District Not Recorded

A former Commander of Naval Station Guantanamo Bay (GTMO) was convicted by a federal jury today of obstructing justice and making false statements, among other charges, in connection with the death of a civilian at the naval base.

John  Nettleton, 54, of Jacksonville, Florida, was convicted of obstructing justice, concealing information, falsifying records and making false statements, all related to his actions during the Navy’s investigation of the death of Christopher M. Tur, the Loss Prevention Safety Manager at GTMO’s Naval Exchange.  A sentencing date has not been scheduled.

“Captain Nettleton dishonored his oath and impeded the investigation into a civilian's tragic death, preventing much needed closure for the family and friends of the deceased," said Assistant Attorney General Brian A. Benczkowski of the Justice Department's Criminal Division.  “Today's verdict demonstrates the department's steadfast commitment to holding accountable those who abuse their positions of public trust and obstruct justice.”

“By deliberately misleading NCIS during the investigation into the tragic death of Mr. Tur, Captain Nettleton delayed justice and wasted valuable Department of the Navy resources,” said Special Agent in Charge Matthew Lascell of the Naval Criminal Investigative Service’s (NCIS) Southeast Field Office. “NCIS is dedicated to holding those who unlawfully impede investigations accountable for their actions.”

Tur, 42, was found drowned in the waters of Guantanamo Bay on Jan. 11, 2015.  An autopsy revealed that Tur had suffered injuries prior to his drowning.  At the time of Tur’s death, Nettleton was the Commanding Officer of GTMO.  Nettleton was indicted in January 2019. 

According to the evidence at trial, Tur confronted Nettleton at a party at the GTMO Officers’ Club on Jan. 9, 2015, with allegations that Nettleton and Tur’s spouse had engaged in an extramarital affair.  Later that same evening, Tur went to Nettleton’s residence and a physical altercation ensued that left Tur injured.  Tur was reported missing on Jan. 10, 2015, by other residents of GTMO.  Nettleton also did not report that Tur had accused him of the extramarital affair, that Nettleton and Tur had engaged in a physical altercation at Nettleton’s residence, or that Tur had been injured.  Nettleton persisted in concealment and false statements as the search for Tur continued and then during the investigation into the circumstances of his death.

The Naval Criminal Investigative Service investigated the case.  Deputy Chief Todd Gee and Trial Attorney Peter M. Nothstein of the Criminal Division’s Public Integrity Section prosecuted the case.  Former Public Integrity Section Trial Attorney Mark Cipolletti also assisted in the investigation.

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

A Washington, D.C. man was sentenced yesterday to 60 days’ incarceration, two years of supervised release, a $50,000 fine and 300 hours of community service for violating the Toxic Substances Control Act in the course of renovating a Washington, D.C., property without following lead-safe work practices and lead disclosure requirements.

Mohammad Sikder, 60, had previously pled guilty to these offenses on June 20, 2019, before the Honorable Amy Berman Jackson. Sikder’s solely held company, District Properties LLC, also pled guilty to making false statements, at Sikder’s direction, in 25 building permit applications to the District of Columbia Department of Consumer and Regulatory Affairs (DCRA). These applications understated the age of the homes being renovated, with the intent to avoid regulatory scrutiny of inadequate lead-based paint safety measures at those properties. Judge Jackson sentenced District Properties LLC to a $150,000 fine and two years’ probation with special condition of funding 3 lead-paint awareness seminars for real estate developers and contractors.

“Skirting laws that govern the use of toxic substances puts the public’s health at risk, and doing so will get you investigated and prosecuted,” said Jeffrey Bossert Clark, Assistant Attorney General for the Environment and Natural Resources Division. “Lead-safe work practices and disclosure requirements provide essential protections from lead exposure, and this case shows that business owners and individuals who violate them will get jail time and pay a substantial penalty.”

“The defendant is being held accountable for providing false information on the permit application concerning the age of the building and using untrained workers to remove lead paint from the property,” said Jennifer Lynn, Special Agent in Charge of EPA’s criminal enforcement program in the District of Columbia. “Today’s sentencing sends a clear signal that EPA and its law enforcement partners are committed to enforcing environmental laws that protect the health and safety of our communities.”

In 2018, the U.S. Environmental Protection Agency (EPA), Housing and Urban Development (HUD), and U.S. Health and Human Services (HHS) launched the Trump Administration’s Federal Lead Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts. EPA and the Justice Department are working together to investigate and prosecute those who violate lead-safe work practices and lead disclosure requirements under TSCA.

Lead poisoning continues to be a major environmental health problem in the United States, although it is completely preventable. The most common source of childhood lead poisoning is lead-based paint in older homes, and the primary exposure pathway is ingestion of lead-contaminated dust. Lead is a toxic substance that can cause permanent damage, and is regulated under the Toxic Substances Control Act. Under the Renovation, Repair and Painting Rule (RRP Rule), contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.

According to a statement of offense filed along with the plea agreements, Sikder and District Properties LLC purchased and renovated a property in Washington, D.C., without following the requirements of the RRP Rule. In 2014, the company submitted a building permit application to DCRA for addition, alteration, and repair of the property. At Sikder’s instruction, the employee submitting the permit application, under the section of the application titled “Lead Abatement,” falsely indicated that the property was built after 1978. During the summer and fall of 2014, a contractor conducted demolition at the property without following RRP Rule safe work practices. The demolition work included removing windows, removing interior and exterior painted surfaces, and removing floor and ceiling joists.

A Sept. 24, 2015, Occupational Safety and Health Administration inspection revealed multiple hazards, including employees performing manual demolition on a wall surface that had paint containing lead; the lack of an employee exposure assessment to determine actual employee exposure; the lack of lead training to employees; and proper sanitation practices not being followed. Sampling analysis showed lead present on the dump truck and employees’ hands. When the property was properly remediated and sold, Sikder and District Properties LLC did not provide the purchasers with this information and with a report documenting the prior existence of lead-based paint at the property.

Between 2011 and 2017, District Properties LLC submitted 25 renovation permit applications for properties in Washington, D.C., on which the company falsely represented that the properties had been built after 1978, thereby circumventing additional permitting requirements and avoiding EPA oversight with respect to RRP Rule compliance, which would be triggered by an accurate permit application.

The investigation was handled by the EPA-Criminal Investigations Division, in partnership with the Metropolitan Police Department Environmental Crimes Unit. Trial Attorney Cassandra J. Barnum of the Environmental Crimes Section is prosecuting the case.

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

A Pennsylvania anesthesiologist was sentenced to 30 months in prison today for filing a false income tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

From 2010 through 2018, James G. Allen Jr., 54, filed and caused the filing with the Internal Revenue Service (IRS) of sixteen false tax returns for himself and his wife.  On these tax returns, Allen did not report more than $3 million in income that the pair earned as anesthesiologists.  In addition to filing false tax returns, Allen took steps to conceal the couple’s assets and income from the IRS, including depositing money in an offshore bank account held in the Bailiwick of Jersey, wiring money to Columbia to purchase a house, purchasing cryptocurrency and gold, and registering a vehicle in the name of a purported church. In total, Allen caused a tax loss of more than $900,000 to the United States.

In addition to the term of imprisonment, U.S. District Judge Arthur J. Schwab ordered Allen to serve a one year term of supervised release and pay restitution to the IRS in the amount of $ 1,084,658.52.  

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Melissa S. Siskind and Carl F. Brooker, IV 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 at www.justice.gov/tax.

A federal grand jury in Washington, D.C. returned an indictment today charging an Indianapolis, Indiana, resident with conspiracy to file false claims, wire fraud, aggravated identity theft, aiding and assisting the preparation of false tax returns, and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to the indictment, Awett Tedla was the owner and operator of Speedy Tax Services LLC, a tax preparation business in Washington, D.C. and District Heights, Maryland. From 2012 through 2016, Tedla and her coconspirators allegedly obtained and used third party identities to file fraudulent tax returns with the Internal Revenue Service (IRS) claiming tax refunds. The indictment also charges that from 2013 through 2016, Tedla falsified her own personal returns by omitting business receipts.

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

If convicted, Tedla faces a statutory maximum sentence of 20 years in prison for each count of wire fraud, 10 years in prison for conspiring to file false claims for refunds, five years in prison for each count of tax evasion, and a mandatory sentence of two years in prison for aggravated identity theft. Tedla also faces a term of supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman thanked agents of IRS-Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Mark McDonald and Sean Green of the Tax Division, who are prosecuting the case.

The Department of Justice announced a proposed rule today that would implement President Trump’s Executive Order No. 13831 (May 3, 2018), remove regulatory burdens on religious organizations, and ensure that religious and non-religious organizations are treated equally in DOJ-supported programs.  The proposed rule ensures that DOJ-supported social service programs are implemented in a manner consistent with the Constitution and other applicable federal law. 

The department also announced, in conjunction with the Department of Education, guidance on school prayer.  The updated guidance provides information on legal protections for prayer and other religious expression in public schools. 

“Since our nation’s founding, there has always been a strong consensus about the centrality of religious liberty in the United States and the freedom of religious expression,” said Attorney General William P. Barr.  “The Framers of the Constitution believed that both were indispensable to sustaining our free system of government.  The actions taken by the administration today will hopefully help secure religious freedom in our country for decades to come.”

Background on Equal Treatment of Faith-Based Organizations

Under current regulations that govern DOJ-supported programs, religious providers of social services — but not other providers of social services — must make referrals under certain circumstances and must post notices regarding this referral procedure.  These regulatory burdens had been required by then-President Obama’s Executive Order No. 13559 (Nov. 17, 2010).  Consistent with President Trump’s Executive Order No. 13831 (May 3, 2018), the DOJ’s proposed rule would eliminate them from DOJ regulations.  As the DOJ’s proposed rule observes, these burdens were not required by any applicable law, and because they were imposed only on religious social service providers, they are in tension with recent Supreme Court precedent regarding nondiscrimination against religious organizations.  The proposed rule also will foreclose other unequal treatment of religious organizations by ensuring that they are not required to provide assurances or notices that are not required of secular organizations. 

In addition, the proposed rule will clarify that religious organizations may apply for awards on the same basis as any other organization and that when DOJ selects award recipients, DOJ will not discriminate based on an organization’s religious character.  The proposed rule also clarifies that religious organizations participating in DOJ-supported programs retain their independence from the government and may continue to carry out their missions consistent with religious freedom protections in federal law, including the Free Speech and Free Exercise Clauses of the First Amendment. 

The proposed rule incorporates the Attorney General’s 2017 Memorandum for All Executive Departments and Agencies, Federal Law Protections for Religious Liberty.  That memorandum was issued pursuant to President Trump’s Executive Order No. 13798 (May 4, 2017), and it guides all federal administrative agencies and executive departments in complying with federal law.

Background on School Prayer Guidance

Section 8524(a) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act and codified at 20 U.S.C. § 7904(a), requires the Secretary of Education to issue guidance to State educational agencies (SEAs), local educational agencies (LEAs), and the public on constitutionally protected prayer in public elementary and secondary schools.  It requires the Department of Justice’s Office of Legal Counsel to review the guidance prior to distribution to ensure that it represents the current state of the law.  In addition, section 8524(b) requires that, as a condition of receiving ESEA funds, an LEA must certify in writing to its SEA that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public schools as detailed in this updated guidance.

The purpose of this updated guidance is to provide information on the current state of the law concerning religious expression in public schools.  Part I is an introduction.  Part II clarifies the extent to which prayer in public schools is legally protected.  LEAs and SEAs are responsible, under section 8524(b) of the ESEA, to certify their compliance with the standards set forth in Part II.

Part III of this updated guidance generally addresses principles of religious liberty that relate to religious expression more broadly, including prayer, in accordance with Executive Order 13798 (May 4, 2017), 82 Fed. Reg. 21675 (May 9, 2017), and the Attorney General’s Memorandum on Federal Law Protections for Religious Liberty of October 7, 2017, 82 Fed. Reg. 49668 (Oct. 26, 2017) (AG Memo).  It is meant to advise SEAs and LEAs on how to comply with governing constitutional and statutory law, but it is not a part of the required certification under section 8524(b) of the ESEA.  Part IV discusses the Equal Access Act, which provides statutory protection for religious expression in public schools.  These broader principles were drawn substantially from a 1995 presidential memorandum, Memorandum on Religious Expression in Public Schools, 2 Pub. Papers 1083 (July 12, 1995), and a 1998 Department of Education memorandum, Richard W. Riley, U.S. Secretary of Education, Religious Expression in Public Schools: A Statement of Principles (June 1998).

The Office of Legal Counsel in the Department of Justice and the Office of General Counsel in the Department of Education have jointly approved this updated guidance as reflecting the current state of the law.  This updated guidance will be made available on the Department of Education’s website (www.ed.gov) and the Department of Justice’s website (www.justice.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.

Two Peruvian men pleaded guilty today to conspiracy to commit mail fraud and wire fraud for operating a large fraud and extortion scheme, the Department of Justice announced. 

Johnny Enso Hidalgo Marchan, 40, and Rodolfo Hermoza, 44, oversaw call centers in Peru that used government impersonation, lies, and threats to steal money from thousands of U.S. Spanish-speaking victims.  Both men were extradited from Peru in December 2019.     

As part of their guilty pleas, Hidalgo and Hermoza admitted that they falsely posed as attorneys affiliated with U.S. courts and government agencies in threatening victims with detention, confiscation of property, credit ramifications, deportation, and community-service requirements to obtain payments from the victims.  U.S. consumers lost over $1 million to the defendants’ fraud scheme. 

“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud U.S. consumers, wherever they are,” said Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division.  “Disrupting transnational telemarketing fraud schemes — especially those that target vulnerable populations — is a priority for the Department of Justice.  Criminals responsible for those schemes will not escape justice by placing their calls from abroad.”

Hidalgo and Hermoza managed and operated Peruvian call centers based in Lima and Cajamarca, Peru, that worked in partnership with another entity in Miami, Florida.  Hidalgo, Hermoza, and their employees in Peru used Internet-based telephone calls to lie to and threaten Spanish-speaking victims in the United States.  The callers often falsely accused the victims of having failed to accept delivery of certain products and claimed that the victims owed thousands of dollars in fines and that court proceedings would be brought against them.  In reality, the victims — many of whom were elderly — had never ordered or received the products.

The defendants and other call center employees claimed that the consumers could resolve the supposed debts and avoid threatened consequences if they immediately paid a “settlement fee.”  Consumers who contested the settlement fees were told that failure to pay could lead to harmed credit, arrest, deportation, or seizure of property.  

“Individuals who defraud American consumers will be brought to justice, no matter where they are located,” said U.S. Attorney Fajardo Orshan of the Southern District of Florida.  “Protecting the elderly and vulnerable members of our community from schemes, such as this one, is a top priority of this Office and the Department of Justice.”

“The U.S. Postal Inspection Service will not allow overseas criminal enterprises to illegally enrich themselves by using the mail to defraud consumers in the United States,” said Miami Division Postal Inspector in Charge Antonio J. Gomez.  “With the continued cooperation of foreign governments these criminals will be aggressively pursued and brought to justice.”

A 37-count federal indictment was filed against the defendants in the U.S. District Court for the Southern District of Florida in June 2015 and was unsealed upon the defendants’ Dec. 18, 2019 extradition to the United States.  A third defendant was also charged with conspiracy, mail fraud, wire fraud, and attempted extortion charges and is currently pending trial. 

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

Two individuals previously were brought to justice in connection with this scheme.  In 2014, charges were brought against Angeluz and Maria Luzula of Miami and Juan Alejandro Rodriguez Cuya of Lima, Peru.  Luzula pleaded guilty to all counts against her midway through trial and was sentenced to serve 165 months in prison.  Rodriguez Cuya was convicted following a two-week trial.  U.S. District Court Judge Patricia A. Seitz sentenced Rodriguez Cuya to serve 210 months in prison. 

The case is being prosecuted by Trial Attorney Phil Toomajian of the Department of Justice’s Consumer Protection Branch.  The U.S. Postal Inspection Service investigated the case.  The Criminal Division’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the Department of State Diplomatic Security Service, and the Peruvian National Police provided critical assistance. 

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In particular, this past March the Department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep.  The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  

More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage.  For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.  Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.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.

A federal jury convicted a Texas attorney John O. Green and his client Thomas Selgas today for conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. The jury also convicted Selgas of tax evasion. Selgas’s wife, Michelle Selgas, was acquitted of conspiring to defraud the United States and tax evasion.

According to the evidence presented at trial, Selgas conspired with Green, an attorney licensed to practice in Texas, to defraud the United States by obstructing the Internal Revenue Service (IRS) from assessing and collecting Selgas’s taxes. Selgas and his wife owed approximately $1.1 million in outstanding taxes that Selgas refused to pay. When the IRS made efforts to collect the outstanding taxes, Selgas concealed funds by using Green’s Interest on Lawyers Trust Account

(IOLTA) rather than using accounts in his own name. An IOLTA is a bank account used by a lawyer to hold money in trust for clients. From 2007 to 2017, Selgas deposited proceeds from the sale of gold coins and other income into Green’s IOLTA and Green would then pay the Selgases personal expenses, including their credit card bills, from that account. Selgas and Green also filed a false tax return on behalf of MyMail, Ltd., an intellectual property development and licensing partnership Selgas co-founded, omitting a substantial portion of the partnership’s income.

U.S. District Judge Karen Gren Scholer will set sentencing at a later date. Selgas faces a statutory maximum sentence of five years in prison for each of the conspiracy and tax evasion counts.

Green faces a maximum sentence of five years in prison for the conspiracy count. They also face a period of supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman thanked agents of the IRS - Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Robert A. Kemins and Mara Strier, who are prosecuting the case.

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

The Department of Justice announced today that it will not challenge a proposal by the American Optometric Association (the Association) to expand its group purchasing organization’s (GPO) activities to include the purchase of optometric products for resale to consumers, namely corrective eyeglass lenses, eyeglass frames, and contact lenses.  The department said that the proposed expansion is unlikely to produce anticompetitive effects.  Moreover, the expansion could produce discounts for the Association’s members and ultimately lead to lower prices for optometric products for consumers.  The department’s position was stated in a business review letter to counsel for the Association and the GPO from Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.

Many joint purchasing arrangements among healthcare providers do not raise antitrust concerns where these arrangements can produce efficiencies that benefit consumers, including reducing transaction costs.  A healthcare joint purchasing arrangement, however, can raise antitrust concerns if the arrangement drives down the price of a product or service being purchased below competitive levels or if the arrangement facilitates price fixing or other anticompetitive conduct.  Certain safeguards, however, can reduce the risk of a joint purchasing arrangement facilitating price fixing or other anticompetitive conduct. 

According to representations made by the Association and the GPO, the Association will follow the three safeguards discussed in Statement 7 of the Statements of Antitrust Enforcement Policy in Health Care to reduce the risk of facilitating price fixing.  Those safeguards are that (1) GPO participants will not be required to make any of their optometric-product purchases through the GPO, (2) a third party will negotiate prices with the GPO’s suppliers, and (3) communications between the GPO and each individual participant regarding prices will be kept confidential from other GPO participants. In addition, no optometric product manufacturer maintains any financial stake, makes any financial contributions, or holds any ownership or board positions in the Association or the GPO. 

Based on the information submitted and representations made by the Association and the GPO, the department has no present intention to challenge the expansion of the Association’s GPO to include the purchase of optometric products for resale to consumers.

Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the Division currently intends to challenge the action under the antitrust laws based on the information provided. The department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.

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

The 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 several significant developments in the implementation of the First Step Act (FSA) in a report published today.

“Today is another milestone in implementing the First Step Act,” said Attorney General William P. Barr.  “Beginning today, inmates will have even greater incentive to participate in evidence-based programs that prepare them for productive lives after incarceration.  This is what Congress intended with this bipartisan bill.  The First Step Act is an important reform to our criminal justice system, and the Department of Justice is committed to implementing the Act fully and fairly.”

Some of the key developments are described here:

• In accordance with the First Step Act and due on Jan. 15, 2020, all inmates in the Bureau of Prisons (BOP) system have received an initial assessment using the Justice Department’s risk and needs assessment tool known as the Prisoner Assessment Tool Targeting Estimated Risk and Need (PATTERN).  Initially released last July, the tool is designed to measure risk of recidivism of inmates.
• As of Jan. 15, 2020, inmates will be assigned to participate in evidence-based recidivism reduction programs and productive activities based on an initial needs assessment conducted by BOP.  Participation and completion of those assigned programs and activities can lead to placement in pre-release custody or a 12-month sentence reduction under the First Step Act.  A list of these programs will be published on the BOP’s website.
• In response to the public comments received and in coordination with the Independent Review Committee (IRC), the Justice Department has made changes to PATTERN that enhance its effectiveness, fairness and transparency.  These changes had only a slight effect on PATTERN’s high-level of predictability and include: 
  • Adding a dynamic measure of offender’s “infraction free” period during his or her current term of incarceration;
  • Modifying programming measures by adding psychology treatment programs (Bureau Rehabilitation and Values Enhancement Program (BRAVE), Challenge, Skills Program, Sex Offender Treatment (both residential and non-residential), Steps Toward Awareness, Growth, and Emotional Strength Program (STAGES), and Step Down programs), the faith-based Life Connections Program (LCP), and the BOP’s Drug Education program, to the “Number of programs completed (any)” measure and combine technical/vocational and Federal Prison Industries (UNICOR) into a new work programming measure; and
  • Removing Age of first arrest/conviction and voluntary surrender.
• The department will also begin a pilot program to publish recidivism data and other First Step Act updates on a quarterly basis.

The efficient and effective implementation of the First Step Act continues to be a priority for the Department of Justice and for the Trump Administration.  In this follow-up report, the Justice Department highlights changes made to PATTERN as a direct result of public input received during the 45-day public comment period that followed its publication in July 2019.  National Institute of Justice (NIJ) held special listening sessions in early September 2019.  During the sessions, NIJ and its partners engaged with stakeholders to ensure BOP can implement the most equitable, effective, and predictive tool possible, and to meet the goals of the FSA.

The BOP is working to incorporate these recommended changes to the risk assessment tool and will conduct a review to determine which inmates may have their risk score and level adjusted.  In the interim, inmates will continue to be assigned to programs and activities based on their risk and needs and if eligible, will receive credit upon completion.  The department believes that any updates to an inmate's risk score based on these changes will be minimal.

The department continues to work with the IRC and our experts to identify ways to improve PATTERN, while maintaining its high level of predictability, in addition to the feedback received from a range of stakeholders.  This input has been invaluable as we strive to ensure the equity and effectiveness of PATTERN.

In addition, the Justice Department will soon release a funding opportunity to support continued implementation of the FSA.  In the coming weeks, the NIJ will solicit proposals for a five-year project to review and revalidate PATTERN.  For more information visit the NIJ webpage .

Implementation Progress, New and Expanded BOP Programs Under FSA.

The FSA provides for eligible inmates to earn time credits if they participate and complete assigned evidence-based recidivism reduction programs or productive activities.  It also provides for the expansion of existing programs that allow for compassionate release and home confinement.

Releases for Good Conduct Time. In July 2019, over 3,100 federal prison inmates were released from the Bureau of Prisons’ custody as a result of the increase in good conduct time under the Act.

Retroactive Resentencing.  The Act’s retroactive application of the Fair Sentencing Act of 2010 (reducing the disparity between crack cocaine and powder cocaine threshold amounts triggering mandatory minimum sentences) has resulted in 2,471 orders for sentence reductions.

Compassionate Release.  The BOP updated its policies to reflect the new procedures for inmates to obtain “compassionate release” sentence reductions under 18 U.S.C. Section 3582 and 4205(g). Since the Act was signed into law, 124 requests have been approved, as compared to 34 total in 2018.

Expanded Use of Home Confinement. The FSA authorizes BOP to maximize the use of home confinement for low risk offenders.  Currently, there are approximately 2,000 inmates on Home Confinement.  The legislation also expands a pilot program for eligible elderly and terminally ill offenders to be transitioned to Home Confinement as part of a pilot program.  Since enactment of the law, 379 inmates have been approved for participation under the pilot program.

Drug Treatment. The BOP has always had a robust drug treatment strategy.  Offenders with an identified need are provided an individualized treatment plan to address their need.  In FY 2019, approximately 14,800 offenders enrolled in Residential Drug Abuse Program (RDAP), almost 21,000 offenders enrolled in Non-residential drug treatment, and almost 23,000 offenders participated in Drug Education. 

Medication Assisted Treatment (MAT). The FSA requires BOP to assess the availability of and the capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.  In the wake of the opioid crisis, this initiative is important to improve reentry outcomes.  Every inmate within 15 months of release who might qualify for MAT has been screened.

Effective Re-Entry Programming. FSA implementation includes helping offenders successfully reintegrate into the community – a critical factor in preventing recidivism and, in turn, reducing the number of crime victims.  Finding gainful employment is an important part of that process.  In furtherance of this goal, the BOP launched a “Ready to Work” initiative to connect private employers with inmates nearing release under the FSA.

Other BOP programs directed towards the full implementation of the FSA include the operation of twenty pilot dog programs, the development of a youth mentoring program, the identification of a dyslexia screening tool, and issuance of a new policy for its employees to carry and store personal weapons on BOP institution property.  BOP has also updated existing guidance and training concerning the use of restraints on pregnant inmates, as well as verified that existing policies and contracts comply with the FSA requirement to provide sanitary products to female offenders free of charge.  BOP also offers de-escalation training to its employees and officers in accordance with the Act.  Finally, BOP has updated its mental health awareness training regarding inmates with psychiatric disorders, and more than 33,700 BOP employees have already received the updated training.

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 court in eastern Michigan permanently enjoined a Hamtramck, Michigan, firm from processing or distributing ready-to-eat seafood salads as well as non-seafood salads, pierogis, and dips processed under insanitary conditions, the Department of Justice announced today. 

In a complaint filed on Jan. 13, 2020, at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that defendants Home Style Foods Inc., the company’s president, Michael J. Kowalski, and the company’s quality manager, Juan Valesquez, violated the Food, Drug and Cosmetic Act by processing and distributing fish products and other food, including salads, pierogis, and dips, in a facility where government inspectors previously found evidence of listeria contamination.  The complaint also alleged violations of seafood safety regulations designed to mitigate hazards associated with the processing of fish and fishery products.  According to the complaint, FDA issued a warning letter to Home Style Foods in April 2016.

“The Department of Justice is committed to safeguarding consumer health by rigorously enforcing America’s food safety laws,” said Assistant Attorney General Jody Hunt for the Justice Department’s Civil Division.  “We will continue to work with FDA to ensure that companies take food sanitation and safety laws seriously.”

“Michigan’s food supply should always be safe, and that is why the Justice Department takes this case so seriously,” said U.S. Attorney Matthew Schneider for the Eastern District of Michigan.  “There simply is no excuse for serving contaminated food products.”

“After repeated food safety violations, the FDA worked with DOJ to obtain this injunction in order to prevent potentially contaminated food from reaching consumers.  The company failed to take the appropriate corrective actions resulting in this action,” said FDA Chief Counsel Stacy Cline Amin, J.D.  “When a company fails to follow the law, the government will take action to protect the food supply.”

The defendants agreed to be bound by a consent decree filed with the complaint in U.S. District Court for the Eastern District of Michigan.  The order entered by the Court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and requires Home Style Foods to stop processing and distributing its products unless it complies with specific remedial measures set forth in the injunction.

Trial Attorney Danielle Serbin of the Civil Division’s Consumer Protection Branch represented the United States with the assistance of Noah T. Katzen, Associate Chief Counsel, U.S. Department of Health and Human Services, Office of the General Counsel, Food and Drug Division, and the U.S. Attorney’s Office for the Eastern District of Michigan.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of Michigan, visit its website at www.justice.gov/usao-edmi. 

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 and Stanford University will hold a public workshop on Feb. 12, 2020, to explore the intersection between venture capital and antitrust law. The full-day workshop will discuss trends in venture capital investment from the 1990s through present, with a focus on what antitrust enforcers can learn from investors about how to identify nascent competitors in markets dominated by technology platforms. The workshop will also address proposed solutions to concerns that competitive alternatives to the market-leading platforms are not attractive investment opportunities. 

The Justice Department’s Antitrust Division and the Stanford Graduate School of Business will co-host the workshop, which will bring together venture capitalists, academics from both law and business, and other tech industry stakeholders. The Antitrust Division and Stanford intend to explore the practical considerations that early stage investors face when calculating the risks of investing in a startup and exit strategies.

“The Antitrust Division is excited to partner with Stanford University on this workshop to learn from participants in the venture capital industry, who must predict the future of technology markets on a daily basis,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Private investment plays a critical role in the dynamic competition that characterizes many technology markets, and it is fundamental to our mission at the Antitrust Division that we understand how market conditions today affect incentives for that investment.”   

Assistant Attorney General Delrahim will open the workshop, followed by a fireside chat with Michael Moritz of Sequoia Capital regarding trends in venture capital investment.  Next, Stanford Law Professor Doug Melamed will introduce the basic legal framework for venture capitalists to think about antitrust principles, and then a series of panels will examine: (1) kill zones; (2) monetizing data; and (3) investing in platform-dominated markets. Dean Jonathan Levin of the Stanford Graduate School of Business will open the workshop’s afternoon session, which will conclude with a roundtable discussion recapping the competitive concerns raised throughout the day and evaluating proposed solutions to those concerns.   

The Department of Justice invites comments from the public on the topics covered by this workshop. Interested parties may submit public comments online now through March 14, 2020, at ATR.VCworkshop@usdoj.gov. 

The workshop is free and open to the public and will take place at Paul Brest Hall, 555 Salvatierra Walk, Stanford University, from 9 a.m. Pacific Time to 5 p.m. Pacific Time. 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 in the near future on the event webpage. Please register in advance for the workshop at https://law.stanford.edu/event/public-workshop-on-venture-capital-and-antitrust/. Members of the press also should copy Alexei.Woltornist@usdoj.gov on their registration email. Seating will be on a first-come, first-served basis.

Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at ATR.VCworkshop@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 year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.  

CHICAGO — A Chicago man who was recently released from federal prison has been arrested for allegedly stalking and harassing his probation officer.

ISAAC MYLES, 50, was arrested Friday on a federal complaint charging him with cyberstalking.  A detention hearing is scheduled for today before U.S. Magistrate Judge Jeffrey Cole in Chicago.

The charge was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jason R. Wojdylo, acting Chief Deputy U.S. Marshal for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI.  The government is represented by Assistant U.S. Attorney Michael J. Kelly.

Myles has been on supervised release since July 2018 after completing a federal prison sentence.  An officer from the U.S. Probation Department was assigned to meet with Myles at his home or workplace and monitor his compliance with court-ordered conditions of release. 

According to the complaint, Myles partially exposed his genitals to the officer during an official visit to Myles’s home in September 2018.  The Probation Department then reassigned supervision of Myles to a different probation officer.  More recently, Myles repeatedly called the initial officer, leaving sexually explicit voicemails on her phone and referring to the officer in obscene and degrading terms, the complaint states.  From Dec. 1, 2019, to Jan. 2, 2020, approximately 29 calls were placed from Myles’s phone to the officer’s phone, according to the complaint.

The public is reminded that a complaint is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  Cyberstalking is punishable by up to five years in prison.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that PADMINI NAGARAJ, age 62, a resident of Kenner, Louisiana was sentenced on January 9, 2020 by U.S. District Judge Barry W. Ashe to four years’ probation, which includes 250 hours of community service, in connection with her guilty plea to conspiracy to commit health care fraud.  In addition, NAGARAJ was fined $10,000 and agreed to pay restitution to the Medicare program. 

According to court records, NAGARAJ admitted that, between September 2012 and July 2014, in return for accepting illegal health care kickbacks, she referred beneficiaries who she treated at a Louisiana-based psychiatric facility for medically unnecessary home health services and further fraudulently certified that the beneficiaries were eligible to receive such services.  NAGARAJ admitted that she accepted $1,500 a month from four different home health agencies, which were disguised kickbacks.  NAGARAJ also admitted that she moved her patients to the different home health agencies based on whichever agency agreed to pay her a kickback.  The home health agencies then submitted the fraudulent claims to Medicare and were reimbursed for the medically unnecessary home health services.

U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the Department of Health and Human Services for their work investigating the case.  The prosecution of the case is being handled by Jared Hasten, Katherine Payerle, and Claire Yan of the Criminal Division’s Fraud Section.

Maria Christina “Meta” Ullings, the former senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo) and a Dutch national, was extradited from Italy, the Department of Justice announced today.

On Sept. 21, 2010, in the U.S. District Court for the Northern District of Georgia in Atlanta, Ullings was indicted for participating in a long-running worldwide conspiracy to fix prices of air cargo. A fugitive for almost 10 years, Ullings was apprehended by Italian authorities in July 2019 while visiting Sicily. Ullings initially contested extradition in the Italian courts, but after the Court of Appeals of Palermo ruled that she be extradited, she waived her appeal. She arrived in Atlanta on Jan. 10 and made her initial appearance today in the U.S. District Court for the Northern District of Georgia.

“This extradition ruling by the Italian courts – the seventh country to extradite a defendant in an Antitrust Division case in recent years, and the second to do so based solely on an antitrust charge – demonstrates that those who violate U.S. antitrust laws and seek to evade justice will find no place to hide,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “The Division appreciates the cooperation of the Italian authorities in this matter.  With the assistance of our law enforcement colleagues at home and around the world, the Division will aggressively pursue every avenue available in bringing price fixers to justice.”

According to the indictment, Ullings conspired with others to suppress and eliminate competition by fixing and coordinating certain surcharges, including fuel surcharges, charged to customers located in the United States and elsewhere for air cargo shipments.  These air cargo shipments included heavy equipment, perishable commodities, and consumer goods destined for American consumers and shipped by American producers.  Ullings is alleged to have participated in the conspiracy from at least as early as January 2001 until at least February 2006. 

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

Including Ullings, a total of 22 airlines and 21 executives have been charged in the Justice Department’s investigation into price fixing in the air transportation industry.  To date, more than $1.8 billion in criminal fines have been imposed and seven executives have been sentenced to serve prison time.

Ullings is charged with violating the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million criminal fine for individuals.  The maximum fine may be increased to twice the gain derived from 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 Antitrust Division and the FBI led the United States’ extradition effort.  Assistance with the extradition was provided by the Department of Justice Criminal Division’s Office of International Affairs and the U.S. Marshals Service.  The investigation into the air transportation industry has been conducted by the Antitrust Division, the FBI, the Department of Transportation’s Office of the Inspector General, and the U.S. Postal Service’s Office of the Inspector General.

Anyone with information concerning price fixing or other anticompetitive conduct is urged to call the Antitrust Division’s Washington Criminal I Section at 202-307-6694 or visit www.justice.gov/atr/contact/newcase.html.

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

The Department of Justice today withdrew the 1984 DOJ Non-Horizontal Merger Guidelines, and, together with the Federal Trade Commission (FTC), released new draft 2020 Vertical Merger Guidelines (draft guidelines) and seeks public comment. The draft guidelines, open to comment for 30 days, describe how the federal antitrust agencies review vertical mergers to evaluate whether the mergers violate antitrust law. Vertical mergers combine two or more companies that operate at different levels in the same supply chain. The draft guidelines outline the agencies’ principal analytical techniques, practices, and enforcement policy for vertical mergers.

The agencies will review and consider the public comments before issuing final Vertical Merger Guidelines. The agencies cooperated closely in preparing the draft 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 policy with respect to vertical mergers.

“I appreciate the Antitrust Division working to update this decades-old statement regarding the practices and policies of the federal enforcement agencies in this critical area, in coordination with the Federal Trade Commission,” said Deputy Attorney General Jeffrey A. Rosen. “As this effort demonstrates, the Department of Justice is committed to principled and transparent antitrust enforcement, which promotes free enterprise, market competition, and ultimately the welfare of American consumers. We look forward to public input and finalizing this important work, along with the FTC.”

“While many vertical mergers are competitively beneficial or neutral, both the Department and the Federal Trade Commission have recognized for over 25 years that some vertical transactions can raise serious concern,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The revised draft guidelines are based on new economic understandings and the agencies’ experience over the past several decades and better reflect the agencies’ actual practice in evaluating proposed vertical mergers. Once finalized, the Vertical Merger Guidelines will provide more clarity and transparency on how we review vertical transactions. I look forward to receiving comments on these draft guidelines and working with the Federal Trade Commission in finalizing them.”

“Challenging anticompetitive vertical mergers is essential to vigorous enforcement. The agencies’ vertical merger policy has evolved substantially since the issuance of the 1984 Non-Horizontal Merger Guidelines, and our guidelines should reflect the current enforcement approach. Greater transparency about the complex issues surrounding vertical mergers will benefit the business community, practitioners, and the courts,” said FTC Chairman Joseph J. Simons. “We invite comments from all stakeholders to help ensure that the guidelines clearly and accurately convey the agencies’ antitrust enforcement policy with respect to vertical mergers.”

The draft guidelines adopt the principles and analytical frameworks in the agencies’ Horizontal Merger Guidelines, including market definition, the analytic framework for evaluating entry considerations, the treatment of the acquisition of a failing firm or its assets, and the acquisition of a partial ownership interest. The draft guidelines describe the analytical and enforcement considerations that are specific to vertical mergers.

The draft guidelines:

• describe potential anticompetitive effects resulting from vertical mergers, which may include both unilateral and coordinated effects;
• identify foreclosure and raising rivals’ costs and access to competitively sensitive information as potential elements of antitrust harm under unilateral effects;
• describe an analytic framework for analyzing potential anticompetitive effects of foreclosure and raising rivals’ costs;
• discuss how the elimination of double marginalization may mitigate or completely neutralize the potential anticompetitive effects of vertical mergers;
• discuss cognizable merger efficiencies that are specific to vertical mergers;
• provide a number of examples to provide more clarity about the agencies’ analytical methods in evaluating vertical mergers.

Comments on the draft guidelines can be emailed to verticalmergerguidelines@ftc.gov and verticalmergerguidelines@usdoj.gov, and must be received no later than Feb. 11, 2020. 

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.

          SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Violeta E. Manahan, age 59, from Dededo, Guam, was sentenced in the United States District Court of Guam to 41 months imprisonment for Conspiracy to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.  The Court also ordered three years of supervised release following imprisonment, 50 hours of community service, and a mandatory $100 assessment fee.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

          From January 1, 2013, through March 7, 2017, the United States Postal Inspection Service and the Drug Enforcement Administration intercepted two packages in the mail.  The packages were found to contain over 110 grams of methamphetamine hydrochloride (“ice”).  The investigation revealed that Jimmy Law mailed the packages to his ex-girlfriend, Manahan.  Once on Guam, Manahan distributed the drug to others on island.

          U.S. Attorney Anderson stated, “Our federal law enforcement partners continue to aggressively interdict drug shipments destined for Guam via our mail system.  We will identify and target any people or organizations that engage in this illicit conduct.  As this case reveals, there are substantial federal penalties for aiding or conspiring with others to distribute controlled substances.  Those with any role in drug trafficking are potential targets for federal prosecution.”

          This case was the result of a joint investigation by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Rosetta L. San Nicolas, Assistant United States Attorney in the District of Guam.

Capt. Neill’s Seafood Inc. (Capt. Neill’s) of Columbia, North Carolina, and Phillip R. Carawan, the owner, President, and Chief Executive of Capt. Neill’s, were sentenced today by U.S. District Judge Louise Flanagan, in New Bern, North Carolina. Capt. Neill’s was sentenced to a period of five years’ probation and is required to pay a $500,000 fine. Carawan was sentenced to 12 months and one day in prison, followed by three years of supervised release, and is required to pay a $250,000 fine for his role in falsely labeling millions of dollars’ worth of foreign crab meat as “Product of USA.”

“Individuals and companies who seek to profit from the fraudulent mislabeling of seafood harm American fishermen and consumers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “We are committed to working with our law enforcement partners to hold accountable those who engage in seafood fraud and mislabeling.”

“Seafood mislabeling is consumer fraud that undermines efforts of hardworking, honest fisherman and the free market by devaluing the price of domestic seafood,” said Acting U.S. Attorney General Norman Acker III for the Eastern District of North Carolina.  “In this case, the fraudulent scheme artificially deflated the cost of domestic blue crab and gave Carawan an unacceptable economic advantage over law-abiding competitors.”

“Combating seafood fraud continues to be a priority for the NOAA Office of Law Enforcement,” said Director Jim Landon of the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement.  “The effects of this type of fraud impact not only the consumer, but also honest fishermen and the livelihoods of others in the fishing industry.  We will continue to identify and investigate those who seek to undermine the legal requirement to accurately label seafood products.”

Capt. Neill’s and Carawan were engaged in the business of purchasing, processing, packaging, transporting, and selling seafood and seafood products, including crab meat from domestically harvested blue crab. According to their plea agreements, Capt. Neill’s and Carawan admitted that beginning at least as early as 2012, and continuing through June 16, 2015, Carawan directed company employees to repack foreign crab meat into containers labeled “Product of USA,” which Capt. Neill’s then sold to customers as jumbo domestically harvested blue crab. The falsely labeled crabmeat was then sold primarily to wholesale membership clubs, but also to retailers. Capt. Neill’s and Carawan further admitted that during that time period, the retail market value of the mislabeled crabmeat they sold was $4,082.841.

As part of his plea agreement, Carawan further admitted that he and his company could not and did not process sufficient quantities of domestic blue crab to meet customer demands. To make up the shortfall, Carawan and his company used foreign crab meat to fulfill customer orders. During the periods when the company did not have a sufficient supply of domestic crab, Carawan and Capt. Neill’s purchased crab meat (not live crabs) from South America and Asia.

As a result of the plea and sentence, Capt. Neill’s will pay restitution to persons whom the government confirmed purchased Capt. Neill’s jumbo crab meat between 2012 and June 16, 2015. For individuals who wish to see whether they qualify for restitution and for further information on the prosecution, please visit the following site: https://www.justice.gov/usao-ednc/captneillsseafoodvictiminformationpage

This case was part of an ongoing effort by the NOAA Office of Law Enforcement, in coordination with the Food and Drug Administration, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat.

This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of North Carolina. The government is represented by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Gary N. Donner.

The Department of Justice obtained more than $3 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2019, Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division announced today.  Recoveries since 1986, when Congress substantially strengthened the civil False Claims Act, now total more than $62 billion.

“The significant number of settlements and judgments obtained over the past year demonstrate the high priority this administration places on deterring fraud against the government and ensuring that citizens’ tax dollars are well spent,” said Assistant Attorney General Hunt.  “The continued success of the department’s False Claims Act enforcement efforts are a testament to the tireless efforts of the civil servants who investigate, litigate, and try these important cases as well as to the fortitude of whistleblowers who report fraud.”

Of the more than $3 billion in settlements and judgments recovered by the Department of Justice this past fiscal year, $2.6 billion relates to matters that involved the health care industry, including drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians.  This is the tenth consecutive year that the department’s civil health care fraud settlements and judgments have exceeded $2 billion.  The amounts included in the $2.6 billion reflect only federal losses, but in many of these cases the department was instrumental in recovering additional millions of dollars for state Medicaid programs.

In addition to combating health care fraud, the False Claims Act serves as the government’s primary civil tool to redress false claims for federal funds and property involving a multitude of other government operations and functions.  The Act helps to protect our military and first responders by ensuring that government contractors provide equipment that is safe, effective, and cost efficient; to protect American businesses and workers by promoting compliance with customs laws, trade agreements, visa requirements, and small business protections; and to protect other critical government programs ranging from the provision of disaster relief funds to farming subsidies. 

In 1986, Congress strengthened the Act by increasing incentives for whistleblowers to file lawsuits alleging false claims on behalf of the government.  These whistleblower, or qui tam, actions comprise a significant percentage of the False Claims Act cases that are filed.  If the government prevails in a qui tam action, the whistleblower, also known as the relator, typically receives a portion of the recovery ranging between 15 and 30 percent.  Whistleblowers filed 633 qui tam suits in fiscal year 2019, and this past year the department recovered over $2.1 billion in these and earlier filed suits.

Health Care Fraud

The department investigates and resolves matters involving a wide array of health care providers, goods, and services.  The department’s health care fraud enforcement efforts not only recover money for federal health care programs, such as Medicare, Medicaid, and TRICARE, but also help deter fraud schemes that put patients at risk and increase health care costs. 

Reflecting the department’s commitment to holding drug companies accountable for their role in the opioid crisis, two of the largest recoveries involving the health care industry this past year came from opioid manufacturers.  In one matter, as part of a global resolution of criminal and civil claims, Insys Therapeutics paid $195 million to settle civil allegations that it paid kickbacks to induce physicians and nurse practitioners to prescribe Subsys for their patients.  The kickbacks allegedly took the form of sham speaker events, jobs for the prescribers’ relatives and friends, and lavish meals and entertainment.  The government also alleged that Insys improperly encouraged physicians to prescribe Subsys for patients who did not have cancer, and lied to insurers about patients’ diagnoses to ensure payment by federal healthcare programs.  In another matter, Reckitt Benckiser Group plc paid a total of $1.4 billion to resolve criminal and civil liability related to the marketing of the opioid addiction treatment drug Suboxone, which is a formulation of the opioid buprenorphine.  As part of the resolution, RB Group paid $500 million to the United States to resolve civil allegations that it directly or through subsidiaries promoted Suboxone to physicians who were writing prescriptions for uses that were unsafe, ineffective, and medically unnecessary; promoted Suboxone Film using false and misleading claims that it was less susceptible to diversion, abuse, and accidental pediatric exposure than other buprenorphine products; and took steps to delay the entry of generic competition in order to improperly control pricing of Suboxone.

The department also pursued other cases involving drug manufacturers.  For example, Avanir Pharmaceuticals paid over $95 million to resolve allegations that it paid kickbacks and engaged in false and misleading marketing to induce healthcare providers in long term care facilities to prescribe the drug Neudexta for behaviors commonly associated with dementia patients, which is not an approved use of the drug.  The department also continued to investigate efforts by drug manufacturers to facilitate increases in drug prices by funding the co-payments of Medicare patients.  Congress included co-pay requirements in the Medicare program, in part, to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs.  This year, seven drug manufacturers – Actelion Pharmaceuticals US Inc., Amgen Inc., Astellas Pharma US Inc., Alexion Pharmaceuticals, Inc., Jazz Pharmacueticals Inc., Lundbeck LLC, and US Worldmeds LLC – paid a combined total of over $624 million to resolve claims that they illegally paid patient copays for their own drugs through purportedly independent foundations that the companies in fact treated as mere conduits.

The department also reported substantial recoveries involving a variety of other healthcare providers.  Pathology laboratory company Inform Diagnostics, formerly known as Miraca Life Sciences Inc., paid $63.5 million to resolve allegations that it paid kickbacks to referring physicians in the form of subsidies for electronic health records (EHR) systems and free or discounted technology consulting services.  Greenway Health LLC, an EHR software vendor, paid over $57 million to resolve allegations that it misrepresented the capabilities of its EHR product “Prime Suite” and provided unlawful remuneration to users to induce them to recommend Prime Suite to prospective new customers.  Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), paid $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary. 

Procurement Fraud

In the past year, the department also pursued a variety of fraud matters involving the government’s purchase of goods and services.  For example, five South Korea-based companies – SK Energy Co. Ltd., GS Caltex Corporation, Hanjin Transportation Co. Ltd., Hyundai Oilbank Co. Ltd. and S-Oil Corporation – agreed to resolve allegations that they engaged in anticompetitive conduct targeting contracts to supply fuel to the U.S. military in South Korea and made false statements to the government in connection with their agreement not to compete.  The United States Department of Defense paid substantially more for fuel supply services in South Korea than it would have absent collusion on the fuel supply contracts.  In total, the five companies paid over $162 million as part of the False Claims Act settlements.

The Civil Division entered into a $34.6 million settlement with aluminum extrusion manufacturer Hydro Extrusion Portland Inc., formerly known as Sapa Profiles Inc. (SPI), to resolve SPI’s civil liability for causing a government contractor to invoice NASA and the Department of Defense’s Missile Defense Agency (MDA) for aluminum extrusions that did not comply with contract specifications.  Government contractors purchased aluminum extrusions from SPI for use on rockets for NASA and missiles provided to the MDA.  SPI provided those contractors with falsified certifications after altering the results of tensile tests designed to ensure the consistency and reliability of aluminum extrusions. Several of the rockets used by NASA crashed, resulting in the loss of the NASA payloads that they carried.  SPI also resolved related criminal claims arising from the same conduct. 

The department recovered over $27 million from Northrop Grumman Systems Corporation (NGSC) in a settlement resolving False Claims Act allegations related to two battlefield communications contracts with the United States Air Force.  The settlement resolved allegations that NGSC billed the Air Force for labor hours purportedly incurred by individuals stationed in the Middle East who had not actually worked the hours claimed. 

In separate settlement agreements with the Civil Division, American Airlines paid $22 million and British Airways Plc/Iberia Airlines paid $5.8 million to resolve allegations that they falsely reported the times they transferred possession of United States mail to foreign postal administrations or other intended recipients under contracts with the United States Postal Service (USPS).  USPS contracted with the airlines 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 timely deliver that mail to numerous international and domestic destinations.  

The software development company Informatica LLC paid $21.57 million to resolve allegations that it caused the government to be overcharged by providing misleading information about its commercial sales practices that was used in General Services Administration (GSA) contract negotiations.  Informatica allegedly provided false information concerning its commercial discounting practices for its products and services to resellers, who then used that false information in negotiations with GSA for government-wide contracts.  The false disclosures caused GSA to agree to less favorable pricing, and, ultimately, government purchasers to be overcharged. 

Other Fraud Recoveries

The number and variety of judgments and settlements announced during fiscal year 2019 reflect the diversity of fraud recoveries arising under the False Claims Act.  For example, Duke University paid $112.5 million to resolve allegations that it violated the False Claims Act by submitting applications and progress reports that contained falsified research on federal grants to the National Institutes of Health (NIH) and to the Environmental Protection Agency (EPA).  Luke Hillier, the majority owner and former Chief Executive Officer of Virginia-based defense contractor ADS, Inc., paid $20 million to settle allegations that he fraudulently obtained federal set-aside contracts reserved for small businesses that his company was ineligible to receive.  In order to qualify as a small business, companies must satisfy defined eligibility criteria, including requirements concerning size, ownership, and operational control.  The government alleged that Hillier caused ADS to falsely represent that it qualified as a small business concern and that, as a result of Hillier’s representations, his company was awarded numerous small business set-aside contracts for which it was ineligible.  The government previously resolved related claims against ADS for $16 million and Charles Salle, the former general counsel of ADS, for $225,000.

The department also continued its efforts to hold accountable those who seek to abuse their license to remove minerals from federal lands in exchange for the payment of an appropriate royalty.  This past year, gas marketer B. Charles Rogers Gas Ltd. (BCR) and its owners paid over $3.5 million to resolve allegations that they engaged in a scheme to reduce mineral royalty payments for natural gas removed from federal lands.  Another individual who worked with BCR while employed as a gas supply manager at a natural gas distributor paid an additional $800,000 to resolve his alleged role in the scheme.

In another matter, Omega Protein Corp. and Omega Protein, Inc. paid $1 million to resolve allegations that it obtained a loan from the United States by falsely certifying compliance with federal environmental laws.  A leading domestic producer of Omega-3 rich fish oil, protein-rich specialty fishmeal, and organic fish solubles, Omega allegedly certified to the Oceanic and Atmospheric Administration, an agency within the Department of Commerce, that it was complying with federal environmental laws while knowingly and unlawfully discharging pollutants and oil into U.S. waters. 

North Greenville University (NGU) paid $2.5 million to resolve allegations that it submitted false claims to the U.S. Department of Education.  Title IV of the Higher Education Act (HEA) prohibits any institution of higher education that receives federal student aid from making incentive payments to student recruiters based on their success in securing student enrollment.  The settlement resolves allegations that NGU compensated a student recruiting company based on the number of students who enrolled in NGU’s programs, in violation of the prohibition on incentive compensation.  

Holding Individuals Accountable

The department continued its commitment to use the False Claims Act and other civil remedies to deter and redress fraud by individuals as well as corporations.  In addition to the settlements with Luke Hillier and Charles Salle discussed above, the following are additional examples of recoveries involving individuals. 

The department negotiated separate settlements with the individual owners of seven Osteo Relief Institutes for a total recovery from the owners and their clinics of more than $7.1 million.  The settlements resolved allegations that the defendants knowingly billed Medicare for medically unnecessary viscosupplementation injections and medically unnecessary knee braces.  Viscosupplementation is a treatment for osteoarthritis, in which a doctor injects a gel-like fluid into a patient’s knee joint to act as a lubricant and to supplement the natural properties of joint fluid.  The government alleged that these clinics administered viscosupplementation injections to patients who did not need them, used multiple brands of viscosupplements successively on patients without clinical support, and used discounted viscosupplements reimported from foreign countries.  The government also alleged that they provided unnecessary custom knee braces to patients. 

In addition to negotiating a settlement with Vanguard Healthcare LLC for approximately $18 million in allowed claims to resolve allegations of grossly substandard nursing home services, the department also pursued Vanguard’s majority owner and CEO and Vanguard’s former director of operations.  These two individuals collectively paid $250,000 to resolve allegations that five Vanguard-owned skilled nursing facilities submitted false claims to Medicare and Medicaid for nursing home services that were grossly substandard or worthless, including allegations that the facilities failed to administer medications as prescribed, failed to provide standard infection control or wound care, failed to take prophylactic measures to prevent pressure ulcers, and failed to meet basic nutrition and hygiene needs of their residents. 

This year, the department also obtained a $21 million settlement with a compounding pharmacy, Diabetic Care Rx LLC (which does business as Patient Care America), and a private equity firm, Riordan, Lewis & Haden Inc., (RLH) to resolve a lawsuit alleging that they submitted false claims to Tricare, the federal health care program for military members and their families, through their involvement in a kickback scheme to generate referrals of prescriptions for expensive pain creams, scar creams, and vitamins, regardless of patient need.  At the same time as this settlement with Diabetic Care and RLH, the department secured settlements totaling over $300,000 with Diabetic Care Rx’s Chief Executive Officer and former Vice President of Operations.  All of the settlements were based on the defendants’ ability to pay. 

Recoveries in Whistleblower Suits

Of the $3 billion in settlements and judgments reported by the government in fiscal year 2019, over $2.1 billion arose from lawsuits filed under the qui tam provisions of the False Claims Act.  During the same period, the government paid out $265 million to the individuals who exposed fraud and false claims by filing these actions.

The number of lawsuits filed under the qui tam provisions of the Act has grown significantly since 1986, with 633 qui tam suits filed this past year – an average of more than 12 new cases every week.

“Whistleblowers continue to play a critical role identifying new and evolving fraud schemes that might otherwise remain undetected,” said Assistant Attorney General Hunt.  “Taxpayers have benefitted greatly from these individuals who are often required to make substantial sacrifices to bring these schemes to light.”

In 1986, Senator Charles Grassley and Representative Howard Berman led the successful efforts in Congress to amend the False Claims Act to, among other things, encourage whistleblowers to come forward with allegations of fraud.  In 2009 and 2010, further improvements were made to the False Claims Act and its whistleblower provisions.  Congress also included in the False Claims Act authority for the government to dismiss cases that do not advance the goal of fraud prevention, and during the past year the government made increasing use of this tool to help prioritize and protect the expenditure of government resources.  

Finally, Assistant Attorney General Hunt expressed appreciation for the many dedicated public servants throughout the department’s Civil Division and the U.S. Attorneys’ Offices, as well as the agency Offices of Inspector General and the many other federal and state agencies that contributed to the department’s False Claims Act recoveries this past fiscal year.  

“The accomplishments announced today reflect the extraordinary efforts of the men and women throughout the government committed to protecting the federal fisc and the integrity of the government’s programs,” said Assistant Attorney General Hunt.  “Having served many years in the Civil Division, I have witnessed the passion and dedication of the talented employees who have committed their careers to serving the American people and defending the interests of our great nation.”

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Except where indicated, the government’s claims in the matters described above are allegations only and there has been no determination of liability.  The numbers contained in this press release may differ slightly from the original press releases due to accrued interest.

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 Southern District of Georgia has enjoined Andrea Nadel and her business, EZ Accounting & Tax Service LLC (EZ Accounting), along with Estelle Nadel, from preparing federal tax returns for others.

According to the United States’ complaint, Andrea Nadel, EZ Accounting, and Estelle Nadel prepared federal income tax returns that reported false Schedule A and Schedule C deductions in order to manipulate their customers’ claims for the Earned Income Tax Credit and reduce their taxable income. The complaint alleges that the defendants prepared returns that falsely claimed deductions for gifts to charity, unreimbursed employee expenses, tax preparation fees, and taxes paid, and that their practice of claiming these false deductions has resulted in significant lost tax revenues. As set out in the complaint, earlier this year, Andrea Nadel was indicted and pleaded guilty to aiding and assisting the preparation of a false tax return in violation of 26 U.S.C. § 7206(2).

Andrea Nadel, EZ Accounting, and Estelle Nadel agreed to entry of the permanent injunctions without admitting any factual allegations in the complaint.

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 about selecting a return 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’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.

          SAIPAN, CNMI - SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that on January 3, 2020, Cling Philip Kaipat, also known as “Gilbert Kaipat,” was sentenced in U.S. District Court to 46 months imprisonment for Possession of a Stolen Firearm, in violation of 18 U.S.C. § 922(j). Kaipat was also ordered to serve three years of supervised release following his term in prison. He must also perform 50 hours of community service, unless he is gainfully employed during his release.

          On November 5, 2015, Kaipat burglarized a home on Saipan. During the course of the crime, he stole a 9mm Smith and Wesson handgun, several rounds of ammunition, and other items. C.N.M.I. Department of Public Safety (DPS) investigators obtained surveillance from a nearby grocery store. The footage depicted an individual wearing dark pants and a dark shirt walking in the direction of the residence. DPS canvassed the neighborhood asking residents whether anyone recognized the individual in the surveillance video. Ultimately, someone identified Kaipat as the perpetrator. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) then began a federal investigation.

          U.S. Attorney Anderson stated, “The results of this case demonstrate the benefits of our local and federal law enforcement partners working together in addressing dangers to our communities. Federal law prohibits the possession of firearms and ammunition under a variety of circumstances, including where the gun itself is stolen. The Department of Justice will continue to focus resources on these prosecutions in an effort to prevent violent crime.”

          This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance and cooperation of the C.N.M.I. Department of Public Safety. The case was prosecuted by Garth R. Backe, Assistant United States Attorney for the District of the Northern Mariana Islands.

The Department of Justice announced today that it has signed an addendum to a non-prosecution agreement with Union Bancaire Privée, UBP SA (UBP), a private bank headquartered in Geneva, Switzerland. The original non-prosecution agreement was signed on Jan. 6, 2016. At that time, UBP reported that it held and managed 2,919 U.S. Related Accounts, with assets under management of approximately $4.9 billion, and paid a penalty of $187,767,000. In reaching today’s agreement, UBP acknowledges it should have disclosed additional U.S.-related accounts to the department at the time of the signing of the non-prosecution agreement.

“Foreign banks that participated in the Swiss Bank Program were obligated to identify all accounts in which U.S. taxpayers held an interest, directly or indirectly,” said Richard E. Zuckerman, Principal Deputy Assistant Attorney General for the Tax Division. “Today’s agreement reflects our continued commitment to ensuring that when entities cooperate and make disclosures to the Department, that they do so fully.”

The Swiss Bank Program provided a path for Swiss banks to resolve potential criminal liabilities in the United States relating to offshore banking services provided to United States taxpayers. Banks eligible to enter the program were required to advise the department that they had reason to believe that they had committed tax-related criminal offenses in connection with undeclared U.S.-related accounts. As participants in the program, they were required to make a complete disclosure of their cross-border activities, provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers had a direct or indirect interest, cooperate in treaty requests for account information, and provide detailed information about the transfer of funds into and out of U.S.-related accounts, including undeclared accounts.

The department executed non-prosecution agreements with 80 banks between March 2015 and January 2016. The department imposed a total of more than $1.36 billion in Swiss Bank Program penalties. Pursuant to today’s agreement, UBP will pay an additional sum of $14,000,000 and will provide supplemental information regarding its U.S.-related account population, which now includes 97 additional accounts. 

Every bank that signed a non-prosecution agreement in the Swiss Bank Program had represented that it had disclosed all known U.S.-related accounts that were open at each bank between Aug. 1, 2008, and Dec. 31, 2014. Each bank also represented that it would, during the term of the non-prosecution agreement, continue to disclose all material information relating to its U.S.-related accounts. In reaching today’s agreement, UBP acknowledges that there were additional U.S.-related accounts that it knew about, or should have known about, but that were not disclosed to the Department at the time of the signing of the non-prosecution agreement. UBP has fully cooperated with the department with respect to the additional U.S.-related accounts.  

Principal Deputy Assistant Attorney General Zuckerman thanked Thomas J. Sawyer, Senior Counsel for International Tax Matters and Coordinator of the Swiss Bank Program, Senior Litigation Counsel Nanette L. Davis, and Attorney Kimberle E. Dodd of the Tax Division.

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

As 2019 comes to a close, I wish to thank each and every one of you for your invaluable work at the Department of Justice. Public service is a special calling that requires sacrifice, and that sacrifice is deeply appreciated by me and the Department leadership. 

It is the duty of our agency to keep the American people safe. On that front, we have many reasons to be proud of our work together. Over the past twelve months, we forged real progress that has bolstered the rule of law and improved innumerable lives throughout the country. We have reduced violent crime, delivered justice to members of vulnerable communities, made headway in the opioid crisis, and launched nationwide law enforcement initiatives.  I appreciate the invaluable contributions that you, the men and women of the Department, have made to these efforts. 

I would also like to express special gratitude to the men and women who put on a badge every day to protect us. There is no tougher job in this country than being a police officer or law enforcement agent. Many will work long hours through the holidays and away from their families so that we can live in peace and safety. 

Sadly, this holiday season, there are families that will be without loved ones who gave the last full measure of devotion to protect us from those who would do us harm. I had the honor of meeting a number of those families this year, and I found their resolve inspiring and a shining example of the American spirit. Please join me in thanking them for their service and sacrifice. 

I wish all of you health and happiness as we embark upon this new year. The coming year marks the Department’s 150th anniversary and we will celebrate this milestone with events and in other special ways to underscore our agency’s seminal role in American history, enforcing the law and preserving the way of life that has allowed for unprecedented freedom and human flourishing.

May we together arrive in the new year rejuvenated, eager to celebrate 150 years of justice, and ready to continue serving the country and the American people. Happy Hanukkah, Merry Christmas, and the happiest of holidays to you and your loved ones.

With gratitude and appreciation,

Bill Barr

Today the Department of Justice filed a lawsuit in federal court alleging that a landlord violated the Fair Housing Act by sexually harassing several female tenants of rental properties in Toledo, Ohio. This is the 12th lawsuit alleging a pattern or practice of sexual harassment in housing that the Department has filed since it launched its Sexual Harassment in Housing Initiative in late 2017.

“Sexual harassment of women tenants by landlords and their agents violates the Fair Housing Act and, worse, destroys the ability of women and their families to live in peace and security.  This illegal and despicable conduct inflicts emotional, psychic, and often physical pain and suffering on victims, including children,” said Assistant Attorney General Eric Dreiband. “Anyone who preys on women and their families should be on notice:  the United States Department of Justice will continue aggressively to prosecute abusers and seek justice for the victims of cruel and inhumane sexual harassment.”

 “Housing instability is a contributing factor to poverty, under education, and violent crime,” said U.S. Attorney for the Northern District of Ohio Justin Herdman. “This case and cases like these are designed to use every tool that we have on the federal level to ensure that tenants remain in housing free from fear that they will be harassed, assaulted, or subjected to conditions that are unlawful.”

The lawsuit, filed in the U.S. District Court for the Northern District of Ohio, alleges that from at least 2007 through the present, Anthony Hubbard sexually harassed female tenants of rental properties that he either owned or co-owned with three other defendants — Jeffery Hubbard, Anthony’s brother; Ann Hubbard, his mother; and Pay Up LLC.  Anthony Hubbard acted as an agent for his three co-defendants while engaging in many of the various acts of harassment alleged in the complaint. The United States’ complaint alleges that Anthony Hubbard engaged in severe and pervasive sexual harassment that included making unwelcome sexual advances and comments and sending sexual text messages, videos, and photos to female tenants; offering to grant benefits — such as reducing security deposits, rent amounts, and waiving late fees — in exchange for sex or sexual acts; refusing to provide maintenance services or taking other adverse housing actions such as eviction against female tenants who objected to or refused his sexual advances; entering the homes of female tenants without their consent, and expressing a preference for renting to single female tenants.

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

The lawsuit seeks monetary damages to compensate the victims, civil penalties, and a court order barring future discrimination.

Individuals who believe that they have information that is relevant to this case should contact the Department of Justice at 1-833-938-1375 or by email at fairhousing@usdoj.gov.  Persons who have information about sexual harassment in other housing can contact the Justice Department’s Sexual Harassment in Housing Initiative by calling 1-844-380-6178, or through email at fairhousing@usdoj.gov.  

More information about the Justice Department’s Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

The Department of Justice announced today that it reached a settlement agreement with Adecco USA Inc. (Adecco), one of the largest staffing companies in the United States. The settlement resolves a claim that Adecco’s Gardena, California office violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by discriminating against a lawful permanent resident and other work-authorized non-U.S. citizens when verifying their work authorization. The settlement also resolves allegations that when using employment eligibility verification (EEV) software, the company requested unnecessary work authorization documents from non-U.S. citizens because of their citizenship status.  

“Employers must ensure that their onboarding software is compliant with relevant laws, and cannot make unnecessary demands for work authorization documents because of someone’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend Adecco and are pleased that shortly after learning of the Department’s investigation, the company re-hired an affected worker before he missed work, and took additional steps to avoid unlawful discrimination.”

The Department’s investigation began when a lawful permanent resident complained about discrimination that occurred at Adecco’s Gardena, California location. Upon being hired, the worker showed the company his valid foreign passport with a stamp denoting his permanent resident status. Although this documentation is sufficient under federal law to establish identity and permission to work in the United States, the Adecco employee responsible for hiring the worker was unfamiliar with it, rejected the documentation, and asked the worker to present his permanent resident card instead. The worker did not have a permanent resident card so he went home upset that he would not be able to get the job even though he had permission to work in the United States. After the Department opened its investigation, Adecco took immediate corrective action and, among other things, hired the permanent resident without delay for the position he originally sought.

The Department’s investigation also revealed that an employee in Adecco’s Gardena office routinely requested that non-U.S. citizen new hires produce specific documentation issued by the Department of Homeland Security to prove their work authorization, even when they had already provided sufficient proof of their identity and work authorization. The Department also concluded that Adecco unnecessarily reverified the work authorization of certain non-U.S. citizen employees because of their immigration status. The Department’s investigation determined that the commercial EEV software Adecco used prompted Adecco employees to initiate unnecessary employment eligibility reverification based exclusively on workers’ citizenship status.

Federal law allows all work-authorized individuals, regardless of citizenship or immigration status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States. Moreover, under the anti-discrimination provision of the INA, employers cannot request more or different documents than necessary to prove work authorization because of employees’ citizenship, immigration status, or national origin.     

Under the settlement, Adecco will pay $67,778 in civil penalties to the United States, ensure that its Form I-9 software complies with all relevant rules and regulations, and submit to departmental monitoring and reporting requirements. Additionally, Adecco will ensure that relevant employees attend a training the Civil Rights Division approves and take a knowledge assessment tool to demonstrate their understanding of relevant rules.

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

The Office of Justice Programs’ National Institute of Justice (NIJ) today published the findings of a two-year assessment that examined the personnel, workload and equipment needs of public crime laboratories and medical examiner and coroner offices.

“A strong network of crime labs, medical examiners and coroners is central to a well-functioning justice system,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “This report serves as a blueprint for federal, state, local and tribal officials as they work to build their forensic capabilities, staff their agencies and apply evidence-based practices to their most pressing public safety challenges.”

The Department of Justice’s Needs Assessment of Forensic Laboratories and Medical Examiner and Coroner Offices provides guidance and possible solutions through promising and evidence-based practices to address needs identified from stakeholders and experts from the field. It also addresses special topics such the opioid crisis, digital and multimedia evidence, sexual assault casework, forensics for tribal communities, and mass disaster and critical incident preparedness.

The report emphasizes the importance of systems-based approaches involving coordination and collaboration between forensic laboratories, law enforcement, legal professionals and other stakeholders. The report also identifies ways to address the challenges faced by forensics laboratories, such as sufficient and consistent funding; strategies and approaches to addressing staffing and personnel shortages; and activities to support the advancement of quality assurance programs.

To assess topics, NIJ held listening sessions with forensic science professionals and subject matter experts from forensic disciplines across the criminal justice system to inform and provide recommendations to the report. The feedback from the listening sessions, stakeholder comments and literature reviews were compiled into the assessment.

This assessment is a product of the Department’s ongoing mission to facilitate coordination and collaboration on forensic science within the Department, across the federal government, and with state, local and tribal entities.        

To view the report, see https://www.justice.gov/olp/forensic-science#needs

More information on NIJ’s programs is located here: www.nij.ojp.gov.

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

The Department of Justice announced today that it has signed an Addendum to a non-prosecution agreement with Coutts & Co Ltd. (Coutts), a private Swiss bank headquartered in Zurich.  The original non-prosecution agreement was signed on Dec. 23, 2015. At that time, Coutts reported that it held and managed 1,337 U.S. related accounts, with assets under management exceeding $2 billion, and paid a penalty of $78,484,000. In reaching today’s agreement, Coutts acknowledges that it should have disclosed additional U.S.-related accounts to the Department at the time of the signing of the non-prosecution agreement.

“This agreement reflects our commitment to ensuring that foreign banks that participated in the Swiss Bank Program fully comply with their obligations to disclose accounts in which U.S. taxpayers have direct or indirect interests,” said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. “When any person or entity makes false, incomplete, or misleading disclosures to the Department, the Department will hold those persons or entities accountable.”

The Swiss Bank Program, which was announced on Aug. 29, 2013, provided a path for Swiss banks to resolve potential criminal liabilities in the United States relating to offshore banking services provided to United States taxpayers. Swiss banks eligible to enter the program were required to advise the Department by Dec. 31, 2013, that they had reason to believe that they had committed tax-related criminal offenses in connection with undeclared U.S.-related accounts. As participants in the program, they were required to make a complete disclosure of their cross-border activities, provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers had a direct or indirect interest, cooperate in treaty requests for account information, and provide detailed information about the transfer of funds into and out of U.S.-related accounts, including undeclared accounts, that identifies the sending and receiving banks involved in the transactions.

The Department executed non-prosecution agreements with 80 banks between March 2015 and January 2016. The Department imposed a total of more than $1.36 billion in Swiss Bank Program penalties.  Pursuant to today’s agreement, Coutts will pay an additional sum of $27,900,000 and will provide supplemental information regarding its U.S.-related account population, which now includes 311 additional accounts. 

Every bank that signed a non-prosecution agreement in the Swiss Bank Program had represented that it had disclosed all known U.S.-related accounts that were open at each bank between Aug. 1, 2008, and Dec. 31, 2014.  Each bank also represented that it would, during the term of the non-prosecution agreement, continue to disclose all material information relating to its U.S.-related accounts.  In reaching today’s agreement, Coutts acknowledges that there were additional U.S.-related accounts that it knew about, or should have known about, but that were not disclosed to the Department at the time of the signing of the non-prosecution agreement. Coutts has fully cooperated with the Department with respect to the additional U.S.-related accounts.  

Principal Deputy Assistant Attorney General Zuckerman thanked Thomas J. Sawyer, Senior Counsel for International Tax Matters and Coordinator of the Swiss Bank Program, Senior Litigation Counsel Nanette L. Davis, and Attorney Kimberle E. Dodd of the Tax Division.

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

ROCKFORD — Two Freeport men were sentenced today in federal court in Rockford on drug trafficking charges. 

TERRANCE YOUNG, 46, was sentenced by U.S. District Chief Judge Rebecca R. Pallmeyer to seven and a half years in federal prison.  Young pleaded guilty on Sept. 13, 2019, to possessing cocaine with intent to distribute.  In a written plea agreement, Young admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at his home.  During the search, officers located and seized approximately 5.5 grams of cocaine in a plastic bag inside of a kitchen cupboard, as well as other drug paraphernalia.  Young acknowledged that the cocaine in the cupboard belonged to him and that he possessed it with the intent to distribute it to others.  In the dining room adjacent to the kitchen, officers located $3,743 in cash.  Young also acknowledged that the cash belonged to him and that it came from the proceeds of drug sales.  Young further admitted that he sold cocaine on July 14, 2017, Aug. 15, 2017, Dec. 4, 2017, and Aug. 7, 2018.

In a separate but related case, KYRAN WILLIAMS, 25, was sentenced by U.S. District Judge Philip G. Reinhard to nine years and three months in federal prison.  Williams pleaded guilty on Sept. 17, 2019, to possessing crack cocaine with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and illegally possessing a firearm as a felon.  In a written plea agreement, Williams admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at Williams’s home in Freeport.  Officers found and seized two guns, one with an extended magazine containing 31 rounds and the other with an obliterated serial number, as well as ammunition, a plastic baggie containing crack cocaine, and other drug paraphernalia.  Williams also admitted he illegally possessed the firearms as a convicted felon and that he possessed the guns and ammunition found during the search to protect his drug stash and himself during his drug trafficking activity.  Williams also admitted that he engaged in drug transactions and sold heroin on April 11, 2017, May 31, 2017, and April 11, 2018, and sold a substance containing both heroin and fentanyl on June 13, 2018. 

The sentencings were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Brendan F. Kelly, Director of the Illinois State Police; and Matt Summers, Freeport Police Chief.  The investigation was conducted by the Rockford Area Violent Gang Task Force, the Stateline Area Narcotics Team (“SLANT”), and the Freeport Police Department.  The Rockford Area Violent Gang Task Force is led by the FBI and includes members of the FBI and the Rockford, Loves Park, and Freeport police departments.  SLANT is a task force led by the Illinois State Police.  The government was represented by Assistant U.S. Attorney Margaret J. Schneider.

The Executive Office for Immigration Review will invest 28 new immigration judges today, bringing the immigration judge corps to its highest level in history with more than 465 immigration judges on the bench. Principal Deputy Associate Attorney General Claire McCusker Murray will deliver opening remarks and Acting Chief Immigration Judge Christopher A. Santoro will preside over the investiture during a ceremony at the Department of Justice’s Great Hall in the District of Columbia.

After a thorough application process, Attorney General William Barr appointed Susan F. Aikman, Amelia C. Anderson, Dale E. Anderson, Philip A. Barr, Bianca H. Brown, Kevin L. Brown, Brian H. Burke, Jennifer Chung, Miguel A. Cordero-Gonzalez, James J. Crofts, Diane L. Dodd, Sheila E. Gallow, Andrea H. Hong, Lily C. Hsu, Bruce D. Imbacuan, Samia Naseem, David A. Norkin, Christopher V. Phan, Eugene H. Robinson, Marna M. Rusher, Jeremy J. Santoro, John J. Siemietkowski, Rantideva Singh, Philip P. Taylor, Gilda M. Terrazas, Ubaid ul-Haq, Lynn W. Wang, and Matthew H. Watters to their new positions.

Biographical information follows:

Susan F. Aikman, Immigration Judge, Batavia Immigration Court

Attorney General Barr appointed Susan F. Aikman to begin hearing cases in January 2020. Judge Aikman earned a Bachelor of Arts in 1994 from Ashland University and a Juris Doctor in 1999 from the University of Toledo, College of Law. From 2018 to 2019, she served as a deputy chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS) in Dilley and Pearsall, Texas. From 2015 to 2018, she served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Pearsall, Texas. From 2005 to 2015, she served as asylum officer, refugee officer, and field office director with Refugee, Asylum, and International Operations (RAIO), U.S. Citizenship and Immigration Services (USCIS), DHS, in the U.S. and international locations. From 1999 to 2005, she was an associate attorney with the Law Offices of David Goren LLC, in Silver Spring, Maryland. Judge Aikman is a member of the District of Columbia Bar

Amelia C. Anderson, Immigration Judge, Otay Mesa Immigration Court

Attorney General Barr appointed Amelia C. Anderson to begin hearing cases in January 2020. Judge Anderson earned a Bachelor of Arts in 2005 from the University of Notre Dame and a Juris Doctor in 2009 from DePaul University College of Law. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Diego. From 2017 to 2018, she served as a special assistant U.S. attorney at the U.S. Attorney’s Office for the Southern District of California, in San Diego. From 2009 to 2010, she served as an attorney advisor at the San Diego Immigration Court, Executive Office for Immigration Review, Department of Justice. Judge Anderson is a member of the Illinois State Bar.

Dale E. Anderson, Immigration Judge, Los Angeles Immigration Court

Attorney General Barr appointed Dale E. Anderson to begin hearing cases in January 2020. Judge Anderson earned a Bachelor of Science in 1987 from the U.S. Naval Academy, a Juris Doctor in 1994 from Pepperdine University School of Law, and a Master of Laws in 1997 from the University of San Diego School of Law. From 2016 to 2019, he served as a trial attorney for the Office of International Affairs, Criminal Division, Department of Justice (DOJ). From 2009 to 2016, and previously from 2002 to 2004, he served as a supervisory attorney advisor and attorney advisor for the Board of Immigration Appeals, Executive Office for Immigration Review, DOJ. From 2000 to 2002, he served as an assistant district counsel with the former Immigration and Naturalization Service, DOJ, in Imperial, California. From 2004 to 2009, and previously from 1994 to 2000, he served as a judge advocate for the U.S. Marine Corps at the following locations: Marine Corps Recruit Depot San Diego; Washington Navy Yard, District of Columbia; Headquarters Marine Corps, Arlington, Virginia; Kabul, Afghanistan; and Al Anbar, Iraq. From 1988 to 1991, he served as an intelligence officer for the 3rd Marine Aircraft Wing, in El Toro, California, and Tanajib, Saudi Arabia. Judge Anderson is a member of the State Bar of California.

Philip A. Barr, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court

Attorney General Barr appointed Philip A. Barr to begin hearing cases in January 2020. Judge Barr earned a Bachelor of Arts in 1984 from University of Texas at Austin and a Juris Doctor in 2003 from Birmingham School of Law. From 2015 to 2019, he served as an assistant chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2010 to 2015, he served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Port Isabel and San Antonio, Texas. From 2004 to 2010, he was an immigration and criminal defense attorney in private practice in Birmingham, Alabama. Judge Barr is a member of the Alabama State Bar and State Bar of Texas.

Bianca H. Brown, Immigration Judge, Stewart Immigration Court

Attorney General Barr appointed Bianca H. Brown to begin hearing cases in January 2020. Judge Brown earned a Bachelor of Science and Master of Business Administration in 2005 from Florida A&M University, and a Juris Doctor in 2011 from Wake Forest University School of Law. From 2018 to 2019, she served as a deputy chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Lumpkin, Georgia. From 2011 to 2018, she served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Lumpkin, Georgia. Judge Brown is a member of the District of Columbia Bar and North Carolina State Bar.

Kevin L. Brown, Immigration Judge, Houston, S. Gessner Road Immigration Court

Attorney General Barr appointed Kevin L. Brown to begin hearing cases in January 2020. Judge Brown earned a Bachelor of Science in 1993 from Virginia Tech, a Master of Science in 1996 from Grambling State University, a Juris Doctor in 1999 from Wake Forest University School of Law, and a Master of Laws in 2007 from the Judge Advocate General’s Legal Center and School, U.S. Army. From 2016 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio, Texas. From 1999 to 2016, he served as a judge advocate for the U.S. Army in the following locations: Fort Gordon, Georgia; Fort Bragg, North Carolina; Karshi-Khanabad, Uzbekistan; Charlottesville, Virginia; Fort Campbell, Kentucky; Tikrit, Iraq; Fort Irwin, California; Suffolk, Virginia; and Fort Sam, Houston, Texas. Judge Brown is a member of the State Bar of Georgia.

Brian H. Burke, Immigration Judge, Los Angeles, Van Nuys Blvd. Immigration Court

Attorney General Barr appointed Brian H. Burke to begin hearing cases in January 2020. Judge Burke earned a Bachelor of Arts in 1989 from the University of Pittsburgh and a Juris Doctor in 1992 from the University of Dayton School of Law. From 2017 to 2019, he was the chief judge for the Morongo Band of Mission Indians, in California. From 2013 to 2019, he was the chief judge for the Ak-Chin Indian Community, in Maricopa, Arizona. From 2010 to 2013, he was the tribal prosecutor for the Ak-Chin Indian Community, in Maricopa, Arizona. From 2009 to 2010, he was a deputy defense attorney for the Salt River Pima-Maricopa Indian Community, in Scottsdale, Arizona. From 2006 to 2009, he was the managing attorney for Community Legal Services, in Kingman, Arizona. From 2003 to 2006, he was a rights attorney for the Nevada Disability Advocacy and Law Center, in Las Vegas. From 2000 to 2003, he was assistant public defender for the Beaver County Public Defender’s Office, in Beaver, Pennsylvania. From 1999 to 2000, he was a staff attorney for Appalachian Legal Services, in Charleston, West Virginia. From 1992 to 1995, and 1997 to 1998, he served as assistant district attorney for the Beaver County District Attorney’s Office. Judge Burke is a member of the Arizona State Bar and the Pennsylvania State Bar.

Jennifer Chung, Immigration Judge, New York, Federal Plaza Immigration Court

Attorney General Barr appointed Jennifer Chung to begin hearing cases in January 2020. Judge Chung earned a Bachelor of Arts in 2004 from St. John’s University and a Juris Doctor in 2007 from Hofstra University School of Law. From 2008 to 2019, she worked as a managing attorney at Christophe Law Group P.C., in New York. Judge Chung is a member of the New York State Bar.

Miguel A. Cordero-Gonzalez, Immigration Judge, Houston, S. Gessner Road Immigration Court

Attorney General Barr appointed Miguel A. Cordero-Gonzalez to begin hearing cases in January 2020. Judge Cordero-Gonzalez earned a Bachelor of Science in 1990 from the University of Puerto Rico and a Juris Doctor in 1993 from the Pontifical Catholic University School of Law. From 2010 to 2019, he served as a state trial court judge, in Puerto Rico. From 1996 to 2019, he served as a judge advocate for the U.S Army Reserve, in Fort Buchanan, Puerto Rico and Camp Speicher, Iraq, culminating in a current rank of lieutenant colonel. From 2015 to 2016, he served as a senior defense counsel for the 154th Trial Defense Team, Southeast region in Fort Buchanan, Puerto Rico. From 1995 to 2009, he was in private practice. From 1994 to 1995, he served as an assistant to the secretary of the Puerto Rico Department of Consumer Affairs Office. Judge Cordero is a member of the State Bar of Puerto Rico.

James J. Crofts, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court

Attorney General Barr appointed James J. Crofts to begin hearing cases in January 2020. Judge Crofts earned a Bachelor of Arts in 1991 from Boston University and a Juris Doctor in 1999 from St. John’s University School of Law. From 2016 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta. From 2000 to 2016, he served as an assistant district attorney with the Office of the Bronx District Attorney, in Bronx, New York. Since 2012, he has also served as a judge advocate for the U.S. Army Reserve. Judge Crofts is a member of the State Bar of New York.

Diane L. Dodd, Immigration Judge, New York, Federal Plaza Immigration Court

Attorney General Barr appointed Diane L. Dodd to begin hearing cases in January 2020. Judge Dodd earned a Bachelor of Arts in 1982 from the University of Georgia and a Juris Doctor in 1990 from Lewis and Clark College, Northwestern School of Law. From 2016 to 2019, she served as a special assistant U.S. attorney for the District of Minnesota, Department of Justice, in Minneapolis. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security. From 1999 to 2010, she served as an assistant district attorney in the District Attorney’s Office, in Brunswick, Georgia. Judge Dodd is a member of the Georgia State Bar.    

Sheila E. Gallow, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court

Attorney General Barr appointed Sheila E. Gallow to begin hearing cases in January 2020. Judge Gallow earned a Bachelor of Arts in 2003 from Auburn University and a Juris Doctor in 2006 from Samford University, Cumberland School of Law. From 2016 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta. From 2011 to 2016, she served as the chief assistant district attorney in the Atlanta Judicial Circuit. From 2007 to 2011, she served as an assistant attorney general with the Office of Georgia Attorney General, in Atlanta. Since 2012, she has also served as a judge advocate with the U.S. Army Reserves, serving as an administrative law attorney, trial counsel, legal advisor for FEMA Region IV, and brigade judge advocate in the following locations: Fort Bragg, North Carolina; Fort Gordon, Georgia; and Fort Benning, Georgia. Judge Gallow is a member of the State Bar of Georgia.

Andrea H. Hong, Immigration Judge, Los Angeles Immigration Court

Attorney General Barr appointed Andrea H. Hong to begin hearing cases in January 2020. Judge Hong earned a Bachelor of Science in 1996 from Case Western Reserve University and a Juris Doctor in 1999 from the University of Akron, School of Law. From 2009 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration Customs Enforcement, Department of Homeland Security, in Los Angeles.

From 2006 to 2009, she served as a deputy district attorney with the Riverside County District Attorney’s Office, in Riverside, California. From 2001 to 2004, she served as an assistant prosecutor with the Summit County Prosecutor’s Office, in Akron, Ohio. From 1999 to 2001, she served as an assistant city prosecutor with the Akron City Prosecutor’s Office, in Akron, Ohio. Judge Hong is a member of the State Bar of California.      

Lily C. Hsu, Immigration Judge, Los Angeles North Immigration Court

Attorney General Barr appointed Lily C. Hsu to begin hearing cases in January 2020. Judge Hsu earned a Bachelor of Science in 1996 from University of California, Berkeley, and a Juris Doctor in 2000 from California Western School of Law. From 2006 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Los Angeles. From 2009 to 2011, she served as a special assistant U.S. attorney at the U.S. Attorney’s Office for the Central District of California, in Los Angeles. From 2004 to 2006, she served as an asylum officer with the U.S. Citizenship and Immigration Services, DHS, in Anaheim, California. From 2001 to 2004, she was an associate attorney at Reeves and Associates ALPC. Judge Hsu is a member of the State Bar of California.

Bruce D. Imbacuan, Immigration Judge, Cleveland Immigration Court

Attorney General Barr appointed Bruce D. Imbacuan to begin hearing cases in January 2020. Judge Imbacuan earned a Bachelor of Arts in 1994 from Suffolk University and a Juris Doctor in 1998 from Temple University School of Law. From 2007 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Cleveland. From 2005 to 2007, he served as a housing court magistrate for the Cleveland Municipal Housing Court. From 2002 to 2005, he served as an assistant prosecuting prosecutor with the City of Cleveland’s Prosecutor’s Office. From 1998 to 2002, he was a staff attorney for the Legal Aid Society of Cleveland. Judge Imbacuan is a member of the Ohio State Bar.

Samia Naseem, Immigration Judge, Chicago Immigration Court

Attorney General Barr appointed Samia Naseem to begin hearing cases in January 2020. Judge Naseem earned a Bachelor of Arts in 2001 from Simmons College and a Juris Doctor in 2004 from The George Washington University Law School. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York City and Chicago. From 2007 to 2010, Judge Naseem served as a trial attorney with the Office of Immigration Litigation, Department of Justice, in the District of Columbia. From 2005 to 2007, she served as an attorney at the Law Offices of Khalid Naseem, in Boylston, Massachusetts. From 2004 to 2005, Judge Naseem served as a law clerk for the Honorable Judith N. Macaluso, in the District of Columbia. Judge Naseem is a member of the New York State Bar.

David A. Norkin, Immigration Judge, New York, Varick Immigration Court

Attorney General Barr appointed David A. Norkin to begin hearing cases in January 2020. Judge Norkin earned a Bachelor of Arts in 1995 from Bates College and a Juris Doctor in 1999 from The George Washington University Law School. In 2019, he served as court administrator for the Fishkill, Ulster, and Varick immigration courts. From 1999 to 2016, he served as a judge advocate, defense counsel, prosecutor, special assistant U.S. attorney, and appellate military judge in the following locations: Naval Base San Diego, California; Naval Station Pearl Harbor, Hawaii; Fleet Activities Yokosuka, Japan; and Washington Navy Yard, District of Columbia. Judge Norkin is a member of the Hawaii State Bar, Maryland State Bar, and New York State Bar.

Christopher V. Phan, Immigration Judge, Sacramento Immigration Court

Attorney General Barr appointed Christopher V. Phan to begin hearing cases in January 2020. Judge Phan earned a Bachelor of Arts in 1996 from Indiana University-Purdue University, Indianapolis, and a Juris Doctor in 1999 from Southern Illinois University. From 2000 to 2019, he served as a judge advocate for the U.S. Navy in the following locations: Earle, New Jersey; Yokosuka, Japan; San Diego, California; Portsmouth, Virginia; The Pentagon, District of Columbia; Fort Worth, Texas; and Guantanamo Bay, Cuba. From 2012 to 2016, he served as a city council member, in Garden Grove, California, and as deputy district attorney, in Orange County, California. He is currently a commander in the U.S. Navy Reserve. Judge Phan is a member of the California State Bar, State Bar of Illinois, and State Bar of Texas.

Eugene H. Robinson, Immigration Judge, Imperial Immigration Court

Attorney General Barr appointed Eugene H. Robinson Jr. to begin hearing cases in January 2020. Judge Robinson earned a Bachelor of Science in 1987 from University of South Carolina, a Juris Doctor in 1990 from Howard University School of Law, and a Master of Laws in 2002 from the U.S. Army Judge Advocate General’s Legal Center and School. From 2018 to 2019, he served as the deputy chief for hearings in the State Office of Administrative Hearings for the State of Texas. From 2012 to 2018, he served as a military judge in Okinawa, Japan and Camp Pendleton, California. From 2011 to 2012, he was the staff judge advocate for 3d Marine Logistics Group, Okinawa, Japan. From 2005 to 2011, he served as a military judge in the Western Judicial Circuit, Camp Pendleton, California, and as deputy chief trial judge for the U.S. Navy-Marine Corps Trial Judiciary at the Washington Navy Yard, District of Columbia. From 1991 to 2005, he served a judge advocate in the following locations: Marine Corps Air Station, Yuma, Arizona; 3d Marine Expeditionary Force, Okinawa, Japan; Marine Forces Reserve, New Orleans; Washington Navy Yard, District of Columbia; and Camp Pendleton, California. Judge Robinson is a member of the Pennsylvania State Bar, District of Columbia Bar, and State Bar of Texas.

Marna M. Rusher, Immigration Judge, Boston Immigration Court

Attorney General Barr appointed Marna M. Rusher to begin hearing cases in January 2020. Judge Rusher earned a Bachelor of Science in 1972 from the University of Bridgeport and a Juris Doctor in 2001 from the University of Syracuse, School of Law. From 2007 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Boston. From 2005 to 2007, she was a civil litigation associate for Murphy & Riley P.C. From 2002 to 2005, she served as an assistant district attorney, in Middlesex County, Massachusetts. Judge Rusher is a member of the Massachusetts State Bar.

Jeremy J. Santoro, Immigration Judge, Cleveland Immigration Court

Attorney General Barr appointed Jeremy J. Santoro to begin hearing cases in January 2020. Judge Santoro earned a Bachelor of Science in 1996 from Bowling Green State University and a Juris Doctor in 2001 from the University of Toledo, College of Law. From 2010 to 2019, he served as an assistant chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Cleveland. From 2009 to 2010, he served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Detroit. From 2006 to 2015, he served as a judge advocate for the Ohio Army National Guard, in Columbus, Ohio. From 2002 to 2009, he served as an assistant prosecutor with the Lucas County Prosecutor’s Office, in Toledo, Ohio. From 2001 to 2002, he was an associate attorney with Faulkner, Garmhausen, Keister & Shenk L.P.A., in Sidney, Ohio. Judge Santoro is a member of the Ohio State Bar.

John J. Siemietkowski, Immigration Judge, New York, Federal Plaza Immigration Court

Attorney General Barr appointed John J.  Siemietkowski to begin hearing cases in January 2020. Judge Siemietkowski earned a Bachelor of Arts in 1984 from Georgetown University, a Juris Doctor in 1987 from Catholic University, and a Masters of Law in 2000 from the Army Judge Advocate General’s School. From 2002 to November 2019, Judge Siemietkowski worked as a trial attorney at the Commercial Litigation Branch, Department of Justice, in the District of Columbia. From June to December 2018, he served as the U.S. deputy justice attaché to Afghanistan. In 2018, Judge Siemietkowski retired from the Army after a nearly 30-year career as an active duty and reserve JAG attorney. His military career spanned tours as a prosecutor, defense counsel, and trial judge. He taught at the Army JAG School, initially as a professor of Government Contracts & Fiscal Law, and later as a professor of Criminal Law and Trial Advocacy. In his last tour, from October 2016 to September 2017, he served in Kabul as the military coalition’s counter-corruption director. Judge Siemietkowski is a member of the Pennsylvania State Bar, State Bar of Texas, and Virginia State Bar.

Rantideva Singh, Immigration Judge, New York, Federal Plaza Immigration Court

Attorney General Barr appointed Rantideva Singh to begin hearing cases in January 2020. Judge Singh earned a Bachelor of Science in 2002 from John J. College of Criminal Justice and a Juris Doctor in 2005 from Boston University School of Law. From 2011 to 2019, he served as an administrative law judge with the New York State Office of Children and Family Services, in New York City. From 2009 to 2011, he served as a trial attorney with the New York City Administration for Children’s Services in Bronx Family Court. From 2007 to 2009, he served as a supervising attorney with the New York City Department of Homeless Services. From 1997 to 2002, he served as a police officer in the New York City Police Department. Judge Singh is a member of the Connecticut State Bar and New York State Bar.

Philip P. Taylor, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court

Attorney General Barr appointed Philip P. Taylor to begin hearing cases in January 2020. Judge Taylor earned a Bachelor of Arts in 1986 from LeMoyne College, a Juris Doctor in 1989 from Emory University School of Law, a Master of Judicial Studies in 2007 from University of Nevada, Reno, and a Doctor of Philosophy in Judicial Studies in 2012 from University of Nevada, Reno. From 2000 to 2019, Judge Taylor served as chief municipal judge for the City of Kennesaw, Acworth, Powder Springs, and Woodstock, Georgia. From 1996 to 2016, Judge Taylor served as magistrate judge, in Cobb County, Georgia. From 1989 to 2012, he was in private practice at Webb, Carlock, Copeland, Semler & Star; Hopkins & Taylor L.L.P.; and The Taylor Firm P.C. Judge Taylor is member of the Georgia State Bar.

Gilda M. Terrazas, Immigration Judge, Sacramento Immigration Court

Attorney General Barr appointed Gilda M. Terrazas to begin hearing cases in January 2020. Judge Terrazas earned a Bachelor of Arts in 1976 and a Master of Arts in 1982, both from The University of Arizona, and a Juris Doctor in 1988 from The University of Arizona, James E. Rogers College of Law. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Phoenix and Tucson, Arizona. From 2008 to 2010, she served as a public defender in Cochise County, Arizona. From 1995 to 2008, she served as a municipal and tribal court judge, in Tucson, Arizona. From 1988 to 1995, she was in private practice in civil and criminal litigation. Judge Terrazas is a member of the State Bar of Arizona.

Ubaid ul-Haq, Immigration Judge, Ulster Immigration Court

Attorney General Barr appointed Ubaid ul-Haq to begin hearing cases in January 2020. Judge Haq earned a Bachelor of Arts in 2005 from the University of Virginia, a Juris Doctor in 2010 from Nova Southeastern University, and a Master of Laws in 2011 from American University Washington College of Law. In 2019, he served as a trial attorney with the Office of Immigration Litigation’s (OIL) Appellate Court Section, Civil Division, Department of Justice (DOJ), in the District of Columbia. From 2014 to 2019, he served as a trial attorney with OIL’s District Court Section, Civil Division, DOJ. Since 2016, he has also served as a judge advocate with the U.S. Army Reserve, in Alexandria, Virginia. In 2014, he served as an associate legal advisor, Executive Communications Unit, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in the District of Columbia. From 2011 to 2014, he served as an assistant chief counsel, OPLA-San Antonio, ICE, DHS, in Pearsall, Texas. Judge Haq is a member of the Florida State Bar.

Lynn W. Wang, Immigration Judge, Houston Immigration Court

Attorney General Barr appointed Lynn W. Wang to begin hearing cases in January 2020. Judge Wang earned a Bachelor of Science in 1995 from University of Houston and a Juris Doctor in 2000 from South Texas College of Law. From 2018 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio. From 2015 to 2018, she served as an assistant U.S. attorney with the U.S. Attorney’s Office for the Southern District of Texas, in McAllen, Texas. From 2007 to 2015, she served as an assistant U.S. attorney with the U.S. Attorney’s Office for the District of New Mexico, in Albuquerque, New Mexico. From 2004 to 2006, she served as an assistant district attorney for the State of New Mexico. From 2001 to 2004, she was in private practice. Judge Wang is a member of the New Mexico State Bar and Texas State Bar.

Matthew H. Watters, Immigration Judge, York Immigration Court

Attorney General Barr appointed Matthew H. Watters to begin hearing cases in January 2020. Judge Watters earned a Bachelor of Arts in 1999 from Canisius College and a Juris Doctor in 2002 from Pennsylvania State University, Dickinson School of Law. He currently serves as a judge advocate in the U.S. Army Reserve and as a deputy commander in the U.S. Army Reserve Legal Command. From 2010 to 2019, he served as an assistant U.S. attorney and supervisory assistant U.S. attorney in the Western District of Texas, culminating as chief of the Del Rio Division. From 2003 to 2010, Judge Watters served as a judge advocate for the U.S. Army in the following locations: Fort Polk, Louisiana; Camp Stanley, Republic of Korea; Schofield Barracks and Fort Shafter, Hawaii; Parwan and Kandahar, Afghanistan; and Tikrit, Iraq. Judge Watters is a member of the Pennsylvania State Bar.

Three Peruvian men were extradited today to the United States, where they stand accused of operating a large fraud and extortion scheme, the Department of Justice and U.S. Postal Inspection Service announced. 

Johnny Enso Hidalgo Marchan, 40, of Lima, Peru; Francesco Flabio Guerra Perez, 24, of Lima, Peru; and Rodolfo Hermoza Vega, 45, of Cajamarca, Peru, will face federal charges in Miami, Florida.  The three men were arrested on July 28, 2016, by Peruvian authorities based on a U.S. indictment.  All three have remained incarcerated in Peru since that time.

“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud U.S. consumers, wherever they are,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division.  “Those who target and threaten U.S. consumers by phone will not escape justice by placing their calls from abroad.  I thank the Republic of Peru for extraditing these individuals to face charges here in the United States.”  

“Individuals who defraud American consumers will be brought to justice, no matter where they are located,” said U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida.  “Protecting the elderly and vulnerable members of our community from schemes, such as this one, is a top priority of this Office and the Department of Justice.”

“The U.S. Postal Inspection Service will not allow overseas criminal enterprises to illegally enrich themselves by using the mail to defraud consumers in the United States,” said Miami Division Inspector in Charge, Antonio J. Gomez.  “With the continued cooperation of foreign governments these criminals will be aggressively pursued and brought to justice.”

Hidalgo, Guerra, and Hermoza allegedly managed and operated Peruvian call centers called Everglades, which were based in Lima and Cajamarca, Peru, and which worked in partnership with Angeluz Florida Corporation in Miami.  According to the indictment, Hidalgo, Guerra, and Hermoza, and their employees in Peru used Internet-based telephone calls to lie to and threaten Spanish-speaking victims in the United States.  The callers falsely accused the victims of having failed to accept delivery of certain products and claimed that the victims owed thousands of dollars in fines and that court proceedings would be brought against them.  In reality, the victims — many of whom were elderly — had never ordered these products and nothing had been delivered.

The indictment alleges that the defendants and their call center employees claimed that the consumers could resolve the supposed debts and fines if they immediately paid a “settlement fee.”  Consumers who contested these settlement fees were told that failure to pay could lead to harmed credit, arrest, deportation, or seizure of property.  

A 37-count federal indictment was filed against the defendants in the U.S. District Court for the Southern District of Florida in June 2015 and was unsealed upon the defendants’ extradition to the United States.  Hidalgo, Guerra, and Hermoza were charged with conspiracy, mail fraud, and wire fraud.  Hidalgo and Guerra also face attempted extortion charges. 

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

Two individuals previously were brought to justice in connection with this scheme.  In 2014, charges were brought against Angeluz and Everglades owner-operators, Maria Luzula, of Miami and Juan Alejandro Rodriguez Cuya, of Lima, Peru.  Luzula pleaded guilty to all counts against her midway through trial and was sentenced to serve 165 months in prison.  Rodriguez Cuya was convicted following a two-week trial.  U.S. District Court Judge Patricia A. Seitz sentenced Rodriguez Cuya to serve 210 months in prison. 

The case is being prosecuted by Trial Attorney Phil Toomajian of the Department of Justice’s Consumer Protection Branch.  The U.S. Postal Inspection Service investigated the case.  The Criminal Division’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the Diplomatic Security Service, and the Peruvian National Police provided critical assistance. 

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors.  In particular, this past March the Department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep.  The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.  

More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage.  For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.  Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.

The owner of a Detroit-area pain clinic and physical therapy clinic was sentenced to 11 years in prison today for her role in a diversion scheme involving more than 500,000 pills of oxycodone and other drugs.  

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.

Shirley Douglas, 70, of West Bloomfield, Michigan, was sentenced by U.S. District Judge David Lawson of the Eastern District of Michigan. In September, Douglas pleaded guilty to one count of conspiracy to distribute controlled substances.

As part of her guilty plea, Douglas admitted that, as the owner and operator of a pain clinic and a physical therapy clinic located in Southfield, Michigan, she conspired with others to distribute medically unnecessary controlled substances, including oxycodone, oxymorphone, alprazolam, hydrocodone and promethazine hydrochloride, through the selling of appointments with physicians at their pain clinics.

The total drug amount attributable to Douglas is in excess of 500,000 pills of oxycodone.

Douglas’s co-defendant, Malik Fuqua, pleaded guilty on Nov. 13, 2019, and is scheduled to be sentenced on Feb. 26, 2020.

The DEA and HHS-OIG investigated the case. Assistant Chief Malisa Dubal and Trial Attorney Patrick Suter of the Criminal Division’s Fraud Section are prosecuting the case. The case was previously prosecuted by Assistant Chief Drew Bradylyons and Trial Attorney Tom Tynan of the Criminal Fraud Section.

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 15 strike forces operating in 24 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.

A woman from Culiacan, Mexico was convicted after a seven-day jury trial for her role in an international drug trafficking conspiracy to transport thousands of kilograms of cocaine and dozens of pounds of methamphetamine into the United States.

Luz Irene Fajardo Campos, aka “La Comadre,” “La Madrina,” and “La Doña,” was convicted of conspiracy to distribute five kilograms or more of cocaine, and to manufacture and/or distribute 500 grams or more of methamphetamine in Mexico, Colombia, Honduras and elsewhere, knowing or intending that these substances would be unlawfully imported into the United States, in violation of Title 21, United States Code, Sections 959 and 963.  Sentencing for the defendant is set for March 26, 2020.  U.S. District Court Judge Ketanji Brown Jackson for the District of Columbia presided over the trial and will impose sentence. 

According to the evidence introduced at trial, Fajardo Campos ran a drug trafficking organization with her adult children that was aligned with the Sinaloa cartel. She sourced cocaine directly from Colombia, employed pilots, and brokered the purchase of jets to fly the cocaine to Central America and Mexico. She partnered with other traffickers in the Sinaloa cartel and her children for further distribution of the cocaine into the United States. She also oversaw the importation of precursor chemicals into Mexico, which she processed into methamphetamine at a laboratory located in the desert outside Hermosillo, Mexico. She distributed this methamphetamine in Tucson, Arizona, and Jackson, Mississippi, among other locations.

“Luz Irene Fajardo Campos ran a sophisticated, multinational drug trafficking organization aligned with the Sinaloa cartel that pumped large quantities of cocaine and methamphetamine into communities across the United States,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “Her conviction yesterday demonstrates that the Department of Justice will aggressively pursue drug traffickers who send their poison to the United States, wherever they may be.”

“Yesterday’s verdict clearly shows that no matter where drug traffickers operate, DEA agents will relentlessly pursue those whose actions wreak havoc on American communities,” said Phoenix Field Division Acting Special Agent in Charge Apolonio Ruiz Jr.  “The Fajardo Campos conviction should send a message to drug traffickers throughout the world that DEA is committed to finding those who profit from Americans suffering from addiction.” 

The case was investigated by DEA’s Tucson, Arizona Office and DEA’s Mexico City Country Office. 

Trial Attorneys Cole Radovich, Anthony Aminoff and Kaitlin Sahni, and paralegal Marilu Vargas of the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) prosecuted this case, with significant assistance provided by the NDDS Judicial Attachés in Bogotá, Colombia, the Criminal Division’s Office of International Affairs, and the Criminal Division’s Office of Enforcement Operations.

The Department of Justice’s Antitrust Division will file a petition asking the court to clarify and extend by five and a half years the Final Judgment entered by the Court in United States v. Ticketmaster Entertainment, Inc., et al., Case No. 1:10-cv-00139-RMC (July 30, 2010). This is the most significant enforcement action of an existing antitrust decree by the Department in 20 years.

The 2010 Final Judgment permitted Live Nation to merge with Ticketmaster but prohibited the company from retaliating against concert venues for using another ticketing company, threatening concert venues, or undertaking other specified actions against concert venues for ten years. Despite the prohibitions in the Final Judgment, Live Nation repeatedly and over the course of several years engaged in conduct that, in the Department’s view, violated the Final Judgment. To put a stop to this conduct and to remove any doubt about defendants’ obligations under the Final Judgment going forward, the Department and Live Nation have agreed to modify the Final Judgment to make clear that such conduct is prohibited. In addition, Live Nation has agreed to extend the term of the Final Judgment by five and a half years, which will allow concert venues and American consumers to get the benefit of the relief the Department bargained for in the original settlement. The proposed modifications to the Final Judgment will also help deter additional violations and allow for easier detection and enforcement if future violations occur.

“When Live Nation and Ticketmaster merged in 2010, the Department of Justice and the federal court imposed conditions on the company in order to preserve and promote ticketing competition.” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “Today’s enforcement action including the addition of language on retaliation and conditioning will ensure that American consumers get the benefit of the bargain that the United States and Live Nation agreed to in 2010. Merging parties will be held to their promises and the Department will not tolerate transgressions that hurt the American consumer.”

The Department today filed a motion in the U.S. District Court for the District of Columbia to reopen the docket in the underlying action, a necessary step towards filing the petition to clarify and extend the Final Judgment. The Department will file that petition once leave is granted by the court.

The clarifications to the Final Judgment the parties will seek include provisions that:

• Live Nation may not threaten to withhold concerts from a venue if the venue chooses a ticketer other than Ticketmaster;
• A threat by Live Nation to withhold any concerts because a venue chooses another ticketer is a violation of the Final Judgment;
• Withholding any concerts in response to a venue choosing a ticketer other than Ticketmaster is a violation by Live Nation of the Final Judgment;
• The Antitrust Division will appoint an independent monitor to investigate and report on Live Nation’s compliance with the Final Judgment;
• Live Nation will appoint an internal antitrust compliance officer and conduct regular internal training to ensure its employees fully comply with the Final Judgment;
• Live Nation will provide notice to current or potential venue customers of its ticketing services of the clarified and extended Final Judgment; and
• Live Nation is subject to an automatic penalty of $1,000,000 for each violation of the Final Judgment.
• Live Nation will pay costs and fees for the Department’s investigation and enforcement.

Along with the provisions described above, the proposed modifications to the Final Judgment, if approved by the court, include additional safeguards to ensure Live Nation does not punish venues that want to work with competing ticketers, and importantly, extends the term of the Final Judgment for five and half years.

Live Nation Entertainment Inc. is a Delaware corporation headquartered in Beverly Hills, California. It claims to be the largest live entertainment company in the world, active in three principal segments: concert promotion, ticketing services, and sponsorship & advertising. In 2018, Live Nation’s revenues were approximately $10.8 billion.

Ticketmaster is a wholly-owned subsidiary of Live Nation following their merger in 2010. It claims to be the world’s leading live entertainment ticketing sales and entertainment company. In 2018, Ticketmaster’s revenues were approximately $1.5 billion.

The former CEO of the Israel-based company Yukom Communications, a purported sales and marketing company, was sentenced to 22 years in prison today for orchestrating a scheme to defraud investors who had purchased more than $100 million in financial instruments known as “binary options.”

Lee Elbaz, 38, a citizen of Israel, was sentenced by U.S. District Judge Theodore D. Chuang of the District of Maryland.  On Aug. 7, 2019, after a three-week jury trial, Elbaz was found guilty of one count of conspiracy to commit wire fraud and three counts of wire fraud. 

“This defendant targeted and defrauded thousands of victims, looting monies from retirees, veterans and other individuals, many of whom lost their entire savings,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.   “Today’s sentence demonstrates that criminals who defraud U.S. investors will face serious consequences, no matter where in the world they commit their crimes.”

“Financial criminals like Elbaz and her co-conspirators are interested in one thing: taking money out of the pockets of unsuspecting investors for their own benefit.  The FBI is dedicated to identifying and investigating fraud, no matter where the criminals are located, or how long it takes,” said Assistant Director in Charge Timothy R. Slater of the FBI’s Washington’s Field Office.  “I’d like to thank our partners in this investigation, specifically the Israeli Police, and to encourage anyone who may have information about binary options fraud to come forward and report it to the FBI.”

According to the evidence presented at trial, Elbaz and her co-conspirators fraudulently sold and marketed binary options to investors located in the United States and throughout the world through two websites, known as BinaryBook and BigOption.  The evidence showed that in her role as CEO of Yukom, Elbaz, along with her co-conspirators and subordinates, misled investors using BinaryBook and BigOption by falsely claiming to represent the interests of investors when, in fact, the owners of BinaryBook and BigOption profited when investors lost money; by misrepresenting the suitability of and expected return on investments through BinaryBook and BigOption; by providing investors with false names and qualifications and falsely claiming to be working from London; and by misrepresenting whether and how investors could withdraw funds from their accounts. 

Representatives of BinaryBook and BigOption, working under Elbaz’s supervision, misrepresented the terms of so-called “bonuses,” “risk free trades” and “insured trades,” and deceptively used these supposed benefits in a manner that in fact harmed investors, the evidence showed. 

Five co-conspirators who worked for Elbaz, including Liora Welles, Shira Uzan, Yair Hadar, Austin Smith, and Lissa Mel, have pleaded guilty to conspiring to commit wire fraud, and have been sentenced.  Welles, Uzan, Hadar, and Smith all cooperated against Elbaz and testified at her trial in July 2019.  In addition, an indictment charging an additional 15 of Elbaz’s alleged co-conspirators was unsealed in November 2019. 

The FBI’s Washington Field Office investigated this case.  Principal Assistant Chief Henry Van Dyck and Assistant Chiefs L. Rush Atkinson and Caitlin R. Cottingham of the Criminal Division’s Fraud Section are prosecuting the case.  Assistant Chief Tracee Plowell and Trial Attorney Ankush Khardori of the Fraud Section previously prosecuted the case.  The Criminal Division’s Office of International Affairs and the U.S. Commodity Futures Trading Commission also provided assistance in this investigation. 

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information at https://www.justice.gov/criminal-vns/case/lee-elbaz.

This investigation is ongoing.

Today the Justice Department, U.S. Patent and Trademark Office (USPTO), and National Institute of Standards and Technology (NIST) issued a joint policy Statement regarding the treatment of standard-essential patents (SEP) where the patent holder has agreed to license its patents on fair, reasonable, and non-discriminatory (F/RAND) terms.  This Statement replaces the 2013 policy statement on SEP remedies issued jointly by the Department of Justice and USPTO. 

“Consistent with Article I, Section 8 of the U.S. Constitution, our patent system rewards inventors with an exclusive right to practice their inventions for a limited time,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “Today’s Policy Statement recognizes that when licensing negotiations fail, appropriate remedies for patent infringement, including injunctive relief, should be available to SEP holders.  The availability of the full range of remedies is necessary in order to preserve competition and incentives for innovation, and for continued participation in standards-setting activities, which can produce substantial benefits for American consumers.” 

To this end, the Statement clarifies that a patent owner’s promise to license a patent on F/RAND terms is not a bar to obtaining any particular remedy, including injunctive relief.  The agencies make clear that no “special set of legal rules” apply to SEPs, and the courts, the U.S. International Trade Commission, and other decision makers are able to assess appropriate remedies based on current law and relevant facts.  According to the Statement, “The particular F/RAND commitment made by a patent owner, the [standard development organization’s] intellectual property policies, and the individual circumstances of licensing negotiations between patent owners and implementers all may be relevant in determining remedies for infringing a standards-essential patent, depending on the circumstances of each case.”

The Statement follows the Justice Department’s withdrawal from the 2013 SEP policy statement, which had been construed incorrectly as suggesting that special remedies applied to SEPs and that seeking an injunction or exclusion order could potentially harm competition. 

“Our patent system is what has made the American economy the innovation capital of the world, and we should not misapply the antitrust laws to diminish the incentive to innovate,” said Assistant Attorney General Delrahim.

Since that announcement, many industry participants and policymakers have provided input to the agencies as they prepared the new Statement. 

“We value the input provided across the industry and policy spectrum as the agencies drafted a new Statement, in particular the input from Senate Intellectual Property Committee Chairman Thom Tillis and Ranking Member Chris Coons,” said Assistant Attorney General Delrahim.  “As the new Statement emphasizes, ultimately, there is no special set of remedies for standard-essential patents.  All patent owners have a statutory right to seek injunctive relief, and this joint statement reaffirms that if they do so the agencies will not put a thumb on the scale against them.”

On Dec. 17, 2019, the Department of Justice filed a complaint in the U.S. District Court for the Northern District of Illinois on behalf of Captain and Judge Advocate Derrick Strong against the City of Chicago Fire Department (CFD), alleging that the City violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it failed to provide Strong with an opportunity, after his return from active duty military service, to take a promotional examination that he missed while deployed.   

“Beginning with the American Revolution and every day since the Revolution, American patriots risked their lives to establish and defend our nation by serving in the United States armed forces.  The United States has an obligation to ensure that employers do not penalize our servicemembers for performing their  military duty,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Generations of Americans owe a debt of gratitude to our soldiers, sailors, and other servicemembers, and the United States Department of Justice remains committed to robust enforcement of civil rights protections for these brave women and men.”

 “The men and women of our Armed Forces make personal sacrifices to protect our nation, and they have rights that must be respected,” said U.S. Attorney John R. Lausch Jr. of the Northern District of Illinois. “The Department of Justice will not falter in protecting the rights of those who selflessly serve our country.”

According to the complaint, Strong is currently assigned to the 416th Theater Engineer Command’s (TEC), Office of the Staff Judge Advocate as a trial counsel and administrative law attorney, where he provides legal advice and overall legal support to the 416th TEC and its Command. He is also employed as a cross-trained firefighter and emergency medical technician-basic (firefighter/EMT) for the Chicago Fire Department. Strong is currently assigned to Squad 5, which is a special operations heavy rescue unit. From Sept. 30, 2016, to June 26, 2017, he was actively deployed with the U.S. Army Reserve in support of Operation Enduring Freedom. While Strong was deployed, the city of Chicago administered a test for firefighters to become fire engineers. He alleges, as outlined in the complaint filed in federal court, that the CFD violated USERRA by failing to provide him with an opportunity to take a fire engineer promotional examination following his return to work upon his honorable discharge from active duty military service.

The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. This lawsuit stems from a referral to the  Department of Justice from the U.S. Department of Labor, after an investigation by the Department of Labor’s Veterans’ Employment and Training Service. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt-military/employment-rights-userra and https://www.justice.gov/servicemembers, as well as on the Department of Labor’s website at https://www.dol.gov/agencies/vets/programs/userra.  

In the December 18, 2019 memorandum to all U.S. Attorneys, Assistant Attorneys General, and the FBI, the Deputy Attorney General extended the grace period until June 30, 2020, on implementing the Office of Legal Counsel's (OLC) 2018 opinion finding that all but one of the prohibitions of the Wire Act, 18 U.S.C. § 1084, apply to non-sports gambling.  During the grace period, federal prosecutors should not apply the Wire Act to non-sports-related betting or wagering.  The Deputy Attorney General also directed that, to ensure continuity across the country, any Wire Act charges must be reviewed and approved by the Criminal Division’s Organized Crime and Gang Section. 

The Department of Justice and the Department of Homeland Security (collectively, “the Departments”) today issued a notice of proposed rulemaking (NPRM) that would amend their respective regulations in order to prevent certain categories of criminal aliens from obtaining asylum in the United States. Upon finalization of the rulemaking process, the Departments will be able to devote more resources to the adjudication of asylum cases filed by non-criminal aliens.

Asylum is a discretionary immigration benefit that generally can be sought by eligible aliens who are physically present or arriving in the United States, irrespective of their status, as provided in section 208 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1158. However, in the INA, Congress barred certain categories of aliens from receiving asylum. In addition to the statutory bars, Congress delegated to the Attorney General and the Secretary of Homeland Security the authority to establish by regulation additional bars on asylum eligibility to the extent they are consistent with the asylum statute, as well as to establish “any other conditions or limitations on the consideration of an application for asylum” that are consistent with the INA. Today, the Attorney General and Secretary of Homeland Security are proposing to exercise their regulatory authority to limit eligibility for asylum for aliens who have engaged in specified categories of criminal behavior. The proposed rule will also eliminate a regulation concerning the automatic reconsideration of discretionary denials of asylum applications in limited cases.

The proposed regulation would provide seven additional mandatory bars to eligibility for asylum. The proposed rule would add bars to eligibility for aliens who commit certain offenses in the United States. Those bars would apply to aliens who are convicted of:

(1) A felony under federal or state law;

(2) An offense under 8 U.S.C. § 1324(a)(1)(A) or § 1324(a)(1)(2) (Alien Smuggling or Harboring);

(3) An offense under 8 U.S.C. § 1326 (Illegal Reentry);

(4) A federal, state, tribal, or local crime involving criminal street gang activity;

(5) Certain federal, state, tribal, or local offenses concerning the operation of a motor vehicle while under the influence of an intoxicant;

(6) A federal, state, tribal, or local domestic violence offense, or who are found by an adjudicator to have engaged in acts of battery or extreme cruelty in a domestic context, even if no conviction resulted; and

(7) Certain misdemeanors under federal or state law for offenses related to false identification; the unlawful receipt of public benefits from a federal, state, tribal, or local entity; or the possession or trafficking of a controlled substance or controlled-substance paraphernalia.

The seven proposed bars would be in addition to the existing mandatory bars in the INA and its implementing regulations, such as those relating to the persecution of others, convictions for particularly serious crimes, commission of serious nonpolitical crimes, security threats, terrorist activity, and firm resettlement in another country. 

Under the current statutory and regulatory framework, asylum officers and immigration judges consider the applicability of mandatory bars to asylum in every proceeding involving an alien who has submitted an application for asylum. Although the proposed regulation would expand the mandatory bars to asylum, the proposed regulation does not change the nature or scope of the role of an immigration judge or an asylum officer during proceedings for consideration of asylum applications.

The proposed rule would also remove the provisions at 8 C.F.R. § 208.16(e) and §1208.16(e) regarding reconsideration of discretionary denials of asylum. The removal of the requirement to reconsider a discretionary denial would increase immigration court efficiencies and reduce any cost from the increased adjudication time by no longer requiring a second review of the same application by the same immigration judge.

Today, Attorney General William P. Barr announced the launch of Operation Relentless Pursuit, an initiative aimed at combating violent crime in seven of America’s most violent cities through a surge in federal resources.

Joined at a press conference in Detroit, Michigan, by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Acting Director Regina Lombardo, Drug Enforcement Administration (DEA) Acting Administrator Uttam Dhillon, FBI Director Christopher A. Wray, and U.S. Marshals Service Director Donald W. Washington, Attorney General Barr pledged to intensify federal law enforcement resources into Albuquerque, Baltimore, Cleveland, Detroit, Kansas City, Memphis, and Milwaukee – seven American cities with violent crime levels several times the national average.

“Americans deserve to live in safety,” said Attorney General William P. Barr. “And while nationwide violent crime rates are down, many cities continue to see levels of extraordinary violence. Operation Relentless Pursuit seeks to ensure that no American city is excluded from the peace and security felt by the majority of Americans, while also supporting those who serve and protect in these communities with the resources, training, and equipment they need to stay safe.”

“The men and women of ATF are deeply committed to and focused on reducing crime gun violence in our communities,” said ATF Acting Director Regina Lombardo. “We are proud that our efforts have significantly contributed to the historic reductions in violence that our nation has realized in recent years. Operation Relentless Pursuit combines the resources of ATF, DEA, FBI, and U.S. Marshals to support our state and local law enforcement partners in those cities that – regrettably – continue to be plagued by rates of violent crime that are simply too high. Through Relentless Pursuit, we pledge to hold accountable the trigger-pullers, firearm traffickers, violent criminals and those who supply them the guns to terrorize our communities. ATF will aggressively utilize every available tool, including our crime gun enforcement teams, National Integrated Ballistic Information Network and firearms tracing to identify, investigate and support the prosecution of the most violent firearm offenders.”

“Drug traffickers – including cartels and street gangs – will stop at nothing to turn a profit, often using violence and intimidation to expand their reach,” said DEA Acting Administrator Uttam Dhillon. “This targeted surge of resources will further strengthen our ability to work with our federal, state, and local partners to pursue the worst offenders and make our communities safer.” 

“The FBI remains committed to providing our specialized expertise and resources to assist our federal, state and local partners fighting violent crime,” said FBI Director Christopher A. Wray. “We are here today to reaffirm our dedication to reducing violent crime in the cities selected for Operation Relentless Pursuit to combat the threats that arise from gangs and criminal enterprises that drive violence in the communities we are sworn to protect.”

“The U.S. Marshals Service is proud of the integral role we play in supporting Attorney General Barr’s strong leadership and commitment to combating violent crime and enhancing public safety throughout our nation,” said U.S. Marshals Service Director Donald W. Washington. “We will continue to work with our local, state, and federal partners to make communities safer by addressing violent crime at its core and taking the worst of the worst fugitives and other felons off the streets.”

The operation will involve increasing the number of federal law enforcement officers to the selected cities, as well as bulking up federal task forces through collaborative efforts with state and local law enforcement partners. The surge in federal agents will be complemented by a financial commitment of up to $71 million in federal grant funding that can be used to hire new officers, pay overtime and benefits, finance federally deputized task force officers, and provide mission-critical equipment and technology.  

A licensed Virginia attorney was arrested today on federal extortion and interstate threat charges for allegedly trying to extort a public company by threatening to inflict substantial financial and reputational harm on the company if his demands for a $200 million payment disguised as a purported “consulting agreement” were not met, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Inspector in Charge Delany De Leon-Colón of the U.S. Postal Inspection Service’s Criminal Investigations Group.

Timothy Litzenburg, 37, of Charlottesville, Virginia, was charged in a criminal complaint unsealed today with transmitting interstate communications with intent to extort, attempted extortion and conspiracy to commit extortion and transmit interstate communications with intent to extort.

Litzenburg was arrested this morning and appeared before U.S. Magistrate Judge Joel C. Hoppe of the Western District of Virginia.  Litzenburg was released on bail.

According to the criminal complaint, in approximately October 2019, Litzenburg approached a company (Company 1) and threatened to make public statements alleging that Company 1 had significant civil liability for manufacturing a purportedly harmful chemical used in a common household product used to kill weeds.  Litzenburg allegedly also said that after making these statements, he would use media and other means to find plaintiffs to sue Company 1.  Litzenburg allegedly threatened that he would only refrain from any such public actions if Company 1 (and its parent company) paid Litzenburg and his associates $200 million in “consulting fees.”  In exchange for the $200 million, Litzenburg allegedly indicated that he would not tell any existing or future clients about Company 1 or its purported role in manufacturing the product.  Litzenburg also allegedly made clear that the $200 million would not be a settlement for any clients, but rather would be a payment for Litzenburg and his associates. 

Litzenburg allegedly communicated his extortionate demands by telephone and email and during an in-person meeting.  During the in-person meeting, Litzenburg allegedly threatened that he and his law associates would be Company 1’s “biggest problem” unless they received the $200 million payment, and that the public disclosure of the purportedly damaging information about Company 1 would cause a “40 percent stock loss,” and “public relations nightmare” for Company 1’s publicly traded parent company. 

During other communications with Company 1, Litzenburg allegedly told Company 1 that if he received the $200 million in “consulting fees,” he was willing to “take a dive” during a civil deposition of a Company 1 toxicologist to prevent any of his purported current clients or prospective future plaintiffs from suing Company 1.

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

The USPIS is investigating the case.  Assistant Chief L. Rush Atkinson and Principal Assistant Chief Henry P. Van Dyck of the Criminal Division’s Fraud Section are prosecuting the case. 

A federal jury sitting in Camden, New Jersey, convicted an Atlantic City man of conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

According to evidence presented at trial, between 2015 and 2016, Kenneth Crawford Jr., and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme in which they obtained for their clients fraudulent refunds from the Internal Revenue Service (IRS).  Crawford promoted the scheme to individuals who were facing foreclosure or behind on their mortgage payments, and represented to them that they could extinguish their outstanding mortgage debts by filing tax forms with the IRS.  As part of the scheme, Crawford and his co-conspirators caused clients to file forms that fraudulently claimed that a substantial amount of taxes had already been withheld from them. These false withholding claims caused the IRS to authorize significant refunds to which the clients were not entitled. As a result of Crawford’s scheme, more than $2.5 million in fraudulent refunds were sought from the IRS, of which the IRS paid out more than $1.3 million.  Crawford charged his clients a fee of roughly 25 percent of the refund obtained.

When the IRS discovered the fraud and attempted to recover the previously issued refunds, Crawford provided clients with false and fraudulent documents to send to the IRS, directed clients to conceal from the IRS his role in filing the false returns, and advised clients to remove funds from bank accounts in their names in order to thwart IRS collection efforts.

U.S. District Judge Robert B. Kugler scheduled sentencing for March 20, 2020. As a result of his conviction, Crawford faces a statutory maximum sentence of five years in prison for the conspiracy charge, five years in prison for each false claim count, and three years in prison for obstructing the internal revenue laws.  He also faces a period of supervised release, restitution, and monetary penalties. 

Crawford is currently detained pending sentencing as a result of his conviction, and for previously violating his conditions of pretrial release.

Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Sean Green and Assistant Chief John Kane, who are prosecuting the case.  He also thanked the United States Attorney’s Office for the District of New Jersey for its assistance and support during the investigation and prosecution of this case.

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

The Department of Justice’s Office of Justice Programs today announced it has awarded funding totaling over $62 million to provide services designed to protect officers and improve overall public safety. OJP’s Bureau of Justice Assistance and National Institute of Justice awarded grants to law enforcement departments, local jurisdictions, and training, technical assistance and research organizations throughout the United States.

“The Office of Justice Programs stands proudly with the Attorney General and the President in our commitment to the 700,000 sworn law enforcement professionals who selflessly put their lives on the line to keep us all safe,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Bulletproof vests, body-worn cameras, health and safety research—these resources will provide officers the training, equipment and strategies needed to enable them to do their jobs effectively and keep them safe from harm.”

The FBI’s official crime data for 2019 reflects a decrease in the number of law enforcement officers feloniously killed between 2018 and 2019 (43 killed through September 2018 and 32 killed as of Sept. 30, 2019). There was also a slight decrease in the number of law enforcement officers reported accidentally killed in 2019 (29) as compared to the same reporting period in 2018 (33).

Still, there were almost 60,000 assaults against officers in 2018, according to the latest data available from the FBI.

Nearly $23 million will support the training and implementation of law enforcement agencies’ body-worn camera programs. Another $21 million will reimburse jurisdictions for up to 50 percent of the cost of body armor vests, while over $14.8 million will support law enforcement safety and wellness programs, research and services.

In addition, over $3 million is allocated for research and evaluation of safety, health and wellness priorities. These investments include the development of ballistic vests, studies of in-vehicle safety and the evaluation of less-lethal technologies to increase police and public safety.

A full list of the awards, organized under specific grant programs and listed awardees by state, is available online at https://go.usa.gov/xpxd3.

Additional information about Fiscal Year 2019 grant awards made by the Office of Justice Programs can be found online at the OJP Awards Data webpage.

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

On December 13, the Chief Justice of Malaysia, Tan Sri Tengku Maimun Binti Tuan Mat traveled to the United States on her first international engagement since her historic appointment last May as the first woman to hold the office of Chief Justice. The Chief Justice is joined by fellow Malaysian judges on the program, which is designed to strengthen bilateral judicial engagement and encourage the sharing of best practices. The visit is hosted by the U.S. Department of Justice’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT), U.S. Department of State and Judge Loretta A. Preska of the Southern District of New York.

While in New York, the delegation will meet with representatives of the U.S. Attorney’s Office for the Southern District of New York, the New York City Police Department and officials from the Permanent Mission of Malaysia to the United Nations.

At the U.S District Court for the Southern District of New York, the delegation will explore best practices supporting the Rule of Law, judicial independence, courtroom security and combating cybercrime. 

From New York, the delegation will travel to Washington, D.C. to visit the Supreme Court of the United States as well as meet with the OPDAT Director Faye Ehrenstamm and officials from the Administrative Office of the U.S. Courts.

“We are honored to co-host the first international visit of Chief Justice Maimun since her historic appointment as the first female Chief Justice of Malaysia,” said OPDAT Director Ehrenstamm. “Her visit marks an important milestone in the U.S. Government and Malaysian justice sector relationship.”

“Let me express my deep appreciation to the U.S. Department of Justice, OPDAT, the U.S. State Department, Judge Loretta A. Preska and the Southern District of New York, and the NYPD for the opportunity to visit America and exchange best practices,” said Chief Justice of Malaysia Maimun. “I look forward to a series of fruitful discussions on a number of topics of mutual interest and benefit to both Malaysia and the United States. I have no doubt it will be an enriching experience. I also look forward to continuing our cooperation as we work together to strengthen our bilateral relationship. I am pleased we can join together to promote the independence of the judiciary and the rule of law.”

On December 16, the U.S. District Court for the Southern District of New York will host a luncheon for Chief Justice Maimun with the women judges of New York federal and state courts. On December 17, the New York Bar Association will host a Continuing Legal Education (CLE) event at 5:30 p.m. in Room 850 of the Daniel Patrick Moynihan Courthouse in Manhattan.  The CLE is open to members of the bar and the press.  Topics will include the Malaysian Court framework, including the civil, criminal, tribal and Shariah sectors, as well as ethical obligations, the role of women in judicial leadership roles, the strengthening of judicial security, and best practices to combat cyber crime.

To learn more about OPDAT, visit: https://www.justice.gov/criminal-opdat.

The Department of Justice has selected an additional 30 Indian tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides federally recognized tribes the ability to access and exchange data with national crime information databases for both criminal and non-criminal justice purposes. 

 “The Tribal Access Program is strengthening tribal governance and public safety in tribal communities across the United States,” said Attorney General William P. Barr. “TAP provides law enforcement and tribal governments real-time access to data that can help locate a missing person, identify a dangerous fugitive or prevent a domestic abuser from obtaining a gun, among many other important functions. The Trump administration is committed to fixing these public safety gaps and serving victims in Indian country. I believe the expansion of this law enforcement tool will prove to be critical in achieving those goals.”

TAP is currently deployed to more than 75 tribes across the country with over 300 participating tribal justice agencies. The program provides software to enable tribes to access national crime information databases and/or a kiosk-workstation that provides the ability to submit and query fingerprint-based transactions via FBI Criminal Justice Information Services (CJIS) Next Generation Identification (NGI) System. 

This fifth expansion of TAP is part of the Justice Department’s continuing focus on public safety in American Indian and Alaska Native communities, allowing tribes to more effectively serve and protect their communities by ensuring the exchange of critical data with federal and state databases.

On Nov. 22, Attorney General Barr launched a national strategy to address the issues surrounding missing and murdered Native Americans, and TAP provides the ability for participating tribes to exchange data with FBI CJIS, including data on missing persons from the National Crime Information Center (NCIC).

In October, the Justice Department announced an unprecedented $273 million in grants to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities.

The following tribes have been selected for the next phase of TAP:

Bay Mills Indian Community, Michigan

Bear River Band of the Rohnerville Rancheria, California

Central Council of the Tlingit & Haida Indian Tribes

Chippewa Cree Indians of the Rocky Boy’s Reservation, Montana

Confederated Tribes of the Colville Reservation

Cowlitz Indian Tribe

Flandreau Santee Sioux Tribe of South Dakota

Fort Mojave Indian Tribe of Arizona, California & Nevada

Iowa Tribe of Kansas and Nebraska

Jamestown S’Kallam Tribe

Kenaitze Indian Tribe

Miami Tribe of Oklahoma

Muckleshoot Indian Tribe

Nisqually Indian Tribe

Nooksack Indian Tribe

Ohkay Owingeh, New Mexico

Prairie Band Potawatomi Nation

Pueblo of Pojoaque, New Mexico

Pueblo of Taos, New Mexico

Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada

Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin

San Carlos Apache Tribe of the San Carlos Reservation, Arizona

San Pasqual Band of Diegueno Mission Indians of California

The Chickasaw Nation

The Muscogee (Creek) Nation

The Osage Nation

Wampanoag Tribe of Gay Head (Aquinnah)

Washoe Tribe of Nevada & California (Carson Colony, Dresslerville Colony, Woodfords Community, Stewart Community & Washoe Ranches)

Yankton Sioux Tribe of South Dakota

Yavapai-Prescott Indian Tribe

TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), have orders of protection enforced off-reservation, protect children, keep firearms away from persons who are disqualified from receiving them, improve safety within public housing, and allows tribes to record their arrests and convictions in national databases.

TAP supports tribes in analyzing their needs for national crime information with appropriate solutions, including a state-of-the-art biometric/biographic kiosk-workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and non-criminal justice purposes through the Department of Justice’s Criminal Justice Information Network. TAP, which is managed by the Chief Information Officer and the Office of Tribal Justice, provides specialized training and assistance for participating tribes, including computer-based training and on-site instruction, as well as a 24/7 help desk.

Recent success stories from the TAP program include:

• A tribal foster care program conducted fingerprint-based record checks of a couple who applied to be foster parents. The prints, which were searched via the TAP biometric kiosk-workstation, revealed that one of the applicants had an extensive criminal record, including a manslaughter charge. TAP allowed the tribal foster care program to quickly learn this information and thus cease the licensing process.
• A tribal police department utilized TAP to develop leads that eventually resulted in the arrest of a suspect and seizure of 400 counterfeit OxyContin pills laced with fentanyl.
• A tribal child protective services program conducted a name-based check of subjects under investigation for child abuse/neglect. One subject was determined to have an active warrant. A second subject was found to have an extensive violent criminal history and be the subject of an order of protection issued in another state. The tribal child protective services program promptly notified law enforcement of the outstanding warrant.
• A tribal court entered information into national databases to prevent a person with a prior domestic violence conviction who was threatening a former spouse from purchasing a firearm.
• A tribal sex offender registry program has entered all tribally-registered sex offenders into the National Sex Offender Registry (NSOR) file, information which is accessible to all law enforcement agencies nationwide.

TAP is primarily funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART); the Office of Community Oriented Policing Services (COPS); and the Office for Victims of Crime (OVC).  TAP prioritized tribal applicants that have a law enforcement agency currently unable to access the FBI CJIS databases; have a tribal sex offender registry pursuant to the Adam Walsh Act and are currently unable to easily submit data to national crime information databases; and/or have a tribal court which issues orders of protection in domestic violence cases.

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

For more information about the Justice Department’s work on tribal justice, public safety issues and victim services, visit www.justice.gov/tribal.

Attorney General William P. Barr issued the following statement:

“Ed is one of the most highly regarded lawyers at the Department of Justice. His dedication and tireless commitment to the work of the Department is second to none. Ed possesses a rare combination of sharp intellect, common sense, and sound judgment – traits that served him well from his time as a prosecutor in the Southern District of New York to his service at the highest levels of the Department, including as Acting Deputy Attorney General. We were lucky to have him at the heart of the leadership team at DOJ. He will be greatly missed.”

Deputy Attorney General Jeffrey A. Rosen issued the following statement on the appointment of Seth DuCharme as Principal Associate Deputy Attorney General, effective December 23, 2019: 

“Seth is a dedicated public servant and long-time career prosecutor of the highest caliber. From his time as Chief of the Criminal Division in the Eastern District of New York to most recently serving with distinction as Counselor to the Attorney General for criminal and national security matters, Seth’s sharp intellect, quick thinking, and excellent judgment have greatly benefitted all who have worked with him. His deep experience in areas ranging from narcotics trafficking and cybercrime to terrorism and public corruption will be an asset to the Office of the Deputy Attorney General. I look forward to Seth serving by my side at the Department of Justice.”

A Louisiana resident and owner of a freight forwarding company pleaded guilty today in federal court in the Eastern District of Louisiana to trafficking exotic birds that are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Paul Tallman of Kenner, Louisiana, owner of Aerotyme-Inc., pleaded to the charges, which stemmed from a scheme by codefendant William McGinness to ship birds from California to the Port of New Orleans for export to Taiwan.  This scheme sought to avoid a 2015 Taiwanese ban on the import of all California birds due to the risk of highly pathogenic avian flu. The shipment contained 86 birds, including three falsely labeled macaws.

“This illegal scheme flouted federal and international laws meant to protect exotic birds from exploitation as well as international efforts to contain infectious disease,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “This case shows well how federal law enforcement protects our nation’s resources, its biodiversity, and the public’s health from criminal enterprises.”

On Dec. 11, 2019, McGinness pleaded guilty to conspiracy to smuggle and make false statements in violation of the Lacey Act, as well as a false statement charge. Another codefendant, Rene Rizal, also pleaded guilty to a false statement charge.

McGinness had Tallman and Rizal create and certify false paperwork to facilitate the shipment of the birds from New Orleans. McGinness trucked the birds from California to Aerotyme Inc. in Kenner, Louisiana, where he and Tallman submitted false paperwork, including a veterinary health certificate certifying that the birds were disease free, to agents of the U.S. Fish and Wildlife Service. Federal law enforcement officers seized 14 birds prior to export.

Codefendants Wayne Andrews, a bird breeder, and Alex Madriaga, a veterinarian, both from California, previously pleaded guilty to creating false documents to facilitate McGiness’ plan to transport the birds from California to Louisiana. Andrews’ and Madriaga’s sentencings are scheduled for Jan. 15, 2020. Rizal’s, McGinness’ and Tallman’s sentencings are scheduled for March 4, 2020.

The maximum sentence for Tallman is one year in prison and a fine of up to $100,000. The maximum sentence for McGinness and Rizal is five years in prison, three years of post-release supervision, and a fine of up to $250,000.  Andrews and Madriaga face a maximum sentence of one year in prison and a fine of up to $100,000. 

The U.S. Fish and Wildlife Service, Office of Law Enforcement investigated this case. Trial Attorney Mary Dee Carraway of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Missy Bucher of the Eastern District of Louisiana are prosecuting the case.

Sea Harvest Inc., operator of the fishing vessels Enterprise and Pacific Capes, along with Fishing Vessel Enterprises Inc., the vessels’ owner, pleaded guilty today to violating the Clean Water Act for both knowing and negligent discharges of oily bilge water from the vessels’ engine rooms. The companies were sentenced to pay a $1 million criminal fine and serve a five-year term of probation. As a special condition of probation, the companies will be required to implement a robust environmental compliance plan at their own expense that will cover 36 commercial fishing vessels that are owned or operated by the defendants.

“The laws that govern the discharge of oily bilge waste from vessels have been on the books for decades,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “Today’s plea should send the message that we will no longer tolerate the routine discharge of oily bilge waste into New Bedford Harbor and its surrounding waters. Vessel owners and operators can either voluntarily comply with laws that protect the nation’s waters or face criminal prosecution.”

“The defendants intentionally discharged pollutants from their fishing vessels into New Bedford Harbor,” said Special Agent in Charge Tyler Amon of EPA’s Criminal Investigation Division for New England. “It is important that we all treat our nation's resources with respect and to comply with our laws. EPA will continue to work with our enforcement partners with the State of Massachusetts and U.S. Coast Guard to investigate environmental crimes like this one that threaten marine life and the coastal waters of New England.”

According to court documents, the defendants owned and operated multiple vessels engaged in commercial fishing operations out of New Bedford, Massachusetts. From at least early 2017 until late 2018, as a result of insufficient supervision, fishing vessels owned and operated by the defendants discharged oily bilge waste from the vessels into the sea on multiple occasions. Count one of the information charged that, on Sept. 20, 2017, the New Bedford Massachusetts Police Port Security Unit traced an oil sheen in the Acushnet River to the F/V Enterprise, which was owned and operated by the defendants. When questioned about the sheen, the vessel’s manager confirmed that he had illegally pumped oily bilge water from the Enterprise’s engine room bilge overboard into the Acushnet River.

Previously, the vessel had been subject to several enforcement actions related to their improper management of oily bilge waste on the vessel. On Nov. 19, 2016, the U.S. Coast Guard issued a Letter of Warning to the vessel for pumping oily bilge waste into the Acushnet River. In addition, on or about Jan. 26, 2017, the Coast Guard issued a Captain of the Port Order requiring the vessel to return to port and discharge oily bilge water to a shore side facility. On Aug. 22, 2017, the U.S. Coast Guard held a community outreach meeting aimed at informing the commercial fishing community about the problem of discharging oily bilge water into New Bedford Harbor. Defendant’s representatives did not attend this meeting. Nevertheless, U.S. Coast Guard representatives went to the vessel to meet with the defendant’s representative after the meeting and provided handouts and information that detailed the prohibition of discharging oily bilge water into the sea. Less than a month later, the vessel made the illegal discharge that forms the basis of count one.

In a second incident that forms the basis of count two, on July 3, 2018, the Captain of the F/V Pacific Capes attempted to discharge water from a fish hold into New Bedford Harbor in Fairhaven, Massachusetts. In doing so, the Captain negligently failed to ensure that the valve alignment on the vessel’s bilge manifold was in the proper configuration to prevent the bilge pump from pumping oily bilge water overboard. Oil contamination was discovered alongside the Pacific Capes, as well as approximately 1,000 yards north of the vessel along the beach.

Commercial fishing vessels, such as the F/V Enterprise and F/V Pacific Capes, generate oily bilge water in their machinery spaces. This oily bilge water is the result of fuel, lubrication oil, fresh water, and sea water entering the bilge of the vessel and comingling. These leakages may originate from the main engines, generators, fuel lines, stern-tube packing glands and other piping, valves and machinery in the vessel.

There are two lawful means of disposing of oily bilge water from commercial fishing vessels such as the F/V Enterprise and F/V Pacific Capes. First, the oily bilge water may be retained onboard the vessel and then discharged ashore to a properly licensed reception facility. Second, the oily bilge water may be discharged offshore if it has been processed through an Oily Water Separator (OWS) that ensures that the oily bilge water discharged contains no more than 15 parts per million of oil to water. At all times relevant to the information, neither the F/V Enterprise nor the F/V Pacific Capes had onboard an OWS. Therefore, the only lawful manner in which oily bilge water could have been discharged from either vessel was to land the oily bilge water ashore and dispose of it through a properly licensed reception facility.

New Bedford Harbor, a busy commercial seaport, works to support its surrounding communities as it did through the whaling and industrial times. The harbor environment struggles from a more recent past of electrical device production which caused it to be one of EPA's largest Superfund cleanup sites. The harbor continues to require significant time and funding to clean up. Visit https://www.epa.gov/new-bedford-harbor/harbor-cleanup#Why for more information.

The Environmental Protection Agency’s Criminal Investigation Division and Coast Guard Investigative Service investigated the case.   Kenneth E. Nelson and Stephen Da Ponte of the U.S. Department of Justice’s Environmental Crimes Section are prosecuting the case. 

Attorney General William P. Barr has appointed Andrew R. Vara as the U.S. Trustee for Ohio and Michigan (Region 9) effective December 22, 2019, the Executive Office for U.S. Trustees (EOUST) announced today.  He will replace Daniel M. McDermott, who is retiring after 30 years of government service.  In addition to his appointment in Region 9, Mr. Vara also will continue to serve as the U.S. Trustee for Region 3 (Delaware, New Jersey, and Pennsylvania) on an interim basis.

Mr. Vara has served the U.S. Trustee Program with distinction for 26 years, first as a Trial Attorney under the Attorney General’s Honors Program and then as an Assistant U.S. Trustee in Wilmington, Delaware, from 2005 to 2008 and in Cleveland for the past 11 years.  He received his law degree from The Ohio State University Michael E. Moritz College of Law and his undergraduate degree magna cum laude from Duke University.

“Mr. Vara has made significant contributions to the U.S. Trustee Program both at the local and national levels, and he possesses the legal and managerial skills that will allow Region 9 to continue to perform at the highest level,” said EOUST Director Cliff White.  “I also congratulate and thank Mr. McDermott for his many years of exceptional leadership in support of the U.S. Trustee Program’s mission.”

The U.S. Trustee Program 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 USTP has 21 regions and 90 field office locations.  Region 9 is headquartered in Cleveland, Ohio, with additional offices in Cincinnati and Columbus, Ohio, and Detroit and Grand Rapids, Michigan.

The Department of Justice today announced awards of more than $333 million to help communities affected by the opioid crisis. The funds support families, children and crime victims dealing with the impact of substance abuse, along with first responders whose actions can often mean the difference between life and death for those who have overdosed.

“The opioid epidemic is the deadliest drug crisis this country has ever faced,” said Attorney General William P. Barr. “The Department of Justice is committed to using all means available to bring drug traffickers to justice, disrupt the supply chain, support our law enforcement officers, and help the victims.”

“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “This epidemic — the most deadly in our nation’s history — is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. OJP is here to support them through this unprecedented and extremely challenging time.”

With more than 130 people dying from opioid-related drug overdoses per day, the Department of Justice has made fighting addiction to opioids – including heroin and fentanyl – a national priority. The Trump Administration is providing critical funding for a wide range of activities – from preventive services and comprehensive treatment to recovery assistance, forensic science services and research – to help save lives and break the cycle of addiction and crime.

Funding was awarded under the following programs.

• The Comprehensive Opioid Abuse Programs ($163 million) will help jurisdictions plan and implement programs aimed at reducing opioid abuse and mitigating its impact on crime victims and will provide training and technical assistance.
• The Justice and Mental Health Collaboration Program ($23.8 million) will address the treatment needs of people using opioids.
• The Enhancing Community Responses to the Opioid Crisis: Serving Our Youngest Crime Victims ($15.8 million) program will help service providers ensure children and youth are supported as they heal from the impact of crime and substance abuse.
• The Opioid Affected Youth Initiative ($7.9 million) will develop effective programs for children, youth and their families who have been affected by the opioid crisis and drug addiction.
• The Drug Courts Program ($83.5 million) will provide financial and technical assistance to states and federally recognized tribes to develop and implement drug courts to help adults, youth and veterans suffering from substance abuse issues.
• The Child Abuse Training for Judicial Personnel program ($1 million) will provide specialized training for juvenile and family court judges on serving families affected by opioids.
• The Mentoring Opportunities for Youth Initiative ($15 million) will support mentoring programs that address the issues experienced by youth affected by opioids.
• The Research and Evaluation on Drugs and Crime Program ($6 million) will support research on criminal investigation, prosecution, drug intelligence and community surveillance to reduce violent and other crimes related to fentanyl and its analogues.
• The Paul Coverdell Forensic Science Improvement Grant Program ($17 million) is being made available to address the impact of the opioid crisis on forensic laboratory operations.

The more than $333 million in awards will be distributed to jurisdictions throughout the U.S. in order to maximize the effectiveness of the funding. Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.

In addition to providing unprecedented funding to combat the opioid crisis, the Trump Administration also created the Stop Opioid Abuse and Reduce Drug Supply and Demand Initiative, which prevents over-prescription, reduces the demand for drugs through education and awareness and cuts off the flow of illicit drugs across our borders. President Trump also signed the bipartisan Substance Use – Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, or the SUPPORT Act, the largest legislative effort ever to address a single drug crisis in our nation’s history. This law expands access to evidence-based treatment, protects communities from drugs, invests more in sustained recovery, brings those in treatment and recovery back into the workforce and raises awareness of the dangers of illicitly imported synthetic opioids. 

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

The Department of Justice today announced the release of a revised policy for business organizations regarding voluntary disclosures of export control and sanctions violations (Voluntary Self-Disclosure Policy or VSD Policy).  The Voluntary Self-Disclosure Policy builds on the guidance NSD issued in October 2016, and will be formally incorporated into the Justice Manual.  This revised VSD Policy signals the Department’s continued emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of a non-prosecution agreement and significant reductions in penalties.

“Protecting our nation’s sensitive technologies and preventing transactions with sanctioned entities are DOJ priorities, but we cannot succeed alone,” said Assistant Attorney General for National Security John C. Demers. “We need the private sector to come forward and work with DOJ.  The revised VSD Policy should reassure companies that, when they do report violations directly to DOJ, the benefits of their cooperation will be concrete and significant.”

The Department encourages companies to voluntarily self-disclose all potentially willful  violations of the statutes implementing the U.S. government’s primary export control and sanctions regimes—the Arms Export Control Act (AECA), 22 U.S.C. § 2778, the Export Control Reform Act (ECRA), 50 U.S.C. § 4801 et seq., and the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. § 1705—directly to NSD.  The VSD Policy includes three key changes from the predecessor guidance, all of which provide further incentives for corporations to voluntarily self-disclose violations to the DOJ.

1. The VSD Policy clarifies the benefits that are available to companies that voluntarily disclose a violation, fully cooperate with NSD, and timely and appropriately remediate.  Specifically, absent aggravating factors, there is a presumption that the company will receive a non-prosecution agreement and will not be assessed a fine.  If aggravating circumstances warrant an enforcement action other than a non-prosecution agreement, but the company satisfies all other criteria, the VSD Policy states that DOJ will recommend a fine that is at least 50 percent lower than what would otherwise be available under the alternative fine provision and will not require the imposition of a monitor.  The prior guidance did not provide a presumption of any kind, and did not assign any concrete benefits to companies that met certain criteria.
2. The VSD Policy clarifies that disclosures of potentially willful conduct made to regulatory agencies, and not to DOJ, will not qualify for the benefits provided in the VSD Policy.
3. Finally, the VSD Policy was drafted to more closely resemble existing and analogous guidance from other DOJ components in an effort to standardize, to the extent possible, DOJ voluntary disclosure policies. Specifically, the definitions of “Voluntary Self-Disclosure,” “Full Cooperation,” and “Timely and Appropriate Remediation” closely mirror those provided in the FCPA Corporate Enforcement Policy.   

The VSD Policy is effective today, December 13, 2019.  It applies only to export control and sanctions matters brought by the National Division’s Counterintelligence and Export Control Section.  It does not apply to any other section in the National Security Division, any other part of the Department of Justice, or any other agency. The precise terms of the VSD Policy, and additional information about the Justice Department’s National Security Division, Counterintelligence and Export Control Section and its enforcement efforts, can be found at this link.