in combination with telephone and other means, and held the funds received in a manner that subjected it to regulation as a financial institution under Brazilian law, with which Fagundes and the other defendants failed to comply. Solicitations referred to as innovative investment opportunities were made over the internet and in person, offering investments in cryptocurrencies. As alleged, the defendants solicited investors to give money to corporations they controlled, in the form of Brazilian currency or cryptocurrency, which the companies would then invest in a variety of virtual currency types. The Brazilian court found, however, that only a very small amount of funds were invested in cryptocurrencies as promised, and very little was returned to the investors. To carry out the scheme, the conspirators are alleged to have made false and inconsistent promises to investors about the way the funds were invested and exaggerated the rates of return.
In execution of the Brazilian request for assistance, an application to enforce the Brazilian seizure order was filed in the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 2467, seeking to seize the virtual currency belonging to or controlled by Fagundes located in the United States. U.S. District Judge Trevor N. McFadden granted the U.S. government’s application and issued seizure orders directing the seizure of the virtual currency.
The U.S. Department of Justice’s Money Laundering and Asset Recovery Section (MLARS) International Unit and Office of International Affairs are working in close cooperation with the Brazilian authorities, the FBI Legal Attaché in Brasilia, the FBI in Boston, the FBI’s Virtual Currency Evolving Threat Working Group, and the U.S. Marshals Service to restrain the virtual currency and preserve it for forfeiture proceedings pending in Brazil to compensate the investors victimized in this fraudulent investment scheme. The forfeiture proceedings in the United States are being handled by MLARS International Unit Trial Attorney Jennifer Wallis.
The crypto currency firm holding the accounts cooperated with law enforcement authorities in executing this seizure.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Justice Department Announces Two Million Dollar Settlement of Race Discrimination Lawsuit Against Baltimore County, MarylandRead the Press Release
The Justice Department announced today that it has reached a settlement, through a court-supervised settlement agreement, with Baltimore County, Maryland, resolving the United States’ claims that the Baltimore County Police Department (BCPD) discriminated against African American applicants for employment in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin.
“This country’s communities are better protected and better served when police departments, like the one in Baltimore County, recruit and select qualified officers using job-related criteria,” said Assistant Attorney General Eric S. Dreiband of the Civil Rights Division. “When police departments fail to do so, and instead disproportionately screen out members of protected classes, they violate federal law. This settlement agreement requires the Baltimore County Police Department to develop and implement hiring criteria that do not discriminate on the basis of race and further reflects the Civil Rights Division’s continued commitment to the eradication of race discrimination in hiring through the vigorous enforcement of Title VII of the Civil Rights Act of 1964.”
Under the terms of the settlement agreement, subject to court approval, Baltimore County will pay $2,000,000 in back pay to eligible African Americans who were previously denied employment because of the employment tests challenged by the United States. The BCPD also must hire up to twenty of these previous applicants as entry-level police officers or cadets after the applicants demonstrate that they meet BCPD’s current qualifications for hire and successfully complete the county’s other selection requirements. In addition to back pay and priority hiring, the settlement agreement requires the county to develop a new hiring examination that is lawful under Title VII.
In a joint filing today in the U.S. District Court for the District of Maryland, the Justice Department and Baltimore County moved for a court order provisionally approving the terms of the settlement agreement. The motion also asks the court to schedule a fairness hearing to provide an opportunity for individuals potentially affected by the proposed agreement to provide comments on the terms of the settlement.
The proposed settlement, once approved by the District Court, will resolve the United States’ complaint filed on Aug. 27, 2019. The suit alleged that the county, through the Baltimore County Police Department, violated Title VII since Jan. 1, 2013, by making hiring decisions for entry-level police officer and cadet positions based on the results of hiring examinations that were not job-related and that disproportionately excluded African American applicants.
The case was brought by Trial Attorneys Kathleen Lawrence and Ejaz Baluch Jr. of the Civil Rights Division’s Employment Litigation Section. The full and fair enforcement of Title VII is a top priority of the Justice Department’s 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.
Justice Department Honors Law Enforcement Officers and Deputies in Fourth Annual Attorney General’s Award for Distinguished Service in PolicingRead the Press Release
Attorney General William P. Barr and Justice Department leadership today announced the recipients of the Fourth Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 23 law enforcement officers and deputies from 12 jurisdictions across the country.
The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. This year, the department received 214 nominations recognizing a total of 355 individual officers, deputies, and troopers. There were 39 states represented in the nomination pool, covering state, local, campus, sheriff, and other agency types.
“There is no career nobler than that of a police officer, and the 23 officers we honor this year demonstrate that clearly,” said Attorney General William P. Barr. “These individuals are distinguished in their service for field operations and criminal investigations – from investigating homicides to drug trafficking to sexual exploitation and assault – to making positive change in their communities through innovative outreach to local residents. Their actions are a testament to what law enforcement officers contribute to our nation each day, keeping us safe from violent crime and building more trusting communities, and they are deserving of our collective thanks. I am pleased to honor these 23 officers for their distinguished service in policing.”
The Department of Justice works closely with local law enforcement and strives to be a ready resource for them. The Attorney General’s Award for Distinguished Service in Policing is just one more way the department can show its continued commitment to the profession and honor the men and women who so bravely serve it.
Attorney General Awards for Distinguished Service in Policing 2020
CRIMINAL INVESTIGATIONS
Detective Kenneth Williams, Metropolitan Police Department (Washington, DC)
Detective Kenneth Williams, with the Metropolitan Police Department in Washington, DC, was determined to pursue a cold case file to bring a serial rapist and murderer to justice. For over twenty years, Detective Williams followed leads and pursued the case. His efforts ultimately led him to a town in South Carolina, where a suspect was taken into custody and extradited to Washington, DC.
Special Agent Ryan Kedley, Iowa Department of Public Safety (Iowa)
Special Agent Ryan Kedley orchestrated and oversaw one of the largest sexual exploitation investigations in Iowa state history. Kedley’s team discovered that, for almost 20 years, a local youth basketball coach had been secretly amassing thousands of videos and photos of his players and their friends. Investigators determined the coach had sexually assaulted at least 15 young men and victimized another 400, though the actual numbers are suspected to be much higher. The former coach is now serving a 180-year sentence in prison – the longest sentence possible for the charges he faced.
Detective Bryan Bennett, Detective Ty Deichert, Detective Fred Longobricco, and Detective Ian Ranshaw, Thornton Police Department (Colorado)
These four Thornton (CO) detectives diligently pursued a high-level Walmart credit card scheme that eventually led the detectives to partner with the F.B.I., the U.S. Postal Service, the Department of Homeland Security, and the State Department. Senior citizens in particular were targeted by this confidence scheme, who unknowingly became the source of millions of dollars of fraudulently obtained funds – funds that were eventually laundered and sold as gift cards overseas. The detectives conducted numerous surveillance operations, covertly went through the suspects’ trash on multiple occasions, spent days reassembling shredded gift cards, and ultimately followed their leads to East Asia. So far, two defendants have now pleaded guilty, and 25 other defendants are being monitored.
Detective Ryan Flood, Officer Vance Henning, Jr., and Investigator Denny Vokes, Fond du Lac County Sheriff’s Office (Wisconsin), Fond du Lac Police Department (Wisconsin)
These dedicated individuals sought to stem an increase in shootings, drug trafficking, illegal guns, and gang activity; and their work achieved just that, with illegal drugs, guns, and violent criminals removed from city streets and community trust revived. Forming a coalition that included agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office for the Eastern District of Wisconsin, over 50 active, armed participants in the illegal drug trade were identified, many with criminal gang ties. The investigation also led to a major firearms straw purchasing scheme. Hundreds of hours of surveillance, interviews with numerous suspects and dozens of warrant executions have led to the arrest of 35 suspects, with many more arrests and indictments still pending. These cases also involved the disruption of networks distributing cocaine, heroin, and methamphetamine, including the largest single heroin seizure in the history of Fond du Lac.
FIELD OPERATIONS
Officer Sherrelle Mitchell and Officer Felix Rivera, Philadelphia Police Department (Pennsylvania)
Sometimes lost in the narrative of American policing are the lives that officers save. This particular drama unfolded on an August night in Philadelphia, when Officer Felix Rivera was monitoring a large party. When he heard multiple gunshots Officer Rivera first radioed for help, and then rushed toward the shots. Officer Sherrelle Mitchell quickly sped to the scene. The officers found a gunshot victim bleeding profusely. After applying a tourniquet, the officers placed the victim in their vehicle and rushed to the hospital. On the way, the victim lost consciousness several times, and Officer Mitchell continued to perform CPR and chest compressions. The heroic actions of these officers saved a life that night.
Officer Natalie Eucce and Corporal Seay-Peter Floyd, Fayetteville Police Department (Arkansas)
In December 2019, in Fayetteville, Arkansas, an individual determined to assassinate law enforcement officers, and armed with 100 rounds of ammunition, approached a police car and fired 10 times, killing Officer Stephen Carr. Hearing the shots and seeing the suspect, Corporal Seay-Peter Floyd – with no regard for his personal safety – pursued the suspect and fired. Officer Natalie Eucce (Officer Carr’s partner) and Sergeant James Jennings joined Corporal Floyd in pursuing the suspect and fired as well. The suspect was pronounced dead on the scene. It is very likely more officers would have lost their lives that night, if it were not for the bravery of Corporal Floyd and Officer Eucce.
Sergeant Jason Thien, Curry County Sheriff’s Office (Oregon)
In Curry County, Oregon, Sergeant Jason Thien often works alone on his shift, where he services a 1,600-square mile county and more than eighty miles of the Pacific Coast Highway. Even so, he did not hesitate to give it his all when word came down of a widespread manhunt for a murder suspect, who was thought to be in Curry County. Working his contacts, combing property records, and using other investigative tools, he found his man. Thanks to Sergeant Thien’s dedicated efforts, he apprehended the subject, who will soon be facing charges.
INNOVATIONS IN COMMUNITY POLICING
Officer James Bryant, Detective Traves Humpherys, Officer Darling Mapes, Officer Strahinja Pavlovic, Detective David Shive, and Officer Luis Vidal, Las Vegas Metropolitan Police Department (Nevada)
The Bolden community had always been a challenge for police officers and it was very difficult to build trust with residents. Youth in the community also struggled, and the numbers showed poor academic records and low graduation rates. So when an area merchant wanted to create a free, fully accredited baseball league for youth, police officers jumped in to assist as coaches for the Bolden Little League (BLL). Just two years after it started, and as relationships between police officers and the children and their families strengthened, the league expanded to 14 teams and 186 children. The league focused on reducing violent crime by building trust and positively affecting the children and families involved; and the success was in the numbers, with the neighborhoods surrounding the park posting a 76 percent reduction in violent crime from 2018 to 2019.
Officer Philip Smith, Evansville Police Department (Indiana)
Officer Philip Smith is the symbol of community policing in Evansville, Indiana, where he serves as the special projects coordinator for the Evansville Police Department. His community outreach efforts have put a human face on the badge, and his efforts have encouraged the public to work with the police and the police to have an ally in the public. Smith runs the department’s Facebook page, which now has 45,000 subscribers – in a city of 117,000. His social media activity includes weekly videos celebrating different officers and community members, and photos of police and kids on department-sponsored trips to theme parks. He also helped create the department’s breast cancer awareness fundraiser, and established a program where salons and barbershops host officers for informal chats with their patrons. All this community outreach has meant that when the department now has to explain an officer involved shooting, or asks the public for help in recognizing a criminal, there is a community now pre-disposed to understand and work with the department more than ever before.
Officer Sally Landrum, Willingboro Police Department (New Jersey)
When the Willingboro Police Department named Officer Sally Landrum its inaugural Community Engagement Officer, she became the face of the department in her community. Her goal was to build trust and legitimacy by engaging residents of all backgrounds in positive interactions and she found a myriad of ways to do that. Officer Landrum dove into her new role with gusto, quickly earning the respect of local religious leaders and community organizations. Her initiatives include recruitment events; story times where police read to children at the local library; anti-drug programs in the schools; toiletry drives for the homeless; training on how to spot telephone scams and mail fraud for older adults; breast and prostate cancer awareness campaigns; food, coat, and toy drives; a resiliency program for officers in distress; and a community service diversion program for young offenders. Through these efforts, community residents now know they have a friend in the Willingboro Police Department, and both the department and the community are better for it.
Detective Archie Lidey, Grants Pass Department of Public Safety (Oregon)
When Josephine County, Oregon, suffered a funding crisis, Detective Archie Lidey zoomed into action. The situation was dire, with staffing reduced at the sheriff’s office and the jail, limiting the number of offenders that could be housed. Citations were issued to most criminal offenders instead of placing them under arrest. But Detective Lidey began a grassroots effort to find and maintain funding. As a founding member of Securing Our Safety (SOS), formed specifically to overcome the law enforcement–funding crisis, Detective Lidey organized a 5k race that grew to 700 participants in 2020. Lidey and SOS also raised over $60,000 to complete a study of local justice and law enforcement programs. They also formed a nonprofit called Grace Roots, to establish a residential treatment center for people with addictions; and he was key in establishing the Grants Pass Treatment Center, a methadone and suboxone treatment program for substance abuse addiction. Josephine County went from having no treatment facility to one that now sees more than 300 patients a day. And funding-wise, it has all paid off: since 2013, Detective has coordinated events and contributions that now total $324,000.
Illinois-Based Charter School Management Company to Pay $4.5 Million to Settle Claims Relating to E-Rate ContractsRead the Press Release
Concept Schools, NFP, has agreed to pay $4.5 million as part of a civil settlement to resolve allegations that it violated the False Claims Act by engaging in non-competitive bidding practices in connection with the Federal Communications Commission’s (FCC) E-Rate Program, the Department of Justice announced today.
The E-Rate Program, created by Congress in the Telecommunications Act of 1996, subsidizes eligible equipment and services to make internet access and internal networking more affordable for needy public schools and libraries.
“Today’s settlement demonstrates our continuing vigilance to ensure that those doing business with the government do not engage in anticompetitive conduct,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “Government contractors and schools that seek to profit at the expense of taxpayers will face serious consequences.”
The United States alleged that Concept Schools, a charter school management company located in Des Plaines, Illinois, rigged the bidding for E-Rate contracts between 2009 and 2012 in favor of chosen technology vendors so that its network of charter schools located in several states, including Illinois, Ohio, and Indiana, selected the chosen vendors without a meaningful, fair and open bidding process. Additionally, the government alleged that Concept Schools’ chosen vendors provided equipment at higher prices than those approved by the FCC for equipment with the same functionality. The government also contended that Concept Schools failed to maintain sufficient control over equipment reimbursed by the FCC, some of which was discovered missing.
Contemporaneous with the civil settlement, Concept Schools has agreed to enter into a corporate compliance plan with the FCC.
“E-Rate contractors and schools receiving E-Rate funds must understand and know that actions that undermine the contracting process, such as conspiring to rig competitive bidding, will not be tolerated and will be investigated aggressively,” said David L. Hunt, Inspector General of the FCC.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the FCC Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Education Office of Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Ghost Face Gangster sentenced to federal prison for meth traffickingRead the Press Release
WAYCROSS, GA: A methamphetamine trafficker who claims membership in a notorious white supremacist street gang has been sentenced to more than seven years in federal prison.
Danny Lamar Chancey, a/k/a “Toby,” 48, of Blackshear, Ga., was sentenced to 86 months in federal prison by U.S. District Court Judge Lisa Godbey Wood after pleading guilty to Possession with Intent to Distribute Methamphetamine, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Chancey will be required to serve three years of supervised release. There is no parole in the federal system.
“Meth and gangs are a toxic combination, and we will relentlessly fight for the eradication of both,” said U.S. Attorney Christine. “Putting a habitual criminal like Chancey behind bars is a good start – and instantly makes the Blackshear community a safer place.”
As described in court documents and testimony, a Pierce County Sheriff’s Office investigator and an officer from the Georgia Department of Community Supervision visited Chancey’s residence in September 2019 to investigate reports that he was selling methamphetamine. Because Chancey was on probation from a state conviction for possession of methamphetamine, his residence was subject to search.
Inside the residence, officers found multiple small and large bags containing methamphetamine, along with materials used for distribution and a notebook of information on the Ghost Face Gangsters, a violent white supremacist street gang. Chancey admitted his membership in the notorious gang, which started in Georgia’s prison system and spread into communities throughout the Southeast.
“We removed another menacing methamphetamine trafficker from the streets,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “This repeat offender can no longer distribute toxic doses of poison to the Blackshear community. This investigation was a success because of the great working relationship that DEA has with its law enforcement partners.”
The case was investigated by the Drug Enforcement Administration (DEA), the Georgia Department of Supervision, the Pierce County Sheriff’s Office and the Blackshear Police Department, and was prosecuted for the United States by Assistant U.S. Attorney Jennifer Kirkland.
New Jersey Man Sentenced to Prison for Tax Fraud ConspiracyRead the Press Release
A New Jersey man was sentenced to 78 months in prison today for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to court documents and statements made in court, between 2015 and 2016, Kenneth Crawford Jr. and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme in which they obtained fraudulent refunds from the IRS for their clients. Crawford promoted the scheme to individuals who were facing foreclosure or behind on their mortgage payments. He represented to them that they could extinguish their outstanding mortgage debts by filing tax forms with the IRS.
As part of the scheme, Crawford and his co-conspirators directed clients to file forms that fraudulently claimed that a substantial amount of taxes had already been withheld from them. These false claims caused the IRS to issue significant refunds to which the clients were not entitled. As a result of Crawford’s scheme, more than $2.5 million in fraudulent refunds were sought from the IRS, of which the IRS paid out more than $1.3 million. Crawford charged a fee of roughly 25 percent for each refund obtained.
When the IRS discovered the fraud and attempted to recover the previously issued refunds, Crawford provided clients with false documents to send to the IRS, directed clients to conceal from the IRS his role in filing the false returns, and advised clients to remove funds from bank accounts in their names in order to thwart IRS collection efforts.
On Dec. 17, 2019, a federal jury in Camden, New Jersey, convicted Crawford of conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws.
In addition to the term of imprisonment, U.S. District Judge Robert B. Kugler ordered the defendant to serve three years of supervised release and to pay approximately $1,393,511 in restitution to the United States.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Sean Green and Assistant Chief John Kane, who are prosecuting the case. He also thanked the U.S. Attorney’s Office for the District of New Jersey for its assistance and support during the investigation and prosecution of this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election DayRead the Press Release
The Justice Department today announced its plans for voting rights monitoring in jurisdictions around the country for the Nov. 3, 2020 general election. The Justice Department historically has monitored in jurisdictions in the field on election day, and is again doing so this year. The department will also take complaints from the public nationwide regarding possible violations of the federal voting rights laws through its call center.
“Federal law entrusts the Civil Rights Division with protecting the right to vote for all Americans,” said Eric S. Dreiband, Assistant Attorney General for the Civil Rights Division. “Our federal laws protect the right of all American citizens to vote without suffering discrimination, intimidation, and harassment. The work of the Civil Rights Division around each federal general election is a continuation of its historical mission to ensure that all of our citizens can freely exercise this most fundamental American right.”
The Civil Rights Division enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. Since the passage of the Voting Rights Act in 1965, the division has regularly monitored in a variety of elections around the country throughout every year to protect the rights of all voters, and not just in federal general elections.
On Nov. 3, the Civil Rights Division plans to send personnel to 44 jurisdictions in 18 states to monitor for compliance with the federal voting rights laws:
- Coconino County, Arizona;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Los Angeles County, California;
- Orange County, California;
- Broward County, Florida;
- Duval County, Florida;
- Hillsborough County, Florida;
- Miami-Dade County, Florida;
- Orange County, Florida;
- Palm Beach County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- City of Chicago, Illinois;
- Cook County, Illinois;
- Montgomery County, Maryland;
- City of Boston, Massachusetts;
- City of Lowell, Massachusetts;
- City of Malden, Massachusetts;
- City of Quincy, Massachusetts;
- City of Springfield, Massachusetts;
- City of Detroit, Michigan;
- City of Eastpointe, Michigan;
- City of Flint, Michigan;
- City of Hamtramck, Michigan;
- City of Highland Park, Michigan;
- City of Jackson, Michigan;
- Shelby Township, Michigan;
- City of Minneapolis, Minnesota;
- Bergen County, New Jersey;
- Middlesex County, New Jersey;
- Bernalillo County, New Mexico;
- Mecklenburg County, North Carolina;
- Wake County, North Carolina;
- Cuyahoga County, Ohio;
- Allegheny County, Pennsylvania;
- Lehigh County, Pennsylvania;
- Philadelphia County, Pennsylvania;
- Richland County, South Carolina;
- Harris County, Texas;
- Waller County, Texas;
- Fairfax County, Virginia;
- Prince William County, Virginia; and
- City of Milwaukee, Wisconsin.
As in past years, monitors will focus on compliance with the Voting Rights Act, and the other federal voting rights laws enforced by the division. Monitors will include civil rights personnel from the Civil Rights Division and civil rights and civil personnel from U.S. Attorney’s Offices. Civil Rights Division personnel will also maintain contact with state and local election officials.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Acts. The division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) to ensure that persons with disabilities have a full and equal opportunity to vote. The division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
On Election Day, Civil Rights Division personnel will be available all day to receive complaints from the public related to possible violations of the federal voting rights laws by a complaint form on the department’s website https://civilrights.justice.gov/ or by telephone toll-free at 800-253-3931.
Individuals with questions or complaints related to the ADA may call the department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or submit a complaint through a link on the department’s ADA website, at https://www.ada.gov/.
Complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the department after local authorities have been contacted.
Last week, the Justice Department announced its overall plans for the general election to protect the right to vote and secure the integrity of the voting process through the work of the Civil Rights Division, Criminal Division, National Security Division, and U.S. Attorney’s Offices.
More information about the federal civil rights laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt.
Florida Resident Pleads Guilty to Conspiracy to Falsify Clinical Trial DataRead the Press Release
A Florida resident pleaded guilty to conspiring to falsify clinical trial data regarding an asthma medication, the Department of Justice announced today.
Lisett Raventos, 46, of Miami, Florida, pleaded guilty today in the U.S. District Court for the Southern District of Florida today to one count of conspiracy to commit wire fraud. Raventos was the site director, the director of clinical operations, and a study coordinator at a medical clinic named Unlimited Medical Research (Unlimited Medical) in Miami, Florida. In pleading guilty, Raventos admitted that from approximately 2013 to 2016, she participated in a scheme to defraud an unnamed pharmaceutical company by fabricating the data and participation of subjects in a clinical trial at Unlimited Medical. The clinical trial was designed to investigate the safety and efficacy of an asthma medication in children between the ages of four and eleven. Raventos admitted that she falsified medical records to make it appear as though pediatric subjects made scheduled visits to Unlimited Medical, took study drugs as required, and received checks as payment.
“Clinical trials help ensure that new drugs are safe and effective for the public, and this defendant undermined that process,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The Department of Justice will continue to work hand-in-hand with the Food and Drug Administration (FDA) to investigate and prosecute fraudsters who put personal profit before public health.”
“Fraud in the conduct of clinical trials is simply unacceptable, especially where the drug under investigation was meant to serve children and other vulnerable populations,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida. “I thank our partners at the FDA’s Office of Criminal Investigations, Miami Field Office, for their work in investigating this scheme.”
“Reliable clinical trial data is a foundation for FDA drug approval. Falsifying that data leaves consumers at risk of taking drugs that are neither safe nor effective,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “We will continue to investigate and bring to justice those who endanger the public health when they engage in conduct that might subvert the FDA approval process.”
Raventos pleaded guilty before U.S. District Judge Beth Bloom. Raventos is the first defendant to plead guilty in connection with the scheme. Three other defendants were charged along with Raventos, and they are presumed innocent until proven guilty beyond a reasonable doubt. When sentenced, Raventos faces a maximum penalty of up to 20 years in prison.
Assistant Director Clint L. Narver and Trial Attorneys Joshua Rothman, Jocelyn Hines, and Kara M. Traster of the Department of Justice’s Consumer Protection Branch are prosecuting the case. The U.S. Food and Drug Administration’s Office of Criminal Investigations, Miami Field Office, investigated the case, and the U.S. Attorney’s Office of the Southern District of Florida has provided critical assistance.
Environment and Natural Resources Division Recognizes Employees for Outstanding Service at Annual Awards CeremonyRead the Press Release
The Environment and Natural Resources Division (ENRD) held its annual awards ceremony to highlight the past year’s achievements.
The ceremony, which was conducted virtually via a video celebration, recognized the outstanding work of many of the division’s attorneys and staff in the realm of civil and criminal environmental enforcement, defense of agency rulemakings, support of priority infrastructure projects, and other areas.
The 2020 Muskie-Chafee Award was presented posthumously to Karen M. Wardzinski, former Chief of ENRD’s Law and Policy Section. Karen was an exceptional legal mind, and great friend and colleague to all of those at ENRD until her recent passing. The 2020 Tom C. Clark II Award – which recognizes outstanding performance as trial counsel and mentoring – was presented to Michael C. Augustini, Senior Attorney in ENRD’s Environmental Defense Section. ENRD also recognized 58 other employees, contractors, and partners who made superior contributions to the division’s mission over the past year, including the Pandemic Network Team, led by IT Director Richard W. Tayman, which quickly stood up a near fail-proof infrastructure upon which ENRD’s workforce operated during the coronavirus pandemic.
The division highlighted the recent lodging of the settlement in the Daimler-Mercedes civil enforcement case, in which German automaker Daimler AG and its American subsidiary agreed to pay $875 million in civil penalties and approximately $70 million in other penalties for alleged emissions cheating. Furthermore, ENRD recognized teams of lawyers who counseled the U.S. Environmental Protection Agency and other client agencies to prepare the Waters of the United States (WOTUS), Affordable Clean Energy (ACE), new National Environmental Policy Act (NEPA) regulations, and other exceptionally complex and significant rules for legal challenges.
During the virtual ceremony, Principal Deputy Assistant Attorney General Jonathan D. Brightbill praised the staff’s commitment in the face of unprecedented challenges over the past year stating, “You worked tirelessly to adapt to the constraints imposed by the COVID-19 pandemic. You continued to execute our mission to uphold this Nation’s environmental laws, and their reforms, protect its wildlife and natural resources, and defend the public fisc. At the same time, many of you managed to care for high-risk family members, learn new ways of remote litigation, and run virtual learning academies for your kids at home. I am proud to say you did so without compromising the quality of our work in the slightest.”
The division’s virtual award ceremony is available on-line at: https://youtu.be/lyeRjDiJ2A8.
A video presentation of the 2020 Muskie-Chafee Award and honoring the career and life of service of Karen M. Wardzinski is available on-line at: https://youtu.be/SDtvME_SnSA.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Department of Justice Awards More Than $458 Million to Fight Violent CrimeRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced that it has awarded more than $458 million in grant funding to support state, local, and tribal law enforcement efforts to fight and prevent violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives that support local, state and tribal governments in their efforts to prevent and reduce violent crime. OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.3 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System. A list of the awards is available here.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at https://www.ojp.gov.
Memphis Physicians Agree to Pay More Than $340,000 for Alleged OverbillingRead the Press Release
Doctor Shoaib Qureshi, Doctor Imran Mirza, Memphis Primary Care Specialists, Lunceford Family Health Center, and Getwell Family Medicine agreed to pay $341,690 to resolve allegations that they violated the False Claims Act by knowingly charging Medicare for services rendered by nurse practitioners at the higher reimbursement rate for physician services, the Justice Department announced today.
Doctor Qureshi and Doctor Mirza are family medicine physicians who practice in and around Memphis, Tennessee. Doctor Qureshi owns and operates Memphis Primary Care Specialists and Lunceford Family Health Center; Doctor Mirza owns and operates Getwell Family Medicine.
“Healthcare providers who overcharge Medicare contribute to the soaring cost of health care,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “The department will continue to investigate and hold accountable those who seek to enrich themselves at the expense of federal health care programs and the American taxpayers.”
"Falsely billing Medicare for services by absent physicians encourages fraud, waste, and abuse of taxpayer funds and can ultimately harm patients," said D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee. "Settlements like this achieve provider accountability, protect public funds, and safeguard the beneficiaries of federal health care programs."
“Medicare is a system based on trust and depends on the integrity of health care providers,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Physicians have a duty to ensure claims are accurate in order to prevent the program from over-paying for the services rendered to patients.”
Medicare pays a higher rate for physician services than for non-physician services. Medicare will pay the higher physician rate for services rendered by non-physician providers if the services are “incident to” the services of a physician. Such “incident to” services, however, must be provided under the direct supervision of a physician. The United States alleged that, from 2015 to 2018, Doctor Qureshi, Doctor Mirza, and their clinics billed Medicare as though the physicians had provided the services in question, when in fact nurse practitioners had treated the patients without the supervision required by Medicare’s “incident to” rules. Indeed, the government alleged that the services were rendered when the physicians were out of the office, including times when they were traveling out of state or abroad.
The settlement resolves allegations filed in a lawsuit by Michael Grace under the qui tam provisions of the False Claims Act, which permit private individuals to sue for false claims on behalf of the government and to share in any recovery. The civil lawsuit is docketed in the Western District of Tennessee and is captioned United States; the States of California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Tennessee, and Texas; the Commonwealths of Massachusetts and Virginia; and the City of Chicago ex rel. Grace v. Tenet HealthCare Corp., St. Francis Hospital-Memphis, Desert Regional Medical Center, Apollo MD, Shoaib Qureshi, MD; and Imran Mirza, MD, Case No. 2:20-CV-2209. As part of this settlement, Grace will receive $58,087 as his share of the government’s recovery.
The resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Tennessee, and the Office of Inspector General for the U.S. Department of Health and Human Services.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Medtronic to Pay over $9.2 Million to Settle Allegations of Improper Payments to South Dakota NeurosurgeonRead the Press Release
Minnesota-based medical device maker Medtronic USA Inc. has agreed to pay $8.1 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce a South Dakota neurosurgeon to use certain Medtronic products, the Department of Justice announced today.
Medtronic also agreed to pay an additional $1.11 million to resolve allegations that it violated the Open Payments Program by failing to accurately report payments it made to the neurosurgeon to the Centers for Medicare & Medicaid Services (CMS).
“Kickbacks undermine the integrity of federal healthcare programs and increase costs borne by taxpayers,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “This case demonstrates the Department of Justice’s commitment to ensure that medical device manufacturers do not use improper financial relationships to influence physician decision-making.”
“We expect doctors to make medical decisions based on what is best for their patients, not what is best for their bank accounts,” said U.S. Attorney Ron Parsons for the District of South Dakota. “The quality of medical care is eroded – and patients and their families suffer – when companies and physicians enter into these sorts of under the table schemes to create illegal financial incentives to increase the use of medical devices.”
“Allegations of kickbacks are taken very seriously. Such actions threaten the integrity of federal healthcare systems,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG). “We will continue working with our law enforcement partners to protect patients and taxpayers.”
“CMS’ Open Payments Program is intended to promote transparency and accountability in the healthcare system. Manufacturers that misreport their financial relationships with healthcare providers erode the integrity of the Open Payments Program and will be held accountable,” said Brenna E. Jenny, HHS Deputy General Counsel and CMS Chief Legal Officer. “CMS looks forward to continued partnership with the Department of Justice to resolve allegations of manufacturers skirting their Open Payments obligations.”
The Anti-Kickback Statute prohibits directly or indirectly offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid, TRICARE, and other federal healthcare programs.
The settlement announced today resolves allegations that Medtronic agreed to the requests of South Dakota neurosurgeon, Wilson Asfora, M.D., to pay for social events at Carnaval Brazilian Grill, a restaurant Medtronic knew Asfora owned, including scores of expensive meals. Medtronic allegedly made the payments to benefit Asfora and induce him to use Medtronic’s SynchroMed II intrathecal infusion pumps, which are implantable devices used to deliver medication to patients. The United States alleged that Medtronic’s sponsored events at Asfora’s restaurant were social gatherings for which Asfora selected and invited his social acquaintances, business partners, favored colleagues, and potential and existing referral sources, while Medtronic paid for their meals and drinks. Over a nine-year period, Medtronic allegedly paid for more than one hundred events at Asfora’s restaurant.
This settlement also resolves Medtronic’s liability under CMS’ Open Payments Program, which was established by the Affordable Care Act and requires medical device manufacturers like Medtronic to disclose to CMS certain payments or other transfers of value to a physician like Asfora. The United States alleged that Medtronic made payments to Asfora’s restaurant at his request, knowing that Asfora owned the restaurant, but underreported those payments to CMS.
Asfora and two of his other companies are defendants in a separate FCA lawsuit in which the United States filed a complaint in November 2019, alleging that Asfora received kickbacks to use certain implants in his spinal surgeries. That pending case is captioned United States ex rel. Bechtold, et al. v. Asfora, et al., No. 4:16-cv-04115-LLP (D.S.D.).
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
The settlement was the result of an investigation by the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of South Dakota, and HHS-OIG. As part of the settlement, Medtronic agreed to cooperate with the Department’s investigations of and litigation against other parties, and the device maker took remedial action once it learned of the wrongdoing, including terminating a sales representative and sales manager and disciplining twelve other employees involved in the alleged misconduct.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot FraudRead the Press Release
Continuing a longstanding Justice Department tradition, Attorney General William P. Barr today issued the following statement: “Americans have the opportunity once again to help shape the future of this nation by exercising their right to vote. It is a right that forms the foundation of our democratic system of government, and is precious to all Americans. The Department of Justice will work tirelessly alongside other federal, state, and local agencies to protect that right as it is administered by state and local jurisdictions across the nation.”
In anticipation of the upcoming general elections, the Department of Justice today provided information about its particular efforts, through the Criminal Division, Civil Rights Division, and National Security Division, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or fraud in the election process.
Criminal Division and the Department’s 94 U.S. Attorney’s Offices:
The department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.
The Criminal Division’s Public Integrity Section and the department’s 94 U.S. Attorney’s Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as destruction of ballots, vote-buying, multiple voting, submission of fraudulent ballots or registrations, and alteration of votes, and malfeasance by postal or election officials and employees. The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin, or religion (as noted below, voter intimidation that has a basis in race, color, national origin, or religion is addressed by the Civil Rights Division).
The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as District Election Officers (DEOs) in the respective Districts. DEOs are responsible for overseeing potential election-crime matters in their Districts, and for coordinating with the department’s election-crime experts in Washington, D.C.
From now through Nov. 3, 2020, the U.S. Attorney’s Offices will work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible election fraud are handled appropriately. Specifically:
- In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers in U.S. Attorney’s Offices, FBI officials at headquarters in Washington, D.C., and FBI special agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open to receive complaints from the public.
- Election-crime complaints should be directed to the local U.S. Attorney’s Offices or the local FBI office. A list of U.S. Attorney’s Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
- Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorney’s Offices and the FBI regarding the handling of election-crime allegations.
All complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911; after alerting local law enforcement to such emergencies by calling 911, the public should contact the department.
Civil Rights Division:
The department's Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.
The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the Uniformed and Overseas Citizens Absentee Voting Act; the National Voter Registration Act; the Help America Vote Act; and the Civil Rights Acts. Among other things, collectively, these laws:
- Prohibit election practices that have either a discriminatory purpose or a discriminatory result on account of race, color, or language minority status;
- Prohibit intimidation of voters;
- Provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice (other than agents of their employer or union);
- Provide for accessible voting systems for voters with disabilities;
- Provide for provisional ballots for voters who assert they are registered and eligible, but whose names do not appear on poll books;
- Provide for absentee voting for absent uniformed service members, their family members, and U.S. citizens living abroad; and
- Provide for covered States to offer citizens the opportunity to register to vote through offices that provide driver licenses, public assistance, and disability services, as well as through the mail; and to take steps regarding maintaining voter registration lists.
The Civil Rights Division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) that prohibits discrimination in voting based on disability.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and vote suppression based on race, color, national origin, or religion.
On Election Day, Nov. 3, 2020, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote that will include the following:
- The Civil Rights Division will conduct monitoring in the field under the federal voting rights statutes.
- Civil Rights Division attorneys in the Voting, Disability Rights, and Criminal Sections in Washington, D.C., will be ready to receive complaints of potential violations relating to any of the statutes the Civil Rights Division enforces. Attorneys in the division will coordinate within the Department of Justice and will take appropriate action concerning these complaints before, during, and after Election Day.
- Individuals with complaints related to possible violations of the federal voting rights laws can call the department’s toll-free telephone line at 800-253-3931, and also can submit complaints through a link on the department’s website, at https://civilrights.justice.gov/.
- Individuals with questions or complaints related to the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or submit a complaint through a link on the department’s ADA website, at ada.gov.
- Once again, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911. They should also be reported to the department after local authorities are contacted.
National Security Division:
The department's National Security Division supervises the investigation and prosecution of cases affecting or relating to national security, including any cases involving foreign interference in elections or violent extremist threats to elections. In this context:
- The National Security Division’s Counterintelligence and Export Control Section oversees matters involving a range of malign influence activities that foreign governments may attempt, including computer hacking of election or campaign infrastructure; covert information operations (e.g., to promulgate disinformation through social media); covert efforts to support or denigrate political candidates or organizations; and other covert influence operations that might violate various criminal statutes.
- The National Security Division’s Counterterrorism Section oversees matters involving international and domestic terrorism and supports law enforcement in preventing any acts of terrorism that impact Americans, including any violent extremism that might threaten election security.
As in past elections, on Nov. 3, 2020, the National Security Division will work closely with counterparts at the FBI and our U.S. Attorney’s Offices to protect our nation’s elections from any national security threats. In particular, attorneys from both sections will be partnered with FBI Headquarters components to provide support to U.S. Attorney’s Offices and FBI Field Offices to counter any such threats. Again, complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911 and, after local authorities are contacted, then should also be reported to the department.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government. The department encourages anyone with information suggesting voting rights concerns or ballot fraud to contact the appropriate authorities, and notes in particular that the Department of Homeland Security plays its own important role in safeguarding critical election infrastructure from cyber and other threats.
Department of Justice announces the use of body-worn cameras on federal task forcesRead the Press Release
ST. LOUIS, MO— The Justice Department announced it will permit state, local, territorial, and tribal task force officers to use body-worn cameras on federal task forces around the nation. The department’s policy will permit federally deputized officers to activate a body-worn camera while serving arrest warrants, or during other planned arrest operations, and during the execution of search warrants. The policy is the result of a pilot program launched by the department last October.
“After spending a substantial amount of time examining this issue, assessing the results of the pilot program, and taking into account the interests and priorities of all the law enforcement agencies involved, I am pleased to announce that the department will permit the use of body-worn cameras on our federal task forces in specific circumstances,” said Attorney General William P. Barr. “The Department of Justice has no higher priority than ensuring the safety and security of the American people and this policy will continue to help us fulfill that mission.”
The Department of Justice, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the FBI; and the U.S. Marshals Service (USMS), partners with state, local, territorial, and tribal law enforcement on hundreds of federal task forces throughout the nation. Together, these task forces work to combat violent crime, stem the flow of illegal narcotics, and arrest dangerous fugitives.
On Oct. 28, 2019, after consulting with a number of state and local law enforcement associations, the Attorney General announced a pilot program to consider the use of body-worn cameras on federal task forces. In January 2020, federal task force officers in several pilot cities began using body-worn cameras on task force operations and concluded the pilot program on Sept. 1, 2020.
The department would like to thank the Houston Police Department, Detroit Police Department, Wichita Police Department, Salt Lake City Police Department and Park City Police Department for their participation in the pilot program, as well as all of the state and local law enforcement leaders that have provided input and guidance.
State and local agencies that would like to participate in DOJ’s task force body-worn camera program may contact the Special-Agent-in-Charge of the federal agency sponsoring the task force, or, in the case of USMS-led task forces, the federal district’s U.S. Marshal. Due to the large number of state and local agencies nationwide that may like to participate, federal agencies may establish a graduated process to onboard partner agencies to the body-worn camera program. This will ensure an orderly and coordinated process to deal with the technical, training, and operational considerations involved in establishing a large-scale body-worn camera program.
Click here to learn more about the body-worn camera policy.
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Department of Justice Announces the Use of Body-Worn Cameras on Federal Task ForcesRead the Press Release
Today, the Justice Department announced that it will permit state, local, territorial, and tribal task force officers to use body-worn cameras on federal task forces around the nation. The department’s policy will permit federally deputized officers to activate a body-worn camera while serving arrest warrants, or during other planned arrest operations, and during the execution of search warrants. The policy is the result of a pilot program launched by the department last October.
“After spending a substantial amount of time examining this issue, assessing the results of the pilot program, and taking into account the interests and priorities of all the law enforcement agencies involved, I am pleased to announce that the department will permit the use of body-worn cameras on our federal task forces in specific circumstances,” said Attorney General William P. Barr. “The Department of Justice has no higher priority than ensuring the safety and security of the American people and this policy will continue to help us fulfill that mission.”
The Department of Justice, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the FBI; and the U.S. Marshals Service (USMS), partners with state, local, territorial, and tribal law enforcement on hundreds of federal task forces throughout the nation. Together, these task forces work to combat violent crime, stem the flow of illegal narcotics, and arrest dangerous fugitives.
On Oct. 28, 2019, after consulting with a number of state and local law enforcement associations, the Attorney General announced a pilot program to consider the use of body-worn cameras on federal task forces. In January 2020, federal task force officers in several pilot cities began using body-worn cameras on task force operations and concluded the pilot program on Sept. 1, 2020.
The department would like to thank the Houston Police Department, Detroit Police Department, Wichita Police Department, Salt Lake City Police Department and Park City Police Department for their participation in the pilot program, as well as all of the state and local law enforcement leaders that have provided input and guidance.
State and local agencies that would like to participate in DOJ’s task force body-worn camera program may contact the Special-Agent-in-Charge of the federal agency sponsoring the task force, or, in the case of USMS-led task forces, the federal district’s U.S. Marshal. Due to the large number of state and local agencies nationwide that may like to participate, federal agencies may establish a graduated process to onboard partner agencies to the body-worn camera program. This will ensure an orderly and coordinated process to deal with the technical, training, and operational considerations involved in establishing a large-scale body-worn camera program.
Read the policy: Use of Body-Worn Cameras by Federally Deputized Task Force Member
Colorado Springs Agrees to Improve Stormwater Management in Settlement with the United StatesRead the Press Release
The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with the City of Colorado Springs, Colorado, to resolve violations of the Clean Water Act with respect to the City’s storm sewer system.
The settlement also includes the State of Colorado as a co-plaintiff, and the Lower Arkansas Valley Water Conservancy District and the Board of County Commissioners of the County of Pueblo as plaintiff-intervenors. The improvements made by the city under this settlement will result in significant reductions in the discharge of pollutants, such as sediment, oil and grease, heavy metals, pesticides, fertilizers, and bacteria, into Fountain Creek and its tributaries in Colorado Springs. Communities downstream of Colorado Springs will also see significant water quality improvements from the settlement.
The Department of Justice, the EPA and the State of Colorado alleged claims against the City of Colorado Springs in an amended complaint filed in the U.S. District Court for the District of Colorado on Jan. 26, 2017. The Lower Arkansas Valley Water Conservancy District, and the Board of County Commissioners of the County of Pueblo were joined as plaintiffs on Feb. 16, 2017. The amended complaint generally alleged that the City of Colorado Springs violated its National Pollutant Discharge Elimination System (NPDES) permit for its municipal stormwater management program by failing to require the installation and maintenance of stormwater management structures at residential and commercial developments. The complaint also alleged that the city failed to enforce requirements to prevent polluted stormwater from running off active construction sites.
The city has since taken significant steps to improve its stormwater management program. The proposed settlement requires the city to take additional actions, including developing standard operating procedures and increased staff training for critical elements of its stormwater management program. In addition, under the settlement the city will capture the volume of stormwater that was required to be captured under the city’s NPDES permit using an innovative approach that identifies capacity needs and the appropriate locations for adding capacity on a watershed basis. The proposed settlement also requires the city to mitigate the damage to Fountain Creek and its tributaries through stream restoration projects. These projects could include habitat restoration, channel restoration, constructed wetlands and similar projects intended to reduce stormwater pollutants entering Fountain Creek or its tributaries. The city will spend a total of $11 million on this mitigation. Finally, the City of Colorado Springs will pay a $1 million federal civil penalty. In lieu of paying a civil penalty to the state, the city will perform state-approved supplemental environmental projects valued at $1 million that will improve water quality in the Arkansas River, into which Fountain Creek flows south of the city.
“It is important to maintain the integrity of the Clean Water Act’s storm water program requirements,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division. “Through this settlement the City of Colorado Springs will ensure that the citizens of the City of Colorado Springs have a clean and safe storm water program and that downstream communities will be protected.”
“The EPA appreciates the hard work and cooperation from all the parties, including the City of Colorado Springs, to reach this comprehensive agreement that will avoid further litigation and hasten the actions needed to improve water quality in Fountain Creek and its tributaries,” said EPA Assistant Administrator Susan Bodine for the Office of Enforcement and Compliance Assurance. “This innovative settlement, developed through creative problem solving by engineers and scientists with the EPA, the state and the city, will provide the city with the flexibility it needs to attack the problems that have plagued its storm sewer system for two decades in a way that minimizes the burden on its rate payers.”
The City of Colorado Springs’ storm sewer system serves a population of more than 460,000 people and comprises approximately 250 miles of storm water ditches and channels, with more than 690 major outfalls, throughout the City of Colorado Springs. The City of Colorado Springs’ storm sewer system discharges to Monument Creek, Fountain Creek, Camp Creek, Cheyenne Creek, Shooks Run, and other waters within the Arkansas River watershed. The EPA and the Colorado Department of Public Health and the Environment, working in partnership, discovered the violations through inspections and follow up investigations of the City of Colorado Springs’ storm sewer program.
Stormwater pollution from municipal storm sewers can be a major contributor to poor water quality in receiving waters. Sediment from stormwater can degrade the quality of water for drinking, wildlife, and the aquatic and riparian ecosystems. Other pollutants, such as oil and grease, heavy metals, pesticides, fertilizers, and bacteria, also can be entrained in stormwater and discharged by municipal storm sewers into receiving waters, where they degrade water quality.
The proposed settlement, lodged today in the U.S. District Court for the District of Colorado, is subject to a 30-day public comment period and final court approval.
For more information on the settlement and for information on how to submit a comment, visit https://www.justice.gov/enrd/consent-decrees.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.