District Not Recorded

The Justice Department today announced that it has filed a lawsuit against John and Susan Klosterman alleging that female tenants in the Klostermans’ residential rental properties in Cincinnati, Ohio, were subjected to sexual harassment, coercion, intimidation, and threats in violation of the federal Fair Housing Act. Each of the defendants owns or manages properties where the illegal conduct occurred.

Today’s lawsuit alleges that John Klosterman sexually harassed female residents at the rental properties from at least 2013 through the present. According to the complaint, he engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, offering to reduce rent and overlooking or excusing late or unpaid rent in exchange for sex, evicting or threatening to evict female tenants who objected to or refused sexual advances, and entering the homes of female tenants without their consent. The lawsuit further alleges that Susan Klosterman is liable under the Fair Housing Act because John Klosterman managed the rental properties on her behalf when he engaged in the harassment, coercion, intimidation, and threats.

“No woman should have to endure sexual harassment in order to remain in her home,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Sexual harassment in housing is unacceptable and illegal, and landlords should be on notice that the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”

“Fair housing is fundamental,” said U.S. Attorney Benjamin Glassman. “No one should have to experience a landlord’s pervasive sexual harassment. That’s not only wrong, but also illegal under federal law. This office is committed to vigorously enforcing the protections guaranteed by the Fair Housing Act.”

In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative. The Initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.

The Justice Department has filed or settled eight sexual harassment cases since Jan. 20, 2017, and has recovered over $1.6 million for victims of sexual harassment in housing.

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

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or operated by John or Susan Klosterman, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:

• English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 9992 to leave a message; or
   
• Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 6 to leave a message.

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

Today Attorney General Sessions issued the following memo to U.S. Attorneys providing guidance regarding the use of capital punishment in drug-related prosecutions: "The opioid epidemic has inflicted an unprecedented toll of addiction, suffering, and death on communities throughout our nation. Drug overdoses, including overdoses caused by the lethal substance fentanyl and its analogues, killed more than 64,000 Americans in 2016 and now rank as the leading cause of death for Americans under 50. In the face of all of this death, we cannot continue with business as usual.

"Drug traffickers, transnational criminal organizations, and violent street gangs all contribute substantially to this scourge. To combat this deadly epidemic, federal prosecutors must consider every lawful tool at their disposal. This includes designating an opioid coordinator in every district, fully utilizing the data analysis of the Opioid Fraud and Abuse Detection Unit, as well as using criminal and civil remedies available under federal law to hold opioid manufacturers and distributors accountable for unlawful practices.

"In addition, this should also include the pursuit of capital punishment in appropriate cases. Congress has passed several statutes that provide the Department with the ability to seek capital punishment for certain drug-related crimes. Among these are statutes that punish certain racketeering activities (18 U.S.C. § 1959); the use of a firearm resulting in death during a drug trafficking crime (18 U.S.C. § 924(j)); murder in furtherance of a continuing criminal enterprise (21 U.S.C. § 848(e)); and dealing in extremely large quantities of drugs (18 U.S.C. § 3591(b)(1)). I strongly encourage federal prosecutors to use these statutes, when appropriate, to aid in our continuing fight against drug trafficking and the destruction it causes in our nation."

Note: To view the signed memo click here. 

The Justice Department today announced that it has reached a settlement agreement with Learning Care Group (LCG), the second largest for-profit child care provider in North America, headquartered in Novi, Michigan.  LCG owns and operates over 900 child care centers nation-wide operating under seven brand names including, but not limited to: La Petite Academy, Childtime Learning Centers, Tutor Time Child Care/Learning Centers, The Children’s Courtyard, Montessori Unlimited, Everbrook Academy, and Creative Kids Learning Center.  The matter was handled by the Justice Department’s Civil Rights Division and the United States Attorney’s Office for the Eastern District of Michigan.

The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) that LCG was discriminating against children with insulin dependent diabetes, on the basis of disability, by failing to make certain reasonable modifications for those children.  Under the agreement, LCG agreed to pay $10,000 in compensatory damages to each of the eight aggrieved individuals and families identified.  

LCG also agreed to evaluate each request for reasonable modification on an individualized basis, using objective evidence and current medical standards, and where appropriate, will train child care staff members to assist with routine diabetes care tasks, including the administration of insulin by pen, syringe, or pump. 

 “The ADA guarantees all children, including those with insulin dependent diabetes, equal access to child care centers,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division.  “We applaud LCG for taking steps to enable parents of children with diabetes to enjoy the benefits of child care while knowing staff will be trained to ensure that their child is well cared for.” 

“Given the critical role that dependable child care plays in a parent’s ability to work or go to school, we are proud that this settlement will ease the struggle to find quality child care for families of children with disabilities,” said United States Attorney Matthew Schneider.  “The United States Attorney’s Office will continue to work to ensure the equal rights of individuals with disabilities in our community.”  

People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), and access the ADA website at http://www.ada.gov, or contact the U.S. Attorney’s civil rights hotline at 313-226-9151.

Vishnubhai Chaudhari, 50, and Leelabahen Chaudhari, 44, of Kimball, Nebraska, and Indian nationals unlawfully residing in the United States, were sentenced yesterday in federal court in Omaha after previously pleading guilty on Dec. 18, 2017, to alien harboring for financial gain and conspiracy to harbor an alien, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Joe Kelly for the District of Nebraska, and Special Agent in Charge Tracy Cormier of ICE Homeland Security Investigations (HSI). 

U.S. District Court Judge Lauri Smith Camp sentenced both of the defendants to one year and one day in prison, followed by two years’ supervised release. The defendants also agreed to the entry of a stipulated judicial order of removal to India at the completion of their sentences and paid the victim $40,000 in restitution as a condition of their guilty pleas. 

According to documents filed in court, the defendants admitted to conspiring to harbor the victim, who was an undocumented Indian national, at a Super 8 Motel in Kimball between October 2011 and February 2013.  During that time, the defendants required the victim to work long hours, seven days a week at the motel, performing manual labor, including cleaning rooms, shoveling snow, and doing laundry. Although the defendants promised to pay the victim, they never did, but rather claimed to apply that amount to a debt the victim owed.  The defendants further restricted the victim’s movement, isolated him, and verbally abused him.  Defendant Vishnubhai Chaudhari also threatened to find the victim if he ever left the motel, and defendant Leelabahen Chaudhari regularly assaulted the victim, including on one occasion when she slapped his face several times because he had failed to clean a bathtub to her standards.  The victim eventually escaped with the help of a motel guest and local law enforcement.

“Today’s sentence, and the restitution awarded to the victim, sends a clear message that the Justice Department will use its full resources to prosecute defendants like this one who motivated by their greed violate our immigration laws and exploit a vulnerable individual who lacked immigration status,” said Acting Assistant Attorney General John Gore of the Civil Rights Division.

“This case is a reminder that labor exploitation occurs in the United States, not just overseas, and federal law targets those who profit from human trafficking and related crimes,” said U.S. Attorney Joe Kelly for the District of Nebraska. “This case is a testament that such conduct will be vigorously investigated and prosecuted in the District of Nebraska.”

“Human trafficking is the modern world’s version of enslaving another person for profit. That is what these individuals have done to this victim,” said Special Agent in Charge Tracy Cormier of HSI St. Paul. “I’m proud of the work accomplished by HSI’s special agents, our partners at the U.S. Attorney’s Office for the District of Nebraska, and the Department of Justice, who made these guilty pleas possible.”

The case was investigated by the Department of Homeland Security’s Homeland Security Investigations, and was prosecuted by Trial Attorneys Olimpia Michel and Shan Patel of the Civil Rights Division’s Criminal Section and Human Trafficking Prosecution Unit and Assistant U.S. Attorney Frederick D. Franklin of the District of Nebraska.

An Atlanta, Georgia, woman was sentenced today to 15 months in prison for filing a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Byung J. Pak for the Northern District of Georgia.

According to documents and evidence presented in court, Gianna C. Liady co-owned K-1 Financial, a tax return preparation firm operating in Atlanta, Georgia.  In November 2017, Liady pleaded guilty to a one-count Information charging her with assisting in the preparation and filing of a false federal income tax return.  Liady prepared and filed false tax returns on behalf of K-1 Financial’s customers causing a tax loss to the United States of approximately $197,506.

In addition to the term of imprisonment, U.S. District Court Judge Eleanor L. Ross ordered Liady to serve one year of supervised release and to pay restitution in the amount of $197,506.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Pak thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Bernita Malloy and Trial Attorney Sean Beaty of the Tax Division, who prosecuted the case.

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

Four defendants were sentenced this month in federal court in Trenton, New Jersey, as a result of their roles in a multi-state dog fighting conspiracy that extended to New Mexico and Indiana. Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Craig Carpenito of the District of New Jersey made the announcement.

• Today, Lydell Harris, 32, of Vineland, New Jersey, a/k/a “Sinn,” was sentenced to serve 17 months in prison. He had pleaded guilty to one felony count of conspiracy to sponsor or exhibit a dog in an animal fighting venture, and one felony count of possessing a dog intended for use in an animal fighting venture. 
• Anthony “Monte” Gaines, 37, of Vineland, New Jersey, was sentenced on March 5, 2018, to serve 42 months in prison. Gaines had pleaded guilty to two felony counts of conspiracy to buy, sell, receive, transport, deliver, and possess dogs intended for use in an animal fighting venture, and one felony count of possessing a dog intended for use in an animal fighting venture. 
• Frank Nichols, 40, of Millville, New Jersey, was sentenced March 9, 2018, to serve 57 months in prison. He had pleaded guilty to one felony count of conspiracy to transport, deliver and receive dogs intended for use in an animal fighting venture, and one felony count of possessing a stolen firearm subsequent to a felony conviction. 
• Pedro Cuellar, 47, of Willow Springs, Illinois, was sentenced on March 12, 2018, to serve 12 months and a day in prison. He had pleaded guilty to one felony count of conspiracy to transport, deliver, and receive dogs intended for use in an animal fighting venture.

A fifth co-defendant who has pleaded guilty will be sentenced on April 18, 2018. The court is expected to set a trial date for four additional defendants for some time this summer. Judge Anne E. Thompson sentenced Gaines and Judge Peter G. Sheridan sentenced Harris, Cuellar, and Nichols.

According to court documents filed in connection with the cases, from October 2015 through June 1, 2016, the defendants and their associates fought dogs – including to the death – and trafficked in dogs with other dog fighters in Indiana, Illinois, New Mexico, and elsewhere so that those dogs could be used in dog fights. They also maintained fighting dogs and dog fighting equipment such as dog treadmills, intravenous drug bags and lines, “breeding stands” used to immobilize female dogs, and chains weighing up to several pounds per linear foot. Agents found canine blood on the floor, walls, and ceiling of the basement of one defendant’s residence, indicating that the area was likely used as a dog fighting pit. Among other acts involved in the charges, one of the pleading defendants admitted that his dog died in his car on the way home after losing a dog fight.

“In close partnership with the U.S. Attorneys’ Offices and USDA Office of Inspector General, our Division is aggressively pursuing those who engage in illegal animal fighting ventures,” said Acting Assistant Attorney General Wood. “These sentencings demonstrate our firm commitment to prosecute those who violate federal laws banning the torture of animals in the fighting ring. As these cases also demonstrate, animal fighting ventures often involve other forms of serious criminal conduct like illegal gambling and illegal trafficking in drugs and weapons. I applaud the law enforcement officers and prosecutors who worked tirelessly to deliver justice in these cases.”

“Dog fighting is vicious and cruel.  And beyond the needless suffering it inflicts on animals, it exacts a toll on local animal shelters, charitable humane organizations, and the taxpayers of New Jersey,” said U.S. Attorney Carpenito. “We applaud our local and federal partners who investigated this case and brought the offenders to justice. The message from these sentencing is simple: if you fight dogs in New Jersey, you will face prosecution and imprisonment.”

“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” said Special Agent in Charge Bethanne M. Dinkins for U.S. Department of Agriculture’s Office of Inspector General. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

“Homeland Security Investigations is proud to have been involved in this interagency investigation that sends a clear message that New Jersey will prosecute such offenders to the fullest extent of the law,” said Resident Agent in Charge Richard Reinhold for Cherry Hill Homeland Security Investigations. “It also points to the diverse law enforcement work that HSI performs on a daily basis.”

This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting.  The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, 98 dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement. The government is represented by Trial Attorney Ethan Eddy of the Justice Department’s Environmental Crimes Section, and Assistant U.S. Attorney Kathleen O’Leary. The case is being investigated by the U.S. Department of Agriculture – Office of Inspector General, the U.S. Department of Homeland Security – Homeland Security Investigations, and the Federal Bureau of Investigation.

The Justice Department today announced a settlement with two St. Louis landlords, Hezekiah and Jameseva Webb, to resolve a lawsuit alleging that they violated the Fair Housing Act by subjecting fifteen female tenants in their rental properties to sexual harassment over the course of two decades.

The lawsuit arose from a complaint filed by a former tenant with the U.S. Department of Housing and Urban Development (HUD).  The suit alleged that Hezekiah Webb, who served as property manager for the Webbs’ rental properties, sexually harassed female tenants at those properties.  The United States alleged that Hezekiah Webb conditioned housing and housing benefits on female tenants’ agreement to engage in sexual acts, coerced female tenants to engage in unwelcome sexual acts, subjected female tenants to unwanted sexual touching and other unwanted sexual acts, made unwelcome sexual comments and advances to female tenants, and took adverse actions against female residents when they refused his sexual advances.  The lawsuit further alleged that Jameseva Webb was liable under the Fair Housing Act because Hezekiah Webb acted as her agent when he engaged in the harassment.

Under the settlement, Hezekiah and Jameseva Webb will pay a total of $600,000 in monetary damages to fifteen former and prospective tenants who were subjected to sexual harassment, as well as a $25,000 civil penalty to the United States.  The settlement also bars Hezekiah and Jameseva Webb from continuing to serve as property managers.  The Webbs have advised the United States that they plan to sell their remaining five residential rental properties.  If they fail to do so within 180 days, the settlement will impose certain requirements on them with regard to the remaining properties, including adoption of a sexual harassment policy, creation of tenant complaint procedures, and training on the Fair Housing Act’s requirements.

“Sexual harassment is unacceptable and intolerable, especially in the home, where landlords and property managers have the power to control so many aspects of a vulnerable tenant’s life,” said Acting Assistant Attorney General John Gore of the Civil Rights Division.  “The Justice Department and its Sexual Harassment in Housing Initiative will continue to aggressively pursue sexual harassment in housing, even when the conduct occurred years ago.”

“No woman should have to put up with unwanted sexual advances in order to keep a roof over her head,” said Anna Maria Farías, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “Today’s settlement sends a loud and clear message that HUD and the Justice Department are committed to taking appropriate action against housing providers who deprive women of the right to feel safe and secure in their home.”

In October, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative (SHHI). The initiative specifically seeks to increase the Department’s efforts to protect individuals from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners.  In 2017, the Justice Department recovered more than $1 million in damages for harassment victims. This is the first settlement announcement in 2018.

The Justice Department, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Sexual harassment is a form of discrimination prohibited by the Act.  Individuals who believe that they may have been victims of housing discrimination can contact the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777 or through its website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp.  More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

WASHINGTON – A federal court in Fort Worth, Texas has permanently barred Munah Youssef, also known as Munah Harris Youssef, and her corporation, 3M & Sons Tax and Beauty Salon LLC, from preparing tax returns for others, the Justice Department announced today. U.S. Senior District Judge Terry R. Means entered the order, which defendants consented to. The order also authorizes the United States to conduct discovery to monitor Youssef’s and her corporation’s compliance.

Youssef and 3M & Sons Tax and Beauty Salon LLC admitted the allegations in the government’s complaint filed in December 2017, including the allegation that Youssef prepared returns for her customers that included false claims of education credits, fuel tax credits, and business expenses.    

The IRS has a list of steps on their website that you can take now in anticipation of filing your 2017 federal income tax return and ten tips for choosing a tax preparer. Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2018 and taxpayers seeking a return preparer should remain vigilant. The IRS has some information on their 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.

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Today Attorney General Jeff Sessions released the following statement on President Trump’s plan to end the devastating opioid epidemic: “Drug dealers show no respect for human dignity and put their own greed ahead of the safety and even the lives of others. Drug trafficking is an inherently violent and deadly business: if you want to collect a drug debt, you collect it with the barrel of a gun. As surely as night follows day, violence and death follow drug trafficking, and murder is often a tool of drug traffickers.

“At the Department of Justice, we have made ending the drug epidemic a priority. We will continue to aggressively prosecute drug traffickers and we will use federal law to seek the death penalty wherever appropriate.

“I want to thank the President for his strong leadership on this issue and I join him in sending the message that business as usual has ended.”

A Massachusetts temporary employment agency operator pleaded guilty today in Boston federal district court to willfully failing to collect and pay over employment taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to information presented in open court and filed documents, Huong Le, also known as Lynn Le, assisted Tien Chau in the operation of an employment agency that provided temporary labor to businesses in Massachusetts and New Hampshire.  The agency operated under at least four different names between 2006 and 2011:  Central Boston Staffing Services, Metro Boston Staffing Services, General Staffing Inc. and Kim’s Staffing Inc.  Le and Chau used family members and other individuals as nominees to conceal their ownership of the business.  

From April 2010 through September 2011, Le was required to collect and pay over to the IRS employment taxes relating to the agency’s workers.  Le and others underreported to the agency’s payroll company the total number of employees and wages paid, which caused the payroll company to prepare and file false forms with the IRS on behalf of the employment agency. 

As part of her scheme, Le attempted to hide the size of the employment agency’s workforce by paying employees cash under the table.  Le also personally cashed over $6 million in checks payable to the employment agency at a check casher, caused others to cash over $4.9 million at the check casher, and caused others to incorporate the employment agency under nominee names and open bank accounts in those names.  Chau previously pled guilty to conspiring to defraud the government, failing to pay over employment taxes and obstructing the internal revenue laws and is awaiting sentencing.

U.S. District Judge George A. O’Toole, Jr., scheduled sentencing for June 19.  Le faces a statutory maximum sentence of five years in prison.  She also faces a period of supervised release, restitution in the amount of $256,627, and monetary penalties. 

Principal Deputy Assistant Attorney General Zuckerman thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Brittney Campbell and Shawn Noud, who are prosecuting the case.  Principal Deputy Assistant Attorney General Zuckerman also thanked Deputy Chief of Investigations Anthony DiPaolo of the Insurance Fraud Bureau of Massachusetts for his agency’s assistance with the investigation.

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

Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo U.S.A. Inc., f/k/a Toyobo America Inc. (collectively, Toyobo), have agreed to pay $66 million to resolve claims under the False Claims Act that they sold defective Zylon fiber used in bullet proof vests that the United States purchased for federal, state, local, and tribal law enforcement agencies, the Justice Department announced today. 

The settlement resolves allegations that between at least 2001 and 2005, Toyobo, the sole manufacturer of Zylon fiber, knew that Zylon degraded quickly in normal heat and humidity, and that this degradation rendered bullet proof vests containing Zylon unfit for use.  The United States further alleged that Toyobo nonetheless actively marketed Zylon fiber for bullet proof vests, published misleading degradation data that understated the degradation problem, and when Second Chance Body Armor recalled some of its Zylon-containing vests in late 2003, started a public relations campaign designed to influence other body armor manufacturers to keep selling Zylon-containing vests.  According to the United States, Toyobo’s actions delayed by several years the government’s efforts to determine the true extent of Zylon degradation.  Finally, in August 2005, the National Institute of Justice (NIJ) completed a study of Zylon-containing vests and found that more than 50 percent of used vests could not stop bullets that they had been certified to stop.  Thereafter, the NIJ decertified all Zylon-containing vests.

“Bulletproof vests are sometimes what stands between a police officer and death,” said Attorney General Jeff Sessions.  “Selling material for these vests that one knows to be defective is dishonest, and risks the lives of the men and women who serve to protect us. The Department of Justice is committed to the protection of our law enforcement officers, and today’s resolution sends another clear message that we will not tolerate those who put our first responders in harm’s way.”

 “This settlement sends a strong message to suppliers of products to the federal government that they must be truthful in their claims, particularly with regard to health and safety,” said Carol Fortine Ochoa, Inspector General of the General Services Administration.

This settlement is part of a larger investigation undertaken by the Civil Division of the body armor industry’s use of Zylon in body armor.  The Civil Division previously recovered more than $66 million from 16 entities involved in the manufacture, distribution or sale of Zylon vests, including body armor manufacturers, weavers, international trading companies, and five individuals.  The settlement announced today brings the Division’s overall recoveries to over $132 million.  The United States still has lawsuits pending against Richard Davis, the former chief executive of Second Chance, and Honeywell International Inc.

The settlement announced today resolves allegations filed in two lawsuits, one brought by the United States and the other filed by Aaron Westrick, Ph.D., a law enforcement officer formerly employed by Second Chance who is now a Criminal Justice professor at Lake Superior University.  Dr. Westrick’s lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery.  The Act also allows the government to intervene and take over the action, as it did in 2005 in Dr. Westrick’s case.  Dr. Westrick will receive $5,775,000. 

This case was handled by the Justice Department’s Civil Division, along with the General Services Administration, Office of the Inspector General; the Department of Commerce, Office of Inspector General; the Defense Criminal Investigative Service; the U.S. Army Criminal Investigative Command; the Department of the Treasury, Office of Inspector General for Tax Administration; the Air Force Office of Special Investigations; the Department of Energy, Office of the Inspector General; and the Defense Contracting Audit Agency.   

The claims settled by this agreement are allegations only; there has been no determination of liability.  The lawsuits resolved by the settlement are captioned United States ex rel. Westrick v. Second Chance Body Armor, et al., No. 04-0280 (PLF) (D.D.C.) and United States v. Toyobo Co. Ltd., et al., No. 07-1144 (PLF) (D.D.C.).   

Attorney General Jeff Sessions today announced the launch of the Collaborative Reform Initiative Technical Assistance Center (CRI-TAC) during the International Association of Chiefs of Police (IACP) Division Midyear Conference in Nashville, Tennessee.

This follows the Attorney General’s announcement in September of 2017 that the Office of Community Oriented Policing Services would shift to better align the program to support local law enforcement consistent with the original intent of the authorizing statute. Consistent with that, the CRI-TAC brings together a coalition of the nation’s top public safety organizations under the leadership of the IACP to provide tailored technical assistance and a field driven approach to local policing agencies through a $7 million award from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office).

"Better training and the more sophisticated policing strategies were key reasons for 20 years of declining crime in America," Attorney General Sessions said. "I believe that continuing to advance our technical sophistication can help us reduce crime once again, and that's why we're investing in CRI-TAC. Improving access to training for our state and local law enforcement partners will mean better policing and a safer America."

Since the December 2017 announcement of the CRI-TAC award, the IACP and its partners have started planning technical assistance delivery to support three law enforcement agencies around their unique challenges. Those agencies include the Cedar Rapids (IA) Police Department, the McNeese State University (LA) Police Department, and the Knoxville (TN) Police Department, which has asked for technical assistance around effective gun violence reduction and prevention initiatives.

For the first time ever, the following law enforcement stakeholder organizations – and their over 420,000 members – are working together to create a center of resources and subject matter expertise explicitly focusing on the needs of local policing agencies: International Association of Chiefs of Police (IACP)
 

• "The IACP is excited to work alongside eight leading law enforcement leadership and labor organizations to build and deliver this comprehensive technical assistance center that can support the diverse agencies and communities around the U.S. with customized solutions for the field, by the field," said IACP President Louis M. Dekmar, Chief of the LaGrange, Georgia, Police Department.

Federal Bureau of Investigation National Academy Associates (FBINAA)
 

• “The vision of the FBI National Academy Associates is to provide continuous development and resources to the world's strongest law enforcement leadership network,” said Howard Cook, Executive Director, FBI National Academy Associates. “The Collaborative Reform Initiative for Technical Assistance Center (CRI-TAC) will allow us to provide cutting-edge and innovative education, training, and resources to law enforcement executives throughout the country.  By focusing on the most relative and important 21st century issues, we will be able to continue to impact communities by providing and promoting law enforcement leadership and enhancing the trust our citizens have bestowed on us.”

Fraternal Order of Police (FOP)
 

• “The National Fraternal Order of Police is honored to be a partnering member of this initiative,” said Chuck Canterbury, National President of the Fraternal Order of Police. “We view our participation as critical to the delivery of quality training opportunities to front line officers who have dedicated their lives to the protection of the public under some of the most adverse conditions we have seen in recent times.”

International Association of Campus Law Enforcement Administrators (IACLEA)
 

• “IACLEA is honored to be a part of this vital initiative,” said IACLEA President David Bousquet. “The input of campus public safety experts will enhance the project development and, ultimately, the technical assistance center. We look forward to rolling up our sleeves and working with our project partners.”

International Association of Directors of Law Enforcement Standards and Training (IADLEST)
 

• “IADLEST is proud to be a part of this project and to be partnering with so many other great organizations dedicated to increasing public safety and the effectiveness of community policing and reducing crime,” said Daniel Zivkovich, President of IADLEST. “We are very appreciative of the IACP for spearheading this initiative and allowing IADLEST to be a part of it.  Being the only membership organization that represents POST agencies and Academy Directors nationwide, we believe that IADLEST is an integral partner in this initiative.” 

Major Cities Chiefs Association (MCCA)
 

• “The Major Cities Chiefs Association looks forward to the ongoing partnership with the IACP and each program partner in the Collaborative Reform Initiative,” said Montgomery County, Maryland Police Chief Tom Manger. “The expertise of our combined membership will help provide solutions to some of the most challenging problems facing law enforcement in our commitment to service throughout our communities.”

National Association of Women Law Enforcement Executives (NAWLEE)
 

• “The National Association of Women Law Enforcement Executives (NAWLEE) is honored to be part of the rich coalition of participants,” said Valerie Cunningham, NAWLEE President. “We look forward to offering up the collective experience of our membership and subject matter expertise to deliver tailored resources to agencies looking for assistance.”

National Organization of Black Law Enforcement Executives (NOBLE)
 

• “The National Organization of Black Law Enforcement Executives (NOBLE) is very pleased to join the IACP and others in delivering Collaborative Reform Initiative technical assistance to law enforcement agencies across the nation,” said NOBLE President Clarence E. Cox, III. “We look forward to playing an integral role in this much needed effort which focuses on developing and executing a national law enforcement technical assistance program at all levels of law enforcement.  The technical assistance offerings will include everything from Active Shooter Responses to Police Responses to Mass Demonstrations of which NOBLE is well versed.”

National Tactical Officers Association (NTOA)
 

• “For 35 years, the National Tactical Officers Association (NTOA) has been dedicated to enhancing the performance and professional status of law enforcement personnel by providing a credible and proven training resource, as well as a forum for the development of tactics and information exchange.  We are excited to be a partner in the CRI-TAC and assist those agencies in need of our services.” Thor Eells, NTOA Executive Director.

For more information about the CRI-TA program, visit the COPS Office website https://cops.usdoj.gov/collaborativereform.

Law enforcement agencies seeking additional information or interested in submitting a voluntary request to participate in CRI-TAC should visit www.collaborativereform.org.

The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.

United States Attorney Trent Shores announced that Joshua Wofford, 33, of Tulsa, was sentenced today by United States District Judge John Dowdell to serve 162 months in federal prison.  A jury previously found Wofford guilty of violating the federal carjacking statute.  The jury acquitted Wofford of a related firearm count.  After release from prison, Wofford must serve three years on supervised release. Parole has been abolished in the federal system. 

On June 4, 2017, Wofford took a Chevrolet truck from a mother and her three children while they were parked in a convenience store parking lot in Tulsa, Oklahoma.  He then led Tulsa Police Officers on a high speed chase and hid in a wooded area until he was captured by Tulsa Police Officers.

United States Attorney Shores stated, “Violent crime can come with big time in the federal system. Carjackers should be on notice that federal prosecutors are working side by side with the Tulsa Police Department and ATF to protect our community. A 13 1/2 year sentence sends a strong message to any would be violent criminal.”

The Tulsa Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives jointly investigated this matter.  Assistant United States Attorney Eric O. Johnston represented the United States at the jury trial.

Three Miami, Florida-area home health agency owners were charged in an indictment unsealed yesterday for their alleged participation in a health care fraud scheme involving a now-defunct home health agency in Miami.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Ailin Consuelo Rodriguez Sigler, 39; Zoila C. Rios, 57; and Tomas A. Rodriguez, 66, were charged in an indictment filed in the Southern District of Florida with one count of conspiracy to commit health care fraud and wire fraud, and three counts of health care fraud.  Sigler, Rios and Rodriguez were arrested yesterday morning and appeared yesterday afternoon before U.S. Magistrate Judge Alicia M. Otazo-Reyes.

The indictment alleges that from approximately January 2011 through November 2014, Sigler, Rios and Rodriguez, owners of Florida Patient Care Corp. of Miami, Florida, were involved in a fraudulent scheme whereby they agreed with the owners and operators of multiple home health therapy staffing companies and others to bill Medicare for services that were medically unnecessary, not eligible for Medicare reimbursement, or were never provided.  

According to the indictment, Sigler, Rios, Rodriguez and their co-conspirators allegedly caused the submission of false and fraudulent claims to Medicare for home health therapy care, and physical and occupational therapy services purportedly provided by Florida Patient Care Corp. 

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.  

This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  Fraud Section Trial Attorney Yisel Valdes is prosecuting the case. 

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Chairman Hoeven, Vice-Chairman Udall, and Members of the Committee:

Thank you for inviting us today to discuss this critical issue and the Department of Justice’s (the Department) efforts to support Native communities dealing with the devastating aftermath of the opioid epidemic.  The Department has been uncompromising in our commitment to combatting drug abuse and drug crimes, particularly opioids, in Indian country and across the nation.

In my district, New Mexico, the opioid crisis in Indian Country is particularly acute. Despite its staggering natural beauty, northern New Mexico, and Espanola, New Mexico in particular, has one of the highest opioid overdose death rates in the country. For decades, Espanola has had a severe heroin problem.  And as you may know, Espanola is surrounded by Indian reservations. Many New Mexico Indian Pueblos, including the Pueblos of Santa Clara, Ohkay Owingeh, San Ildefonso, Picuris, Pojoaque, Nambe and Tesuque are all within a short distance of the Espanola area.  The opioid epidemic knows no boundaries, and so our Pueblos are equally affected by heroin and prescription opioids; individuals and communities alike continue to be plagued by the opioid scourge and its secondary effects.

At a recent consultation in New Mexico, one Pueblo Governor shared photographs of the parking lot of their casino. The photos revealed discarded needles, syringes and other drug paraphernalia scattered about the casino parking lot.  

At the same consultation, a Pueblo Chief of Police emotionally described losing a brother to a heroin overdose and a sister to a prescription opioid overdose.  The Chief of Police explained that the drug epidemic is dire in Northern New Mexico and that something needs to be done to address the problem.

The catastrophic impact that opioid abuse can have at every level of a community, from family units to infrastructure and economic stability, demands our best efforts to put forth effective and sustainable support to communities in crisis.  The Department has developed a multi-faceted response to addressing the threat and the impact of opioid abuse.  Our approach in Indian country is based on the belief that the Tribes are in the best position to identify solutions to problems in their communities.  We have sought to develop resources and initiatives that rely on partnership with the Tribes and are continually interested in hearing from our Tribal and federal partners as we adjust our efforts to better meet the needs of Native communities.   

An important element of the Department’s support is in providing opportunities for funding.  In fiscal year 2017, the Department awarded nearly $59 million to strengthen drug court programs and combat the opioid epidemic.  The Office of Justice Programs (OJP) administers the Department’s “Comprehensive Opioid Abuse Program.”  The goals of the Comprehensive Opioid Abuse Program are twofold: First, the program aims to reduce opioid misuse and the number of overdose fatalities.  Second, the program supports the implementation, enhancement, and proactive use of prescription drug monitoring programs (PDMPs) to support clinical decision-making and prevent the misuse and diversion of controlled substances.  Tribes are eligible to apply for a variety of funding opportunities under this program.  As an example of recent awards under this program, in Fiscal Year 2017, the Seneca Nation Peacemakers Court was awarded funds to create a community-driven, culturally competent diversion project aimed at helping Native American opioid users.  The Port Gamble S’Klallam Tribe was awarded funds in Fiscal Year 2017 to support drug courts and programs that support veterans.  The Department will continue to offer these opportunities to Tribes going forward.

The Department understands that effective coordination among federal agencies is crucial to ensuring our efforts are successful.  We have participated in the High-Intensity Drug Trafficking Areas (HIDTA) program, funded through the Office of National Drug Control Policy, for many years now. The HIDTA program increases collaboration and information sharing between Tribal law enforcement and federal, state, and local agencies to improve investigation and interdiction in Indian country.  As the Department continues to participate in the HIDTA program, our law enforcement agencies, particularly the Drug Enforcement Administration (DEA), have been working to build stronger relationships with other law enforcement agencies and service providers active in Indian country so that we are able to adjust our Task Force presence in Indian country most effectively.    

The Indian Country Law Enforcement Coordination Working Group, co-chaired by the Department of Justice and the Bureau of Indian Affairs (BIA) at the Department of the Interior, has become important to enhancing inter-agency federal law enforcement coordination in tribal communities.  The group includes representatives from 13 federal law enforcement agencies and has focused heavily on several aspects of the opioid epidemic including proliferation, identifying top challenges to law enforcement, and coordinating responses.  We will continue to use this working group to strengthen our coordinated efforts. For example, trafficking through the mail is a significant concern and we intend to use this working group as a forum to develop better ways to stop the movement of opioids through the postal service.  

We recognize that the crisis requires more than a law enforcement response, so our efforts to coordinate go beyond law enforcement.  For example, the Department is working closely with the Indian Health Service (IHS) of the Department of Health and Human Services to ensure that other federal agencies are aware of updated Prescription Drug Monitoring Program (PDMP) protocols in IHS facilities. The updated protocols have an impact on how some drug crimes are investigated and prosecuted, and on efforts to introduce safeguards against opioid abuse.  Additionally, we have developed a number of training opportunities to better equip law enforcement and service providers working in Indian country to address the drug crimes and the familial and community impacts of opioid abuse.  The Department has presented recent trainings, often in coordination with BIA, on opioid trends, investigative techniques, drug handling precautions regarding opioids, naloxone use, and indicators that opioids are present in a community.  Other training is available on violent crime associated with opioids, prescription drug diversion, and investigating and prosecuting medical professionals and others involved in distributing prescription medications outside the scope of legitimate medical practice.  These training opportunities are available to Tribal law enforcement and, in some cases, entirely geared for a Tribal audience.  The Department is currently working with BIA on a new opportunity tentatively slated for this summer that will bring Tribal law enforcement representatives together with a number of federal law enforcement agencies to train on a wide range of drug-related topics. 

Community outreach is another important aspect of our approach to this issue.  The DEA has conducted a prolonged community outreach effort in Indian country to educate Tribal leaders and citizens on opioids and other drugs.  Additionally, on October 28, 2017, the Department and BIA collaborated on the most recent Prescription Drug Take Back Day, which is a nationwide program that has also allowed the successful collaboration between BIA and DEA.  This initiative provided a safe, convenient, and responsible means of disposing prescription drugs, while also educating Native communities on the potential for opioid abuse.  Over 115 Tribal communities participated; we intend to repeat this initiative and expand participation in the future. 

Improved information sharing plays a crucial role in any law enforcement effort, even more so in the context of opioids as we all work to get ahead of this terrible epidemic.  The Tribal Access Program for National Crime Information (TAP) is an effective tool for participating Tribes to track and contribute data on opioid-related crimes and to perform required background checks. TAP assists Tribes by providing a means of access to national crime databases maintained by the FBI Criminal Justice Information Services (CJIS) Division for both criminal justice and civil background check purposes.  This has been an especially important tool for performing checks on those who have regular contact with children in Indian country, including schools and foster care.  Service providers in Indian country carry much of the burden of healing communities in the wake of opioid abuse, so we believe TAP plays an equally necessary role in ensuring safe providers as it does in sharing important law enforcement information.  

The use of data analytics to combat the opioid crisis is among the new tactics that are under development Department-wide.  Attorney General Sessions formed the Opioid Fraud and Abuse Detection Unit to utilize data analytics, such as distribution and inventory figures, to identify patterns, trends, and statistical outliers that can be developed into targeted law enforcement operations.  As we better understand the data across the country we will be able to better understand patterns and trends in Indian country. 

Our goal is clear: we must continue working in partnership with Tribal, federal, state, and local partners to respond to the opioid epidemic and to support communities that are affected by the crisis.  We are committed to putting forth our best efforts in this joint undertaking.  We appreciate this committee’s focus on this issue and look forward to working with you going forward. Thank you again for the opportunity to participate today. 

A Killeen, Texas, resident pleaded guilty today to aiding and assisting in the preparation and filing of a false tax return and aggravated identity theft, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.

According to court documents, Shermin Marshall devised a scheme to file false federal income tax returns on behalf of his clients.  Marshall admitted that he falsified specific items on his clients’ tax returns in order to fraudulently increase their tax refunds.  Marshall further admitted that he directed clients’ refunds to be deposited into financial accounts that he controlled and, unbeknownst to his clients, Marshall stole a portion of those refunds.  Marshall also admitted that to receive some of the fraudulent refunds he opened financial accounts in his clients’ names, without their permission.  Marshall admitted that his actions caused a tax loss of $397,367.

Marshall faces a maximum statutory penalty of up to 36 months in prison on the aiding and assisting count, plus a two-year mandatory sentence for the aggravated identity theft count.  He also faces a period of supervised release, restitution and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Robert A. Kemins and David Zisserson, who are prosecuting the case.

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

On April 9, the Department of Justice’s Antitrust Division will hold a public roundtable discussion to explore the issue of corporate antitrust compliance and its implications for criminal antitrust enforcement policy.

The roundtable will provide a forum for the Antitrust Division to engage with inside and outside corporate counsel, foreign antitrust enforcers, international organization representatives, and other interested parties on the topic of antitrust compliance.  Participants will discuss the role that antitrust compliance programs play in preventing and detecting antitrust violations, and ways to further promote corporate antitrust compliance.  The format of the program will be a series of panel discussions with featured speakers.  Audience participation in the discussions will be encouraged. 

The Roundtable will take place in the Great Hall of the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, DC, from 1:00 p.m. to 5:00 p.m. EDT.  The agenda can be found here.

“Corporate compliance is key to the Antitrust Division’s ultimate goals of preventing and uncovering criminal antitrust violations and protecting consumers and small businesses,” said Assistant Attorney General Makan Delrahim. “The Division values continued engagement with corporate counsel, the antitrust bar, and other stakeholders on this important topic.” 

The roundtable will be open to the public.  Individuals wishing to attend must register on the Department’s website. For more information or to submit questions or comments, please send an email to ATRCompliance@usdoj.gov.

Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted via email to Jeremy Edwards in the Office of Public Affairs at Jeremy.M.Edwards@usdoj.gov or by calling 202-307-2016. Requests should be made in advance. Please include a detailed description of the accommodation needed and provide contact information.

The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced a settlement with the owner of the Bunker Hill Mine, Placer Mining Company, Inc. (Placer Mining), resolving Placer Mining’s cleanup liability in Idaho’s northern panhandle. The Department of Justice and EPA have concurrently reached a settlement with the lessee of the Bunker Hill Mine, Bunker Hill Mining Corp. (BHMC), removing a barrier to new operations at the Mine.
The settlement:

• Protects area waterways and ecosystems, through the continued treatment of 1,300 gallons of acid mine drainage discharged per minute;
• Reduces the financial burden on federal taxpayers by shifting the responsibility for future wastewater treatment to the new operator; 
• Paves the way for a new mining enterprise, with the prospect of more jobs in Idaho’s Silver Valley; 
• Offers more regulatory certainty for current and future mine owners/operators; and
• Resolves close to three decades of litigation surrounding the cleanup of contaminated mine waste in Idaho’s Silver Valley.

“Today’s settlement ends years of litigation, recoups for taxpayers millions of dollars in cleanup costs, and ensures a better environment for the people of Idaho, while also spurring economic growth and job creation in the northern panhandle region,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “We are pleased to work with our partners at EPA to bring this longstanding matter to a good resolution.” 

"Through this settlement, EPA is clearing the way for a new operator to resume mining, bringing jobs back to the community, while also securing the ongoing cleanup of contaminated water and recovery of EPA's past cleanup costs," said EPA Administrator Scott Pruitt. "EPA is delivering on its Superfund Task Force commitments."

As part of the settlement, BHMC will pay EPA up to $20 million, on behalf of Placer Mining, in satisfaction of EPA’s past costs claim against Placer Mining.  Placer Mining also agrees drop its “takings” case against the United States.  This settlement of claims between EPA and Placer Mining also enables BHMC to return the Bunker Hill Mine to production after a hiatus of more than two decades.  For nearly a century, the Bunker Hill Mine was one of the most productive mines in the Coeur d’Alene Mining District. As part of the agreement, BHMC has agreed to pay for future treatment of acid mine drainage coming from the mine. BHMC has also agreed to undertake various maintenance and monitoring tasks to help ensure previous cleanup work at the Superfund Site remains protective and is not adversely impacted by new mining operations.

By innovatively approaching this complex situation involving multiple parties and interests, EPA and the Department of Justice addressed a host of complex legal and technical issues that arise when a third party locates a business within a Superfund site where response actions and litigation are pending. These issues were resolved through a combination of a consent decree for cost recovery and a prospective purchaser agreement to govern the performance of ongoing response actions. 

The Bunker Hill Mine sits amidst the Bunker Hill Mining and Metallurgical Complex Superfund Site (https://go.usa.gov/xnm9K0), running next to Interstate 90 from near the Montana state line, then along the Coeur d’Alene River, and reaching into the state of Washington. The historic Jesuit Cataldo Mission is also within the Site, which has been home to the Coeur d’Alene Tribe for millennia. 

EPA first listed the Site on its National Priorities List (NPL) in 1983. Soon after being added to the NPL, cleanup of mine waste contamination in surface water, groundwater, soil, and sediment began across the Site. EPA and the state of Idaho jointly lead the project. Currently, EPA and the state of Idaho are coordinating approximately $25-$30 million in cleanup projects annually. 

The site-wide cleanup was spurred by the toxic side effects of widespread lead (and other metals) contamination which began showing up in the 1970s in routine blood lead screenings for children who lived in the area. Some of the highest blood lead readings ever documented in North America were measured in local children in the 1970s and 1980s. Following years of a comprehensive approach that includes a large-scale cleanup, outreach, education, and health interventions, local blood lead levels are now within the national average. 

Funding from this settlement will help reimburse EPA for past costs incurred related to the Central Treatment Plant (CTP) in Kellogg, Idaho. The CTP has been treating acid mine drainage from the Bunker Hill Mine since 1995. The settlement agreement is structured to recover up to 82% of the past costs for water treatment and result in payment for all future water treatment costs. 

The consent decree, lodged in the District Court of Idaho, is subject to a 30-day federal public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.

For more information about the settlement, please visit: https://www.epa.gov/enforcement/case-summary-third-party-settlement-bunker-hill-site-secure-wastewater-treatment-and.

An individual who ran multimillion dollar prize promotion scams was sentenced on March 12, 2018, to serve 87 months in prison by a federal judge in Las Vegas, Nevada, the Department of Justice announced.

Glen Burke, 58, of Las Vegas, was sentenced to 87 months in prison, followed by three years of supervised release.  U.S. District Judge Jennifer A. Dorsey also ordered Burke to pay $2,785,508.36 in restitution, reflecting the consumer loss from one of Burke’s schemes. 

Burke pleaded guilty in December 2017 to criminal contempt of court and conspiracy charges arising from his operation of two predatory schemes that defrauded thousands of victims, many of whom were elderly, out of more than $20 million.  Burke conducted those fraudulent campaigns in violation of a 1998 court order obtained by the Federal Trade Commission (FTC) permanently banning him from telemarketing and making misrepresentations to consumers.  A co-defendant, Michael Rossi, 52, also of Las Vegas, also pleaded guilty in connection with one of Burke’s schemes.  Rossi is scheduled to be sentenced on June 25, 2018.

“This case exemplifies the Department’s commitment to halt schemes that target seniors, which the Attorney General announced in an historic elder fraud sweep a few weeks ago,” said Acting Assistant Attorney General Chad Readler of the Justice Department’s Civil Division.  “We are sending a clear message:  Perpetrators of telemarketing fraud will be prosecuted and law enforcement will not stop until fraudulent mass mailing practices are halted.”

Burke pleaded guilty to criminal contempt of court for violating a court order prohibiting him from making misrepresentations to consumers.  The charge stemmed from Burke’s operation of a mass-mailing fraud scheme that misled consumers into believing that they had won large cash prizes, often millions of dollars. Burke specifically mailed consumers solicitations that used fake names and, in many cases, looked like they came from law firms or financial institutions, advising consumers to pay a fee – usually $20 to $30 – to claim their promised winnings.  Once consumers paid, however, Burke never sent any consumer a promised prize. 

Burke, along with Rossi, also pleaded guilty to conspiracy to commit mail and wire fraud for running a fraudulent telemarketing operation.  Telemarketers working for Burke and Rossi falsely told victims that they had won one of five valuable prizes, typically: a Chevy Camaro; a Boston Whaler boat; a diamond-and-sapphire bracelet; $3,000 cash; or a cruise that could be exchanged for $2,300.  To claim the prize, consumers were told to pay hundreds, or in some cases thousands, of dollars.  Once they paid, victims received a nearly worthless piece of costume jewelry or nothing at all. 

In January 2013, the FTC filed a civil contempt case against Burke for violating the 1998 court order.  The district court found Burke in civil contempt and ordered him to pay contempt sanctions of over $20 million, reflecting consumer loss from both the telemarketing and mass-mailing schemes. 

Acting Assistant Attorney General Readler commended the investigative efforts of the U.S. Postal Inspection Service and thanked the FTC for its valuable assistance.  The case was prosecuted by Trial Attorneys Timothy Finley and Daniel Zytnick of the Consumer Protection Branch of the Department of Justice’s Civil Division and Assistant U.S. Attorney Nicholas Dickinson of the District of Nevada. 

Attorney General Jeff Sessions announced the appointment of six new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC), joining the nine members announced on November 13, 2017. The AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. It represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management affecting the Offices of the U.S. Attorneys.

The new appointees are U.S. Attorney for the Northern District of Texas Erin Nealy Cox; U.S. Attorney for the Eastern District of New York Richard P. Donoghue; U.S. Attorney for the Middle District of Alabama Louis V. Franklin, Sr.; U.S. Attorney for the Northern District of Illinois John R. Lausch, Jr.; U.S. Attorney for the District of Massachusetts Andrew E. Lelling; and U.S. Attorney for the District of Delaware David C. Weiss.

“I am pleased to announce these new members of the Attorney General’s Advisory Committee. The Advisory Committee plays an important role in helping us achieve the Department of Justice’s goals, including to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and enforce the rule of law,” said Attorney General Sessions.

A brief biography of each new member is below: Erin Nealy Cox
The Senate confirmed Erin Nealy Cox’s appointment as United States Attorney for the Northern District of Texas in November 2017. Prior to this appointment, Ms. Nealy Cox was a Senior Advisor at McKinsey & Co in the cybersecurity and risk practice and on the Board of Directors of Sally Beauty Holdings, a large retailer on the NYSE. From 1999 to 2008, Ms. Nealy Cox served as an Assistant United States Attorney in the Northern District of Texas, where she prosecuted cyber crimes, white collar crimes, and general crimes. In 2004 and 2005, she served at Main Justice as Chief of Staff and Senior Counsel to the Assistant Attorney General in the Office of Legal Policy. Ms. Nealy Cox also previously worked at Stroz Friedberg, a cybersecurity and investigations consulting firm. Ms. Nealy Cox clerked for the Honorable Henry A. Politz, when he served as Chief Judge of the Fifth Circuit Court of Appeals, and the Honorable Barefoot Sanders, United States District Judge in the Northern District of Texas. She received a B.B.A in Finance from the McCombs School of Business at the University of Texas at Austin and her J.D., magna cum laude, from Southern Methodist University Dedman School of Law.

Richard P. Donoghue
On January 5, 2018, the Attorney General appointed Richard P. Donoghue to be interim United States Attorney for the Eastern District of New York. Prior to this appointment, Mr. Donoghue served as the Senior Vice President and Chief Counsel for CA Technologies based in New York. From 2000 to 2011, Mr. Donoghue worked in the United States Attorney’s Office for the Eastern District of New York in various roles, including Criminal Chief and Deputy Criminal Chief. Mr. Donoghue received his B.A., cum laude, from Hofstra University and his J.D., from St. John’s University School of Law.

Louis V. Franklin, Sr.
The Senate confirmed Louis V. Franklin, Sr. to be United States Attorney for the Middle District of Alabama in September 2017. Mr. Franklin has served in the United States Attorney’s Office for the Middle District of Alabama for nearly 27 years, including as Criminal Chief for almost 16 years. Mr. Franklin served as an Assistant United States Attorney from 1990 to 1996 and from 1998 to 2001. From 1996 to 1998, Mr. Franklin was an associate at Sirote and Permutt. Mr. Franklin began his career as a staff attorney at the Legal Services Corporation of Alabama from 1987 to 1990. Mr. Franklin received his B.A. from the University of Alabama, an M.S. from Auburn University at Montgomery, and his J.D. from Howard University School of Law.

John R. Lausch, Jr.
The Senate confirmed John R. Lausch, Jr.’s appointment as United States Attorney for the Northern District of Illinois in November 2017. Prior to his appointment, Mr. Lausch was a partner at Kirkland & Ellis LLP. Previously, he served as an Assistant United States Attorney in the Northern District of Illinois from 1999 to 2010. During his time in the U.S. Attorney’s Office, Mr. Lausch served as a Deputy Chief in the Narcotics and Gangs Section for several years, where he helped lead the District’s Anti-Gang and Project Safe Neighborhoods programs. Mr. Lausch clerked for the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit. He received his A.B., cum laude, from Harvard University and his J.D., cum laude, from Northwestern University School of Law.

Andrew E. Lelling
The Senate confirmed Andrew E. Lelling’s appointment as United States Attorney for the District of Massachusetts in December 2017. Prior to this appointment, Mr. Lelling was the senior litigation counsel for the United States Attorney’s Office for the District of Massachusetts and has worked in that office for 12 years, prosecuting white collar crime and international drug trafficking, among other offenses. Mr. Lelling also served as an Assistant United States Attorney in the Eastern District of Virginia. He previously served as counsel to the Assistant Attorney General at the Department of Justice Civil Rights Division. Mr. Lelling clerked for the Honorable B. Avant Edenfield of the United States District Court for the Southern District of Georgia. He received his B.A., magna cum laude, from the State University of New York at Binghamton and his J.D., cum laude, from the University of Pennsylvania Law School.

David C. Weiss
David C. Weiss’s nomination to be United States Attorney for the District of Delaware was confirmed in February. Mr. Weiss previously served as the Acting United States Attorney for the District of Delaware from 2009 to 2011 and 2017 to 2018, and as the First Assistant United States Attorney from 2007 to 2017. Prior to serving in these positions, Mr. Weiss was an Assistant United States Attorney from 1986 to 1989. Mr. Weiss clerked for the Honorable Andrew D. Christie of the Delaware Supreme Court. Mr. Weiss received his B.S. from Washington University and his J.D. from Widener University School of Law.

Today, Attorney General Jeff Sessions announced several steps in support of President Trump’s plan to prevent violence in schools.  Through these efforts, the Department of Justice is taking immediate action to protect our schools, better enforce our gun laws, support law enforcement, strengthen the firearms background check system, and improve federal law enforcement’s response to tips.  In making the announcement, Attorney General Sessions said: "No child should have to fear going to school or walking the streets of their neighborhood.  Today, I am directing the Department of Justice to take a number of new steps that will help make schools and the American people safer from the threat of gun violence.”

“We are increasing the number of school resource officers, improving background checks and more aggressively prosecuting those who illegally attempt to purchase a firearm, and reviewing and enhancing the way our law enforcement agencies respond to tips from the public.  Under my tenure as Attorney General, we have already increased federal gun prosecutions to a 10-year high—and we are just getting started.  With these new measures in place, we are better positioned to disarm criminals and protect the law-abiding people of this country."

The Attorney General announced the following actions: Improvements to School Safety
 

• Hire More School Resource Officers.  The Department will help state, local and tribal law enforcement agencies hire more School Resource Officers (SROs).  The COPS Hiring Program—a competitive grant that helps states and local communities hire more police officers—will prioritize applicants who intend to use the grants for SROs.
• Provide Support For Firearms and Situational Awareness Training to School and Law Enforcement Personnel.  By leveraging existing assistance programs, the Department will be able to empower state and local firearms and situational awareness training for school personnel.  The Department will continue to provide emergency and crisis training to state, local, and tribal law enforcement through its National Training and Technical Assistance Center and VALOR initiative.
• Fully Participate in the Federal Commission on School Safety. The Department of Justice is committed to working with our federal partners to study, evaluate, and make recommendations on how we can improve school safety. 

Aggressively Prosecuting Federal Gun Laws
 

• Bump Stocks. The Department of Justice is supporting President Trump’s absolute commitment to ensuring the safety and security of every American by submitting to the Office of Management and Budget a proposed regulation to clarify that bump stock type devices are machine guns under federal law, which will effectively ban the manufacture, sale or possession of these devices.
• Swift and aggressive “Lie-and-Try” Prosecutions.  Attorney General Sessions has ordered federal prosecutors to swiftly and aggressively prosecute appropriate cases against people who are prohibited from having firearms, and who lie in an attempt to thwart the federal background check system.
• Continue to Increase Violent Crime Prosecutions. In 2017 the Department made some great strides under Attorney General Sessions' leadership, including the launch of the enhanced Project Safe Neighborhoods initiative, which brings together all levels of law enforcement and the communities they serve to develop effective, locally based strategies to reduce violent crime.  Under this direction, the Department prosecuted more defendants on federal firearms charges than we have in a decade, and more defendants for violent crime than we have in over 25 years – since the Department started tracking a “violent crime” category.  Attorney General Sessions is dedicated to ensuring even more violent crime prosecutions, including firearms prosecutions, in 2018.

Supporting Law Enforcement
 

• Providing Emergency Funding for the Costs of Parkland, Florida Law Enforcement Response.  The Department of Justice will provide $1 million in emergency grant funding to the State of Florida to pass through to Broward County and other responding jurisdictions’ law enforcement components.  The emergency funding is intended to defray the law enforcement overtime costs related to the response and subsequent crime scene investigation of the tragic shooting at Marjory Stoneman Douglas High School. 

Improving Information Available for Firearm Background Checks
 

• Holding Federal Agencies Accountable. Federal agencies are required by law to report to the National Instant Criminal Background Check System (NICS) relevant  records relating to individuals prohibited from possessing a firearm under federal law.  Pursuant to his authority, Attorney General Sessions is calling on all relevant agencies to certify within 45 days that they are in full compliance with the law or have a plan to become fully compliant.
• Strengthening Partnerships with State and Local Law Enforcement.  The Attorney General is calling on governors and state Attorneys General to improve the reporting of state and local criminal justice data, and other information accessed by the firearms background check system. Because the FBI has identified “missing dispositions” – or arrest records that lack a final disposition – as a significant issue, the Attorney General will provide every state with their respective level of disposition completion with the goal of urging those states who do not have an adequate level of reporting to focus on this issue and improve their reporting.
• Attorney General Sessions has also directed the FBI to identify local jurisdictions that are not reporting arrests to their state repositories as well as jurisdictions that are not providing all of their records identifying persons prohibited from possessing firearms for mental health reasons.
• Improving Access to State Mental Health and Domestic Violence Records.  Through the National Criminal History Improvement Program (NCHIP) and NICS Act Records Improvement Program (NARIP) grants, the Department will help states provide more complete, timely, and accurate information to databases accessed by the firearms background check system.  The Attorney General has ordered that priority be given to projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.

Enhancements to Department Response to Public Information
 

• Reviewing and reforming the process for handling tips.  Attorney General Sessions has ordered an immediate review of the Department’s handling of tips from the public so that they receive prompt and effective responses, especially when doing so could prevent violence.

Technical Assistance to States
 

• Extreme Risk Protection Orders.  The Department stands ready to assist States, at their request, on establishing and implementing extreme risk protection orders.

Click here to view the Attorney General’s memo to the Director of the FBI on Improving State Information sharing. 

Click here to view the Attorney General’s memo to US Attorneys on Enforcing Federal Law Against Prohibited Persons Attempting to Purchase Firearms. 

Click here to view the Executive Summary of the report provided to the Attorney General in response to his November 22, 2017 Directive to Review NICS. 

Today the Department of Justice submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the definition of “machinegun” in the National Firearms Act and Gun Control Act includes bump stock type devices, and that federal law accordingly prohibits the possession, sale, or manufacture of such devices. 

"President Trump is absolutely committed to ensuring the safety and security of every American and he has directed us to propose a regulation addressing bump stocks,” said Attorney General Jeff Sessions. “To that end, the Department of Justice has submitted to the Office of Management and Budget a notice of a proposed regulation to clarify that the National Firearms and Gun Control Act defines ‘machinegun’ to include bump stock type devices.”

This submission is a formal requirement of the regulatory review process.  Once approved by the Office of Management and Budget, the Department of Justice will seek to publish this notice as expeditiously as possible.

CONCORD, N.H. - William Bischoff, 76, of York, Maine, has pleaded guilty to participating in an investment fraud scheme and failing to file federal income tax returns, United States Attorney Scott W. Murray announced today.

          According to court documents and statements made in court, from 2009 through September 2017, Bischoff defrauded more than two dozen clients of his financial advisory business by falsely promising to invest their money in real estate, structured legal settlements, high yield notes, and a start-up recycling business.  He further guaranteed returns that far exceeded market norms.  Bischoff sent many solicitations to the victims of the fraud scheme by e-mail.

          In total, Bischoff stole more than $4.2 million from the defrauded investors.  To conceal that conduct, Bischoff used money he received from some victim investors to make payments to other victim investors.  He also provided monthly account statements to the victim investors that falsely represented the balance of their (fictitious) investment accounts.

          Bischoff also admitted in court documents that he failed to file individual federal tax returns for the four-year period from 2011 to 2015, which resulted in a $568,845 tax revenue loss to the U.S. Treasury.

          Bischoff pleaded guilty to one count of wire fraud and one count of willfully failing to file federal tax returns.  He will be sentenced on June 20th, 2018.

          “Mr. Bischoff manipulated and misled his victims, depriving them of millions of hard-earned dollars,” said U.S. Attorney Murray.  “The U.S. Attorney’s Office is committed to working closely with our law enforcement partners to identify those who commit such schemes and to seek justice for the victims of white collar crimes.”

          “Mr. Bischoff is finally taking responsibility for defrauding his clients out of millions of dollars. Through a web of lies and deceit, Mr. Bischoff  betrayed their trust and used their money to line his own pockets and prop up his failed investments,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI will continue to work with our law enforcement partners to do everything we can to hold accountable those who take advantage of unwitting victims for their own personal gain.”

          The Deputy Director of the New Hampshire Bureau of Securities Regulation, Jeffrey Spill, said, "The Bureau was pleased to do its part in this coordinated investigation. When the fraud was uncovered, the agencies acted quickly to shut the scheme down which prevented further losses."

          “Mr. Bischoff’s investment scheme has destroyed the financial security of his unwitting victims. Rather than act in the interest of his clients, he acted only in his own,” said Special Agent in Charge Joel P. Garland of IRS Criminal Investigation in Boston. “We are proud to collaborate on joint cases of this magnitude, which defraud investors of millions in savings and the IRS of significant tax revenue.”

          The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, and the New Hampshire Bureau of Securities Regulation.  Assistant United States Attorneys William Morse and Robert Kinsella prosecuted the case.

###

CONCORD, N.H. - William Bischoff, 76, of York, Maine, has pleaded guilty to participating in an investment fraud scheme and failing to file federal income tax returns, United States Attorney Scott W. Murray announced today.

            According to court documents and statements made in court, from 2009 through September 2017, Bischoff defrauded more than two dozen clients of his financial advisory business by falsely promising to invest their money in real estate, structured legal settlements, high yield notes, and a start-up recycling business.  He further guaranteed returns that far exceeded market norms.  Bischoff sent many solicitations to the victims of the fraud scheme by e-mail.

          In total, Bischoff stole more than $4.2 million from the defrauded investors.  To conceal that conduct, Bischoff used money he received from some victim investors to make payments to other victim investors.  He also provided monthly account statements to the victim investors that falsely represented the balance of their (fictitious) investment accounts.

          Bischoff also admitted in court documents that he failed to file individual federal tax returns for the four-year period from 2011 to 2015, which resulted in a $568,845 tax revenue loss to the U.S. Treasury.

          Bischoff pleaded guilty to one count of wire fraud and one count of willfully failing to file federal tax returns.  He will be sentenced on June 20th, 2018.

          “Mr. Bischoff manipulated and misled his victims, depriving them of millions of hard-earned dollars,” said U.S. Attorney Murray.  “The U.S. Attorney’s Office is committed to working closely with our law enforcement partners to identify those who commit such schemes and to seek justice for the victims of white collar crimes.”

          “Mr. Bischoff is finally taking responsibility for defrauding his clients out of millions of dollars. Through a web of lies and deceit, Mr. Bischoff  betrayed their trust and used their money to line his own pockets and prop up his failed investments,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “The FBI will continue to work with our law enforcement partners to do everything we can to hold accountable those who take advantage of unwitting victims for their own personal gain.”

          The Deputy Director of the New Hampshire Bureau of Securities Regulation, Jeffrey Spill, said, "The Bureau was pleased to do its part in this coordinated investigation. When the fraud was uncovered, the agencies acted quickly to shut the scheme down which prevented further losses."

          “Mr. Bischoff’s investment scheme has destroyed the financial security of his unwitting victims. Rather than act in the interest of his clients, he acted only in his own,” said Special Agent in Charge Joel P. Garland of IRS Criminal Investigation in Boston. “We are proud to collaborate on joint cases of this magnitude, which defraud investors of millions in savings and the IRS of significant tax revenue.”

          The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation Division, and the New Hampshire Bureau of Securities Regulation.  Assistant United States Attorneys William Morse and Robert Kinsella prosecuted the case.

###

          SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants Muksedur Rahman, Mohammad Rafiqul Islam, and David Trung Quoc Phan were sentenced today by designated Senior District Court Judge John C. Coughenour from the Western District of Washington, on two counts of Mail Fraud, three counts of Fraud in Foreign Labor Contracting, and one count of Visa Fraud.

          Defendant Muksedur Rahman was sentenced to 48 months in prison, three years of supervised release after incarceration, and restitution to the victims in the amount of $188,426.00. Defendant Mohammad Rafiqul Islam was sentenced to 18 months in prison, three years of supervised release after incarceration, and restitution to the victims in the amount of $188,426.00. Defendant David Trung Quoc Phan was sentenced to 8 months in prison, and two years of supervised release after incarceration.

           The defendants defrauded Bangladeshi men by promising them good-paying jobs in the United States, as well as ‘Green Cards’. The victims paid over $15,000.00 each, but when they arrived in Saipan in April of 2016, they were not given work as promised. Defendant Mohammad Rafiqul Islam and unindicted co-conspirators in Bangladesh recruited the men, collected large fees from them, and deposited them into the bank accounts of defendants’ family members in Bangladesh. Defendant Muksedur Rahman coordinated the recruitment and employment of the victims from Saipan. A necessary part of the scheme required the purported employer, Defendant David Trung Quoc Phan, to mail fraudulent applications to United States Citizenship and Immigration Services in order to obtain CNMI-only work authorization permits. The victims were also ‘coached’ to lie to U.S. Embassy personnel in Dhaka during their visa interviews; the Defendants told the victims not to admit they had paid any fees for their jobs, upon pain of losing all the money they had already paid.

          United States Attorney Shawn N. Anderson released the following statement: “The CNMI has been plagued by illegal recruitment scams for more than 20 years. They are difficult and expensive cases to investigate and prosecute because of the need for qualified interpreters, and because many of the transactions occur overseas, diplomatic channels must be used to obtain that evidence.”

          “In this case, the victims sold virtually everything they owned, and borrowed large sums of money in order to raise the money to pay the defendants. They and their families in Bangladesh have suffered substantial financial hardship caused by the defendants’ actions. Such crimes also impact the economy of the CNMI, in that every CW-1 permit approved for a sham employer for a non-existent job represents one less nurse at the Commonwealth Health Center, one less power plant operator for the Commonwealth Utilities Commission, or one less worker for the CNMI economy. The United States Attorney’s Office will continue to pursue these cases at every opportunity.”

          Part of the evidence in the case consisted of official bank records obtained from the Government of Bangladesh pursuant to a mutual legal assistance letter request (MLAT) prepared by the U.S. Department of Justice’s Office of International Affairs (OIA). The case against Defendant Rahman and his co-defendants is the first NMI District case in which foreign evidence has been obtained through the MLAT process.

          Special Agents and Task Force Officers from the Department of Homeland Security, Homeland Security Investigations (HSI) conducted the investigation. Assistant United States Attorneys James Benedetto and Eric O’Malley prosecuted the case.

An Indianapolis, Indiana immigration attorney was sentenced today to 75 months in prison for defrauding the U.S. Citizenship and Immigration Services (USCIS) and more than 250 of his clients by filing fraudulent visa applications and reaping approximately $750,000 in illegitimate fees.  Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge James M. Gibbons of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) in Chicago made the announcement.

Joel Paul, 45, of Fishers, Indiana, was sentenced by U.S. District Judge Jane E. Magnus-Stinson of the Southern District of Indiana.  In addition to the prison sentence, Judge Magnus-Stinson sentenced Paul to serve three years of supervised release, and ordered that he pay up to $750,000 in restitution to his victims.  In November 2017, Paul pleaded guilty to one count each of mail fraud, immigration document fraud, and aggravated identity theft in connection with a scheme to submit fraudulent U-visa applications. 

“Immigration fraud undermines not only the public’s faith in our institutions and the legal profession, it also jeopardizes public safety and compromises national security,” said Acting Assistant Attorney General Cronan.  “Attorneys who commit such egregious fraud on our legal system and their own clients will be held accountable.”

“Immigration fraud presents a serious threat to the national security of our country,” said Special Agent in Charge Gibbons. “Illegal schemes like this not only undermine the integrity of our nation’s legal immigration system, but they create potential security vulnerabilities while also cheating deserving immigrants of benefits they rightfully deserve.”

As part of his plea agreement, Paul admitted that from 2013 to 2017, he submitted more than 250 false Applications for Advance Permission to Enter as a Nonimmigrant on behalf of his clients and without their knowledge.  Those applications falsely asserted that Paul’s clients had been victims of a crime and had provided substantial assistance to law enforcement in investigating the crime.  With approximately 200 of the false applications, Paul submitted unauthorized copies of a certification he had obtained from the U.S. Attorney’s Office (USAO) for the Southern District of Indiana in 2013, using the certification without the USAO’s knowledge to falsely claim that the applicant had provided substantial assistance in a criminal prosecution.  In total, Paul charged his clients approximately $3,000 per application.

HSI investigated the case with the assistance of USCIS Fraud Detection and National Security Directorate.  Trial Attorneys Molly Gaston, Peter M. Nothstein and Amanda Vaughn of the Criminal Division’s Public Integrity Section prosecuted the case.

The Justice Department today announced that a federal grand jury returned an indictment charging Adrian Wiggins, 53, a former Nurse Assistant at the Veterans Affairs Medical Center in Memphis, Tennessee, with a civil rights offense. The indictment alleges that, on Jan. 8, 2017, Wiggins repeatedly struck an individual identified by the initials W.B., a resident of the Memphis Veterans Affairs Medical Center, and caused bodily injury as a result.

The charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the advisory U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the Federal Bureau of Investigation Memphis Field Office, and is being prosecuted by Assistant U.S. Attorneys David Pritchard and Reagan Taylor of the Western District of Tennessee and Trial Attorney Rachel Kincaid of the Justice Department’s Civil Rights Division.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.

Today the Department of Justice launched its new redesign of FOIA.gov and the first iteration of the National FOIA Portal, a government-wide FOIA request portal that allows the public to submit a Freedom of Information Act (FOIA) request to any agency from a single place.

The FOIA Improvement Act of 2016 directed the Office of Management and Budget and the Department of Justice to build a “consolidated online request portal that allows a member of the public to submit a request for records . . . to any agency from a single website.”  The new portal was developed with a user-centric focus relying heavily on both public and agency feedback throughout the entire process. 

“The Department is very proud of its unique role in advancing government wide FOIA administration and we are excited to provide this new resource to the public which will allow citizens to be even better informed about their government and the FOIA,” said Melanie Ann Pustay, Director of the Office of Information Policy.  “With over one hundred agencies subject to the FOIA and hundreds of thousands of requests made each year, we designed the National FOIA Portal to improve FOIA for both agencies and the public.  This is just the first iteration of the Portal and we welcome feedback from users as we continue to build on this effort.  ” 

The new National FOIA portal provides customized forms for each agency to help requesters understand and submit requests more easily.  The site will also provide insight into the FOIA process including what to do before submitting a FOIA request, how to submit a request, and what happens after submitting a request. The site also centralizes and provides a wealth of agency specific resources that are helpful to requesters, such as a description of each agency and links to their FOIA website, FOIA Reference Guide, FOIA regulations, and the FOIA Library.

“The National FOIA portal exemplifies our efforts to consolidate common services with the scalability and security available in a modern cloud-based platform and allows us to rapidly deliver capabilities to improve the user experience”, said Joseph Klimavicz, Department of Justice Chief Information Officer. “The Department is committed to continuously improving and modernizing the way citizens interact with our services.”

The launch of the National FOIA portal was made possible with the support of the Office of Management and Budget and by efforts led by the Department of Justice’s Office of Information Policy and Chief Information Office in partnership with the General Services Administration’s (GSA) 18F team.

“18F is proud to have worked with DOJ on researching, designing, and building the new National FOIA portal,” said GSA’s 18F Acting Executive Director Rebecca Piazza. “They’ve been excellent partners in ensuring this valuable tool meets the needs of agency FOIA offices and the public.”

          SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant ANITA A. CRUZ, age 60, from Yigo, was sentenced yesterday in District Court, to 30 months imprisonment for Distribution of Methamphetamine Hydrochloride, in violation of 21 U.S.C. §§  841(a)(1) and (b)(1)(C).  The Court also ordered CRUZ to pay a mandatory $100 assessment fee, serve three years of supervised release after her term of imprisonment and complete 50 hours of community service.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

          On May 15, 2017, CRUZ entered a guilty plea to distribution of methamphetamine hydrochloride.  The investigation revealed that CRUZ distributed over seven (7) grams of methamphetamine with a purity level of over 97%.  Guam Police Department Neighborhood Patrol Division had conducted a traffic stop in May 31, 2013 and discovered methamphetamine on the passenger and in the vehicle.  The Violent Street Crimes Task Force, also known as the Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force (ATF Task Force) conducted further investigation which led to the Defendant who was distributing methamphetamine.   

          Judge Ramona V. Manglona ruled that the sentence of 30 months imprisonment was fair and reasonable and noted the harm drugs cause to our islands. The Court urged Defendant, who the court described as in her “golden plus” years, to take advantage of intensive drug treatment while in prison, to assist her in overcoming her serious drug addiction, in hopes that she may return some day to Guam and become a productive member of society.

          ATF Task Force conducted the investigation and credit is also given to the Guam Police Department who initiated the traffic stop.  The sentencing was handled by Belinda Alcantara, an Assistant United States Attorney for the District of Guam.

On March 6, 2018, INTERPOL Washington—the U.S. National Central Bureau—hosted a one-day working group meeting to prepare for the April 2018 course, Risk Management Challenges for Major Sporting Events: A Global Perspective. The official training course will be hosted by INTERPOL Project STADIA at the INTERPOL Secretariat General (IPSG) in Lyon, France.

The Risk Management Challenges for Major Sporting Events: A Global Perspective course trains senior law enforcement and incident management team leaders involved in the decision-making process to prepare for and respond to large-scale incidents during major national and international sporting events. The course, a scenario-based practicum, designed by international subject matter experts, uses a systematic process to analyze and prioritize risks posed by a crisis, crowd management, crowd violence, and terrorism, and to develop effective risk treatments.

During Tuesday’s preparatory class, representatives from the University of Mississippi, National Center for Spectator Sports Safety and Security (NCS4) and INTERPOL IPSG brought together instructor-observers to conduct an intensive review of the course syllabus and modules. Participants were selected based on their respective backgrounds in specialized fields or their experience in conducting and leading law enforcement-related training in an international environment. The participants served as students for the instructor team and provided feedback and recommendations to strengthen the course.

A paralegal specialist for the San Diego Division of the FBI pleaded guilty today to embezzling nearly $160,000 in government funds, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division and Special Agent in Charge James K. Cheng of the Department of Justice Office of the Inspector General’s Los Angeles Field Division.

Lynn M. Morris, 51, of San Diego, California, pleaded guilty to one count of embezzlement of government property.  Morris will be sentenced on June 4 before U.S. District Court Judge Larry Alan Burns of the Southern District of California. 

According to admissions made in connection with her guilty plea, between July 2014 and November 2016, Morris embezzled approximately $159,821.90 that belonged to the United States and converted the funds for her own personal use.  The funds were held in an account owned by the FBI San Diego Division’s Asset Forfeiture Unit (AFU).  From 2014 to 2016, Morris was a paralegal specialist and the designated coordinator for the AFU.  Morris admitted that to convert government funds to her own use, she used her knowledge and position within the FBI to withdraw cash from the AFU’s account and deposited portions of the stolen proceeds into her personal checking account.

The Department of Justice Office of the Inspector General investigated the case.  Trial Attorneys Marco A. Palmieri and Jessica C. Harvey of the Criminal Division’s Public Integrity Section are prosecuting the case.

In a speech to the California Peace Officers' Association’s Legislative Day, Attorney General Jeff Sessions today announced that the Justice Department has filed a legal action against the State of California, Governor of California Jerry Brown, and Attorney General of California Xavier Becerra, seeking both declaratory and injunctive relief based upon the enactment and implementation of certain provisions of three California laws—Assembly Bill 450 (AB 450); Senate Bill 54 (SB 54); and Assembly Bill 103 (AB 103)—which intentionally obstruct and discriminate against the enforcement of federal immigration law. The complaint contends that the laws in question are preempted by federal law and impermissibly target the Federal Government, and therefore violate the Supremacy Clause of the United States Constitution. As a result, the Justice Department is seeking to permanently enjoin these state statutes, which are contrary to federal law and interfere with federal immigration authorities’ ability to carry out their lawful duties. In addition, the Justice Department is continuing to review other related California enactments.

The complaint, accompanying motion for a preliminary injunction, and declarations from Department of Homeland Security and Department of State officials—filed last evening in the Eastern District of California—spell out in detail the extent to which each of these laws have interfered, and will continue to interfere, with federal law enforcement efforts.

AB 450 prohibits private employers from voluntarily cooperating with federal immigration officials—including officials conducting worksite enforcement efforts and other enforcement operations. It also requires that private employers notify employees in advance of a potential worksite enforcement inspection—despite clear federal law that has been on the books for approximately three decades that has no such requirements. An April 22, 2017, report on AB 450 compiled by the California State Assembly’s Committee on Judiciary states that the law is designed to frustrate “an expected increase in federal immigration enforcement actions.” California has demonstrated its intent to enforce this law: on Jan. 18, 2018, California Attorney General Becerra issued a warning to employers in the state that his office would “prosecute those who violate [AB 450] by voluntarily cooperating with Immigration and Customs Enforcement (ICE) efforts.” Additionally, failure to comply with AB 450 could result in a fine for the business owner ranging from $2,000-$10,000. California employers are thus caught between what many may feel is a civic duty to cooperate with the enforcement of federal law, and a state government that penalizes such lawful cooperation.

SB 54 restricts state and local law enforcement officials from providing information to federal immigration authorities about the release date of removable criminal aliens who are in their custody. These criminal aliens are subject to removal from the United States under federal immigration law, and SB 54 interferes with federal immigration authorities’ ability to carry out their responsibilities under federal law. SB 54 also violates 8 USC 1373, a law enacted by Congress, which promotes information sharing related to immigration enforcement. The state law also prohibits the actual transfer of criminal aliens to federal custody, which creates a dangerous operating environment for ICE agents executing arrests in non-custodial settings. In a declaration provided to the Court, ICE Deputy Director Thomas Homan states that these “at-large arrests. . .unquestionably involve a greater possibility of the use of force or violence by the target . . . and have greater access to weapons, exposing officers, the public, and the alien to greater risk of harm.” 

Remarkably, with this law California attempts to shield from federal law enforcement removable criminal aliens who have committed crimes in the state of California and across the country. In doing so, California is releasing onto its streets those removable criminal aliens who have already shown a willingness to engage in criminal activity—as evidenced by their state or local detention for violating state law—and who therefore are most likely to commit crimes in the future.

AB 103 imposes a state-run inspection and review scheme of the federal detention of aliens held in facilities pursuant to federal contracts. This includes review of immigration processes and the circumstances in which aliens were apprehended, and also requires access to privileged federal records that are under ICE’s control. With this law, California is trying to regulate federal immigration detention, which it cannot do under the Constitution. California does not impose such an inspection and review scheme on other similar detention facilities that do not house civil immigration detainees—in other words, this is a special review regime that applies only to facilities that house civil immigration detainees. This different treatment shows that California is seeking to regulate the federal government, which is not permitted under well-established Supreme Court precedent.

“The Department of Justice and the Trump Administration are going to fight these unjust, unfair, and unconstitutional policies that have been imposed on you,” Attorney General Jeff Sessions today told law enforcement officers attending the California Peace Officers Association’s 26th Annual Law Enforcement Legislative Day, referencing AB 450, SB 54, and AB 103. “We are fighting to make your jobs safer and to help you reduce crime in America. And I believe that we are going to win.”

“Our duty at the Department of Homeland Security is to enforce and uphold the nation’s security laws as passed by the U.S. Congress and signed by the President,” said Secretary Kirstjen M. Nielsen for the Department of Homeland Security.  “California has chosen to purposefully contradict the will and responsibility of the Congress to protect our homeland. I appreciate the efforts of Attorney General Jeff Sessions and the Department of Justice to uphold the rule of law and protect American communities.”

Today, the Department of Justice entered into a conditional settlement agreement with the House Committee on Oversight and Government Reform and will begin to produce additional documents related to Operation Fast and Furious. The conditional settlement agreement, filed in federal court in Washington D.C.,  would end six years of litigation arising out of the previous administration’s refusal to produce documents requested by the Committee.

In announcing the settlement, Attorney General Sessions said: “The Department of Justice under my watch is committed to transparency and the rule of law. This settlement agreement is an important step to make sure that the public finally receives all the facts related to Operation Fast and Furious.”

The Justice Department today announced the filing of a lawsuit against Ozaukee County, Wisconsin, alleging that the County discriminated against Ms. Barnell Williams, a former nursing assistant at the Lasata Care Center, on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964. Lasata Care Center is a County-owned nursing home.

According to the complaint, filed in the U.S. District Court for the Eastern District of Wisconsin, Lasata discriminated against Ms. Williams by failing to accommodate her religious beliefs when she sought an exemption to Lasata’s requirement of a flu vaccine. The complaint alleges that Lasata’s policy at the time required a flu vaccine but provided a religious exemption for employees who could produce a written statement from their clergy leader supporting the request. Ms. Williams requested a religious exemption from the flu shot requirement because of her sincerely held religious belief that Bible-based scriptures prohibited flu shots. Ms. Williams could not provide the requested clergy letter, however, because she did not belong to a church or an organized religion. When Lasata denied Ms. Williams’ request for a religious exemption, she submitted to the flu shot, despite her religious objections, because she was told that her refusal would result in her termination.

The suit alleges that Lasata’s policy permitting only employees who could obtain a letter from a clergy member to receive a religious accommodation violated Title VII. The policy on its face denied religious accommodations to employees, like Ms. Williams, who do not belong to churches with clergy leaders. The United States’ complaint also alleges that Lasata unlawfully denied Williams a reasonable accommodation of her religious objection to the flu shot by denying her a request for an exemption without the requisite showing that doing so would cause an undue hardship. Through this lawsuit, the United States is seeking compensatory damages for Ms. Williams, in addition to injunctive and other appropriate relief.

“When employees’ religious principles conflict with work rules, they should not have to choose between practicing their religion and keeping their jobs if a reasonable accommodation can be made without undue hardship to the employer,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “Employers should take care not to craft policies that disfavor individuals because of their sincerely held religious beliefs or practices in violation of Title VII.”

The Chicago District Office of the Equal Employment Opportunity Commission (EEOC) investigated and attempted to resolve Williams’ charge of discrimination before referring it to the Department of Justice for litigation. More information about the EEOC is available on its website at www.eeoc.gov.

Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion. The enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division.  Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt/.

The Department of Justice announced today that Ultra Electronics Holdings plc and Sparton Corporation have abandoned their merger, originally valued at more than $234 million.  The transaction threatened to permanently combine the only two qualified suppliers of sonobuoys to the U.S. Navy.  Sonobuoys are used in support of multiple underwater missions for detection, classification, and localization of adversary submarines during peacetime and combat operations.  Ultra Electronics and Sparton Corporation have in recent years supplied this critical equipment to the U.S. Navy through their joint venture, ERAPSCO.  

Ultra Electronics Holdings Inc. is a British company headquartered in London, England, that is comprised of 19 separate businesses.  Ultra Electronics’ core markets are in North America and the United Kingdom.  In 2016, Ultra reported annual worldwide revenues of £785.8 million.  Ultra Electronics provides a wide range of products to the defense, aerospace, security, transport and energy industries.  

Sparton Corporation is a publicly-held company incorporated in Ohio and headquartered in Schaumberg, Illinois; it reported $397.6 million in net sales for the fiscal year 2017.  Sparton primarily designs and builds electromechanical devices for medical, military, aerospace and industrial applications.  Sparton currently has thirteen manufacturing locations and engineering design centers worldwide.

The Justice Department today announced it has entered into a settlement agreement with the University of Baltimore (University) to resolve allegations that the University discriminated against a female employee, based upon her pregnancy, in violation of Title VII of the Civil Rights Act of 1964. 

According to the Department’s complaint, the University discriminated against former employee Sarah Dechowitz on the basis of her sex (pregnancy) by first firing her and then refusing to re-hire her for a similar position.  The complaint alleged that shortly after she informed management that she was pregnant, a high-level University official involved in the decisions about Ms. Dechowitz’s employment made comments indicating that her pregnancy was a motivating factor in the University’s decision to terminate her employment by eliminating her position.  Approximately one week after the University notified Ms. Dechowitz that her position was being eliminated, the University advertised for a similar, newly created position.  According to the complaint, the University’s decision not to re-hire Ms. Dechowitz for the similar position was because of or motivated by her pregnancy.  

“The Justice Department is committed to fighting pregnancy discrimination under Title VII,” said Acting Assistant Attorney General John Gore for the Civil Rights Division. “I am pleased with the University of Baltimore’s cooperation in ensuring its compliance with the law.” 

Under the terms of the settlement agreement, the University has agreed to pay $115,000 in back pay and compensatory damages to Ms. Dechowitz. In addition, the University has agreed to review and revise, if necessary, its anti-discrimination policies and procedures to ensure that it protects its employees from discrimination on the basis of sex, including pregnancy, and unlawful retaliation.  The University also agreed to provide training to both new and current employees on its anti-discrimination policies and procedures. 

Ms. Dechowitz initially filed a charge of sex discrimination with the Equal Employment Opportunity Commission’s Baltimore, Maryland Field Office, which investigated the matter, determined there was reasonable cause to believe discrimination had occurred, and referred the matter to the Justice Department.

Title VII is a federal statute that prohibits employment discrimination on the basis of sex (including pregnancy), race, color, national origin and religion.  Title VII also prohibits retaliation against an employee who opposes an unlawful employment practice, makes a charge of discrimination or participates in an investigation, proceeding or hearing under the Civil Rights Act.

The United States is represented in this case by Civil Rights Division attorney Richard Sexton.

Additional information about Title VII and other federal employment laws is available on the website of the Employment Litigation Section of the Civil Rights Division at http://www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section. 

The Justice Department today announced it has signed a settlement agreement with West Liberty Foods L.L.C., an Iowa-based meat processing business that operates a plant in Bolingbrook, Illinois, to resolve the Department’s investigation into whether the company discriminated against work-authorized immigrants when verifying their employment authorization, in violation of the Immigration and Nationality Act (INA). 

The Department’s investigation revealed that West Liberty Foods routinely asked non-U.S. citizens hired at its Bolingbrook location to present specific documents, such as permanent resident cards or Employment Authorization Documents, to establish their work authority but did not make similar requests of U.S. citizens. The anti-discrimination provision of the INA prohibits employers from subjecting employees to more or different documentary demands based on employees’ citizenship, immigration status, or national origin.

Under the settlement, West Liberty Foods will pay a civil penalty of $52,100 to the United States, ensure that its human resources staff participate in department-provided training, post notices informing workers about their rights under the INA’s anti-discrimination provision, and be subject to departmental monitoring for two years.  

“When verifying an employee’s work authorization, employers must ensure that they do not impose unlawful barriers based on citizenship status,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We commend West Liberty Foods for its cooperation with the Department’s investigation, and look forward to working with the company to implement this agreement.”  

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

For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites.

Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status or national origin, or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, should contact IER’s worker hotline for assistance.

The Department of Justice’s Antitrust Division will hold a series of three public roundtable discussions to explore the relationship between competition and regulation, and its implications for antitrust enforcement policy. The first roundtable will occur on Wednesday, March 14, 2018 in the Great Hall of the Robert F. Kennedy Department of Justice Building, 950 Pennsylvania Avenue, NW, Washington, D.C. from 10:00 a.m. to 1:00 p.m. EST. The tentative agenda of the first roundtable can be found below.

The series of roundtable discussions will help the Department pursue effective and appropriate competition policy and identify related regulatory burdens on the American economy. The first roundtable will examine exemptions and immunities from the antitrust laws, and their impact on the free market and consumers. It will also include a discussion of the appropriate role of the state action doctrine in light of the broader federal policy favoring competition in interstate commerce.

“Our nation’s antitrust laws contribute to a well-functioning free market economy, and appropriate enforcement minimizes the need for burdensome regulatory intervention in the free markets,” said Assistant Attorney General Makan Delrahim. “Broad, bipartisan agreement for over half a century recognizes that the unrestrained interaction of competitive forces yields the best allocation of economic resources, the lowest prices, the highest quality, and the most innovation. I look forward to a robust exchange of ideas on these important topics.”

The roundtables will provide a forum for industry participants, academics, think tanks, and other interested parties to discuss the economic and legal analyses of competition and deregulation. The Antitrust Division plans to invite panelists from a variety of organizations, including American Antitrust Institute, American Bar Association Section of Antitrust Law, American Enterprise Institute, Association of Corporate Counsel, Business Roundtable, Cato Institute, Consumers Union, Federalist Society, Heritage Foundation, National Association of Attorneys General, Open Markets Institute, Public Knowledge, and the U.S. Chamber of Commerce. 

The Department of Justice welcomes comments in advance of each of the roundtables. The Department will accept public comments (not to exceed 20 pages) regarding the first roundtable until March 13, 2018. Interested parties may submit comments to: CompReg1@atr.usdoj.gov. Submitted comments will be made publicly available on the Department of Justice website. 

The second roundtable, which will focus on antitrust consent decrees, will be held on April 26, 2018. The third roundtable will be held on May 31, 2018, and will assess the consumer costs of anticompetitive regulations. Agendas for upcoming roundtables will be posted on the Department of Justice website, along with instructions for submitting public comments for those roundtables. 

The roundtables will be open to the public. Individuals wishing to attend must register for each roundtable on the Department’s website, at http://www.justice.gov/atr/CompReg/. 

Reasonable accommodations for people with disabilities are available upon request. Requests should be submitted via email to Jeremy Edwards in the Office of Public Affairs at Jeremy.M.Edwards@usdoj.gov or by calling 202-307-2016. Requests should be made in advance. Please include a detailed description of the accommodation needed and provide contact information.

On February 28, 2018, the International Conference on Mobilizing Law Enforcement Efforts to the Defeat Islamic State of Iraq and Syria or Islamic State of Iraq and al-Sham (ISIS) concluded in Washington, D.C.  The two-day conference, co-sponsored by the U.S. Department of State, INTERPOL, and the International Institute for Justice and the Rule of Law (IIJ), brought together justice and law enforcement officials and their diplomatic counterparts, responsible for addressing counterterrorism issues from approximately 90 countries and organizations. According to the State Department, the conference would “build on our existing strategy and lay the foundation for the next phase in our effort as we work to confront the evolving ISIS threat.” INTERPOL Washington—the U.S. National Central Bureau—was instrumental in facilitating this event and is leading the sharing of information on Foreign Terrorist Fighters (FTFs) through INTERPOL’s Notice and Diffusion systems.

The first day of the conference featured a speech by the Department of State Coordinator for Counterterrorism, Ambassador Nathan A. Sales, during which he shared an overview of what the United States has been doing to counter ISIS using law enforcement and other civilian capabilities. He announced Secretary of State Rex Tillerson’s decision to give terrorist designations to seven ISIS-affiliated groups and two ISIS-affiliated leaders. Sales called for prosecuting FTFs, collecting and using battlefield evidence, updating laws to more effectively target the threat, implementing tougher border screening and more robust information-sharing within governments and among them, and designating and sanctioning ISIS affiliates and financiers to cut off the flow of money. Read his full remarks here.

Conference breakout sessions addressed subjects such as: Evidence Collection and Prosecutions, Institutional Reform, De-Radicalization and Reintegration, Legal Frameworks, Information Sharing, Tracking Foreign Terrorist Fighters Financial Data, and Preventing Homegrown Terrorism.  The conference also sought to identify actions designed to help countries to disrupt potential attacks and to strengthen unity of purpose among the participants.

Ambassador Sales ended of the conference by hosting a teleconference with reporters during which he recapped highlights of the conference and answered questions.  A transcript of the teleconference is here.

The Justice Department today announced that Mark Frederick, a former Captain of the Iberia Parish Sheriff’s Office (IPSO), pleaded guilty to aiding and abetting an assault on a pre-trial detainee at the Iberia Parish Jail (IPJ).

According to the charges and other information presented in Court, Mark Frederick was a Captain at IPSO and served as the Assistant Warden at the IPJ.  On Sept. 27, 2011, E.M., a pre-trial detainee, resisted deputies at the IPJ. E.M. was restrained and removed from the scene.  Frederick and other senior IPSO staff agreed to retaliate against E.M. by taking him to the chapel, a place that was not covered by the jail’s video surveillance system, and assaulting him. 

Frederick, along with the other senior IPSO staff, went to the chapel with the unlawful intent to beat E.M. in retaliation for E.M.’s previous altercation with jail deputies.  Inside the chapel, officers assaulted E.M. while he was handcuffed, compliant, and not posing a threat to anyone. One officer took a baton, placed it between E.M.’s legs and in a sharp motion, raised the baton into E.M.’s testicles hard enough to knock E.M. off of his feet and to inflict pain. Frederick recognized that he had a duty to intervene and stop the unjustified use of force on inmate E.M. Nevertheless, Frederick willfully chose not to intervene to stop the beating, despite having the opportunity to do so.  

"Individuals incarcerated in jails have the right to be free from unjustified assaults by corrections officers," said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will continue to vigorously prosecute officers who abuse their authority and violate their oath of office and federal law by assaulting inmates in their custody.”

Mark Frederick, 47, of St. Martinville, Louisiana, will be sentenced by U.S. District Court Judge Donald Walter at a later date.

This case was investigated by the Lafayette Resident Agency of the Federal Bureau of Investigation, and was prosecuted by Trial Attorney Tona Boyd of the Civil Rights Division and Assistant United States Attorney Mary Mudrick of the Western District of Louisiana.

The Civil Rights Division and the United States Attorney’s Office for the Western District of Texas jointly announced today the filing of a complaint in federal district court against WiFi Alliance, a non-profit organization headquartered in Austin.  The complaint alleges that WiFi Alliance violated the employment rights of Lieutenant Colonel (LTC) Charles O’Donnell, an Army Reservist, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 

According to the complaint, O’Donnell’s military service was a motivating factor in WiFi Alliance’s decision to terminate his employment in 2016.  WiFi Alliance implemented a reduction in force that resulted in its laying off O’Donnell concurrent with his military duty supporting West Point Admissions at the United States Military Academy.  O’Donnell, a program manager, was selected for termination despite positive performance evaluations, seniority, and unique job responsibilities as compared to employees who were not laid off.  O’Donnell served more than 22 years in the Armed Forces, and was a program manager with WiFi Alliance for three years before he was terminated.  He was notified of his termination less than a month after he returned from military service.

“Through this lawsuit, the Department of Justice reaffirms its commitment to protecting the employment rights of the members of our Armed Forces,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The men and women of our armed services expect and are entitled to the peace of mind of knowing that their civilian employment will not be jeopardized because they serve our country.”

“Members of our armed forces make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney John F. Bash of the Western District of Texas.  “When our service members are away from their homes, jobs, and families in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations.  We are filing suit today, as representatives of Lieutenant Colonel O’Donnell, a member of the United States Army Reserve, to ensure that he does not lose his rights while he was protecting ours.” 

The lawsuit filed by the United States seeks damages equal to the amount of LTC O’Donnell’s lost wages and benefits.  It also seeks an order requiring WiFi Alliance’s compliance with all provisions of USERRA.

LTC O’Donnell initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties.  After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division, Employment Litigation Section.  This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Texas.

Congress enacted USERRA to reduce employment disadvantages faced by non-career service members; to provide prompt reemployment for returning service members; to minimize disruption to the lives of those performing military service, their employers and others; and to prohibit discrimination and retaliation against those who serve in the uniformed services. 

The Justice Department’s Civil Rights Division has given high priority to the enforcement of servicemembers’ rights under USERRA.  Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.

Today Attorney General Jeff Sessions issued a memo for the Acting Administrator of the Drug Enforcement Administration directing the DEA to evaluate and consider whether or not to amend its regulations governing the aggregate production quota where appropriate as expeditiously as practicable, including through a potential interim final rule. This is in response to studies indicating that the United States is an outlier in the number of opioid prescriptions issued each year.

In making the announcement, Attorney General Sessions said: “Our nation is in the grips of the deadliest drug epidemic in our history.  In accordance with President Donald J. Trump’s declaration of a Public Health Emergency and his directive to his Administration to address drug addiction and opioid abuse, the Department of Justice has helped lead the fight against this devastating crisis.  I appreciate the efforts of the great men and women of the Drug Enforcement Administration (DEA), who are making significant strides in combatting this threat.”

View the memo here.

Chancler Encalade, 20, was sentenced yesterday to 10 years in prison for assaulting a man because of the victim’s sexual orientation, announced the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Texas, and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives’ Dallas Division.

According to the plea agreement, Encalade admitted he, Nigel Garrett, and another co-defendant, used Grindr, a social media dating platform for gay men, to arrange to meet the victim at the victim’s home. Upon entering the victim’s home, the defendants restrained the victim with tape, physically assaulted the victim, and made derogatory statements to the victim for being gay. The defendants brandished a firearm during the home invasion, and they stole the victim’s property, including his motor vehicle.

A federal grand jury previously returned an eighteen-count superseding indictment that included charges for hate crimes, kidnappings, carjackings, and the use of firearms to commit violent crimes. The indictment also charged the defendants with conspiring to cause bodily injury because of the victims’ sexual orientation during four home invasions in Plano, Frisco, and Aubrey, Texas, from Jan. 17 to Feb. 7, 2017. Garrett, their other co-defendant, and Encalade subsequently pleaded guilty to hate crime charges from this indictment. Garrett was recently sentenced to 15 years in prison.   

“The defendant targeted his victim with violence because of his sexual orientation, and used the internet to facilitate this crime,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Civil Rights Division will continue to vigorously prosecute hate crimes such as this one.”

“The defendant not only broke in, but he did it specifically to intimidate individuals because of their sexual orientation,” said U.S. Attorney Joseph D. Brown for the Eastern District of Texas. “This is the kind of case where federal and local law enforcement should come together, and that happened effectively here.”

The investigation is being conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Plano Police Department, and the Frisco Police Department.  The case is being prosecuted by Assistant U.S. Attorney Tracey Batson of the U.S. Attorney’s Office for the Eastern District of Texas and Trial Attorney Saeed Mody of the Civil Rights Division.

Please attribute the following statement to Justice Department spokesman Devin O'Malley:

"The National Institute of Justice—the research, development, and evaluation agency of the Department of Justice—has never tested nor certified ballistic items, such as backpacks, blankets, or briefcases, other than body armor for law enforcement. Marketing that claims NIJ testing or certification for such products is false."

Background:

In recent days, multiple media outlets have repeated misleading statements made by companies about "NIJ certification" of their ballistic backpack products.

Additional Background:

The only ballistic-resistant product that NIJ certifies is law enforcement body armor that meet the requirements of NIJ’s Compliance Testing Program (CTP), which are then listed on NIJ’s Compliant Products List.  Testing body armor involves a technically rigorous test campaign that must be carried out by one of four laboratories that are accredited by the National Voluntary Laboratory Accreditation Program and approved by NIJ to participate in the CTP.  The protocols and procedures are described in the current NIJ performance standard NIJ Standard 0101.06, Ballistic Resistance of Body Armor.  In addition, NIJ offers many informational resources on law enforcement body armor at policearmor.org.

The Justice Department’s Civil Rights Division today announced a second initiative to combat sexual harassment; the effort announced today—the Sexual Harassment in the Workplace Initiative (SHWI)—focuses on workplace sexual harassment in the public sector.

The Justice Department’s Civil Rights Division enforces Title VII of the Civil Rights Act of 1964 against state and local government employers. The law prohibits discrimination in employment on the basis of race, color, national origin, sex, and religion. Sexual harassment is among the conduct prohibited by the law because it is a form of sex discrimination.  

The Justice Department will also announce its first enforcement action brought under the SHWI. The Justice Department will file a lawsuit against the City of Houston, alleging that the Houston Fire Department (HFD) discriminated against two female firefighters on the basis of sex in violation of Title VII when it allowed them to be subjected to sexual harassment in the workplace.

As part of the Initiative, the Justice Department will continue to bring sex discrimination claims against state and local government employers with a renewed emphasis on sexual harassment charges. The Department will also work to develop effective remedial measures that can be used to hold public sector employers accountable where Title VII violations have been found, including identifying changes to existing employer practices and policies that will result in safe work environments.

Through the Initiative, the Department will also conduct outreach to state and local government employers that centers around five critical areas: (1) creating trusted and safe avenues for employees to report sexual harassment; (2) ensuring management support for anti-discrimination policies and practices; (3) implementing accountability measures to ensure the timely and effective resolution of sexual harassment complaints; (4) adopting comprehensive anti-sexual harassment policies and procedures that include regular, tailored, and interactive training for employees; and (5) providing safeguards against retaliation for persons who report sexual harassment and for employees who support them.

“All Americans are entitled to work with dignity in a place that is free of sexual harassment,” said Acting Assistant Attorney General John Gore for the Civil Rights Division, in announcing the Initiative. “Through enforcement actions, effective remedial measures, and outreach, the Justice Department—under Attorney General Jeff Sessions’ leadership—will fight to eliminate sexual harassment among public sector employers.”

The creation of this Initiative reflects the Department of Justice’s commitment to the aggressive enforcement of the nation’s anti-discrimination laws and an expansion of the Civil Rights Division’s efforts to eradicate sexual harassment under the leadership of Attorney General Jeff Sessions.

In October 2017, the Justice Department announced the Civil Rights Division’s first initiative to combat sexual harassment, the Sexual Harassment in Housing Initiative. In 2017, the Justice Department recovered more than $1 million in damages for victims of harassment in housing. Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.

Additional information about the Civil Rights Division, its enforcement of Title VII and other civil rights laws it enforces is available on its Web sites at http://www.justice.gov/crt/ and http://www.justice.gov/crt/emp. 

The Justice Department has filed a lawsuit against the City of Houston, alleging that the Houston Fire Department (HFD) discriminated against two female firefighters on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, announced Acting Assistant Attorney General John Gore of the Civil Rights Division and U.S. Attorney Ryan K. Patrick.  Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin and religion.

The lawsuit, filed in the Southern District of Texas, alleges that Jane Draycott and Paula Keyes were subjected to a hostile work environment based on sex when they were employed as firefighters at HFD’s Station 54.  According to the complaint, HFD’s hostile work environment included males urinating on the walls, floors and sinks of the women’s bathroom and dormitory, disconnecting the cold water to scald the women while they were showering, and deactivating the female dormitory’s announcement speakers so the women could not respond to emergency calls.  The complaint further alleges that the conduct culminated in death threats and vulgar slurs written on the walls of their work and living spaces at Station 54 and on their personal possessions.  This conduct continued despite at least nine complaints made to management, according to the allegations.

The lawsuit further alleges that HFD retaliated against Draycott in response to her complaints by permitting her co-workers to publicly disparage her in an attempt to prevent her from returning to work at Station 54 and that she was forced into early retirement because of her intolerable working conditions.  

Other female firefighters who had previously worked at Station 54 allegedly made similar complaints to HFD about sex-based discrimination prior to Draycott and Keyes working there. According to the complaint, HFD did not take meaningful steps to stop the discrimination. 

Through this lawsuit, the United States seeks to require HFD to develop and implement policies that would prevent sex discrimination and retaliation.  The United States also seeks monetary relief for Draycott and Keyes to compensate them for the damages they sustained as a result of the alleged discrimination.

“Far too often, women are targeted and harassed in the workplace because of their sex,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Employees have the right to work in an environment that is free from sex discrimination and retaliation. The Civil Rights Division—under the newly created Sexual Harassment in the Workplace Initiative—will continue to work vigorously to protect employees from these workplace abuses.”

“No employee should be subjected to a hostile work environment based on their sex,” said U.S. Attorney Ryan K. Patrick.  “We will aggressively protect employees who are victims of sex discrimination and retaliation and pursue employers who violate the law.”

Draycott and Keyes each filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Houston Office investigated the charges and made reasonable cause findings.  After unsuccessful conciliation efforts, the EEOC referred the charges to the Justice Department. 

The Civil Rights Division’s Employment Litigation Section brought the case in collaboration with the U.S. Attorneys’ Office for the Southern District of Texas.

 This lawsuit is the first of a new initiative announced by the Department of Justice today, the Sexual Harassment in the Workplace Initiative, which is aimed at combatting sexual harassment and sex-based harassment in the public sector workplace. It is the second initiative created under the leadership of Attorney General Jeff Sessions to combat sexual harassment; the first initiative, the Sexual Harassment in Housing Initiative, was announced in October 2017 to fight sexual harassment in housing.

More information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt. 

The Justice Department announced today that Deloitte & Touche LLP has agreed to pay the United States $149.5 million to resolve potential False Claims Act liability arising from Deloitte’s role as the independent outside auditor of Taylor, Bean & Whitaker Mortgage Corp. (TBW), a failed originator of mortgage loans insured by the Federal Housing Administration (FHA) in the Department of Housing and Urban Development (HUD).

“With taxpayer dollars at stake, auditors must take their obligations seriously when auditing companies that participate in government programs,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division.  “When auditors fail to exercise their professional judgment, and make false statements that allow bad actors to remain in government programs and submit false claims to the government, there will be consequences.”

Under HUD’s Direct Endorsement Lender program, TBW was authorized to originate and underwrite mortgage loans insured by the FHA.  When a borrower defaults on an FHA-insured loan underwritten and endorsed by a Direct Endorsement Lender such as TBW, the holder of the loan can submit a claim to the United States to recoup losses resulting from the default.  To maintain its status as a Direct Endorsement Lender, a lender is required to submit to HUD annual audit reports on its financial statements and related reports on its internal controls and its compliance with certain HUD requirements.

Deloitte served as TBW’s independent outside auditor, and issued audit reports for TBW’s fiscal years 2002 through 2008.  The United States alleged that during that time period TBW had been engaged in a long-running fraudulent scheme involving, among other things, the purported sale of fictitious or double-pledged mortgage loans, and as a result, TBW’s financial statements failed to reflect its severe financial distress.  The United States alleged that Deloitte’s audits knowingly deviated from applicable auditing standards and therefore failed to detect TBW’s fraudulent conduct and materially false and misleading financial statements.  The United States alleged that Deloitte’s audit failures extended to the specific financial arrangements through which TBW carried out its fraudulent conduct.  By failing to detect TBW’s misconduct, Deloitte’s audit reports allegedly enabled TBW to continue originating FHA-insured mortgage loans until TBW collapsed and declared bankruptcy in 2009.

A number of TBW officials were criminally convicted in connection with the conduct at issue.

“HUD relies on auditors to ensure the soundness of participants in HUD programs. When CPA firms and auditors fail to detect fraud, waste or abuse the consequences are significant to federal programs, and, ultimately, to the American taxpayer and must be addressed,” said Helen M. Albert, Acting HUD Inspector General.

The claims settled by this agreement are allegations only, and there has been no determination of liability.

The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, HUD and HUD’s Office of Inspector General.

Tyson Poultry Inc. was sentenced in federal court in Springfield, Missouri, to pay a $2 million criminal fine, serve two years of probation, and pay $500,000 to directly remedy harm caused when it violated the Clean Water Act, the Justice Department announced. The charges stemmed from discharges at Tyson’s slaughter and processing facility in Monett, Missouri that led to a major fish kill event. 

Tyson Poultry, the nation’s largest chicken producer, is headquartered in Springdale, Arkansas, and is a subsidiary of Tyson Foods Inc. According to court records, Tyson Poultry’s conviction arose out of a spill at its feed mill in Aurora, Missouri, where it mixed ingredients to produce chicken feed. One ingredient was a liquid food supplement called “Alimet,” which is a very strong acid with a pH of less than one. In May 2014, the tank used to store Alimet at the Aurora feed mill sprang a leak. Tyson had the spilled substance transported to its Monett plant where the Alimet was then discharged into the sewers and flowed into the City of Monett municipal waste water treatment plant. The Alimet killed bacteria used to reduce ammonia in discharges from the treatment plant. As a result, more ammonia was released from the plant into Clear Creek, and approximately 108,000 fish were killed. 

Under the terms of the plea agreement, Tyson Poultry also agreed to retain an independent, third-party auditor to examine environmental compliance at Tyson Poultry facilities across the country; conduct specialized environmental training at all of its poultry processing plants, hatcheries, feed mills, rendering plants, and waste water treatment plants; and implement improved policies and procedures to address the circumstances that gave rise to these violations. 

“Good corporate practices are vital to protecting public health and our nation’s natural resources,” said Acting Assistant Attorney General Jeffrey H. Wood for the Environment & Natural Resources Division. “When corporate misconduct disregards human safety or the environment in violation of federal laws, the Department of Justice and EPA stand ready to pursue all necessary legal relief, including criminal penalties, to ensure that these acts do not go unpunished. We hope that the outcome of this case will be a lesson for all companies that deal with dangerous wastes.” 

“Today’s sentence not only remedies the harm Tyson Poultry caused locally, but puts safeguards in place to prevent similar occurrences at Tyson Poultry facilities across the country,” said U.S. Attorney Timothy A. Garrison for the Western District of Missouri. “Tyson’s $2.5 million fine and restitution payment reflects the seriousness of this offense and our commitment to protect Missouri’s natural resources.”

“Today’s sentencing not only holds Tyson Poultry accountable for their illegal actions, it includes important requirements for the company to improve compliance with the law to prevent future violations,” said Assistant Administrator Susan Bodine for EPA’s Office of Enforcement and Compliance Assurance. “This case exemplifies EPA’s commitment to protect clean water by pursuing the most egregious violations.”

Acting Assistant Attorney General Wood and Acting U.S. Attorney Larson thanked the U.S. Environmental Protection Agency’s Criminal Investigation Division for its work in this investigation. The case was prosecuted by Senior Counsel Kris Dighe of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Assistant U.S. Attorneys Patrick Carney and Casey Clark of the United States Attorney’s Office for the Western District of Missouri.

The Justice Department today announced that David H. Howard, 59, of Tampa, Florida, pleaded guilty in the U.S. District Court for the Middle District of Florida, Tampa Division, to one count of threatening, intimidating, and interfering with a Muslim family’s enjoyment of their housing rights, in violation of Title 42 U.S.C. § 3631. Howard intimidated and interfered with the victims, who sought to purchase a home in the Davis Islands neighborhood of Tampa, Florida, by threatening to burn down the home, simply because it was being purchased by a Muslim family.  

According to court documents, on Nov. 3, 2016, a Muslim man, identified as K.A., and his wife were conducting the final walk-through of a home they had placed under contract.  As K.A. arrived for the final walk-through, the defendant approached K.A. and the seller identified as H.D., and the accompanying realtors, and yelled, “This sale will not take place!”  Howard threatened to burn the house down, and told K.A., “You are not welcome here!” K.A. and his wife hurried away from the house and cancelled the closing of the home purchase that was scheduled to take place the next day. In the days that followed, Howard retold his version of the incident to neighbors, making insulting remarks about Muslims.

“The Department of Justice will not tolerate illegal threats or acts of intimidation against any individual because of their religious beliefs,” said Acting Assistant Attorney John Gore of the Civil Rights Division. “The Civil Rights Division will continue to work tirelessly to prosecute hate crime offenders.”

“Individuals and families should have the right to live wherever they choose, without intimidation or fear,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “Crimes perpetrated against people because of their race, ethnicity, color, or religious beliefs simply cannot be tolerated. And, we will prosecute those who commit these crimes to the fullest extent possible.”   

“Hate motivated crimes are not only an attack on the victim, but are meant to threaten and intimidate an entire community," said FBI Tampa Division Special Agent in Charge Eric W. Sporre. “Reporting these types of crimes along with cooperation of the community is critical to ensuring a successful outcome in cases like this.”

A sentencing date has not yet been set. Howard faces a maximum punishment of 10 years in prison, up to three years of supervised release, and a fine up to $250,000.

This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorney Josephine W. Thomas of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.

The Department of Justice today announced it will be filing a Statement of Interest in a multi-district action regarding hundreds of lawsuits against opioid manufacturers and distributors.

The plaintiffs include numerous cities, municipalities, and medical institutions that have borne the costs of the prescription opioid crisis.  The plaintiffs seek to recover the costs associated with providing treatment and public safety measures relating to the opioid epidemic from those who allegedly used false, deceptive, or unfair marketing practices for prescription opioid drugs.

The Justice Department will primarily argue that the federal government—through various federal health programs and law enforcement efforts—has borne substantial costs from the opioid epidemic and seeks reimbursement.

In announcing the plan to file the Statement of Interest, Attorney General Jeff Sessions provided the following statement: “Opioid abuse is driving the deadliest drug crisis in American history.  It has cost  this nation hundreds of thousands of precious lives.  It has strained our public health and law enforcement resources and bankrupted countless families across this country. President Trump and this administration have made ending this unprecedented crisis a priority, and the Department of Justice is committed to using every lawful tool at our disposal to turn the tide.  We will seek to hold accountable those whose illegality has cost us billions of taxpayer dollars.”