District Not Recorded

The Department of Justice today awarded Deputy U.S. Marshal Gerald Dysart with the Missing Children’s Law Enforcement Award. Mr. Dysart, who is based in New Orleans, led an operation to recover 16 at-risk children over a period of two weeks.

Announcement of the honor is part of the 37th annual commemoration of National Missing Children’s Day. The Missing Children’s Law Enforcement Award recognizes the extraordinary efforts of officers who have made a significant investigative or program contribution to the safety of children.

“Senior Inspector Dysart exemplifies persistence and commitment in law enforcement,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice congratulates him on his tireless efforts to bring these children home, and we stand with our nation’s federal officers in their work to protect America’s youth.”

Mr. Dysart provided the expertise and guidance that, over several months, forged Operation Empty Nest in April 2019. The Atlanta, Georgia, operation recovered missing children who were victims of sex trafficking, exploitation, and sexual and physical abuse. It involved the U.S. Marshals Service Missing Child Unit, Southeast Regional Fugitive Task Forces, Georgia Bureau of Investigation, and National Center for Missing & Exploited Children (NCMEC).

Mr. Dysart’s involvement began in 2016, when he started the U.S. Marshals Service Missing Child Unit, following passage of the Justice for Victims of Trafficking Act. Without additional staff or funding, he built the unit using existing resources and developed a training curriculum used nationwide. In collaboration with NCMEC, Dysart helped recover 500 critically missing children in just the past two years.

“Senior Inspector Dysart used his extensive experience to prepare and direct the highly successful Operation Empty Nest,” says Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “The Department of Justice praises his expertise and collaborative abilities, which made possible the rescue of 16 children — among our society’s most vulnerable — from evil people who would do them harm.”

The department also recognized eight other law enforcement officers from Wisconsin and Florida, as well as a school bus driver from Florida, for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of this year’s National Missing Children’s Day poster contest.

Due to restrictions resulting from COVID-19, the in-person award ceremony has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and OJJDP Administrator Harp.

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.

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.

The Department of Justice today presented Ms. JoAnn Donovan with the Missing Children’s Citizen Award. Ms. Donovan, a school bus driver from Punta Gorda, Florida, helped locate a 15-year-old girl with special needs who was reported missing when she did not board the bus at her foster home. This award honors the extraordinary efforts of private citizens for their unselfish acts to recover missing or abducted children safely, and comes during the 37th annual commemoration of National Missing Children’s Day.

In an interview with the officers investigating the case of the missing child, Ms. Donovan reported that the girl had recently been talking on her cell phone with her biological mother, from whose custody she had been removed. A tip yielded a video camera picture taken of the child and her mother in a car passing through a tollbooth in another state. Police returned the girl to her foster family unharmed just one day after she went missing. Her mother will spend two years in jail.

“The compassion and loyalty that Ms. Donovan encompasses demonstrate the positive impact that ordinary citizens can have on the lives of those around them,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice applauds her efforts, along with those of the law enforcement officials who searched for the girl and brought her home safely.”

“Ms. Donovan’s dedication to and awareness of the children she transports made all the difference in this case,” said Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp. “We would like to congratulate her and the officers involved for quickly finding and returning this child to her foster family.”

The department also recognized nine law enforcement officers from Wisconsin, Louisiana, and Florida for their efforts to find missing children and bring child sexual predators and child pornographers to justice. The department declared Elliana Conrad, a fifth-grader at the Antonia Crater Elementary School in Newberg, Oregon, winner of the 2020 National Missing Children’s Day poster contest.    

Due to restrictions resulting from COVID-19, the in-person ceremony to honor the recipients has been canceled. Instead, this website features information about the awardees and statements from Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan and Office of Juvenile Justice and Delinquency Prevention Administrator Caren Harp.

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

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.

The former Director of Operations of the U.S. Navy’s Military Sealift Command Office in Busan, Republic of Korea (ROK) was charged in a complaint filed today in connection with his alleged participation in a bribery conspiracy and alleged lying to federal investigators.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge David Bell of the Naval Criminal Investigative Service’s (NCIS) Far East Field Office, and Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service’s (DCIS) Transnational Operations Field Office made the announcement.

Xavier Fernando Monroy, 62, a U.S. citizen, was charged in a complaint filed in the District of Columbia with one count of conspiracy to commit bribery, one count of bribery, one count of false statements, and one count of obstruction of justice. 

The affidavit in support of the complaint alleges that Monroy engaged in a conspiracy to commit bribery with Sung Yol “David” Kim, the owner of DK Marine, a ROK-based company that provided ship husbanding services to the U.S. Navy, and James Russell Driver III, a former civilian U.S. Navy cargo ship captain, in connection with the provision of husbanding services for Driver’s ship during a December 2013 port visit in Chinhae, ROK.  In order to steer the ship’s husbanding services business to DK Marine, Driver sought, and Kim conveyed, Monroy’s directions on how to circumvent appropriate Navy procedures.

According to the affidavit, Monroy also provided Kim with confidential and other proprietary, internal U.S. Navy information.  In exchange for the steering of business and the provision of such information, Kim paid bribes to Monroy, including cash, personal travel expenses, meals and alcoholic beverages, and the services of prostitutes.  The affidavit further alleges that in July 2019, Monroy repeatedly lied to DCIS and NCIS during a voluntary interview. 

Driver pleaded guilty to one count of conspiracy to commit bribery for his role in March 2019 before U.S. District Judge Arthur J. Tarnow of the Eastern District of Michigan.  Kim pleaded guilty to one count of conspiracy to commit bribery for his role on May 1, 2020, before U.S. District Judge Mark A. Goldsmith of the Eastern District of Michigan.

A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. 

NCIS and DCIS investigated the case.  Trial Attorney Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section is prosecuting the case. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

The United States has partially intervened in a False Claims Act lawsuit against William M. Kelly, M.D. Inc. and Omega Imaging Inc. in the U.S. District Court for the Central District of California, the Department of Justice announced today.  The government intervened as to allegations that the defendants, which operate 11 radiology facilities in Southern California, violated the False Claims Act by submitting claims to Medicare for unsupervised radiology services and services provided at unaccredited facilities.     

“Today’s announcement demonstrates the department’s commitment to protect the public fisc and ensure the safety of Medicare beneficiaries,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The department will aggressively pursue unscrupulous healthcare providers who cut corners for profits and jeopardize the health and safety of Medicare beneficiaries.” 

Medicare requires that certain procedures, such as CT and MRI scans that involve intravenous contrast materials, be performed under “direct physician supervision,” which means that a physician must be present within the office suite during the procedure.  The lawsuit alleges that that defendants performed and billed Medicare for contrast procedures without the proper physician supervision.  The suit further alleges that certain of the defendants’ facilities lacked accreditation, which is a material Medicare billing requirement. 

The case was filed under the qui tam or whistleblower provisions of the False Claims Act Act, which allow private parties to file suit on behalf of the United States for false claims and to receive a share of any recovery.  The Act also permits the United States to intervene and take over the lawsuit, as it has done here in part.  Those who violate the Act are subject to treble damages and applicable penalties.       

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

This case is being handled by the Department of Justice’s Civil Division with assistance from the Office of Inspector General of the Department of Health and Human Services.  The case is captioned United States ex rel. Syd Ackerman v. William M. Kelly, M.D., Inc. and Omega Imaging, Inc., Civil Action No. ED CV 13-02195 JGB (C.D. Cal.).

The claims in which the United States has intervened are allegations only, and there has been no determination of liability.

The President today declared his intent to nominate Justin E. Herdman, who currently serves as the United States Attorney for the Northern District of Ohio, to become the next United States Attorney for the District of Columbia.  Concurrent with that decision, Attorney General William P. Barr also announced a number of key leadership changes at the Department of Justice. 

Timothy J. Shea, the current U.S. Attorney for the District of Columbia, will be designated Acting Administrator for the Drug Enforcement Administration (DEA).  After almost two years of heading the DEA, Uttam Dhillon will assume a senior leadership role within the Department.  Effective May 19, Michael Sherwin, who is currently the Principal Assistant United States Attorney for the District of Columbia, will serve as Acting United States Attorney, pursuant to 5 U.S.C. § 3345(a)(1).  While Mr. Sherwin is the Acting U.S Attorney, Kenneth Kohl will perform the functions and duties of the Principal Assistant United States Attorney.  

“I am pleased that the President has chosen Justin Herdman as the nominee to be the next United States Attorney for the District of Columbia.  Justin has taken an increasing role in the leadership of the Department, and this nomination is a reflection of his sharp intellect, sound judgment, and dedication to the mission of the Department of Justice,” said Attorney General William P. Barr.  “Justin has proven himself to be a fair prosecutor, capable litigator, and excellent manager, and I look forward to his confirmation by the Senate for this important position.  I would also like to express my gratitude to Tim Shea, who has served as the United States Attorney since February 2020.  I look forward to working with him as he assumes the role of Acting Administrator of the Drug Enforcement Administration.  I would also like to thank Uttam Dhillon for his service as the Acting Administrator.  Throughout his tenure, Uttam has proven to be a great colleague and a dedicated and thoughtful leader.  I look forward to working with him as he assumes a senior leadership role in the Department.”

Today, Attorney General William P. Barr and FBI Director Christopher Wray announced significant developments in the FBI’s investigation of the December 6, 2019 shooting at Naval Air Station Pensacola that killed three U.S. sailors and severely wounded eight other Americans.  On January 13, 2020, Attorney General Barr announced that the shooting was an act of terrorism and publicly asked Apple to help the FBI access the locked contents of two iPhones belonging to the deceased terrorist Mohammed Saeed Alshamrani.  The company declined to do so.

Attorney General Barr announced that the FBI recently succeeded in unlocking the phones of Alshamrani, who had attempted to destroy them while launching his attack.  The phones contained important, previously-unknown information that definitively established Alshamrani’s significant ties to Al Qaeda in the Arabian Peninsula (AQAP), not only before the attack, but before he even arrived in the United States.  The FBI now has a clearer understanding of Alshamrani’s associations and activities in the years, months, and days leading up to the attack.

“Thanks to the great work of the FBI – and no thanks to Apple – we were able to unlock Alshamrani’s phones,” said Attorney General Barr.  “The trove of information found on these phones has proven to be invaluable to this ongoing investigation and critical to the security of the American people.  However, if not for our FBI’s ingenuity, some luck, and hours upon hours of time and resources, this information would have remained undiscovered.  The bottom line: our national security cannot remain in the hands of big corporations who put dollars over lawful access and public safety.  The time has come for a legislative solution.” 

“I could not be prouder of the relentless dedication of the men and women at the FBI who worked for months under difficult conditions to access these devices,” said Director Wray.  “Their skill and persistence, and the sustained investigative efforts by FBI Jacksonville, the FBI’s Counterterrorism Division, and our many other federal, state, and local partners, have been nothing short of extraordinary in this case.  As we continue to seek answers around the December 6th terrorist attack that killed three American service members and wounded others, I want their families, and all Americans, to know that protecting the United States from those who seek to do us harm remains the FBI’s foremost priority.  Our work against the threat of terrorism never rests.”  

Investigators sought and received court authorization to search the contents of Alshamrani’s iPhones within one day of the December 6, 2019 terrorist attack.  Unable to unlock the phones because of their security features, and having exhausted all readily available options, the FBI approached Apple for its assistance in early January 2020.  The company declined to assist.  FBI technical experts succeeded in accessing the phones’ contents over four months after the attack, revealing highly-significant evidence, including:

• Alshamrani and his AQAP associates communicated using end-to-end encrypted apps, with warrant-proof encryption, deliberately in order to evade law enforcement.
• Alshamrani’s preparations for terror began years ago.  He had been radicalized by 2015, and having connected and associated with AQAP operatives, joined the Royal Saudi Air Force in order to carry out a “special operation.”
• In the months before the December 6, 2019 attack, while in the United States, Alshamrani had specific conversations with overseas AQAP associates about plans and tactics.  In fact, he was communicating with AQAP right up until the attack, and conferred with his associates until the night before he undertook the murders.

The evidence derived from Alshamrani’s unlocked phones has already proven useful in protecting the American people.  In particular, a counterterrorism operation targeting AQAP operative Abdullah al-Maliki, one of Alshamrani’s overseas associates, was recently conducted in Yemen.      

Attorney General William P. Barr will appoint Jeffrey Ragsdale as the head of the Office of Professional Responsibility (OPR). The appointment will be effective tomorrow. Mr. Ragsdale will replace Corey Amundson, who became Chief of the Public Integrity Section in September. Mr. Ragsdale has been serving as acting head of OPR since September.

As the head of the OPR, Mr. Ragsdale will lead a component of the U.S. Department of Justice that investigates misconduct allegations against Department attorneys, immigration judges, and law enforcement agents.  He is the fifth permanent head since the office was founded. 

“The Office of Professional Responsibilities is instrumental in ensuring that the Department of Justice conducts itself in accord with the highest professional standards,” said Attorney General William P. Barr. “I am pleased to announce that Jeffrey Ragsdale will be its new Director and Chief Counsel. Jeff has shown throughout his career at the Department that he is a dedicated public servant who knows the importance of the rule of law as well as our ethical responsibilities as the attorneys representing the United States.”

Mr. Ragsdale has served as the Principal Deputy Director and Deputy Counsel for the Office of Professional since September 2016.  He is currently the Acting Director and Chief Counsel.  Prior to joining OPR, he served as an assistant United States Attorney for the District of Columbia for 29 years, during which time he tried a large number of cases, including homicides and complex narcotics case. 

Mr. Ragsdale also served as a manager and supervised numerous litigation sections in both the Superior Court and Criminal Divisions, including serving as the chief of the Homicide Section for eight years.  Prior to joining the U.S. Attorney’s Office, he served as a state prosecutor in Virginia for five years. 

Mr. Ragsdale has a B.A. from West Virginia Wesleyan College and a J.D. from the University of Cincinnati.  He is a member of the Virginia and District of Columbia bars

This week, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on law enforcement recruitment, training, and retention over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, May 12, the Commission received testimony from Dr. Charlie Scheer, Assistant professor at the University of Southern Mississippi; Arlington (Texas) Police Chief Will Johnson; Valerie Cunningham, Deputy Chief of the Indianapolis Metropolitan Police Department, and; Mike Yankowski, Assistant Director of Institutional Ethics and Compliance at Michigan State University and the retired chief of Lansing Police Department.

Testimony and discussions focused on recruitment. Dr. Scheer provided the results of a comprehensive survey on police recruitment, and Chief Johnson recommended grant funding for police cadet programs to encourage young people to commit to the profession. Deputy Chief Cunningham recommended “focusing on marketing campaigns that are inclusive of females, tailoring all contact the agency has with its applicants so that it’s mutually beneficial to both, focusing on the preview of what the career will look like to that applicant, and developing a meaningful professional relationship with the applicants.” Chief Yankowski provided the final testimony, addressing the need to hire people who fit the community policing mindset – individuals who are highly ethical, of good moral character, and good communicators. “We can't make the mistake of just hiring a warm body to fill that vacancy,” he said.

On Wednesday, May 13, the Commission heard testimony from Erik Bourgerie, Director, Colorado Peace Officer Standards and Training (POST); Palm Beach County (Fla.) Sheriff Ric Bradshaw, and; Cass County (Nebraska) Sheriff William (Bill) Brueggemann.

Testimony and discussion focused on training. POST Director Bourgerie testified about the need for experiential based training. “As the academy progresses, training scenarios should become more complex, such as domestic violence calls. Our current training method fails both our peace officers and our domestic violence victims. The first time new peace officers encounter the complexity, emotions and dangers inherent in a DV call is when they’re in the field and lives are truly on the line.” Sheriff Bradshaw testified about the lack of management training, stating, “As older, experienced officers retire, they leave upper level vacancies that will often be filled with officers with little or no formal leadership or management training.” He advocates for an investment in future leaders. Sheriff Brueggemann recommended regional training centers and reforms to training academies in order to provide more seats for small and rural departments.

On Thursday, May 14, the Commission completed its hearing with testimony from William “Bill” Johnson, Executive Director, National Association of Police Organizations Inc. (NAPO); Pima County (Ariz.) Sheriff Mark Napier; Baltimore (Md.) Police Commissioner Michael Harrison, and; Tempe (Ariz.) Police Chief Sylvia Moir

Testimony and discussion focused on retention. Executive Director Johnson recommended that “every officer in this nation have access to a peer mentoring program. One cannot overstate the importance of confidential, peer mentoring services to supporting officers’ mental health and wellness.” Chief Moir shared a similar sentiment, saying that there is a recognition that officer wellness encompasses more than physical health. It includes the mental and emotional well-being, as well -- healthier officers are more productive officers, so successful agencies are starting wellness programming in the Academy and continuing it throughout an officer’s career. Sheriff Napier testified that “there is inadequate funding for substantive research into the development of best practices for law enforcement leaders confronting modern policing challenges. In addition, there’s very limited research into officer wellness, causes of officer suicide and suicide prevention.” He recommends “the Law Enforcement Assistance Administration (LEAA) make available substantive funding over 10 years for meaningful law enforcement research." Commissioner Harrison shared: “The most common issues I hear about when I speak with officers are the state of the facilities they work in, the conditions of vehicles the drive, and the age of the technology and equipment that they use every day. Improving these conditions is a cornerstone of my five-year Departmental Transformation and Improvement Plan because it speaks to the culture of the department and whether the officers feel the department is making the right investments in their well-being.”

For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice

Audio recordings and transcripts of the hearings will be posted online once available.

The Department of Justice (Department) issued a letter today to the National Pork Producers Council, the nation’s leading association of hog farmers, to address its proposed responses to challenges posed by COVID-19.  The department will not challenge the proposed collaborative efforts of the National Pork Producers Council (NPPC) to work with the U.S. Department of Agriculture (USDA) to address certain hardships facing hog farmers as a result of the COVID-19 pandemic.

The letter explains that the processing plant closures addressed in President Donald J. Trump’s April 28, 2020, Executive Order have had impacts up and down the supply chain.  One of those impacts, according to NPPC, is the tragic need to euthanize unmarketable hogs that could not be brought to market due to processing capacity challenges.  The letter determines that the NPPC and its members may work at the direction of the USDA and state agriculture agencies to achieve humane and efficient euthanization of hogs that have grown too large to be processed and are thus unmarketable.  The NPPC may also share general information with its members about best practices for depopulating unmarketable hogs. 

“Today’s letter addresses some of the challenges created for farmers when packing capacity shuts down,” stated Assistant Attorney General Makan Delrahim.  “Meanwhile, we remain committed to vigorous enforcement of the antitrust laws to ensure that farmers and consumers see the benefits of competition.” 

The NPPC submitted its business review request pursuant to the expedited, temporary review procedure detailed in the Joint Antitrust Statement Regarding COVID-19 (joint statement) issued on March 24 by both the department and the Federal Trade Commission (FTC).  In the joint statement, the department announced its aim to resolve COVID-19-related business review requests within seven calendar days of receiving all necessary information.

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.

A Mexican national will have his initial appearance in federal court in the District of Columbia later today on charges related to his alleged involvement in a criminal conspiracy to distribute cocaine and methamphetamine.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), made the announcement.

Gerardo Gonzalez Valencia, aka “Lalo,” 43, arrived at Dulles International Airport  yesterday evening after being extradited from Uruguay, where he was arrested in April 2016.  The indictment charges Gonzalez Valencia with an international conspiracy to distribute cocaine and methamphetamine, intending and knowing that those substances would be unlawfully imported into the United States.  The indictment alleges that Gonzalez Valencia’s criminal conspiracy ran from 2003 to 2016.

“The Department of Justice will never waver in our commitment to disrupt and dismantle CJNG and its enablers, wherever they are found,” said Assistant Attorney General Benczkowski.  “Thanks to the dedicated efforts of our law enforcement partners in Uruguay, Gonzalez Valencia now will be held to account in the United States for his alleged crimes.”

“Today’s extradition and arrest of Mr. Gonzalez-Valencia deals another blow to the leadership of the Cartel de Jalisco Nueva Generacion,” said DEA Acting Administrator Dhillon. “Mr. Gonzalez-Valencia is alleged to have distributed significant quantities of cocaine and meth and will now face justice in the United States.  We are grateful for the outstanding partnership with the National Police and Government of Uruguay during this long term investigation.”

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by DEA Los Angeles.  Trial Attorneys Brett Reynolds, Kaitlin Sahni, Cole Radovich, Kate Naseef and Acting Deputy Chief Anthony Nardozzi of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.

The Justice Department extends its gratitude to the government of Uruguay for making the extradition possible and the U.S. Department of State’s Diplomatic Security Service (DSS) for its support.  The Criminal Division’s Office of Enforcement Operations provided assistance in support of this investigation and the Criminal Division’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from Uruguay.

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.  

Six Dallas, Texas-area pharmacy owners and marketers were charged in a superseding indictment today for their roles in a scheme involving compound drug claims to TRICARE and the U.S. Department of Labor (DOL), the vast majority of which were the product of over $14 million in illegal kickbacks and bribes.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Michael Mentavlos of the Defense Criminal Investigative Service (DCIS) Southwest Field Office and Special Agent in Charge Steven Grell of the U.S. Department of Labor - Office of Inspector General’s (DOL-OIG) Dallas Region made the announcement.

Richard Hall, 50; Scott Schuster, 48; Dustin Rall, 45; and George Lock Paret, 36, all of Fort Worth, Texas; Johnathan Le, 44, of Dallas, Texas; and Quintan Cockerell, 38, of Manhattan Beach, California, were each charged in a superseding indictment filed May 13 in the Northern District of Texas with the following: conspiracy to defraud the United States and pay and receive kickbacks (Hall, Schuster, Rall, Paret, Le and Cockerell); paying and/or receiving kickbacks (Hall, Schuster, Rall, and Le with four counts, Cockerell with one count); conspiracy to commit money laundering by concealing proceeds of the unlawful kickbacks (Schuster and Rall); conspiracy to commit money laundering by engaging in monetary transactions in criminally derived property (Hall, Schuster, Rall, and Cockerell); and engaging in monetary transactions in criminally derived property (Hall with one count, Schuster and Rall with two counts and Cockerell with three counts).

Two co-defendant marketers, Turner Luke Zeutzius, 38, of Horseshoe Bay, Texas, and Michael Ranelle, 50, of Fort Worth, Texas, previously pleaded guilty to one count of conspiracy to defraud the United States and pay and receive kickbacks. 

According to the superseding indictment, from May 2014 to September 2016, Hall, Schuster, Rall, Paret, Le and their co-conspirators allegedly engaged in a scheme to pay kickbacks and bribes for the referral of TRICARE and DOL beneficiaries to obtain expensive compound drugs.  Hall, Shuster and Rall were co-owners of Rxpress Pharmacy and Xpress Compounding, compound pharmacies located at 1000 W. Weatherford St. in Fort Worth. 

As alleged in the superseding indictment, Rxpress and Xpress were separate in name only; Rxpress Pharmacy and Xpress Compounding employed the same staff and operated out of the same building.  The superseding indictment alleges that both companies utilized the same marketers but paid them differently depending on whether they were receiving a commission on a federal or private prescription, in order to disguise the illegal kickback payments on federal prescriptions.  Specifically, Hall, Schuster, Rall, Paret and Le allegedly devised a scheme to make kickback payments to marketers through Xpress Compounding for the referral of federal prescriptions.  These marketers were allegedly set up as sham “W-2” employees to appear as though they were bona fide employees of Xpress Compounding.  At the same time, these marketers were paid as 1099 contractors by Rxpress Pharmacy, the superseding indictment alleges. 

According to the superseding indictment, Hall, Schuster, Rall, and Cockerell engaged in monetary transactions in criminally derived property, spending proceeds of the fraud to further enrich themselves and others through the purchase of luxury vehicles and chartered vessels, among other property.

The superseding indictment alleges that as a result of the scheme, Xpress Compounding paid Cockerell approximately $2.4 million, Zeutzius approximately $7.6 million and Ranelle approximately $4.1 million in illegal kickbacks, for a total of approximately $14.1 million in illegal kickbacks. 

The charges in the superseding indictment are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

DCIS, DOL-OIG, the U.S. Department of Health and Human Services Office of Inspector General, the FBI and the U.S. Department of Veterans Affairs Office of Inspector General investigated the case. Assistant Chief Adrienne Frazior and Trial Attorney Brynn Schiess of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and the U.S. Department of Health and Human Services (HHS) to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.

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.

A former subcontractor for the U.S. Marine Corps pleaded guilty today to destroying records in connection with a federal investigation of bribery and procurement fraud at Marine Corps Base Camp Lejeune (MCBCL), located in Jacksonville, North Carolina.

William J. Thompson, 56, of Sneads Ferry, North Carolina, pleaded guilty to one count of destruction of records in a federal investigation before U.S. District Chief Judge Terrence W. Boyle of the Eastern District of North Carolina.  A sentencing date has not been set.

According to documents filed with the court, Thompson owned and operated C&D Painting and Construction, a construction company with its principal place of business in Sneads Ferry, North Carolina.  Public Official 1 was a civilian employee of the U.S. Marine Corps who directed the procurement of information technology services and equipment to be used by the Marine Corps at MCBCL and elsewhere.  Company A was an information technology services company and was owned and operated by Person 1.

On March 28, 2018, agents of the FBI, Naval Criminal Investigative Service (NCIS) and Internal Revenue Service-Criminal Investigations (IRS-CI) interviewed Thompson.  During the interview, agents of the aforementioned agencies informed Thompson that they were investigating an alleged bribery conspiracy between Public Official 1, Person 1, Company A and Thompson.  The agents questioned Thompson about work that C&D Construction completed as a subcontractor for Company A at MCBCL and about renovations that Thompson performed at Public Official 1’s residence.  At the time of the interview, the investigation was covert and not known to all subjects, including Public Official 1.

On the same evening of the interview and the following morning, Thompson exchanged several text messages with Public Official 1 in which Thompson informed Public Official 1 that the FBI, NCIS, and IRS-CI were investigating Public Official 1’s involvement in contracting matters while Public Official 1 was employed by the Marine Corps.  After informing Public Official 1 of the pending federal investigation, Thompson deleted the relevant text messages from his phone, despite knowing that the messages constituted evidence related to the federal investigation into bribery and procurement fraud at MCBCL.

This case was investigated by the FBI, Defense Criminal Investigative Service, NCIS, Naval Audit Service and IRS-CI. Trial Attorney Erica O’Brien Waymack of the Criminal Division’s Public Integrity Section is prosecuting the case.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

WASHINGTON – The United States has filed a complaint seeking to bar a Chicago area tax return preparer from preparing federal income tax returns for others, the Justice Department announced yesterday. 

The civil complaint against Andreana Smith was filed in the U.S. District Court for the Northern District of Illinois, and alleges that Smith prepared federal income tax returns for over 100 Chicago-area taxpayers that significantly understated her customers’ tax liabilities. The suit alleges that Smith made up or exaggerated her customers’ business expenses, and fabricated residential energy credits and education credits.

According to the complaint, the Internal Revenue Service interviewed several of Smith’s customers, who allegedly stated that they did not incur the business expenses reported on their returns prepared by Smith on their behalf, and did not give Smith any reason to believe that such deductions were legitimate. The complaint alleges that, by repeatedly understating her customers’ tax liabilities, Smith has caused the United States to lose substantial tax revenue.

“The Tax Division will work with its IRS partners to shut down return preparers who claim improper or illegal deductions and credits for their customers” said Principal Deputy Assistant Attorney General Zuckerman. He added, “Taxpayers should be vigilant so they do not file tax returns claiming false deductions.”

Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax preparer and has launched a free directory of federal tax preparers.

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

The Department of Justice announced today that it has filed a proposed final judgment with the U.S. District Court for the Northern District of Ohio requiring Novelis Inc. to divest Aleris Corporation’s entire aluminum automotive body sheet operations in North America to satisfy the Department’s competitive concerns with Novelis’s acquisition of Aleris.

The proposed final judgment follows the United States’ March 9, 2020 arbitration win.  Prior to filing its civil antitrust lawsuit to block the merger, the Department’s Antitrust Division reached an agreement with Novelis and Aleris to refer the matter to binding arbitration if Novelis and Aleris were unable to resolve the United States’ competitive concerns with the transaction.  Under the arbitration terms, Novelis agreed to divest Aleris’s aluminum automotive body sheet operations in North America if the United States prevailed in arbitration.  The arbitrator ruled for the United States, holding that aluminum automotive body sheet constitutes a relevant antitrust product market.  Today, the Department filed a proposed final judgment that, if approved by the court, would fully resolve the competitive harm alleged in the lawsuit.

“Today’s proposed divestiture preserves competition in the market for aluminum automotive body sheet and protects automakers and American consumers by requiring the full divestiture of Aleris’s North American aluminum automotive body sheet operations,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.

Novelis is a Canadian corporation headquartered in Atlanta, Georgia.  It offers flat-rolled aluminum products in three segments: automotive, beverage can, and specialty products.  In the fiscal year ending March 31, 2019, Novelis’s revenues were approximately $12.3 billion.  Novelis is a wholly-owned subsidiary of Hindalco Industries Ltd., an Indian company headquartered in Mumbai, India.

Prior to its acquisition by Novelis, Aleris was a Delaware corporation headquartered in Cleveland, Ohio.  Aleris offers flat-rolled aluminum products to the automotive, aerospace, and building and construction industries, among others.  In 2018, Aleris’s revenues were approximately $3.4 billion.

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Katrina Rouse, Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the U.S. District Court for the Northern District of Ohio may enter the final judgment upon finding it is in the public interest.

Related Materials:

The Administrative Dispute Resolution Act of 1996, 5 U.S.C. § 571 et seq.

Antitrust Division guidance on the appropriate use of binding arbitration, Fed. Reg. Vol. 61, No. 136 at 36896 et seq.

Assistant Attorney General Makan Delrahim Delivers Remarks at the 7th Bill Kovacic Antitrust Salon, September 9, 2019

Today, the Justice Department announced that the Office of Community Oriented Policing Services (COPS Office) and the Office of Justice Programs’ Bureau of Justice Assistance (BJA) have awarded more than $61 million in grant funding to support the Attorney General’s Operation Relentless Pursuit (ORP) initiative.

Launched on Dec. 18, 2019, ORP aims to intensify federal law enforcement resources into seven American cities with violent crime levels several times the national average – Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee.

“While violent crime is down across the country as a whole, some communities remain caught in the grips of violent actors,” said Attorney General William P. Barr. “That’s why I launched Operation Relentless Pursuit last December – an initiative to combat violent crime in seven cities where it remains stubbornly high. Today’s grant awards are critical to our mission. We cannot succeed in eradicating crime without resources – the most vital of which are the brave men and women who serve and protect our communities each day. These funds will boost the forces that need them most.”

“Successful strategies to target and reduce violent crime are extremely resource intensive,” said COPS Office Director Phil Keith. “There is no greater resource than additional men and women on the front lines of the relentless fight against gangs, drug traffickers and those that mean harm to our nation’s communities. The funding announced today is greatly needed for the Operation Relentless Pursuit jurisdictions and the COPS Office is honored to dedicate resources for this effort.”

“The responsibility for fighting crime and violence belongs to agencies at every level of government, and winning that fight turns on our ability to deploy our collective resources wisely and effectively,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are eager to make these funds available so that our federal, state and local partners can continue the vital and noble work of protecting America’s most dangerous communities.”

The COPS Office, through its COPS Hiring Program (CHP), awarded a total of $51 million to be used to hire 214 sworn law enforcement officers for state and local law enforcement task forces. The recipients of the funding will deploy existing veteran officers to task force duties and use the CHP funding to hire new recruits to backfill those positions, as practical. Officers deployed to Operation Relentless Pursuit task forces as a result of CHP funding must be sworn, career law enforcement officers of the awarded agency, and their work on the task force must benefit their jurisdiction. In addition, they are required to work with their respective U.S. Attorney’s Office (USAO) and rel­evant federal agencies to investigate and prosecute suspects involved in gangs, drug trafficking, and other violent crime – related issues.

For a breakdown of the awards, please click here. For more information on the COPS Hiring Program ORP grants, please visit: https://cops.usdoj.gov/pdf/2020AwardDocs/chp/FY20_Relentless_Pursuit_Fact_Sheet.pdf

The Bureau of Justice Assistance is making $10 million available to support Operation Relentless Pursuit. BJA funds will support efforts such as the hiring of additional prosecutors, overtime expenses for task force members, multi-agency investigations, mobile data terminals and modern technological platforms, and development of strategic plans to address gaps in combating violent crime.

WASHINGTON – The Department of Justice today filed a Statement of Interest in a South Carolina federal court to promote the proper and uniform interpretation of the Voting Rights Act.  The Statement of Interest is part of the Department of Justice’s continuing efforts around the country to enforce our nation’s federal voting rights laws.

The lawsuit in question, brought by private plaintiffs, involves constitutional and statutory challenges to South Carolina’s witness requirement for absentee ballots.  Although private plaintiffs’ constitutional claims relate to the COVID-19 pandemic, plaintiffs have also asked the court to enjoin South Carolina’s witness requirement permanently as a violation of Section 201 of the Voting Rights Act. 

The Statement of Interest explains that Section 201 prohibits denial of the right to vote to citizens who fail to prove their qualifications by the voucher of registered voters or members of any other class.  However, South Carolina’s absentee witness requirement does not violate Section 201 because it neither requires witnesses to vouch for a voter’s qualifications nor limits the set of acceptable witnesses to registered voters or any other relevant class.  The Statement of Interest also explains that a claim under Section 201 must be heard by a three-judge federal district court.  The Statement of Interest does not take a position on any of the private plaintiffs’ other claims.

“The Voting Rights Act outlaws certain practices that deprive Americans of the right to vote because of race and other protected traits.  The Voting Rights Act does not outlaw all voting-related requirements enacted by the States,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division.  “Congress has entrusted the U.S. Department of Justice with enforcement of the Voting Rights Act and the other federal voting rights laws.  These laws protect the right of Americans to vote for their preferred candidates.  We will continue to enforce them fairly, including by explaining to courts the legal framework that governs challenges to the voting laws enacted by the States.” 

“This office will always ensure that the people of South Carolina have their voices heard in the voting booth,” said U.S. Attorney for the District of South Carolina, Peter M. McCoy, Jr.  “This filing indicates that we take that duty seriously, and we will continue to do so.”

Section 201 of the Voting Rights Act is a permanent, nationwide prohibition on the use of tests and devices in our elections.  These unlawful procedures include literacy tests, educational achievement or knowledge tests, good moral character requirements, and voucher requirements. 

More information about the Voting Rights Act and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section.  Complaints about possible violations of the federal voting rights laws may be reported to the Justice Department’s Civil Rights Division at 1-800-253-3931.

In honor of National Police Week, Attorney General William P. Barr recognizes the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed Sunday, May 10, through Saturday, May 16, 2020.

“There is no more noble profession than serving as a police officer,” said Attorney General Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. National Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe. This year, the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.

Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers nationwide were killed in line-of-duty incidents in 2019.

Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019, released by the FBI on May 4, 2020.

The names of all fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 p.m. EDT. To view this free online event, please visit: https://www.youtube.com/user/TheNLEOMF.

WASHINGTON – This week, the President’s Commission on Law Enforcement and the Administration of Justice held a hearing on juvenile justice over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, May 5, the Commission received testimony from Tim Irwin, Juvenile Judge, Knox County, Tenn.; Brett Kyker, Juvenile Division Chief, Cuyahoga County, Ohio, and; John F. Clark, President and Chief Executive Officer of the National Center for Missing & Exploited Children (NCMEC).

Testimony and discussions focused on framing the issue and the need for accountability. Judge Irwin stated that juvenile court is “not an independent kingdom.” It needs to work with all the other pieces of juvenile justice - especially social services - in rehabilitating children and keeping them, as well as entire communities, safe. Chief Kyker recommended to the Commission that law enforcement assess juveniles when they first encounter them and provide them with tailored services to steer them away from the criminal justice system. President Clark testified that NCMEC provides age-appropriate safety and prevention resources on topics of online and real-world safety. He emphasized that prevention education and awareness is especially essential in times of unpredictability for children, such as this current time-frame when COVID19 stay-at-home orders are in place.

On Wednesday, May 6, the Commission heard testimony from Mo Canady, Executive Director of the National Association of School Resource Officers; Tarrant County (Texas) Sheriff Bill E. Waybourn; Thomas Lemmer, Member, Fraternal Order of Police Lodge #7, Deputy Chief, Chicago Police Department, and; Addison Davis, School Superintendent of Hillsborough County Public Schools in Florida. Superintendent Davis was joined by John Newman, Chief of Security and Emergency Management for Hillsborough County Public Schools for the Q and A portion of the hearing.

Testimony and discussion focused on how law enforcement addresses juveniles involved in crime. Executive Director Canady told the Commission that the number one goal of any successful school resource officer must be to “bridge the gap” between law enforcement and youth. He argued that positive relationships between students and school resource officers lay a powerful foundation for the exchange of information and the protective support of students. Sheriff Waybourn stated: “If we could take dollars that are spent on the juvenile justice system and spend those dollars on the front end while also reexamining our foster care program, we could focus on the forgotten children that we later call delinquents.” Deputy Chief Lemmer urged the Commission to acknowledge the core role of the juvenile court structure. He believes that a "multi-layer community response [to juvenile justice] is needed," including robust prevention measures and effective child welfare monitoring. Superintendent Davis urged the Commission to consider initiating a standardized threat assessment instrument that is accessible to all school districts in our nation.

On Thursday, May 7, the Commission completed its hearing on juvenile justice with testimony from Pam Iorio, President and Chief Executive Officer of Big Brothers Big Sisters of America; Steve Salem, President and Chief Executive Officer of the Cal Ripken Sr. Foundation; Wintley Phipps, Founder, President and Chief Executive Officer of U.S. Dream Academy Inc., and; Jim Clark, President and Chief Executive Officer of the Boys & Girls Clubs of America.

Testimony and discussion focused on youth mentorship. President Iorio discussed the benefits of the Big Brothers Big Sisters’ one-to-one mentoring programs and the impact it has on keeping children out of the juvenile justice system. President Clark discussed how the COVID19 pandemic is presenting new challenges to juvenile justice… “The risk factors that kids face at home and in their communities are magnified – putting them at even higher risk than ever before." Clark believes that "prioritizing prevention and early intervention with youth will reduce the potential impacts of community violence, gang activity and engagement in high-risk activity." President Phipps testified that “intergenerational incarceration fuels the normalization of incarceration… Mentoring is the last great hope when the family disintegrates.” President Salem recommends that police executives encourage and reward officers that engage in youth development programs to provide positive interactions between police and youth.

For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice

Audio recordings and transcripts of the hearings will be posted online once available.

Assistant Attorney General Stephen E. Boyd issued the following statement in support of efforts to streamline payments under the Public Safety Officer Benefit Program (PSOB) to public safety officers fatally injured while working during COVID-19:

 “The Department of Justice is honored to review the more than 1,000 claims submitted to the PSOB Program each year on behalf of America's fallen and injured public safety heroes and their loved ones.  With the recent outbreak of COVID‐19, America’s law enforcement officers, firefighters, and other first responders face a new health risk as they continue to selflessly serve their communities.  The department supports congressional efforts to provide for expeditious resolution of claims for public safety officers who contract COVID-19 while working during this challenging time.  The department has provided technical assistance on the Senate legislation and stands ready to continue to assist Congress in their efforts on behalf of these brave community heroes.”    

Background: 

The PSOB program provides death benefits to the eligible survivors of public safety officers who are fatally injured in the line of duty.  Infectious diseases, viruses, and bacteria currently may be found to be an injury sustained in the line of duty.  The program also provides disability benefits to public safety officers catastrophically injured in the line of duty, and education benefits to the eligible spouses and children of fallen and catastrophically injured officers.   

As the PSOB Office receives claims based on COVID‐19 exposure, it will work closely with survivors, officers, and agencies.  For questions regarding the PSOB Program or filing a claim, please visit PSOB’s online portal at www.psob.gov.

The Department of Justice announced today that it has reached a settlement with Randstad North America Inc. (Randstad), a global staffing agency with offices throughout the United States and a headquarters in Atlanta, Georgia. The settlement resolves the department’s claims that the staffing company’s South Plainfield, New Jersey location, violated the Immigration and Nationality Act (INA) by discriminating against lawful permanent residents when verifying their work authorization. 

“Staffing agencies must properly train their employees not to require more or different work authorization documents than specified by law, because of a worker’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend Randstad for its commitment to ensuring that its hiring and onboarding activities comply with this law.”

Based on its investigation, the department concluded that Randstad’s South Plainfield location repeatedly discriminated against lawful permanent residents by requiring them to present specific documents, such as Permanent Resident Cards, even when they had presented sufficient documentation to prove their work authorization.

The investigation began because a lawful permanent resident filed a complaint with the department. The department also determined that the South Plainfield location subjected her to this discriminatory practice on two occasions and refused to hire her based on her citizenship status, even though she was authorized to work.

Under the terms of the settlement agreement, Randstad will pay a civil penalty of $135,000 for its unlawful document requests to lawful permanent residents and provide $909 in back pay to the worker who lost wages when she was turned away from the job. Additionally, Randstad will train its relevant South Plainfield location employees about the requirements of the INA’s anti-discrimination provision, including using a training assessment and attending a webinar provided by the Division’s Immigrant and Employee Rights Section (IER).

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.   

Learn more about IER’s work and how to get assistance through this brief video. 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; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

Apotex Corp., a generic pharmaceutical company headquartered in Florida, was charged with fixing the price of the generic drug pravastatin, the Department of Justice announced today.  According to the one-count felony charge filed in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, Apotex and other generic drug companies agreed to increase and maintain the price of pravastatin, a commonly prescribed cholesterol medication that lowers the risk of heart disease and stroke.  The conspiracy began in May 2013 and continued through December 2015.  

The Antitrust Division also announced a deferred prosecution agreement (DPA) resolving the charge against Apotex.  The company agreed to pay a $24.1 million criminal penalty and admit that it conspired with other generic drug sellers to artificially raise the price of pravastatin.  The single count charges that Apotex communicated with competitors about the price increase and subsequently refrained from submitting competitive bids to customers that previously purchased pravastatin from a competing company.  Under the DPA, Apotex has agreed to cooperate fully with the Antitrust Division’s ongoing criminal investigation.  As part of the agreement, the parties will file a joint motion, which is subject to approval by the court, to defer for the term of the DPA any prosecution and trial of the charges filed against the defendant.

“Now, more than ever, we recognize and appreciate the importance of life-saving medications,” said Assistant Attorney General of the Department of Justice Antitrust Division, Makan Delrahim.  “When the makers of those medications conspire to raise prices for profit, the most vulnerable among us suffer.  That’s why we at the Antitrust Division are committed to pursuing the prosecution of antitrust crimes by the generic pharmaceutical industry.”

“During these difficult times, it is more important than ever that our pharmaceutical companies conduct business with the well-being of the consumer in mind,” said Special Agent in Charge Scott Pierce, U.S. Postal Service Office of Inspector General.  “When generic drug companies conspire to fix prices and rig bids, they do so to the detriment of many who depend on these medications to maintain good health.  Along with the Department of Justice Antitrust Division and our partners at the Federal Bureau of Investigation, the USPS Office of Inspector General will remain committed to investigating those who would engage in this type of harmful conduct.”

“Today’s announcement demonstrates that the FBI is dedicated to enforcing the law and investigating those who choose to collude at the expense of innocent Americans.  The public should not have to pay a higher price for necessary medications because of corporate greed,” said Timothy R. Slater, Assistant Director in Charge of the FBI’s Washington Field Office.  “During these uncertain times, we know that access to life-saving medication is of the utmost importance.  The FBI, along with our partners, are focused on investigating and bringing those responsible to justice, on behalf of the American public.”

“Compromising the health and welfare of innocent people by artificially inflating the price of a much needed medication is not only morally wrong, but illegal,” said U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania.  “Preying on the public in this manner for the sake of financial gain is something that must be rooted out of the pharmaceutical industry.  We will continue to hold accountable any company that engages in this type of conduct.”

Apotex is the fourth company to be charged in connection with antitrust violations in the generic pharmaceutical industry.  The previous three corporate charges were resolved by deferred prosecution agreements.  Four individuals have also been charged.  Three entered guilty pleas and the fourth is awaiting trial.

The charged offense carries a statutory maximum penalty of a $100 million fine per count for corporations, which may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $100 million. 

The charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging, and other anticompetitive conduct in the generic pharmaceutical industry, which is being conducted by the Antitrust Division with the assistance of the U.S. Postal Service Office of Inspector General, the FBI’s Washington Field Office, the FBI’s Philadelphia Field Office, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania.  Anyone with information on market allocation, price fixing, bid rigging, and other anticompetitive conduct related to the generic pharmaceutical industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Randstad North America, Inc. (Randstad), una agencia de empleo internacional con oficinas por todo Estados Unidos y con sede en Atlanta, Georgia. El acuerdo resuelve las demandas interpuestas por el Departamento que mantienen que la oficina de la agencia de empleo que está ubicada en South Plainfield, Nueva Jersey vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a residentes permanentes legales al verificar su autorización para trabajar. 

«Agencias de empleo deben capacitar adecuadamente a sus empleados instruyendoles a no requerir documentos de autorizacion para trabajar adicionales o diferentes a los que la Ley especifica por motivos del estatus de ciudadanía de un trabajador», afirmó Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «Felicitamos a Randstad por su compromiso de garantizar que sus actividades de contratación e incorporación cumplen con esta ley».

Con base en su investigación, el Departamento concluyó que la oficina de Randstad en South Plainfield discriminó habitualmente a residentes permanentes legales al requerir que presentasen documentos innecesarios y específicos, tales como tarjetas de residente permanente, incluso cuando ya habían presentado suficiente documentación como para demostrar su autorización para trabajar.

La investigación comenzó porque un residente permanente legal presentó una demanda ante el Departamento. El Departamento también determinó que la oficina en South Plainfield la había sujeto a esta práctica discriminatoria en dos ocasiones y que se había negado a contratarla por motivos de su estatus de ciudadanía, a pesar de disponer de autorización para trabajar.

Conforme los términos del acuerdo conciliatorio, Randstad pagará una sanción civil que asciende a 135.000 $ por pedir documentos ilegalmente a residentes permanentes legales y ofrecerá $909 por concepto de pagos retroactivos a la trabajadora que perdió su sueldo al ser denegado el trabajo. Además, Randstad capacitará a los empleados relevantes de su oficina en South Plainfield acerca de los requisitos de la disposición antidiscriminatoria de la INA, lo que incluye usar una evaluación de capacitación y participar en un seminario en línea brindada por la Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la DIvisión.           

La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en su estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias o la intimidación.

Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias puedenpresentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery .

A federal court ordered a California company to stop distributing hand sanitizer products that are unapproved new drugs, the Justice Department announced today.

In an order entered on May 4, 2020, U.S. District Judge David O. Carter of the Central District of California enjoined Innovative BioDefense Inc., of Lake Forest, California, along with company CEO Colette Cozean and distributor Hotan Barough, from distributing “Zylast” hand sanitizer products until the company obtains U.S. Food and Drug Administration (FDA) approval or removes disease-specific claims from its product labeling.  Judge Carter entered his order following eight days of trial.

“Consumers are entitled to drug labeling that complies with the law,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department of Justice works closely with the FDA to ensure that manufacturers lawfully comply with the drug approval process.”

In a 2018 complaint, the United States alleged that the defendants distributed Zylast products in violation of the Federal Food, Drug, and Cosmetic Act (FDCA).  According to the complaint, the defendants marketed their products as being effective against infection by pathogens such as the norovirus, rhinovirus, rotavirus, flu virus, Methicillin-Resistant Staphylococcus Aureus bacteria and Ebola virus, despite a lack of proof of the products’ safety and effectiveness for such uses and no approval from the FDA.  The court found that the defendants’ violations of the FDCA were persistent and recurrent.

The Zylast product line includes Zylast Broad Spectrum Antimicrobial Antiseptic, Zylast XP (Extended Protection) Antiseptic Lotion and Zylast XP (Extended Protection) Antiseptic Foaming Soap.

The defendants distributed their Zylast products through the internet directly to consumers.  According to the complaint, the Zylast website, www.zylast.com, featured a “Buy Now” button that linked consumers to a second website, zylastdirect.com, where customers could purchase the products.  Along with these websites, the court also found that a new webpage that IBD launched during trial, www.zylastpro.com, also contained disease-specific claims.

“American consumers rely on the FDA to ensure that their drugs are safe and effective. Products with fraudulent claims to prevent or treat serious or life-threatening diseases puts consumers health at risk,” said Stacy Amin, FDA Chief Counsel.  “When we cannot achieve voluntary compliance, we are fully committed to working with the Department of Justice to take appropriate action against those that subvert FDA requirements and jeopardize the health of Americans.”

The case was handled by Trial Attorneys Jason Lee, Jim Nelson, Douglas Ross, Claude Scott, and Sarah Williams of the Civil Division’s Consumer Protection Branch, with the assistance of the U.S. Attorney’s Office for the Central District of California and Associate Chief Counsel for Enforcement Yen Hoang and James Fraser of FDA’s Office of the Chief Counsel.

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

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.

Attorney General William P. Barr issued the following statement:

“American Indian and Alaska Native people have suffered injustices for hundreds of years, including today’s rampant domestic and sexual violence carried out primarily against women and girls.  Today, President Trump has proclaimed a day to remember all those missing and lost to this unacceptable violence.  Through the Presidential Task Force – co-chaired by Katie Sullivan, who heads our Office of Justice Programs – and in partnership with Tribal Nations, we are all committed to ending this cycle of violence.  To that end, we have brought unprecedented resources to support public safety and victim services, including $270 million in grant funding in fiscal year 2019.  The department is also hiring 11 coordinators to consult with tribes and develop common protocols to address this scourge of violence.  From this day forward, today’s proclamation marks a time for all of us to honor Native Americans who have been lost and rededicate ourselves to what President Trump has called ‘our mission to bring healing, justice, hope, and restoration’ to American Indian and Alaska Native communities.”

The Department of Justice announced today that it has transferred $311,797,876.11 to the government of the Federal Republic of Nigeria (Nigeria) in accordance with a Feb. 3, 2020, trilateral agreement among the governments of the United States, Nigeria and the Bailiwick of Jersey (Jersey) to repatriate assets the United States forfeited that were traceable to the kleptocracy of former Nigerian dictator Sani Abacha and his co-conspirators. 

In 2014, U.S. District Judge John D. Bates for the District of Columbia entered judgment forfeiting approximately $500 million located in accounts around the world, as the result of a civil forfeiture complaint the Department of Justice filed against more than $625 million traceable to money laundering involving the proceeds of Abacha’s corruption.  After appeals in the United States were exhausted in 2018, the government of Jersey enforced the U.S. judgment against the funds located in that jurisdiction.

The forfeited assets represent corrupt monies laundered during and after the military regime of General Abacha, who assumed the office of the president of the Federal Republic of Nigeria through a military coup on Nov. 17, 1993, and held that position until his death on June 8, 1998.  The complaint alleges that General Abacha, his son Mohammed Sani Abacha, their associate Abubakar Atiku Bagudu and others embezzled, misappropriated and extorted billions from the government of Nigeria and others, then laundered their criminal proceeds through U.S. financial institutions and the purchase of bonds backed by the United States.  Jersey’s cooperation in the investigation, restraint and enforcement of the U.S. judgment, along with the valuable contributions of Nigeria and other law enforcement partners around the world, have been instrumental to the recovery of these funds.

Under the trilateral agreement signed in February, the United States and Jersey agreed to transfer 100 percent of the net forfeited assets to the Federal Republic of Nigeria to support three critical infrastructure projects previously authorized by the Nigerian government.  Specifically, under this agreement, the recovered funds will help finance the construction of critical infrastructure in key economic zones to include the Second Niger Bridge, the Lagos-Ibadan Expressway and the Abuja-Kano road.  These investments will benefit all of the Nigerian people. 

The agreement includes key measures to ensure transparency and accountability, including administration of the funds and projects by the Nigeria Sovereign Investment Authority (NSIA), financial review by an independent auditor, and monitoring by an independent civil society organization with expertise in engineering and other areas.  The agreement also precludes the expenditure of funds to benefit alleged perpetrators of the corruption or to pay contingency fees for lawyers.  The agreement reflects the sound principles for ensuring transparency and accountability in the return and disposition of recovered assets adopted at the Global Forum on Asset Recovery (GFAR) in December 2017 in Washington, D.C., which the United States and the United Kingdom (UK) hosted with support from the Stolen Asset Recovery Initiative of the World Bank and the United Nations Office on Drugs and Crime.  

In addition to the more than $311.7 million forfeited in Jersey, the Department of Justice is seeking to enforce its forfeiture judgment against approximately $30 million located in the UK and over $144 million in France.  The United States continues to seek forfeiture of over $177 million in additional laundered funds held in trusts that name Abacha associate Abubakar Atiku Bagudu, the current governor of Kebbi State, and his relatives as beneficiaries. 

The United States entered into the trilateral agreement to repatriate the Jersey assets because of its longstanding commitment to recover asset for the benefit of the people of countries harmed by corruption and the important safeguards embodied in the agreement.  The transfer announced today demonstrates the U.S. commitment to asset recovery and responsible repatriation, consistent with its obligations under the trilateral agreement.

This case was brought under the Kleptocracy Asset Recovery Initiative by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section working in partnership with the FBI.  Through the Kleptocracy Asset Recovery Initiative, the Department of Justice and federal law enforcement agencies seek to safeguard the U.S. financial system from criminal money laundering and to recover the proceeds of foreign official corruption.  Where appropriate and possible, the department endeavors to use recovered corruption proceeds to benefit the people harmed by acts of corruption and abuse of public trust.

Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov.  The Criminal Division’s Office of International Affairs provided significant assistance.  The department appreciates the extensive assistance provided by the governments of Jersey, Nigeria and the UK in this investigation.

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.

Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the proposed transaction, as structured, would harm competition. 

The merger would have combined the second and third largest publishers of textbooks in the United States in a market long dominated by three major textbook publishers.  “American students were our primary concern when evaluating the possible competitive effects of this deal,” said Assistant Attorney General Makan Delrahim of the department’s Antitrust Division.  “The decision to abandon this merger preserves competition in the market for textbook publishing, an important industry in the education sector.  Cengage and McGraw-Hill’s decision to abandon this merger also preserves innovation, as the two firms compete aggressively in the development of courseware technology.”

McGraw-Hill, headquartered in New York City, is the second-largest publisher of course materials in higher-education, which include physical textbooks, e-books, and digital courseware.  McGraw-Hill is a private company, owned by a private equity fund operated by Apollo Global Management LLC.

Cengage is a publicly-traded company that is headquartered in Boston, Massachusetts.  It is the third-largest publisher for higher-education course materials, which includes physical textbooks, e-books, and courseware.

Sabre Corporation and Farelogix, Inc. announced today the termination of their merger agreement.

The Department of Justice filed a civil antitrust lawsuit on Aug. 20, 2019, to block Sabre’s $360 million acquisition of its disruptive rival Farelogix to preserve the significant head-to-head competition between these two companies that has substantially benefitted airlines and consumers. 

Following an eight-day bench trial before the Honorable Leonard P. Stark in the U.S. District Court for the District of Delaware, the District Court on April 7 denied the department’s request to block the merger, ruling that it was bound by the Supreme Court’s decision in Ohio v. American Express Co., 138 S. Ct. 2274 (2018) (Amex), to hold that Sabre and Farelogix do not compete in a relevant market despite the District Court’s own factual findings that Sabre and Farelogix do compete.  Just two days after the District Court issued its opinion, however, the United Kingdom’s Competition & Markets Authority (CMA) found the deal unlawful under U.K. competition law.

“The United Kingdom’s CMA decision to block Sabre’s acquisition of Farelogix confirms our view that the merger was anticompetitive,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “We were disappointed with the District Court’s application of Amex to this merger case.  We already had filed a protective notice to appeal to preserve our appellate options and now are considering whether to move to vacate the District Court’s opinion in light of the Defendants’ decision to terminate their deal.”

This week, the President’s Commission on Law Enforcement and the Administration of Justice completed its hearings on reentry, with panels on getting back to work and transitioning from institution to community. The Commission also hosted a hearing on grant programs, featuring perspectives from the field. The hearings were held over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, April 28, the Commission received testimony from BJay Pak, United States Attorney for the Northern District of Georgia; Nate Brown, Director of Programs for the Oklahoma Department of Corrections, and; John Wetzel, Secretary of the Pennsylvania Department of Corrections

Testimony and discussions focused on returning to work after incarceration. U.S. Attorney Pak discussed adapting the Credible Messenger program to reentry. “Prior to release, participants in the [correctional] facility complete classes in job training, soft skills & financial literacy.” Mr. Brown testified that, “the stigma of a felony conviction and its long term effects can be crippling. It is the goal of everyone invested in reentry to help these men and women overcome these issues for themselves, their families and their communities.” Secretary Wetzel provided the final testimony of the day, urging the Commission to look at re-entry as a continuum and a process that begins at a person’s entry into a correctional facility.

On Wednesday, April 29, the Commission concluded its hearing on reentry with testimony from Tim Johnson, Founder and President of the Orlando Serve Foundation; Jay Sanders, Assistant Commissioner for the Georgia Criminal Justice Coordinating Council; Steven Perkins, Warden for the Georgia Department of Corrections Metro Reentry Facility, and; Jean Wright II., Psy.D. Director of Behavioral Health and Justice Related Services for the Philadelphia Department of Behavioral Health and Intellectual disability Services

Testimony and discussion focused on transitioning from incarceration to the community. Mr. Johnson spoke about his organization, Orlando Serve Foundations. “Through our events and our focus on compassionate restorative social justice, we are influencing change within the criminal justice system, improving the community relations with law enforcement, and helping to lift people out of poverty…” Assistant Commissioner Sanders discussed the efforts the Georgia prison system is taking to reduce recidivism rates. “Every individual that enters the Georgia prison system is assessed for their risk and needs using the Next Generation Assessment (NGA). The NGA is a proprietary assessment tool… [that] uses over 300 factors about the offender…” Warden Perkins explained: “It is important to positively affect thinking patterns and behaviors prior to release in order to help these individuals refrain from recidivating. Reentry begins at the time of sentencing, and the purpose of Metro [Reentry Facility] is to put into play the best practices and enhance them as we prepare these men to reenter society – ready to face the challenges that may come, knowing that they can handle whatever they may face and do so successfully.” Dr. Wright testified to the importance of family in breaking the cycle of crime. “We need to develop more creative reentry/reintegration programs that address the myriad of social determinants that impact whether a child has access to both parents, especially access to fathers, even if/when incarceration plays a key role in the reason for separation.”

On Thursday, April 30, the Commission held its hearing on grant programs with testimony from Jennifer Brinkman, Assistant Director of Criminal Justice Programs, Tennessee Department of Administration and Finance; Jackson County (Texas) Sheriff J. Louderback, and; Redondo Beach (Calif.) Police Chief Keith Kauffman.

Testimony and discussion focused on perspectives from the field. Assistant Director Brinkman testified that the grant process can be time consuming and arduous for many applicants. She recommends streamlining the application and reporting process across federal agencies and programs. Sheriff Louderback also stressed the need to simplify the grant process. There are tremendous reporting requirements, the applications are too long, and the wait, which can be eight months or a year, is not efficient. Chief Kauffman reinforced the complexity of writing grants – that they are time consuming and constantly pull him away from his law enforcement duties; however, grants also propel him, because they allow law enforcement agencies to do their jobs better.

For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice.

Audio recordings and transcripts of the hearings will be posted online once available.

The owner and Chief Executive Officer of a Republic of Korea–based company, DK Marine, that provided ship husbanding services to the U.S. Navy pleaded guilty today for his role in a bribery conspiracy.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge David Bell of the Naval Criminal Investigative Service’s (NCIS) Far East Field Office, and Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service’s (DCIS) Transnational Operations Field Office made the announcement.

Sung Yol “David” Kim, 49, a citizen of the Republic of Korea, pleaded guilty to one count of conspiracy to commit bribery before U.S. District Judge Mark A. Goldsmith of the Eastern District of Michigan.  Sentencing has been scheduled for Nov. 17, 2020, before Judge Goldsmith. 

Pursuant to his guilty plea, Kim admitted that between October 2013 and January 2014, Kim conspired with James Russell Driver III, a civilian U.S. Navy cargo ship captain, and another civilian U.S. Navy employee to have Kim and his company provide husbanding services for Driver’s ship during a December 2013 port visit in Chinhae, Republic of Korea, in violation of appropriate U.S. Navy husbanding procedures.  Driver also provided Kim with confidential and other proprietary, internal U.S. Navy information.  In exchange, Kim paid bribes to Driver, including personal travel expenses for Driver and his family.  Driver pleaded guilty for his role in the conspiracy in March 2019. 

NCIS and DCIS investigated the case.  Trial Attorney Jessee Alexander-Hoeppner of the Criminal Division’s Fraud Section is prosecuting the case. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

WASHINGTON - The Justice Department announced today that it has entered an agreement with the state of Arkansas to resolve claims that the state did not provide certain opportunities to update voter registration records as required by Section 5 of the National Voter Registration Act of 1993 (NVRA).

Section 5 of the NVRA requires states to provide voter registration opportunities for federal elections when eligible citizens apply for or seek to renew their driver’s license or other identification documents through state motor vehicle offices. Section 5 also requires states to update voter registration records when registrants update the address associated with a driver’s license or other identification document, unless the registrant indicates otherwise.

The Justice Department’s investigation found that Arkansas did not comply with certain NVRA address-update requirements. Procedures by which citizens notified motor vehicle authorities online or by mail that their address had changed did not serve as notification of a change of address for voter registration purposes, as the NVRA requires.

“Since our founding as a republic, the right to vote has distinguished the United States from undemocratic regimes around the world. Dictators, monarchs, emperors, and tyrants have no place here.  We rule ourselves. One way we do so is by making sure that voter registration information is accurate,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Civil Rights Division commends the state of Arkansas for working with the division to ensure that Arkansas’s citizens have the opportunity to update their voter registration information easily and conveniently through motor vehicle agencies, as required by the National Voter Registration Act.”

Under the terms of the settlement, Arkansas will ensure that all change of address information submitted for driver’s license purposes will be used to update voters’ address information, unless voters decline to update their voter registration.  

More information about the NVRA and other federal voting rights laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about voter registration practices may be reported to the Civil Rights Division at 1-800-253-3931.

The Department of Justice announced today the conclusion of its investigation into proposed acquisitions by Dairy Farmers of America Inc. (DFA) and Prairie Farms Dairy Inc. (Prairie Farms) of fluid milk processing plants from Dean Foods Company (Dean) out of bankruptcy.  The department’s investigation was conducted against the backdrop of unprecedented challenges in the dairy industry, with the two largest fluid milk processors in the U.S., Dean and Borden Dairy Company, in bankruptcy, and Dean faced with imminent liquidation.

The department’s Antitrust Division, along with the offices of the Massachusetts and Wisconsin attorneys general (Plaintiff States), filed a civil antitrust lawsuit today in the U.S. District Court for the Northern District of Illinois to block DFA’s proposed acquisition of three fluid milk processing plants from Dean, which are located in northeastern Illinois, Wisconsin, and New England.  At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit through the divestiture of plants located in in Harvard, Illinois; De Pere, Wisconsin; and Franklin, Massachusetts, as well as associated equipment and other assets related to fluid milk production, to an acquirer or acquirers approved by the U.S.  During its investigation, the department also expressed concerns to DFA and Dean about the potential loss of competition if DFA were to acquire a number of Dean’s fluid milk processing plants in the Upper Midwest, and DFA subsequently ceased its efforts to acquire those plants.

The department is also closing its investigation into Prairie Farms’ proposed acquisition of fluid milk processing plants from Dean in the South and Midwest after concluding that the plants at issue likely would be shut down if not purchased by Prairie Farms because of Dean’s distressed financial condition and the lack of alternate operators who could timely buy the plants.

“This is a tumultuous time for the dairy industry, with the two largest fluid milk processors, Dean and Borden Dairy Company, in bankruptcy, and a pandemic causing demand for milk by schools and restaurants to collapse.  In the face of these challenges and Dean’s worsening financial condition, the department conducted a fast but comprehensive investigation, and our actions today preserve competition for fluid milk processing in northeastern Illinois, Wisconsin, and in New England,” said Assistant Attorney General Makan Delrahim of the Antitrust Division.  “In addition, the closing of the department’s investigation into Prairie Farms’ acquisition will preserve necessary outlets for dairy farmers and keep milk on consumers’ refrigerator shelves by keeping the plants in operation.”

“I am very happy that we’ve been able to help protect competition in the dairy industry here in Wisconsin,” said Wisconsin Attorney General Joshua L. Kaul.  “While strong competition in the market is always important, it’s incredibly important now, as we’re living through a pandemic.  Our supply chain must have robust competition to ensure a continued supply of milk to those who need it.”

Today’s settlement with DFA and Dean will ensure the continued operation of dozens of fluid milk plants and that supermarkets, schools, convenience stores, hospitals, and other consumers of fluid milk are not harmed by the loss of Dean’s processing plants due to its bankruptcy. 

DFA is a Kansas cooperative marketing association headquartered in Kansas City, Kansas.  It has nearly 14,000 farmer-members across the United States.  DFA had 2018 revenues of $13.6 billion. 

Prairie Farms is an Illinois corporation headquartered in Edwardsville, Illinois.  It has over 700 farmer-members and annual revenues of over $3 billion. 

Dean is a Delaware corporation headquartered in Dallas, Texas.  It operates 57 fluid milk processing plants in 29 states.  Dean had 2018 revenues of $7.75 billion.  On Nov. 12, 2019, Dean filed for Chapter 11 bankruptcy protection and will cease to operate as a going concern in May 2020. 

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

Texas-based ice cream manufacturer Blue Bell Creameries L.P. agreed to plead guilty to charges it shipped contaminated products linked to a 2015 listeriosis outbreak, and the company’s former president was charged in connection with a scheme to cover up the incident, the Justice Department announced today. 

In a plea agreement filed with a criminal information in federal court in Austin, Texas, Blue Bell agreed to plead guilty to two misdemeanor counts of distributing adulterated ice cream products and pay a criminal fine and forfeiture amount totaling $17.25 million.  Blue Bell also agreed to pay an additional $2.1 million to resolve civil False Claims Act allegations regarding ice cream products manufactured under insanitary conditions and sold to federal facilities.  The total $19.35 million in fine, forfeiture, and civil settlement payments constitutes the second largest-ever amount paid in resolution of a food-safety matter.

In a related case, Blue Bell’s former president, Paul Kruse, also was charged with seven felony counts related to his alleged efforts to conceal from customers what the company knew about the listeria contamination.

“American consumers rely on food manufacturers to take necessary steps to provide products that are safe to eat,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department of Justice will take appropriate action where food manufacturers ignore poor factory conditions or fail to abide by required recall procedures when problems are discovered.”

The plea agreement and criminal information filed today against Blue Bell in the U.S. District Court for the Western District of Texas alleges that the company distributed ice cream products that were manufactured under insanitary conditions and contaminated with Listeria monocytogenes, in violation of the Food, Drug and Cosmetic Act.  According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems.  Blue Bell directed its delivery route drivers to remove remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential listeria contamination.  Two weeks after receiving notification of the first positive listeria tests, Texas state officials informed Blue Bell that additional testing confirmed listeria in a third product.  Blue Bell again chose not to issue any formal notification to customers regarding the positive tests.

In March 2015, tests conducted by the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) linked the strain of listeria in one of the Blue Bell ice cream products to a strain that sickened five patients at a Kansas hospital with listeriosis, the severe illness caused by ingestion of listeria-contaminated food.  The FDA, CDC, and Blue Bell all issued public recall notifications on March 13, 2015.  Subsequent tests confirmed listeria contamination in a product made at another Blue Bell facility in Broken Arrow, Oklahoma, which led to a second recall announcement on March 23, 2015. 

“The health of American consumers and the safety of our food are too important to be thwarted by the criminal acts of any individual or company,” said Judith A. McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, FDA.  “Americans expect and deserve the highest standards of food safety and integrity and we will continue to pursue and bring to justice those who put the public health at risk by distributing contaminated foods in the U.S. marketplace.”   

“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to hold companies accountable for failing to abide by important contract requirements,” said Robert E. Craig Jr., Special Agent in Charge of the DCIS Mid-Atlantic Field Office.  “This case has been particularly concerning because of the disregard of basic food safety rules and the impact those actions can have on the health and safety of the Defense Department's service members and their families.”

“The health and safety of our military members and their families is critical to the Department of Defense and mission readiness,” said Michael C. Mentavlos, Special Agent in Charge of the DCIS Southwest Field Office.  “We take all criminal acts, including those that raise grave health concerns, seriously, and DCIS will always place a premium on the well-being of our service members, their dependents, and our veterans.”

According to the plea agreement with the company, FDA inspections in March and April 2015 revealed sanitation issues at the Brenham and Broken Arrow facilities, including problems with the hot water supply needed to properly clean equipment and deteriorating factory conditions that could lead to insanitary circumstances.  Blue Bell temporarily closed all of its plants in late April 2015 to clean and update the facilities.  Since re-opening its facilities in late 2015, Blue Bell has taken significant steps to enhance sanitation processes and enact a program to test products for listeria prior to shipment. 

According to the allegations filed against Kruse, Blue Bell’s former president allegedly orchestrated a scheme to deceive certain Blue Bell customers after he learned that products from the company’s Texas factory tested positive for Listeria monocytogenes.  Kruse specifically is asserted to have directed other Blue Bell employees to remove potentially contaminated products from store freezers without notifying retailers or consumers about the real reason for the withdrawal.  Kruse also is alleged to have directed employees to tell customers who asked why products were removed that there had been an unspecified issue with a manufacturing machine instead of that samples of the products had tested positive for listeria.

The civil False Claims Act settlement with the company resolves allegations that Blue Bell shipped ice cream products manufactured in insanitary conditions to U.S. facilities, and later failed to abide by contractually required recall procedures when its employees removed products from federal purchasers’ freezers without properly disclosing details about the potentially contaminated ice cream to the appropriate federal officials. 

The allegations filed against Kruse merely assert that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Except as admitted in the plea agreement, the False Claims Act claims resolved by the settlement with the company are allegations only and there has been no determination of liability.

Trial Attorneys Patrick Hearn and Matt Lash of the Civil Division’s Consumer Protection Branch prosecuted the case with assistance from Shannon Singleton and Michael Varrone of the FDA’s Office of Chief Counsel.  The criminal investigation was conducted by the FDA’s Office of Criminal Investigations and the Department of Defense's DCIS.  The U.S. Attorney’s Office for the Western District of Texas provided substantial assistance.

The civil False Claims Act investigation was led by Trial Attorney Michael Podberesky of the Civil Division’s Commercial Litigation Branch, with investigative support from the Department of Defense's DCIS. 

For more information about the enforcement efforts of the Consumer Protection Branch and the Fraud Section of the Commercial Litigation Branch, visit their websites at http://www.justice.gov/civil/consumer-protection-branch and https://www.justice.gov/civil/fraud-section. For updated information about events in this case, please see the page at https://www.justice.gov/civil/consumer-protection-branch/cases/blue-bell-creameries.

Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida, the Department of Justice announced.  This charge is the first in the department’s ongoing investigation into market allocation in the oncology industry.

According to a one-count felony charge filed today in the U.S. District Court in Fort Myers, Florida, FCS participated in a criminal antitrust conspiracy with a competing oncology group in Collier, Lee, and Charlotte counties (Southwest Florida).  FCS and its co-conspirators agreed not to compete to provide chemotherapy and radiation treatments to cancer patients in Southwest Florida.  Beginning as early as 1999 and continuing until at least 2016, FCS entered into an illegal agreement that allocated chemotherapy treatments to FCS and radiation treatments to a competing oncology group.  This conspiracy allowed FCS to operate with minimal competition in Southwest Florida and limited valuable integrated care options and choices for cancer patients.  

The Antitrust Division also announced a deferred prosecution agreement (DPA) resolving the charge against FCS, under which the company admitted to conspiring to allocate chemotherapy and radiation treatments for cancer patients.  FCS has agreed to pay a $100 million criminal penalty —the statutory maximum— and to cooperate fully with the Antitrust Division’s ongoing investigation.  FCS has also agreed to maintain an effective compliance program designed to prevent and detect criminal antitrust violations.

“Today’s resolution, with one of the largest independent oncology groups in the United States, is a significant step toward ensuring that cancer patients in Southwest Florida are afforded the benefits of competition for life-saving treatments,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “For almost two decades, FCS and its co-conspirators agreed to cheat by limiting treatment options available to cancer patients in order to line their pockets.  The Antitrust Division is continuing its investigation to ensure that all responsible participants are held accountable to the maximum extent possible.”

“The FBI has no tolerance for medical providers who stand to profit by criminally exploiting cancer patients,” said Michael McPherson, Special Agent in Charge of the FBI’s Tampa Field Office.  “We will not turn a blind eye while executives pad their pockets to the detriment of vulnerable Americans.  We will use every tool at our disposal to ensure that the public has access to a competitive marketplace for healthcare.”

Additionally, the agreement includes a non-compete waiver aimed at increasing competition in the treatment of cancer patients in Southwest Florida.  Under the agreement’s terms, FCS has agreed not to enforce any non-compete provisions with its current or former oncologists or other employees who, during the term of the DPA, open or join an oncology practice in Southwest Florida.

This charge 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 and the FBI’s Tampa Field Office – Fort Myers RA. 

The Florida Office of the Attorney General separately announced today that, in connection with its own independent investigation, FCS agreed to settle civil claims that it violated Florida antitrust laws.

Anyone with information on market allocation, price fixing, bid rigging, or other anticompetitive conduct in the health care or any other industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit www.justice.gov/atr/contact/newcase.html.  If you believe that you were a victim of this crime, please visit http://www.justice.gov/atr/victims-rights.

WASHINGTON – Adrian L. Stargell, 39, a former Bureau of Prisons (BOP) corrections officer who worked as an education specialist at the FCI-Aliceville facility in Aliceville, Alabama, pleaded guilty today in federal court in Tuscaloosa, Alabama. Stargell pleaded guilty to two counts of violating the rights of two women whom he sexually assaulted on multiple occasions and one count of making false statements to federal agents from the U.S. Department of Justice Office of the Inspector General (OIG).

“The Department of Justice will not tolerate prison officials who abuse their positions of power to sexually assault individuals in their custody,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to vigorously prosecute these cases and secure justice for victims of these egregious crimes.” 

“Sexual assault is as despicable as it is illegal,” said U.S. Attorney Jay E. Town from the Northern District of Alabama. “We will not tolerate this abhorrent behavior.  Our resolve must instead be to bring the full weight of our system of justice to every predator among us.”

“Stargell’s job was to help advance inmates’ rehabilitation through education,” said James F. Boyersmith, Special Agent in Charge of the OIG Miami Field Office.  “Instead, he abused his power, sexually assaulted two inmates, and lied to try to cover up his actions. This kind of conduct will not be tolerated. Special Agents at the Department of Justice Office of the Inspector General will continue to ensure that anyone who commits these kinds of despicable acts are brought to justice.”

According to court documents, during 2017 and 2018, while on-duty as an education specialist, Stargell sexually assaulted two different women who were incarcerated at FCI-Aliceville. Stargell admitted that he knew what he was doing was wrong and against the law, yet he did it anyway. When OIG agents interviewed Stargell about the allegations of sexual misconduct, Stargell lied by falsely denying having any sexual contact with the victims.

Stargell will be sentenced on Aug. 27, 2020.

This case was investigated by the Miami Field Office of the Department of Justice OIG. Assistant U.S. Attorney Robert Posey of the Northern District of Alabama and Special Litigation Counsel Fara Gold and Trial Attorney Anna Gotfryd of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice are prosecuting the case.

WASHINGTON – Nicholas J. Proffitt, 42, of Cape Girardeau, Missouri, was charged by a federal complaint with maliciously damaging a building by means of a fire. Proffitt will appear in court on April 30, 2020, for his initial appearance in front of U.S. Magistrate Judge Abbie Crites-Leoni.

According to the criminal complaint, on April 24, 2020, at approximately 4:50 a.m., a fire was discovered at The Islamic Center of Cape Girardeau, 298 Northwest End Boulevard, Cape Girardeau, Missouri. The Center’s video security system for the time of the fire observed Proffitt throwing multiple objects through a glass window, causing it to break. Proffitt threw two containers into the Center through the broken window and stepped through to enter the Center.  Proffitt then picked up the containers and splashed liquid inside the Center. Proffitt ignited the fire with some type of fire starter. The blaze began immediately and appeared to be accelerated by the liquid that was poured in the building. 

“To people of faith in our nation, houses of worship are sacred places,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Attacks against houses of worship are attacks against people of faith and their right to exercise their religion freely and without fear.  The Justice Department will defend the right of all people in our country to exercise their religion, no matter the creed.”

“I extend my sincere thanks to all law enforcement agencies involved for their quick and effective response to this serious crime,” said U.S. Attorney Jeff Jensen for the Eastern District of Missouri.

“The fact this fire damaged a place of worship during the Muslim holy month of Ramadan is especially harmful,” said Special Agent in Charge Richard Quinn of the FBI St. Louis Division. “Protecting the civil rights of all Americans, regardless of color or creed, is one of the top priorities of the FBI.”

“ATF has a long tradition of fire and arson investigation,” Marino Vidoli, Special Agent in Charge of ATF’s Kansas City Field Division. “In no case is that expertise more critical than a fire such as this. When a house of worship is intentionally damaged by fire, it is not only that congregation that suffers, but the entire community. Religious centers, churches and mosques are often at the center of our neighborhoods, offering sanctuaries of peace and caring to those in need. Today’s complaint is an example of local, state and federal law enforcement coming together to support our communities.”

This is an ongoing investigation. 

Proffitt is presumed to be innocent unless and until proven guilty.

These charges are the result of an investigation by the Cape Girardeau Police Department, the FBI, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Missouri State Fire Marshal Office and the Perryville Police Department. The United States Attorney’s Office for the Eastern District of Missouri and the Civil Rights Division of the Department of Justice are prosecuting this case. 

Mary K. Paulo, a former employee of a Missouri residential treatment facility, pleaded guilty today in federal court in the Western District of Missouri to an obstruction of justice charge related to the death of C.D., a Missouri ward of the state with developmental disabilities. Paulo pleaded guilty to one count of knowingly falsifying a document with the intent to impede, obstruct, and influence an investigation related to the death of C.D.

“A vulnerable victim died because of the criminal conduct of those responsible for his care and custody. The defendant is being held responsible for her role in obstructing the investigation into the circumstances surrounding his death,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division will continue to investigate and prosecute allegations of criminal civil rights violations and those individuals who engage in related obstructive conduct.”

“This caregiver neglected her responsibility to a vulnerable victim, helped cover up criminal activity, and lied to federal law enforcement agents,” said U.S. Attorney Tim Garrison of the Western District of Missouri. “Her complicity is inexcusable, and her obstruction of justice won’t be tolerated. She will be held accountable, alongside her brother and her parents, for her role in this brazen scheme.”

"Today's guilty plea emphasizes law enforcement's unwavering dedication and determination to ensure all individuals responsible for their role in this victim's death are held accountable for their actions" said Timothy Langan, Special Agent in Charge of the FBI in Kansas City, Missouri. "The FBI is the primary federal agency responsible for investigating allegations regarding violations of federal civil rights and we remain committed to seeking justice on behalf of all victims."

“Paulo’s knowing obstruction into the investigation of the death of this vulnerable individual is a severe crime that cannot be tolerated,” said Curt L. Muller, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “Coordinating with our law enforcement partners, we are committed to investigating such criminal actions.” 

According to the plea agreement, Paulo worked as a caregiver at Second Chance Homes, an organization that provided housing and care for developmentally disabled persons through a Missouri Department of Mental Health initiative. Victim C.D. had been a resident at Second Chance Homes since 2008. 

Paulo admitted in her plea agreement that she regularly worked alongside C.D. and his caretakers. Paulo further admitted that in the summer of 2016, her mother – another caregiver at Second Chance Homes – told her to stop coming to work. Paulo did not report to work for a number of months, although she continued to receive pay. 

In August of 2016, at her mother’s request, Paulo took another Second Chance Homes resident to one of C.D.’s scheduled medical appointments, presented him as C.D., and obtained a new prescription in C.D.’s name. Paulo did so knowing that the resident was not C.D. and that she had not seen C.D. in months.

Paulo returned to work in the fall of 2016 and noticed that C.D. was no longer present at Second Chance Homes.  

In April of 2017, before Second Chance Homes was to be purchased by another company, Paulo’s mother gave Paulo several documents to sign. Paulo signed the documents, many of which attested that she had cared for C.D. in the previous nine months, while knowing that she had not seen C.D. in the previous nine months.

After C.D. was ultimately reported missing to the Fulton Police Department, Paulo wrote and submitted a false statement to the police. Paulo wrote in the statement that she saw C.D. alive and well on April 16, 2017, while knowing that she had, in fact, not seen C.D. in months.

Pursuant to Paulo’s plea agreement, she faces a maximum of 24 months incarceration. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.

Paulo’s mother, Sherry Paulo, and father, Anthony Flores, have previously pleaded guilty to criminal civil rights charges stemming from C.D.’s death. Paulo’s brother, Anthony R.K. Flores, previously pleaded guilty to knowingly falsifying a document with the intent to impede, obstruct, and influence an investigation related to the death of C.D.

This case was investigated by the Jefferson City Resident Agency of the FBI Kansas City Division and the St. Louis Field Office of the Department of Health and Human Services Office of the Inspector General Kansas City Region. The case is being prosecuted by Assistant U.S. Attorneys Cindi Woolery and Gregg Coonrod of the U.S. Attorney’s Office, Special Litigation Counsel Julia Gegenheimer and Trial Attorney Janea Lamar of the Department of Justice Civil Rights Division Criminal Section. The Fulton, Missouri Police Department and Callaway County Prosecutor Christopher Wilson contributed significantly to the successful investigation and prosecution of this matter.

WASHINGTON – On April 24, 2020, a federal appellate court upheld an order enforcing an Internal Revenue Service (IRS) summons directed to the Taylor Lohmeyer Law Firm PLLC, the Department of Justice announced.  The summons directed the law firm to provide information about clients who used the law firm’s services to create and maintain foreign bank accounts and entities.  On appeal, the United States Court of Appeals for the Fifth Circuit upheld the trial court’s enforcement of the summons and rejected the law firm’s “blanket” claim that all responsive materials were protected by the attorney-client privilege.  It explained that revealing the fact that the clients participated in specific types of transactions would not necessarily reveal any confidential communication of legal advice protected by the attorney-client privilege.

U.S. taxpayers seeking to hide their assets often utilize the services of professional service providers, who may be unaware of their clients’ true goals.  This action is part of ongoing efforts by the United States to stop persons from using foreign financial accounts and entities to evade taxes.  Courts have previously approved John Doe summonses allowing the IRS to identify individuals using offshore accounts to evade their U.S. obligations.

Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Joshua Wu thanked Tax Division attorneys Michael Haungs and Douglas Rennie, who handled the case on appeal, as well as Curtis Smith who litigated the case in the district court.

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

This week, the U.S. Department of Justice Antitrust Division celebrates the 20th anniversary of World Intellectual Property Day.  The division marks the occasion by remembering the revolutionary ideal that our nation’s founding fathers embedded in the U.S. Constitution: that “securing . . . to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” will “promote the Progress of Science and useful Arts.”  For over 200 years, this “exclusive Right” has served as the foundation of the U.S. system of patent, copyright, and trademark laws.

Indeed, as James Madison explained in The Federalist Papers, “The utility of this power (the Intellectual Property Clause) will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of individuals.”

Securing the rights of individuals over their inventions and creative output provides powerful incentives for innovation and dynamic competition.  Time and again, strong intellectual property rights have fueled new technologies and creative trends that break down the power of entrenched monopolists—all to the benefit of consumers all over the world.

Inventors, scientists, authors, musicians, and filmmakers have enriched our cultural fabric, improved our health, inspired generations of consumers to become innovators themselves, and helped make America great.  As then-Assistant Attorney General for the Antitrust Division Robert H. Jackson, in a speech before the New York State Bar Association, put it: we are “a nation whose genius is invention.”  In celebration of World Intellectual Property Day, the Antitrust Division honors these innovators and artists by helping to protect the intellectual property rights on which they rely.

Last week, the President’s Commission on Law Enforcement and the Administration of Justice completed its hearings on crime reduction, with a panel on technology tools for law enforcement, specifically “drones,” facial recognition technology, and body worn cameras, and a panel featuring survivors of sexual assault, domestic violence, and human trafficking. The Commission also held its first hearing on reentry. The hearings were held over three days via teleconference. Each teleconference featured expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, April 21, the Commission received testimony from Colonel Edwin Roessler Jr., Chief of the Fairfax County Police Department; Damon Mosler, Assistant District Attorney for San Diego County; Dr. Richard Vorder Bruegge, Senior Physical Scientist for the Federal Bureau of Investigation, and; Kevin Jinks, Senior Counsel for the Department of Justice Office of Legal Policy.

Testimony and discussions focused on technology tools for law enforcement. Colonel Roessler and Assistant District Attorney Mosler discussed body worn cameras. Colonel Roessler stated, “The biggest need is the public accountability for community and the police officers in the body-worn camera program.” Assistant District Attorney Mosler testified that although “public perception and expectation have made it almost essential for law enforcement to have cameras given the public desire for transparency and accountability,” this trend poses new challenges for prosecutors and the entire criminal justice system due, in part, to the quantity of data collected. Dr. Vorder Bruegge spoke of “opportunities and challenges associated with the use of facial recognition to combat violent crime.” The final panelist, Mr. Jinks, discussed “how governments at all levels can first use UAS, or Unmanned Aerial Systems, also known as drones, to further our missions and second counter the threat posed by dangerous drones and their operators.”

On Wednesday, April 22, the Commission concluded its hearing on Crime Reduction with testimony from Joyce Bilyeu, Director of Client Services for the Sacramento Regional Family Justice Center; Adrianna Griffith, SA/DV Specialist/Lived Experience Expert for the Women’s Center - Youth and Family Services; Bella Hounakey, Subject Matter Expert for the United States Advisory Council on Human Trafficking, and; Natasha Alexenko, Founder of Natasha’s Justice Project.

Testimony and discussion featured the personal experiences of survivors of sexual and domestic violence and human trafficking. Director Bilyeu shared her story as a survivor of domestic violence. She stressed the challenges victims face to leave their abusers, noting that each time she tried to take control of her situation by calling the police, her husband spiraled further out of control and the abuse worsened. Ms. Griffith shared her experiences of witnessing abuse as a child and falling into the cycle of crime as a victim herself. She advocates for early social services intervention for children who experience/witness abuse so that they have the chance to lead healthy lives. Ms. Hounakey shared her story of being trafficked by her aunt from Togo to the United States at nine-years-old to work up to 18 hours a day. She described how trafficking victims are conditioned by their traffickers to not trust law enforcement. She explained how, in addition to the federal agents who rescued her in 2014, she would have liked to have been met by medics, social workers, and translators so that she and the other victims would have better understood their situation. Ms. Alexenko provided the final testimony of the day, sharing her story as a survivor of sexual assault at gunpoint. She waited 10 years for her rape kit to be tested and 15 years before her rapist would face a jury.

On Thursday, April 23, the Commission began its hearing on Reentry with testimony from Tony Lowden, Executive Director for the Federal Interagency Council on Crime Prevention and Improving Reentry; Jason Hardy, Author of The Second Chance Club: Hardship and Hope After Prison, and Special Agent for the Federal Bureau of Investigation; John Koufos, the National Director of Reentry Initiatives, Right on Crime, and; Grant Duwe, Director of Research for the Minnesota Department of Corrections.

Testimony and discussion focused on the state of reentry. Executive Director Lowden testified that “reentry is all about redemption & providing every opportunity for a person to be who they were created to be…Reducing the risk of a prisoner re-offending upon release is one of the most effective ways to ensure public safety.” Special Agent Hardy discussed the economic benefit to quality reentry programs: “Every dollar committed to reentry services at probation and parole agencies has the potential to return enormous taxpayer savings down the road.” Mr. Koufos offered similar testimony, stating: “Successful reentry empowers people to participate in meaningful work opportunities, which helps many pay child support and restitution, and strengthens tax bases.” Director Duwe provided the day’s final testimony, stressing that reentry begins the day a person walks into prison. He stated the need to focus time in prison on quality evidence-based programming and not simply warehousing people behind bars.

For more information on the Commission, please visit: https://www.justice.gov/ag/presidential-commission-law-enforcement-and-administration-justice

Audio recordings and transcripts of the hearings will be posted online once available.

WASHINGTON – The Eighth Circuit Court of Appeals issued a precedential opinion on Friday, April 24, 2020, affirming a district court decision that a transaction designed to generate massive foreign tax credits (referred to as the STARS tax shelter) lacked economic substance and business purpose and was subject to the accuracy-related penalty for negligence, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and Deputy Assistant Attorney General Joshua Wu of the Justice Department’s Tax Division.

In Wells Fargo v. United States, No. 17-3578, the Eighth Circuit Court of Appeals affirmed the decision of the U.S. District Court for the District of Minnesota and the position of the United States. Wells Fargo, like several other U.S. banks, had entered into the STARS shelter, a transaction promoted to them by Barclays PLC and KPMG as a method of generating foreign tax credits on U.S. income. The Eighth Circuit rejected the transaction as an economic sham subject to penalties, consistent with the decisions of three other courts of appeals. In rejecting Wells Fargo’s appeal, the court agreed with the government that “STARS was an elaborate and unlawful tax avoidance scheme, designed to exploit the differences between the tax laws of the U.S. and the U.K. and generate U.S. tax credits for a foreign tax that Wells Fargo did not, in substance, pay.” 

Principal Deputy Assistant Attorney General Zuckerman thanked Tax Division attorney Judith Hagley and former Tax Division attorneys Gilbert Rothenberg and Richard Farber, who handled the case on appeal for the government, as well as Chief Senior Litigation Counsel Dennis Donohue, Senior Litigation Counsel Kari Larson, trial attorneys William Farrior, Harris Phillips, Matthew Johnshoy, and former Tax Division attorney Viki Economides Farrior, who litigated the case in the district court.

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

Today, the Department of Justice recognized the third anniversary of the President’s Buy American and Hire American (BAHA) Executive Order, which directs federal agencies to protect U.S. workers’ jobs from employers that abuse temporary work visa programs. 

“On this anniversary, the Department of Justice reaffirms its commitment to protect U.S. workers from discrimination,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Our message to workers is clear: if companies deny you employment by illegally preferring temporary visa holders over U.S. workers, the Department of Justice will hold them accountable.  This is especially important at a time when more U.S. workers may be looking for employment as a result of the economic impact of COVID-19.”

Consistent with the BAHA Executive Order, the Immigrant and Employee Rights Section (IER) of the Department’s Civil Rights Division launched the Protecting U.S. Workers Initiative in 2017.  Through this initiative, the department targets, investigates, and brings enforcement actions against employers that intentionally discriminate against U.S. workers due to a preference for temporary visa workers.  IER has reached numerous settlements under this initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States.  These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.  For example, last month IER reached a settlement with a Maryland construction firm, resolving claims that the company violated the law by preferring H-2B visa holders over qualified U.S. workers. 

The department also has increased its collaboration with federal partners under the Protecting U.S. Workers Initiative to increase information sharing, promote discrimination referrals, and improve efforts to target wrongdoers.  The department has entered into or expanded existing partnerships with the Department of Labor, the Department of Homeland Security, and the Department of State. 

Workers and their advocates can contact IER for information on protections under the law.  Workers can call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired) to get information on rights under the law IER enforces or to report discrimination.  IER offers free webinars for workers and their advocates on protections from discrimination under the law that IER enforces.  In addition, applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge.

Under the initiative, IER has also published materials to educate the public about discrimination against U.S. workers, including Information for Employers About Citizenship Status Discrimination and Best Practices for Recruiting and Hiring Workers.  Employers can call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired) for information on how to avoid unlawful discrimination.  Finally, IER offers free webinars for employers to learn more about the anti-discrimination law that IER enforces.

Callers to IER’s hotlines can remain anonymous and language services are available.  More information is available on IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

The Department of Justice is joining advocates, public safety and public health professionals, and communities across the country in commemorating April as National Sexual Assault Awareness and Prevention Month. President Trump has called on all Americans “to support survivors of sexual assault and work together to prevent these crimes in their communities.”

“Sexual violence turns victims’ lives upside down, exacting a heavy toll on their emotional, mental and physical health,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs (OJP). “Recovery requires significant time and effort, and we are committed to helping them move successfully from victims to survivors.”

“Sexual violence is multifaceted and is often hidden from public view,” said Laura L. Rogers, Acting Director of the Office on Violence Against Women (OVW). “While there is much to be done still, I believe the positive shift in the way we approach the topic of sexual violence is, in part, due to the impact of the work of so many in the field.”

Research from the Bureau of Justice Statistics’ 2018 National Crime Victimization Survey found 37 percent of the total violent victimizations in 2018 were identified as rape or sexual assault. The survey estimates that in 2018, some 734,630 people in the U.S. were victims of rape or sexual assault.

The Justice Department is working on many fronts to prevent sexual assault and to bring justice and healing to sexual assault survivors. OJP, OVW, and the department’s Office of Community Oriented Policing Services (COPS) have dedicated substantial resources to helping victims and have made considerable investments in technology, research, and data aimed at addressing the problem. Through OJP’s Office for Victims of Crime (OVC) victim assistance formula funding, administered by the states and territories, hundreds of thousands of victims of sexual assault receive services every year. Since its inception, OVW has funded over $8.1 billion to support programs that are targeting domestic violence, sexual assault, dating violence and stalking.

The Justice Department works throughout the year to protect and serve victims of sexual assault. Some of our programs include the following:

• Last year, OJP's OVC awarded $15 million to improve access to forensic examinations by Sexual Assault Nurse Examiners through telehealth technology.
• OVC is making more than $3 million available to address female genital mutilation and cutting, one of the gravest forms of gender-based violence, estimated to affect hundreds of thousands of girls and women in the U.S.    
• OVC and the Office of Juvenile Justice and Delinquency Prevention have awarded $30 million to local organizations and state agencies to serve young victims of sex trafficking.
• OVW awarded over 500 grants last year, totaling more than $400 million, to help communities respond to sexual violence.
• OVW partnered with OVC to fund the $7 million Sexual Assault Forensic-Medical and Advocacy Services for Tribes (FAST) Initiative, which is designed to increase the availability of Sexual Assault Forensic Examiners (SAFEs) and victim advocates in tribal communities.
• OVW supports rural and tribal communities by prioritizing discretionary grant program solicitations that emphasize justice solutions and victim services.
• Through the National Sexual Assault Kit Initiative, the Bureau of Justice Assistance has provided almost $200 million since its inception in 2015, to agencies in 40 states to test tens of thousands of rape kits and help investigators solve crimes revealed by the evidence.
• A best practices document published by the National Institute of Justice provides 35 practical recommendations for investigators, crime labs and communities on improving the handling of sexual assault kits.
• The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking awarded nearly $16 million last year to nearly 50 states, U.S. territories, and tribal communities to bolster registration and tracking of sex offenders and continues to manage and operate the Dru Sjodin National Sex Offender Public Website.
• The COPS Office manages the Collaborative Reform Initiative Technical Assistance Center, which is working with several law enforcement agencies on issues related to sexual assault.
• The COPS Office has developed a variety of publications and other resource materials for law enforcement agencies, including the publication Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence and articles such as “Child Sexual Abuse and Girls – A First Response” and “What We Can Do About Street Harassment.”
• The COPS Office supports law enforcement through a number of anti-human trafficking efforts, including child sex trafficking training.

Department of Justice resources are helping service providers reach sexual assault victims during the COVID-19 pandemic. Department funding supports the National Sexual Assault Hotline (800-656-4673), which is now available in Spanish and English, and the Department of Defense Safe Helpline (877-995-5247), designed specifically for members of the DoD community.

With the pandemic necessarily curtailing the majority of April’s Sexual Assault Awareness and Prevention Month events, the message of this month remains: we reaffirm our commitment to supporting survivors of sexual assault, encouraging strong criminal justice responses to these crimes and ending the scourge of sexual violence in our homes and communities.

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.

The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is providing critical system support to INTERPOL-led law enforcement operations throughout Southeast Asia. These database upgrades—made under the auspices of Project TERMINUS—demonstrated their on-going value during a recent INTERPOL operation codenamed Maharlika III which took place February 24th to March 20th.

During this operation, law enforcement partners from Brunei, Indonesia, Malaysia, and the Philippines coordinated a series of simultaneous border and law enforcement actions leading to the arrest of more than 180 individuals, including one suspected member of the terrorist Abu Sayyaf Group (ASG).

According to an INTERPOL news release, the operation saw 82 victims of human trafficking, mainly young women, rescued by Philippine authorities. In addition, Indonesian authorities identified and rescued a 35 adults and 17 children, arriving from Malaysia. Authorities also seized firearms, illegally assembled explosives made of ammonium nitrate and other illicit goods and substances worth more than one million euros.

Under Project TERMINUS, the USNCB designed and supported custom high-performance INTERPOL screening solutions which enhanced selected Southeast Asian partner nation database integration with INTERPOL’s I-24/7 services, including the Stolen and Lost Travel Document (SLTD) databases. The systems facilitated direct access by Operation Maharlika III units to INTERPOL’s global databases, allowing authorities to run more than 13,000 checks on travel documents, firearms and nominal data. The USNCB team continues to provide onsite consultation for partner nation SLTD screening operation and enhancement.

The United States National Central Bureau’s Project TERMINUS mission is to extend secure global police communication systems in high risk areas and selected Host Nations globally. Due to challenges with technology and expertise, countries are lacking access to INTERPOL’s Stolen and Lost Travel Document Database (SLTD) dataset, containing more than 97 million travel documents. In the fight against terrorism and the need for identification and prevention of Foreign Terrorist Fighters (FTF) movements, lack of access to technology presents a critical situation impeding efforts to identify and interdict FTF’s and other transnational criminals using stolen, lost or revoked documents (passports, identity documents, visa’s). By assisting in ensuring that law enforcement officers have access to INTERPOL’s I-24/7, enables authorized users to search and cross check data in a matter of seconds and share sensitive or urgent police information with their counterparts around the globe, 24 hours a day, 7 days a week.

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

On the 50th anniversary of Earth Day, the Department of Justice’s Environment and Natural Resources Division (ENRD) celebrated its latest accomplishments and reflected on half a century of the division’s impact on environmental and natural resource law in the United States.  

“This report covers my first year as the Assistant Attorney General for the Division, and I deeply appreciate this opportunity to serve the American people and support President Trump’s ambitious agenda,” said Jeffrey Bossert Clark, Assistant Attorney General for ENRD. “I continue to believe that environmental law must always be guided by the bedrock principles enshrined in our Constitution. These principles have guided our nation for almost a quarter of a millennium, and they serve as a guidepost for everything we do in ENRD.”

“More American families are breathing clean air and drinking clean water due to the efforts of the Environment and Natural Resources Division,” said Claire McCusker Murray, Principal Deputy Associate Attorney General.  “ENRD’s tremendous work is essential to the department’s mission of faithfully enforcing the law and defending the interests of the United States.”

In fiscal year 2019, the ENRD remained focused on several key objectives: vigorously enforcing pollution abatement and wildlife protection laws, particularly in cases of fraud or abuse; promoting energy independence and economic growth by defending the reduction of regulatory burdens and supporting infrastructure development; strengthening national security and border protection; promoting federalism; and protecting the public fisc.  ENRD worked on approximately 3,077 cases and matters, while maintaining a robust docket of over 6,110 active cases and matters. The division obtained over $858 million in civil and criminal fines, penalties, and costs recovered. The estimated value of federal injunctive relief obtained—including cleanup and pollution-prevention actions funded by private parties—exceeded $3.4 billion.

Fifty years ago, on April 22, 1970, over 20 million people participated in a wide variety of public gatherings as part of the nation’s first Earth Day. From coast to coast, the American people provided a powerful civic response to environmental degradation and a clear demand for broad national measures to protect the environment and conserve natural resources.

Over the next 10 years, Congress passed many of the foundational environmental and natural resources statutes of the modern era, including the Clean Air Act (1970), the Federal Water Pollution Control Act (1972), the Coastal Zone Management Act (1972), the Marine Mammal Protection Act (1972), the Endangered Species Act (1973), the Safe Drinking Water Act (1974), the Federal Land Policy and Management Act (1976), the National Forest Management Act (1976), the Magnuson Fishery Conservation and Recovery Act (1976), the Surface Mining Control and Reclamation Act (1977), and the Public Rangelands Improvement Act (1978).

Throughout this flurry of legislative activity, ENRD grew and adapted to enforce these new statutes and defend client agencies’ decisions under them.  This latest Accomplishments Report contains a special section on how over the last 50 years, ENRD’s diverse practice has played an essential role in shaping and defending the legislative and regulatory responses to pollution and conservation. The achievements described in the report continue to highlight ENRD’s efforts to advance environmental values since the first Earth Day in 1970.

Read more about ENRD history and accomplishments here.

Watch a Video about ENRD’s history since the first Earth Day here.

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.

Federal authorities announced today that an ongoing cooperative effort between law enforcement and a number of private-sector companies, including multiple internet domain providers and registrars, has disrupted hundreds of internet domains used to exploit the COVID-19 pandemic to commit fraud and other crimes.

As of April 21, 2020, the FBI's Internet Crime Complaint Center (IC3) has received and reviewed more than 3,600 complaints related to COVID-19 scams, many of which operated from websites that advertised fake vaccines and cures, operated fraudulent charity drives, delivered malware, or hosted various other types of scams.  To attract traffic, these websites often utilized domain names that contained words such as “covid19,” or “coronavirus.”  In some cases, the fraudulent sites purported to be run by, or affiliated with, public health organizations or agencies.

For example, the cooperative effort has disrupted:

• An illicit website pretending to solicit and collect donations to the American Red Cross for COVID-19 relief efforts.
   
• Fraudulent websites that spoofed government programs and organizations to trick American citizens into entering personally identifiable information, including banking details.
   
• Websites of legitimate companies and services that were used to facilitate the distribution or control of malicious software.

Multiple federal agencies have worked to analyze the complaints, investigate ongoing fraud, phishing, or malware schemes, and assemble vetted referrals.  Agencies have sent hundreds of these referrals  to the private-sector companies managing or hosting the domains.  Many of those companies, in turn, have taken down the domains after concluding that they violated their abuse policies and terms of service, without requiring legal process.  Domain registrars and registries have advised the department that they have established teams to review their domains for COVID-19 related fraud and malicious activity.  Cybersecurity researchers have also made important contributions by developing sophisticated tools to identify malicious domains and refer them for mitigation.  Law enforcement is actively reviewing leads, including those referred by private firms, to verify unlawful activity and quickly pursue methods for disruption. 

As a further example, shortly after the IRS notified the public of web links to apply for the COVID-19 related stimulus payments, the FBI identified a number of look-alike IRS stimulus payment domains.  These look-alike domains are often indicative of future phishing schemes and in order to minimize the potential fraudulent use of the these domains, the FBI alerted numerous domain registries and registrars to the existence of these look-alike URLs.
 
“The department will continue to collaborate with our law enforcement and private sector partners to combat online COVID-19 related crime,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “We commend the responsible internet companies that are taking swift action to prevent their resources from being used to exploit this pandemic.”
 
“Working alongside our law enforcement partners and the private industry, the Civil Division’s Consumer Protection Branch is taking action against all manner of COVID-19 consumer scams,” said Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division.  “Disrupting Internet-based fraud schemes is an important part of our effort to protect consumers from financial loss and health-related harms.”
 
“The FBI is proud to work alongside our federal law enforcement and private sector partners to protect the American public from COVID-19 related scams during these difficult times,” said FBI Executive Assistant Director Terry Wade.  “We believe our collaborative efforts are the key to quickly reducing the threat from COVID-19 scams while allowing the American public to focus on protecting themselves and their families from this pandemic.”
 
“Keeping pace with the growing threat of cyber-enabled COVID-19 scams requires an alliance between the private sector and our law enforcement partners to safeguard our Nation from this sort of nefarious conduct,” said Director James M. Murray of the U.S. Secret Service.  “The Secret Service is thankful for these trusted partnerships which demonstrate a proven model for identifying, investigating and prosecuting these criminals.”
 
The Justice Department is also working to provide COVID-19 related training and technical assistance in other countries through the International Computer Hacking and Intellectual Property (ICHIP) program.  In one Justice Department-supported action, a state prosecutor in Brazil took down a fake site purporting to belong to a leading Brazilian brewery.  The website publicized the distribution of free sanitizer, but in fact was infecting the computer systems of numerous Brazilian consumers with malware.  The ICHIP-mentored prosecutor further requested that the site’s U.S.-based registrar suspend it and preserve any account and transactional data linked to the site.  The investigation is ongoing, and the ICHIP continues to mentor the prosecutor remotely on this case and on best practices for engaging with U.S. registrars and providers.  Similar activities are planned in other regions with ICHIP attorneys.  Learn more about the Criminal Division’s ICHIP Program, jointly administered by the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training and the Computer Crime and Intellectual Property Section, here.
 
Numerous Justice Department components are working to combat COVID-19 related crime nationwide.  For a list of department efforts, visit https://www.justice.gov/coronavirus/news.   
 
The FBI’s Cyber Initiative and Resource Fusion Unit (CIRFU) and National Cyber-Forensics and Training Alliance (NCFTA), the Criminal Division’s Computer Crime and Intellectual Property Section, the Civil Division’s Consumer Protection Branch, and the U.S. Secret Service field offices are coordinating these efforts.  The U.S. Postal Inspection Service and Food and Drug Administration also have been collaborating in this effort.
 
The following tips can help protect individuals and businesses from being victimized by cyber actors:

• Independently verify the identity of any company, charity, or individual that contacts you regarding COVID-19.
   
• Check the websites and email addresses offering information, products, or services related to COVID-19.  Be aware that scammers often employ addresses that differ only slightly from those belonging to the entities they are impersonating.  For example, they might use “cdc.com” or “cdc.org” instead of “cdc.gov.”
   
• Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 or requesting your personal information for medical purposes.  Legitimate health authorities will not contact the public this way.
   
• Do not click on links or open email attachments from unknown or unverified sources. Doing so could download a virus onto your computer or device.
   
• Make sure the anti-malware and anti-virus software on your computer is operating and up to date.  Keep your operating system up to date as well. 
   
• Ignore offers for a COVID-19 vaccine, cure, or treatment.  Remember, if a vaccine becomes available, you will not hear about it for the first time through an email, online ad, or unsolicited sales pitch.
   
• Check online reviews of any company offering COVID-19 products or supplies.  Avoid companies whose customers have complained about not receiving items.
   
• Research any charities or crowdfunding sites soliciting donations in connection with COVID-19 before giving any donation. Remember, an organization may not be legitimate even if it uses words like “CDC” or “government” in its name or has reputable looking seals or logos on its materials.  For online resources on donating wisely, visit the Federal Trade Commission (FTC) website.
   
• Be wary of any business, charity, or individual requesting payments or donations in cash, by wire transfer, gift card, or through the mail.  Do not send money through any of these channels.

If you think you are a victim of a fraud or attempted fraud involving COVID-19, call the National Center for Disaster Fraud Hotline at 1-866-720-5721 or email at disaster@leo.gov.  If it is a cyber scam, submit your complaint through https://www.ic3.gov.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus. 

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.

          Hagatña – Shawn N. Anderson, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”

          “Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

          “While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

          Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

          Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.  Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

          During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

          This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

           “Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

          This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

          For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.

The Department of Justice announced today that it will not challenge collaborative efforts of AmerisourceBergen Corporation (AmerisourceBergen) to identify global supply opportunities, ensure product quality, and facilitate product distribution of medications and other healthcare supplies to treat COVID-19 patients.

AmerisourceBergen’s collaborative efforts form yet another part of the emergency response developed and led by the Federal Emergency Management Agency (FEMA) and the Department of Health and Human Services (HHS) to address urgent supply needs across the nation arising from the COVID-19 pandemic.

“We commend AmerisourceBergen’s efforts to assist the United States in responding to the COVID-19 pandemic through improved supply of medicines to those most in need,” stated Assistant Attorney General Makan Delrahim of the department’s Antitrust Division.  “We also appreciate AmerisourceBergen’s intention to comply with the antitrust laws, regardless of circumstances.  Division staff worked expeditiously to resolve its request for a Business Review Letter within our ambitious seven-day target.” 

AmerisourceBergen is working on a number of initiatives under the direction of the government to help resolve supply challenges presented by the pandemic. These initiatives are focused on facilitating the government’s efforts to guide medications and other healthcare supplies to the places where they are needed most.  This includes the distribution of hydroxychloroquine from the government’s Strategic National Stockpile to health care providers in areas of greatest need.  AmerisourceBergen is instructed on volumes and ship-to destinations, and then leverages its distribution network.  AmerisourceBergen’s conduct falls within the same emergency response efforts that dictated the Medical Supplies Distributors’ conduct evaluated in a previous Business Review Letter.  The response, therefore, leverages the same analytical framework.

AmerisourceBergen submitted its business review request pursuant to the expedited, temporary review procedure detailed in the Joint Antitrust Statement Regarding COVID-19 (Joint Statement) issued by both the department and the Federal Trade Commission (FTC) on March 24, 2020.  In the Joint Statement, the department announced its aim to resolve COVID-19-related business review requests within seven calendar days of receiving all necessary information.

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 will join communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week.  This year’s observance takes place April 19-25 and features the theme, “Seek Justice | Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs.  “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda.  He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.  President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey.  The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.  Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.  This year, many communities are organizing virtual gatherings and online public awareness campaigns.

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart.  “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival.  I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.

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.

Attorney General William P. Barr issued the following statement:

“A quarter century after the bombing in the American heartland, we rightly continue to honor the victims, the first responders, and the everyday citizens who immediately acted with courage and selflessness.  We should remember that the cowardly act that struck Oklahoma City arose from an extremist ideology.  But also we must know that we, as a people, possess the moral clarity and will to overcome those malevolent movements that seek to undermine our principles and divide our nation.  The U.S. Department of Justice, along with its local and state partners, worked tirelessly to bring the perpetrator and co-conspirator of the attack to justice.  The Alfred P. Murrah Federal Building in downtown Oklahoma City was more than just a physical structure; it was, as a federal building, nothing less than a physical manifestation of the American people.  Make no mistake then that the 168 souls who lost their lives 25 years ago today died for their country.  They will never be forgotten, and we will do right by their legacies by continuing to fully dedicate ourselves and all of our resources to defeating those, both at home and abroad, who wish us harm.”

Attorney General William P. Barr issued the following statement:

"I condemn the latest assault on the rule of law and the liberty of the people of Hong Kong.  These events show how antithetical the values of the Chinese Communist Party are to those we share in Western liberal democracies.  These actions — along with its malign influence activity and industrial espionage here in the United States — demonstrate once again that the Chinese Communist Party cannot be trusted."