District Not Recorded

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.   

The 2020 National Comprehensive Opioid, Stimulant, and Substance Abuse Program (COSSAP) Forum takes place today through Thursday at the Hyatt Regency Crystal City in Arlington, Virginia.

About 1,100 participants, ranging from criminal justice and behavioral health professionals to law enforcement officers, are attending to learn and to share promising and evidence-based strategies, case studies and projects that are turning the tide of America’s addiction epidemic.

“This crisis has claimed too many lives, torn apart too many families and stolen too many futures,” said Principal Deputy Assistant Attorney General Katharine T. Sullivan, Office of Justice Programs. “But thanks to dedicated professionals across the country, we are beginning to see progress in this fight. Overdose deaths are down for the first time in 28 years, which is truly a cause for optimism. The work we are all doing together is making a difference.” 

“While the drop in deaths due to overdose is very encouraging, our nation still has a way to go in battling addiction,” said Acting BJA Director Michael Costigan. “I believe the COSSAP Forum will help through the sharing of evidence-based best practices.”

COSSAP, formerly known as the Comprehensive Opioid Abuse Program, is funded by the Department of Justice’s Bureau of Justice Assistance (BJA). Its purpose is to provide financial support to states, units of local government and tribal governments to develop and implement comprehensive efforts to support those impacted by the addiction epidemic. As the overall number of overdose fatalities declined last year, the Trump Administration and Congress are working together to address a surge in deaths related to drugs such as cocaine, methamphetamines and synthetic opioids like fentanyl.

In the last two fiscal years, BJA has awarded approximately $330 million through over 300 grants across almost all states and territories, and many tribes. This program is designed to allow each community to address its unique needs and respond to local or regional emerging threats. These historic investments are enabling law enforcement officers and treatment providers to jointly respond to overdose incidents. They are also helping to expand diversion programs, develop treatment and recovery strategies, and introduce technology-assisted treatment options.

To learn more, visit www.COAPResources.org.

The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.

The 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 owner of a Detroit-area physical therapy clinic was sentenced to 11 years in prison today for his role in a drug diversion scheme.  

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Timothy J. Plancon of the U.S. Drug Enforcement Administration (DEA)’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.

Malik Fuqua, 49, of Southfield, Michigan, was sentenced by U.S. District Judge David Lawson of the Eastern District of Michigan, who also ordered Fuqua to forfeit $716,824.23.  In November 2019, Fuqua pleaded guilty to one count of conspiracy to distribute controlled substances.

As part of his guilty plea, Fuqua admitted that, as the owner and operator of  a physical therapy clinic, he conspired with Shirley Douglas, 70, of West Bloomfield, Michigan, and other co-conspirators to distribute medically unnecessary controlled substances, including oxycodone, oxymorphone, alprazolam, hydrocodone and promethazine hydrochloride, through the selling of appointments with physicians at their clinics.

The total drug amount attributable to Fuqua is in excess of 500,000 controlled substance pills.

This case was investigated by the DEA and HHS-OIG.  Trial Attorneys Malisa Dubal and Patrick Suter of the Criminal Division’s Fraud Section are prosecuting the case. 

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

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

Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced.  The defendants are cooperating with the Justice Department’s ongoing investigation.

According to plea agreements filed in U.S. District Court in Chicago, Illinois, from at least as early as 2009 until at least June 22, 2017, the defendants engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by agreeing with other individuals and companies to submit “comp,” or complementary, bids so that the designated company would win the bidding.  Smith’s plea today is the fifth plea in the investigation.  Patrey entered a guilty plea on Feb. 27, 2020.

“The recent guilty pleas are the latest in the government’s investigation, and they won’t be the last,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “This scheme among commercial flooring contractors in the Chicago area victimized American taxpayers by targeting public institutions, including vulnerable public schools operating in a resource-constrained environment.  The Antitrust Division and its law enforcement partners are committed to protecting taxpayer dollars and bringing to justice executives involved in these harmful bid-rigging cartels.”

“These defendants illegally manipulated the bidding process, victimizing American taxpayers and vulnerable institutions in the process,” said Special Agent in Charge Emmerson Buie, Jr. of the Federal Bureau of Investigation’s Chicago Field Office.  “The FBI and its partners will continue to protect our communities by holding companies and their executives responsible for bid-rigging schemes.”

Individual violations of the Sherman Act carry maximum penalties of 10 years in prison and a $1 million criminal fine.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

The guilty pleas are the result of an ongoing federal antitrust investigation into bid rigging, price fixing, and other anticompetitive conduct in the commercial flooring industry, conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Office.  Last week, in a case arising out of this investigation, Carter Brett, an account executive for a large flooring manufacturer, pleaded guilty to two counts related to a bid-rotation conspiracy and a money-laundering conspiracy.

Anyone with information on bid rigging, price fixing, or other anticompetitive conduct related to the commercial flooring industry should contact the Antitrust Division’s Chicago Office at 312-984-7200, contact the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

A federal jury in Detroit, Michigan, found a Colombian man guilty of all charges in a nine-count indictment charging him with Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy and other violent crimes, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Steven M. D’Antuono of the FBI’s Detroit Field Office.

Juan Olaya, 39, of Buenaventura, Colombia, was a leader of an armed robbery crew that traveled the United States committing armed home invasions.  Evidence at trial established that the defendant and his crew exclusively targeted families of Indian and Asian descent for their crimes.

Following a two-week trial, Olaya was convicted of one count of RICO conspiracy, four counts of assault with a dangerous weapon in aid of racketeering and four counts of use of a firearm during and in relation to a crime of violence.  Sentencing is scheduled for July 23, 2020, before U.S. District Court Judge Laurie J. Michelson of the Eastern District of Michigan, who presided over the trial.

According to evidence presented at trial, Olaya and his robbery crew committed a string of home invasions in Georgia, New York, Michigan and Texas in 2014.  The organizer of the crew, Chaka Castro, ran the enterprise from 2011 through 2014.  Castro generated lists of robbery targets in various states around the county, specifically families of Asian and Indian ancestry, and assigned crews to carry out the armed robberies of these families within their homes.  Olaya was the road boss of one such crew, who recruited other members and assigned roles to those members.  Olaya and crew members traveled to certain locations, conducted surveillance and executed the robberies. 

The crew utilized a particular modus operandi in each of the robberies.  Members disguised their appearance with clothing and bandanas so that victims would have difficulty identifying them.  They openly carried and brandished firearms to gain control of the victims and then immediately corralled the victims, including children, into one location in the home.  At least one crew member then restrained the victims using duct tape and threats of violence, as another ransacked the home in search of cash, jewelry and electronics to steal.  The crew organized their trips to involve multiple home invasion robberies over a series of days.

The FBI’s Ann Arbor Office investigated the case with the assistance of federal agencies including U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations, U.S. Secret Service and local law enforcement agencies in Michigan, including Washtenaw County Sherriff’s Office, Ann Arbor Police Department and Canton Police Department; local law enforcement agencies in Ohio, including Beachwood Police Department; local law enforcement agencies in Georgia, including the Cobb County District Attorney’s Office, Cobb County Police Department, Gwinnett County Police Department, Duluth Police Department and Milton Police Department; local law enforcement agencies in New York, including Nassau County Police Department; the Tennessee Highway Patrol and local law enforcement agencies in Texas including Allen Police Department, Coppell Police Department, Flower Mound Police Department, Carrollton Police Department, Lewisville Police Department and Southlake Police Department.

Trial Attorneys Conor Mulroe and Beth Lipman of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.

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

The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation.  As a result, Novelis must divest Aleris’s entire aluminum auto body sheet operations in North America, which will fully preserve competition in this important industry.  In addition, under the terms of the arbitration agreement between defendants and the Department, Novelis must reimburse the Department for its fees and costs incurred in connection with the arbitration.

“Today’s decision is a victory for automakers and American consumers and taxpayers and will preserve competition in the market for aluminum auto body sheet,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “This first-of-its-kind arbitration proved to be an effective procedure for the streamlined adjudication of a dispositive issue in a merger challenge.  As demonstrated in this case, arbitration has the potential to be a powerful dispute resolution tool in the right circumstances and I look forward to applying the learning from this case to future matters.  I am very proud of the Division’s talented and dedicated team of lawyers, paralegals, and economists who pioneered this ground-breaking arbitration, representing the Division exceedingly well throughout these proceedings.”

On Sept. 4, 2019, the Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Ohio seeking to block Novelis Inc.’s proposed acquisition of Aleris Corporation.  Prior to filing the complaint, the Justice Department’s Antitrust Division reached an agreement with defendants to refer the matter to binding arbitration if the parties were unable to resolve the United States’ competitive concerns with the defendants’ transaction within a certain period of time.  Fact discovery proceeded under the supervision of the district court.  Pursuant to the arbitration agreement, following the close of fact discovery, the matter was referred to binding arbitration to resolve the issue of product market definition.  A ten-day arbitration hearing concluded last week, marking the first time the Antitrust Division has used its authority under the Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571 et seq.) to resolve a matter.

Today, the arbitrator ruled for the United States, holding that aluminum auto body sheet constitutes a relevant product market, as the United States had alleged.  Because the Department prevailed, the United States will file a proposed final judgment with the U.S. District Court for the Northern District of Ohio that requires Novelis to divest Aleris’s entire aluminum ABS operations in North America to preserve competition in the relevant market.  This arbitration procedure provided certainty and allowed the defendants to close their transaction subject to foreign regulatory review.

The Department thanks Kevin Arquit, a highly-respected and experienced antitrust lawyer and former Director of the Federal Trade Commission’s Bureau of Competition, for serving as the arbitrator in this matter.  The Department also thanks defendants’ legal team from Latham & Watkins, LLP and Fried Frank, and in particular, Dan Wall and the litigating team from Latham & Watkins, for their highly-skilled advocacy and professionalism.

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

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

The Department of Justice today announced its intention to hold accountable anyone who violates the antitrust laws of the United States in connection with the manufacturing, distribution, or sale of public health products such as face masks, respirators, and diagnostics.  The department’s announcement is part of a broader administration effort to ensure that federal, state, and local health authorities, the private healthcare sector, and the public at large are in the strongest possible position to respond to the outbreak of the respiratory disease named coronavirus disease 2019 (COVID-19).

“The Department of Justice stands ready to make sure that bad actors do not take advantage of emergency response efforts, healthcare providers, or the American people during this crucial time,” said Attorney General William P. Barr.  “I am committed to ensuring that the department’s resources are available to combat any wrongdoing and protect the public.”

Individuals or companies that fix prices or rig bids for personal health protection equipment such as sterile gloves and face masks could face criminal prosecution.  Competitors who agree to allocate among themselves consumers of public health products could also be prosecuted.  The department’s recently announced Procurement Collusion Strike Force will also be on high alert for collusive practices in the sale of such products to federal, state, and local agencies.

Anyone with information on price fixing, bid-rigging, market allocation schemes, or other anticompetitive conduct should call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

The Department of Justice this week concluded an arbitration that will resolve a civil antitrust lawsuit challenging Novelis Inc.’s proposed acquisition of Aleris Corporation. 

The lawsuit seeks to preserve competition in the North American market for rolled aluminum sheet for automotive applications, commonly referred to as aluminum auto body sheet.  This marks the first time the Antitrust Division has used its authority under the Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571 et seq.) to resolve a matter.

“This first-of-its-kind arbitration has allowed us to resolve the dispositive issue in this case efficiently, saving taxpayer and private resources, while providing critical time-certainty,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “The Antitrust Division looks forward to the arbitrator’s opinion, and will study this matter both to assess the circumstances in which arbitration may be appropriate and to identify possibilities for further streamlining the process.  We will continue to examine ways to enforce our competition laws in a manner that maximizes the Division’s scarce enforcement resources to protect American consumers.”

On Sept. 4, 2019, the Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Ohio seeking to block Novelis Inc.’s proposed acquisition of Aleris Corporation.  Prior to filing the complaint, the Antitrust Division reached an agreement with defendants to refer the matter to binding arbitration if the parties were unable to resolve the United States’ competitive concerns with the defendants’ transaction within a certain period of time. 

As described in Plaintiff United States’ Explanation of Plan to Refer this Matter to Arbitration, filed on the district court’s docket, fact discovery proceeded under the supervision of the district court.  Following the close of fact discovery, the matter was referred to binding arbitration to resolve a single issue: whether aluminum auto body sheet constitutes a relevant product market under the antitrust laws. 

The arbitration procedure allowed for a flexible and efficient proceeding presided over by an arbitrator with extensive expertise in antitrust law and economics.  Former Federal Trade Commission Director of the Bureau of Competition and experienced antitrust lawyer, Kevin Arquit, was selected as the arbitrator.  The hearing was held over ten days (including some partial days) in the Antitrust Division’s Anne K. Bingaman Auditorium and Lecture Hall in the Liberty Square Building in Washington, D.C.  Eleven fact witnesses and three expert witnesses testified in the proceedings.  The parties agreed to dispense with certain evidentiary requirements to allow for a more flexible and efficient hearing.  The parties also dispensed with the need for post-trial briefing and agreed that the arbitrator will render a short decision of no more than five pages by March 13.

If the United States prevails, the United States will then file a proposed final judgment that requires Novelis to divest certain agreed-upon assets to preserve competition in the relevant market.   If the defendants prevail, the United States will seek to voluntarily dismiss the complaint.  Novelis has held separate the agreed-upon divestiture assets pursuant to a hold separate stipulation and order entered by the district court, and defendants are permitted to close the transaction pursuant to this order. 

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

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

The Department of Justice today issued a final rule to implement the Attorney General’s authority provided by the bipartisan DNA Fingerprint Act of 2005 to authorize the Department of Homeland Security (DHS) to collect DNA samples from certain non-United States persons it detains.  Once implemented, this rule will facilitate federal, state, and local investigative and crime reduction efforts.

“Today’s rule assists federal agencies in implementing longstanding aspects of our immigration laws as passed by bipartisan majorities of Congress,” said Deputy Attorney General Jeffrey A. Rosen.  “Its implementation will help to enforce federal law with the use of science.”

As a result of this rule change, the Department of Justice will ensure that all federal agencies are in full compliance with the bipartisan DNA Fingerprint Act, which was a component of a larger legislative package that passed the House of Representatives by an overwhelming vote of 415 to four, and the Senate by unanimous consent.  The DNA Fingerprint Act provided the Attorney General with the exclusive authority to draft regulations to authorize and direct any federal agency to “collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States.” 24 U.S.C. § 40702(a)(1)(A).

Since Congress’ passage of the bipartisan DNA Fingerprint Act, the Federal Bureau of Investigation (FBI) built a high-throughput DNA sample processing infrastructure through its Combined DNA Index System (CODIS).  The CODIS database is a vital tool for federal, state, and local law enforcement investigations.  All fifty states, the District of Columbia, Puerto Rico, and federal law enforcement agencies participate in the national sharing of DNA profiles through CODIS.  The FBI also has consistently reduced the operational burden for individual federal agencies to collect DNA through technological enhancements.

In advance of this rule change, the Department of Justice and DHS have been working collaboratively to conduct a pilot program for the collection of DNA from non-U.S. persons detained by DHS.  As with all other DNA samples that federal agencies collect under the authority of the bipartisan DNA Fingerprint Act, the DNA samples that DHS collects from its non-United States person detainees will be entered into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).  The FBI’s laboratory has the capacity to handle the increased input from DHS, and its capabilities can be scaled up to meet additional capacity.  The FBI will provide DHS with the DNA collection kits, analyze the samples, and ensure that law enforcement agencies use the results in accordance with the FBI’s stringent CODIS privacy requirements.

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.

Terrell Moses, 36, of Toledo, Ohio was indicted on one count of felon in possession of a firearm and one count of possession of a firearm by a person with a prior misdemeanor of domestic violence conviction.

On January 20, 2020, Moses allegedly possessed a Glock, Model 17, nine caliber semi-automatic pistol after previously being convicted of burglary in the Lucas County Common Pleas Court and misdemeanor domestic violence in the Toledo Municipal Court.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms.  The case is being prosecuted by Assistant United States Attorneys Deyana Unis and Matthew Simko.

A U.S. Immigration Judge in Memphis, Tennessee, has issued a removal order against a German citizen and Tennessee resident, on the basis of his service in Nazi Germany in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system (Neuengamme).

After a two-day trial, a U.S. Immigration Judge issued an opinion finding Friedrich Karl Berger removable under the 1978 Holtzman Amendment to the Immigration and Nationality Act because his “willing service as an armed guard of prisoners at a concentration camp where persecution took place” constituted assistance in Nazi-sponsored persecution.  The court found that Berger served at a Neuengamme sub-camp near Meppen, Germany, and that the prisoners there included “Jews, Poles, Russians, Danes, Dutch, Latvians, French, Italians, and political opponents” of the Nazis.  The largest groups of prisoners were Russian, Dutch and Polish civilians.

The court found that Meppen prisoners were held during the winter of 1945 in “atrocious” conditions and were exploited for outdoor forced labor, working, as at other Nazi camps, “to the point of exhaustion and death.”  The court further found, and Berger admitted, that he guarded prisoners to prevent them from escaping during their dawn-to-dusk workday, and on their way to the worksites and also on their way back to the subcamp in the evening. 

At the end of March 1945, with the advance of British and Canadian forces, the Nazis abandoned Meppen.  The court found that Berger helped guard the prisoners during their forcible evacuation to the Neuengamme main camp – a nearly two-week trip under inhumane conditions, which claimed the lives of some 70 prisoners.  The decision also cited Berger’s admission that he never requested a transfer from concentration camp guard service and that he continues to receive a pension from Germany based on his employment in Germany, “including his wartime service.”

“Berger was part of the SS machinery of oppression that kept concentration camp prisoners in atrocious conditions of confinement,” said Assistant Attorney General Brian A. Benczkowski of the Department of Justice’s Criminal Division.  “This ruling shows the Department's continued commitment to obtaining a measure of justice, however late, for the victims of wartime Nazi persecution.”

“This case is but one example of U.S. Immigration and Customs Enforcement’s commitment to ensuring that the United States will not serve as a safe haven for human rights violators and war criminals,” said Assistant Director David C. Shaw of U.S Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), National Security Investigations Division, who oversees the Human Rights Violators and War Crimes Center.  “We will continue to pursue these types of cases so that justice may be served.”

In 1946, British occupation authorities in Germany charged SS Obersturmführer Hans Griem, who had headed the Meppen sub-camps, and other Meppen personnel with war crimes for “ill-treatment and murder of Allied nationals.”  Although Griem escaped before trial, the British court tried and convicted the three remaining defendants of war crimes in 1947.

The removal case was jointly tried by Eli Rosenbaum, HRSP Director of Human Rights Enforcement and Policy, HRSP Senior Trial Attorney Susan Masling and ICE New Orleans, Office of the Principal Legal Advisor (Memphis),  with assistance from HRSP Chief Historian Jeffrey S. Richter. The investigation was initiated by the HRSP and was conducted in partnership with HSI’s Nashville SAC office.

Since the 1979 inception of the Justice Department’s program to detect, investigate, and remove Nazi persecutors, it has won cases against 109 individuals.  Over the past 30 years, the Justice Department has won more cases against persons who participated in Nazi persecution than have the law enforcement authorities of all the other countries in the world combined. HRSP’s case against Berger was part of its ongoing efforts to identify, investigate and prosecute individuals who engaged in genocide, torture, war crimes, recruitment or use of child soldiers, female genital mutilation, and other serious human rights violations.  HRSP attorneys prosecuted the first torture case brought in the United States and have successfully prosecuted criminal cases against perpetrators of human rights violations in Guatemala, Ethiopia, Liberia, Cuba, and the former Yugoslavia, among others.

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

WASHINGTON – A U.S. Immigration Judge in Memphis, Tennessee, has issued a removal order against a German citizen and Tennessee resident, on the basis of his service in Nazi Germany in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system (Neuengamme).

After a two-day trial, a U.S. Immigration Judge issued an opinion finding Friedrich Karl Berger removable under the 1978 Holtzman Amendment to the Immigration and Nationality Act because his “willing service as an armed guard of prisoners at a concentration camp where persecution took place” constituted assistance in Nazi-sponsored persecution. The court found that Berger served at a Neuengamme sub-camp near Meppen, Germany, and that the prisoners there included “Jews, Poles, Russians, Danes, Dutch, Latvians, French, Italians, and political opponents” of the Nazis. The largest groups of prisoners were Russian, Dutch and Polish civilians.

The court found that Meppen prisoners were held during the winter of 1945 in “atrocious” conditions and were exploited for outdoor forced labor, working, as at other Nazi camps, “to the point of exhaustion and death.” The court further found, and Berger admitted, that he guarded prisoners to prevent them from escaping during their dawn-to-dusk workday, and on their way to the worksites and also on their way back to the subcamp in the evening.

At the end of March 1945, with the advance of British and Canadian forces, the Nazis abandoned Meppen. The court found that Berger helped guard the prisoners during their forcible evacuation to the Neuengamme main camp – a nearly two-week trip under inhumane conditions, which claimed the lives of some 70 prisoners. The decision also cited Berger’s admission that he never requested a transfer from concentration camp guard service and that he continues to receive a pension from Germany based on his employment in Germany, “including his wartime service.”

“Berger was part of the SS machinery of oppression that kept concentration camp prisoners in atrocious conditions of confinement,” said Assistant Attorney General Brian A. Benczkowski of the Department of Justice’s Criminal Division. “This ruling shows the Department's continued commitment to obtaining a measure of justice, however late, for the victims of wartime Nazi persecution.”

“This case is but one example of U.S. Immigration and Customs Enforcement’s commitment to ensuring that the United States will not serve as a safe haven for human rights violators and war criminals,” said Assistant Director David C. Shaw of U.S Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), National Security Investigations Division, who oversees the Human Rights Violators and War Crimes Center. “We will continue to pursue these types of cases so that justice may be served.”

In 1946, British occupation authorities in Germany charged SS Obersturmführer Hans Griem, who had headed the Meppen sub-camps, and other Meppen personnel with war crimes for “ill-treatment and murder of Allied nationals.” Although Griem escaped before trial, the British court tried and convicted the three remaining defendants of war crimes in 1947.

The removal case was jointly tried by Eli Rosenbaum, HRSP Director of Human Rights Enforcement and Policy, HRSP Senior Trial Attorney Susan Masling and ICE New Orleans, Office of the Principal Legal Advisor (Memphis), with assistance from HRSP Chief Historian Jeffrey S. Richter. The investigation was initiated by the HRSP and was conducted in partnership with HSI’s Nashville SAC office.

Since the 1979 inception of the Justice Department’s program to detect, investigate, and remove Nazi persecutors, it has won cases against 109 individuals. Over the past 30 years, the Justice Department has won more cases against persons who participated in Nazi persecution than have the law enforcement authorities of all the other countries in the world combined. HRSP’s case against Berger was part of its ongoing efforts to identify, investigate and prosecute individuals who engaged in genocide, torture, war crimes, recruitment or use of child soldiers, female genital mutilation, and other serious human rights violations. HRSP attorneys prosecuted the first torture case brought in the United States and have successfully prosecuted criminal cases against perpetrators of human rights violations in Guatemala, Ethiopia, Liberia, Cuba, and the former Yugoslavia, among others.

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.

Ryan James Gagnet, 22, was indicted by a federal grand jury for transmitting a threatening interstate communication.  The indictment alleges that on February 5, 2020, Gagnet wrote online, “Hi. It’s going to be even more scary tomorrow. Because I’m going to be on the news. Commit a mass shooting. In shorewood Illoinis.”  

As set out in court filings and proceedings, Gagnet used an online chat platform Omegle to post anonymous threats about committing a mass shooting in Shorewood, Illinois.  He admitted “wearing a mask” and “telling people . . . that there may be a mass shooting at some point. . . . then I would just see how ah their frightened reactions.”  Gagnet also indicated there would be disturbing searches on his electronic devices.

“Every person in this country deserves to feel safe in their community,” stated U.S. Attorney Justin Herdman.  “Any alleged threat to conduct a mass shooting will result in swift law enforcement action and appropriate federal charges.  I am proud of the quick response by our office and the Federal Bureau of Investigation.” 

“Any post that threatens the lives of others will receive a prompt law enforcement response,” said FBI Special Agent in Charge Eric Smith.  “Citizens need to be able to go about their everyday lives without the fear of being a victim of a mass shooting.  Law enforcement will continue to collaborate and utilize all necessary resources to protect others, it is our number one priority.”

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case was investigated by the FBI Joint Terrorism Task Force and is being prosecuted by Assistant U.S. Attorney Michael Freeman.

The Justice Department announced today that an Ohio developer and a franchisor of multifamily properties have agreed to settle a federal lawsuit alleging that they violated the Fair Housing Act (FHA) by designing and constructing 32 multifamily properties in Ohio that are inaccessible to persons with disabilities. 

“For more than a quarter century, federal law has required multifamily housing complexes to be built with accessible features,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This lawsuit is part of the Department of Justice’s continuing efforts to ensure that those who actively participate in the development of multifamily housing fulfill their responsibilities to ensure that the properties are accessible for persons with disabilities as required by the Fair Housing Act.”   

“The purpose of the Fair Housing Act is to advance equal opportunity in housing and end discrimination,” said U.S. Attorney David DeViller for the Southern District of Ohio. “This office is committed to vigorously enforcing the Act. Developers in the Southern District of Ohio will either live up to their obligations under the law, or we will go to court to require that they do so.”

Today’s settlement, pending court approval, resolves a lawsuit the Department filed in October 2019 in the Southern District of Ohio. It alleges that Ohio developer Epcon Communities, LLP and its related entity, Epcon Communities Franchising, Inc., violated the FHA when they designed and constructed the 32 condominium properties in Ohio with steps and other features that made them inaccessible to persons with disabilities.

This matter originated with a complaint filed with the Department of Housing and Urban Development (HUD) by the Fair Housing Advocates Association, a fair housing organization in Akron, Ohio. HUD then initiated its own complaint and, after completing an investigation, determined that the Defendants had violated the FHA and referred the matter to the Department of Justice.

“When architects and developers fail to design and construct housing consistent with Fair Housing Act requirements, it’s the same as the property having a sign that reads, ‘no wheelchairs allowed,’” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue working with the Justice Department to take appropriate action to ensure that persons with disabilities, some of our most vulnerable citizens, have the type of housing that meets their needs.”

Under the terms of the settlement, Epcon Communities, Inc. and Epcon Communities Franchising, Inc. must pay up to $2,200,000 to correct inaccessible features in the common areas of the properties and within the individual units. The corrections that defendants must make to the common areas include: removing steps; replacing steeply-sloped walkways; adding accessible routes from units to amenities such as the clubhouse and swimming pool; and providing accessible parking. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. Additionally, they must establish a $300,000 settlement fund for people who suffered harm due to the lack of accessible features at the 32 Ohio properties, pay a civil penalty of $51,303 to the United States, and ensure that any future housing they design or construct complies with the FHA. Defendants also must pay $40,000 in damages to the Fair Housing Advocates Association, which filed the discrimination complaint with HUD that initiated this case.

Persons who lived at or sought to live at one of the properties listed below who were denied housing or otherwise harmed because the complex was not accessible may be entitled to monetary compensation through today’s settlement. Such persons can contact the Justice Department toll-free at 1-800-896-7743 mailbox #994 or by email at fairhousing@usdoj.gov.

The properties at issue are:

• Cobblestone at the Preserve, New Albany, Ohio
• Courtyards at Seldom Seen, Powell, Ohio  
• Fountainview at Parkway, Grove City, Ohio
• Village at North Falls, Delaware, Ohio 
• Villas at Canterbury Woods, Westerville, Ohio      
• Villas at Glenealy, 6315 Donegan Way, Dublin, Ohio  
• Villas at Maple Creek, Westerville, Ohio
• Villas at Woodcutter, Powell, Ohio
• Windsor Bridge at the Preserve, New Albany, Ohio
• Woods at Hayden Run, Hilliard, Ohio
• Woods at Sugar Run, New Albany, Ohio  
• Ballymeade Village, Beavercreek, Ohio
• Bridgewater, Mansfield, Ohio
• Fairway Villas at Catawba Island Club, Port Clinton, Ohio
• Fairways at Boulder Creek, Streetsboro, Ohio
• Quarry Lakes at Amherst, Ohio
• Reddington Village, Newark, Ohio
• Sanctuary at Plum Brook, Huron, Ohio
• Springfield Ridge, Poland, Ohio
• Village of Colonial Woods, Mount Vernon, Ohio   
• Village at Riverwalk, Lima, Ohio
• Villages of River Oaks, Heath, Ohio
• Villas at Beavercreek, Beavercreek, Ohio
• Villas at Benchrock, Tipp City, Ohio
• Villas at Charleston Lake, Canal Winchester, Ohio
• Villas at Foor Farms, Pataskala, Ohio
• Villas in Hamilton West, Hamilton, Ohio
• Villas at Milnor Crossing, Pickerington, Ohio
• Villas at Park Place, West Chester, Ohio 
• Wellington Place, Zanesville, Ohio
• Woodland Run, Columbiana, Ohio
• Woods on Wilkens, Mason, Ohio

The Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. Among other things, the Fair Housing Act requires all multifamily housing constructed after March 12, 1991, to have basic accessibility features, including accessible routes without steps to all ground-floor units.  

More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they have been victims of housing discrimination may call the Justice Department at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.

The Justice Department and Homeland Security, along with government counterparts from Australia, Canada, New Zealand, and the United Kingdom, announced today the publication of Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse.  Developed in consultation with several leading technology companies, the 11 voluntary principles outline measures that companies in the technology industry can choose to implement to protect the children who use their platforms from sexual abuse online and to make their platforms more difficult for child sex offenders to exploit.

“Today marks a historic event,” said U.S. Attorney General William P. Barr. “For the first time, the Five Countries are collaborating with tech companies to protect children against online sexual exploitation.  We hope the Voluntary Principles will spur collective action on the part of industry to stop one of the most horrendous crimes impacting some of the most vulnerable members of society.”

Online child sexual exploitation and abuse is a global crime that demands a global response.  In an increasingly digital and borderless world, this crime has become easier to commit.  Rapidly evolving technology and anonymizing tools allow offenders to continuously adapt and diversify their methods to conceal their activities from law enforcement.   Not surprisingly, as a consequence, offenses are growing in scale and are becoming more extreme.  These crimes have a devastating and lasting impact on victims and survivors.

“Nothing is of greater importance to the Trump Administration than ensuring the safety and security of Americans, especially the most vulnerable among us — our children,” said Acting Secretary for the U.S. Department of Homeland Security (DHS) Chad Wolf.  “Combating online child sexual exploitation is a top priority for the department.  ICE Homeland Security Investigations has one in 10 agents investigating child sexual exploitation at any given time and that is why DHS released its first Strategy to Combat Human Trafficking, the Importation of Goods Produced with Forced Labor, and Child Sexual Exploitation.  I am confident the Voluntary Principles will help us move forward our goal of creating a world where children can grow up free from sexual exploitation.  The Voluntary Principles set new norms across the private sector, incorporating child safety throughout a company’s operations and properly considering the needs of victim-survivors.”

“We cannot allow children to fall victim to predators who lurk in the shadows of the web,” said UK Security Minister James Brokenshire.  “Through global collaboration and with enhanced action from the Five Countries, law enforcement agencies and tech companies, we will ensure that children are protected online.”

“It is imperative that we keep children safe from online sexual exploitation and abuse, and we can only accomplish that if we work together with other countries and across sectors,” said Canada’s Minister of Public Safety and Emergency Preparedness Bill Blair.  “Today’s release of the Voluntary Principles represents a huge step forward and is the result of innovative cooperation between Five Eyes partners and industry stakeholders.  For Canada, the principles directly align with our efforts guided by our National Strategy and continues to fulfill our commitment of protecting children from sexual exploitation of any kind.”

“When it comes to tackling child abuse committed on online platforms and services, the digital industry has a vital role to play,” said Australian Minister for Home Affairs Peter Dutton.  “The Voluntary Principles will help industry optimize these efforts; they reflect Governments’ expectations of digital industry, and are scalable and practical to implement across various platforms — from search engines to gaming services to social media networking sites.” 

“Those who engage in online child sexual exploitation work to get around current barriers and regulations, despite the best efforts and hard work of the digital industry,” said New Zealand Minister of Internal Affairs and Minister for Children Tracey Martin.  “This is a global crime that demands a global response.  Working with my colleagues from the Five Countries and the digital industry has ensured we have a set of principles that are robust, flexible, and most importantly, will create effective responses.”

At the Five Country Ministerial Digital Industry Roundtable on July 30, 2019 in London, the Five Country Ministers and senior representatives from Facebook, Google, Microsoft, Roblox, Snap and Twitter agreed “tackling [the online child sexual abuse] epidemic requires an immediate upscaling of the global response to ensure that all children across the globe are protected…and that there is no safe space online for offenders to operate.”  As a result, the Five Countries developed the Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse in consultation with the six companies and a broad range of experts from industry, civil society and academia.

The voluntary principles provide a common and consistent framework to guide the digital industry in its efforts to combat the proliferation of online child exploitation.  The voluntary principles cover the following themes:

• Prevent child sexual abuse material;
• Target online grooming and preparatory behavior;
• Target livestreaming;
• Prevent searches of child sexual abuse material from surfacing;
• Adopt a specialized approach for children;
• Consider victim/survivor-led mechanisms; and
• Collaborate and respond to evolving threats.

These voluntary principles are built on existing industry efforts to combat these crimes.  Some leading companies have dedicated significant resources to develop and deploy tools in the fight to protect children online and to detect, disrupt and identify offenders.  Although significant progress has been made, there is much more to be done to strengthen existing efforts and enhance collective action.

These principles are intended to have sufficient flexibility to ensure effective implementation by industry actors.  Some companies have already implemented measures similar to those outlined in these principles.  Regardless of whether or not a company chooses to adopt these principles, existing laws and regulations in relevant jurisdictions continue to apply to all companies.  Nothing in these principles overrides or is contrary to the need for companies to comply with the law.

The Five Country governments have partnered with the WePROTECT Global Alliance — an international body comprising government, industry and civil society members — to promote the Principles globally and drive collective industry action.  The WePROTECT Global Alliance will also collate information about industry’s uptake of the Principles, connect subject matter experts to share best practices for implementation, and analyze the evolving threat environment to identify gaps in the global response.  Five Country Governments will work closely with the WePROTECT Global Alliance to ensure the Principles remain fit-for-purpose for emerging trends and threats.

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 Northern Air Cargo LLC, has agreed to pay $4.7 million to resolve its potential liability under the False Claims Act for falsely reporting information regarding the delivery of United States mail to foreign postal administrations or other intended recipients under contracts with the United States Postal Service (USPS).  Northern Air Cargo is a cargo airline headquartered in Anchorage, AK.

“Government contractors must abide by their contractual commitments to the United States,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “Those who knowingly misrepresent compliance with their contractual obligations will face appropriate consequences.” 

USPS contracted with Northern Air Cargo to take possession of receptacles of United States mail at six locations in the United States or at various Department of Defense and Department of State locations abroad, and then deliver that mail to numerous international and domestic destinations.  To obtain payment under the contracts, Northern Air Cargo was required to submit electronic scans of the mail receptacles to USPS that confirmed the time and delivery of the mail at the specified destinations.  The contracts specified penalties for mail that was delivered late or to the wrong location.  Today’s settlement resolves allegations that Northern Air Cargo submitted scans that falsely reported the time that possession of the mail was transferred. 

“The safeguarding and timely delivery of the U.S. Mail to both international and domestic venues is of critical importance to the U.S. Postal Service,” said Special Agent in Charge Scott Pierce, U.S. Postal Service Office of Inspector General.  “The Office of Inspector General supports the Postal Service by promptly investigating allegations of contractual malfeasance, including instances of delivery falsification.  Working closely with the Department of Justice’s Civil Division, our special agents worked diligently to ensure an appropriate resolution.”

This matter was handled by the Civil Division’s Commercial Litigation Branch, in coordination with the USPS Office of the Inspector General and the USPS Office of General Counsel.

The claims settled by this agreement 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 has released the agenda and list of participants for its March 11, 2020, public workshop to solicit public dialogue on the proposed vertical merger guidelines.  The workshop will be the first in a two-part series hosted together with the Federal Trade Commission.  The two half-day workshops will allow for a dynamic discussion about the proposed guidelines to complement the written public comments about the proposed guidelines that were submitted to the agencies.

The proposed guidelines describe how the federal antitrust agencies review vertical mergers to evaluate whether they violate antitrust law. Vertical mergers combine two or more companies that operate at different levels of the supply chain. The proposed guidelines outline the agencies’ principal analytical techniques, practices, and enforcement policy for vertical mergers. The Department of Justice and the FTC cooperated closely in preparing the proposed guidelines, which reflect the agencies’ significant experience in analyzing vertical mergers. The guidelines are intended to assist the business community and antitrust practitioners by providing transparency about the agencies’ antitrust enforcement practices with respect to vertical mergers.

The agencies will consider both public comments and workshop discussions before issuing final vertical merger guidelines. A copy of the public comments received by the agencies are available here.

The agenda for the workshop includes a session from 9:00 a.m. to 1:00 p.m. EDT. Details are as follows:

Welcome Address

• Makan Delrahim, Assistant Attorney General for Antitrust, U.S. Department of Justice

Opening Remarks

• Christine Wilson, Commissioner, Federal Trade Commission

Panel 1: Former Enforcer and Practitioner Perspectives  

• Moderators: David Shaw, Counsel to the Assistant Attorney General for Antitrust, U.S. Department of Justice & Heather Johnson, Senior Counsel to the Director, Bureau of Competition, Federal Trade Commission
• Renata Hesse, Partner, Sullivan & Cromwell, former Acting Assistant Attorney General for Antitrust, U.S. Department of Justice
• Jonathan Jacobson, Partner, Wilson Sonsini
• Robert Majure, Ph.D., Vice President, Cornerstone Research, former Director of Economics for the Antitrust Division of the U.S. Department of Justice
• Jonathan Sallet, Senior Fellow, Benton Institute for Broadband & Society, former Deputy Assistant Attorney General for Antitrust, U.S. Department of Justice
• Craig Waldman, Partner, Jones Day

Panel 2: Public Interest and Academic Perspectives

• Moderators: David Lawrence, Chief, Competition Policy & Advocacy Section, Antitrust Division, U.S. Department of Justice & Andrew Sweeting, Director, Bureau of Economics, Federal Trade Commission
• Avery Gardiner, Senior Fellow for Competition, Data, and Power, Center for Democracy & Technology, former Counsel to the Assistant Attorney General for Antitrust, U.S. Department of Justice
• Aviv Nevo, Ph.D., Professor, University of Pennsylvania, former Deputy Assistant Attorney General for Economic Analysis, Antitrust Division, U.S. Department of Justice
• Steven Salop, Ph.D., Professor, Georgetown Law Center, former Associate Director for Special Projects, Bureau of Economics, Federal Trade Commission
• Charlotte Slaiman, Competition Policy Director, Public Knowledge
• Christopher Yoo, Professor, University of Pennsylvania Carey Law School

The workshop is free and open to the public. The March 11, 2020 workshop will take place at the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, D.C., from 9:00 a.m. to 1:00 p.m. EDT. A recording of the workshop will be available on the Division’s website. Registration information, an agenda, directions to the event, and a list of speakers will be available prior to each workshop on the event webpage. Attendees are encouraged, but not required, to register in advance for the workshop. Registration for the workshop may be completed on Eventbrite. Members of the press should also copy Alexei.Woltornist@usdoj.gov on their registration email. Seating will be on a first-come, first-served basis. Attendees should bring a valid government-issued photo ID (government badge, license, passport, etc.) and arrive in time to go through security.

Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at verticalmergerguidelines@usdoj.gov. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.

The second workshop will be hosted on March 18, 2020, by the Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C., from 1 p.m. to 5 p.m. EDT. The Federal Trade Commission will announce the agenda for the second workshop at www.ftc.gov. 

The United States filed a complaint under the False Claims Act against Mallinckrodt ARD LLC, formerly known as Mallinckrodt ARD Inc. and previously Questcor Pharmaceuticals Inc. (collectively, Mallinckrodt), in the U.S. District Court for the District of Massachusetts, the Department of Justice announced today.  The government alleges that Mallinckrodt has violated the False Claims Act by knowingly underpaying Medicaid rebates due as a result of large increases in the price of its drug H.P. Acthar Gel (Acthar). 

“The Medicaid Rebate Statute provides an important check on rising drug prices,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “The Department will not hesitate to hold accountable drug companies that attempt to skirt this important protection at the expense of the Medicaid program, which helps ensure that some of our most vulnerable citizens are able to receive medical care.”

Pursuant to the Medicaid Drug Rebate Program, drug manufacturers must pay quarterly rebates to state Medicaid programs in exchange for Medicaid’s coverage of the manufacturers’ drugs.  The mandatory rebate includes an inflationary component, which is designed to insulate the Medicaid program from drug price increases that outpace the rate of inflation.  In particular, for drugs sold to Medicaid, a manufacturer must pay a rebate that is based on the drug’s price since 1990 or when it was first marketed, whichever date is later.

The government alleges that although Acthar was first marketed long before 1990, Mallinckrodt and its predecessor, Questcor, began calculating and paying rebates as if Acthar was a new drug first marketed in 2013, based on the Food and Drug Administration’s approval of a new indication for Acthar’s use in 2010.  Given that Questcor had raised Acthar’s price by more than $20,000 per unit prior to 2013, the government alleges that Questcor and later Mallinckrodt avoided paying inflationary rebates on any of those pre-2013 price increases, and has thus knowingly underpaid hundreds of millions of dollars at the expense of American taxpayers.

In failing to pay these rebates, the government alleges that Mallinckrodt knowingly avoided its obligations under the Medicaid Drug Rebate Statute despite repeated government warnings.  The government alleges, for example, that the Centers for Medicare and Medicaid Services (CMS), which administers the Medicaid program at the federal level, warned Mallinckrodt on multiple occasions that it could not ignore Acthar’s pre-2013 price increases when paying Medicaid rebates for the drug. 

“Mallinckrodt raised the price of its drug to an extraordinary level and then allegedly cheated the Medicaid program out of hundreds of millions of dollars,” said U.S. Attorney Andrew Lelling for the District of Massachusetts.  “The government will always target this kind of exploitation of a program designed to provide health care to vulnerable members of our society.”

“The Medicaid Drug Rebate Program requires drug manufacturers to pay additional rebate amounts if they increase prices beyond a certain level,” said Special Agent in Charge Phillip M Coyne, Office of the Inspector General for the U.S Department of Health and Human Services.  “We take very seriously our responsibility to safeguard taxpayers by ensuring all drug manufacturers meet their obligations under the Medicaid Drug Rebate Program, and I appreciate the continued partnership with the Massachusetts U.S Attorney's Office to protect public funds.”

The allegations that are the subject of the government’s complaint were originally alleged in a case filed under the whistleblower, or qui tam, provision of the False Claims Act.  The act permits private parties to sue for fraud on behalf of the United States and to share in any recovery.  The act also permits the government to intervene in such actions, as the government has done in this case, which is captioned United States of America et al. ex rel. Landolt v. Mallinckrodt Pharmaceuticals Inc., No. 18-11931-PBS (D. Mass.). 

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

This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from the U.S. Department of Health and Human Services Office of Inspector General. 

The claims asserted by the United States 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 El Expreso Bus Company (El Expreso), based in Houston, Texas, has paid over $90,000 to eight U.S. workers pursuant to a May 29, 2019, settlement agreement.

The settlement resolved the Department’s claims that El Expreso discriminated against U.S. workers due to a hiring preference for temporary visa workers, in violation of the Immigration and Nationality Act (INA). This settlement is part of the Department’s Protecting U.S. Workers Initiative, which targets, investigates, and brings enforcement actions against companies that discriminate against U.S. workers because they prefer to hire foreign visa workers. Since the Initiative’s inception, employers have agreed to pay or have distributed a combined total of more than $1.1 million to U.S. workers and civil penalties to the United States.

“U.S. workers are the lifeblood of our economy, and we are gratified that these U.S. workers have now been compensated for the discrimination that they faced,” said Assistant Attorney General Eric Dreiband of the Justice Department's Civil Rights Division. “The Department of Justice will not tolerate employers abusing temporary visa programs to deny U.S. workers job opportunities.”

The Department’s investigation leading up to the settlement determined that El Expreso failed to consider applications from qualified U.S. workers for its temporary bus driver positions and then petitioned for H-2B visa workers to fill the positions, even though the H-2B visa program requires employers to recruit and hire available and qualified U.S. workers before they receive permission to hire temporary foreign workers. The INA generally prohibits employers from refusing to hire or consider U.S. workers because of their citizenship status.   

Under the terms of the settlement, the Civil Rights Division identified victims of discrimination eligible for back-pay awards and determined the amount of those awards. The Department determined that eight U.S. workers were eligible to receive a total of $91,015.35 in back pay. 

Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations and reached settlement agreements with seven employers to address this type of discrimination. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using foreign visa workers. 

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 citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. 

More information about protections against unlawful citizenship status discrimination is available here. The public may also 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); email IER@usdoj.gov; or visit IER’s English and Spanish websites. The public is invited to attend a free webinar on March 19, 2020 discussing unlawful discrimination under the INA’s anti-discrimination provision.  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.

Eun Soo Kim, a former key accounts manager for Continental Automotive Korea Ltd. and a Korean national, was extradited from Germany and pleaded guilty for his role in an international market allocation and bid-rigging conspiracy involving the sale of instrument panel clusters to several automobile producers, the Department of Justice announced. 

“Today’s guilty plea further demonstrates our commitment at the Antitrust Division and shows that neither time nor distance provide refuge for executives who conspire to cheat American consumers,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The Antitrust Division will leave no stone unturned including working with enforcers around the world to bring to justice those who infect international markets with collusion.” 

“The FBI will vigorously investigate and work to prosecute individuals, such as Kim, who conspire to allocate sales and rig bids for their own selfish gain and at the expense of the American people,” said Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division.  “Today’s extradition and guilty plea demonstrate the FBI’s determination to bring those who violate competition law the United States has long upheld to justice.”

Kim’s extradition is the third extradition based solely on an antitrust charge and the second in as many months.  A fugitive for nearly five years, Kim was apprehended by German authorities in September 2019 in Frankfurt.  Kim ultimately consented to extradition and arrived in Atlanta on February 28, 2020.  Kim appeared before Judge Timothy C. Batten, Sr. of the United States District Court for the Northern District of Georgia and pleaded guilty on March 2, 2020.  Judge Batten sentenced Kim to nine months in prison with credit for the time he was held in custody pending extradition and prior to sentencing.  He also has been sentenced to pay a $130,000 criminal fine. 

Kim pleaded guilty to conspiring to allocate sales of, rig bids for, and submit rigged and non-competitive bids for instrument panel clusters sold to Korean automobile producers and their subsidiaries in the United States and elsewhere.  Instrument panel clusters are a set of instruments located on the dashboard of a vehicle that contain gauges such as the speedometer, tachometer, odometer, and fuel gauge, as well as warning indicators for gearshift position, seat belt, parking-brake engagement, engine malfunction, low fuel, low oil pressure, and low tire pressure.  Kim participated in the conspiracy from at least as early as February 2008 until as late as May 2012.

Including Kim, more than 100 companies and executives have been charged in the Justice Department’s investigation into the automotive parts industry.  More than $2.9 billion in criminal fines have been imposed and 32 individuals have been sentenced to pay criminal fines and to serve prison sentences ranging from a year and a day to two years.

Kim was charged with bid rigging in violation of the Sherman Act, which carries maximum penalties of 10 years in prison and a $1 million criminal fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

This case is the result of a federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry conducted by the Antitrust Division and the FBI.  Today’s charges were brought by the Antitrust Division’s Chicago Office and the FBI’s Mobile, Alabama, Field Office.  Assistance with the extradition was provided by the Department of Justice Criminal Division’s Office of International Affairs and the United States Marshals Service.  The Department of Justice thanks the government of Germany for its assistance in this case.  Anyone with information on price fixing, bid rigging, or other anticompetitive conduct should contact the Antitrust Division’s Citizen Complaint Center at 1–888–647–3258 or visit www.justice.gov/atr/contact/newcase.html.

Attorney General William P. Barr announced today the launch of the Department of Justice’s National Nursing Home Initiative, which will coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents. 

This initiative is focusing on some of the worst nursing homes around the country and the Department already has initiated investigations into approximately thirty individual nursing facilities in nine states as part of this effort. 

“Millions of seniors count on nursing homes to provide them with quality care, and to treat them with dignity and respect when they are most vulnerable,” said Attorney General William P. Barr.  “Yet, all too often, we have found nursing home owners or operators who put profits over patients, leading to instances of gross abuse and neglect.  This national initiative will bring to justice those owners and operators who have profited at the expense of their residents, and help to ensure residents receive the care to which they are entitled.” 

The department considers a number of factors in identifying the most problematic nursing homes.  For example, the department looks for nursing homes that consistently fail to provide adequate nursing staff to care for their residents, fail to adhere to basic protocols of hygiene and infection control, fail to provide their residents with enough food to eat so that they become emaciated and weak, withhold pain medication, or use physical or chemical restraints to restrain or otherwise sedate their residents.  These care failures cause residents to suffer in pain and to be exposed to the great indignities.  Care failures cause residents to develop pressure sores down to the bone, to lie in their own waste for hours, to starve because they cannot reach the food on their trays and to remain unwashed for weeks at a time.  Nursing homes that provide grossly substandard care also force vulnerable elderly residents who cannot leave the facilities to live in filthy and dangerous conditions where there are leaks in the roofs, mold is found growing and rodents found living in residents’ rooms.  These are some of the actions and the inactions that the department intends to pursue.

“The Department of Justice has a long history of holding nursing homes and long-term care providers accountable when they fail to provide their Medicare and Medicaid residents with even the most basic nursing services,” said Assistant Attorney General Jody Hunt for the Civil Division.  “Through this National Initiative, we will more effectively and quickly pursue nursing homes that are jeopardizing the health and well-being of their residents.”

“The Administration for Community Living was created to help ensure that older adults and people with disabilities are able to live the lives they want, with the people they choose, fully participating in their communities,” said Administrator Lance Robertson for the Administration for Community Living, U.S. Department of Health and Human Services.  “Our mission includes supporting their basic right to live with dignity, free from abuse.  We appreciate the Department of Justice’s leadership on this important Initiative, and we are proud to work side by side with DOJ and all of our partners in the Elder Justice Coordinating Council to prevent elder abuse in all forms.”

“The HHS Office of Inspector General (OIG) continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske of HHS.  “Creating this Initiative sends a message to those in charge of caring for these beneficiaries that grossly substandard care will not be tolerated.”

The National Nursing Home Initiative reflects the department’s larger strategy and commitment to protecting our nation’s seniors, coordinated by the department’s Elder Justice Initiative in conjunction with the U.S. Attorneys’ Offices.  The Elder Justice Initiative and the U.S. Attorneys’ Offices are essential to the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries.  The Initiative and the U.S. Attorneys’ Offices also support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources, and information.  Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.

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

Attorney General William P. Barr, FBI Director Christopher A. Wray, and Chief Postal Inspector Gary R. Barksdale today announced the largest coordinated sweep of elder fraud cases in history.  This year, prosecutors charged more than 400 defendants, far surpassing the 260 defendants charged in cases as part of last year’s sweep.  In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused alleged losses of over a billion dollars.

Attorney General Barr made the announcement at an event in Florida entitled “Keeping Seniors Safe,” which outlined his vision for protecting older Americans from financial harm.  The event focused special attention on the threat posed by foreign-based fraud schemes that victimize seniors in large numbers.  During the event, the Attorney General declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities.

“Americans are fed up with the constant barrage of scams that maliciously target the elderly and other vulnerable citizens,” said Attorney General William P. Barr.  “This year, the Department of Justice prosecuted more than 400 defendants, whose schemes totaled more than a billion dollars.  I want to thank the men and women of the department’s Consumer Protection Branch, which coordinated this effort, and all those in the U.S. Attorneys’ Offices and Criminal Division who worked tirelessly to bring these cases.  The department is committed to stopping the full range of criminal activities that exploit America’s seniors.”

“The charges announced today demonstrate the great success of the Transnational Elder Fraud Strike Force to identify and stop those who are targeting our senior communities from overseas,” said FBI Director Christopher Wray.  “We’re committed to continuing our efforts to keep our elderly citizens safe, whether they’re being targeted door-to-door, over the phone, or online.” 

“Every day, American consumers, particularly older Americans, receive offers that sound just too good to be true,” said Chief Postal Inspector Gary Barksdale.  “Some come through the mail; others by telephone or the Internet.  These offers have one objective – to rob you of your hard-earned money.  Fraud costs Americans millions of dollars each year.  The good news is most frauds can be prevented.  It’s one of the few crimes in which potential victims can just say “No!”  So hold on to your money and report scams to Postal Inspectors.”

This interactive map provides state by state information on the elder fraud cases and education and prevention community outreach efforts highlighted by today’s sweep announcement.  

Elder Fraud Hotline

Attorney General Barr also announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud.  The Hotline will be staffed by experienced case managers who can provide personalized support to callers.  Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.  When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller.  The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

Transnational Elder Fraud Strike Force

The Transnational Elder Fraud Strike Force prosecuted more than one quarter of the defendants charged as part of the announced sweep.  Established in June 2019, the Strike Force is composed of the department’s Consumer Protection Branch and six U.S. Attorneys’ Offices (Central District of California, Middle and Southern Districts of Florida, Northern District of Georgia, Eastern District of New York, Southern District of Texas), along with FBI special agents, Postal Inspectors, and numerous other law enforcement personnel.  Prosecutors in Strike Force districts brought cases against more than 140 sweep defendants.  FBI and the Postal Inspection Service served as lead agencies in the Strike Force and committed substantial investigative resources to pursuing elder fraud cases as part of Strike Force efforts.  The Strike Force has held dozens of meetings with industry, victim groups, and law enforcement at the federal, state, and local levels to identify the most harmful schemes victimizing American seniors and to bolster preventive measures against further losses.  

Law Enforcement Actions Swept from Coast to Coast

U.S. Attorneys’ Offices in every federal district took part in the Elder Fraud Sweep announced today.  Many federal prosecuting offices filed cases against perpetrators and/or facilitators of elder fraud.  Others conducted outreach to law enforcement, community groups, seniors, or private industry.  Other U.S. Attorneys’ Offices demonstrated exceptional devotion to the cause of elder justice by both filing cases and conducting outreach.

For the second year, the Department of Justice and its law enforcement partners also took comprehensive action against the money mule network that facilitates foreign-based elder fraud.  Generally, perpetrators use a “money mule” to transfer fraud proceeds from a victim to ringleaders of fraud schemes who often reside in other countries.  Some of these money mules act unwittingly, and intervention can effectively end their involvement in the fraud.  The FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases.  Agents and prosecutors in more than 85 federal district participated in this effort to halt the money flow from victim to fraudster.  These actions against money mules were in addition to the criminal and civil cases announced as part of this year’s elder fraud sweep.

In addition to announcing the sweep cases, Attorney General Barr and others at the Keeping Seniors Safe event also thanked department personnel — especially the Elder Justice Coordinators appointed in each U.S. Attorney’s Office — for conducting dozens of outreach events across the nation to warn seniors of fraud schemes and to engage with industry representatives and state and local authorities on fraud-prevention measures.  These outreach efforts have helped to prevent seniors from falling prey to scams and have frustrated offenders’ efforts to obtain even more money from vulnerable elders.

The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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

WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que El Expreso Bus Company (El Expreso), una empresa con sede en Houston, Tejas, ha pagado más de $90,000 a ocho trabajadores en este país según el acuerdo conciliatorio del 29 de mayo de 2019. Este acuerdo resuelve las reclamaciones del Departamento de que El Expreso discriminó a trabajadores en este país al preferir la contratación de trabajadores con visa temporal, en violación de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). Este acuerdo forma parte de la Iniciativa para la Protección de los Trabajadores en los EE. UU. del Departamento, cuya meta es investigar y tomar medidas para hacer cumplir la ley en casos de empresas que discriminan a trabajadores en este país porque prefieren contratar a trabajadores extranjeros con visa. Desde la incepción de la Iniciativa, los empleadores han acordado pagar o distribuir un total combinado de más de $1.1 millones a trabajadores en este país y multas civiles a los Estados Unidos.

“Los trabajadores de este país son el alma de nuestra economía, y estamos satisfechos de que estos trabajadores hayan sido compensados ahora por la discriminación que sufrieron”, dijo el Fiscal General Adjunto Eric Dreiband de la División de Derechos Civiles. “El Departamento de Justicia no tolerará a empleadores que abusen de programas de visas temporales para denegar oportunidades de trabajo a trabajadores de este país”.

La investigación del Departamento que resultó en el acuerdo determinó que El Expreso no había tenido en cuenta solicitudes de trabajadores cualificados en este país para puestos temporales como conductores de autobús, pero que sí había buscado a trabajadores con visa H-2B para cubrir los puestos, aunque el programa de visas H2-B requiere que los empleadores recluten y contraten a trabajadores cualificados disponibles en este país antes de recibir permiso para contratar a trabajadores extranjeros temporales. La INA prohíbe en general que los empleadores se nieguen a contratar o considerar para sus puestos a trabajadores en este país debido a su condición de ciudadanía.

Según los términos del acuerdo, la División de Derechos Civiles del Departamento identificó a las víctimas discriminadas elegibles para recibir indemnizaciones de pagos retroactivos y determinó la cantidad de dichas indemnizaciones. El Departamento determinó que ocho trabajadores de este país tenían derecho a recibir un total de $91,015,35 en pagos retroactivos.

En virtud de la Iniciativa para la Protección de los Trabajadores en los EE. UU., la División de Derechos Civiles ha iniciado decenas de investigaciones y llegado a acuerdos conciliatorios con siete empleadores para tratar con este tipo de discriminación. La División también ha aumentado su colaboración con otras agencias federales para combatir la discriminación y el abuso por parte de empleadores que usan trabajadores extranjeros con visa.

La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División es responsable de aplicar la estipulación antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de condición de ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias e intimidación.

Se dispone de información adicional sobre protecciones contra la discriminación ilegal en el empleo haciendo clic aquí. El público también puede llamar a la línea directa de la IER para trabajadores 1‑800‑255-7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; o visitar los sitios web en inglés y español de la IER. Se invita al público a asistir a un seminario en línea gratuito el 19 de marzo de 2020 para tratar la discriminación ilegal según la estipulación antidiscriminatoria de la INA. Suscríbase a GovDelivery para recibir actualizaciones de la IER,

Aquellos postulantes o empleados que crean haber sido discriminados debido a su ciudadanía, estado de inmigración u origen nacional durante los procesos de contratación, despido o reclutamiento o recomendación por una comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) según su nacionalidad de origen, condición de inmigración o ciudadanía; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores con el fin de pedir ayuda.

WASHINGTON – The Presidential Task force on Missing and Murdered American Indians and Alaska Natives announced a series of field consultations and listening sessions to occur across the United States in the coming months.  

American Indians and Alaska Natives experience disproportionately high rates of violence. President Trump has called the crisis of missing and murdered Native Americans “sobering and heartbreaking.”  The task force, designated Operation Lady Justice, has been empowered to review Indian Country cold cases, to strengthen law enforcement protocols, and work with tribes to improve investigations, information sharing and a more seamless response to missing persons investigations.

Confirmed Dates and Locations

March 2nd, 3:00 p.m. – 4:30 p.m.

• Department of Health and Human Services, Administration for Children & Families Tribal Advisory Council Mtg. – Washington D.C. Listening Session (CLOSED PRESS)

March 12th, 10:30 a.m. – 12:30 p.m.             

• Tribal Interior Budget Council Listening Session – Washington, DC (CLOSED PRESS)

March  17th, 2:00 p.m. – 5:00 p.m.                 

• United South & Eastern Tribes (USET), Midwest Alliance of Sovereign Tribes (MAST) Listening Session – Marriott Marquis, 901 Massachusetts Ave NW, Washington, D.C.

March 24th, 9:00 a.m. – 4:00 p.m.                 

• Muscogee Creek Listening Session – River Spirit Casino, 8330 Riverside Parkway, Tulsa, OK

March 31st, 10:30 am – 12:00 p.m.                

• 38th Annual Protecting Our Children Conference Listening Session – Marriott Denver Tech Center- Host Hotel, Denver, CO (CLOSED PRESS)

April 15th, 9:00 a.m. – 4:00 p.m.                   

• Pascua Yaqui Listening Session – Casino Del Sol, 5655 W. Valencia Rd., Tucson, AZ                               

April 21st, 1:30 p.m. – 5:00 p.m.                   

• Sycuan Band, California Listening Session, 3 Kwaaypaay Court, El Cajon, CA

April 28th, 9:00 a.m. – 3:00 p.m.                   

• National Indian Programs Training Center - CONSULTATION – 1101 Indian School Road NW, rooms 233-234, Albuquerque, NM

May 12th, 9:00 a.m. – 4:00 p.m.                    

• Grand Traverse Band of Ottawa and Chippewa Listening Session – Grand Traverse Resort & Spa, 100 Grand Traverse Village Blvd, Acme Township, MI

May 21st, 9:00 a.m. – 4:00 p.m.                     

• Yakama Nation, Washington Listening Session – Legends Casino and Hotel, 580 Fort Road, Toppenish WA

June 7th – 11th             

• Anchorage, Alaska – CONSULTATION – Date and Location TBD

June 16th, 10:00 a.m. – 4:00 p.m.                  

• North Dakota/South Dakota Listening Session – North Dakota Heritage Center, Bismarck, ND

June 23rd, 5:00 p.m. – 9:00 p.m.                    

• Women are Sacred Conference Listening Session – Intercontinental Saint Paul Riverfront Hotel, 11 E. Kellogg Boulevard, St. Paul, MN

July 7th, 9:00 a.m. – 4:00 p.m.

• Billings, Montana - CONSULTATION – Double Tree Hotel, 27 N 27th, Billings, MT

The members of the task force are:

• Katharine Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs, designee for the Attorney General;
• Tara Sweeney, Assistant Secretary for Indian Affairs, designee for the Secretary of the Interior;
• Terry Wade, Executive Assistant Director, Criminal, Cyber, Response and Services Branch, Federal Bureau of Investigation;
• Laura Rogers, Acting Director, Office on Violence Against Women;
• Charles Addington, Deputy Bureau Director, Bureau of Indian Affairs, Office of Justice Services;
• Trent Shores, U.S. Attorney for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee; and
• Jean Hovland, Deputy Assistant Secretary for Native American Affairs and Commissioner, Administration for Native Americans, Department of Health and Human Services.

Marcia Good of the Department of Justice serves as the Executive Director of the task force.  The task force will present a progress report to the President by Nov. 26, 2020, and a final report detailing its activities and accomplishments by Nov. 26, 2021.

NOTE: All sessions will be open to the public and the press unless otherwise designated.  As a general rule, each consultation and listening session will include a task force media availability.  Opening remarks will be open for audio and visual recording.  However, the duration of the testimony by participants will be recordable by pen and pad only.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of the Department of Justice at www.Justice.gov/Celebrating150Years.  2020 also marks 171st anniversary of the Department of the Interior.  Learn more about the history of DOI at www.doi.gov/history/.

U.S. Attorney General William P. Barr, Secretary of State Mike Pompeo, Secretary of Defense Mark Esper, Acting Secretary of Homeland Security Chad Wolf, Acting Director of National Intelligence Richard Grenell, Federal Bureau of Investigation Director Christopher Wray, U.S. Cyber Command Commander and National Security Agency Director Gen. Paul Nakasone, and Cybersecurity and Infrastructure Security Agency Director Christopher Krebs today released the following joint statement:

“Tomorrow, millions of voters in more than a dozen states and territories will cast their votes in presidential primaries. ‘Super Tuesday’ will see more Americans head to the polls than any other day of the primary season. We continue to work with all 50 states, U.S. territories, local officials, political parties and private sector partners to keep elections free from foreign interference.

“Americans must also remain aware that foreign actors continue to try to influence public sentiment and shape voter perceptions. They spread false information and propaganda about political processes and candidates on social media in hopes to cause confusion and create doubt in our system. We remain alert and ready to respond to any efforts to disrupt the 2020 elections. We continue to make it clear to foreign actors that any effort to undermine our democratic processes will be met with sharp consequences.

“The level of coordination and communication between the federal government and state, local and private sector partners is stronger than it’s ever been. Our Departments and Agencies are working together in an unprecedented level of commitment and effort to protect our elections and to counter malign foreign influence, but voters have a role to play too.

“We encourage all voters going to the polls to check your voter registration and know ahead of time when to vote, where to vote, what’s on your ballot, and whether your state requires identification. Your state or local election official’s office is the most trusted source for election material. A well-informed and vigilant republic is the best defense against disinformation.”

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 Colorado resident was sentenced to 83 months in prison on Friday for his role in a biodiesel tax credit fraud scheme, 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, Matthew Taylor and his coconspirators defrauded the United States by filing false claims for tax credits under a federal program that encourages production and use of renewable fuels. They created a fake company, Shintan Inc. (Shintan), that purported to be in the business of creating renewable fuels. From 2010 to 2013, the coconspirators then sought and obtained from the Internal Revenue Service (IRS) over $7.2 million in tax credits for renewable fuel produced, of which Taylor personally received $4.5 million. In fact, Shintan produced no qualifying renewable fuel. To avoid detection, Taylor and coconspirators transferred the fraudulently obtained funds through a series of bank accounts belonging to Shintan and other shell companies.

“Filing false renewable fuel tax credit claims is not just a crime against the IRS but a crime against all taxpaying citizens," said Andy Tsui, IRS--Criminal Investigation Special Agent in Charge.  "Those engaged in this fraud should stop in their tracks and look at the consequences which include being sent to prison as a convicted felon and paying back all the taxes owed plus steep penalties and interest.”

“Friday’s sentencing shows the severe consequences for those who try to profit by defrauding renewable fuels programs,” said Lance Ehrig, Acting Special Agent in Charge of the EPA’s criminal enforcement program in Colorado.  “EPA and our law enforcement partners are committed to holding accountable those who seek to defraud taxpayers for personal profit.”

On Feb. 27, 2019, Taylor pleaded guilty to one count of conspiracy to defraud the United States, one count of conspiracy to commit money laundering, and one count of money laundering.

In addition to the term of imprisonment imposed, U.S. District Chief Judge Philip A. Brimmer ordered Taylor to serve four years of supervised release and to pay approximately $7.2 million in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS-Criminal Investigation and Environmental Protection Agency-Criminal Investigation, who conducted the investigation, and Trial Attorneys Sarah A. Kiewlicz and Stephen K. Moulton of the Tax Division, who prosecuted the case.

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

The Justice Department filed a lawsuit today alleging that the Caroline County Commissioner of the Revenue in Bowling Green, Virginia, fired a former Master Deputy Commissioner of the Revenue on the basis of her disability, a respiratory impairment, in violation of Title I of the Americans with Disabilities Act (ADA). 

The Commissioner of the Revenue allegedly also failed to provide reasonable accommodations for this qualified employee with a disability, as required by Title I of the ADA.  According to the complaint, the employee, who had worked for the Commissioner of the Revenue since 1991, needed reasonable accommodations because of her physical impairments, which cause shortness of breath and hoarseness.  The lawsuit alleges that instead of providing these reasonable accommodations, the Commissioner of the Revenue terminated the employee.

Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability in employment.  These prohibitions include failing to provide reasonable accommodations if the accommodation does not pose an undue hardship to the employer.  Reasonable accommodations include acquiring equipment or devices, among other things.

“The Justice Department is committed to enforcing the rights of qualified individuals with disabilities to earn a living and serve their communities,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.  “Nearly 30 years after the ADA was signed into law, every qualified individual with a disability who wants to work should be able to do so without fear of discrimination.  It is past time for every covered employer to comply with the law by providing reasonable accommodations for qualified applicants and employees with disabilities if the accommodation wouldn’t pose an undue hardship.”

This matter was based on a referral from the Equal Employment Opportunity Commission’s Norfolk Local Office, which completed the initial investigation of the facts.  Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

2020 marks the 30th Anniversary of the Americans with Disabilities Act.  The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.  The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities. 

NOTE: The complaint can be found here. 

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) submitted to the Federal Register for publication a notice of proposed rulemaking related to fees the agency last raised more than 30 years ago. The fees included are related to filings for appeals to the Board of Immigration Appeals (BIA), applications for suspension of deportation or cancellation of removal, and motions to reopen or reconsider before the immigration courts or the BIA.

The Office of Management and Budget, in its 1993 revision of Circular No. A-25, instructs agencies to conduct biennial reviews of fees. Federal law similarly requires each agency’s Chief Financial Officer to review agency fees biennially. Despite these instructions, it has been 33 years since EOIR last conducted a thorough review of the costs and appropriateness of its fee-based filings.

Following a comprehensive analysis, EOIR identified a need to avoid nearly $45 million dollars in taxpayer subsidization for the fee-based filings by proposing the fee increases. "The proposed fee increases are marginal in terms of inflation-adjusted dollars and would mitigate the significant taxpayer subsidization of these forms and motions. EOIR is long past due for a review of its fee-based filings, especially as its caseload and costs have increased substantially since 1986," said James McHenry, EOIR Director.

The proposed rule would not affect immigration judges’ and the BIA’s discretionary authority to waive a fee upon a showing that the filing party is unable to pay.

The rule proposes the following fee increases:

1. Increase the fee for Form EOIR-26 from $110 to $975.
2. Increase the fee for Form EOIR-29 from $110 to $705.
3. Increase the fee for Form EOIR-40 from $100 to $305.
4. Increase the fee for Form EOIR-42A from $100 to $305.
5. Increase the fee for Form EOIR-42B from $100 to $360.
6. Increase the fee for Form EOIR-45 from $110 to $675.
7. Increase the fee for filing a motion to reopen or reconsider with the immigration court from $110 to $145.
8. Increase the fee for filing a motion to reopen or reconsider with the BIA from $110 to $895.

— EOIR —

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all cases it adjudicates.

A dual U.S.-Mexican citizen had her initial appearance in federal court in the District of Columbia Wednesday on charges related to her alleged involvement in five business entities designated by the Department of Treasury’s Office of Foreign Asset Control (OFAC) as providing material support to the international narcotics trafficking activities of the Mexican narcotics trafficking organization known as the Cartel de Jalisco Nueva Generacion (CJNG).

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge William Bodner of the Drug Enforcement Administration’s (DEA) Los Angeles Field Division made the announcement.

Jessica Johanna Oseguera Gonzalez, known as “La Negra,” 33, who was residing in Guadalajara, Mexico, was arrested in Washington, D.C. Wednesday pursuant to a warrant stemming from a Feb. 13, 2020, indictment.  The charges were unsealed earlier today and she remains in U.S. custody.  Her detention hearing is on Monday before U.S. Magistrate Judge Robin M. Meriweather in the District of Columbia. 

The five-count indictment alleges that Oseguera Gonzalez, engaged in transactions or dealings in property or interests in property with five business entities, which have been designated by OFAC as Specially Designated Narcotics Traffickers pursuant to the Foreign Narcotics Kingpin Designation Act.  The businesses are alleged to provide financial support to, and are subject to the control of, the CJNG.  As a result, U.S. persons are generally prohibited from engaging in transactions with them.  

The indictment alleges that Oseguera Gonzalez continued her involvement with J&P Advertising S.A. de C.V., JJGON S.P.R. de R.L. de C.V., Las Flores Cabanas, Mizu Sushi Lounge and Operadora Los Famosas S.A. de C.V., and Onze Black, after their designations by OFAC on Sept. 17, 2015.  

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

The DEA’s Los Angeles Field Division led the investigation in conjunction with the Department of Treasury’s Office of Foreign Asset Control.  Assistant Deputy Chief Anthony Nardozzi, and Trial Attorneys Brett Reynolds, Kaitlin Sahni, and Cole Radovich of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.

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

The Department of Justice today filed a Statement of Interest in federal court in Kentucky, explaining that a Louisville/Jefferson County Metro Government law, which requires a photographer to photograph same-sex weddings in violation of her religious objections, violates the U.S. Constitution.  The United States’ brief explains that the photographer, Chelsey Nelson, is likely to succeed on her claim that requiring her to photograph weddings against her conscience constitutes government-compelled speech that violates the Free Speech Clause of the First Amendment.

“The First Amendment forbids the government from forcing someone to speak in a manner that violates individual conscience,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division. “The U.S. Department of Justice will continue to protect the right of all persons to exercise their constitutional right to speech and expression.”

The law at issue prohibits businesses from discriminating on various bases, including on sexual orientation.  Ms. Nelson brought suit against the Louisville/Jefferson County Metro Government and several of its officials, and sought a preliminary injunction preventing the application of this law to require her to photograph same-sex weddings. 

The United States’ brief explains that Ms. Nelson is likely to succeed on her Free Speech claim.  The Free Speech Clause prohibits the government from requiring people to engage in speech supporting or promoting someone else’s expressive event, such as a wedding ceremony.  The brief observes that “[w]eddings are sacred rites in the religious realm and profoundly symbolic ceremonies in the secular one” and thus are plainly “expressive activities” under the Supreme Court’s Free Speech cases.  Moreover, the brief explains, photography is an expressive art form, and wedding photography in particular seeks to celebrate and honor the union being photographed.  Forcing a photographer, against her conscience, to express her support for a wedding that her faith opposes violates the Constitution.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force.  The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

The Department of Justice today announced the creation of a section dedicated to investigating and litigating revocation of naturalization.  The Denaturalization Section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section.  This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization. 

While the Office of Immigration Litigation already has achieved great success in the denaturalization cases it has brought, winning 95 percent of the time, the growing number of referrals anticipated from law enforcement agencies motivated the creation of a standalone section dedicated to this important work.

“When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system—and it is especially offensive to those who fall victim to these criminals,” said Assistant Attorney General Jody Hunt.  “The Denaturalization Section will further the Department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct.”

Denaturalization cases require the government to show that a defendant’s naturalization was “illegally procured” or “procured by concealment of a material fact or by willful misrepresentation . . . .”  8 U.S.C. § 1451.  Civil denaturalization cases have no statute of limitations, and the Department has successfully denaturalized numerous categories of individuals who have illegally obtained citizenship, including terrorists and other national security threats, war criminals, human rights violators, sex offenders, and other fraudsters.

National Security/Terrorism

• U.S. v. al Dahab, No. 15-cv-5414 (D.D.C.).  Successful civil denaturalization of individual convicted of terrorism offenses in Egypt who admitted recruiting for al Qaeda within the United States and running a communications hub in California for the Egyptian Islamic Jihad terrorist organization.  The defendant was denaturalized while in Egypt, stripped of his passport, and prevented from returning to the United States.
• U.S. v. Kariye, No. 15-cv-1343 (D. Or.).  Successful civil denaturalization of individual who received military training in a jihadist training camp in Afghanistan; coordinated with Osama bin Laden and other known terrorist leaders; and was associated with terrorist organizations including Makhtab Al-Khidamat, a U.S. government-designated terrorist organization and pre-cursor to al Qaeda.  The Office of Immigration Litigation coordinated a settlement that facilitated the defendant’s self-deportation to Somaliland despite his presence on No Fly List.
• U.S. v. Hamed, No. 2:18-cv-0424 (W.D. Mo.).  Successful civil denaturalization of an individual convicted of conspiring to illegally transfer more than $1 million to Iraq in violation of federal sanctions and of obstructing internal revenue laws with respect to tax-exempt charities.  In furtherance of those crimes, the defendant regularly authorized and transferred tax-exempt funds from a non-profit organization’s accounts in the United States to an account in Jordan controlled by a Specially Designated Global Terrorist.

War Crimes & Human Rights Violators

• U.S. v. Dzeko, No. 18-cv-759 (D.D.C.).  Successful civil denaturalization of an individual who was convicted in Bosnia of executing eight unarmed civilians and POWs during the Balkans conflict.  Defendant was denaturalized while incarcerated in a Bosnian prison, and thereby prevented from returning to the United States upon his release.
• U.S. v. Yetisen, No. 18-cv-570 (D. Or.).  Successful civil denaturalization of an individual who pled guilty in Bosnia of executing six unarmed civilians and POWs during the Balkans conflict. 

Sex Offenders

• U.S. v. Omopariola (N.D. Tex.). Successful civil denaturalization of an individual engaged in sexual contact with a 7-year-old family member.
• U.S. v. Lopez, No. 18-cv-00527 (D. Md.).  Successful civil denaturalization of an individual who sexually abused a minor victim for multiple years.
• U.S. v. Arizmendi, No. 4:15-cv-454 (S.D. Tex.).  Successful civil denaturalization of an individual convicted of multiple sex offenses, including as to students.  The defendant was denaturalized while incarcerated in a Mexican prison related to a sex offense, and thereby prevented from returning to the United States upon his release.

Fraudsters & Other Criminals

• U.S. v. Mondino, No. 18-cv-21840 (S.D. Fla.).  Successful civil denaturalization of an individual convicted of conspiring to defraud the U.S. Export-Import Bank of more than $24 million, resulting in more than $12 million in unrecovered losses. Because of the denaturalization proceedings, the defendant self-deported.
• U.S. v. Warsame cases, Nos. 17-cv-5023, -5024, -5025, -5027 (D. Minn.).  Successful civil denaturalizations of four individuals who fraudulently claimed to be a family to gain admission to the United States through the Diversity Immigrant Visa Program.

Today, Solicitor General Noel Francisco issued the following statement on the passing of former Deputy Solicitor General Lawrence Wallace:

“My colleagues and I are deeply saddened at the recent passing of former Deputy Solicitor General Lawrence Wallace.  A native of Syracuse, New York, Larry Wallace graduated from Syracuse University, served in the Air Force, and attended Columbia Law School through the GI Bill.  He was editor-in-chief of the Columbia Law Review and graduated in the Class of 1959 alongside future Justice Ruth Bader Ginsburg.  He went on to serve as a law clerk to Justice Hugo Black, practice at a firm in Washington, and teach at Duke University Law School. 

In 1968, Larry Wallace joined the Office of the Solicitor General.  Over the next 35 years, he argued before the Supreme Court 157 times – more than any other lawyer of the twentieth century.  He represented the United States in each of those cases.  As Deputy Solicitor General for more than three decades, he was admired as an advocate, cherished as a colleague, and respected for his high standards and professionalism.  His candor and integrity remain a model for this office and for all who have the privilege to represent the United States.

In addition to being a superb lawyer, Larry Wallace was a talented musician, a generous friend, and a proud veteran.  He often said that he felt a deep sense of responsibility when arguing cases on behalf of the government.  He discharged that responsibility with skill and distinction throughout his long career.  His devoted service to this office will never be forgotten.  My colleagues and I extend our condolences to his family and join in mourning his loss.”

The Department of Justice today filed an amicus brief in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College in the United States Court of Appeals for the First Circuit. In its amicus brief, the United States explains that Harvard’s expansive use of race in its admissions process violates federal civil-rights law and Supreme Court precedent. 

“Race discrimination hurts people and is never benign,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Unconstitutionally partitioning Americans into racial and ethnic blocs harms all involved by fostering stereotypes, bitterness, and division among the American people. The Department of Justice will continue to fight against illegal race discrimination.”

As a condition of receiving millions of dollars in taxpayer funding every year, Harvard expressly agrees to comply with Title VI of the Civil Rights Act of 1964, a cornerstone civil-rights law that prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. In 2017, the Department opened a Title VI investigation into Harvard’s admissions process after a complaint was filed by more than 60 Asian-American organizations. That investigation remains underway.

In this case, Students for Fair Admissions, an organization of students and parents, alleged that Harvard College intentionally discriminates against Asian-American applicants when making admissions decisions, in violation of Title VI. The district judge denied Harvard’s various attempts to dismiss the lawsuit, and the case proceeded to a three-week trial in the fall of 2018. 

Although the Supreme Court has held that colleges receiving federal funds may consider applicants’ race in certain limited circumstances, the district court’s factual findings demonstrated that Harvard’s use of race is anything but limited. The district court concluded that “more than one third of the admitted Hispanics and more than half of the admitted African Americans, would most likely not be admitted in the absence of Harvard’s race-conscious admissions process.” And these race-based bonuses come at a significant cost to Asian-American applicants, who collectively suffer a substantial penalty under Harvard’s race-based admissions regime. Nevertheless, the district court concluded that Harvard’s use of race in the admissions process did not violate federal law or Supreme Court precedent.

The United States’ amicus brief explains that the evidence at trial showed “that Harvard actively engages in racial balancing that Supreme Court precedent flatly forbids.” The evidence also demonstrated that Harvard’s admissions officers consistently score Asian American applicants lower on the so-called “personal rating.” “In other words,” the brief explains, “Harvard’s admissions officers tended to evaluate Asian Americans, as compared to members of other racial groups, as having less integrity, being less confident, constituting less-qualified leaders, and so on.” “That disparity,” the brief points out, “is undisputed, and unexplained.” For these and other reasons, the United States urged the appellate court to reverse the district court’s judgment.

The Executive Office for Immigration Review (EOIR) today announced the addition of an Internet option for checking case information.  The new automated case information application is available on EOIR’s website, and is currently available in English and Spanish. This is another tool for parties with business before the agency, and the automated case information hotline at 800-898-7180 (TDD 800-828-1120) continues to be available. 

The automated case information application allows users to receive the most recent information about a case after inputting a unique alien registration number. Available information includes next scheduled hearings, decision information at the immigration court and Board of Immigration Appeals (BIA) levels, and court and BIA contact information. Immigration courts’ operating statuses are also included. 

To access the new automated case information application, visit: https://icor.eoir.justice.gov/en/.

 

Attorney General William P. Barr today announced that Michael Carvajal will serve as the Director of the Bureau of Prisons (BOP).  Current BOP Director Dr. Kathleen Hawk Sawyer will remain as a Senior Advisor to assist him with the transition.

“Today, I am appointing Michael Carvajal Director of the Bureau of Prisons.  Michael’s nearly 30 years of experience with the Bureau will serve him exceptionally well as he takes on these new responsibilities, and I am confident he will do an outstanding job as director.  I want to thank Kathy Hawk Sawyer for her exceptional leadership and helping us identify a highly qualified individual to serve as permanent director.  I am grateful for Kathy’s service and that she has agreed to stay on as a senior advisor to assist the Bureau with this transition.”

Carvajal, a U.S. Army veteran, began his employment with the Bureau of Prisons in 1992 as a correctional officer.  Since then, he took on positions of increasing responsibility for the Bureau, including Employee Development Specialist and Lieutenant at FCI Three Rivers; Captain at FCI Texarkana (TX) and USP Leavenworth (KS); Correctional Services Administrator for the South Central Region (TX); and Associate Warden at FCC Beaumont.  He also served as Warden at FCI Texarkana (TX), and Complex Warden for FCC Pollock (LA), before being promoted to Regional Director for the Northeast Region in July 2016.

As Assistant Director for Correctional Programs since August of 2018, Carvajal was responsible for a wide variety of areas, including designations and sentence computation, the Witness Security and Victim-Witness Programs, security and emergency planning, inmate transportation, and unit and case management operations, and the agency's intelligence efforts that require coordination with law enforcement and counter terrorism agencies around the country.

***

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

A leader of a Guatemalan drug trafficking organization was sentenced today to 23 years in prison for his participation in an international drug trafficking conspiracy, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Wendy Woolcock of the U.S. Drug Enforcement Administration (DEA) Special Operations Division. 

Waldemar Lorenzana-Lima was sentenced by U.S. District Judge Colleen Kollar-Kotelly in the District of Columbia following an Aug. 18, 2014, guilty plea to his participation in an international drug trafficking conspiracy.  The court also ordered Lorenzana-Lima to forfeit $50,949,000.

As Lorenzana-Lima admitted in connection with his guilty plea, from March 1996 to November 2007, Lorenzana-Lima was a member of a drug trafficking organization that would receive, inventory, and store large quantities of cocaine from Colombia at Lorenzana-Lima’s properties in Guatemala, for eventual importation into Mexico and the United States.  The court concluded at sentencing that Lorenzana-Lima’s conduct qualified him as an “organizer or leader” of the drug trafficking organization within the meaning of the applicable sentencing guidelines.

On April 27, 2010, the Department of Treasury’s Office of Foreign Asset Control designated Lorenzana-Lima and his sons, Eliu Lorenzana-Cordon and Waldemar Lorenzana-Cordon, as specially designated narcotics traffickers.  Pursuant to the Foreign Narcotics Kingpin Designation Act, this designation applied as a result of their significant roles in international narcotics trafficking, their significant ties to the Sinaloa Cartel, and their use of family business and agricultural holdings in Guatemala as a front to aid in the northbound movement of illegal drugs through Central America.

The DEA Special Operations Division’s Bilateral Investigations Unit and Guatemala City Country Office led the investigation, which was supported by the Organized Crime Drug Enforcement Task Force program and the Criminal Division’s Office of International Affairs.  In particular, the Justice Department wishes to convey its gratitude to the government of Guatemala for its steadfast commitment, collaboration, and assistance in the investigation, extradition, and prosecution of this case.

Trial Attorneys Brett Reynolds and Anthony Aminoff of the Criminal Division’s Narcotic and Dangerous Drug Section and Trial Attorney Emily Cohen of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case.

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

A federal grand jury in Denver, Colorado, returned an indictment yesterday charging Lawrence Martin Birk with failing to surrender to serve his sentence, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. 

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

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

According to today’s indictment, although Birk was ordered to report to prison in November 2019 to serve his sentence, he fled and remained a fugitive until his recent arrest.  If convicted, Birk faces up to five years’ imprisonment for his failure to appear, in addition to the 60 month term of imprisonment previously imposed.

An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.

Principal Deputy Assistant Attorney General Zuckerman commended the IRS special agents and United States Marshall Service who conducted the investigation, as well as Department of Justice Trial Attorneys Elizabeth C. Hadden and Christopher Magnani, who are prosecuting the case.

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

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

Attorney General William P. Barr and Drug Enforcement Administration Acting Administrator Uttam Dhillon today announced that the DEA will direct enforcement resources to methamphetamine “transportation hubs” — areas where methamphetamine is often trafficked in bulk and then distributed across the country. While continuing to focus on stopping drugs being smuggled across the border, DEA’s Operation Crystal Shield will ramp up enforcement to block their further distribution into America’s neighborhoods.

DEA has identified eight major methamphetamine transportation hubs where these efforts will be concentrated: Atlanta, Dallas, El Paso, Houston, Los Angeles, New Orleans, Phoenix, and St. Louis. Together, these DEA Field Divisions accounted for more than 75 percent of methamphetamine seized in the U.S. in 2019.

“While meth is not a new drug, it has seen a troubling resurgence over the past few years,” said Attorney General William P. Barr. “Manufactured mostly in Mexican labs and smuggled into the United States across the southwest border, meth is a drug that is both cheap and potent, creating a deadly combination. Just as the Trump Administration has acted swiftly to stem the tide of opioid fatalities, it will use every weapon in its arsenal – such as the DEA’s Operation Crystal Shield - to stop dangerous methamphetamine from reaching American neighborhoods and harming American families.”

Operation Crystal Shield builds on existing DEA initiatives that target major drug trafficking networks, including the Mexican cartels that are responsible for the overwhelming majority of methamphetamine trafficked into and within the United States. From FY 2017 to FY 2019, DEA domestic seizures of methamphetamine increased 127 percent from 49,507 pounds to 112,146 pounds. During the same time frame, the number of DEA arrests related to methamphetamine rose nearly twenty percent. 

“For decades, methamphetamine has been a leading cause of violence and addiction – a drug threat that has never gone away,” said Acting Administrator Dhillon. “With a 22 percent increase in methamphetamine-related overdose deaths, now is the time to act, and DEA is leading the way with a surge of interdiction efforts and resources, targeting regional transportation hubs throughout the United States. By reducing the supply of meth, we reduce the violence, addiction, and death it spreads.”

Virtually all methamphetamine in the United States comes through major ports of entry along the Southwest Border and is transported by tractor trailers and personal vehicles along the nation’s highways to major transfer centers around the country. It is often found in poly-drug loads, alongside cocaine, heroin, and fentanyl.

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 U.S. Trustee Program (USTP) is fully prepared to implement the Small Business Reorganization Act of 2019 (SBRA), which goes into effect today.  The SBRA was passed by Congress and signed into law by President Trump last August. 

“The SBRA represents an innovative effort to expedite and reduce the cost of bankruptcy for small business debtors to reorganize their debts and save their businesses,” said USTP Director Cliff White.  “The USTP has spent the past six months preparing for its implementation and is committed to ensuring that the law is carried out as intended.” 

Under the SBRA, small business debtors―defined as entities with less than about $2.7 million in debts that also meet other criteria―may voluntarily elect to proceed under a new subchapter V of chapter 11 of the Bankruptcy Code.  Among other things, subchapter V imposes shorter deadlines for completing the bankruptcy process, allows for greater flexibility in negotiating restructuring plans with creditors, and provides for a private trustee who will work with the small business debtor and its creditors to facilitate the development of a consensual plan of reorganization. 

According to Director White, the USTP’s role in these small business cases is to “appoint private trustees with business experience to serve as subchapter V trustees, minimize the need for costly litigation, and ensure compliance with the Bankruptcy Code and the expeditious resolution of cases.” 

As part of the USTP’s intensive preparation to implement the SBRA, U.S. Trustees conducted a nationwide search for qualified candidates to serve as subchapter V trustees, ultimately selecting about 250 candidates from more than 3,000 applications.  These trustees offer a diverse set of business, accounting, turn-around management, and legal skills.  In addition, the USTP developed a comprehensive manual and handbook to guide staff and subchapter V trustees in carrying out their new SBRA responsibilities; provided extensive training to staff, subchapter V trustees, bankruptcy professionals, and others interested in the new law; and coordinated with the bankruptcy courts on administrative issues to ensure a successful implementation. 

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 Program has 21 regions and 90 field office locations covering 88 judicial districts. Learn more about the 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 announced today that it is requiring Olympus Growth Fund VI L.P. (Olympus Fund VI), its portfolio company Liqui-Box Inc. (Liqui-Box), and DS Smith plc (DS Smith) to divest all of DS Smith’s dairy, post-mix, smoothie, and wine bag-in-box (BiB) product lines in the United States in order for Liqui-Box to proceed with its proposed acquisition of the Plastics Division of DS Smith. Without the divestiture, the proposed acquisition would eliminate competition between two of the primary suppliers of dairy, post-mix, smoothie, and wine BiBs in the United States.

The Justice 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 department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.

“The merger, as originally structured, would have eliminated competition for packaging products that dairies, soft-drink manufacturers, and other food producers rely on to preserve and safely transport liquids to stores, restaurants, and other food processors,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s settlement will ensure that purchasers of BiBs continue to benefit from vigorous competition in the development, manufacture, and sale of these products.”

BiBs, flexible packaging consisting of an engineered plastic bag and attached plastic fitment, are used to store, protect, transport, and dispense various edible liquids. According to the Justice Department’s complaint, Liqui-Box and DS Smith, under its Rapak brand, are two of only three significant U.S. suppliers of dairy, post-mix (e.g., soda syrups and other beverage concentrates), and smoothie BiBs. The companies are also two of only four U.S. suppliers of BiBs that hold and dispense the wine in boxed wines. The Justice Department’s complaint alleges that competition between Liqui-Box and DS Smith for these BiBs has resulted in lower prices, higher quality, and better service, and has fostered innovation leading to the development of new BiB products. According to the complaint, the combination of Liqui-Box and DS Smith’s Plastics Division would eliminate this competition, and likely lead to increased prices, lower quality and service, and diminished investment in research and development.

Under the terms of the proposed settlement, Liqui-Box must divest all of DS Smith’s BiB product lines that overlap with product lines offered by Liqui-Box in the United States, including those for dairy, post-mix, smoothie, and wine BiBs, as well as production facilities in Indianapolis, Indiana, and Union City, California, the Rapak brand, and other production equipment and assets, to TriMas Corporation (TriMas), or an alternate acquirer approved by the United States. TriMas, a Michigan-based manufacturer operating in the consumer products, aerospace, and industrial end markets, already sells a variety of packaging products for the health, beauty and home care, beverage, and industrial markets.

Olympus Fund VI is a Delaware limited partnership with headquarters in Stamford, Connecticut. Olympus Fund VI is a fund of Olympus Partners, which, in 2018, had approximately $8.5 billion total capital under management between its different funds, with Olympus Fund VI comprising approximately $2.3 billion of that total.

Liqui-Box, a portfolio company of Olympus Fund VI, is a Delaware corporation with headquarters in Richmond, Virginia. In 2018, Liqui-Box had total sales of $177 million, including approximately $123 million in sales in the United States.

DS Smith is a United Kingdom public limited company with headquarters in London, England. DS Smith’s Plastics Division is headquartered in Romeoville, Illinois. In 2018, DS Smith’s Plastics Division had total sales of $479 million, including approximately $137 million in sales in the United States.

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 - SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant JOHN LEONARD CRUZ, age 49, from Merizo, was sentenced in the District Court of Guam to 24 months imprisonment,   On August 22, 2019, Cruz entered a guilty plea to Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Section 922(g)(1).  The Court also ordered three years of supervised release, twenty-five hours of community service, and the payment of a mandatory $100.00 special assessment fee.  

          On January 22, 2004, Cruz was convicted in the Superior Court of Guam for Possession of a Schedule II Controlled Substance (As a Third Degree Felony).  As a convicted felon, Cruz was prohibited from possessing a firearm and ammunition.  On August 22, 2018, Cruz knowingly possessed a 12 gauge shotgun and ammunition while hunting.  Cruz did not have a valid firearm license.  He told Guam conservation officers that he received the shotgun from someone so that he could go hunting. 

          U.S. Attorney Anderson states, “Section 922(g) of Title 18 lists a variety of instances where the possession of a firearm or ammunition is prohibited.  The possession of even one round of ammunition can result in a substantial term of imprisonment.  Importantly, federal firearm laws do not provide an exception for felons to possess these items for sporting purposes.  Prohibited persons are therefore encouraged to avoid any circumstances that put them at risk of federal prosecution.”

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

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

          The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Guam Department of Agriculture, Law Enforcement Section. This case was prosecuted by Stephen F. Leon Guerrero, Assistant United States Attorney for the District of Guam.

A Metamora, Michigan, business owner pleaded guilty today to tax evasion and conspiring to steal from an organization receiving federal funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

According to court documents and statements made in court, Anthony Sereno co-owned and operated several businesses in Michigan, including USA Direct LLC (USA Direct), which advertised on behalf of health care providers and solicited individuals for medical and personal injury legal services. During 2013, Sereno diverted funds from USA Direct’s business account for his personal use, but did not include those funds on his individual tax return. He also did not report on that return more than $280,000 in income he directly received from USA Direct.

In 2013, Sereno directed funds from USA Direct’s business account to an intermediary, who used the funds to purchase Michigan traffic crash reports stolen from the Flint Police Department. From 2014 through 2017, Sereno also conspired with Carol Almeranti and Karen Miller to obtain stolen police reports from the Detroit Police Department. Almeranti and Miller previously pleaded guilty to conspiracy charges, and are awaiting sentencing.

U.S. District Court Judge Stephanie Dawkins Davis scheduled Sereno’s sentencing for Aug. 18, 2020. At sentencing, Sereno faces a maximum of five years in prison for each offense. He also faces a period of supervised release, restitution, and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation and the FBI, who conducted the investigation, and Tax Division Trial Attorneys Mark McDonald 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.

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 reached a settlement with Chancery Staffing Solutions LLC (Chancery Staffing), a legal staffing company headquartered in New York, New York, also known as TransPerfect Staffing Solutions (TransPerfect Staffing). The settlement is intended to resolve the Department’s claims that the staffing company violated the Immigration and Nationality Act (INA) when, at a law firm client’s directive, it screened out work authorized non-U.S. citizens and U.S. citizens with dual citizenship from a document review project without a lawful basis.

“Although there are some circumstances where it is permissible to hire only U.S. citizens, staffing agencies may only implement a client’s request to make citizenship status restrictions in hiring if required by law,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with Chancery Staffing to help ensure its hiring procedures comply with the Immigration and Nationality Act’s protections against citizenship status discrimination.”

In May 2019, the Department filed a lawsuit against Chancery Staffing alleging that from at least April 4, 2017, to at least July 7, 2017, the company (operating under the TransPerfect Staffing name) restricted its recruitment and hiring of attorneys for a document review project to U.S. citizens only, and later, to U.S. citizens without dual citizenship, based on a law firm client’s directive. In a prior investigation of the law firm, the Department found that the firm’s request was based on a misunderstanding of the requirements of the International Traffic in Arms Regulations. Had Chancery Staffing independently assessed the basis for the client’s directive, this instance of citizenship status discrimination may have been avoided. 

Pursuant to the settlement agreement, Chancery Staffing will pay a civil penalty of $27,000 and provide back pay to victims who are identified during the term of the settlement agreement. Additionally, Chancery Staffing will train relevant employees about the requirements of the INA’s anti-discrimination provision, and obtain supporting documentation from clients that request a citizenship status restriction when staffing a project to help ensure that any such restriction is lawful. 

Under the INA, it is generally unlawful for employers to discriminate in hiring because of citizenship status unless required by a law or government contract. The Department determined that TransPerfect Staffing had no legal basis to discriminate. In light of the settlement, the parties will jointly seek to dismiss the case.

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

More information on how employers can avoid unlawful citizenship status discrimination is available here. IER will also be offering a free webinar on March 3, 2020 at 3:30 p.m. Eastern time, on how employers can avoid unlawful discrimination under the INA’s anti-discrimination provision.  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.

A former health care consultant pleaded guilty today to mail fraud and tax evasion relating to her scheme to be employed under false pretenses as a highly paid health care consultant, 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, Sonja Emery, using several aliases including “Sonja Lee Robinson,” “Sonjalee Emery-Robinson,” and “Sonjalee Emery,” resided in Georgia, New Jersey, New York, and California.  From 2011 through 2018, Emery falsely represented her professional status, educational background, and work experience to secure and maintain highly paid consulting positions in the health-care industry. She falsely claimed to have a nursing diploma from a school she never attended.  She also falsely claimed to be a Registered Nurse licensed in New York, Georgia, Connecticut, and California and provided employers with licensure numbers that belonged to other people. In fact she never was a Registered Nurse.  Emery also falsely told employers she had a Bachelor of Science in Nursing, a Master of Health Administration, a Master in Business Administration, and a Doctor of Philosophy from Emory University and New York University, but Emery never attended those schools or received these degrees. 

As a result of these lies, from 2012 through 2018, Emery secured high-level health-care positions.  She worked as a Senior Vice President for an Ann Arbor, Michigan healthcare consulting firm earning an annual salary of approximately $285,000; as a consultant for a community health system in Wisconsin earning approximately $267,000; and as a health care consultant for a Massachusetts company that paid her approximately $226,000.  From 2015 until her arrest in May of 2018, Emery worked as a senior executive for a county government health services agency in California that paid her a total of approximately $960,000.

During these years, Emery either did not file or late-filed tax returns, despite owing more than $400,000 in taxes.  She sought to avoid being detected by providing employers with different names and false social security numbers, by falsely instructing employers that she was “exempt” from taxes, and by supplying an employer with an identification number that did not belong to her.

U.S. District Judge Linda V. Parker scheduled sentencing for June 17, 2020.  At sentencing, Emery faces a statutory maximum sentence of 20 years in prison for mail fraud and five years in prison for tax evasion. Emery also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation and Treasury Inspector General for Tax Administration, who conducted the investigation, and Trial Attorneys Jeff McLellan and Jack Morgan of the Tax Division, who are prosecuting the case.

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

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 U.S. District Court for the Northern District of Indiana has issued an order permanently barring Daniel Bewley, a former Hobart and Lake Station, Indiana, tax preparer, from preparing federal tax returns for others, the Justice Department announced today. Bewley consented to the civil injunction order.

According to the complaint, Bewley operated a business that provided tax return preparation services under the names Bewley’s Tax Service and Forward Motion Tax Service. The complaint alleges that Bewley prepared returns that falsely understated the tax due by including false Schedules C that understated the amount of the customer’s income and false Schedules A that contained inflated deductions. The complaint further alleges that Bewley prepared approximately 1,602 tax returns for tax years 2011 through 2014, and that an IRS examination of 208 of those returns determined that 75 percent of the returns falsely understated the amount of tax due.

As set out in the complaint, on Aug. 11, 2017, Bewley pleaded guilty to one count of wire fraud and one count of filing a false tax return in connection with his tax preparation activities, for which he was sentenced to 33 months of imprisonment, and was ordered to serve three years of supervised release and to pay approximately $331,000 in restitution to the United States.

Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2019. Taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a return preparer and has launched a free directory of federal tax preparers.

In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of tax fraud promoters and 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.

On Feb. 14, 2020, a federal court in Ocala, Florida, entered a permanent injunction against Philip Mott Harris II and his business, 24/7 Tax Services LLC, barring them from preparing federal tax returns for others and owning or operating a tax preparation business, the Justice Department announced today. The court also ordered that Harris and 24/7 Tax Services LLC disgorge $544,874.56, representing the ill-gotten gains that they received for the preparation of tax returns. The order was signed by Judge James S. Moody of the U.S. District Court for the Middle District of Florida. 

The government alleged that the defendants prepared tax returns on which the defendants fabricated businesses and related business income and expenses, claimed improper filing status, and reported false household help income.  In the report and recommendation, adopted by Judge Moody, the court found that “over the course of several years, Harris and his other tax return preparers have continually filed returns misrepresenting their customers’ income, deductions, and income tax liability–and have continued to do so even after the United States filed its complaint in this action.” The court further concluded “that injunctive relief is appropriate, and that a more limited injunction will not suffice to prevent the substantial harm that Defendants would likely continue to cause if not permanently enjoined.”

“The Tax Division will use all available enforcement tools to shut down return preparers who claim improper or illegal deductions and credits for their customers,” 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.

Amhad Jones, 26, pleaded guilty to five counts of interfering with commerce by robbery and three counts of using a firearm during and in relation to a crime of violence for a series of armed robberies in Cleveland, Ohio last year. 

According to court records and Jones’ acknowledgements during the change of plea hearing:

On January 18, 2019, Jones entered the Metro PCS store located at 9312 Harvard Avenue, Cleveland, Ohio.  He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee.  The employee gave him approximately $900 and Jones fled.

On February 6, 2019, Jones entered the Metro PCS store located at 10959 Kinsman Road, Cleveland, Ohio.  He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee.  The employee gave him approximately $250 and Jones fled.

On February 13, 2019, Jones entered the Metro PCS store located at 14701 Kinsman Road, Cleveland, Ohio.  He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee.  The employee gave him approximately $350 and Jones fled.

On April 19, 2019, Jones entered the Metro PCS store located at 14701 Kinsman Road, Cleveland, Ohio.  He walked up to the counter, then he pulled out a pistol and brandished it at the employee.  The employee gave him approximately $300-$800 and Jones fled.

On April 23, 2019, Jones entered the Metro PCS store located at 9312 Harvard Avenue, Cleveland, Ohio.  He stated he wanted to pay his bill, then he pulled out a pistol and brandished it at the employee.  The employee, a concealed carry permit holder, retrieved his own pistol and shot Jones three times.  Jones received medical attention and was later arrested.  A pistol was recovered from Jones. 

This prosecution is part of Project Guardian, the Justice Department’s signature initiative to reduce gun violence and enforce federal firearms laws. 

This case is also part of Project Safe Neighborhoods, a program that surges federal and local law enforcement resources to communities’ most violent neighborhoods in order to root out offenders and build positive relationships with victims, witnesses and community members. 

This case was investigated by the Cleveland Division of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Cuyahoga County Prosecutor’s Crime Strategies Unit, and prosecuted by Assistant U.S. Attorney Kelly L. Galvin.

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A federal grand jury returned an indictment against Hitoshi Hashimoto and Hiroyuki Tamura for their role in a global conspiracy to fix prices for suspension assemblies used in hard disk drives, the Department of Justice announced today. 

Hashimoto and Tamura, both Japanese citizens, are former top sales executives at NHK Spring Co. Ltd. (NHK Spring), which has pleaded guilty and been sentenced to pay a $28.5 million fine. 

The indictment, filed yesterday in the U.S. District Court for the Northern District of California, alleges that, from at least as early as May 2008 and continuing until at least April 2016, Hashimoto and Tamura participated in a conspiracy with their competitors to stabilize, maintain, and fix the prices of suspension assemblies used in hard disk drives.  The conspirators accomplished their scheme by, among other things, agreeing to refrain from competing on prices and allocating their respective market shares.  The conspirators also exchanged pricing information including anticipated pricing quotes, which they used to inform their negotiations with U.S. and foreign customers that purchased suspension assemblies and produced hard disk drives for sale in, or delivery to, the United States and elsewhere.   

“This charge demonstrates that antitrust violations are not just corporate offenses but also crimes by individuals,” said Assistant Attorney General Makan Delrahim of the Antitrust Division.  “The Antitrust Division is committed to prosecuting culpable senior executives who circumvent the antitrust laws in order to cheat consumers.”

“The FBI, through its International Corruption Unit, is dedicated to ensuring the U.S. market remains free and open,” said Assistant Director Calvin Shivers of the FBI Criminal Investigative Division. “The individuals indicted yesterday tried to cheat the system and unfairly profit at the expense of American consumers. The FBI, with our partners at the United States Postal Service Office of Inspector General and the Department of Justice, disrupted their scheme and now these individuals will face justice.”

“The U.S. Postal Service spends hundreds of millions of dollars every year on supplies and services related to information technology, including computers and associated hardware,” said Special Agent in Charge Scott Pierce, U.S. Postal Service Office of Inspector General. “These indictments send an important message to anyone who might engage in conduct violating the Sherman Antitrust Act.  Along with the Department of Justice and our federal law enforcement partners, the U.S. Postal Service Office of Inspector General will continue to aggressively investigate those who would engage in this type of harmful behavior.”

Suspension assemblies are components of hard disk drives, which are used to store information electronically and are incorporated into computers or sold as stand-alone electronic storage devices.  Hard disk drives use magnetic recording heads to read from and write onto rapidly spinning disks.  Suspension assemblies hold the recording heads in close proximity to the disks and provide the electrical connection from the recording heads to the hard disk drives’ circuitry.

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

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

Today’s announcement is the result of an ongoing federal antitrust investigation being conducted by the Antitrust Division’s Washington Criminal II Office, the International Corruption Unit of the FBI, and the United States Postal Service Office of Inspector General.  Anyone with information in connection with this investigation is urged to call the Washington Criminal II Section at 202-598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.