District Not Recorded

Hagatña, Guam – SHAWN N. ANDERSON, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands today announced $794,650 in Department of Justice grants to improve services for crime victims.  The grants, awarded by the Department’s Office of Justice Programs, are part of over $144 million distributed to enhance the response to victims of crime throughout the United States.  Recipients of this funding will include the following organizations:

• Judiciary of Guam - $399,312
   
• CNMI Department of Public Safety - $395,338

          The awards will advance the use of technology, improve community preparedness and law enforcement training, and provide emergency and transitional shelter to assist victims of crime. Programs will also support victims of child abuse and fund research projects related to perpetrators and victims of elder abuse. Approximately $64.3 million was awarded under Office for Victims of Crime grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking grant programs; and nearly $5.7 million was awarded under two National Institute of Justice grant programs.

          “The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

          U.S. Attorney Anderson stated, “We must never overlook that most crimes involve victims who suffer from the acts of others.  This significant federal funding will promote greater access to victim resources and services.  I applaud the efforts of these grant applicants in helping victims obtain justice.”

          “As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

          For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: 

https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf?utm_medium=email&utm_source=govdelivery

          More information about OJP and its components can be found at www.ojp.gov.

The Office of Justice Programs (OJP) today announced that it has awarded $261 million in grant awards to support mentoring services for youth and to protect children from abuse, exploitation and threats such as sex trafficking. Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement at an event with leaders and representatives of the Cal Ripken Sr. Foundation and local chapters of the Police Athletic League, along with local police chiefs.

“Young people in America face an array of challenges, from social and academic pressures to dangerous predators and lethal drugs. They are better equipped to meet those challenges with a model of care and compassion to guide them along,” said Sullivan. “These awards will support outstanding youth-serving organizations like the Cal Ripken Sr. Foundation, Big Brothers Big Sisters, Boys and Girls Clubs and their local affiliates across the country as they help youth discover their talents, find their purpose and realize their full potential. We are incredibly grateful to our mentorship programs, both nationally and locally. Badges in Blue and Badges for Baseball are great examples of successful community partnerships through law enforcement and mentoring.”

Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) will allow national, state and local organizations to provide mentoring to youth who are at risk of juvenile delinquency, victimization and juvenile justice system involvement. Funds also support the National Mentoring Resource Center, which last year provided training and other support to 362 school-, community- and faith-based mentoring programs that served more than 79,000 youth nationwide.

“We can take no greater step toward securing the future health and prosperity of our nation than by investing now in the physical safety and emotional resilience of our children,” said OJJDP Administrator Caren Harp. “These grants will give law enforcement officials, service providers and children’s advocates the resources they need to fight off predators, take kids out of harm’s way and help children overcome the effects of trauma.”

Mentoring programs supported by OJJDP help youth make connections with leaders and respected members of their communities, including law enforcement officers. Police and sheriffs’ departments have formed close and lasting bonds with young citizens, leading to greater trust and respect between law enforcement professionals and community members. Grants also address the impact of the addiction crisis on children and teens. Funds support mentoring in rural and other underserved communities hit hard by the opioid epidemic.

In addition, more than 100 sites are receiving grants from OJJDP and OJP’s Office for Victims of Crime to help find missing children, investigate and prosecute child exploitation cases, serve abused and neglected children, and assist minor victims of human trafficking.

Sullivan was joined today by Steve Salem, President and CEO of the Cal Ripken Sr. Foundation; V. Glenn Fueston Jr. of the Maryland Governor’s Office of Crime Prevention, Youth and Victim Services; Sergeant Kweise Dadzie from the Prince George’s Police Athletic League Badges for Baseball mentorship program; U.S. Attorney for the District of Maryland Rob K. Hur; and representatives of the Boys and Girls Club of Annapolis and Anne Arundel County, where the event was held.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit here and here.

Additional information about Fiscal Year 2020 grant awards made by OJP can be found online at the OJP Awards Data webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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 is located at www.ojp.gov.

A former Commander of Naval Station Guantanamo Bay (GTMO) was sentenced to 24 months in federal prison following his multiple convictions of obstructing justice and making false statements, in connection with the death of a civilian at the naval base.

Following a five- day trial, on Jan. 17, 2020, a federal jury in the Middle District of Florida convicted Captain John Nettleton, 53, of Jacksonville, Florida, of two counts of obstruction of justice, one count of concealment of material facts, one count of falsification of records, and two counts of making false statements, all related to his actions during the Navy’s investigation of the death of Christopher M. Tur, the Loss Prevention Safety Manager at GTMO’s Naval Exchange. 

Nettleton was sentenced by U.S. District Judge Timothy J. Corrigan who also ordered Nettleton to serve one year of supervised release.

Tur, 42, was found drowned in the waters of Guantanamo Bay on Jan. 11, 2015.  An autopsy revealed that Tur had suffered injuries prior to his drowning.  At the time of Tur’s death, Nettleton was the commanding officer of GTMO. 

“Nettleton misled and obstructed the investigators attempting to determine what happened to Mr. Tur, and this sentence ensures that he will pay a heavy price,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.  “That price, however, pales in comparison to that paid by the family of Mr. Tur, whose pain was compounded by Nettleton’s actions.  The Department of Justice was proud to work closely with the Naval Criminal Investigative Service (NCIS) to hold Nettleton accountable for his obstruction, concealment, and false statements.”

“By deliberately misleading NCIS in the search for Mr. Tur and the ensuing investigation into the circumstances of his death, Captain Nettleton delayed justice and wasted valuable Department of the Navy resources,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office.  “NCIS is dedicated to holding accountable those who unlawfully impede investigations."

The facts developed at trial showed that Tur confronted Nettleton at a party at the GTMO Officers’ Club on Jan. 9, 2015, with allegations that Nettleton and Tur’s spouse had engaged in an extramarital affair.  Later that same evening, Tur went to Nettleton’s residence and a physical altercation ensued that left Tur injured.  Tur was reported missing on Jan. 10, 2015, by other residents of GTMO.  Despite knowing that Tur had been at his residence and injured during the altercation, Nettleton falsely informed his superior officers and other Navy personnel that Tur had last been seen at the Officer’s Club the night before.  Nettleton also did not report that Tur had accused him of the extramarital affair, that Nettleton and Tur had engaged in a physical altercation at Nettleton’s residence, or that Tur had been injured.  Nettleton persisted in this concealment and these false statements as the search for Tur and then the investigation into the circumstances of his death continued.

NCIS investigated the case and Deputy Chiefs Todd Gee and Peter M. Nothstein of the Criminal Division’s Public Integrity Section prosecuted the case.

The Executive Office for Immigration Review (EOIR) announced the investiture of 20 new immigration judges today, including three new assistant chief immigration judges.  The introduction of this class marks the most recent step in the ongoing development and expansion of the nationwide corps of professional adjudicators who resolve questions regarding the legal status of aliens in the United States and adjudicate claims of relief or protection from removal, such as asylum or withholding of removal.

“To provide for timely, efficient, and lawful resolution of immigration cases, the Department of Justice has prioritized the growth of EOIR’s corps of immigration judges and expansion of courtroom capacity for these officials to hear cases,” said Deputy Attorney General Jeffrey A. Rosen.  “These have been longstanding challenges for the immigration system.”

Since Jan. 20, 2017, the department has increased EOIR’s immigration judge corps from 306 to 520 adjudicators – an increase of nearly 70 percent.  During that same period, the agency has opened 137 new courtrooms for immigration proceedings, an increase in courtroom capacity of more than 40 percent.  This expansion of critical space for immigration judges to operate and resolve requests for relief is the direct result of a strategic partnership between EOIR and the General Services Administration, which has fostered innovative approaches to acquiring and designing space for immigration proceedings.

“Since 2017, EOIR has responded to the calls of stakeholders by devoting expanded resources to the hiring of quality immigration judges and expanding opportunities for aliens to receive more timely resolution of their cases,” said EOIR Director James McHenry.  “I am proud of those efforts, and EOIR will continue to take steps to ensure every alien’s case is adjudicated in a timely manner consistent with due process.”

The names of each new judge along with his or her biographical description and assigned court location is attached in an EOIR notice available here.  Information about the operational status of immigration courts nationwide can be accessed here.

The Department of Justice today announced it has awarded more than $87 million to bolster school security, support first responders who arrive on the scene of a school shooting or other violent incident, and conduct research on school safety.

The 2018 STOP School Violence Act authorized the Justice Department to create a series of grant award programs under a School Violence Prevention Program. This year, the Department made 130 awards to schools, districts and other jurisdictions throughout the United States.  

“Only by removing the threat of violence from our schools can we expect our kids to reap the full benefits of their education, and only after making our places of learning safe can we ask our teachers to instruct and inspire as they are trained to do,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Department’s Office of Justice Programs. “The Department of Justice is committed to securing our schools from danger and giving our kids the support they need to learn, grow and thrive.”

The Bureau of Justice Assistance and the National Institute of Justice, within the Department’s Office of Justice Programs, manage the programs and administer the grants, which include funds to:

• train school personnel and educate students on preventing student violence against others and themselves, to include anti-bullying training;
• implement or improve school safety measures, including coordinating with law enforcement;
• train law enforcement to help deter student violence against others and themselves;
• improve notification to first responders through implementation of technology that expedites emergency notifications;
• develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
• train school officials to intervene when mentally ill individuals threaten school safety;
• provide training and technical assistance to schools and other awardees in helping implement these programs;
• examine the root causes of school violence;
• evaluate the effectiveness of the approaches to stopping school violence; and
• analyze the perspectives of STOP School Violence Act grantees.

For more details about these individual award programs, as well as listings of individual 2020 awardees, visit here . To see the fact sheet, with information on awardees and the award amounts, click here.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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.

Colorado tax defier Lawrence Martin Birk was sentenced to an additional 78 months in prison for failing to surrender to serve his previously imposed tax evasion prison sentence and for unlawfully possessing firearms, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

“Let the message from today’s sentencing be loud and clear: the Tax Division will vigorously pursue and prosecute those who defraud the United States and flee punishment, wherever they may go,” said Principal Deputy Assistant Attorney General Zuckerman.

Birk, 66, was found guilty of tax evasion by a jury in July 2019. According to court documents and evidence presented at trial, Birk founded a sole proprietorship, Tarryall River Log Homes LLC, which built and sold log homes. Although the company was profitable, Birk did not voluntarily pay federal taxes on its income. When the IRS began collection efforts, Birk hired a tax firm to prepare eight years’ worth of delinquent tax returns, but concealed from the firm $400,000 of retirement distributions. Even after filing returns, Birk still did not pay what the returns acknowledged he owed in taxes. Instead, he sent the IRS threatening correspondence and sought to impede its efforts to seize money from his bank accounts. He did not make any voluntary tax payments for 2006 through 2018.

Based on this conduct, on Oct. 30, 2019, U.S. District Judge Robert E. Blackburn sentenced Birk to 60 months in prison, to serve three years of supervised release, and to pay restitution to the IRS in the amount of $1,858,826.

Birk was ordered to report to prison to begin serving his sentence in November 2019. Instead, he fled Colorado with a fully automatic assault rifle, two pistols, over a dozen loaded magazines, hundreds of additional rounds of ammunition, ballistic helmets, ballistic vests, and gas masks. Birk remained a fugitive until he was caught and arrested in Florida in January 2020 and has been in custody ever since.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, who conducted the investigation, and Trial Attorney Christopher Magnani, who prosecuted the case. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

The Justice Department today filed suit against Yale University for race and national origin discrimination. The complaint alleges that Yale discriminated against applicants to Yale College on the grounds of race and national origin, and that Yale’s discrimination imposes undue and unlawful penalties on racially-disfavored applicants, including in particular most Asian and White applicants.

The complaint also alleges that Yale injures applicants and students because Yale’s race discrimination relies upon and reinforces damaging race-based stereotypes, including in particular such stereotypes against Yale’s racially-favored applicants. And, the complaint alleges that Yale engages in racial balancing by, among other things, keeping the annual percentage of African-American admitted applicants to within one percentage point of the previous year’s admitted class as reflected in U.S. Department of Education data. The complaint alleges similar racial balancing about Asian-American applicants.   

The department’s complaint alleges that Yale’s race and national origin discrimination violate Title VI of the 1964 Civil Rights Act. The lawsuit is the result of a multi-year investigation into allegations of illegal discrimination contained in a complaint filed by Asian American groups concerning Yale’s conduct.   

“Illegal race discrimination by colleges and universities must end,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This nation’s highest ideals include the notion that we are all equal under the law. For centuries, people from all over the world have learned of this ideal, left their ancestral homes, and come to the United States hoping that this country would live up to its ideals and that they and their families could enjoy equal opportunity and pursue the American dream. Countless Americans have pursued their dreams through higher education, and they continue to do so. All persons who apply for admission to colleges and universities should expect and know that they will be judged by their character, talents, and achievements and not the color of their skin. To do otherwise is to permit our institutions to foster stereotypes, bitterness, and division.” 

As a condition of receiving millions of dollars in taxpayer funding, Yale expressly agrees to comply with Title VI of the Civil Rights Act of 1964, a cornerstone civil-rights law that prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.  According to the complaint, Yale receives over $600 million annually in federal funds. 

Title VI provides in part, “No person in the United States shall, on the ground of race, color, or national origin, … be subjected to discrimination under any program … receiving Federal financial assistance.”  The U.S. Supreme Court repeatedly has struck down discriminatory admissions programs in higher education, and required such programs to be narrowly tailored and not unduly to burden innocent applicants in order to survive. Yale’s practices violate the law.

The Justice Department found Yale discriminates based on race and national origin in its undergraduate admissions process, and that race is the determinative factor in hundreds of admissions decisions each year. For the great majority of applicants, Asian Americans and Whites have only one-eighth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials. Yale rejects scores of Asian American and White applicants each year based on their race, whom it otherwise would admit. 

Although the Supreme Court has held that colleges receiving federal funds may consider applicants’ race in certain limited circumstances as one of a number of factors, the Department of Justice found Yale’s use of race is anything but limited. Yale uses race at multiple steps of its admissions process resulting in a multiplied effect of race on an applicant’s likelihood of admission. And Yale racially balances its classes.

Yale refused to agree to the Department of Justice’s demand that Yale refrain from using race or national origin in its current 2020-2021 undergraduate admissions cycle. Yale also failed or refused ever to end its use of race in admissions, and Yale declined even to propose any changes to its pervasive use of race. The department therefore notified Yale that efforts at voluntary compliance had failed and filed suit.

The Department of Justice today announced that its Office of Justice Programs (OJP) has issued a revised policy governing the award of grants for the purchase and operation of foreign-made Unmanned Aircraft Systems (UAS).  The new policy requires grant recipients to utilize OJP funds to procure and operate UAS only in a manner that promotes public safety, protects individuals’ privacy and civil liberties, and mitigates the risks of cyber intrusion and foreign influence.    

“We take seriously concerns about the use of foreign-made UAS and the potential for related data compromise,” said Deputy Attorney General Jeffrey A. Rosen.  “It is paramount that funding recipients take effective measures to safeguard sensitive information and the public’s privacy and civil liberties while operating these systems in a safe and secure manner.”

The new OJP Policy has two primary mechanisms to address potential cybersecurity and data privacy concerns. First, the Policy prevents OJP funds from being used to purchase or operate UAS manufactured or assembled by an entity that DOJ leadership has determined is subject or vulnerable to extrajudicial direction from a foreign government.  “This policy change helps ensure that our partners can use these valuable tools to support their law enforcement and public safety missions, without compromising information technology systems or sensitive law enforcement or privacy information,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. 

Second, the chief executive officer of the applicant’s jurisdiction seeking funds for purchase or operation of UAS must now certify in writing that, among other things, the applicant and recipient can mitigate the risks posed by malware or unauthorized collection of user information, data theft, or electronic hijacking, can secure communications and protect the security of stored information collected with UAS, and has a plan to address civil liberties-related complaints regarding use of UAS.  Applicants must be prepared to provide these policies and procedures to DOJ as a condition for receiving a grant for UAS.  Together, these and other provisions of the Policy will help foster a secure and robust UAS supply-chain for our nation’s public safety partners.

The revised policy can be found here.

Attorney General William P. Barr announced today the release of “Cryptocurrency: An Enforcement Framework,” a publication produced by the Attorney General’s Cyber-Digital Task Force.  The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the increasing prevalence and use of cryptocurrency; details the important relationships that the Department of Justice has built with regulatory and enforcement partners both within the United States government and around the world; and outlines the Department’s response strategies. 

“Cryptocurrency is a technology that could fundamentally transform how human beings interact, and how we organize society.  Ensuring that use of this technology is safe, and does not imperil our public safety or our national security, is vitally important to America and its allies,” said Attorney General Barr.  “I am grateful to the Cyber-Digital Task Force for producing this detailed report, which provides a cohesive, first-of-its kind framework for those seeking to understand federal enforcement priorities in this growing space.”

“At the FBI, we see first-hand the dangers posed when criminals bend the important technological promise of cryptocurrency to illicit ends," said FBI Director Christopher Wray.   “As this Enforcement Framework describes, we see criminals using cryptocurrency to try to prevent us from 'following the money’ across a wide range of investigations, as well as to trade in illicit goods like criminal tools on the dark web. For example, the cyber criminals behind ransomware attacks often use cryptocurrency to try to hide their true identities when acquiring malware and infrastructure, and receiving ransom payments. The men and women of the FBI are constantly innovating to keep pace with the evolution of criminals' use of cryptocurrency."

“The United States has been enormously successful blocking terrorists, rogue regimes, and their supporters from funding their activity using traditional currencies,” said Task Force member John C. Demers, Assistant Attorney General for the National Security Division.  “As the Cryptocurrency Enforcement Framework explains, we will adapt our strategy and tools to 21st century financing, including to combat the use of cryptocurrencies to evade enforcement and harm our national security.”

“Cryptocurrencies and distributed ledger technology present tremendous promise for the future, but it is critical that these important innovations follow the law.  The Cryptocurrency Enforcement Framework provides the public with important information intended to help them understand and comply with their obligations under the legal regimes that govern these new and fast-developing technologies,” said Task Force member Brian C. Rabbitt, the acting Assistant Attorney General for the Criminal Division.  “While the Department of Justice and its partners are committed to supporting the advancement of legitimate cryptocurrency technologies and uses, we will not hesitate to enforce the laws that govern these technologies when necessary to protect the public.”

Task Force member Beth A. Williams, who serves as Assistant Attorney General for the Office of Legal Policy, lauded the release of the Cryptocurrency Enforcement Framework:  “The Department of Justice is committed to protecting the public from current and emerging cyber threats, including those involving cryptocurrency and related technologies.  This Framework reflects the Department’s extensive cooperation with domestic and international partners in ensuring that we are adequately addressing these challenges, to the benefit of lawful cryptocurrency users and the public at large.”

The Enforcement Framework opens with an introductory essay authored by the Task Force’s chair, Associate Deputy Attorney General Sujit Raman. 

Then, in Part I, the Framework provides a detailed threat overview, cataloging the three categories into which most illicit uses of cryptocurrency typically fall: (1) financial transactions associated with the commission of crimes; (2) money laundering and the shielding of legitimate activity from tax, reporting, or other legal requirements; and (3) crimes, such as theft, directly implicating the cryptocurrency marketplace itself. 

Part II explores the various legal and regulatory tools at the government’s disposal to confront the threats posed by cryptocurrency’s illicit uses, and highlights the strong and growing partnership between the Department of Justice and the Securities and Exchange Commission, the Commodity Futures Commission, and agencies within the Department of the Treasury, among others, to enforce federal law in the cryptocurrency space.

Finally, the Enforcement Framework concludes in Part III with a discussion of the ongoing challenges the government faces in cryptocurrency enforcement—particularly with respect to business models (employed by certain cryptocurrency exchanges, platforms, kiosks, and casinos), and to activity (like “mixing” and “tumbling,” “chain hopping,” and certain instances of jurisdictional arbitrage) that may facilitate criminal activity.    

The Cryptocurrency Enforcement Framework is the second detailed report issued by the Attorney General’s Cyber-Digital Task Force, which was established in February 2018 to answer two basic questions:  How is the Department of Justice responding to global cyber threats?  And how can federal law enforcement accomplish its mission in this area more effectively?  An earlier Task Force report, published in July 2018, canvassed a wide spectrum of cyber threats, ranging from transnational criminal enterprises’ sophisticated cyber-enabled schemes, to malign foreign influence operations, to efforts to compromise our nation’s critical infrastructure, and articulated the Department’s priorities in detecting, deterring, and disrupting cyber threats.

Additional Cyber-Digital Task Force members include Andrew E. Lelling, United States Attorney for the District of Massachusetts, and two senior FBI executives.  Components from across the Department contributed to the Cryptocurrency Enforcement Framework’s drafting.

The Cryptocurrency Enforcement Framework can be downloaded here.

Note: The defendants in this case, Jayson Penn, Roger Austin, Mikell Fries, Scott Brady, and William Lovette, were acquitted by a jury of the charges alleged in the indictment.

A federal grand jury in the U.S. District Court in Denver, Colorado, returned a superseding indictment charging six additional defendants for their roles in a previously indicted conspiracy to fix prices and rig bids for broiler chicken products, and containing additional allegations against the previously charged defendants in the same conspiracy, the Department of Justice announced today.  The superseding indictment also charges one defendant with making false statements and obstruction of justice. 

“The division will not tolerate collusion that inflates prices American shoppers and diners pay for food,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “Executives who choose collusion over competition will be held to account for schemes that cheat consumers and corrupt our competitive markets.  The division will also continue to charge those who knowingly lie to our law enforcement partners and obstruct our investigations — such conduct undermines our criminal justice system and will be prosecuted to the fullest extent of the law.”

“The charges in this ongoing investigation show the commitment of the FBI and our partners to work together to uncover these crimes and hold these individuals responsible,” said James A. Dawson, Acting Assistant Director in Charge of the FBI Washington Field Office.  “To date, there have been 10 individuals charged for their participation in this conspiracy to fix prices and rig bids.  The American people and restaurant owners should not be the ones to pay unnecessary rising costs of food while executives and employees line their pockets.”

“We will continue to work with our law enforcement partners and the Department of Justice to root out corruption that harms consumers and the competitive market,” said Assistant Inspector General for Investigations Scott Kieffer of the U.S. Department of Commerce, Office of Inspector General.  “The superseding indictment should serve as a deterrent to those who might contemplate similar criminal actions.”

“We appreciate the ongoing commitment and concerted efforts of our law enforcement partners at the Department of Justice’s Antitrust Division, the Federal Bureau of Investigation, and the Department of Commerce, Office of Inspector General to investigate a long-running scheme affecting competition through the rigging of bids and price fixing of broiler chicken products,” said Special Agent-in-Charge Bethanne M. Dinkins of the U.S. Department of Agriculture (USDA), Office of Inspector General.  “During these uncertain times, USDA, OIG will continue to dedicate resources and prioritize work that benefits hard working Americans through competitive prices for agricultural producers and fairness in pricing and quality of agricultural products for consumers.” 

The three-count superseding indictment charges 10 executives and employees at major broiler chicken producers for their participation in a conspiracy to fix prices and rig bids for broiler chicken products from at least 2012 until at least early 2019.  Broiler chickens are raised for human consumption and sold to grocers and restaurants.  The six additional defendants are Timothy Mulrenin, William Kantola, Jimmie Little, William Lovette, Gary Roberts, and Rickie Blake.  Mulrenin was a sales executive at a chicken supplier headquartered in Maryland and a sales executive at a chicken supplier headquartered in Arkansas.  Kantola was a sales executive at a chicken supplier headquartered in Illinois.  Little was a sales director at a chicken supplier headquartered in Colorado.  Lovette was President and Chief Executive Officer at a chicken supplier headquartered in Colorado.  Roberts was an employee at a chicken supplier headquartered in North Carolina and a manager and director at a chicken supplier headquartered in Arkansas.  Blake was a director and manager at a chicken supplier headquartered in Arkansas. 

The previously indicted defendants who were co-conspirators in the same conspiracy and remain charged in the superseding indictment are Jayson Penn, Roger Austin, Mikell Fries, and Scott Brady.  All 10 individuals charged were executives or employees of several different companies that supply broiler chicken products in the United States.  Finally, defendant Little is charged with one count of making false statements to federal law enforcement agents in violation of 18 U.S.C. § 1001, and one count of obstruction of justice in violation of 18 U.S.C. § 1512(c)(2).  The investigation remains ongoing.     

An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The Sherman Act offense charged carries a statutory maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.  The false statements offense charged carries a statutory maximum penalty of 5 years imprisonment and a $250,000 fine.  The obstruction of justice offense charged carries a statutory maximum penalty of 20 years imprisonment and a $250,000 fine.

This case is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the broiler chicken industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Department of Commerce Office of Inspector General, Federal Bureau of Investigation Washington Field Office, and U.S. Department of Agriculture Office of Inspector General.  Anyone with information on price fixing, bid rigging, or other anticompetitive conduct related to the broiler chicken industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Illinois.  Operation Legend launched in Chicago on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

An Indiana man has been charged with a federal firearm offense for allegedly illegally selling dozens of handguns and assault rifles in the Chicago area.

Wayne Adam Tucker, 55, of Albion, IN, was charged with one count of dealing firearms without a license and one count of distribution of a controlled substance.  According to the charging document, Tucker sold 39 guns on four occasions from April 2019 to February 2020.  Three of the alleged sales occurred in south suburban Dolton, while one deal was allegedly conducted in Hammond, IN.  Unbeknownst to Tucker, the buyer in all of the deals was confidentially working on behalf of law enforcement, the complaint states.

It is alleged that Tucker carried out the four unlicensed sales of firearms to the confidential source on April 28, 2019, Aug. 17, 2019, Nov. 16, 2019, and Feb. 8, 2020.  In setting up the deals, Tucker allegedly explained to the confidential source that he had several people supplying him with firearms that had been purchased at gun shows in Indiana.

The drug charge accuses Tucker of selling approximately a pound of marijuana to the confidential source during the February transaction.

The details contained in the charging document are all allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

Two militant fighters for the Islamic State of Iraq and al-Sham (ISIS), a foreign terrorist organization, are expected to arrive in the United States today in FBI custody on charges related to their participation in a brutal hostage-taking scheme that resulted in the deaths of four American citizens, as well as the deaths of British and Japanese nationals, in Syria.

Former British citizens Alexanda Amon Kotey, 36, and El Shafee Elsheikh, 32, are expected to make their initial appearances in federal court in Alexandria, Virginia this afternoon.

“These charges are the product of many years of hard work in pursuit of justice for our citizens slain by ISIS.  Although we cannot bring them back, we can and will seek justice for them, their families, and for all Americans,” said Attorney General William P. Barr. “Our message to other terrorists around the world is this — if you harm Americans, you will face American arms on the battlefield or American law in our courtrooms. Either way, you will be pursued to the ends of the earth until justice is done.”

“Today, we remember the victims, Jim Foley, Steven Sotloff, Peter Kassig, and Kayla Mueller, and their families who are forever affected by these senseless acts of violence,” said FBI Director Christopher Wray. “These families have suffered with the painful loss of their loved ones at the hands of brutal killers; today's charges demonstrate the FBI's dedication and commitment to giving them the justice they deserve.  We, along with our partners in the U.S. Government, remain steadfast in our duty to bring to justice those who have harmed our citizens -- no matter where they are, and no matter how long it takes. I'm grateful to the men and women of the FBI, the victims' families, and our domestic and international partners, for their tireless efforts to bring us to where we stand today with the prosecution of these men on U.S. soil.”

According to allegations in the indictment, from 2012 to 2015, Kotey, Elsheikh, Mohamed Emwazi (deceased), and a fourth British citizen (CC-1) currently incarcerated in Turkey, were ISIS fighters and participated in the abduction of American and European hostages in Syria. The men also allegedly engaged in a prolonged pattern of physical and psychological violence against the hostages, including against American citizens James Wright Foley, Kayla Jean Mueller, Steven Joel Sotloff, and Peter Edward Kassig. Due to their English accents and their history together in the United Kingdom, the four men were often referred to by hostages as “The Beatles”.

From August 2014 through October 2014, ISIS released videos depicting Emwazi’s barbaric beheadings of Foley, Sotloff, and British citizens David Haines and Alan Henning. In November 2014, ISIS released a video depicting the decapitated head of Kassig. In January 2015, ISIS released videos with images of two dead Japanese citizens.

“Kotey and Elsheikh are alleged to have committed horrific crimes in support of ISIS, including hostage taking resulting in the deaths of four American citizens,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Their alleged acts have shattered the lives of four American families. What each these families have sought more than anything else is for these defendants to have their day in court. Well, that day has come. While we cannot return their loved ones or undo the pain that these families face each day, we can do everything possible to ensure that the defendants are held accountable for their alleged savage actions.”

According to allegations in the indictment, Kotey, Elsheikh, and Emwazi, worked closely with Abu Muhammed al-Adnani, a former leading ISIS commander and chief media spokesperson. Until he was killed in a United States military airstrike in August 2016, Adnani reported directly to Abu Bakr al-Baghdadi, the former self-proclaimed leader of ISIS. Baghdadi was killed during a United States military operation in Syria in October 2019.

“The indictments of Alexanda Kotey and Elshafee Elsheikh are the result of more than eight years of tireless work by the FBI Washington Field Office and personnel across the U.S. Government and the international law enforcement community,” said Acting Assistant Director in Charge James A. Dawson, FBI Washington Field Office. “These individuals allegedly conducted a litany of heinous and barbaric crimes as part of their duties as members of ISIS and for too long, the families of their victims have suffered while awaiting the day they would finally see justice for their loved ones. The men and women of the FBI remain dedicated to bringing the full force of the US justice system upon those who harm our citizens in furtherance of terrorism.”

Kotey, Elsheikh, and Emwazi met repeatedly with Adnani concerning the hostage-taking scheme and other matters. Between November 2012 and February 2015, Kotey, Elsheikh, Emwazi, and other ISIS fighters committed acts inflicting pain, suffering, cruelty and mistreatment on American, British, and other hostages in captivity.   

Throughout the captivity of the American hostages and others, Kotey, Elsheikh, and Emwazi allegedly supervised detention facilities holding hostages and were responsible for transferring hostages between detention facilities, in addition to engaging in a prolonged pattern of physical and psychological violence against hostages. From November 2013 to February 2015, Kotey and Elsheikh allegedly coordinated the Western-hostage ransom negotiations conducted by email. Kotey and Elsheikh knew and understood that the release of American and other hostages was conditioned on the transfer of large sums of money or concessions from the United States government, such as the release of Muslim prisoners.

According to allegations in the indictment, on or about April 25, 2014, Kotey, Elsheikh, and Emwazi forcibly moved the Italian, Danish, and German citizens, along with two other European humanitarian aid workers, to an isolated area approximately two miles from their prison to witness the execution of a Syrian prisoner. Kotey and Elsheikh knew and understood this execution was part of the hostage negotiation process. Emwazi executed the Syrian prisoner by shooting him in the back of the head and then numerous times in the torso as he fell into a grave. Kotey instructed the hostages to kneel at the side of the grave and witness the execution while holding handmade signs pleading for their release. Elsheikh videotaped the execution of the Syrian hostage, and after the execution the three men returned the European hostages to the prison with Elsheikh telling one hostage, “You’re next, [First name].”

The indictment alleges that ISIS fighters also forcibly seized the following additional individuals: Two United Kingdom citizens, an Italian citizen, a Danish citizen, a German citizen, four French citizens, three Spanish citizens, a New Zealand citizen, and a Russian citizen.

Kotey and Elsheikh were captured together in January 2018 by the Syrian Democratic Forces as they attempted to escape Syria for Turkey. Emwazi was killed in a United States military airstrike conducted in November 2015 in Syria.      

The American Victims

James Wright Foley – In November 2012, Kotey, Elsheikh, Emwazi, and other ISIS fighters forcibly seized and detained Foley, a citizen of both the United States and the United Kingdom. On or about Aug. 19, 2014, ISIS’s media center released a video depicting Emwazi beheading Foley.

Kayla Jean Mueller – In August 2013, ISIS fighters forcibly seized and detained Mueller in Syria. Beginning in or about October 2014, Baghdadi sexually abused Mueller against her will while she was held captive in Syria. On or about Feb. 7, 2015, Mueller’s family received an email from ISIS fighters confirming Mueller’s death in Syria.

Steven Joel Sotloff – In August 2013, ISIS fighters forcibly seized and detained Sotloff in Syria. On or about Sept. 2, 2014, ISIS’s media center released a video depicting Emwazi beheading Sotloff.

Peter Edward Kassig – In October 2013, ISIS fighters forcibly seized and detained Kassig in Syria. On or about Nov. 16, 2014, ISIS’s media center released a video depicting the decapitated head of Kassig.

Kotey and Elsheikh are each charged with conspiracy to commit hostage taking resulting in death; four counts of hostage taking resulting in death; conspiracy to murder United States citizens outside of the United States; conspiracy to provide material support to terrorists — hostage taking and murder — resulting in death; and conspiracy to provide material support to a designated foreign terrorist organization resulting in death. If convicted, each defendant faces a maximum penalty of life in prison.

The Department of Justice expresses its profound appreciation to the United Kingdom government as well as the Syrian Democratic Forces for their dedicated commitment to assist the United States in seeking justice for all the victims of the alleged crimes.  

This case is being investigated by the FBI’s Washington Field Office. The Justice Department’s National Security Division and Office of International Affairs provided valuable assistance.

First Assistant U.S. Attorney Raj Parekh, and Assistant U.S. Attorneys Dennis M. Fitzpatrick, John T. Gibbs and Aidan Taft Grano, and Trial Attorney Alicia Cook of the National Security Division‘s Counterterrorism Section (CTS) are handling the prosecution, with the assistance of CTS Deputy Chief Bridget Behling.

An indictment is merely an accusation. All defendants are presumed innocent until proven guilty.

ST. LOUIS, MO –A federal grand jury indicted Mark A. Bennett on one count of sexual exploitation of a child. The 47-year old is a resident of Ferguson, Missouri.

The investigation revealed Bennett to be in possession of more than 750 videos and images of child pornography involving children who appeared to be under the age of 12 years. Further, the investigation revealed that Bennett sexually abused a child who was under the age of twelve years, and produced child pornography by photographing his abuse of that child.

During the years that Bennett sexually abused the minor victim, Bennett was employed as a school security officer by the Ferguson-Florissant School District. Bennett was not a member of law enforcement nor employed by any police department.

Bennett faces a minimum punishment of 15 years imprisonment and a fine of up to $250,000. Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty. 

The Federal Bureau of Investigation, Missouri Internet Crimes Against Children Task Force and the St. Louis County Police Department Special Investigations Unit investigated this case. Assistant U.S. Attorney Jillian Anderson is handling the case.

Law enforcement is requesting community assistance in identifying further victims.  Anyone with information is asked to please contact the St. Louis County Special Investigations Unit at 314-615-8618.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of Eastern District of Michigan.  Operation Legend launched in Detroit on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A Detroit man was charged in federal court with drug trafficking and illegally possessing a firearm.

“Operation Legend is taking dangerous, armed drug dealers off of our streets and putting them where they belong, which is in federal prison and far away from the peaceful citizens of Michigan,” said U.S. Attorney Matthew Schneider for the Eastern District of Michigan. 

Eric Walker, 44, of Detroit, was charged with possession with intent to distribute heroin, cocaine, fentanyl, marijuana, and oxycodone, as well as being a felon in possession of a firearm.

According to court documents, law enforcement agents working as part of Operation Legend received tips that Walker had allegedly been selling cocaine, heroin, pharmaceutical pills, and marijuana.  Surveillance was set up at the location where Walker was allegedly dealing the drugs and officers observed several drug transactions take place.  Officers then executed a search warrant, where they located a black Delta Rex 9mm Handgun loaded with 13 live rounds; approximately 136 grams of suspected cocaine, approximately 23.5 grams of suspected heroin, 672 grams of suspected marijuana, approximately 4.5 amphetamine pills, and approximately 93 pills of suspected oxycodone; multiple phones/electronic devices; packaging materials and scales.  Preliminary lab results indicated the heroin was laced with fentanyl and the suspected cocaine is crack cocaine.

Walker is prohibited from possessing a firearm due to previous felony convictions, including second degree murder and assault with intent to murder.  

The details contained in the charging document are all allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Justice Department announced today that it reached a settlement with Security Management of South Carolina LLC (Security Management), a private security company that provides armed and unarmed security services throughout South Carolina and Georgia.

The settlement resolves claims that Security Management discriminated against a worker in South Carolina by withdrawing his conditional job offer because of the worker’s status as a naturalized U.S. citizen. The settlement further resolves claims that Security Management discriminated against work-authorized non-U.S. citizens in the state of Georgia by routinely limiting security officer positions to U.S. citizens without legal justification and posting job ads that deterred qualified non-citizens from applying.

“Companies cannot make hiring decisions based on how a worker became a U.S. citizen or post job advertisements with unlawful citizenship restrictions that deter qualified work-authorized applicants,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to ensuring that work-authorized individuals protected under the Immigration and Nationality Act have an opportunity to apply and be considered for employment opportunities based on their merits.”

The department’s investigation began after a naturalized U.S. citizen (an individual who was born in another country and later became a U.S. citizen) filed a discrimination complaint against Security Management. Prior to immigrating to the U.S., the worker served as an interpreter for U.S. military forces in Iraq. Based on its investigation, the department concluded that after the worker successfully applied for a job with Security Management in South Carolina, the company unlawfully withdrew the worker’s job offer because he is a naturalized U.S. citizen instead of a native-born citizen. The department also concluded that from at least April 2018 through December 2019, Security Management posted job advertisements that restricted security officer positions in Georgia to U.S. citizens, thereby excluding work authorized non-U.S. citizens, including lawful permanent residents, asylees, and refugees. The department determined that Security Management did not have a legal basis for restricting hiring in Georgia to U.S. citizens.

The Immigration and Nationality Act (INA) protects U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee.  Workers who fall outside of these categories are not protected from citizenship status discrimination under the INA. One example of citizenship status discrimination is when employers limit jobs to U.S. citizens or nationals as opposed to other protected individuals — to include asylees, refugees, and recent lawful permanent residents — without legal justification.

Under the terms of the settlement agreement, Security Management will pay a civil penalty of $60,000, establish a $75,000 back pay fund for affected workers, and pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. Security Management will also remove unlawful citizenship status restrictions from its job advertisements, revise its policies and procedures, train relevant employees about the requirements of the INA’s citizenship-status provision, and be subject to departmental monitoring for two years.

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. More information about how to avoid discrimination when recruiting and hiring workers is available here. For more information about protections against employment discrimination under immigration laws, 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.

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.

Members of the public can also report possible civil rights violations through the Civil Rights Division’s reporting portal.

The Department of Justice today awarded grants totaling over $144 million to enhance services for victims of crime across the United States.

“The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

All grant money being awarded today comes from offices within the department’s Office of Justice Programs (OJP). Approximately $64.3 million was awarded under Office for Victims of Crime (OVC) grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention (OJJDP) programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) grant programs; and nearly $5.7 million was awarded under two National Institute of Justice (NIJ) grant programs.

“As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

Grants awarded under FY 2020 OVC programs further the department's mission to enhance the field's response to victims of crime. Specific programs are:

• The Emergency and Transitional Shelter and Housing Assistance for Domestic Violence, Sexual Assault and Stalking Victims and their Companion Animals Grant program gives over $2.2 million to six organizations for shelter and transitional housing to victims of domestic violence, dating violence, sexual assault or stalking and their companion animals.
   
• The Improving Community Preparedness to Assist Victims of Mass Violence or Domestic Terrorism: Training and Technical Assistance Project awards nearly $3 million to provide individualized training and technical assistance to state, local and tribal law enforcement; units of government; emergency managers; victim service providers; and other stakeholders to help augment their community emergency management response plans to ensure that the needs of victims, families and first responders are addressed after incidents of criminal mass violence or domestic terrorism.
   
• The Advancing the Use of Technology to Assist Victims of Crime program gives over $6.2 million to five organizations to support projects that demonstrate innovative strategies to create, expand or enhance the use of technology to interact directly with crime victims and to provide information, referrals, crisis assistance and long-term help.
   
• The Addressing Female Genital Mutilation and Cutting program gives nearly $1.8 million to six recipients to address communities’ responses to victims of female genital mutilation and over $1 million to one organization to provide targeted technical assistance to inform front-line providers on how to identify and serve victims and persons at-risk of being victimized.
   
• The Targeted Training and Technical Assistance for VOCA Victim Assistance and Compensation Administrators program awards nearly $5 million specifically to provide peer-to-peer training on federal grants management and administration for Victims of Crime Act victim assistance grantees and subgrantees.
   
• The Crime Victims' Rights Legal Clinics program gives nearly $4 million to four recipients to enforce crime victims' rights at the federal level under the Crime Victims' Rights Act and at the state, local or tribal level under substantially similar state, local, or tribal laws. Another $1 million is awarded to a training and technical assistance provider to support the clinics as they launch or expand their crime victims’ rights clinics and train allied professionals.
   
• The Law Enforcement-Based Victim Specialist program gives over $8.6 million to 22 recipients to develop or enhance crime victim specialist programs within law enforcement agencies to better support victims through the criminal justice process, and another $2 million to one organization to support training and technical assistance for the grantees.
   
• The Crime Victim Compensation Program Assessment program gives nearly $2.4 million to seven recipients to help selected states assess victims' access to compensation programs with the goal of increasing the number of victims aware of this resource.
   
• The State Victim Liaison Project gives over $4.7 million to 10 organizations to place one or more experienced crime victim liaisons within selected VOCA State Administrating Agencies to act as a bridge between the state and other state-based nongovernmental organizations in order to identify gaps in victim services and improve access to resources for crime victims in rural/tribal areas, older victims of crime and victims of violent crime.
   
• The Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program awards nearly $2 million to provide training and technical assistance to enhance law enforcement's ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
   
• The Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
   
• The Enhancing Community Responses to America's Drug Crisis: Serving Our Youngest Crime Victims program gives over $12 million to 17 organizations to support direct services to children and youth who are crime victims as a result of the nation's addiction crisis; and nearly $1.5 million to one organization to support training and technical assistance for the direct services grantees. In addition, OVC will award $250,000 in continuation funding to the Modoc Tribe of Oklahoma to provide services to Tribal children and youth who are victimized as the result of the opioid crisis.
   
• The National Crime Victims’ Rights Week (NCVRW) Community Awareness Program gives $300,000 to an eligible organization to continue supporting public awareness, community outreach, and education activities for crime victims' rights and services during NCVRW in April 2021.

Grants awarded under FY 2020 OJJDP programs further the department’s mission of supporting the effective investigation and prosecution of child abuse and neglect cases.

• Under the Victims of Child Abuse Act Support for Children’s Advocacy Centers program, OJJDP awarded more than $18.3 million in continuation funding to the National Children’s Alliance in Washington D.C. This program will provide support to Children’s Advocacy Centers (CACs) through three funding categories: subgrants to local CACs, state chapters and multidisciplinary teams ($15.3 million); subgrants to provide services for victims of child pornography ($2 million); and efforts to help military installations address cases of child abuse, including subgrants to local CACs ($1 million).
   
• OJJDP also awarded $5 million in continuation funding to four organizations via the VOCA Regional Children’s Advocacy Center. This program supports regional centers, one situated within each of the four U.S. Census regions, that help to build and establish multidisciplinary teams (MDTs), local programs, and state chapter organizations that respond to child abuse and neglect; and deliver training and technical assistance that strengthen existing MDTs, local CACs and state chapter organizations.
   
• Through the Victims of Child Abuse Act (VOCA) Training and Technical Assistance for Child Abuse Professionals program, OJJDP awarded $2.5 million to the National Children’s Advocacy Center in Alabama. This program promotes improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court. The program will provide training and technical assistance to establish coordinated multidisciplinary programs that address child maltreatment.
   
• OJJDP awarded more than $10.8 million in continuation funding to the National Court Appointed Special Advocate Association in Washington under the Court Appointed Special Advocates Membership, Accreditation, and Subgrants Program and Training and Technical Assistance. This program aims to serve and improve outcomes for children in the dependency system; provide effective advocacy for abused and neglected children, including foster care youth; and build on the training and technical assistance program that OJJDP has developed in collaboration with the National CASA Association.
   
• OJJDP awarded more than $3.1 million to the National Council of Juvenile and Family Court Judges in Nevada under the Child Abuse Training for Judicial and Court Personnel program to improve juvenile justice and dependency systems’ response to child abuse and neglect, as well as child sexual exploitation and sex trafficking. This program provides judicial, legal and social service professionals with training and technical assistance to improve their understanding of child abuse; their ability to prevent placement in foster care when possible; and their ability to reunify families after foster care placement.
   
• OJJDP awarded more than $7.2 million to the National Children’s Alliance to support the American Indian and Alaska Native Subgrant Program. This program will support the expansion of new satellite CACs through the provision of subgrants to existing CACs in Alaska, and to tribes (or existing CACs serving tribes) interested in establishing a satellite CAC in the lower 48 states.
• Another $4.8 million was awarded to eight organizations through the Alaska Children’s Advocacy Center Expansion Initiative for Child Abuse Victims to support programmatic enhancements for existing Alaska-based CACs to increase the range and quality of services as well as specific infrastructure needs.
   
• Under the Training and Technical Assistance To Expand Children's Advocacy Centers Serving American Indian/Alaska Native Communities program, OJJDP awarded $1 million to the University of Montana to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CACs model and the multidisciplinary response to child abuse across American Indian/Alaska Native communities.
   
• OJJDP awarded $750,000 to the Choctaw Nation of Oklahoma via the Tribal Children’s Advocacy Center Expansion Initiative for Child Abuse Victims program to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CAC model and the multidisciplinary response to child abuse in tribal communities.
• OJJDP awarded $500,000 to the Alaska Children's Alliance (State Chapter) to enhance and expand the coordinated multidisciplinary investigation and prosecution of child abuse in Alaska through targeted training and technical assistance.

Grants awarded under FY 2020 SMART programs further the department’s mission of keeping communities safe by promoting innovation and best practices in preventing and protecting the public from sexual violence. Specific programs: 

• The National Sex Offender Public Website program awards over $900,000 for continued Maintenance and Operation of the Dru Sjodin National Sex Offender Public Website program.
   
• The Keep Young Athletes Safe program awards over $2.2 million to support the ongoing implementation of prevention measures to safeguard amateur athletes from sexual, physical and emotional abuse in the athletic programs of the United States Olympic & Paralympic Committee, each national governing body and each Paralympic sports organization.
   
• The Adam Walsh Act program awards over $16.7 million to 61 recipients to help jurisdictions develop and enhance programs designed to implement the Sex Offender Registration and Notification Act (SORNA), which provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. Almost $800,000 is being awarded to provide training and technical assistance to jurisdictions implementing SORNA standards.

Grants awarded under FY 2020 NIJ programs aim to evaluate and fund research projects related to perpetrators and victims of elder abuse. Specific programs:

• The Research and Evaluation of Victims of Crime program gives over $4.2 million to six recipients to evaluate programs that provide services for victims of crime and research the financial costs of victimization.
   
• The Research on the Abuse, Neglect and Exploitation of Elderly Individuals program awarded just under $1.5 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf.

In addition to the grants listed above, OJP awarded nearly $101 million in funding to combat human trafficking and provide vital services to trafficking victims throughout the United States. For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovchumantraffickingfactsheet.pdf.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Security Management of South Carolina, LLC (Security Management), una empresa privada de seguridad que presta servicios de seguridad armados y no armados en Carolina del Sur y Georgia. El acuerdo resuelve acusaciones de que Security Management discriminó a un trabajador en Carolina del Sur al retirar su oferta de trabajo condicional porque el trabajador era ciudadano estadounidense naturalizado. Más aún, el acuerdo resuelve acusaciones de que Security Management discriminó a trabajadores no ciudadanos de los EE. UU. que contaban con autorización para trabajar en el estado de Georgia al limitar, de forma rutinaria, a los puestos para agentes de seguridad a ciudadanos estadounidenses, sin tener fundamento jurídico para lo mismo, y al publicar anuncios de trabajo que disuadían a personas no ciudadanas de solicitar un puesto.

«A la hora de tomar decisiones en cuanto a la contratación, las compañías no pueden basarse en el medio por el cual un trabajador llegó a ser ciudadano de los EE. UU., ni tampoco pueden publicar anuncios de trabajo con restricciones ilícitas de ciudadanía que disuadan a postulantes con autorización para trabajar», afirmó Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «La División de Derechos Civiles se ha comprometido a garantizar que las personas con autorización para trabajar amparadas bajo la ley de Inmigración y Nacionalidad tengan una oportunidad de solicitar un puesto y ser consideradas para oportunidades laborales con base en sus méritos».

La investigación del Departamento comenzó después de que un ciudadano estadounidense naturalizado (es decir, un individuo que nació en otro país y luego se convirtió en ciudadano de los EE. UU.) presentó una denuncia de discriminación contra Security Management. Antes de inmigrar a los EE. UU., el trabajador había servido como intérprete para las fuerzas militares estadounidenses en Irak. Con base en su investigación, el Departamento concluyó que después de solicitar un puesto exitosamente con Security Management en Carolina del Sur, la compañía retiró, de manera ilegal, la oferta de trabajo del trabajador porque no es ciudadano nativo de los EE. UU. sino ciudadano naturalizado. Por otra parte, el Departamento concluyó que, desde al menos abril del 2018 hasta diciembre del 2019, Security Management publicó anuncios de trabajo que restringían puestos para agentes de seguridad en Georgia a ciudadanos de los EE. UU., lo que excluyó a trabajadores no ciudadanos de los EE. UU. que cuentan con autorización para trabajar, como residentes permanentes legales, asilados y refugiados. El Departamento determinó que Security Management carecía de fundamento legal para restringir su contratación en Georgia a ciudadanos de los EE. UU.

La ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) protege a ciudadanos de los EE. UU., nacionales de los EE. UU., refugiados, asilados y residentes permanentes legales recientes de discriminación por motivos de su estatus de ciudadanía en los procesos de contratación, despido y reclutamiento o recomendación por comisión. Aquellos trabajadores que quedan fuera de estas categorías no gozan, en virtud de la INA, de protección contra discriminación por motivos de su estatus de ciudadanía. Un ejemplo de discriminación por motivos de estatus de ciudadanía sería cuando un empleador restringe puestos de trabajo a ciudadanos y nacionales de los EE. UU., dejando fuera a otros individuos protegidos, entre ellos asilados, refugiados y residentes permanentes legales recientes, sin disponer de la base jurídica necesaria para tal restricción.

Conforme los términos del acuerdo conciliatorio, Security Management pagará una sanción civil de 60.000 $, establecerá un fondo de pagos retroactivos de 75.000 $ para trabajadores afectados y pagará 7.907.81 $ por concepto de pagos retroactivos al trabajador cuya denuncia de discriminación dio lugar a la investigación. Asimismo, Security Management quitará las restricciones ilícitas de estatus de ciudadanía de sus anuncios de trabajo, revisará sus políticas y procedimientos, capacitará a los empleados relevantes acerca de los requisitos de la disposición de la INA sobre el estatus de ciudadanía y se someterá a la supervisión por parte del Departamento durante dos años.

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.

Hay información adicional disponible aquí sobre cómo evitar la discriminación en el reclutamiento y la contratación de trabajadores. Para más información sobre protecciones contra la discriminación en el empleo, en virtud de las leyes migratorias, 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 de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); envíe un correo electrónico a IER@usdoj.gov; inscríbase a un seminario en línea gratuito; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

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 (Formulario I-9 e E-Verify) o sometidos a represalias pueden presentar una denuncia.

Miembros del público también pueden informarnos de posibles vulneraciones de derechos civiles mediante el portal de declaraciones de la División de Derechos Civiles.

The Office for Victims of Crime (OVC), a component of the department’s Office of Justice Programs (OJP), has released awards totaling more than $1.8 billion to state victim assistance and compensation programs to fund thousands of local victim assistance programs across the country and to provide millions in compensation to victims of crime.

OVC’s flagship formula grant program is supported by the Crime Victims Fund (the Fund), which was established under the Victims of Crime Act (VOCA). The Fund supports a broad array of programs and services that focus on helping victims in the immediate aftermath of crime and continuing to support them as they rebuild their lives. In FY 2019 alone, VOCA grants served over 7 million victims and paid more than $399 million in compensation claims.

“Advocates, service providers, and law enforcement agencies from around the country stand ready to help crime victims exercise their legal rights and reclaim their lives,” said Attorney General William P. Barr. “These new funding resources continue this administration’s unprecedented commitment to providing the support necessary for victims of crimes to be able to heal and recover.”

The vast majority of the over $1.6 billion in victim assistance funding goes to local direct service programs, including children’s advocacy centers, domestic violence shelters, rape crisis centers, human trafficking and elder abuse programs, civil legal services, crime victims’ rights enforcement, as well as victim assistance positions in prosecutors’ offices and law enforcement departments.

State victim compensation programs will receive over $133 million to supplement the state funds that offset victims’ financial burdens resulting from crime. This compensation is often extremely vital to victims who face enormous financial setbacks from medical fees, lost income, dependent care, funeral expenses, and other costs.

“Building on the historic amount of victim assistance and victim compensation funding awarded last year, these new awards have the potential to alter the landscape of the victims’ field, putting services and support within reach of every crime victim in America,” said Katharine T. Sullivan, OJP's Principal Deputy Assistant Attorney General. “Backed by an Attorney General whose commitment to crime victims is second to none, we are proud to make these resources available to help meet the emotional, psychological and financial needs that victims face in the aftermath of crime.”

“For crime victims, the first step toward healing and recovery is finding a place where trained, committed professionals can be counted on to provide compassionate services that meet fundamental physical and emotional needs,” said OVC Director Jessica E. Hart. “This funding, taken out of the hands of offenders and put to good use through local assistance organizations and state compensation programs, will enable advocates across the nation to support those in crisis and help victims find the justice they deserve.”

The Fund is financed by fines and penalties paid by convicted federal offenders and does not include tax dollars. Additional information about FY 2020 grant awards made by OVC can be found online at the OVC Awards Listing webpage.

The Department of Justice announced today that it reached a settlement with WinCraft, Incorporated (WinCraft), a Minnesota-based sports manufacturing company with locations in Iowa, Florida, and Washington. The settlement resolves claims that WinCraft violated the Immigration and Nationality Act (INA) by requiring lawful permanent residents to provide specific work authorization documentation without any legal justification because of their immigration status. 

“Companies large and small must abide by the Immigration and Nationality Act’s (INA) requirements not to discriminate,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We are pleased that WinCraft will work with the Department of Justice to ensure that its policies and practices comply with the INA’s requirements applicable to workers with the legal right to work in the United States.”

Based on its investigation, the department concluded that WinCraft required unnecessary and specific documents from lawful permanent residents, such as requiring these workers to show their Permanent Resident Cards (sometimes known as “green cards”), to prove their work authorization. Additionally, according to the department, WinCraft required that lawful permanent residents show updated proof of their work authorization when their Permanent Resident Cards expired, even though federal rules prohibit such practice and these workers continued to be authorized to work based on their status as lawful permanent residents.

Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status, or national origin.

Under the terms of the settlement, WinCraft will pay to the United States a civil penalty of $5,400, train its employees on the requirements of the INA’s anti-discriminatory provision (including through a training assessment and Civil Rights Division’s Immigrant and Employee Rights Section (IER) webinar), and be subject to departmental monitoring to review compliance with the settlement.

The Civil Rights Division’s 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.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the District of New Mexico.  Operation Legend launched in Albuquerque on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

An Albuquerque man was charged on Sept. 29, 2020, in federal court for possessing fentanyl, heroin, and more than a kilo of methamphetamine, as well as four firearms.

Toby Randall Walker, 36, was charged with possession with intent to distribute 500 grams and more of a mixture and substance containing methamphetamine, possession with intent to distribute 40 grams and more of fentanyl, possession with intent to distribute heroin and possession of a firearm in furtherance of drug trafficking.

According to the charging documents, on Sept. 29, agents from the Drug Enforcement Administration encountered Walker and located 1,490 grams of methamphetamine, 53.7 grams of fentanyl and 67 grams of heroin in his vehicle.  Agents also located four firearms.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Department of Justice announced today that Advanced Pain Management Holdings Inc. (APMH), its wholly-owned subsidiaries,  APM Wisconsin MSO (“APM MSO”) and Advanced Pain Management LLC (APM LLC); and Advanced Pain Management S.C. (APMSC) (collectively the “APM Entities”) have agreed to pay $885,452 to settle claims that they violated the False Claims Act by paying kickbacks and by performing medically unnecessary laboratory tests.  The APM Entities are headquartered in the Milwaukee, Wisconsin area. 

“Healthcare providers must make recommendations about their patients’ health without respect to their own financial interests,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division.  “We will continue to do our part to protect federal health care program beneficiaries and the American taxpayers from the corrupting influence of kickbacks designed to undermine the impartiality and integrity of physician decision making.”

“The financial arrangements pursued by APMH wrongly gave physicians an incentive to make medical decisions based on their own financial interests, rather than their patients’ interests,” said U.S. Attorney Matthew D. Krueger for the Eastern District of Wisconsin.  “Medicare and Medicaid only pay for procedures and tests that are medically necessary and untainted by kickbacks.  This settlement reflects our office’s continuing efforts to combat violations of the False Claims Act and improper arrangements under the Anti-Kickback Statute.”     

“It is imperative that the public has faith and trust that the decisions made by medical providers are based upon the best interests of their patients” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region.  “The specter of a payment of a kickback in any form or fashion diminishes that faith and trust and can lead to the improper payment and wasting of limited taxpayer dollars. The OIG will continue to work with our investigative partners to ensure the continued integrity of federally funded health care programs.”

The United States alleged that APMH improperly gifted shares of incentive stock to non-employee APMSC physicians who performed pain management procedures at APMH’s ambulatory surgical centers.  The incentive stock was to be redeemed upon a sale of APMH and was dependent on the profitability of APMH, which was determined largely by referrals from the non-employee physicians.  The incentive stock was allegedly given as a reward for past and anticipated referrals to APMH’s ambulatory service centers. 

The United States further contended that APMH paid non-employee APMSC physicians to serve as medical directors in a manner that was tied to the volume of procedures at APMH’s ambulatory surgery centers.  There were no written agreements documenting the services the medical directors were to provide, and the medical directors were not required to record or report any medical director functions.

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federally funded programs.  The Anti-Kickback Statute is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.

The United States alleged that the APM Entities performed confirmatory urine drug tests that were medically unnecessary.  For certain claims, providers allegedly failed to customize orders for confirmatory urine drug tests based on each patient’s individualized risk assessment and circumstances, resulting in a higher level of testing than supported by the medical record.  The APM Entities disclosed these improper urine drug test claims to the Department of Health and Human Services. 

The settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery.  The whistleblower will receive $142,152 as her share of the federal recovery in this case.

The APM Entities settlement with the United States is based on their ability to pay, and is part of a broader settlement that also resolves various state law claims.   

The case was handled by the U.S. Attorney’s Office for the Eastern District of Wisconsin with assistance from the Justice Department’s Civil Division, and the U.S. Department of Health and Human Services Office of Inspector General. 

The lawsuit is captioned United States, et al. ex rel. Hedstrom v. Advanced Pain Mgmt., et al., Case No. 13-C-556 (E.D. Wisc.). The claims settled by this agreement are allegations only, and there has been no determination of liability.

With the recent transfer of custody of four defendants, the United States has successfully repatriated all Americans held by the Syrian Democratic Forces (SDF) against whom criminal charges have been lodged for offenses relating to their support for ISIS.  The Department of Justice will review the facts and circumstances relating to any future detainees and, where warranted, bring additional charges against others.

“With this week’s repatriations, the United States has brought back every American supporter of ISIS known to be held by the Syrian Democratic Forces against whom we have charges,” said John C. Demers, Assistant Attorney General for National Security.  “The Department of Justice has worked tirelessly over the years to prevent individuals from leaving America to fight for ISIS and other terrorist groups in Syria and to investigate, repatriate and charge people who willingly left to support these organizations.  This was our moral responsibility to the American people and to the people of the countries to which these terrorists traveled.  The Department has also supported the efforts of other responsible nations to do the same, including by sharing evidence and know-how.  We will continue to do so for any country that takes responsibility for their citizens who left to take up arms in support of ISIS’s reign of hate and intolerance.” 

“Preventing terrorism remains the FBI’s top priority.  Through the hard work and dedication of countless men and women across the FBI and the U.S. government, nearly a dozen citizens have been repatriated from Iraq and Syria over the past several years to face the American justice system,” said John Brown, FBI Executive Assistant Director for National Security.  “This announcement should serve as a warning to those who travel, or attempt to travel, to join and fight with ISIS.  We remain vigilant in our efforts to prevent terrorism as well as hold terrorists, and those who provide support to terrorist organizations, accountable for their actions.  We will continue to work closely with our U.S. government and international partners to present a united front against global terrorism.”

“The United States continues to lead by example by working with the Syrian Democratic Forces to repatriate American citizens accused of supporting ISIS and, where appropriate, prosecuting their alleged crimes in American courts,” said Ambassador Nathan Sales, State Department Coordinator for Counterterrorism. “We call on other nations, particularly in Western Europe, to take responsibility for their citizens, and we thank the FBI and the Department of Justice for their continued commitment to keeping alleged terrorists off of the battlefield.”

The Recently Repatriated

Emraan Ali and Jihad Ali: On Sept. 30, 2020, Emraan Ali and Jihad Ali made their initial appearance in the Southern District of Florida.  Emraan Ali is charged in a complaint with providing and attempting to provide material support to ISIS.  Jihad Ali is charged in a complaint with conspiracy to provide material support to ISIS. According to the criminal complaints, in March 2015, Emraan Ali traveled to Syria with his family, including his son, Jihad Ali, to join ISIS.  Both Emraan Ali and Jihad Ali received military and religious training and served as fighters in support of the terrorist organization.  Emraan and Jihad Ali finally surrendered to the SDF near Baghuz in March 2019, during the last sustained ISIS battles to maintain territory in Syria.

Abdelhamid Al-Madioum: On Sept. 16, 2020, Abdelhamid Al-Madioum, made his initial appearance in the District of Minnesota on an indictment charging him with providing material support to ISIS. According to the allegations in the indictment and a law enforcement affidavit, from July 8, 2015, through March 15, 2019, Al-Madioum knowingly provided material support and resources, including personnel (namely himself) and services to ISIS.  On June 23, 2015, Al-Madioum, a native of Morocco and naturalized U.S. citizen, and his family traveled from St. Louis Park, Minnesota, to Casablanca, Morocco, to visit their extended family.  On July 8, 2015, Al-Madioum left Morocco and traveled to Istanbul, Turkey, and then on to Iraq and Syria, where he joined ISIS.  In March of 2019, Al-Madioum was captured and detained by the SDF.

Lirim Sylejmani: On Sept. 16, 2020, an indictment was unsealed in the federal district court of the District of Columbia charging Lirim Sylejmani, a Kosovo-born naturalized U.S. citizen, with conspiring to provide, providing, and attempting to provide material support to ISIS, and receiving training from ISIS. According to the allegations in the indictment, from November 2015 through February 2019, Sylejmani conspired to provide and provided material support and resources, including personnel and services, to ISIS in Syria and received military training from the terrorist organization.  The defendant was captured by the SDF in 2019 and has spoken to a number of media outlets about his time with ISIS.

Those Previously Repatriated From Syria and Iraq

Prior press releases relating to the six other defendants who were repatriated from Syria and Iraq are included below.  For the latest updates on the cases, please check PACER or contact the relevant U.S. Attorney’s office.

Samantha Marie Elhassani – Northern District of Indiana:

https://www.justice.gov/opa/pr/former-indiana-resident-pleads-guilty-concealing-terrorism-financing

Warren Christopher Clark – Southern District of Texas:

https://www.justice.gov/opa/pr/texas-man-arrested-attempting-provide-material-support-designated-foreign-terrorist

Ibraheem Izzy Musaibli – Eastern District of Michigan:

https://www.justice.gov/opa/pr/michigan-man-who-joined-isis-charged-additional-offenses

Ruslan Maratovich Asainov – Eastern District of New York:

https://www.justice.gov/opa/pr/american-citizen-alleged-isis-sniper-and-weapons-instructor-indicted-providing-material

Omer Kuzu – Northern District of Texas:

https://www.justice.gov/usao-ndtx/pr/repatriated-isis-fighter-pleads-guilty-terror-charge

Mohamad Jamal Khweis – Eastern District of Virginia:

https://www.justice.gov/opa/pr/american-sentenced-20-years-joining-isis

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Ohio.  Operation Legend launched in Cleveland on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A federal grand jury in Cleveland has returned a four-count indictment against a man on charges of drug trafficking and illegally possessing a firearm.  

"This defendant is accused of illegally possessing an AR-15 rifle and large quantities of deadly narcotics," said U.S. Attorney Justin Herdman.  "Additionally, this defendant has a record of previous drug trafficking and felony offenses.  This case is a prime example of what we are seeking to accomplish under Operation Legend.  Using federal resources and law enforcement partnerships, we are targeting drug traffickers, repeat offenders, violent criminals and those who illegally possess a firearm with intentions of causing havoc in our communities."

Edward T. Harris, 40, of Cleveland, was charged with two counts of possession with intent to distribute a controlled substance and one count of felon in possession of a firearm.

According to court documents, law enforcement agents working as part of Operation Legend executed a search warrant at Harris’ residence.  During the search, agents seized 294 grams of a heroin and fentanyl mixture, 2.59 grams of crack cocaine, an AR-15 rifle and a 9mm semi-automatic pistol.

Harris is prohibited from possessing a firearm due to previous felony convictions.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend
Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Department of Justice’s Antitrust Division announced today that it has completed its review of the proposal by the International Swaps and Derivatives Association Inc. (ISDA) to amend its standardized model documentation for derivatives to account for the potential discontinuation of certain interbank offered rates (collectively referred to as “IBORs”).  The department has concluded, based on the representations in ISDA’s letter request, including its description of certain safeguards, that ISDA’s proposed amendments to its standardized documentation are unlikely to harm competition.  Therefore, the department does not presently intend to challenge ISDA’s proposed amendments to its standardized documentation for derivatives.

“ISDA’s process, including its cooperation with government regulators and its consultation-driven process for obtaining feedback from industry participants, has had the effect of clarifying the practical issues involved in planning for when LIBOR and other IBORs are no longer available and preparing for a smooth transition away from IBORs to other reference rates,” said Assistant Attorney General Makan Delrahim.  “ISDA has put in place safeguards to avoid harm to competition, such as making the selection of the fallback rates voluntary, which allows contracting parties the flexibility to designate alternative competitive rates they may think are more appropriate.”

According to the department’s business review letter, ISDA’s model documents are widely used by financial institutions to engage in swaps, forwards, and other types of derivatives contracts such as interest rate and credit default swaps.  These derivatives contracts incorporate various interbank offered rates (IBORS), including the London Inter-Bank Offered Rate (LIBOR).  Derivatives allow financial institutions to hedge risks they incur when lending or borrowing money.

The department’s business review letter recognizes that ISDA’s proposed amendments to its standardized documents for derivatives contracts are part of a larger effort to use alternative reference rates in financial instruments in the place of IBORs.  This is in part because investigations by U.S. and regulators from other jurisdictions uncovered explicit manipulation of the submissions from certain banks to administrators of LIBOR and other interest rate benchmarks. In addition, the United Kingdom’s Financial Conduct Authority, LIBOR’s regulator, has publicly stated that firms cannot rely on LIBOR being published after 2021. To account for this eventuality, ISDA worked with regulators and industry participants to propose amendments to ISDA’s standardized documentation to incorporate fallback rates and calculation methods so that market participants can, if they so choose, refer to different rates in future derivatives contracts and efficiently amend existing contracts to incorporate the different rates. 

Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the department currently intends to challenge the action under the antitrust laws based on the information provided.  The department’s conclusions in this business review apply only to ISDA’s Proposed Supplement and Proposed Protocol modifying its standardized documentation.  This business review is not applicable to any other agreements, supplements, proposals, or initiatives relating to ISDA’s work.  The department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.

Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division.  After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure.  Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at atrdocs.grp@usdoj.gov.

The Department of Justice today awarded grants totaling $9.4 million to combat elder abuse and financial fraud targeted at seniors across the United States. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. Attorney General William P. Barr announced the awards on the 30th anniversary of the International Day of Older Persons.

“Predators who target older citizens for fraud, financial scams and physical abuse are particularly despicable, turning the golden years of our nation’s seniors into a period of poverty and suffering,” said Attorney General William P. Barr. “The Department of Justice is taking aggressive action, pursuing all legal avenues to bring these criminals to justice and supporting law enforcement officials and service providers as they ferret out scam artists, arrest abusers, and bring aid and relief to victims.”

Approximately $7.9 million of the funds were awarded to jurisdiction and service providers in the United States under two of Office of Justice Programs' (OJP) Office for Victims of Crime (OVC) grant programs. OJP’s National Institute of Justice (NIJ) awarded the remaining $1.4 million for related research projects.

“With lockdowns in place across the country, older adults are especially vulnerable to fraud, neglect and abuse, and criminals have not hesitated to take full advantage,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants, which build on previous Department of Justice investments, will help to turn the tide of deception and predation and restore victims to fiscal security and physical safety.”

Under the direction of Attorney General Barr, the Department of Justice is attacking elder fraud and abuse from all sides. A National Elder Justice Coordinator oversees the department’s work to combat elder fraud, and each of the 94 U.S. Attorneys’ Offices has a prosecutor dedicated to addressing elder justice issues. This past March, the Attorney General announced the results of the largest elder fraud sweep ever conducted, with prosecutors charging more than 400 defendants and the charged elder fraud schemes causing alleged losses of over a billion dollars. Also in March, he launched a national initiative to pursue nursing homes that provide grossly substandard care and a National Elder Fraud Hotline managed by OVC.

FY 2020 grants awarded by OVC and NIJ further the department's mission and priorities by funding direct victim services and research projects that enhance the field's response to victims of elder abuse and financial exploitation. Specific programs being funded include the following:

• OVC’s Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
• OVC’s Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program (previously announced) awarded over $1.9 million to provide training and technical assistance to enhance law enforcement's ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
• NIJ’s Research on the Abuse, Neglect, and Exploitation of Elderly Individuals program awarded over $1.4 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.

For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/elderabusefactsheet.pdf. More information about OJP and its components can be found at www.ojp.gov.

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the launch of two new public resources that increase access to information about immigration law and EOIR proceedings. The Immigration Court Online Resource (ICOR) and the Pro Bono Portal also provide information about representation before EOIR’s immigration courts and Board of Immigration Appeals that benefits both aliens in proceedings and those representing such respondents.

“EOIR is committed to providing helpful and accurate information to all parties before our immigration courts and the Board of Immigration Appeals,” said EOIR Director James McHenry. “ICOR expands our Immigration Court Helpdesk program, providing useful information to parties regarding immigration proceedings. Further, the Pro Bono Portal makes information about free legal representation more accessible to attorneys and aliens.”

ICOR is a web-based tool that provides respondents, appellants, and representatives, and other interested parties, with a centralized location for resources pertaining to immigration proceedings before EOIR. As an expansion of the Immigration Court Helpdesk program available in five immigration courts, ICOR provides similar information – every day and at all hours – to anyone with access to the Internet. This information helps users better prepare for immigration proceedings, legal representation in such proceedings, and practice before EOIR’s adjudicators. ICOR also includes a tool that respondents can use to access general information about the forms of relief from removal or protection for which they may be able to apply. This mobile-friendly web resource is available in English and Spanish.

The Pro Bono Portal allows non-profit organizations, referral services, and private attorneys to initiate, manage, and renew their applications to be included on the EOIR List of Pro Bono Legal Service Providers. Individuals and entities can still apply by mailing a completed EOIR-56 form to the list administrator at EOIR Headquarters, but the Portal will provide a more convenient and efficient application process.

On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act (the “Act”).  The Act reauthorizes the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) and repeals the sunset provision therein.

“We thank President Trump and both the Senate and the House of Representatives for their bipartisan action and recognition of ACPERA’s importance in the fight to safeguard our free markets and protect American consumers from collusion,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The division wholeheartedly agrees with Congress’s findings that ‘[c]onspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States.’”

Congress enacted ACPERA in 2004 in part to provide greater incentives for corporations to self-report and cooperate pursuant to the Antitrust Division’s Corporate Leniency Policy.  Since 2004, ACPERA’s provisions have substantially strengthened the Antitrust Division’s ability to detect and prosecute anticompetitive cartel activity through the Leniency Program.

From Fiscal Year 2010 to 2019, the Antitrust Division’s criminal prosecutions have resulted in over $9 billion in criminal fines and penalties, along with jail terms for more than 250 individuals.  Since the fall of 2019 alone, the division obtained four criminal fines and penalties at or above the Sherman Act’s $100 million statutory maximum, and prosecuted antitrust violations affecting generic drugs, cancer patients, grocery store staples, and financial markets.

ACPERA will continue to mitigate a successful leniency applicant’s civil damages exposure from treble damages to actual damages if the company provides civil plaintiffs with timely and satisfactory cooperation.  While treble damages liability can be an important deterrent for engaging in anti-competitive behavior, civil exposure also can deter self-reporting of criminal wrongdoing.  Therefore, the Department of Justice supported the reauthorization of ACPERA and the repeal of its sunset provision.

Industries for the Blind and Visually Impaired Inc. (IBI) has agreed to pay the United States $1,938,684.09 to resolve allegations that IBI violated the False Claims Act and the Anti-Kickback Act in connection with certain federal contracts set aside to employ blind workers, the Justice Department announced today. 

IBI is a nonprofit corporation headquartered in West Allis, Wisconsin that receives set-aside contracts from federal agencies under the federal government’s AbilityOne Program.  In exchange, IBI agrees to give jobs to workers who are blind or visually-impaired and comply with other contractual requirements. 

The settlement resolves allegations that, between 2009 and 2018, IBI misrepresented to the U.S. AbilityOne Commission when requesting set-aside contracts for furniture design and installation services that it would maintain a 3:1 blind-to-sighted ratio of employees, and that furniture designers and sales representatives working for IBI took impermissible payments and gifts from manufacturers on certain contracts.  It also resolves claims that IBI improperly subcontracted a set-aside contract for screen-printed clothing to an entity that did not generally use blind labor.

“AbilityOne contractors have a duty to follow the law and meet their important commitments to employ workers who are blind or severely disabled,”  said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division.  “This settlement demonstrates our continuing vigilance to ensure that those receiving set-aside contracts under the AbilityOne Program comply with the conditions of their awards.”

The AbilityOne Commission operates under the authority of the Javits-Wagner-O’Day Act (JWOD ACT), which was passed in 1971 to increase employment and training opportunities for persons who are blind or visually impaired, or who have disabilities so severe that they are otherwise unable to work at competitive employment.  More than 400 companies participate in the AbilityOne Program and receive set-aside federal contracts in exchange for employing approximately 45,000 people who are blind or have severe disabilities.

“By its conduct, IBI thwarted the AbilityOne Program’s goal of increasing employment and training opportunities for persons who are blind or visually-impaired,” said U.S. Attorney Matthew D. Krueger for the Eastern District of Wisconsin.  “This settlement reflects our office’s continuing efforts to combat violations of the False Claims Act and protect federal programs.”

“We are committed to preserving the integrity of the AbilityOne program.  False claims on the program exclude blind and significantly disabled workers from opportunities and hinders law-abiding AbilityOne contractors,” said Thomas K. Lehrich, Inspector General of the U.S. AbilityOne Commission. “Working with DOJ and our partners, the Office of Inspector General protects the confidence and public trust in the largest employment program in the nation of blind and significantly disabled workers.”

“The conduct at issue in this case undermined the core purpose of the AbilityOne program – to provide jobs for the blind and disabled,"  said Carol F. Ochoa, Inspector General for the General Services Administration (GSA).  "This settlement reflects our commitment to protect the integrity of the program and hold companies accountable for attempts to subvert it.” 

Among the allegations resolved by the settlement are claims asserted in a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery.  The lawsuit was filed by Paul Inzeo, formerly a marketing manager at IBI, whose share has not yet been decided.  

The settlement also resolves conduct that IBI investigated and disclosed to the United States concerning the receipt of gifts and money by its furniture designers and sales representatives that was not alleged in the whistleblower complaint.  It received credit in the settlement for its disclosure, cooperation, and remediation efforts in connection with this conduct. 

The settlement was the result of a coordinated effort among the U.S. Attorney’s Office for the Eastern District of Wisconsin and the Commercial Litigation Branch of the Justice Department’s Civil Division, with assistance from GSA’s Office of Inspector General, the U.S. Army Criminal Investigative Command, the Air Force Office of Special Investigations, the Defense Contract Audit Agency, the AbilityOne Office of the Inspector General, and the U.S. Department of the Interior Office of Inspector General.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.  The lawsuit resolved by the settlement is captioned United States ex rel. Inzeo v. Industries for the Blind, Inc., et al., No. 15-cv-996 (E.D. Wisc.). 

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division, Deputy Inspector General Gary Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator Tim McDermott of the Drug Enforcement Administration (DEA) today announced a historic nationwide enforcement action involving 345 charged defendants across 51 federal districts, including more than 100 doctors, nurses and other licensed medical professionals. 

These defendants have been charged with submitting more than $6 billion in false and fraudulent claims to federal health care programs and private insurers, including more than $4.5 billion connected to telemedicine, more than $845 million connected to substance abuse treatment facilities, or “sober homes,” and more than $806 million connected to other health care fraud and illegal opioid distribution schemes across the country. 

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit, in conjunction with its Health Care Fraud and Appalachian Regional Prescription Opioid (ARPO) Strike Force program, and its core partners, the U.S. Attorneys’ Offices, HHS-OIG, FBI, and DEA, as part of the department’s ongoing efforts to combat the devastating effects of health care fraud and the opioid epidemic.  The cases announced today are being prosecuted by Health Care Fraud and ARPO Strike Force teams from the Criminal Division’s Fraud Section, along with 43 U.S. Attorneys’ Offices nationwide, and agents from HHS-OIG, FBI, DEA, and other various federal and state law enforcement agencies. 

“This nationwide enforcement operation is historic in both its size and scope, alleging billions of dollars in healthcare fraud across the country,” said Acting Assistant Attorney General Brian C. Rabbitt.  “These cases hold accountable those medical professionals and others who have exploited health care benefit programs and patients for personal gain.  The cooperative law enforcement actions announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a national health emergency.”

“Telemedicine can foster efficient, high-quality care when practiced appropriately and lawfully.  Unfortunately, bad actors attempt to abuse telemedicine services and leverage aggressive marketing techniques to mislead beneficiaries about their health care needs and bill the government for illegitimate services,” said HHS Deputy Inspector General Gary Cantrell.  “Unfortunately, audacious schemes such as these are prevalent and often harmful.  Therefore, collaboration is critical in our fight against health care fraud.  We will continue working with our law enforcement partners to hold accountable those who steal from federal health programs and protect the millions of beneficiaries who rely on them.”

“The FBI, together with our federal, state, and local partners, remains steadfast in our commitment to identify and root out health care fraud, no matter what form it takes,” said Assistant Director Calvin Shivers.  “We will continue to work tirelessly to ensure public and private health care dollars are used as intended, to promote the health and safety of all Americans and safeguard continued access to critical health care services.”

“The opioid epidemic our country is battling is exacerbated when unscrupulous individuals seek to profit from people, in particular those confronting addiction.” said DEA Assistant Administrator Tim McDermott.  “When doctors, pharmacists, and individuals exploit the weakness of a fellow human being in order to line their own pockets, DEA will use every tool at its disposal to stop and bring them to justice.”

Telemedicine Fraud Cases

The largest amount of alleged fraud loss charged in connection with the cases announced today – $4.5 billion in allegedly false and fraudulent claims submitted by more than 86 criminal defendants in 19 judicial districts – relates to schemes involving telemedicine:  the use of telecommunications technology to provide health care services remotely.  According to court documents, certain defendant telemedicine executives allegedly paid doctors and nurse practitioners to order unnecessary durable medical equipment, genetic and other diagnostic testing, and pain medications, either without any patient interaction or with only a brief telephonic conversation with patients they had never met or seen.  Durable medical equipment companies, genetic testing laboratories, and pharmacies then purchased those orders in exchange for illegal kickbacks and bribes and submitted false and fraudulent claims to Medicare and other government insurers.  In addition to the criminal charges announced today, CMS Center for Program Integrity separately announced that it has taken a record-breaking number of administrative actions related to telemedicine fraud, revoking the Medicare billing privileges of 256 additional medical professionals for their involvement in telemedicine schemes. 

The continued focus on prosecuting health care fraud schemes involving telemedicine builds on the efforts and impact of the 2019 “Operation Brace Yourself” Telemedicine and Durable Medical Equipment Takedown, which resulted in an estimated cost avoidance of more than $1.5 billion in the amount paid by Medicare for orthotic braces in the 17 months following that takedown.

“Sober Homes” Cases

The “sober homes” cases announced today include charges against more than a dozen criminal defendants in connection with more than $845 million of allegedly false and fraudulent claims for tests and treatments for vulnerable patients seeking treatment for drug and/or alcohol addiction.  The subjects of the charges include physicians, owners and operators of substance abuse treatment facilities, as well as patient recruiters (referred to in the industry as “body brokers”).  These individuals are alleged to have participated in schemes involving the payment of illegal kickbacks and bribes for the referral of scores of patients to substance abuse treatment facilities; those patients were subjected to medically unnecessary drug testing – often billing thousands of dollars for a single test – and therapy sessions that were frequently not provided, and which resulted in millions of dollars of false and fraudulent claims being submitted to private insurers.  Medical professionals also allegedly prescribed medically unnecessary controlled substances and other medications to these patients, sometimes to entice them to stay at the facility.  The patients were then often discharged and admitted to other treatment facilities, or referred to other laboratories and clinics, in exchange for more kickbacks.

Cases Involving the Illegal Prescription and/or Distribution of Opioids And Cases Involving Traditional Health Care Fraud Schemes

 The cases announced today involving the illegal prescription and/or distribution of opioids or that fall into more traditional categories of health care fraud include charges and guilty pleas involving more than 240 defendants who allegedly participated in schemes to submit more than $800 million in false and fraudulent claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided.  According to court documents, in many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare.  Also included are charges against medical professionals and others involved in the distribution of more than 30 million doses of opioids and other prescription narcotics.

National Rapid Response Strike Force

In connection with the nationwide enforcement action announced today, the Department of Justice also announced the creation of the National Rapid Response Strike Force of the Health Care Fraud Unit of the Criminal Division’s Fraud Section.  The National Rapid Response Strike Force’s mission is to investigate and prosecute fraud cases involving major health care providers that operate in multiple jurisdictions, including major regional health care providers operating in the Criminal-Division-led Health Care Fraud Strike Forces throughout the United States.  The National Rapid Response Strike Force led the telemedicine initiative and helped lead the sober homes cases included in today’s announcement.

Prior to the charges announced as part of today’s nationwide enforcement action and since its inception in March 2007, the Health Care Fraud Strike Force program had charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion. 

A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The following documents related to today’s announcement are available on the Criminal Division, Fraud Section’s Health Care Fraud Unit website through the following links:

• Graphics, Images and Resources: https://www.justice.gov/criminal-fraud/hcf-2020-takedown/graphics-images-resources
• Case Descriptions:  https://www.justice.gov/criminal-fraud/hcf-2020-takedown/case-descriptions
• Court Documents:  https://www.justice.gov/criminal-fraud/hcf-2020-takedown/court-documents

The Justice Department announced today that it has reached a settlement with the Worcester County Sheriff, in his official capacity (currently Matthew Crisafulli, formerly Reggie Mason), and the state of Maryland, resolving allegations that a former staff member was subjected to a racially hostile work environment and that he and others who supported him were retaliated against after he complained about the racial discrimination. The Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019.

“Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting the misconduct, strikes at the heart of the race discrimination prohibitions that Congress enacted when it passed Title VII of the Civil Rights Act of 1964,” said Assistant Attorney General for Civil Rights Eric S. Dreiband. “The police officers who were the victims of this unlawful race discrimination and retaliation will benefit from this agreement, and the Justice Department will continue vigorously to enforce Title VII to preserve the right of all citizens, including the brave men and women who serve in law enforcement, to work with dignity and respect and without regard to the color of their skin.” 

The United States’ complaint in intervention, filed on Dec. 1, 2016, alleged that former Pocomoke City Police Officer Franklin Savage was subjected to a racially hostile work environment, which included repeated racial epithets and other racially-charged acts of harassment, while on assignment to the Criminal Enforcement Team, a multijurisdictional drug enforcement unit operated through the Worcester County Sheriff’s Office. The United States also alleged that Savage’s complaints about racial harassment resulted in a series of retaliatory actions against him by the State of Maryland, through the Worcester County Sheriff’s Office, and by Pocomoke City, culminating in the termination of his employment. The complaint further alleged that Pocomoke City retaliated against two other officers — former Pocomoke City Police Chief Kelvin Sewell and former Pocomoke City Police Lieutenant Lynell Green — for supporting Savage in the course of his complaints. Pocomoke City eventually terminated Chief Sewell’s employment.

Under the terms of a Dec. 4, 2019 consent decree with Pocomoke City and the newly-announced consent decree with the Worcester County Sheriff and the state of Maryland (which is subject to court approval), Pocomoke City and the Worcester County Sheriff’s Office must review and revise their existing anti-discrimination policies and procedures and implement effective policies to protect employees from discrimination on the basis of race and retaliation. These resolutions further require Pocomoke City and the Worcester County Sheriff’s Office to develop effective policies that ensure employees understand how to report potentially discriminatory or retaliatory behavior and that supervisory staff understands its responsibility to report such complaints through the appropriate investigatory process. Pocomoke City agreed to pay a total of $1,101,003.00 to the former officers to resolve all claims against it. The Worcester County Sheriff, in his official capacity, and the State of Maryland agreed to pay an additional $100,000.00 to Savage, in resolution of his claims against those employers.

All three former law enforcement officials filed charges of discrimination with the U.S. Equal Employment Opportunity Commission’s (EEOC) Baltimore Field Office. The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Department of Justice. The former officers filed suit and the United States intervened in their suit. More information about the EEOC’s jurisdiction is available on its website at www.eeoc.gov. 

Attorneys assigned to the Employment Litigation Section of the Civil Rights Division represented the United States in this matter. 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. 

Attorney General William P. Barr today directed the Federal Bureau of Prisons to schedule the execution of Orlando Cordia Hall, who was sentenced to death after kidnapping, raping, and murdering a 16-year-old girl in 1994.

In September 1994, Hall and several accomplices ran a marijuana trafficking operation out of Pine Bluff, Arkansas.  After a failed drug transaction involving $4,700, Hall and his accomplices went to the Arlington, Texas, home of a man they believed had reneged on the deal.  The man’s 16-year-old sister, Lisa Rene, answered the door.  Although she was simply an innocent bystander, Hall and his accomplices kidnapped her at gunpoint, and Hall raped her in the car.  Hall’s accomplices subsequently drove her to a motel in Arkansas, where they raped her several more times.  Hall and his accomplices then took her to a park where they had dug a grave.  There, they beat her over the head with a shovel, soaked her with gasoline, and buried her alive.

In October 1995, a jury in the U.S. District Court for the Northern District of Texas found Hall guilty of, among other offenses, kidnapping resulting in death, and unanimously recommended a death sentence, which the court imposed.  Hall’s convictions and sentences were affirmed on appeal more than 20 years ago, and his initial round of collateral challenges failed nearly 15 years ago.  In 2006, Hall received a preliminary injunction from a federal district court in Washington, D.C., based on his challenge to the then-existing federal lethal-injection protocol.  That injunction was vacated by the district court on Sept. 20, 2020, making Hall the only child murderer on federal death row who is eligible for execution and not subject to a stay or injunction.  Hall’s execution is scheduled for Nov. 19, 2020, at U.S. Penitentiary Terre Haute, Indiana.

The Department of Justice today announced it has awarded more than $295.8 million to improve public safety, serve victims of crime and support youth programs in American Indian and Alaska Native communities.

“American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation,” said Attorney General William P. Barr. “The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”

More than $103 million was awarded under the Justice Department’s Coordinated Tribal Assistance Solicitation (CTAS) to enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by the department’s Office of Justice Programs ($41.5 million), Office on Violence Against Women ($39.1 million) and Office of Community Oriented Policing Services ($22.5 million).

“Public safety officials and victim service providers in Indian country face exceptional challenges, but they bring to their work an extraordinary array of skills and resources that enable them to meet and overcome any obstacle,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is proud to help fulfill Attorney General Barr's strong commitment – and the federal government's long-standing responsibility – to our tribal partners in the matter of their citizens' safety and wellbeing.”

“OVW’s funding supports Native American and Alaska Native communities as they work across their communities to prevent and respond to gender based violence,” said Office on Violence Against Women Principal Deputy Director Laura L. Rogers. “These awards represent the strong commitment that OVW has made to help protect the most vulnerable members of tribal communities.”

“Ensuring our nation’s tribal communities have the resources they need is paramount for the COPS Office and the Department of Justice,” said COPS Office Director Phil Keith. “These awards are a critical component to the overall public safety strategy for tribal law enforcement and the COPS Office is honored to provide vital resources to hire more sworn officer positions, advance tribal training and procure equipment needed to keep communities safe.”

An additional $113 million was awarded to 133 applicants under the Tribal Victim Services Set-Aside Program. This program, managed by OJP’s Office for Victims of Crime (OVC), is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.

In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women made additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.

Additional awards to support tribal public safety efforts were made by OJP and the COPS Office. OJP’s Bureau of Justice Assistance (BJA) made six awards totaling more than $3.4 million to provide training and technical assistance to federally-recognized tribes and villages. OVC awarded more than $2.2 million to tribes to develop a workforce of direct victim service providers for American Indian and Alaska Native victims of crime in hard-to-staff positions and locations. OJP’s Office of Juvenile Justice and Delinquency Prevention awarded $16.1 million to address the needs of tribal youth, and its Office of Sex Offender Sentencing, Monitoring, Apprehending, and Tracking awarded nearly $7 million to implement the sex offender registration and notification provisions of the Adam Walsh Act.

BJA also awarded almost $1.9 million to 17 tribal communities to address the public safety challenges posed by the outbreak of COVID-19. Funding was made available from the Coronavirus Aid, Relief and Economic Security Act signed by President Trump in March. In addition, BJA awarded over $9.4 million to combat substance abuse in tribal communities, almost $4.3 million to help tribes reintegrate ex-offenders into their communities and $435,843 to tribal jurisdictions under the Justice Assistance Grant Program.

OJP’s National Institute of Justice made one award totaling $99,637 to fund tribal research to address the challenges of fighting crime and strengthening justice in Indian country and Alaska Native villages. The COPS office awarded nearly $800,000 to support tribal law enforcement agencies through training and technical assistance around community policing efforts.

A full listing of all the announced CTAS awards is available here.

A full listing of all Tribal Victim Services Set-Aside Program awards is available here.

For more information on the Office of Justice Programs, please visit: https://www.ojp.gov/. For more information on the Office on Violence Against Women, please visit: https://www.justice.gov/ovw. For more information on the COPS Office, please visit: https://cops.usdoj.gov/. 

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Illinois.  Operation Legend launched in Chicago on July 22, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

A federal grand jury indicted a man on carjacking and firearm charges for allegedly stealing a vehicle at gunpoint in Chicago.

“Our office will use every available federal resource to vigorously pursue and prosecute violent carjackers,” said John R. Lausch, Jr., U.S. Attorney for the Northern District of Illinois.  “We are committed to working with our state and local law enforcement partners to aggressively fight violent crime and protect Chicago’s neighborhoods from gun offenders.”

Elias Quinones-Figueroa, 19, of Chicago, was charged with one count of carjacking and one count of brandishing a firearm during a crime of violence.

According to court documents unsealed Friday, Sept. 25, 2020, on May 27, 2020, Quinones-Figueroa forcibly took a 2008 Chevrolet Tahoe sport-utility vehicle from a victim in the West Town neighborhood of Chicago.  It is alleged Quinones-Figueroa brandished a handgun during the carjacking.

The carjacking charge is punishable by up to 25 years in federal prison, while the firearm charge carries a mandatory minimum sentence of seven years, which must run consecutive to any sentence imposed on the carjacking charge.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

The Department of Justice’s Office of Justice Programs today announced awards totaling more than $92 million to reduce recidivism among adults and juvenile offenders returning to their communities after confinement.

OJP’s Bureau of Justice Assistance (BJA), National Institute of Justice (NIJ) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) awarded grants to jurisdictions, research institutions and other organizations in support of proven science-based approaches to reintegrate offenders into communities.

President Trump is a staunch supporter of providing a second chance to incarcerated individuals reentering our communities. In 2018, he signed into law the First Step Act, including reauthorization of the Second Chance Act, the biggest piece of criminal justice reform legislation to be enacted in more than a decade. He also directed the establishment of the Federal Interagency Council on Crime Prevention and Improving Reentry and tapped Pastor Tony Lowden to be its executive director. President Trump has declared April as Second Chance Month for the past four years, and these awards represent his Administration’s commitment to assisting people in America’s prisons and detention facilities who have earned the opportunity to take their places back in society.

“Former offenders are ultimately responsible for their own successes and failures, but our criminal and juvenile justice systems have an important role to play in preparing them for the obstacles that lie before them,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “I’m very pleased to make these resources available to help offenders get back on their feet and contribute to the prosperity of their communities and the betterment of our nation. I saw these programs work first hand in my time as a judge and am so grateful for the hard-working people who are helping our reentering population.”

Fiscal Year 2020 reentry and recidivism reduction grants awarded include the following:

• More than $71.4 million under BJA’s grant programs designed to help communities develop and implement comprehensive and collaborative strategies to address the challenges posed by reentry and recidivism.
• More than $11.2 million under OJJDP’s Second Chance Act suite of grant programs to support reentry services for detained juveniles and incarcerated parents with children under the age of 18.
• More than $9.3 million under NIJ’s reentry research and evaluation programs, which support rigorous research to advance understanding about reoffending and the success of reentry strategies, programs and practices. This includes evaluating innovative reentry initiatives that specifically focus on juveniles, young adults and adults with a moderate-to-high risk of reoffending.

For a complete list of individual grant programs, amounts to be awarded, and the jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/reentryfactsheet.pdf.

Additional information about FY 2020 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data Webpage.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, 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.

Connecticut list brokerage firm Macromark Inc. pleaded guilty on Friday to knowingly providing lists of potential victims to fraudulent mass-mailing schemes, the Department of Justice announced.  The fraudulent schemes tricked consumers into paying fees for falsely promised cash prizes and purportedly personalized “psychic” services.  Thousands of consumers lost millions of dollars to the schemes.  

A corporate representative for Macromark appeared before Judge Alvin W. Thompson of the U.S. District Court in Hartford, Connecticut, for arraignment and to enter a plea of guilty to an information charging the firm with conspiracy to commit mail and wire fraud.

The information alleges that Macromark provided list-brokerage services for more than 11 years to clients who were running mass-mailing fraud schemes.  Macromark specifically helped fraudulent mass mailers both acquire lists of potential victims to defraud and sell their lists of victims to other mass mailers.  Macromark executives and employees engaged in this conduct despite knowing that their clients were mailing hundreds of thousands of deceptive prize notifications that misled victims into believing that they would receive a cash prize or personalized services upon payment of a fee.  The potential-victim lists that Macromark brokered were essential to its fraudulent mass-mailer clients, allowing them to more effectively reach consumers who were susceptible to their schemes.  Many victims who lost money to the schemes were elderly and vulnerable.  In pleading guilty, Macromark admitted that the lists it provided to fraudulent clients resulted in losses to victims of at least $9,500,000.

 “Protecting seniors from fraud is a top priority of the Department of Justice,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “Working with our law enforcement partners, we will hold accountable companies like Macromark that help foreign and domestic criminals identify and scam elderly Americans.”

According to the information, Macromark facilitated fraud schemes from 2005 until September 2016, when Inspectors with the U.S. Postal Inspection Service executed search warrants on the company’s offices and the Civil Division’s Consumer Protection Branch obtained a federal court order enjoining the company from facilitating mass-mailing fraud.  The court order resulted in a permanent injunction that permanently prohibited Macromark from dealing in certain promotions or solicitations that purport to offer prizes or services for a fee, including sweepstakes reports, wealth-building programs or psychics.  Macromark was also required to hire a compliance officer, and to audit a sample of all list orders for five years. 

“List brokers and service providers such as Macromark who facilitate these schemes are especially dangerous,” said Inspector in Charge Delany DeLeon-Colon of the U.S. Postal Inspection Service’s Criminal Investigations Group.  “Data firms such as this have extraordinary access to consumer’s personal information, not just their mailing address.  The sale and distribution of this data exponentially magnifies the scale and impact of these schemes.  Postal Inspectors are proud of our work to stop the targeting of our most vulnerable Americans.”

Macromark’s plea follows a separate guilty plea by former Macromark Executive Vice President Steven Keats in July 2018 to conspiracy to commit mail and wire fraud while working at Macromark.  Also, in March 2020, former Macromark Senior Vice President Norman Newman was indicted by a Connecticut Grand Jury for conspiracy to commit mail and wire fraud, along with fifteen counts of wire fraud.  Newman is scheduled for trial on March 1, 2021.  An indictment is an accusation by a federal grand jury and is not evidence of guilt.  The defendant should be presumed innocent unless and until proven guilty.

Under the terms of Macromark’s guilty plea, the company would be sentenced to three years of probation, forfeiture and fines totaling $1,000,000, and be required to cooperate with any related government investigation or prosecution.  The final sentence awaits a ruling from the federal court overseeing the case.

Trial Attorneys Alistair Reader and Ehren Reynolds of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Heather Cherry of the U.S. Attorney’s Office for the District of Connecticut are prosecuting the case.  The United States Postal Inspection Service investigated the case.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In January 2020, the department designated “Preventing and Disrupting Transnational Elder Fraud” as an Agency Priority Goal, one of its top four priorities.  In March 2020, the department announced the largest elder fraud enforcement action in American history, charging more than 400 defendants in a nationwide elder fraud sweep.  The department has also conducted hundreds of trainings and outreach sessions across the country since the passage of the Act. 

The department’s extensive efforts to combat elder fraud seek to halt the billions of dollars seniors lose each year to fraud schemes, including those perpetrated by transnational criminal organizations.  The best method for prevention, however, is sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 7 days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.

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

The Department of Justice announced today that Lakeway Regional Medical Center LLC (LRMC) agreed to pay $13,580,822.79, and Surgical Development Partners LLC, Surgical Development Partners of Austin Enterprises LLC, G. Edward Alexander, Frank Sossi, and John Prater collectively agreed to pay $1.8 million, to resolve allegations they violated the False Claims Act and other statutes in connection with the development of Lakeway Regional Medical Center, a hospital in Lakeway, Texas.  LRMC was formed to develop and operate the hospital.  The other settling parties assisted in the development of the hospital and the management and operations of LRMC. 

The Federal Housing Administration (FHA), which is part of the U.S. Department of Housing and Urban Development (HUD), insures loans used to build hospitals in underserved areas.  The settlement announced today resolves allegations that, when applying for a mortgage loan insured by the FHA to fund construction of the hospital, the defendants made numerous false statements and material omissions in order to overstate physician support for the hospital and understate other key credit risks, thereby obtaining the loan under false pretenses.  In particular, the United States alleged that the defendants delayed refunds to investors who had cancelled their investments to make it appear as if the project satisfied mortgage covenants regarding the cash on hand required to close the loan.  The settlement also resolves claims that, after obtaining the loan for LRMC, the defendants distributed project funds in contravention of FHA’s requirements.  HUD purchased the mortgage note, and suffered a loss, when LRMC defaulted. 

“Individuals and entities that benefit from FHA insurance must be truthful with the government and honor their commitments,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “This settlement demonstrates the department’s resolve to hold accountable borrowers who subvert FHA’s important efforts to support hospitals in underserved communities.”

“My office will continue to vigorously enforce the False Claims Act, which protects taxpayers and helps ensure that federal programs operate as Congress intended,” said U.S. Attorney John Bash of the Western District of Texas.  “I am proud of the work that my team did in this important case.”

“This case demonstrates HUD’s commitment to holding accountable FHA participants that commit fraud against HUD’s healthcare programs,” said HUD’s Federal Housing Commissioner Dana Wade.  HUD’s Principal Deputy General Counsel Michael B. Williams added, “We will continue to collaborate with the Department of Justice to enforce HUD’s rules and protect FHA programs and their beneficiaries.”

“Misconduct in FHA’s hospital loan insurance program ultimately harms underserved communities and vulnerable populations who need access to critical medical services,” said Rae Oliver Davis, HUD Inspector General, U.S. Department of Housing and Urban Development.  “Today's settlement is the latest example and should serve as a stark reminder that HUD OIG, in conjunction with our law enforcement partners, will vigorously pursue any attempt to undermine the integrity of FHA insurance programs.”

This matter was investigated by the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the Western District of Texas, HUD, and the HUD Office of Inspector General.  The lawsuit resolved by this settlement is captioned United States v. Lakeway Regional Medical Center, LLC, Case No. A-19-CV-945 (W.D. Tex.).  The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Today, the Federal Bureau of Investigation released its 2019 edition of Crime in the United States, which showed that violent crime decreased nationwide for the third consecutive year.  After decreases in both 2017 and 2018, the violent crime rate dropped an additional one percent this past year and the property crime rate decreased 4.5 percent.

Since 1930, the FBI has tracked nationwide data on crimes and publishes its compilation each year.  Submitting data to the FBI is a collective effort on the part of city, county, state, tribal, and federal law enforcement agencies to present a nationwide view of crime.

“For the last three years the Department of Justice has worked tirelessly with our federal, state, local, and tribal partners to pursue those violent criminals, cartels, and gangs who seek to harm our communities,” said Deputy Attorney General Jeffrey A. Rosen.  “We are steadfast in our commitment to protect the public safety of citizens and communities across the United States through violent crime initiatives like Project Safe Neighborhoods, Project Guardian and, most recently, Operation Legend.  Violent crime rates had been increasing during 2015-2016, so I am proud of the hard work by all prosecutors and law enforcement agents across the nation who have reduced violent crime rates during each of the last three years.  I look forward to continuing our joint efforts to protect the American public from the violence of criminals.”

“I am encouraged by the great work being done by law enforcement to combat violent crime across the nation,” said FBI Deputy Director Dave Bowdich.  “The FBI continues to make clear that violence will not be tolerated, and we are committed to continuing our work with state, local, and tribal partners across the country to confront and deter violence, dismantle criminal organizations and gangs, eradicate drug trafficking, and bring justice to victims.”

This past year, a total of 16,554 law enforcement agencies reported Uniform Crime Report (UCR) data to the FBI.  In 2019, there were an estimated 1,203,808 violent crimes and an estimated violent crime rate of 366.7 violent crimes per 100,000 inhabitants.  This represented a one percent decrease from the prior year.  The FBI’s UCR data indicates that the violent crime rate dropped 0.7 percent in 2017 and 3.5 percent in 2018 from the prior years.

In October 2017, the Department of Justice reinvigorated Project Safe Neighborhoods (PSN), a crime reduction initiative targeting gun and gang violence in particular geographic hotspots.  Each United States Attorney around the nation, in conjunction with state and local law enforcement, developed a customized strategy to prioritize prosecutions of the most violent criminals in the most dangerous areas in their district and to support locally based prevention and reentry programs to prevent additional violence.  Independent academic research found that PSN successfully reduced violent crime by an average of 4 to 20 percent, and as high as 42 percent in some locations.

In November 2019, the Department launched Project Guardian, a comprehensive law enforcement strategy specifically aimed at gun crime.  United States Attorney’s Offices, coordinating with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and state and local law enforcement, developed a strategy for coordinating prosecution, enforcing background checks, improving information sharing, coordinating response to mental health denials, and coordinating on crime gun intelligence.

Through violent crime initiatives, the Department charged the largest number of violent crime defendants since the Department began tracking this category more than 25 years ago.  The Department has also increased federal firearm prosecutions by 43 percent in the last three years.

While the downward trends of the past three years are encouraging, the Department remains steadfast in its efforts.  On Sept. 15, 2020, the FBI published its Preliminary Uniform Crime Report, January–June, 2020, which revealed overall declines in the number of violent crimes and property crimes reported for the first six months of 2020 when compared with figures for the first six months of 2019.  While there were significant decreases in the number of rapes and robberies, there was a significant spike in murders and an increase in aggravated assaults.

The report is based on information from 12,206 law enforcement agencies that submitted three to six months of comparable data for both years.

The Department continues to closely monitor violent crime nationally and in July 2020, launched Operation Legend in Kansas City, Missouri, as a sustained, systematic, and coordinated law enforcement initiative where federal law enforcement agencies partner with state and local law enforcement to fight violent crime.  It has now expanded to Chicago, Albuquerque, Cleveland, Detroit, Milwaukee, St. Louis, Memphis, and Indianapolis.

Since Operation Legend’s launch, approximately 3,500 arrests have been made – including approximately 200 arrests for homicide.  Defendants have been charged in state and local courts, and approximately 815 of those 3,500 defendants have been charged with federal crimes.  Together, the FBI, ATF, DEA, U.S. Marshals Service, and state and local law enforcement have seized over 1,200 firearms and weapons, nearly 19 kilos of heroin, over 11 kilos of fentanyl (enough to deliver more than five million fatal doses), over 94 kilos of methamphetamine, nearly 14 kilos of cocaine, and more than $6.5 million in drug proceeds.  For more information on the successes of Operation Legend, please visit the Department of Justice’s website.

The United States has filed a complaint under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 and the False Claims Act against Nutter Home Loans, f/k/a James B. Nutter & Co. (Nutter), for forging certifications and using unqualified underwriters to approve Federal Housing Administration (FHA) insured Home Equity Conversion Mortgages (HECM), the Department of Justice announced today. 

“The HECM program benefits America’s seniors and our communities,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “The Department is committed to holding accountable those who violate the bedrock requirements of this important program.”

“Companies participating in federal programs must operate with honor and integrity,” said Acting U.S Attorney Michael R. Sherwin for the District of Columbia.  “This complaint sends a clear message that we will not tolerate fraud against programs designed to financially help our nation’s seniors.”

“Lenders who willfully disregard FHA requirements for HECM loans expose the program to significant financial losses that threaten the future availability of this important program to seniors,” said Rae Oliver Davis, Inspector General, U.S. Department of Housing and Urban Development.  “This complaint is evidence that we will tirelessly investigate allegations of abuses of the HECM program by FHA lenders.”

The FHA, part of the U.S. Department of Housing and Urban Development (HUD), offers numerous mortgage insurance programs intended to help build and sustain strong communities across America.  The HECM program is a reverse mortgage program specifically for senior homeowners age 62 and older.  The program allows seniors to access the equity in their residences, and thereby age in place in their family home, through a mortgage agreement with a lender that is insured against loss by the FHA.  The United States’ complaint alleges that in order to significantly increase its loan production, Nutter used unqualified underwriters lacking the requirements established by HUD to review and approve HECMs that Nutter ultimately insured with the FHA.  Moreover, on other loans, Nutter forged the signatures of qualified underwriters to make it appear that a qualified underwriter had reviewed and approved the loan. 

This matter was investigated by the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the District of Columbia, HUD, and HUD’s Office of Inspector General.  The claims asserted against the defendant are allegations only, and there has been no determination of liability.

A Chicago federal jury found two former employees of Deutsche Bank, a global financial institution, guilty today of fraud charges for their respective roles in fraudulent and manipulative trading practices involving publicly-traded precious metals futures contracts.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of the FBI’s New York Field Office made the announcement.

After a two-week trial, James Vorley, 42, of the United Kingdom, and Cedric Chanu, 40, of France and the United Arab Emirates, were convicted of three counts and seven counts, respectively, of wire fraud affecting a financial institution.  Sentencing has been scheduled for Jan. 21, 2021, before U.S. District Judge John J. Tharp, Jr. of the Northern District of Illinois, who presided over the trial. 

“Today’s jury verdict shows that those who seek to manipulate our public financial markets through fraud will be held accountable by juries and the department,” said Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division.

According to evidence presented at trial, Vorley and Chanu, who were employed as traders at Deutsche Bank—Vorley based in London; Chanu based in London and Singapore—engaged in a scheme to defraud other traders on the Commodity Exchange Inc., which was an exchange run by the CME Group.  The defendants defrauded other traders by placing fraudulent orders that they did not intend to execute in order to create the appearance of false supply and demand and to induce other traders to trade at prices, quantities, and times that they otherwise would not have traded.  Specifically, the evidence showed that the defendants engaged in the practice of “spoofing,” which means that they placed orders on the exchange which, at the time the orders were placed, they did not intend to execute, all for the purpose of deceiving other market participants.

This case was investigated by the FBI’s New York Field Office.  Deputy Chief Brian Young, Assistant Chief Avi Perry, and Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section are prosecuting the case.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

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.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend. Today’s case is out of the Western District of Missouri. Operation Legend launched in Kansas City on July 8, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

United States vs. Daniel Dewayne Gregg

A Bates City, Missouri, man was charged in federal court after law enforcement officers seized nearly two dozen firearms and illegal drugs from his residence.

Daniel Dewayne Gregg, 57, was charged on Sept. 11, 2020, with one count of conspiracy to distribute methamphetamine and one count of possessing a firearm in furtherance of drug trafficking.

According to court documents, law enforcement officers identified Gregg as a major supplier of methamphetamine trafficking following several controlled drug purchases.  Officers executed a search warrant at Gregg’s residence on Friday, Sept. 11, and placed him under arrest.

It is alleged that Gregg told officers that he had been dealing crystal methamphetamine continuously for at least the past six months and stated that he was a kilogram-level dealer of crystal methamphetamine and had sold, at a conservative minimum, at least 12 kilograms of crystal methamphetamine per month for the past six months.  Gregg stated he had several large-scale customers who purchased at least a half-kilogram of methamphetamine from him at a time.  Gregg said he purchased methamphetamine for $12,000 per kilogram and sold it for about $13,000 per kilogram.

Officers located a large firearms safe in the basement of Gregg’s residence that contained 22 firearms and a large amount of cash.  Officers also searched Gregg’s vehicle and found 151.6 grams of methamphetamine, 436.5 grams of marijuana, and 207 prescription pills in unlabeled pill bottles.  Officers also found methamphetamine inside a fanny pack and a loaded Smith and Wesson .40-caliber semi-automatic pistol on top of the fanny pack.  Gregg allegedly told officers he had the firearm because he had been threatened by individuals wanting to do him harm.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

Linde GmbH and its U.S. subsidiary Linde Engineering North America LLC (LENA) (together, “Linde”) have agreed to pay the United States more than $22.2 million to resolve allegations that Linde violated the False Claims Act by knowingly making false statements on customs declarations to avoid paying duties owed on the companies’ imports, the Justice Department announced today. 

“This settlement reflects our commitment to hold accountable those who evade duties owed on imported goods, including antidumping and countervailing duties that level the playing field for U.S. manufacturers,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division.  “The Department of Justice will zealously pursue those who seek an unfair advantage in U.S. markets by bringing underpriced goods into this country.”    

“Trade policy is a critical part of our nation’s economic stability and security,” said First Assistant U.S. Attorney for the Eastern District of Pennsylvania Jennifer Arbittier Williams.  “Anti-dumping and countervailing duties ensure that American manufacturers are protected from unfair trade practices, and valuation requirements help to ensure that importers do not have an incentive to use foreign engineers instead of hiring in the United States.”

“U.S. Customs and Border Protection is proud to work with the Department of Justice to enforce our trade laws. Collecting revenue on behalf of the American people is something we take very seriously,”  said Brenda Smith, Executive Assistant Commissioner, CBP Office of Trade.  “We are glad to have come to an equitable and productive solution.” 

Linde GmbH is a multinational corporation headquartered in Germany that, among other things, imports materials into the United States for use in the construction of natural gas and chemical manufacturing plants.  Houston-based LENA managed procurement and logistics for Linde, which imported more than $500 million in goods into the United States between 2011 and 2017.

To enter goods into the United States, an importer must declare, among other things, the country of origin of the goods, the value of the goods, whether the goods are covered by antidumping or countervailing duties, and the amount of duties owed.  U.S. Customs and Border Protection (CBP) relies on these representations to determine the correct amount of any duties owed.  It is the importer’s affirmative duty to use “reasonable care” to make sure that such information is accurate so that CBP can assess the proper duties.

The United States alleged that, between 2011 and 2017, Linde avoided duties owed to the United States, including in some instances antidumping and countervailing duties, by misrepresenting the nature, classification, and valuation of imported merchandise, as well as the applicability of free trade agreements.  

Prior to the United States’ disclosure to Linde of its investigation, Linde made a partial disclosure to CBP regarding its importing practices.  In the settlement, the United States acknowledged Linde’s cooperation.

The settlement with Linde resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery.  The civil lawsuit was filed in the Eastern District of Pennsylvania and is captioned United States ex rel. Johnson v. Linde AG, et al., No. 17-cv-1012.  As part of today’s resolution, Ms. Johnson will receive approximately $3.7 million.

The settlement was the result of a coordinated effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the Commercial Litigation Branch of the Justice Department’s Civil Division, with assistance from CBP’s Office of Chief Counsel and CBP’s Regulatory Audit and Agency Advisory Services.

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

Department of Justice Spokesperson Kerri Kupec has issued the following statement:

“Today, Christopher Andre Vialva was executed at U.S. Penitentiary Terre Haute in accordance with the capital sentences recommended by a federal jury and imposed by the U.S. District Court for the Western District of Texas in 2000.  Vialva was pronounced dead at 6:46 p.m. EDT. 

In June 1999, Todd and Stacie Bagley — youth ministers from Iowa who had traveled to Texas to attend a church revival — agreed to give a ride to Vialva and several others.  Once in the car, Vialva pointed a gun at Todd, and he and the others forced the couple into the trunk.  Vialva drove around for several hours, stopping at ATMs to withdraw money from the couple’s bank account and trying to pawn Stacie’s wedding ring.  While locked in the trunk, the couple spoke with their abductors about God and pleaded for their lives.  Vialva eventually parked on the Fort Hood military reservation, where the co-conspirators doused the car with lighter fluid as the couple, still locked in the trunk, sang and prayed.  After Stacie said, “Jesus loves you,” and “Jesus, take care of us,” Vialva shot both Todd and Stacie in the head — killing Todd and knocking Stacie unconscious.  A co-conspirator then lit the car on fire, killing Stacie.  A federal jury found Vialva guilty of, among other offenses, two counts of murder within the special maritime and territorial jurisdiction of the United States and unanimously recommended two death sentences, which the court imposed.  His convictions and sentences were affirmed on appeal, and his requests for collateral relief were rejected by every court that considered them. 

More than two decades after Christopher Andre Vialva brutally ended the lives of Todd and Stacie Bagley, justice has been served.  Several family members and loved ones of the Bagleys witnessed today’s execution.”

The Department of Justice announced today that more than 300 individuals in 29 states and Washington, D.C., have been charged for crimes committed adjacent to or under the guise of peaceful demonstrations since the end of May.

To date, of the 94 U.S. Attorneys’ Offices (USAOs), more than 40 USAOs have filed federal charges alleging crimes ranging from attempted murder, assaulting a law enforcement officer, arson, burglary of a federally-licensed firearms dealer, damaging federal property, malicious destruction of property using fire or explosives, felon in possession of a firearm and ammunition, unlawful possession of a destructive device, inciting a riot, felony civil disorder, and others.  Violent opportunists have exploited these demonstrations in various ways. 

Approximately 80 individuals have been charged with offenses relating to arson and explosives.  Approximately 15 individuals have been charged with damaging federal property. In some instances, these individuals are alleged to have set fires to local businesses as well as city and federal property, which will regrettably incur millions of taxpayer dollars to repair damages to the Portland Courthouse, Nashville Courthouse, Minneapolis Police Third Precinct, Seattle Police East Precinct, and local high school in Minnesota; and, to replace police cruisers in South Carolina, Washington, Rhode Island, Georgia, Utah, and other states.

Corporate and local businesses were also targeted, including a Target Corporate headquarters in Minneapolis, Boost Mobile Store in Milwaukee, Champ Sports Store in Tampa, and local restaurants including a pizza parlor in Los Angeles and a sushi bar in Santa Monica.  Through these acts, these individuals have shown minimal regard to their communities and for the safety of others and themselves.

In Washington, D.C., outside of the U.S. Supreme Court, a man was engulfed in flames after he poured a liquid from a gas can onto three U.S. Supreme Court Police vehicles; he suffered severe burns. In Virginia Beach, authorities identified a man who is alleged to have threatened to burn down an African American church.  

Approximately 35 individuals have been charged with assaulting a law enforcement officer and related offenses.  One of these cases was charged in Massachusetts; the rest of these individuals were charged in Oregon.  The assaults have targeted local and federal law enforcement officers.  In Portland, a man is alleged to have approached a U.S. Marshals Deputy from behind and struck the deputy in the upper back, neck, and shoulder with a wooden baseball bat; another man, allegedly assaulted a Deputy U.S. Marshal with an explosive device.  In Boston, a man allegedly shot at least 11 times toward officers, including a deputized federal officer.

Approximately 30 individuals have been charged with offenses related to civil disorder.  In several instances, these individuals leveraged social media platforms to incite destruction and assaults against law enforcement officers.  In Cleveland, two Pennsylvania men are charged with driving to the city with the intent to participate in a riot and commit acts of violence.  In their possession, authorities found a black backpack containing a hammer, two containers of Sterno Firestarter Instant Flame Gel, a can of spray paint, a glass bottle of liquor with a bar-style pour top, a Glock semi-automatic firearm and two magazines loaded with ammunition.  In Knoxville, one individual allegedly instructed his social media followers to, “bring hammers bricks whatever you want.” The same defendant allegedly used a trashcan lid filled with an unknown liquid to strike a law enforcement officer in the head while the officer was seated in a police vehicle.

Charges have also been filed against individuals accused of committing burglary and carjacking.  In Pittsburgh, two individuals allegedly attempted to burglarize a Dollar Bank.  In Louisville, two individuals were charged with conspiracy to commit burglary involving controlled substances at a local Walgreens. Another Louisville individual was charged with carjacking; at the time of the carjacking, the individual was on a felony diversion as a result of a February 2020 conviction for charges that were initially filed as complicity to murder and complicity to robbery. 

Several of these charges carry significant maximum prison sentences. For example, felony assault of a federal officer with a dangerous weapon is punishable by up to 20 years in prison.  Arson is punishable by up to 20 years in prison with a mandatory minimum sentence of five years in prison.

The following agencies and U.S. Attorney’s offices have investigated these cases along with multiple federal, state and local law enforcement agencies: The FBI; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and United States Attorneys’ Offices (including the District of Arizona, the Central District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Columbia, the District of Delaware, the Middle District of Florida, the Northern District of Georgia, the Central District of Illinois, the Northern District of Illinois, the Southern District of Indiana, the Western District of Kentucky, the Middle District of Louisiana, the District of Maine, the District of Massachusetts, the District of Minnesota, the Eastern District of Missouri, the Western District of Missouri, the District of Nevada, the District of New Jersey, the Eastern District of New York, the Northern District of New York, the Southern District of New York, the Western District of New York, the Eastern District of North Carolina, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Western District of Pennsylvania, the District of Rhode Island, the District of South Carolina, the Eastern District of Tennessee, the Middle District of Tennessee, the Northern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the Western District of Washington, the Eastern District of Wisconsin, and the Western District of Wisconsin).

The ATF and FBI continue to urge the public to report suspected arson, use of explosive devices, or violent, destructive acts associated with the recent unrest.  Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov, or submit information anonymously via ReportIt.com.

In addition to those who commit fires, the FBI is looking for people who may have incited or promoted violence of any kind.  Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at FBI.gov/violence.

An indictment and criminal complaint merely alleges that crimes have been committed.  The defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Eastern District of Missouri.  Operation Legend launched in St. Louis on Aug. 6, 2020, in response to the city facing increased homicide and non-fatal shooting rates.

United States vs. Andrew Sheperd

On Aug. 27, 2020, Andrew Sheperd was charged by a federal grand jury with being a felon in possession of a firearm, with being in possession of a firearm in furtherance of a drug trafficking offense, and possessing with intent to distribute fentanyl, heroin, and methamphetamine .

“This arrest spotlights the hard work and dedicated partnership between the men and women of the St. Louis Metropolitan Police Department, Homeland Security Investigations and other federal agencies,” said U.S. Attorney Jeffrey B. Jensen of the Eastern District of Missouri.  “We share the mission of taking violent criminals off the streets and enhancing community-wide efforts to make St. Louis a safer place for all Missourians.”

According to the charging documents, on Aug. 21, 2020, law enforcement officers from the St. Louis Metropolitan Police Department (SLMPD) and Homeland Security Investigations encountered a 300 series BMW with an illegally tinted front windshield.  As they investigated the vehicle, they discovered that the plate affixed to the BMW was registered to a Chevrolet.  The officers then attempted to perform a traffic stop of the BMW, and, at first, the BMW appeared to be complying and pulling over, but then sped away at a high rate of speed.  The BMW then crashed, and the driver, later identified as Sheperd, allegedly fled the scene of the wrecked vehicle on foot.  The SLMPD officer pursued Sheperd and detained him a short distance away from where the vehicle crashed.

In the BMW, officers found a loaded .45 caliber Glock semiautomatic firearm on the driver’s floorboard of the vehicle.  Additionally, officers found multiple baggies of white powder and dozens of capsules.

Because of a prior conviction punishable by more than one year in prison, Sheperd is prohibited from possessing a firearm.

The details contained in the charging document are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Background on Operation Legend

Since its inception, Operation Legend has yielded more than 3,500 local, state, and federal arrests, with more than 800 defendants charged with federal crimes.

President Trump promised to assist America’s cities that have been plagued by violence.  In July, Attorney General William P. Barr announced the launch of Operation Legend, a sustained, systematic and coordinated law enforcement initiative across all federal law enforcement agencies working in conjunction with state and local law enforcement officials to fight violent crime in cities across America that were experiencing an uptick in violence.  Operation Legend is named after four-year-old LeGend Taliferro, who was shot and killed on June 29th in Kansas City, Missouri, while asleep in his home.

Operation Legend was launched in Kansas City, Mo., on July 8, 2020, and expanded to Chicago and Albuquerque on July 22, 2020; to Cleveland, Detroit, and Milwaukee on July 29, 2020; to St. Louis and Memphis on Aug. 6, 2020; and to Indianapolis on Aug. 14, 2020.  As part of Operation Legend, Attorney General Barr has directed federal agents from the FBI, U.S. Marshals Service, DEA and ATF to surge resources to these cities to help state and local officials fighting violent crime.  The Department of Homeland Security is also contributing agents to these efforts in St. Louis.

NEW ORLEANS, LOUISIANA – MICHAEL MORGANI, age 33, a resident of New Orleans, was sentenced by United States District Judge Martin L.C. Feldman on September 23, 2020 for a conviction for being a felon in possession of a firearm, announced U.S. Attorney Peter G. Strasser.

According to court paperwork, MORGANI purchased two Extar semi-automatic pistols from an individual who he met on the Northshore.  MORGANI brought them to a body shop in New Orleans, where they were later recovered by the New Orleans Police Department during the execution of a search warrant.  MORGANI was prohibited from possessing firearms because of a prior felony conviction from Jefferson Parish for possession of heroin.

United States District Judge Martin L.C. Feldman sentenced MORGANI to (30) thirty months in the Bureau of Prisons to be followed by three years of supervised release.  Additionally, MORGANI is required to pay a $100.00 special assessment fee.

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives.   For more information about Project Guardian, please see https://www.justice.gov/usao-edla/project-guardian.

This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The prosecution is being handled by Assistant United States Attorney David Haller.

In July 2018, the Department of Justice announced the launch of Operation Synthetic Opioid Surge (S.O.S), a program aimed at reducing the supply of synthetic opioids in 10 high impact areas and identifying wholesale distribution networks and international and domestic suppliers.

Two years ago, under Operation SOS, the U.S. Attorneys in 10 districts with some of the highest drug overdose death rates in the country each designated a county where they would focus on prosecuting every readily available case involving fentanyl, fentanyl analogues, and other synthetic opioids, regardless of the drug quantity.

Over these two years, Operation SOS has resulted in approximately 750 defendants being charged in federal court, with 384 of those defendants charged thus far in FY 20.  Most importantly, the districts participating in the program have seen a decline in opioid overdoses.  From 2017 to 2019, most SOS counties reported a decline of 14% to 24%.  One notable success was in the Western District of Pennsylvania, where the opioid overdose rates declined by nearly 45%.

“The Justice Department’s commitment to fighting the opioids epidemic is stronger than ever, and we are using every tool in our arsenal to disrupt the supply of these drugs on our streets,” said Deputy Attorney General Jeffrey A. Rosen.  “Operation SOS has had a significant positive impact on the communities where it is being employed. The Department will continue to build on these successes and work to stop the drug traffickers who so callously wreck lives.”

The 10 participating districts and some of their successes are listed below:

• The Eastern District of California has reported 60 active Operation S.O.S. investigations.  Recently, the USAO charged one sentence-enhanced “death resulting” prosecution.  In February 2020, another investigation resulted in the seizure of over 20,000 fentanyl-laced counterfeit oxycodone pills.

• The Eastern District of Kentucky reported that an SOS investigation led to a residential search warrant and seizure of more than 1,300 grams of fentanyl, more than 500 grams of methamphetamine, $15,000 cash, two firearms, and paraphernalia used to traffic narcotics including a device for pressing fentanyl into a brick-like shape.
• The District of Maine reported a July 2020 arrest of a defendant on charges of distributing counterfeit fentanyl pills marked as Percocet, in connection with a fatal fentanyl overdose that occurred in May 2020.  In addition, a Maine man was sentenced in February 2020 to five years in prison for two counts of possession with intent to distribute fentanyl, in connection with an incident where the defendant was found in possession of fentanyl less than 24 hours after he was released on a state summons for possession of fentanyl.
• The District of New Hampshire reported the October 2019 arrest of a man on a warrant for distributing fentanyl.  Manchester Police Detectives executed a search warrant on a local drug-house, where they located approximately 850 grams of methamphetamine and 56 grams of fentanyl, several assault-style rifles, a handgun, ammunition, scales, safes, cash, and cellphones.   
• The Northern District of Ohio reported a 10-defendant wire case involving a drug trafficking organization (DTO) operating out of Elyria and Sandusky, Ohio.  The DTO purchased kilogram quantities of cocaine and oxycodone pills.  Co-conspirators would later cook the cocaine and sell it as crack to local dealers in Elyria.  During the conspiracy, agents seized approximately ½ kilo of cocaine, 100 grams of crack, oxycodone pills, and five firearms.
• The Southern District of Ohio reported the arrest of an individual who had previously served a nine-year state prison sentence for drug trafficking. On Oct. 22, 2019, after law enforcement observed activity consistent with drug transactions, including the delivery of what appeared to be a kilogram of narcotics by a courier, members of the FBI Safe Streets Task Force executed a search warrant at a residence in Dayton, Ohio, where they located three firearms, 1,205 grams of methamphetamine, 1,716 grams of fentanyl, 305 grams of heroin, drug processing equipment, and 12 cellular telephones.  One of the recovered cellular telephones contained photographs of multiple kilograms of fentanyl and communications with a narcotics supplier.  Through subsequent investigation, law enforcement recovered an additional 19.5 kilograms of fentanyl/carfentanil.
• The Western District of Pennsylvania prosecuted 98 SOS cases thus far in FY 2020.  Particularly noteworthy among them is the prosecution of Lynell Guyton.  Guyton was convicted by a jury of conspiracy to distribute 100 grams or more of cyclopropyl fentanyl and other charges, including firearms and money laundering violations.  Guyton, who had been receiving shipments of fentanyl analogues from China, is both a Career Offender and an Armed Career Criminal.  The case gained media attention when, during the execution of a search warrant in connection with the charges, the conspirators tipped over a table, sending cyclopropyl fentanyl into the air, sickening several law enforcement officers on the scene.
• The Eastern District of Tennessee reported multiple cases arising out of a single investigation involving a drug trafficking organization responsible for trafficking heroin and fentanyl from Michigan to various communities in the Eastern District of Tennessee.  29 defendants have been indicted on various charges, including drug trafficking conspiracy, overdose death enhancements, money-laundering conspiracy, and various firearms offenses.  More than 5.5 kilograms of heroin and/or fentanyl and 11 firearms were seized during the investigation. 
• The Northern District of West Virginia reported a July 21, 2020, forty-four count indictment against 12 defendants.  During the nearly yearlong investigation, law enforcement officers seized more than 280 grams of cocaine base and more than 40 grams of fentanyl from one of the defendant’s residences in Harpers Ferry, West Virginia.  Throughout the investigation, officers seized more than 280 grams of fentanyl, acetyl fentanyl, and heroin; more than 350 grams of cocaine base; more than one kilogram of liquid PCP; various amounts of cocaine; five firearms; and over $28,000.
• The Southern District of West Virginia reported that after a three-day trial, a jury in the convicted Steven McCallister of distribution of fentanyl, possession with the intent to distribute fentanyl, being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking.  Officers conducted a 50-gram purchase of heroin from McCallister, which then led to the execution of a search warrant at McCallister’s home.  Officers seized over one kilogram of fentanyl and a firearm. 

A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC (FCS), for conspiring to allocate medical and radiation oncology treatments for patients in Southwest Florida, the Department of Justice announced today.

The indictment, filed in the U.S. District Court in Fort Myers, Florida, charges Harwin for participating in a criminal conspiracy with a competing oncology group in Collier, Lee, and Charlotte counties (Southwest Florida).  Beginning as early as 1999 and continuing until at least 2016, Harwin and his co-conspirators entered into an illegal agreement to allocate medical oncology treatments, such as chemotherapy, to FCS and radiation oncology treatments to a competing oncology group.  The conspiracy allowed FCS and the competing oncology group to operate with minimal competition in Southwest Florida and limited valuable integrated care options and choices for cancer patients. 

“As the charge demonstrates, the division remains committed to holding culpable executives accountable for their crimes, especially when they impact vulnerable Americans, such as those in need of life-saving treatments,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The Antitrust Division will continue to work to protect competition and integrity in the healthcare industry.” 

“It is unconscionable for a doctor to prioritize profits over patient care,"  said Michael F. McPherson, Special Agent in Charge of the FBI Tampa Field Office.  “The FBI will persist in exposing unscrupulous medical providers who deny the public access to a competitive healthcare marketplace.”

The indictment follows a felony charge filed against FCS in April 2020 for its role in the same conspiracy in which Harwin is alleged to have participated.  The Antitrust Division and FCS resolved the charge with a deferred prosecution agreement, under which the company admitted to conspiring to allocate treatments for cancer patients and agreed to pay a $100 million criminal penalty.  FCS also agreed to waive and refrain from enforcing any non-compete provisions with its current or former oncologists or other employees who, during the term of the deferred prosecution agreement, open or join an oncology practice in Southwest Florida. 

An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The charge in the indictment carries a maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million.

Today’s announcement is the result of an ongoing federal antitrust investigation into market allocation and other anticompetitive conduct in the oncology industry, which is being conducted by the Antitrust Division’s Washington Criminal II Section and the FBI’s Tampa Field Office – Fort Myers R.A.  Anyone with information in connection with this investigation or anticompetitive conduct in the healthcare industry generally is urged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit https://www.justice.gov/atr/contact/newcase.html.

Today, on behalf of the Trump Administration, the Department of Justice sent draft legislation to Congress to reform Section 230 of the Communications Decency Act.  The draft legislative text implements reforms that the Department of Justice deemed necessary in its June Recommendations and follows a yearlong review of the outdated statute.  The legislation also executes President Trump’s directive from the Executive Order on Preventing Online Censorship.  

“For too long Section 230 has provided a shield for online platforms to operate with impunity,” said Attorney General William P. Barr.  “Ensuring that the internet is a safe, but also vibrant, open and competitive environment is vitally important to America.  We therefore urge Congress to make these necessary reforms to Section 230 and begin to hold online platforms accountable both when they unlawfully censor speech and when they knowingly facilitate criminal activity online.”

“The Department’s proposal is an important step in reforming Section 230 to further its original goal: providing liability protection to encourage good behavior online,” said Deputy Attorney General Jeffrey A. Rosen.  “The proposal makes clear that, when interactive computer services willfully distribute illegal material or moderate content in bad faith, Section 230 should not shield them from the consequences of their actions.”

The Department of Justice is grateful to all the experts, victims’ groups, academics, businesses, and other stakeholders that have and continue to engage closely with the department during this process.  The draft legislation reflects important and helpful feedback received thus far.  The department is also grateful to our colleagues in Congress for their support on Section 230 reform and looks forward to continued engagement moving forward. 

The Department of Justice’s draft legislation focuses on two areas of reform, both of which are, at minimum, necessary to recalibrate the outdated immunity of Section 230.

Promoting Transparency and Open Discourse

First, the draft legislation has a series of reforms to promote transparency and open discourse and ensure that platforms are fairer to the public when removing lawful speech from their services.

The current interpretations of Section 230 have enabled online platforms to hide behind the immunity to censor lawful speech in bad faith and is inconsistent with their own terms of service.  To remedy this, the department’s legislative proposal revises and clarifies the existing language of Section 230 and replaces vague terms that may be used to shield arbitrary content moderation decisions with more concrete language that gives greater guidance to platforms, users, and courts. 

The legislative proposal also adds language to the definition of “information content provider” to clarify when platforms should be responsible for speech that they affirmatively and substantively contribute to or modify.

Addressing Illicit Activity Online

The second category of amendments is aimed at incentivizing platforms to address the growing amount of illicit content online, while preserving the core of Section 230’s immunity for defamation claims. 

Section 230 immunity is meant to incentivize and protect online Good Samaritans.  Platforms that purposely solicit and facilitate harmful criminal activity — in effect, online Bad Samaritans — should not receive the benefit of this immunity.  Nor should a platform receive blanket immunity for continuing to host known criminal content on its services, despite repeated pleas from victims to take action. 

The department also proposes to more clearly carve out federal civil enforcement actions from Section 230.  Although federal criminal prosecutions have always been outside the scope of Section 230 immunity, online crime is a serious and growing problem, and there is no justification for blocking the federal government from civil enforcement on behalf of American citizens.

Finally, the department proposes carving out certain categories of civil claims that are far outside Section 230’s core objective, including offenses involving child sexual abuse, terrorism, and cyberstalking.  These amendments, working together, will be critical first steps in enabling victims to seek redress for the most serious of online crimes.

The Justice Department’s proposals are available here.

Pharmaceutical company Gilead Sciences, Inc. (Gilead), based in Foster City, California, has agreed to pay $97 million to resolve claims that it violated the False Claims Act by illegally using a foundation as a conduit to pay the copays of thousands of Medicare patients taking Gilead’s pulmonary arterial hypertension drug, Letairis, the Justice Department announced today. 

“This settlement demonstrates the government’s commitment to hold accountable companies that pay illegal kickbacks, whether directly or through a third party,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “We will not allow permit pharmaceutical manufacturers to set unaffordable drug prices while circumventing important cost-control mechanisms within the Medicare program.”

“Like its competitors, Actelion and United Therapeutics, Gilead used data from CVC that it knew it should not have, and effectively set up a proprietary fund within CVC to cover the co-pays of just its own drug,” said U.S. Attorney Andrew E. Lelling for the District of Massachusetts.  “Such conduct not only violates the anti-kickback statute, it also undermines the Medicare program’s co-pay structure, which Congress created as a safeguard against inflated drug prices. During the period covered by today’s settlement, Gilead raised the price of Letairis by over seven times the rate of overall inflation in the United States.”

“When pharmaceutical companies deceitfully employ the charitable donation process as an instrument to subsidize copays for their own drugs, it subverts a critical safeguard against the excessive inflation of drug costs,” said Phillip M. Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office.  “Manipulation of this process threatens the integrity of our federal healthcare system, disregarding the American taxpayer who ultimately bears the cost.  As such, we remain vigilantly focused on confronting this type of conduct and will continue our aggressive enforcement in this area.”

“Health care fraud costs our country tens of billions of dollars each year because of unscrupulous schemes like the one Gilead orchestrated that dangled kickbacks disguised as copay assistance in front of Medicare patients,”  said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division.  “Today’s $97 million settlement ensures Gilead pays for defrauding a government insurance program and reaffirms the FBI’s resolve to pursue investigations and exhaust all efforts to uncover these schemes.”

When a Medicare beneficiary obtains a prescription drug covered by Medicare, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or a deductible (collectively “copays”).  Congress included copay requirements in the Medicare program, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. 

Under the Anti-Kickback Statute, a pharmaceutical company is prohibited from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce Medicare patients to purchase the company’s drugs.  This prohibition extends to the payment of patients’ copay obligations. 

Gilead sells Letairis, which is approved for treatment of pulmonary arterial hypertension.  The government alleged that Gilead used a foundation, which claims 501(c)(3) status for tax purposes, as a conduit to pay the copay obligations of thousands of Medicare patients taking Letairis and to induce those patients to purchase Letairis, because it knew that the prices Gilead set for Letairis could otherwise pose a barrier to those purchases.  From 2007 through 2010, Gilead made payments to the foundation, which, in turn, used those funds to pay copays of patients prescribed Letairis.  The government alleged that Gilead routinely obtained data from the foundation detailing how much the foundation had spent for patients on Letairis; it then used this information to decide how much to pay to the foundation and to confirm that its payments were sufficient to cover the copays of only patients taking Letairis.  The government also alleged that, to generate revenue from Medicare and induce purchases of Letairis, Gilead referred Medicare patients to the foundation, which resulted in claims to Medicare to cover the cost of Letairis.   

The government’s resolution of this matter 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 investigation was conducted by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Massachusetts, in conjunction with the Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. 

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

The former president of Iron Workers Local 395 was sentenced today to 42 months in prison for his role in organizing a brutal assault on a group of non-union ironworkers in Dyer, Indiana.

The attack, which left multiple workers with serious injuries, was part of an effort to obtain a contract for Local 395 to assist with the construction of the Plum Creek Christian Academy, a school affiliated with the Dyer Baptist Church.

Acting Assistant Attorney General Brian C. Rabbitt of the Department of Justice’s Criminal Division, Special Agent in Charge Irene Lindow, Chicago Regional Office, U.S. Department of Labor, Office of Inspector General (DOL-OIG) and Special Agent in Charge Paul Keenan of the FBI’s Indianapolis Field Office made the announcement.

Jeffrey Veach, 57, had earlier pleaded guilty to one count of extortion conspiracy, along with co-defendant Thomas Williamson Sr., 69. The sentence was handed down by U.S. District Court Judge Theresa Springmann of the Northern District of Indiana. Williamson is scheduled to be sentenced separately by Judge Springmann on Dec. 15.

Veach resigned as president of Local 395, following his guilty plea in January. Under federal law, Veach will be barred from holding any union position for at least 13 years following the end of his prison sentence.

Pursuant to his plea agreement, Veach admitted that in January 2016, he learned that D5 Iron Works – a non-union ironworking company from Illinois – was performing work for the Dyer Baptist Church, in Local 395’s “territory.” On the morning of Jan. 7, Veach and Williamson visited the construction site in order to persuade the D5 workers to sign up with the union or stop work on the site.  When they were rebuffed, Veach brought rank-and-file members of Local 395 to the construction site later that day.  At Veach’s direction, the union members conducted a coordinated attacked on the D5 workers.  The victims were beaten with fists and loose pieces of hardwood.  As a result of the attack, one of the workers sustained a broken jaw that required several surgeries and hospitalization.

The DOL-OIG, FBI, and Dyer Police Department investigated the case.  Trial Attorneys Alexander Gottfried and Robert Tully of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.  The Organized Crime and Gang Section’s Labor Unit supports federal criminal prosecutions in cases involving labor-management relations, internal union affairs, and the operation of employee pension and health care plans.  Assistant Chief for Labor-Management Racketeering Gerald Toner provided critical assistance in the prosecution of this 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.