District Not Recorded

This week, the President’s Commission on Law Enforcement and the Administration of Justice continued to hold hearings on crime reduction, with panelists speaking about domestic violence and sexual assault, technology issues encountered by law enforcement, and leveraging technology to reduce crime. The hearings were held over three days via teleconference. Each teleconference featured a panel of expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, April 14, the Commission received testimony from Matthew Gamette, Director of Forensic Services, Idaho State Police; Kim Garrett, CEO of Palomar, Oklahoma City’s Family Justice Center; Richard Hertel, Prosecutor for Ripley County, Indiana, and; Robert Hawkins, Muscogee Creek Nation Police Chief.

Testimony and discussions focused on preventing and reducing domestic violence and sexual assault. Director Gamette addressed the issue of forensic resources: “[I]n this country, for every one case we report, we get 1.5 cases back into the laboratory. To solve DNA backlogs, we need more scientists, bigger facilities, and funding. Turnaround time is directly proportional to lab staffing.” In response to a question regarding reports of increased allegations of domestic violence during the COVID-19 pandemic, CEO Garrett stated that Oklahoma City had experienced a 28 percent increase in domestic violence calls to police and detailed the City’s response to the crisis. Mr. Hertel spoke about the lack of criminal charges brought in domestic violence and sexual assault cases, either because of underreporting or case attrition. He advocated for a victim-centered approach to prosecutions. Chief Hawkins detailed the complexities of prosecuting domestic violence and sexual assault cases under tribal law and the challenges tribal governments face in providing essential services for victims.

On Wednesday, April 15, in a two-part session on technology issues encountered by law enforcement, the Commission heard testimony from Darrin Jones, Executive Assistant Director for Science and Technology for the FBI; Cyrus R. Vance Jr., District Attorney for New York County (New York); Chuck Cohen, Vice President of the National White Collar Crime Center; Bryan Stirling, Director of the South Carolina Department of Corrections, and; Todd Craig, Chief of the Office of Security Technology for the Federal Bureau of Prisons.

In part one of the hearing, testimony and discussion focused on lawful access and the dark web. DA Vance and Mr. Jones both stressed the need for federal legislation to achieve lawful access. Mr. Jones stated, “The impact and magnitude of the lawful access crisis in the United States has grown to a point where the public safety trade-off to the citizens of this country can and should no longer be made privately and independently in the corporate boardrooms of tech companies.” Vice President Cohen discussed the corruption of technology by criminals: “[W]hat is true is criminals tend to be early adopters of emerging technology and to subvert emerging technology to facilitate and obfuscate criminal activities. And this is especially true for online child sexual exploitation and online sex trafficking.”

The second part of the hearing focused on contraband cellphones and other technology issues concerning security in jails and prisons. Director Stirling and Chief Craig stressed that inmates, although physically removed from the public, are still able to continue to commit crimes if they have access to a cellphone, such as drug dealing, gang activity, and even murder – as was the case in a fatal shooting orchestrated behind bars of a correctional officer whose responsibility it was to remove contraband cellphones from prison.

On Thursday, April 16, the Commission heard testimony from Tom Ruocco, Chief of Criminal Law Enforcement, Texas Department of Public Safety; Oxford (Alabama) Police Chief Bill Partridge; Christopher Amon, Chief of the Firearms Operations Division for the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and; David LeValley, Assistant Chief, Detroit Police Department.

Testimony and discussion focused on leveraging technology to aid law enforcement. Chief Ruocco discussed the need to identify and integrate “new technologies and methodologies into [law enforcement] procedures and work flows.” Chief Partridge explained that because smaller jurisdictions do not have the same technology capacity as larger departments, a regional model of crime centers can be a force multiplier for fighting crime in all areas of a county. Chief Amon discussed the National Integrated Ballistic Information Network (NIBIN), which compares ballistic imaging of bullet casings and provides actionable leads to law enforcement. He stressed that due to the high probability of shooters to reoffend, law enforcement must be able to identify them swiftly. “[NIBIN] allows investigators to identify crime guns using cutting edge technology and trace their origin quickly.” Assistant Chief LeValley spoke about Project Green Light Detroit, the first public-private community partnership of its kind. The Project is a mix of real-time crime fighting and community policing aimed at improving neighborhood safety and also while revitalizing and growing local business.

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

Mubashar Choudry, M.D., and three medical practices with which he is associated, Washington Cardiovascular Institute, Advanced Vascular Resources, and Washington Vascular Institute, have agreed to pay the United States $750,000 to resolve False Claims Act allegations that they knowingly billed Medicare and TRICARE for claims in violation of the Anti-Kickback Statute (AKS), the Department of Justice announced today.  Choudry is a cardiologist who has treated patients in Maryland and Washington, D.C. for peripheral arterial disease. 

“Providing impermissible remuneration to induce patient referrals undermines government health care programs,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “Patients are entitled to expect that the medical testing they receive and any resulting referral decision are free of financial inducements to the referring physician that may inappropriately impact the physician’s judgment.”

The AKS prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare and TRICARE.  Claims submitted to these programs in violation of the Anti-Kickback Statute may give rise to liability under the False Claims Act.

The settlement resolves allegations that, between Jan. 1, 2013 and Dec. 31, 2016, Choudry, Washington Cardiovascular Institute, Advanced Vascular Resources, and Washington Vascular Institute submitted, or caused, false claims in violation of the AKS.  Specifically, the defendants allegedly induced patient referrals by providing ankle-brachial index testing on patients under agreements with the referring physicians but without collecting from the physicians the fair market value for the tests. Ankle-brachial index testing is used to detect peripheral arterial disease, which Choudry and the practices would treat.

“Kickback schemes like the scheme alleged in this case not only call into question the integrity of individual medical decisions, but they also raise the cost of health care for all of us,” said U.S. Attorney Robert K. Hur for the District of Maryland.  “Patients deserve care based on a doctor’s sound medical judgment, not the doctor’s personal financial interest.”

“For four years, Dr. Choudry and associated medical practices boosted their profits by allegedly paying kickbacks to referring physicians,” said Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the Department of Health and Human Services.  “Along with our law enforcement partners, we will continue maintaining the integrity of these vital health programs because taxpayers deserve better.”

The agreement resolves allegations brought by Steven Pringle, a former sales and operations employee of the practices, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  The qui tam case is captioned United States, et al., ex rel. Pringle v. Choudry, et al., Case No. GJH 16-cv-3779 (D. Md.).  As part of this settlement, Pringle will receive $121,500 as his share of the government’s recovery.

This settlement was the result of a coordinated effort by the Civil Division of the Department of Justice; the U.S. Attorney’s Office for the District of Maryland; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; and the Defense Health Agency Office of General Counsel.  The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

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 announced today that it will not challenge a proposal by the Association of Independent Commercial Producers (AICP) to operate an online platform for advertisers to solicit bids from companies that provide production services for commercial advertisements.  The department’s position was stated in a business review letter from Assistant Attorney General Makan Delrahim of the Antitrust Division to counsel for the AICP.

According to representations made by the AICP, the AICP platform would allow an advertiser to upload details about its need for a commercial advertising production, including bid specifications and, at the advertiser’s option, budget parameters.  The advertiser independently would identify the production company bidders to be invited to participate in the bidding process.  Any submitted bids would remain private to both the bidder and the advertiser.  After the advertiser has awarded the bids, no bidding data would be retained or collected.

Although exchanging price and other competitive information can facilitate anticompetitive coordination among competitors, the AICP has designed the proposed platform to prevent such information sharing.  To this end, the proposed platform will contain numerous safeguards to ensure that neither the nonpublic information an advertiser provides to the platform nor the nonpublic information that bidders submit in response to an advertiser’s job specifications will be shared with other advertisers, bidders, or with third parties.  Additionally, the AICP platform will include firewalls to ensure that neither the AICP nor its members can access that third-party information.

Based on the information submitted and representations made by the AICP, the department has no present intention to challenge the operation of the AICP’s proposed online bidding platform.

This statement is made in accordance with the department’s business review procedure, 28 C.F.R. § 50.6, and subject to the limitations and reservations of rights therein.  Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the division currently intends to challenge the action under the antitrust laws based on the information provided.

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, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 1010, Washington, D.C. 20530. 

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.

Attorney General William P. Barr issued the following statement:

“I applaud FCC Chairman Pai's proposal to make available L-band spectrum, to be used together with C-band spectrum, for deployment of advanced wireless services, including 5G.  As I said in my speech at the Center for Strategic and International Studies, swift FCC action on spectrum is imperative to allow for the deployment of 5G.  This is essential if we are to keep our economic and technological leadership and avoid forfeiting it to Communist China.  Freeing up L-band spectrum for use in tandem with the C-band, as the Chairman proposes, should greatly reduce the cost and time it will take to deploy 5G throughout the country and would be a major step toward preserving our economic future.  I hope the full Commission moves forward quickly.”

To view the draft order, click here. 

          Hagatña – Shawn N. Anderson, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands today announced that Guam received $2,932,867.00 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.

          The grant, awarded to the Guam Bureau of Statistics and Plans is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Donald J. Trump.  Additional funds have been allocated for local jurisdictions on Guam. Those jurisdictions can find out if they are eligible and apply immediately by visiting this website.  The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.  Funding is also available for the CNMI upon application and meeting grant requirements.

          U.S. Attorney Anderson stated, “This important funding is an additional step in the ongoing efforts by the Department of Justice to respond to the COVID-19 outbreak.  This particular allocation will support a broad range of activities by the Government of Guam.  Other DOJ efforts include my appointing a Coronavirus Fraud Coordinator, who has joined our law enforcement partners in prioritizing criminal investigations related to coronavirus.  At the national level, Attorney General William P. Barr created the COVID-19 Hoarding and Price Gouging Task Force to coordinate efforts with the Antitrust Division and U.S. Attorneys across the country where illegal activity is taking place.”

          “The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”

          The law gives jurisdictions considerable latitude in the use of these funds for dealing with COVID-19. Potential uses include hiring personnel, paying overtime, purchasing protective equipment, distributing resources to hard-hit areas and addressing inmates’ medical needs.

          Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding.  Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.

          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.

Attorney General William P. Barr issued the following statement:

"In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus.  Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.                           

To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing.  The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing.  Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat.  Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country.  Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger.  In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances. 

But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.  

Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.  The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1]  The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.

As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest.  While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.

Religion and religious worship continue to be central to the lives of millions of Americans.  This is true more so than ever during this difficult time.  The pandemic has changed the ways Americans live their lives.  Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines. 

The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions."

[1]  The City has since stated it will drop the fines, but will continue to enforce the order.

In response to the COVID-19 pandemic, the Department of Justice’s U.S. Trustee Program (USTP) has taken a number of steps to protect the health of the public and those involved in bankruptcy proceedings while ensuring that the bankruptcy system remains functional during the current public health emergency. 

“Our first priority is the safety and health of the general public and all individuals involved in the bankruptcy process,” said USTP Director Cliff White.  “In partnership with the courts, private trustees, and other stakeholders, the U.S. Trustee Program has taken steps to protect safety while keeping the bankruptcy system functioning for businesses and consumers who need financial relief.”

Actions taken by the USTP include:

• Halting about 60,000 already scheduled in-person administrative proceedings (known as section 341 meetings) that would have been attended by large numbers of debtors, creditors, and professionals;
   
• Mandating that future section 341 meetings be conducted by telephonic or other alternative means not requiring in-person attendance, while using best practices to preserve the evidentiary value of the debtor’s sworn testimony;
   
• Suspending the audit of bankruptcy cases to limit the need for in-person contact by those involved in the audits; and
   
• Ensuring that debtors going through the bankruptcy process can keep the “recovery rebates” provided for in the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Section 341 meetings.  To promote social distancing, in mid-March, the USTP postponed already scheduled section 341 meetings to enable them to be rescheduled telephonically or by other alternative means not requiring in-person attendance.  At section 341 meetings, the debtor must appear and testify under oath, including answering questions from the U.S. Trustee, the case trustee appointed by the USTP, and creditors.  These meetings are open to the public and typically are conducted in person with more than 50 parties in a meeting room at any given time.  The USTP subsequently mandated that section 341 meetings for all cases filed through at least May 10, 2020, with meetings scheduled through early summer, be held telephonically or by other alternative means.  In cooperation with the courts, special notices are being sent to more than one million parties.  The USTP also has issued guidance on preserving the evidentiary value of testimony provided over the telephone and purchased 1,200 conference lines and other equipment to permit remote access to the meetings.

Debtor audits.  By law, the USTP contracts with independent firms to perform audits of a sample of individual chapter 7 and chapter 13 cases.  Because these audits require debtors to produce additional documentation and often to confer with counsel and financial institutions in responding to auditor requests and reports, the USTP suspended all audits until the current public health emergency allows debtors to meet their obligations in a manner that does not compromise their safety or the public health.  Debtor audits are just one of many tools used by the USTP to detect fraud, abuse, and errors.   

Recovery rebates.  The USTP provided notice to case trustees on the CARES Act to help ensure that the direct payments that many debtors will receive under the law are protected from turn over during bankruptcy proceedings.

The USTP continues to refer instances of suspected fraud and criminal activity in bankruptcy cases to its law enforcement partners and to assist in the prosecution of bankruptcy crimes.  Debtors who believe they are victims of a COVID-19 related fraudulent scheme are encouraged to contact their local U.S. Trustee or make a report to the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov. 

The USTP is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The U.S. Trustee Program has 21 regions and 90 field office locations covering 88 judicial districts. Learn more about the U.S. Trustee Program at https://www.justice.gov/ust.

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’s Antitrust Division and the Federal Trade Commission’s (FTC) Bureau of Competition jointly released a statement today affirming the importance of competition for American workers.  The agencies also announced that they will protect competition for workers on the frontlines of the Coronavirus Disease 2019 (COVID-19) response in the United States by enforcing the antitrust laws against those who seek to exploit the pandemic to engage in anticompetitive conduct in labor markets.

The agencies acknowledged that some cooperation between government, business, and individual actors may be necessary in order to protect the health and safety of Americans.  At the same time, the agencies informed the public that they are on alert for employers, staffing companies, and recruiters who might engage in collusion or other anticompetitive conduct that harms workers.  Examples of such conduct include agreements to suppress or eliminate competition with respect to compensation, benefits, hours worked, and other terms of employment, as well as the hiring, soliciting, recruiting, or retention of workers.

“The Antitrust Division will not tolerate companies and individuals who use COVID-19 to harm competition that cheats payroll and non-payroll workers,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “This includes doctors, nurses, first responders, and those who work in grocery stores, pharmacies, delivery and distribution networks, and warehouses, among other essential service providers on the front lines of addressing the crisis.  Even in times of crisis, we choose a policy of competition over collusion.  The division will use its enforcement authority to ensure that companies and individuals who distort the free market for labor are held to account.”

“Many American workers are under a tremendous amount of stress because of COVID-19, and that includes essential workers and first responders,” said FTC Chairman Joe Simons.  “We will not stand for any collusion among employers that would deprive workers of competitive compensation for their hard work.”

For years, the division and the FTC’s Bureau of Competition have challenged unlawful wage-fixing and no-poach agreements, anticompetitive non-compete agreements, and the unlawful exchange of competitively sensitive employee information, including salary, wages, benefits, and compensation data.  Companies and individuals who enter into naked wage-fixing and no-poach agreements may be criminally prosecuted by the division, and those that invite collusion may be subject to civil enforcement by the bureau, even absent a collusive agreement, the statement further notes.  The agencies may also use their civil enforcement authority to challenge unilateral anticompetitive conduct by employers that harms competition in a labor market.  Companies and individuals involved in the hiring, recruiting, retention, or placement of workers should be aware that anticompetitive conduct runs the risk of civil and/or criminal liability.

The division recognizes that protecting American consumers during the COVID-19 event may require significant cooperation between federal, state, local, and tribal governments, private businesses, and individuals.

To that end, the division and the FTC previously released guidance that compiles additional and existing information and resources that can provide those responding to COVID-19 with a general understanding of how the agencies enforce the antitrust laws on joint conduct.  At the same time, the agencies remain vigilant about detecting and stopping anticompetitive conduct in labor markets.  Therefore, the division, along with the rest of the department, will continue working closely with other federal agencies, including our partners at the FBI, the FTC, the Department of Labor, and the Department of Health and Human Services, to assist its efforts.

The division established the Procurement Collusion Strike Force, an interagency partnership created to combat antitrust crimes and related schemes affecting procurement, grant, and program funding.  The Strike Force is on high alert for collusive practices in the sale of COVID-19-related products to federal, state, and local agencies.

If you have information concerning harm to competition in a labor market, please email the division’s Citizen Complaint Center at antitrust.complaints@usdoj.gov and the bureau’s complaint center at antitrust@ftc.gov.

Beyond labor competition matters, anyone with information or concerns about actions by individuals and businesses to take advantage of COVID-19 through other fraudulent and illegal schemes, or other COVID-19-related complaints, should contact the National Center for Disaster Fraud Hotline at 1-866-720-5721 or e-mail disaster@leo.gov.

Today, Attorney General William P. Barr issued Guidance to Department of Justice components regarding counter-unmanned aircraft systems (C-UAS) actions authorized under the Preventing Emerging Threats Act of 2018 (the Act). 

“This guidance was the product of extensive collaboration between the Department of Justice, the Department of Transportation and the FAA,” said Attorney General William P. Barr.  “It will ensure that we are positioned for the future to address this new threat, and that we approach our counter-drone efforts responsibly, with full respect for the Constitution, privacy, and the safety of the national airspace.”

The Guidance outlines the process by which authorized department components can request designation of facilities or assets for protection under the Act, and ensures coordination with the FAA when any C-UAS action authorized under the Act might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, and the use of the airspace.  This includes conducting a risk-based assessment in consultation with the Secretary of Transportation to examine potential airspace impacts and other considerations. 

“The Guidance is another important step forward,” said Deputy Attorney General Jeffrey A. Rosen, who is responsible under the Guidance for reviewing and approving DOJ components’ protection requests.  “The number of unmanned aircraft is increasing rapidly, as is their importance to the economy.  By further enabling the Department’s efforts to mitigate threats posed by errant or malicious UAS, the Guidance helps to bring us closer to the larger objective of ensuring all forms of air traffic in the National Airspace System operate lawfully and safely.”

Importantly, the Guidance also reflects the department’s dedication to protecting privacy, civil rights, and civil liberties.  It contains explicit limitations on the retention and use of any data collected during the course of counter-drone operations and requires each component deploying C-UAS technologies to train personnel on privacy and civil liberties in that context.  The Guidance further contains testing, procurement, and training requirements for authorized department personnel. 

The publication of the Guidance can be found here.

This week, the President’s Commission on Law Enforcement and the Administration of Justice held hearings on crime reduction, with panelists speaking about the national and local impact of violent crime, gun crime, and gangs. The hearings were held over three days via teleconference. Each teleconference featured a panel of expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, April 7, the Commission received testimony regarding the national and local impact of violent crime from Amy Blasher, Chief of the Crime Statistics Management Unit for the FBI; U.S. Attorney Justin Herdman for the Northern District of Ohio; Collin County (Texas) Sheriff Jim Skinner; Chief Steve Anderson, Metropolitan Nashville Police Department, and; Camden County (N.J.) Police Chief Scott Thomson (retired).

Testimony and discussions focused on the local and national trends of violent crime and the various initiatives law enforcement are implementing to address it. Chief Blasher recommended that “the nation’s law enforcement agencies fully support a transition to the National Incident-Based Reporting System to improve understanding violent crime … and create a framework for better assessment of crime reduction strategies.” U.S. Attorney Herdman stressed the importance of “community partnerships convened at the federal level and focused on violent crime prevention.” Sheriff Skinner discussed the importance of highway interdiction efforts; because sheriffs have jurisdiction over miles of state and federal highways, they are an asset to fighting weapons, drugs, cash, and human smuggling. Chief Anderson highlighted the importance of devoting resources to high crime neighborhoods, not based on an enforcement model, but to develop lasting relationships, which will transform the lives of the people who live there. Chief Thomson testified to the importance of repairing relationships in communities where high levels of mistrust of law enforcement exist, “community policing has to be meaningful and it has to be based upon human contact… [it’s] not just a squad car sitting there with its windows rolled up and the officer reading a paper or... texting on their phone.”

On Wednesday, April 8, the Commission heard testimony regarding gun crimes from Tom Chittum, Assistant Director of Field Operations, Bureau of Alcohol, Tobacco, Firearms, and Explosives; Melissa Nelson, State Attorney, Florida’s 4th Judicial Circuit; Paul Neudigate, Assistant Chief, Cincinnati Police Department, and; U.S. Attorney Zachary Terwilliger for the Eastern District of Virginia.

Testimony and discussion focused on the impact of gun crimes on public safety and the tools needed to address it. Assistant Director Chittum provided detailed testimony of how firearms end up in the hands of criminals, whether through theft, straw purchases, or, becoming increasingly more common, privately made firearms. State Attorney Nelson, Assistant Chief Neudigate, and U.S. Attorney Terwilliger each testified to the importance of removing crime guns from the streets, engaging with communities to remove high impact players, increasing state and federal firearms prosecutions, and partnering with the ATF, whose expertise, particularly with ballistic technology, is critical to solving gun crimes. “Without ATF, the use of gunshot detection would not be as effective, as we would lack the ability to link the recovered shell casings to crime and individuals,” stated Chief Neudigate.

On Thursday, April 9, the Commission heard testimony regarding gangs from Tim Sini, District Attorney, Suffolk County, New York; Commissioner Geraldine Hart, Suffolk County, New York, Police Department; Victor Gonzalez, Director of Program Services, City of Houston Mayor’s Anti-Gang Office Department of Neighborhoods; and Robert Mateo, President of the National Alliance of Gang Investigators Associations.

Testimony and discussion focused on gang eradication and prevention. Commissioner Hart argued that targeted enforcement alone will not lead to the eradication of MS13 in Suffolk County communities. Success requires law enforcement to partner with community members, schools, clergy, and other community stakeholders. District Attorney Sini discussed the importance of electronic surveillance in eradicating criminal organizations. He advocated for smart investment in technology for local law enforcement. Director Gonzalez discussed prevention and intervention, particularly in schools, to stop at-risk youth from joining gangs. President Mateo testified that laws – even language – have been slow to respond to the evolution of criminal gangs and how they operate. He recommends strengthening state and federal laws to afford prosecutors the tools they need to prosecute gang members for violent crimes.

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

Today, interested Executive Branch agencies[1] unanimously recommended that the Federal Communications Commission (FCC) revoke and terminate China Telecom (Americas) Corp.’s authorizations to provide international telecommunications services to and from the United States.  China Telecom is the U.S. subsidiary of a People’s Republic of China (PRC) state-owned telecommunications company.

The Department of Justice led the review of China Telecom’s authorizations, and it based the recommendation on developments since the authorizations were last transferred in 2007, including China Telecom’s failure to comply with the terms of an existing agreement with the Department. 

“Today, more than ever, the life of the nation and its people runs on our telecommunications networks,” said John C. Demers, Assistant Attorney General for National Security.  “The security of our government and professional communications, as well as of our most private data, depends on our use of trusted partners from nations that share our values and our aspirations for humanity.  Today’s action is but our next step in ensuring the integrity of America’s telecommunications systems.”

In its recommendation, the Executive Branch agencies identified substantial and unacceptable national security and law enforcement risks associated with China Telecom’s operations, which render the FCC authorizations inconsistent with the public interest. More specifically the recommendation was based on:

• the evolving national security environment since 2007 and increased knowledge of the PRC’s role in malicious cyber activity targeting the United States;
• concerns that China Telecom is vulnerable to exploitation, influence, and control by the PRC government;
• inaccurate statements by China Telecom to U.S. government authorities about where China Telecom stored its U.S. records, raising questions about who has access to those records;
• inaccurate public representations by China Telecom concerning its cybersecurity practices, which raise questions about China Telecom’s compliance with federal and state cybersecurity and privacy laws; and
• the nature of China Telecom’s U.S. operations, which provide opportunities for PRC state-actors to engage in malicious cyber activity enabling economic espionage and disruption and misrouting of U.S. communications. 

Some of the foregoing relate to China Telecom’s failure to comply with a 2007 Letter of Assurance, which was a basis for the existing FCC authorizations. The Department’s National Security Division, Foreign Investment Review Section, identified those compliance issues through its mitigation monitoring program.  As a result, the Executive Branch agencies concluded that the national security and law enforcement risks associated with China Telecom’s international Section 214 authorizations could not be mitigated by additional mitigation terms.

More information concerning the Executive Branch agencies’ recommendation is available on the FCC’s International Bureau Filing System (IBFS), under Docket Number ITC-T/C-20070725-00285.  The Department of Commerce’s National Telecommunications and Information Administration filed the recommendation on behalf of the Executive Branch agencies. 

The Department is committed to working with industry to ensure that critical business needs are considered and addressed in a manner that is consistent with the United States’ national security and law enforcement interests.  This action was taken under the legacy, ad hoc arrangement of the Departments of Justice, Defense, and Homeland Security, formerly known as Team Telecom, the operation of which was recently formalized by Executive Order dated April 4, 2020, establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Applications referred by the FCC after the date of the Executive Order will be handled under the process outlined therein.  

[1] For purposes of the recommendation, the Executive Branch agencies included the Departments of Justice, Homeland Security, Defense, State, Commerce, and the United States Trade Representative.

"At trial, the Antitrust Division argued that Sabre’s acquisition of Farelogix would extinguish a crucial constraint on Sabre’s market power and would result in higher prices and less innovation.  While we are disappointed with the court’s decision, we appreciate the court’s thoughtful consideration of this important case.  We will closely review the court’s opinion and consider next steps in light of our commitment to preserving competition for the benefit of the American consumer."

Today, the Department of Justice filed a petition with the Federal Communications Commission (FCC) concerning Google LLC’s application to operate a subsea cable.

On behalf of itself as well as the Departments of Homeland Security and Defense, the department advised the FCC that those agencies do not oppose Google LLC’s application (through its subsidiary GU Holdings Inc.) to operate the segment of the Pacific Light Cable Network System connecting the United States to Taiwan for the next six months, pending a final disposition of the license application, so long as that temporary authority is conditioned on certain obligations.  Those obligations are set forth in a Provisional National Security Agreement that was executed by GU Holdings Inc. and the foregoing agencies on April 8, 2020.  Google applied to the FCC for this operating authority in a Special Temporary Authority on April 2, 2020 (the “STA”).

In its application for the STA, Google emphasized “an immediate need to meet internal demand for capacity between the U.S. and Taiwan” and that without the sought temporary authority Google would likely have to seek alternative capacity at “significantly higher prices.”  After discussions with Google representatives, the departments concluded that the obligations undertaken by Google in the Provisional National Security agreement would be sufficient to preserve their abilities to enforce the law, protect national security, and preserve public safety. 

Under the terms of the Provisional National Security Agreement, Google has agreed to a range of operational requirements, notice obligations, access and security guarantees, as well as auditing and reporting duties, among others.

The Provisional National Security Agreement also includes a commitment by Google to “pursue diversification of interconnection points in Asia,” as well as to establish network facilities that deliver traffic “as close as practicable” to its ultimate destination.  This term reflects the views of the Executive Branch that a direct cable connection between the United States and Hong Kong would pose an unacceptable risk to the national security and law enforcement interests of the United States. 

More information concerning the license application and the departments’ response is available here.

The department is committed to working with industry to ensure that critical business needs are considered and addressed in a manner that is consistent with the United States’ national security and law enforcement interests.  This action was taken under the legacy, ad hoc arrangement of the departments formerly known as Team Telecom, the operation of which was recently formalized by Executive Order (April 4, 2020), establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. Applications referred by the FCC after the date of the Executive Order will be handled under the process outlined therein.

WASHINGTON – The Department of Justice today announced that it has reached a settlement agreement with Taiyo International Inc. (Taiyo), a wholly-owned subsidiary of Japan-based Taiyo Kagaku that develops, produces, and sells various food and pharmaceutical ingredients. The settlement resolves a claim that Taiyo retaliated against an applicant in violation of the antidiscrimination provision of the Immigration and Nationality Act (INA).

“Employees and applicants must be able to raise concerns about discrimination without being subjected to retaliation that may deter them and others from asserting their rights,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We appreciate Taiyo’s cooperation and are pleased that Taiyo has agreed to offer back pay to the affected U.S. citizen and take measures to ensure compliance with the law.”

Based on its investigation, the Department concluded that Taiyo rescinded a job offer it extended to a naturalized U.S. citizen in retaliation for her complaints of discrimination. The Department determined that, during the applicant’s three interviews, Taiyo employees repeatedly asked the applicant improper questions related to her national origin, citizenship status, the timing of her naturalization, and her valid work authorization documents. After Taiyo offered her the job, the applicant sent an email to the interviewers complaining that the treatment she received was discriminatory, and Taiyo immediately rescinded the job offer.

The INA’s antidiscrimination provision prohibits employers from discriminating in hiring against employees because of their national origin, citizenship status, or immigration status. The statute also prohibits employers from retaliating against workers because they opposed unlawful employer conduct or conduct that they reasonably believe was unlawful discrimination.

Under the terms of the settlement agreement, Taiyo will pay a civil penalty for the violation, offer back pay plus interest totaling $10,400.00 to the worker, post notices informing workers of their rights under the INA’s antidiscrimination provision, train its staff, and be subject to departmental monitoring for three years.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the antidiscrimination provision of the INA. Among other things, the statute prohibits discrimination against individuals who are authorized to work based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.

Employers can find information on how to avoid unlawful discrimination based on citizenship status or national origin here. Workers can find information about their rights under the antidiscrimination provision of the INA here. For more information about protections against employment discrimination under the INA, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

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; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Taiyo International Inc. (Taiyo), una filial íntegramente propiedad de Taiyo Kagaku, cuya sede está en Japón, que desarrolla, produce y vende distintos ingredientes farmacéuticos y de alimentos. El acuerdo resuelve una afirmación que Taiyo tomó represalias contra una aspirante, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).

«Los empleados y aspirantes deben tener la posibilidad de vocalizar sus preocupaciones acerca de la discriminación sin ser sujetos a represalias que podrían disuadirlos a ellos y a otros de hacer valer sus derechos», afirmó el Fiscal General Auxiliar de la División de Derechos Civiles, Eric Dreiband. «Valoramos la cooperación de Taiyo y nos complace ver que Taiyo ha acordado ofrecer pagos retroactivos a la ciudadana estadounidense afectada y tomar medidas para asegurar el cumplimiento con la ley».

Con base en su investigación, el Departamento concluyó que Taiyo había rescindido una oferta de trabajo que había extendido a una ciudadana estadounidense naturalizada como represalia por sus denuncias de discriminación. El Departamento determinó que, durante las tres entrevistas de la aspirante, los empleados de Taiyo le hicieron preguntas impropias en repetidas ocasiones acerca de su nacionalidad de origen, estatus de ciudadanía, cuándo se naturalizó y sus documentos válidos de autorización para trabajar. Después de que Taiyo le ofreció el trabajo, la aspirante envió un correo electrónico a los entrevistadores quejándose que el trato que había recibido fue discriminatorio y Taiyo inmediatamente rescindió la oferta de trabajo.

La disposición antidiscriminatoria de la INA prohíbe que los empleadores discriminen a empleados durante el proceso de contratación por motivos de su nacionalidad de origen, estatus de ciudadanía o estatus migratorio.  Asimismo, la ley prohíbe que los empleadores tomen represalias contra trabajadores porque estos se hayan opuesto a una conducta ilícita por parte del empleador o a cualquier otra conducta que ellos crean que constituye discriminación ilícita.

Conforme a los términos del acuerdo conciliatorio, Taiyo pagará una sanción civil por la infracción, ofrecerá pagos retroactivos más intereses que se ascienden a un total de 10.400,00 $ a la trabajadora, publicará notificación para informar a los trabajadores de sus derechos en virtud de la disposición antidiscriminatoria de la INA, capacitará a su personal y se someterá a la supervisión del departamento durante tres años.

La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe que se discrimine a individuos que cuentan con la debida autorización para trabajar 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.

Los empleadores encontrarán más información sobre cómo evitar la discriminación ilícita por motivos de estatus de ciudadanía o nacionalidad de origen aquí. Los trabajadores encontrarán más información acerca de sus derechos en virtud de la disposición antidiscriminatoria de la INA aquí. Para más información sobre las protecciones que ofrece la INA contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico aIER@usdoj.gov; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.

On Saturday, the President by Executive Order formally established an interagency committee to advise the Federal Communications Commission (FCC) on national security and law enforcement concerns related to certain license applications by companies under foreign ownership or control.  The Attorney General will chair the committee, which includes the Secretaries of Homeland Security and Defense. 

Saturday’s Executive Order, “Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector,” formalizes a process known as Team Telecom that has existed for years, but which will benefit from a transparent and empowered structure.

“In the digital age, our telecommunications networks are more important than ever, and not just to the economy,” said Attorney General William P. Barr.  “This is a national security and public safety issue.  That’s why the federal government must be vigilant and ensure that a foreign adversary cannot undermine the networks our country depends on.”

The Justice Department’s National Security Division, through its Foreign Investment Review Section, will represent the Attorney General on the Committee.  Other departments and agencies will serve as Advisors to the Committee. 

“We look forward to continuing to work with our federal partners to ensure that our nation’s telecommunications networks maintain the security, integrity, and continuity that the American people expect and American security demands,” said John C. Demers, Assistant Attorney General for National Security.  “We welcome foreign participation in our communications system, but we must ensure that anyone licensed to do business here is a trusted partner.  The National Security Division is ready and proud to lead this effort to increase transparency to the public, certainty and timeliness for the business community, and security for the nation.” 

The Committee will review applications for telecommunications, submarine cable landing, and other FCC licenses which the FCC refers for review of national security and law enforcement concerns.  Under the Executive Order, once an application is deemed complete, the Committee must complete an initial review of an application within 120 days, and if a review reveals potential risks, must complete a secondary assessment within 90 days. Even complex applications would be reviewed within about a year, substantially faster than Team Telecom has functioned historically.  The EO also establishes a framework for Advisors to the Committee to contribute to the process, ensuring that the FCC receives a timely recommendation that reflects a coordinated Executive Branch view.  Those recommendations will continue to be filed on the FCC’s public docket, and the FCC will continue to make the final decision on the disposition of any application.

The U.S. Department of Justice announced today that it will not challenge collaborative efforts of McKesson Corporation, Owens & Minor Inc., Cardinal Health Inc., Medline Industries Inc., and Henry Schein Inc. (together, Medical Supplies Distributors) to expedite and increase manufacturing, sourcing, and distribution of personal-protective equipment (PPE) and coronavirus-treatment-related medication.  These collaborative efforts are part of an emergency response developed and led by the Federal Emergency Management Agency (FEMA) and the U.S. Department of Health and Human Services (HHS) to address supply needs arising from the COVID-19 pandemic.

“These Medical Supplies Distributors should be applauded for their efforts to both assist the United States in responding to the COVID-19 pandemic and stay within the bounds of antitrust law,” says Assistant Attorney General Makan Delrahim.  “I also applaud the attorneys and economists of the Antitrust Division, who worked expeditiously to finish in days a review process that ordinarily takes many months.”

Under the collaboration, the Medical Supplies Distributors work at the direction of the United States government to help resolve supply challenges presented by the pandemic.  One such initiative, Project Airbridge, was developed by the United States as a partnership between the Medical Supplies Distributors, among others, in addition to logistics companies, under the direction of FEMA and HHS.  Project Airbridge’s purpose is to quickly source and airlift PPE, including masks, gowns, gloves, and other equipment designed to protect against infection, as well as to distribute coronavirus-treatment-related medication to areas of greatest need across the country.

The Medical Supplies Distributors submitted their business review request pursuant to the expedited, temporary review procedure, detailed in the Joint Antitrust Statement Regarding COVID-19 (the "joint statement") and 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.

This week, the President’s Commission on Law Enforcement and the Administration of Justice held hearings on social problems impacting public safety, specifically homelessness, federal programming, and substance abuse. The hearings were held over three days via teleconference. Each teleconference featured a panel of expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.

On Tuesday, March 31, the Commission received testimony regarding homelessness from Salt Lake City (Utah) Police Chief Mike Brown; John Ashmen, President/CEO of Citygate Network, and; Chief Brian Redd of the Utah Department of Public Safety, State Bureau of Investigation.

Testimony and discussions focused on the intersection of public safety and homelessness. Chief Brown asserted that “law enforcement is consistently put in the position of triaging homelessness, which often is a symptom of underlying mental health and/or substance use issues.” John Ashmen, CEO of Citygate Network, suggested that the number of people experiencing homelessness in the United States “confirms that homeless services providers and the law enforcement community need to collaborate like never before.” Chief Brian Redd provided a detailed account of the successes of Operation Rio Grande, an initiative to address public safety issues in the Rio Grande District of downtown Salt Lake City near Utah’s 1,000-bed homeless shelter. An additional encampment of more than 2,000 individuals had formed around the shelter, resulting in an open-air drug market, violence, victimization, and public health concerns. The Operation deployed a three-pronged approach: law enforcement, treatment and housing, and dignity of work – designed to help individuals become self-sufficient.

The panelists also outlined the pressures law enforcement professionals are currently experiencing in the face of the COVID-19 pandemic, whether mitigating the risks of the virus from hitting the homeless population or balancing public safety with prisoner safety.

On Wednesday, April 1, the Commission heard testimony regarding federal programming from Christopher M. Patterson, Regional Administrator of the U.S. Department of Housing and Urban Development (HUD) in Region IX; Dr. Matt Miller, Acting Director for Suicide Prevention, Office of Mental Health and Suicide Prevention for the U.S. Department of Veterans Affairs, and; Dr. Robert Marbut, Jr., Executive Director of the U.S. Interagency Council on Homelessness.

Testimony and discussions focused on federal programming for social issues. Chris Patterson of HUD spoke of the Foster Youth to Independence program. As youth age out of foster care, they become vulnerable to homelessness, trafficking, and other dangers. Mr. Patterson underscored that it is crucial to get youth into proper housing through a voucher program as they age out of the foster care system. Dr. Miller called attention to the term “lethal means safety,” which “refers to decreasing the mortality associated with certain forms commonly used to implement suicide.” He stated that suicide is often an impulsive act, further noting that the chances of suicide and death by suicide increase “up to six times” when individuals have access to firearms. Dr. Robert Marbut, Jr. argued that officers often have more success getting homeless into recovery programs through innovative law enforcement programs that feature constant engagement with those requiring assistance.

On Thursday, April 2, the Commission heard testimony regarding substance abuse from Carson Fox, CEO of the National Association of Drug Court Professionals; Mike Sena, Executive Director of the Northern California High Intensity Drug Trafficking Area (HIDTA); Middlesex County (Mass.) Sheriff Peter J. Koutoujian; Sue J. DeLacy, Chief Deputy Probation Officer for the Orange County (Calif.) Probation Department, and; Michael B. Stuart, United States Attorney for the Southern District of West Virginia.

Testimony and discussion focused on public safety and substance abuse. Mr. Fox asserted that law enforcement plays a role in the success of treatment courts across the nation. When law enforcement work side-by-side with other providers and agencies, it significantly affects the outcome. Mike Sena argued that to successfully address substance abuse in our communities, the public safety community needs real-time data. He suggested that HIDTA’s ODMap, which tracks real-time overdose data, be adapted nationwide. Sheriff Koutoujian addressed the need for Medicated Assisted Treatment programs to treat those who are experiencing opioid dependence throughout jail and prison systems nationwide. U.S. Attorney Stuart called attention to the opioid crisis in the Southern District of West Virginia. He called for a substantive discussion for developing a picture of what victory over substance abuse would look like.

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.

Please note, these hearings were originally to take place in person in Orange County, Calif., but were changed to teleconference format in response to CDC recommendations regarding Covid-19.

The Department of Justice today announced that it has reached a settlement agreement with Southwest Key Programs (SKP), an organization that operates detention centers in several states, including Texas. The settlement resolves a claim that SKP retaliated against a former employee in violation of the antidiscrimination provision of the Immigration and Nationality Act (INA).

“Employers should never retaliate against workers for stating that they will file a discrimination complaint with the government,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously pursue claims involving employers that retaliate against workers and we are pleased to have recovered financial compensation from Southwest Key Programs for the affected worker.”

According to the Department’s investigation, a former SKP employee applied for several jobs with SKP after receiving his renewed employment authorization documentation. However, an SKP human resource staffer told the former employee that SKP would not rehire him because he previously stated that he would file a discrimination complaint regarding a dispute about his employment documentation. The Department also concluded that the SKP staffer further retaliated against the former employee by spreading misinformation about him to SKP colleagues to prevent him from being rehired.

The INA’s antidiscrimination provision generally prohibits employers from retaliating against workers because they intend to file a discrimination complaint, or for exercising rights protected under that provision.

Under the terms of the settlement agreement, SKP will, among other things, give the former employee front pay, and back pay plus interest, totaling over $68,000; pay a civil penalty; train its workers; and be subject to departmental monitoring.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the antidiscrimination provision of the INA. Among other things, the statute prohibits discrimination against individuals who are authorized to work based on their citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.

Employers can find information on how to avoid unlawful discrimination based on citizenship status or national origin here. Workers can find information about their rights under the antidiscrimination provision of the INA here. For more information about protections against employment discrimination under the INA, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

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; discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Southwest Key Programs (SKP), una organización que opera centros de detención en varios estados, entre ellos Tejas. El acuerdo resuelve una denuncia que afirmó que SKP había tomado represalias contra un exempleado, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).

«Los empleadores nunca deben tomar represalias contra un trabajador porque el mismo haya declarado que va a presentar una denuncia de discriminación ante el Gobierno», afirmó Eric Dreiband, el Fiscal General Auxiliar de la División de Derechos Civiles. «El Departamento de Justicia seguirá persiguiendo enérgicamente denuncias relacionadas con empleadores que toman represalias contra sus trabajadores por haber hecho valer sus derechos  y nos complace haber recuperado compensación monetaria de Southwest Key Programs para el trabajador afectado».

Según la investigación del Departamento, un exempleado de SKP había solicitado varios puestos con SKP tras recibir su documentación renovada de autorización para trabajar. No obstante, un miembro del personal de recursos humanos de SKP le dijo al exempleado que SKP no lo iba a recontratar por haber declarado anteriormente que iba a presentar una denuncia de discriminación motivada por una discusión acerca de su documentación de empleo. Más aún, el Departamento concluyó que el miembro del personal de SKP tomó represalias adicionales contra el exempleado al difundir mala información errónea sobre él ente colegas de SKP para prevenir que fuera recontratado. Por lo general, la disposición antidiscriminatoria de la INA prohíbe que los empleadores tomen represalias contra sus trabajadores porque los mismo tengan la intención de presentar una denuncia de discriminación o por haber hecho valer sus derechos en virtud de esa disposición.

Conforme a los términos del acuerdo conciliatorio, entre otras cosas, SKP pagará pagos anticipados, y pagos retroactivos más intereses, al exempleado, un total que asciende a 68.000 $; pagará una sanción civil; capacitará a sus trabajadores y se someterá a la supervisión del Departamento. 

La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe que se discrimine a individuos que cuentan con la debida autorización para trabajar 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.

Los empleadores encontrarán más información sobre cómo evitar la discriminación ilícita por motivos de estatus de ciudadanía o nacionalidad de origen aquí. Los trabajadores encontrarán más información acerca de sus derechos en virtud de la disposición antidiscriminatoria de la INA aquí. Para más información sobre las protecciones que ofrece la INA contra la discriminación en el empleo, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a IER@usdoj.gov; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.

The U.S. Department of Justice and U.S. Department of Health and Human Services (HHS) today announced the distribution of hoarded personal protective equipment (PPE), including approximately 192,000 N95 respirator masks, to those on the frontline of the novel coronavirus disease 2019 (COVID-19) response in New York and New Jersey.

The FBI discovered the supplies during an enforcement operation by the Department of Justice's COVID-19 Hoarding and Price Gouging Task Force on March 30 and alerted HHS which used its authority under Defense Production Act (DPA) to order that the supplies be immediately furnished to the United States.  In addition to the N95 respirator masks, the supplies found included 598,000 medical grade gloves and 130,000 surgical masks, procedure masks, N100 masks, surgical gowns, disinfectant towels, particulate filters, bottles of hand sanitizer, and bottles of spray disinfectant.

"If you are amassing critical medical equipment for the purpose of selling it at exorbitant prices, you can expect a knock at your door," said Attorney General William P. Barr.  "The Department of Justice's COVID-19 Hoarding and Price Gouging Task Force is working tirelessly around the clock with all our law enforcement partners to ensure that bad actors cannot illicitly profit from the COVID-19 pandemic facing our nation."

"Cracking down on the hoarding of vital supplies allows us to distribute this material to the heroic healthcare workers on the frontlines who are most in need," said HHS Secretary Alex Azar.  "Thanks to the quick work of the White House, the Department of Justice, and HHS, the seized resources were distributed in days to the doctors, nurses and first responders who need them.  President Trump's all-of-America approach to combating the coronavirus involves an aggressive approach to stopping hoarding, and the American public can play a role by being on the lookout for this behavior."

HHS will pay the owner of the hoarded equipment pre-COVID-19 fair market value for the supplies and has begun distributing to meet the critical need for the supplies among healthcare workers in New York and New Jersey.

Specifically, after inspecting the supplies, HHS arranged for the delivery of the PPE to the New Jersey Department of Health, the New York State Department of Health and the New York City Department of Health and Mental Hygiene.

"This is the first of many such investigations that are underway," said Peter Navarro, DPA Policy Coordinator and Assistant to the President. "Our FBI agents and other law enforcement agencies are tracking down every tip and lead they get, and are devoting massive federal resources to this effort.  All individuals and companies hoarding any of these critical supplies, or selling them at well above market prices, are hereby warned they should turn them over to local authorities or the federal government now or risk prompt seizure by the federal government."

Vendors interested in selling PPE to the federal government should contact the Federal Emergency Management Agency at https://www.fema.gov/coronavirus/how-to-help.  Anyone who learns of hoarding or price gouging of PPE should report it to the National Center for Disaster Fraud by dialing 1-866-720-5721 or emailing disaster@leo.gov.

HHS and the Federal Emergency Management Agency continue to collaborate with private industry to overcome the shortage of PPE across the country amid the COVID-19 pandemic.

The Defense Production Act and Presidential Executive Order are intended to prevent accumulation in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices, also known as hoarding and price gouging, of medical supplies critical to the COVID-19 response.

The Department of Justice announced today that it has filed a lawsuit alleging that the co-owners and managers of rental properties in Russellville, Kentucky, violated the Fair Housing Act by subjecting female tenants to sexual harassment and retaliation.

The lawsuit, filed in the U.S. District Court for the Western District of Kentucky, alleges that Gordon Whitescarver sexually harassed a number of female tenants since at least 2012. According to the complaint, he, among other things, made repeated and unwelcome sexual comments, entered the homes of female tenants without their consent, touched female tenants’ bodies without their consent, requested sexual favors, offered reduced or free rent in exchange for sexual favors, and took adverse housing-related actions against female tenants who refused his sexual advances. The lawsuit also names as a defendant Betsy Whitescarver, Gordon Whitescarver’s wife, who co-owns and manages the properties. According to the complaint, she threatened and retaliated against women who complained about her husband’s harassment.

“No woman should have to endure sexual harassment to remain in her home,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Fair Housing Act protects tenants from sexual harassment and retaliation by their landlords, and the Justice Department will hold accountable those who engage in such reprehensible and illegal conduct and will work tirelessly to obtain relief for their victims.”

“Be it Logan County or Louisville, this foul conduct towards women will not be tolerated in the Western District of Kentucky,” said Russell Coleman, the U.S. Attorney for the Western District of Kentucky. 

In October 2017, the Department of Justice launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices; a public awareness campaign, including the release of a national Public Service Announcement; and a new joint Task Force with HUD to combat sexual harassment in housing. Since launching the initiative, the Department of Justice has filed 14 lawsuits alleging a pattern or practice of sexual harassment in housing.

Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties to vindicate the public interest, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by the Whitescarvers, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, at 1-800-896-7743, and select option number 98 to leave a message.

Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at fairhousing@usdoj.gov.

The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local, and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to Congress for making these resources available and for the show of support this program represents.”

The solicitation, posted by the Bureau of Justice Assistance, within the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://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.

Today, a federal district court in Washington, D.C., concluded that the Antitrust Division’s resolution of its challenge to the merger between T-Mobile and Sprint was in the public interest and entered the proposed final judgment following an extensive Tunney Act process.  This order gives effect to the settlement that the Department of Justice and numerous states reached with the merging parties and Dish Network Corp. to allow the T-Mobile/Sprint transaction to proceed, subject to substantial divestitures and other remedies. 

“I am pleased that the court has entered the final judgment, and I appreciate all of the work from Judge Kelly and the district court staff, particularly in the midst of the current COVID-19 disruption,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “The T-Mobile/Sprint transaction, as remedied by the Department of Justice, will combine T-Mobile’s and Sprint’s complementary spectrum assets while preserving competition.  Our settlement promises to expand output further by bringing Dish’s extensive spectrum holdings to the market.  The end result will be strengthened competition with high-quality 5G networks that will benefit American consumers nationwide.”

The Antitrust Division filed a civil antitrust lawsuit on July 26, 2019, in the U.S. District Court for the District of Columbia along with the settlement that resolves the department’s competitive concerns.  The attorneys general for the states of Arkansas, Colorado, Florida, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Dakota, and Texas have each joined in this settlement.  Separately, Judge Marrero in the Southern District of New York denied the request of New York, California, and a minority group of states to enjoin the proposed transaction nationwide.  Judge Marrero’s opinion relied, in part, on the ability of the Antitrust Division’s remedies to protect against competitive harms that may otherwise have occurred.

The FCC also approved the transaction after a thorough examination, with certain commitments as a condition of approval.

Under the terms of the proposed settlement, T-Mobile and Sprint must divest Sprint’s prepaid business, including the Boost Mobile, Virgin Mobile, and Sprint prepaid brands, to Dish Network Corp., a Colorado-based satellite television provider.  The proposed settlement also provides for a divestiture of substantial spectrum assets to Dish.  Additionally, T-Mobile and Sprint must make available for divestiture to Dish at least 20,000 cell sites and hundreds of retail locations.  T-Mobile must also provide Dish with robust access to the T-Mobile network for a period of seven years while Dish transitions the business and builds out its 5G network.

T-Mobile US Inc. is a Delaware corporation headquartered in Bellevue, Washington.  In 2018, T-Mobile posted revenues of more than $43 billion.  Deutsche Telekom AG, a German corporation headquartered in Bonn, Germany, is the controlling shareholder of T-Mobile US Inc.

Sprint Corporation is a Delaware corporation headquartered in Overland Park, Kansas.  In 2018, its posted revenue was over $32 billion. Sprint is controlled by SoftBank Group Corp., a Japanese corporation headquartered in Tokyo, Japan.

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) submitted to the Federal Register for publication an interim final rule with a request for comments that is now available for public inspection and is expected to publish in tomorrow’s Federal Register. The interim rule amends Department of Justice regulations relating to the organization of the Board of Immigration Appeals (BIA) by expanding the number of Board members from 21 to 23. The proposed expansion will more efficiently accomplish EOIR’s commitment to promptly decide a large volume of cases, as well as review a large quantity of appeals of those cases. Written comments regarding the interim rule will be considered if submitted per the instructions in the publication.

The timely and impartial adjudication of cases is the highest priority for EOIR, and EOIR requires additional Board members to manage the agency’s growing caseload. The pending caseload at the BIA essentially doubled from FY 2018 to FY 2019, from 35,503 to 70,183. Furthermore, due to increased inflows of illegal immigration, the Department of Homeland Security filed 504,848 new cases with EOIR in FY 2019, an increase of nearly 200,000 new cases over FY 2018 and the highest single-year total in EOIR’s history. Further, EOIR has made concerted efforts in recent years to hire more immigration judges, hiring 237 between the beginning of FY 2017 and the end of FY 2019, more than the previous seven fiscal years combined. As both the number of new cases and the number of immigration judges increase, EOIR anticipates that the caseload at the BIA will also continue to increase, warranting a need for additional Board members.

Attorney General William P. Barr announced today the appointment and swearing in of Peter M. McCoy, Jr. as Interim U.S. Attorney for the District of South Carolina, pursuant to 28 U.S.C. § 546.

As Interim U.S. Attorney, McCoy is the chief federal law enforcement officer responsible for federal criminal prosecutions and civil litigation involving the United States in the District of South Carolina.  He supervises an office of approximately 62 Assistant U.S. Attorneys, 75 support staff, and 18 contract support staff, all of whom are responsible for prosecuting federal crimes affecting the district, including narcotics and firearms cases, gang violence, human trafficking, white-collar crime, securities fraud, public corruption, terrorism and civil rights violations.  The office also defends the United States in civil cases and collects debts owed to the United States.

“I am pleased to appoint Peter McCoy as Interim U.S. Attorney for the District of South Carolina.  Peter’s extensive legal and prosecutorial experience, and strong commitment to public safety and the rule of law will make him an able leader of this office,” said Attorney General William P. Barr.  “Peter has been a fierce advocate for the rights of children and strict accountability for sex offenders and other violent criminals.  He will make an outstanding U.S. Attorney for the people of South Carolina.”

Before being sworn in as Interim U.S. Attorney, McCoy was a partner at McCoy and Stokes Law Firm.  McCoy also served as a member of the South Carolina House of Representatives and focused his legislative work on protecting children and keeping neighborhoods safe.

A Charleston, South Carolina, resident and graduate of Hampden-Sydney College and Regent University Law School, McCoy spent more than five years as a criminal prosecutor in the Ninth Circuit Solicitor’s Office, handling thousands of crimes involving violence, guns, and drugs.  As a legislator, McCoy was the lead sponsor of legislation requiring the mandatory reporting of child sexual abuse as well as legislation establishing a mandatory minimum sentence for anyone who commits a crime while out on bond.  He worked to pass statutes that ensure violent repeat criminal offenders do not remain out of bond if they continue to commit crimes.

For more information about the U.S. Attorney’s Office for the District of South Carolina, please visit https://www.justice.gov/usao-sc.

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.

As the Assistant Attorney General for the Civil Rights Division of the Department of Justice, I am entrusted with the responsibility of protecting the civil rights of the brave men and women of our nation’s armed forces, and our nation’s veterans.  Since COVID-19 has come to our shores, active duty servicemembers and members of the National Guard and Reserve have shouldered new burdens as they work to protect our country.  We owe it to them to ensure that COVID-19 does not jeopardize their economic livelihood.  That is why the Department of Justice is committed to vigorously enforcing all the civil rights laws, including those that protect the housing and civilian employment rights of servicemembers. 

The Civil Rights Division enforces multiple federal laws that protect the rights of servicemembers and veterans.  We protect servicemembers’ financial and housing rights by enforcing the Servicemembers Civil Relief Act, or the SCRA.  Since January 2017, our SCRA settlements have included over $10 million in damages and civil penalties.  We protect servicemembers’ civilian employment rights by litigating claims against employers who violate the Uniformed Services Employment and Reemployment Rights Act, or USERRA.  And, we protect their voting rights by enforcing the Uniformed and Overseas Citizens Absentee Voting Act, also known as UOCAVA.  The Division also safeguards the rights of servicemember spouses, dependents, and veterans eligible for certain protections under the SCRA and UOCAVA.

On March 13, 2020, the Department of Defense (DOD) issued a stop movement order on domestic travel for all military personnel and their families until at least May 11, 2020, and possibly longer.  This order is necessary to prevent the spread of the virus and protect force readiness.  However, this order also forced servicemembers to make abrupt changes to their housing plans and employment responsibilities. 

We understand that prior to this stop movement order, many servicemembers signed leases in anticipation of movement to a new duty station under previously received orders.  These servicemembers are now unable to occupy the leased property, and must maintain housing at their current location.  As a result, they face the prospective burden of paying rent at two properties for an uncertain amount of time.  Relatedly, there may also be servicemembers who have already terminated leases in anticipation of moving elsewhere, but now need a place to stay.

Consistent with federal and state law, we strongly encourage property managers to afford the men and women of our armed forces maximum flexibility to adjust their residential lease obligations as needed to comply with military orders during this uncertain time.  Where the federal laws that protect servicemembers are broken, the Department of Justice will act swiftly to bring violators to justice.    

With respect to members of our Guard and Reserve, already more than 2,000 Guardsmen have been deployed in 27 states to respond to the pandemic.  This number will undoubtedly increase as the Nation’s response continues.  More members of the National Guard may be deployed to transport medical supplies, help with drive-through testing, and assist local law enforcement.  These servicemen and women are being asked to leave their homes, their jobs, and their families.  This will put extra burdens on not just servicemembers and their families, but also on their employers, landlords, and banks.

It is at this time we also ask employers and landlords to be mindful of the responsibilities they have with respect to members of the National Guard and Reserve under USERRA, the SCRA and similar state laws.  These servicemembers are being pulled from their homes and jobs and tasked with vital operations in protection of our most vulnerable citizens.  When this emergency ends, USERRA and other state laws will protect servicemembers’ prompt reemployment and continued pension benefits.  These laws also protect servicemembers from discrimination based on their service. 

Servicemembers undertake their duties at great personal sacrifice and as the nation battles the invisible enemy of COVID-19 they are once again answering the call of duty.  They should not have to bear undue financial burden as a result of their military service.

The Department of Justice, in partnership with other federal agencies, is committed to devoting time and resources to protect the rights of servicemembers, and the employees of the Department of Justice are proud to serve our nation’s men and women in uniform.  The Civil Rights Division has not hesitated in recent years to enforce the SCRA against landowners — for example, in 2019 the Division obtained a $1.59 million settlement against a company that manages properties in the Virginia Beach area for obtaining unlawful default judgments against military tenants on active duty.  The Civil Rights Division has also filed over 100 complaints and settled almost 200 cases under USERRA and is prepared to use its authority to fullest extent during the COVID-19 response to protect these servicemembers should their rights be violated.

Servicemembers and their dependents who believe their rights have been violated under any of the statutes enforced by the Civil Rights Division should contact the Department of Justice at www.servicemembers.gov or the nearest Armed Forces Assistance Program Office.

Eric S. Dreiband

Assistant Attorney General

Civil Rights Division

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.  Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through the Department’s guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.  To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.  Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws. 

This week, the President’s Commission on Law Enforcement and the Administration of Justice held hearings on social problems impacting public safety, specifically mental illness.  The hearings were held over three days via teleconference.  Each teleconference featured a panel of expert witnesses who provided testimony and, subsequently, answered questions from the Commissioners.  Next week, the Commission will continue its analysis of social problems impacting public safety, hearing testimony from experts on homelessness and substance abuse. 

On Tuesday, March 24, the Commission received testimony from San Bernardino (Calif.) Sheriff John McMahon; John Snook, CEO of the Treatment Advocacy Center, and; Sergeant Sarah Shimko from the City of Madison (Wisc.) Police Department Mental Health Unit.

Testimony and discussions focused on the current interactions that arise between individuals suffering from untreated mental illnesses and law enforcement.  Sheriff McMahon and Sergeant Shimko spoke of the importance of mandatory mental illness course training for all law enforcement officers, not just because of the scope of the mental health crisis across the country, but also because law enforcement will always play a role in responding to people with mental health issues, and, therefore, adequate training is essential.  Speaking about the connections between mental health and law enforcement, CEO John Snook recommended, “This Commission must resist the urge to force greater responsibilities on law enforcement.”

On Wednesday, March 25, the Commission heard testimony from Orange County (Calif.) Sheriff Donald Barnes; Dr. Shannon Robinson, Principal, Health Management Associates (formerly the Chief Psychiatrist for the California Department of Corrections and Rehabilitation), and; Maricopa County (Ariz.) Sheriff Paul Penzone.

Testimony and discussions focused on the intersection of mental health and substance abuse disorders and law enforcement.  Sheriff Barnes called for a national naloxone program in jails to keep victims of opioid overdoses alive.  He also called attention to the ever-growing quantities of pure fentanyl being seized in his county and the impact that pure fentanyl has on the general public.  Dr. Robinson’s testimony shed light on the multi-generational effects, as well as the resource requirement, that mental health and substance abuse issues have on society at large.  And Sheriff Penzone called attention to the public’s instinct to call 911 based on the expectation that law enforcement officers will handle any problem, regardless of whether or not it is within the scope of law enforcement’s traditional role.

On Thursday, March 26, Dr. Keith Humphreys, Professor and Section Director for Mental Health Policy in the Department of Psychiatry and Behavioral Sciences at Stanford University, addressed the Commission.

Dr. Humphrey’s testimony focused on the intersection of alcohol and law enforcement, calling attention to the number of calls law enforcement receive daily that are linked to an incident involving alcohol abuse.  He pointed to statistics that show that those who receive treatment for alcoholism are less likely to re-offend, and called for treatment to be part of probation or parole options.

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.

Please note, these hearings were originally to take place in person in Orange County, Calif., but were changed to teleconference format in response to CDC recommendations regarding COVID-19.

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 announced today that it is requiring United Technologies Corporation (UTC) and Raytheon Company (Raytheon) to divest Raytheon’s military airborne radios business and UTC’s military global positioning systems (“GPS”) and large space-based optical systems businesses in order to proceed with their proposed merger.  Without these divestitures, the merger would eliminate competition between two of the primary suppliers of military airborne radios and military GPS systems to the Department of Defense (DoD), and enable the merged firm to lessen competition for multiple components used in reconnaissance satellites sold to DoD and the wider U.S. intelligence community.  

The department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed merger.  At the same time, the Antitrust Division filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.

“Today’s settlement protects the American taxpayer by preserving competition that leads to lower costs and higher innovation in critical military and defense products,” said Assistant Attorney General Makan Delrahim of the Antitrust Division.  “The merger, as originally proposed, would have eliminated competition in the supply of military airborne radios and military GPS systems, and would have positioned the merged firm to harm rivals capable of making key components for reconnaissance satellites.  These horizontal and vertical concerns are resolved by the Division’s structural remedy, which includes the divestiture of three separate business units.”

According to the department’s complaint, UTC and Raytheon are the only firms that develop, manufacture, and sell military airborne radios, which allow for secure voice, data, and video communications to and from aircraft, and are installed on every airplane and helicopter currently used by DoD.  The department’s complaint also alleges that UTC and Raytheon are the only competitors for military GPS systems for aviation and maritime applications, and are two of the three competitors for military GPS systems for ground applications.  Military GPS systems receive and process satellite signals, providing information regarding position, navigation, and timing.  The complaint alleges that the merger would eliminate competition between UTC and Raytheon for all of these products, likely leading to higher prices, diminished innovation, lower quality, and less favorable contract terms.  

The department’s complaint further alleges that UTC and Raytheon are among the few firms capable of producing several components for space-based electro-optical/infrared (EO/IR) reconnaissance satellites, which provide DoD and U.S. intelligence community customers with essential information, including early warning of missile launches.  Specifically, UTC is one of only two companies able to build large space-based optical systems, and Raytheon is a leading supplier of detectors called focal plane arrays (FPAs).  Raytheon is the only firm that produces FPAs that detect visible light, and one of two firms that produces FPAs that detect infrared light.  Large space-based optical systems and FPAs are components of EO/IR reconnaissance satellite payloads – the system that carries out the mission of the satellite – which Raytheon also produces.  According to the department’s complaint, the merged firm would have the ability and incentive to require EO/IR payload builders seeking to purchase Raytheon’s industry-leading FPAs to also purchase UTC’s large space-based optical systems, and could deny Raytheon’s EO/IR payload competitors access to UTC’s large space-based optical systems.  As a result, the complaint alleges that the transaction likely would result in higher prices, less favorable contract terms, and diminished innovation for large space-based optical systems and EO/IR reconnaissance satellite payloads.   

Under the terms of the proposed settlement, the parties must divest Raytheon’s military airborne radios business, including facilities in Fort Wayne, Indiana and Largo, Florida, and UTC’s military GPS business to BAE Systems, Inc. (BAE), or an alternate acquirer approved by the United States.  BAE is the U.S. subsidiary of BAE Systems plc, an international defense, aerospace, and security company that provides a wide range of products and services for air, land, and naval forces.  The proposed settlement further requires the parties to divest UTC’s optical systems business, including a facility in Danbury, Connecticut, to an acquirer to be approved by the United States.

The Antitrust Division and DoD worked closely throughout the course of the investigation.  In addition, the Antitrust Division, the European Commission, and the Canadian Competition Bureau cooperated closely throughout the course of their respective investigations.

UTC, a Delaware corporation headquartered in Farmington, Connecticut, produces a wide range of products for the aerospace and defense industries.  UTC had sales of approximately $77 billion in 2019.

Raytheon, a Delaware corporation headquartered in Waltham, Massachusetts, is one of the world’s largest defense manufacturers, with significant capabilities in radars and missiles.  Raytheon had sales of approximately $29 billion in 2019. 

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 District of Columbia may enter the final judgment upon finding it is in the public interest.

Hagatña, Guam – United States Attorney Shawn N. Anderson for the Districts of Guam and the Northern Mariana Islands today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

In coordination with the Department of Justice, Attorney General William P. Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.      

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities.   The Districts of Guam and the Northern Mariana Islands Coronavirus Fraud Coordinator is Mikel Schwab, Assistant U.S. Attorney.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

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

The U.S. Department of Justice Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 pandemic.

The expedited procedure notes, for example, that health care facilities may need to work together in providing resources and services to assist patients, consumers, and communities affected by the pandemic and its aftermath. Other businesses may need to temporarily combine production, distribution, or service networks to facilitate production and distribution of COVID-19-related supplies.

Under the expedited procedure for COVID-19 public health projects, the agencies will respond to all COVID-19-related requests, and resolve those addressing public health and safety, within seven calendar days of receiving all information necessary to vet these proposals. The statement sets out the instructions for businesses wishing to take advantage of this procedure.

The expedited COVID-19 procedure offers quicker review than existing FTC and Justice Department programs that are designed to provide guidance to businesses concerned about the legality of proposed conduct under the antitrust laws. The FTC’s “Staff Advisory Opinion” procedure and DOJ’s “Business Review Letter” procedure allow any firm, individual, or group of firms or individuals to submit a proposal to the agencies and to receive a statement advising whether the agencies would challenge the proposed activity under the antitrust laws.

“The Antitrust Division recognizes the importance of providing expeditious clarity on any antitrust obligations in this challenging time,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “Our expedited Business Review Letter procedure will help facilitate businesses that want to work quickly to address the urgent public health and economic needs associated with COVID 19.”  

“Under these extraordinary circumstances, we understand that businesses collaborating on public health initiatives may need an expedited response from U.S. antitrust authorities,” said FTC Chairman Joe Simons. “We are committed to doing everything we can to help with these efforts, while continuing to aggressively enforce the antitrust laws.”

The antitrust laws accommodate procompetitive collaborations among competitors. In their joint statement, the FTC and the Department of Justice listed several types of collaborative activities designed to improve the health and safety response to the pandemic that would likely be consistent with the antitrust laws.

At the same time, the agencies also stressed that they will not hesitate to hold accountable those who try to use the pandemic to engage in antitrust violations. In addition, the Department of Justice will criminally prosecute conduct such as price-fixing, bid-rigging, or market allocation.

The expedited procedure requires that an applicant provide the FTC or Justice Department a written description of the proposal, including the parties that would be involved in the effort or activity, and the name and contact information of a person from whom the agencies could obtain additional information. This expedited procedure is for use solely for coronavirus-related public health efforts and may be invoked at the option of the requestor, in lieu of the agencies’ standard procedures for handling requests for advice.

The agencies also committed to expedite requests under the National Cooperative Research and Production Act for flexible treatment of certain standard development organizations and joint ventures. 

The statement also notes that the FTC and the Justice Department are addressing actions by individuals and businesses to take advantage of COVID-19 through other fraudulent and illegal schemes. Anyone with information or concerns about this sort of conduct, or other COVID-19-related complaints, should contact the FTC’s Consumer Response Center at 1-877-382-4357 or the National Center for Disaster Fraud Hotline (1-866-720-5721) or e-mail (disaster@leo.gov). More information on the FTC’s guidance on potential fraud, deceptive practices, and scams is available here, and to report a complaint go to www.ftc.gov/complaint.

The Department of Justice today filed a Statement of Interest in federal court in Connecticut against the Connecticut Interscholastic Athletic Conference (CIAC) policy that requires biological males to compete against biological females — despite the real physiological differences between the sexes — if the male is a transgender individual who publicly identifies with the female gender.

“In our pluralistic society we generally try to accommodate how individuals desire to live their lives up to the point where those desires impinge on the other people’s rights,” said Attorney General William P. Barr.  “Allowing biological males to compete in all-female sports deprives women of the opportunity to participate fully and fairly in sports and is fundamentally unfair to female athletes.  Sports are an important part of education and character development and provide an arena where individual discipline can result in achievement and recognition.  The purpose of all-female athletics is to ensure that women have an equal opportunity to participate, compete and excel in this important part of life.  Title IX has been a major step forward in the long fight to achieve this equality.  As reflected in Title IX, the basis for single-sex athletics, is rooted in the reality of biological differences between the sexes.  Clearly then, eligibility to participate on a single-sex team must be based on objective biological fact.  Girls should not be forced, through the dismantling of Title IX, to be sidelined in their own sports.”

Title IX and its implementing regulations prohibit discrimination solely “on the basis of sex,” not on the basis of transgender status, and therefore neither require nor authorize CIAC’s transgender policy.  One of Title IX’s core purposes is to ensure that women have an “equal athletic opportunity” to participate in school athletic programs.  Schools realize that purpose primarily by establishing separate athletic teams for men and women and by ensuring that those teams are on equal footing.  Because of the physiological differences between men and women, the existence of women’s sports teams permits women to participate more fully in athletics than they otherwise could.

Under CIAC’s interpretation of Title IX, however, schools may not account for the real physiological differences between men and women.  Instead, schools must have certain biological males — namely, those who publicly identify as female — compete against biological females.  In doing so, CIAC deprives those women of single-sex athletic competitions and the opportunity to compete on equal athletic footing.

The Justice Department announced today that it has reached a settlement with the Richmond County (GA) Sheriff’s Office (RCSO) that resolves allegations that the RCSO violated the employment rights of Private First Class (PFC) Auben Kendall under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

“This country has long depended on the sacrifices made by its all-volunteer armed forces, and the Department of Justice is committed to ensuring that servicemembers who make the tremendous sacrifice to leave their civilian careers to serve this country can do so without suffering discrimination,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Placing military servicemembers in a leave status when they are away from their jobs because of their military service and providing them with the same benefits accorded to other employees on similar leaves is not just a good business practice, it is required by law.”

PFC Kendall began working for the RCSO as a jailer in 2016, and was promoted to a deputy sheriff position in 2017 after attending state mandated training. In approximately May 2018, PFC Kendall informed the RCSO that he had enlisted in the Army and would be departing in several months to perform military service. He expressed his desire to return to work at the RCSO after his service. After notifying the RCSO of his enlistment, the employer demanded reimbursement of the costs of Kendall’s salary that he earned while attending mandatory training. The RCSO later filed suit against Kendall in a Georgia State Court for breach of contract, seeking reimbursement for the $7,437.56 in salary that it claimed Kendall owed. Prior to settling Kendall’s USERRA claims, the RCSO dismissed its state court lawsuit.

Under the terms of the agreement, the RCSO has agreed to place PFC Kendall in military leave status retroactive to the date of his entry on active duty, to process any future request for reemployment from PFC Kendall consistent with USERRA’s requirements, and to not seek to recover any training-related funds from PFC Kendall. The RCSO also agreed that it will not seek reimbursement for any training-related expenditures from any servicemember who leaves employment with the RCSO for military service. As part of the settlement agreement, the RCSO will devise and implement a USERRA policy, distribute its USERRA policy to all of its employees, and train its supervisory and human resources staff members on its USERRA policy. 

USERRA safeguards the rights of uniformed servicemembers, including those who enlisted in uniformed service after beginning their employment, to be free from discrimination based on their service obligation. USERRA also requires that employers treat employees who are absent from their employment by reason of military service as though they are on leave and provide them with the same rights and benefits as employees who are on comparable leaves. 

The Justice Department gives high priority to the enforcement of servicemembers rights under USERRA. Attorneys assigned to the Employment Litigation Section of the Civil Rights Division represented the United States in this matter. Additional information about USERRA can be found at the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/servicemembers, as well as on the Department of Labor’s website at https://www.dol.gov/agencies/vets/programs/userra.

A federal court permanently enjoined Smart Ajayi, d/b/a Harplett Marketing LLC., Topps Tax Services and Smart Tax Services, and JoAnn Villarreal, both of Grand Prairie, Texas, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Ajayi and Villarreal consented to the relief.

The complaint against Ajayi and Villarreal, which was filed in the U.S. District Court for the Northern District of Texas, alleges that Ajayi and Villarreal repeatedly understated their customers’ tax liabilities by fabricating noncash charitable deductions and creating false Schedules C with inflated or fraudulent business losses, to generate tax refunds. For example, the government alleges that Ajayi prepared a return on which he falsely reported that a customer with adjusted gross income of $34,027 made $19,759 in noncash charitable contributions. The complaint alleges that, over the course of years 2016 through 2018, Ajayi and Villarreal each filed hundreds of returns, and that by repeatedly understating their customers’ tax liabilities, Ajayi and Villarreal have caused the United States to lose substantial tax revenue.

“Particularly during this time of year, when honest taxpayers are filing their returns, we want the public to know that the Justice Department will pursue those who would abuse our nation’s tax laws,” said Principal Deputy Assistant Attorney General for the Tax Division Richard Zuckerman. 

Return preparer fraud is one of the IRS’ 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 on 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.

Attorney General William P. Barr today announced the fourth annual Attorney General’s Award for Distinguished Service in Policing, launching the nomination period for this award.  Awardees selected from nominations received during this period will be announced at a ceremony to be held later this year. 

The Attorney General’s Award recognizes individual state, local or tribal sworn, rank-and-file police officers and deputies for exceptional efforts in community policing.  The awarded officer(s), deputy(ies) or trooper(s) will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in policing.

“Law enforcement is the toughest job in America.  The challenges our officers face on a daily basis are more complex, more difficult, and more extensive than ever before,” said Attorney General William P. Barr.  “We are grateful for every man and woman in blue for their dedication and sacrifice.  Among those who have answered the call of public service, several individuals in the past year performed in ways that surpassed even the highest expectations of the profession.  I look forward to recognizing these individuals with the fourth annual Attorney General’s Award for Distinguished Service in Policing.”

President Trump has established clear directives for the department – with three executive orders – demonstrating his strong support of the law enforcement community.  These executive orders commit the department to working in tandem with state and local law enforcement to restore the rule of law, reduce violent crime, dismantle criminal gangs and combat the growing drug epidemic.  Our support to the dedicated men and women of law enforcement is strong and today’s announcement is in furtherance of the president’s directives.  The Department of Justice is committed to supporting the law enforcement community that keeps this great nation safe and makes it even safer.  Today we honor our law enforcement officers by announcing the Attorney General’s Award for Distinguished Service in Policing.

Within each category, an award will be given to law enforcement agencies serving small, medium, and large jurisdictions:

• Small: Agencies serving populations of fewer than 50,000
• Medium: Agencies serving populations of 50,000 to 250,000
• Large: Agencies serving populations of more than 250,000

By distinguishing and rewarding these efforts, the department strives to promote and sustain its national commitment to policing and to advance proactive policing practices that are fair and effective.

With the Attorney General’s Award for Distinguished Service in Policing, the Office of the Attorney General recognizes that the nation’s more than 18,000 law enforcement agencies, individual officers, deputies, and troopers are working hard to keep our communities safe.

For more information about the Attorney General’s Award and to submit an application for nominees, please visit https://www.justice.gov/ag/policing-award.

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.

In the face of the COVID-19 (Coronavirus) pandemic, INTERPOL Washington—the U.S. National Central Bureau—continues around-the-clock operations. While we have taken a variety of social distancing measures and curtailed domestic and international travel for our employees, the full suite of INTERPOL’s information sharing systems and resources remain available.

INTERPOL Washington services are available to law enforcement only. Detailed information on requesting our assistance is available here. Private citizens or non-law enforcement entities should contact their local law enforcement agency or other appropriate state, local or federal authority for assistance.

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.

Attorney General William P. Barr is urging the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov.

This week, Attorney General Barr directed all U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus-related fraud schemes.  In a follow-up memorandum issued March 19, Deputy Attorney General Jeffrey Rosen further directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness.

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.

• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.      

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

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

The Department of Justice today announced that it has reached a settlement agreement resolving the Department’s claims that a Baltimore County, Maryland construction firm, Hallaton Inc., which installs geosynthetic liners, violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by preferring H-2B visa workers over qualified U.S. workers. This is the eighth settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers. Since the Initiative’s inception, employers have agreed to pay or have distributed a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States.

“Employers who abuse temporary visa programs deny U.S. workers job opportunities.  This settlement provides up to $80,000 in backpay to compensate those U.S. workers who were unlawfully discriminated against in favor of visa workers,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “This is the eighth settlement in this Administration’s effort to combat discrimination against U.S. workers for job opportunities and we will continue to hold violators accountable.”

The Department’s investigation determined that from at least Dec. 1, 2017, until at least June 1, 2018, Hallaton routinely discriminated against U.S. workers by failing to consider them for construction laborer positions. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. The company then sought and received permission to hire 63 H-2B visa workers for these jobs by claiming that it could not find qualified and available U.S. workers. Refusing to recruit or hire U.S. workers because of their citizenship status violates the INA.    

Under the settlement, Hallaton will pay $43,143 in civil penalties to the United States, pay up to $80,000 in back pay to affected U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires Hallaton to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements. 

The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. 

 More information on how employers can avoid citizenship status discrimination is available here. More information about protections against unlawful citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.

On March 18, a federal court ordered El Mundo Feliz, a Partnership (El Mundo), and Daniel Martinez Jr. to begin paying employment taxes to the United States on a timely basis, the Justice Department announced today.

The judgment and permanent injunction by consent, entered by Judge Fernando Rodriguez Jr. of the U.S. District Court for the Southern District of Texas, requires El Mundo and Martinez to deposit and pay all employment taxes and make all related tax return filings, and requires Martinez to provide an affidavit to the government on a monthly basis stating that they have done so. The injunction is effective immediately. The order specifies that violation of the injunction may result in civil and criminal sanctions.

According to the government’s complaint, El Mundo, operated by Martinez, provides home adult day care services, with an office located in Brownsville, Texas. The complaint alleges that, for 24 quarters spanning 2012 to 2019, Martinez and the company failed to make required employment tax deposits to the United States, a practice known as “pyramiding.” The complaint further alleges that the defendants’ misconduct has resulted in a balance due to the government of more than $600,000. The court entered judgment in favor of the United States for that amount, as well as for nearly $40,000 in delinquent unemployment taxes, penalties and interest.

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

The Department of Justice Antitrust Division announced today that it has adopted a series of temporary changes to its civil merger investigation processes, which will remain in place during the pendency of the coronavirus (COVID-19) event.  These changes will ensure that the Antitrust Division will be able to continue operations as its employees carry out their duties to protect American consumers under a mass telework directive, in accordance with health guidance from the CDC, WHO, and other health authorities.

“As the Antitrust Division takes steps to protect the health and safety of its work force and the parties that appear before it, these process changes will ensure that the Division can continue to review transactions efficiently and effectively,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The Division remains open for business, and we will continue to carry out our mission to protect competition and the American consumer.  We are in this together and intend to work cooperatively with the business community on pending mergers, consistent with our responsibilities under the antitrust laws and to protect the health and safety our employees and the public.”

The civil process changes include the following:

• For mergers currently pending or that may be proposed, the Antitrust Division is requesting from merging parties an additional 30 days to timing agreements to complete its review of transactions after the parties have complied with document requests.  If circumstances require, the Division may revisit its timing agreements with merging parties in light of further developments.
• The Antitrust Division will allow electronic filing of Hart-Scott-Rodino submissions.
• The Antitrust Division will conduct all meetings by phone or video conference (where possible), absent extenuating circumstances.
• All scheduled depositions temporarily will be postponed and will be rescheduled using secure videoconferencing capabilities.

For questions regarding these process changes, please contact Amy Fitzpatrick at 202-476-0529, or Amy.Fitzpatrick@usdoj.gov.

On March 17, 2020, a federal court in Tampa, Florida, found that Jasen Harvey and Harveys Tax Service violated preliminary and permanent injunctions that barred them from preparing, filing, or assisting in the preparation or filing of federal tax returns for others.

For that violation, the court held Jasen Harvey and Harveys Tax Service in contempt and ordered them to pay $19,550 to the United States, representing the fees Jasen Harvey and Harvey’s Tax Service received for 92 tax returns they prepared or filed in violation of the court’s injunctions.  In addition, the court ordered those defendants to reimburse the government for $631.04 in travel costs the United States incurred to attend the contempt hearing held on March 13, 2020.

The United States filed a complaint against Catharine Harvey, Jasen Harvey, and Harveys Tax Service on Jan. 9, 2020.  According to the complaint, the defendants prepared returns for customers seeking millions of dollars in refunds of tax purportedly withheld on fictitious income reported on fabricated Forms 1099-MISC and on bank deposits reported on fabricated Forms 1099-A.  On Feb. 18, 2020, the court issued a preliminary injunction that barred the defendants from preparing returns for customers, finding that the United States offered sufficient evidence to show that defendants had a history of filing fraudulent refund claims, and were likely to continue to file fraudulent returns absent a court order to stop.  The court issued a permanent ban on Feb. 24, 2020, finding the defendants “unfit” to prepare tax returns.  

The court found that the United States demonstrated by clear and convincing evidence that the defendants willfully violated these court orders, which unambiguously barred the defendants from preparing returns for others.  In addition to the monetary sanctions, the court ordered that it will sentence Mr. Harvey for his willful contempt at a hearing on July 9, 2020.

“This contempt action is further evidence that the IRS and the Tax Division will use all available tools to hold dishonest return preparers accountable and protect the U.S. Treasury from damage,” said Principal Deputy Assistant Attorney General Richard Zuckerman.

Return preparer fraud is one of the IRS’ 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 on 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 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 man who did not file tax returns for several years in a row pleaded guilty Friday, March 13, 2020, to evading his income taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to court documents and statements made in court, from 2009 through 2016, Daryl Brown received taxable income, but did not file tax returns reporting his income or pay the taxes he owed.  To evade his taxes, Brown opened bank accounts and lines of credit in nominee names and used credit and debit cards from those accounts to pay for personal expenses.  He also bought money orders with cash, directed others to buy money orders for him, and structured his purchase of money orders–sometimes from several locations on the same day–to avoid triggering reporting requirements that would have flagged his activity to the Internal Revenue Service (IRS).  Brown’s conduct caused a tax loss of more than $250,000 to the IRS.

U.S. District Judge Timothy Black scheduled sentencing for Aug. 5, 2020.  At sentencing, Brown faces a maximum sentence of five years in prison.  He also faces a period of supervised release and monetary penalties. As part of his plea agreement, Brown will pay restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah Ranney and William Guappone of the Tax Division, who are prosecuting the case.

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

A federal court in Tampa, Florida has permanently barred Steven Doletzky, formerly doing business as Liberty Tax Service, from operating a tax return preparation business and preparing federal tax returns for others, the Justice Department announced today. 

The court also ordered Doletzky to disgorge $175,000 of ill-gotten gains that the United States alleges he received from filing federal tax returns that claimed improper tax refunds, understated customers’ federal tax liabilities, or otherwise included false or fraudulent claims. 

Doletzky was sued along with two co-defendants, Michael Garno and Michael Bass. According to the complaint, employees at stores owned by Doletzky, Garno, and Bass prepared federal income tax returns that claimed fraudulent claims for tax credits, including for education credits and the Earned Income Tax Credit (“EITC”). For example, the complaint alleges that from 2013 to 2015, Liberty Tax Service stores owned by Doletzky or his co-defendants prepared and filed federal income tax returns that claimed over 500 false claims for education credits. The court previously entered orders of permanent injunction and disgorgement against Garno and Bass. Doletzky, Garno, and Bass agreed to entry of the permanent injunctions and disgorgement judgments without admitting to factual allegations in the complaint.

“Fraudulent tax return preparers too often seek to take advantage of their customers and the U.S. Treasury, which undermines our tax system,” said Principal Deputy Assistant Attorney General for the Tax Division Richard Zuckerman. “The Justice Department will pursue those who would abuse our nation’s tax laws.”

Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on their website about things taxpayers should remember when searching for a tax preparer and has 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’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on 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.

Federal officials announced a civil settlement with Plains All American Pipeline L.P. and Plains Pipeline L.P. (Plains) arising out of Plains’ violations of the federal pipeline safety laws and liability for the May 19, 2015, discharge of approximately 2,934 barrels of crude oil from Plains’ Line 901 immediately north of Refugio State Beach, located near Santa Barbara, California. 

The discharge was caused by Plains’ failure to address external corrosion and have adequate control-room procedures in place, and was further exacerbated by Plains’ failure to respond properly to the release.  The crude oil discharge resulted in the oiling of Refugio State Beach, the Pacific Ocean, and other shorelines and beaches, resulted in beach and fishing closures and adversely impacted natural resources such as birds, fish, marine mammals and shoreline and subtidal habitat.  The United States worked closely with co-plaintiff the state of California, and both the United States and California are signatories to the complaint and the consent decree.

The complaint seeks injunctive relief, penalties, natural resource damages and assessment costs, and response costs for the United States, on behalf of the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration; the U.S. Environmental Protection Agency; the U.S. Department of the Interior; the Department of Commerce, National Oceanic and Atmospheric Administration and the U.S. Coast Guard.  The United States’ claims are under the federal pipeline safety laws, the Clean Water Act, and the Oil Pollution Act of 1990.

The settlement requires Plains to implement injunctive relief to improve Plains’ nationwide pipeline system and bring it into compliance with the federal pipeline safety laws, in addition to addressing unique threats and modifying operations that caused the Line 901 oil spill; pay $24 million in penalties; pay $22.325 million in natural resource damages, and $10 million for reimbursed natural resource damage assessment costs; and pay $4.26 million for reimbursed Coast Guard clean-up costs.  Excluding the value of the required injunctive relief changes to Plains’ national operations, the settlement in conjunction with reimbursed costs is valued in excess of $60 million.

“Today’s settlement shows federal and local governments working in partnership to hold industry fairly accountable,” said Deputy Assistant Attorney General Bruce Gelber for the Justice Department’s Environment and Natural Resources Division.  “The agreement will also promote public health and safety, and protect the environment for local communities.”

“This case is a classic example of why the Clean Water Act authorizes penalties for harmful oil discharges,” said EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance Susan Bodine.  “With this settlement, EPA, along with its federal and state partners, is holding Plains accountable for the damage they caused to natural resources.”    

“We are pleased to join this agreement with industry and our co-trustees to help restore vital habitats, wildlife and recreational areas injured by this oil spill,” said Nicole LeBoeuf, acting director of NOAA's National Ocean Service.  “Local communities and economies depend on these ecosystems, and we look forward to working with the public on projects to restore them to health.”

The section of the California coast affected by the Plains 901 Line oil spill Refugio has one of the most diverse and abundant assemblages of marine organisms in the world.  A rich array of marine and coastal habitats including the open ocean, rocky shores, sandy beaches and kelp forests, support a diverse array and large numbers of marine fish, marine mammals and seabirds.  

The settlement is subject to a 30-day public comment period that begins with the posting of a notice in the Federal Register.  The consent decree will be available for viewing at www.justice.gov/enrd/Consent_Decrees.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.

The Justice Department announced today that it has filed a lawsuit alleging that a Philadelphia condo association has violated the Fair Housing Act by discriminating against persons with disabilities who need assistance animals, including emotional support and service animals.

The lawsuit arose from a complaint filed by a condo owner with the U.S. Department of Housing and Urban Development (HUD). The suit, filed in the U.S. District Court for the Eastern District of Pennsylvania, alleges that the Dorchester Owners Association (DOA) discriminated against persons with disabilities needing service animals and emotional support animals at The Dorchester on Rittenhouse Square by denying their requests for reasonable accommodations to its “no pets” policy. The complaint further alleges that the DOA, located at 226 West Rittenhouse Square, Philadelphia, PA, 19103, has engaged in a pattern or practice of discrimination since 2009 by maintaining policies that, among other things, exclude all assistance animals—including service animals—from the Dorchester’s common areas, impose a blanket ban on visitors’ assistance animals that have not been first qualified by the DOA from coming onto the Dorchester property, and require that residents granted reasonable accommodations for assistance animals obtain a $1 million insurance policy naming the DOA as an additional insured.

“People with disabilities who need assistance animals to live their lives should not have to surmount unreasonable hurdles to keep those animals in their homes,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Discriminating against people with disabilities is unacceptable and illegal, and the Justice Department will continue vigorously to enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for its victims.”

Today’s lawsuit seeks monetary damages to compensate victims, civil penalties, and a court order barring future discrimination. The complaint contains allegations of unlawful conduct, which must be proven in federal court.

Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777, or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.

Attorney General William P. Barr issued the following statement:

"I have reviewed the House FISA bill and support its passage.  The bill contains an array of new requirements and compliance provisions that will protect against abuse and misuse in the future while ensuring that this critical tool is available when appropriate to protect the safety of the American people.

I am pleased that the bill contains a number of provisions Director Wray and I put forward to address past failures, including compliance failures that the Inspector General has identified for us in his recent audit work.  The IG’s analysis and recommendations have helped shape our proposals.  The Director and I will promulgate additional, implementing rules that advance these reforms.

It is of the utmost important that the Department’s attorneys and investigators always work in a manner consistent with the highest professional standards, and this overall package will help ensure the integrity of the FISA process and protect against future abuses going forward.  This legislation deserves broad bi-partisan support."

Assistant Attorney General for Legislative Affairs Stephen E. Boyd issued the following statement:

“The Department is pleased that the House approved the Freedom Act reauthorization bill today with a strong bipartisan vote. The legislation extends three important national security tools and includes strong reforms to FISA that the Department believes will protect Americans. We are pleased that the House adopted a number of provisions that the Attorney General proposed to establish new compliance requirements within the Department and FBI, including safeguards targeted to address issues raised by the Inspector General. We urge the Senate to move forward to approve the House bill prior to the March 15 deadline.”

Assistant Attorney General Stephen E. Boyd issued the following statement:

 “Female genital mutilation (FGM) is a form of gender-based violence and child abuse that harms victims not only when they are girls, suffering the immediate trauma of the act, but also throughout their lives as women, when it often results in a range of physical and psychological harms.  The Centers for Disease Control and Prevention (CDC) estimates that half a million women and girls in the United States have already suffered FGM or are at risk for being subjected to FGM in the future.

“The Department of Justice condemns this practice and urges Congress to act on legislation that will clarify the Department’s ability to prosecute such offenses. 

“In April 2019, the Solicitor General of the United States sent a letter to Congressional leadership urging Congress to amend Section 116(a) of Title 18 of the United States Code to clarify the constitutional basis for criminalization of FGM to ensure that such violations can be prosecuted in federal courts.  We commend the House Judiciary Committee for its work on legislation which will ensure that federal FGM prosecutions may be brought.”

A federal court permanently enjoined Mary E. Shade, d/b/a MS Tax, of Piqua, Ohio, from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. Mary E. Shade consented to the relief.

The complaint against Shade, which was filed in the U.S. District Court for the Southern District of Ohio, alleges that Shade routinely understates her customers’ tax liabilities by fabricating itemized deductions, creating false Schedules C with inflated or fraudulent business losses, and reporting false credits in order to offset their income to generate tax refunds. For example, the government alleges that Shade prepared a return on which she falsely reported that a customer made gifts to charity in the amount of $14,964. The complaint alleges that, over the course of the years 2012 through 2019, Shade filed over 5,500 tax returns, and that by repeatedly understating her customers’ tax liabilities, Shade has caused the United States to lose substantial tax revenue.

“Fraudulent tax return preparers abuse our nation’s tax laws and take advantage of those customers who pay them to file a correct tax return,” said Richard Zuckerman, Principal Deputy Assistant Attorney General for the Tax Division.  “We are committed to working with our IRS partners to root out these perpetrators.”

Return preparer fraud is one of the IRS’ 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 on 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 Justice Department and the Drug Enforcement Administration (DEA) today announced the results of Project Python, a DEA-led interagency operation encompassing all global investigations and related disruption activities targeting the Cártel de Jalisco Nueva Generación (CJNG).

This announcement marks the successful conclusion of six months of investigative and enforcement activity targeting CJNG, culminating in large scale arrests throughout the country within the past week.  Project Python has resulted more than 600 arrests, 350 indictments, as well as significant seizures of money and drugs.

“Project Python marks the most comprehensive action to date in the Department of Justice’s campaign to disrupt, dismantle, and ultimately destroy CJNG,” said Assistant Attorney General Brian A. Benczkowski of the Criminal Division.  “When President Trump signed an Executive Order prioritizing the dismantlement of transnational criminal organizations, the Department of Justice answered the call and took direct aim at CJNG.  We deemed CJNG one of the highest-priority transnational organized crime threats we face.  And with Project Python, we are delivering results in the face of that threat for the American people.” 

“Project Python is the single largest strike by U.S. authorities against CJNG, and this is just the beginning,” said DEA Acting Administrator Uttam Dhillon. “This strategic and coordinated project exemplifies DEA’s mission: to disrupt, dismantle, and destroy drug trafficking organizations around the world and bring their leaders to justice.  Today, DEA has disrupted CJNG’s operations, and there is more to come as DEA continues its relentless attack on this remorseless criminal organization.”

The Justice Department and its law enforcement partners are committed to fulfilling the President’s Executive Order 13773 to identify, interdict, disrupt and dismantle transnational criminal organizations.  The department designated CNJG as one of the top transnational criminal groups targeted as part of carrying out this executive order, and DEA instituted Project Python to support this ongoing effort. 

CJNG is one of the fastest growing transnational criminal organizations in Mexico, and among the most prolific methamphetamine producers in the world.  It is responsible for a significant proportion of drugs entering the United States, and elevated levels of violence in Mexico.  With methamphetamine abuse and overdose deaths on the rise, Project Python aims to disrupt CJNG’s ability to distribute methamphetamine and other drugs throughout the United States by attacking the group at all levels. 

Federal law enforcement has taken a number of steps to degrade CJNG’s ability to operate in the United States.  Today, the Justice Department and DEA announced a superseding indictment on charges of alleged continuing criminal enterprise against Nemesio Ruben Oseguera Cervantes, also known as “El Mencho,” the undisputed leader of CJNG.  Last month, El Mencho’s son, Ruben Oseguera Gonzalez, also known as “Menchito,” and second in command of CJNG, was extradited from Mexico to the United States on charges of alleged drug trafficking and firearm use in relation to drug trafficking activities.  On Feb. 26, 2020, El Mencho’s daughter, Jessica Johanna Oseguera Gonzalez, was arrested in the United States on financial charges related to her alleged criminal violation of the Foreign Narcotics Kingpin Designation Act.

Additionally, DEA has worked with its interagency partners to apply further pressure to CJNG.  The U.S. Department of Treasury has designated El Mencho as a “specially designated narcotics trafficker” pursuant to the Foreign Narcotics Kingpin Designation Act, and the U.S. Department of State has issued one of the largest narcotics rewards ever – $10 million – for information leading to the arrest of El Mencho.   

The efforts highlighted in the more than 600 arrests nationwide are illustrative of the significant reach the CJNG has in manufacturing, importing and distributing a wide array of illegal narcotics within the United States and the negative impact on the fabric of our local communities.  The proceeds from the local distribution of these narcotics are repatriated back to Mexico and further fuel transnational organized criminal organizations such as the CJNG.  The Department of Justice and its law enforcement partners will continue to vigorously fight this scourge against the United States. 

The Department of Justice’s multi-agency Special Operations Division, federal prosecutors from the Narcotic and Dangerous Drug Section of the Department’s Criminal Division, the Criminal Division’s Office of International Affairs and Office of Enforcement Operations provided invaluable support to this operation.

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.