District Not Recorded

In the City of Cartagena, Colombia, on December 6th and 7th, 2017, the Attorney General of the United States of America, Jeff Sessions, the Attorney General of Colombia, Néstor Humberto Martínez Neira, and the Acting Prosecutor General of the United Mexican States, Alberto Elías Beltran, held the "Trilateral Summit Against Transnational Organized Crime.”  The purpose of the summit was to renew the existing commitment to international judicial cooperation and to deepen joint strategies in the fight against transnational organized crime.

Throughout the summit, the Attorneys General evaluated diverse criminal phenomena linked to organized crime, such as narcotics trafficking, money laundering, public corruption, and human trafficking.  This criminal activity has affected security and prosperity in the Americas.  Thus, the Attorneys General believe that it is necessary to redouble each country’s efforts and fortify cooperation amongst all three countries in order effectively to combat this scourge.

In this regard, the three countries plan to develop and share strategies to effectively combat and dismantle organized criminal structures, in order to successfully address the multiple challenges posed by transnational organized crime.

In particular, the three countries plan to maximize collective law enforcement capabilities by:

1. Streamlining the exchange of information in real time among the investigative bodies in the three countries by utilizing law enforcement channels of communication whenever possible;

2. Prioritizing and collaborating in the interdiction of shipments of narcotics and its illicit proceeds;

3. Engaging in investigative strategies, where possible, to more effectively dismantle transnational criminal organizations;

4. Increasing the exchange of best practices to more effectively investigate and prosecute transnational criminal organizations; and

5. Developing joint capacity building and training programs for public sector actors responsible for criminal investigations and prosecutions, with a particular focus on organized crime, narcotics trafficking, money laundering, asset forfeiture, and public corruption.

Former North Charleston, South Carolina, Police Department (NCPD) Officer Michael Slager, 36, was sentenced to 20 years in prison today for his commission of a federal civil rights offense during his fatal shooting of Walter Scott, Jr. on April 4, 2015. This sentence resulted from the Court’s determinations that Slager’s actions in shooting Mr. Scott constituted second-degree murder, and his subsequent conduct constituted obstruction of justice as defined by federal sentencing guidelines.

Attorney General Jeff Sessions, Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Beth Drake of the District of South Carolina, Special Agent in Charge Alphonse “Jody” Norris of the FBI’s Columbia Division, Solicitor Scarlett A. Wilson of the Ninth Judicial Circuit, and Chief Mark Keel of the South Carolina Law Enforcement Division (SLED) announced today’s sentence by U.S. District Judge David C. Norton.    

According to documents filed in connection with the guilty plea entered on May 2, 2017, Michael Slager, while acting as an NCPD Officer, willfully used deadly force on Walter Scott even though it was objectively unreasonable under the circumstances.  Slager had stopped Scott’s vehicle after observing that a brake light was not working.  During the stop, Scott fled on foot and Slager pursued him.  During the foot chase, Slager deployed his Taser and Scott fell to the ground.  Scott managed to get off of the ground and again run away.  Scott was unarmed and running away when Scott fired eight shots at him from his department-issued firearm.  Five shots hit Scott, with all of the bullets entering from behind.  Scott died as a result of the injuries from Slager’s gunshots.

“Law enforcement officers have the noble calling to serve and protect,” Attorney General Sessions said. “Officers who violate anyone’s rights also violate their oaths of honor, and they tarnish the names of the vast majority of officers, who do incredible work. Those who enforce our laws must also abide by them—and this Department of Justice will hold accountable anyone who violates the civil rights of our fellow Americans. On behalf of the Department of Justice, I want to offer my condolences to the Scott family and loved ones.”

“This state, this nation, owe a tremendous thanks to the Scott family for their commitment to see this case through,” said U.S. Attorney Drake.  “Their grace, their commitment are a lesson for us all.  The South Carolina Law Enforcement Division, with the support of the FBI, conducted a thorough investigation that enabled us to build an excessive force case against former officer Michael Slager. I am so proud of the work put into this case by the dedicated law enforcement, victim advocates and trial teams at the state and federal level.”  

“When a law enforcement officer—who swears an oath to protect and serve—violates the civil rights of an individual, it erodes the public’s trust in the entire law enforcement community,” said Special Agent in Charge Norris. “The FBI will always respond to these acts and support our state and local partners, like the South Carolina Law Enforcement Division (SLED), as we all strive to ensure the perpetrator meets justice.  The excellent work of SLED, the United States Attorney’s Office, and the Civil Rights Division of the Department of Justice in bringing this matter to a close is to be commended.”

The federal case was prosecuted by Assistant U.S. Attorneys Nathan Williams and Alyssa Richardson of the District of South Carolina, Special Litigation Counsel Jared Fishman, and Trial Attorney Rose Gibson of the Civil Rights Division of the Department of Justice. The case was investigated by the FBI’s Columbia Division and the South Carolina Law Enforcement Division. The state case is being prosecuted by Scarlett A. Wilson and the Office of the Solicitor of the Ninth Judicial Circuit.

Deputy Attorney General Rod Rosenstein today announced that Corey Ellis, First Assistant U.S. Attorney of the Western District of North Carolina, will serve as the Director of Asset Forfeiture Accountability within the Office of the Deputy Attorney General. Pursuant to Attorney General Jeff Sessions’s Oct. 16 memorandum, Ellis will coordinate the Department’s Asset Forfeiture Program, including reviewing complaints and ensuring compliance with the law.

“Many criminals transfer ill-gotten gains to relatives or friends, and others use couriers to transport cash. Civil asset forfeiture helps prevent crime by enabling the government to recover property when prosecuting the person caught holding it may not be appropriate or feasible,” Deputy Attorney General Rosenstein said. “Given his personal experience handling complex asset forfeiture litigation and his superb reputation as a manager, Corey Ellis will strengthen the Justice Department’s Asset Forfeiture Program and help us prevent crime while protecting the property rights of law-abiding people.”

Starting in January, Ellis will begin work on several Department priority initiatives, including the modernization of the National Asset Forfeiture Strategic Plan, updating the Asset Forfeiture Program’s policy guidance, and improving controls over the use of program funds.

Since November 2015, Ellis has served as the First Assistant U.S. Attorney for the Western District of North Carolina. In that position, he has managed an approximately 100-employee office and helped to coordinate complex white-collar crime prosecutions.  He has also directed the office’s training in response to the Attorney General’s July 2017 Asset Forfeiture policy order.

Ellis previously served as an Assistant U.S. Attorney in the Asheville Division of the U.S. Attorney’s Office for the Western District of North Carolina, where he prosecuted cases involving federal lands, drug smuggling, firearm offenses, and violent crime. Mr. Ellis has also coordinated the District’s efforts to fight white-collar fraud, computer hacking, and intellectual property theft. Before becoming a federal prosecutor, he served as an Assistant District Attorney for the 29th Prosecutorial District in North Carolina for eight years.

Ellis received his J.D. from the University of Memphis in Tennessee with awards in trial advocacy and tax law, and his B.A. from Brown University.

United States prosecutors and investigators are recovering more than $14 million linked to two U.S. criminal cases, in which the money was laundered via Guernsey, thanks to a first-time ever sharing of forfeited assets by Guernsey officials.  Guernsey is a significant offshore financial center located in the English Channel near the coast of France.

“The United States and Guernsey have a valued and close law enforcement relationship, and this first-ever asset sharing from Guernsey to the United States is the latest outward sign of our strong ties,” said John P. Cronan, Acting Assistant Attorney General for the Department of Justice’s Criminal Division.  “Today’s announcement sends a strong message that the Department of Justice and our counterparts in Guernsey will not rest until defendants are brought to justice and denied the illicit proceeds of their crimes.” 

Guernsey Attorney General Megan M.E. Pullum, Q.C., and Guernsey Solicitor General Robert M. Titterington, Q.C., announced their commitment to transfer the funds to the United States under a bilateral asset sharing agreement that entered into force between Guernsey and the United States in February 2015.  Their announcement came during a meeting with U.S. officials at the Department of Justice’s headquarters today.

The $14.3 million to be shared from Guernsey represents one half of the net proceeds recovered in that jurisdiction that stem from the two U.S. criminal cases, which are discussed below.  Guernsey will retain an equal amount.  

Most of the funds being transferred from Guernsey – more than $12.77 million – stem from Guernsey’s cooperation in connection with the prosecution of defendant Raymond Bitar and his associates by the United States Attorney for the Southern District of New York.  In April 2013, Bitar pleaded guilty to unlawful internet gambling and conspiracy to commit bank fraud and wire fraud.  He admitted to defrauding customers of his Full Tilt Poker operation by lying to them about the security of their funds held by Full Tilt Poker, and by falsely promising players that their funds would be protected in segregated accounts.  Instead, Bitar and his accomplices used players’ funds for whatever purposes that Bitar directed, including to pay him and others millions of dollars and to cover the operating expenses of Full Tilt Poker.  Ultimately, Full Tilt collapsed and was unable to pay players approximately $350 million that it owed to them. In connection with his plea and sentencing, Bitar agreed to forfeit $40 million dollars in money and other property derived from his offenses, including the funds he maintained in Guernsey.  

The United States Marshals Service expended significant work on the post-conviction tracing, recovery, and liquidation of the criminal assets of Bitar and his associates, both domestically and internationally.  Between November 2012 and June 2015, the Justice Department’s Office of International Affairs sent a series of three Mutual Legal Assistance requests to the Guernsey authorities seeking their assistance with the tracing, restraint, forfeiture and recovery of the proceeds that had been laundered to Guernsey. In response to those requests, the Guernsey authorities used domestic proceedings to block the Bitar accounts, provided bank records that facilitated the U.S. investigation and forfeiture, and ultimately gave effect to the final U.S. judgment of forfeiture and liquidated the accounts.  

The remaining funds to be shared by Guernsey – more than $1.56 million – stemmed from the prosecution of defendant Paul Hindelang and his associates by the United States Attorney for the Southern District of Florida.  Hindelang was large-scale importer of Colombian marijuana into the United States during the 1970s and 1980s.  Similar to the Bitar case, Guernsey’s assistance in connection with the Hindelang case ultimately included the registration and enforcement of a U.S. judgment of forfeiture against assets that were laundered to Guernsey and the liquidation of those assets. 

This is the second time assets have been shared pursuant to a 2015 asset sharing agreement between the United States and Guernsey.  In 2016, the Department of the Treasury shared more than $2 million with Guernsey in 2016.  Guernsey has long been a reliable partner with the United States in the areas of anti-money laundering and forfeiture cooperation.

Representatives from the United States Marshals Service, Homeland Security Investigations, and the Office of International Affairs, who provided substantial assistance in this matter, also were on hand for the asset sharing announcement.

Today, as part of a continued effort to return the rule of law to America’s immigration system in order to serve national interest, Attorney General Jeff Sessions released a memo to the Executive Office for Immigration Review (EOIR) renewing the Justice Department’s commitment to timely and efficient adjudication of immigration cases.  The memo expresses the Attorney General’s appreciation for the progress made since the beginning of the Trump Administration, encourages EOIR personnel to identify new efficiencies in their operations, and articulates five core principles that EOIR personnel should support and adhere to when adjudicating immigration cases.

The Justice Department’s commitment to the timely and efficient adjudication of immigration cases is the foundation of EOIR’s Caseload Reduction Plan—a series of common-sense reforms that aim to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice.  EOIR is also committed to hiring additional immigration judges—with 50 brought on board since January 20, and another 60 additional who will be hired in the next six months—which, when combined with new efficiencies in the system, will ensure that EOIR’s mission of fairly, expeditiously, and uniformly administering the immigration laws is fulfilled. 

EOIR released data on orders of removal, voluntary departures, and final decisions for the first 10 months of the Trump Administration.

The data released for Feb. 1, 2017 – Nov. 30, 2017 is as follows:

• Total Orders of Removal [1]: 87,063
  • Up 30 percent over the same time last year

• Total Orders of Removal and Voluntary Departures [2]: 100,180
  • Up 34 percent over the same time last year

• Total Final Decisions [3]: 127,570
  • Up by roughly 18,200 decisions (16.6 percent) over the same time last year

The Department of Justice will continue to review internal practices, procedures, and technology in order to identify ways in which it can further enhance Immigration Judges’ productivity without compromising due process.

“The state of our nation’s immigration court system has major implications on national security, public safety, and labor markets. With today’s memo, the Attorney General reaffirms his commitment to the rule of law and to the timely and proper adjudication of immigration court cases,” said Executive Office for Immigration Review Acting Director James McHenry. “EOIR has already begun to see the effects of this commitment, and—with the same dedication from EOIR staff, attorneys, and judges—can further work toward realizing our goal of cutting the pending caseload in half by 2020.”

[1] An “order of removal” by an Immigration Judge allows in the removal of an illegal alien from the United States by the Department of Homeland Security.

[2] Under an order of “voluntary departure”, an illegal alien agrees to voluntarily depart the United States by a certain date. If the illegal alien does not depart, the order automatically converts to an order of removal.

[3] A “final decision” is one that ends the proceeding at the Immigration Judge level such that the case is no longer pending.

Attorney General Jeff Sessions today announced that James A. Crowell IV has been named Acting Director for the Executive Office for U.S. Attorneys (EOUSA).

“Jim Crowell is an exceptional career prosecutor, who has served with distinction in a variety of leadership roles in the Department of Justice,” said Attorney General Sessions. “Jim has been an outstanding public servant and principled leader.  I am grateful he has agreed to take on this responsibility, and I look forward to continuing to work with him and the U.S. Attorneys as we continue our efforts to deter crime, promote the rule of law, and ensure equal justice for everyone.”

Prior to this appointment, James Crowell served as Chief of Staff to the Deputy Attorney General, Associate Deputy Attorney General, and Acting Principal Associate Deputy Attorney General.  Before joining the Deputy Attorney General's office, Crowell was the Criminal Chief in the U.S. Attorney’s Office for the District of Maryland, where he began as an Assistant United States Attorney.  As Criminal Chief, Crowell oversaw the work of over 85 Assistant U.S. Attorneys involved in criminal prosecutions, including national security, violent crime, fraud and corruption, cybercrime, narcotics, asset forfeiture, and money laundering, as well as the Anti-Terrorism Advisory Council, Organized Crime Drug Enforcement Task Force, Project Safe Child, Project Safe Neighborhoods, and related anti-crime programs. Crowell also served as the Chief of the Southern Division.

James Crowell is the recipient of numerous law enforcement awards, including all three of the Department of Defense’s highest civilian awards, recognizing his effort to combat contract fraud and corruption involving military contracts. 

A delegation from the U.S. DOJ Antitrust Division, including Deputy Assistant Attorney General Roger Alford, is attending meetings of the OECD Competition Committee in Paris this week. 

The OECD Competition Committee, which includes 35 member countries and the European Union, as well as non-member participants, experts and other invitees, brings together leaders of the world’s major competition authorities for a dialogue on competition policy issues, including best practices and standards, and promotes market-oriented reforms. 

Among the panels scheduled for this week’s meeting are the extraterritorial reach of remedies in antitrust cases, the role of safe harbors and presumptions in antitrust law, and emerging issues related to common ownership by institutional investors.  The U.S. submissions on these topics, as well as the submissions by other OECD members, are available on the OECD Competition Committee’s website at http://www.oecd.org/daf/competition/roundtables.htm.

Swedish company Husqvarna AB and its U.S. affiliate, Husqvarna Consumer Outdoor Products N.A., Inc., have agreed to pay a $2.85 million civil penalty to resolve alleged violations of the Clean Air Act, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today.

The agreement is a result of Husqvarna’s failure to provide EPA with complete and accurate emissions testing information relating to engines used in handheld lawn, garden and forestry equipment manufactured during the 2011-2013 period. Today’s agreement, filed with the Federal District Court in the District of Columbia, requires Husqvarna to pay a $2.85 million civil penalty.

As a result of EPA’s investigation, Husqvarna agreed to reduce its emission credit balance by approximately 1,700 tons and improve quality assurance measures related to manufacturing, testing and reporting emissions from outdoor power products, such as trimmers, leaf blowers, and chainsaws. Consumers and professional users of these products, which are sold under various brand names, will benefit from reductions in emissions from products the company sells in the future.

“This settlement demonstrates the Department’s commitment to enforcing federal clean air laws,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “Working with our partners at EPA, we will continue to uphold the integrity of emissions testing programs to ensure clean air for the American people.”

“As a result of this investigation, Husqvarna’s products will produce less air pollution, which means cleaner air for consumers and American communities,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to both making sure internal combustion engines perform as designed and holding accountable manufacturers who fail to properly test or report how much air pollution those engines emit.”

Engines sold in the United States must meet applicable emission standards for hydrocarbon and oxides of nitrogen, both ozone precursors. To demonstrate compliance with these standards, manufacturers must perform “production line testing” on a select number of engines from each “engine family” to verify that engines within the engine family as a whole meet the applicable emission standards. Manufacturers must then report certain information to EPA about their production line testing.

During an audit of Husqvarna’s production line testing reports conducted by EPA’s Office of Transportation and Air Quality and a subsequent investigation by EPA’s Office of Enforcement and Compliance Assurance, EPA found pervasive errors in the way Husqvarna was determining the minimum number of engines to test and the way Husqvarna was determining whether engine families were meeting the applicable emission standards. In all, EPA determined that Husqvarna submitted incomplete and inaccurate production line testing reports for 119 separate engine families.

Husqvarna is the largest manufacturer of handheld engines and equipment for the U.S. market. Husqvarna manufactures and tests its handheld lawn, garden and forestry equipment in Huskvarna, Sweden and Nashville, Arkansas, and its United States headquarters is located in Charlotte, North Carolina.

For more information, go to https://www.epa.gov/enforcement/husqvarna-ab-and-husqvarna-consumer-outdoor-products-na-inc-clean-air-act-settlement.

Please find the link to the Special Counsel’s Office Statement of Expenditures, May 17, 2017 to September 30, 2017 here.  This statement has also been provided to the Senate Committee on the Judiciary and the House Committee on the Judiciary.

As required by regulation, the Special Counsel, with the assistance of the Department’s Justice Management Division, developed a proposed budget, which was then reviewed and approved by the Deputy Attorney General. The Statement reflects the Special Counsel’s spending within the approved budget.  Consistent with past practice, the Statement showing actual spending is being made public today.

The Justice Management Division will conduct a similar review every six months. The next Statement of Expenditures will be released after March 31, 2018.

The Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced today that it has begun the process of promulgating a federal regulation interpreting the definition of “machinegun” under federal law to clarify whether certain bump stock devices fall within that definition.

"The Department of Justice has the duty to enforce our laws, protect our rights, and keep the American people safe," Attorney General Sessions said. "Possessing firearm parts that are used exclusively in converting a weapon into a machine gun is illegal, except for certain limited circumstances. Today we begin the process of determining whether or not bump stocks are covered by this prohibition. We will go through the regulatory process that is required by law and we will be attentive to input from the public. This Department is serious about firearms offenses, as shown by the dramatic increase in firearms prosecutions this year. The regulatory clarification we begin today will help us to continue to protect the American people by carrying out the laws duly enacted by our representatives in Congress."

ATF has taken the initial step in this regulatory process by drafting an Advanced Notice of Proposed Rulemaking (ANPRM) and submitting it to the Office of Management and Budget. The ANPRM will provide the public and industry the opportunity to submit formal comments to ATF about bump stocks to inform ATF’s decision regarding further steps in the rulemaking process. The federal rulemaking process follows procedures required by the Administrative Procedure Act (APA). ATF and the Department will proceed in accordance with this process as quickly as possible.

The National Firearms Act of 1934 (NFA) and Gun Control Act of 1968 (GCA) strictly regulate the possession and transfer of machineguns, making it unlawful for any person to possess a machinegun that was not lawfully possessed prior to the statute’s effective date. Manufacturers and inventors may voluntarily submit devices to ATF for a “classification,” that is, a determination as to whether the device is considered a firearm or machinegun under federal law.  If a device is not classified as a firearm or machinegun, it is deemed to be a part or accessory that is not subject to regulation by ATF.

A former procurement officer employed at Sandia Corporation, the prime operator of a federally funded nuclear research and development facility, pleaded guilty today to charges of wire fraud and money laundering for orchestrating a scheme to obtain approximately $2.3 million in federal funds through fraudulent means and for laundering fraudulently obtained proceeds through her father’s companies.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division made the announcement.

Carla Sena, 55, of Santa Rosa, New Mexico, pleaded guilty to one count of wire fraud and one count of money laundering before U.S. District Chief Judge M. Christina Armijo in the District of New Mexico.  Sentencing will be scheduled at a later date before Judge Armijo.

According to the plea documents, Sena’s employer, Sandia Corporation, managed and operated Sandia National Laboratories (SNL), a nuclear research and development facility owned by the federal government under sponsorship of the U.S. Department of Energy (DOE).  In late 2010, Sena managed the bidding process for the award of a multi-million-dollar contract for moving services at SNL.  Sena admitted that, in anticipation of the bidding process for this contract, she created the company, New Mexico Express Movers LLC (Movers LLC), to which she awarded the multi-million-dollar contract.  Sena prepared a bid on Movers LLC’s behalf containing fraudulent misrepresentations, and submitted the bid under the name of an individual who had no knowledge of Movers LLC to conceal her involvement.    Sena also admitted that she used her position of trust to access inside information and competing bidders’ documents that she leveraged to ensure award of the contract to Movers LLC. 

As a direct result of Sena’s fraudulent scheme, Movers LLC received approximately $2.3 million in federal funds between May 2011 and April 2016.  Sena also admitted that, between October 2011 and April 2015, she transferred via negotiated checks at least $643,000 of the fraudulently obtained proceeds to legitimate businesses owned by her father with the intent to conceal the source and control of those funds and her subsequent personal gain from the proceeds.

The DOE Office of Inspector General investigated the case.  Trial Attorneys Victor R. Salgado and Rebecca Moses of the Criminal Division’s Public Integrity Section are prosecuting the case.

The Justice Department announced today that J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a settlement with the department.  The payments, which JET distributed last week, are part of a Jan. 17, 2017, settlement that resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers, in violation of the Immigration and Nationality Act (INA).

In its investigation leading up to the settlement, the department found that from approximately January to June 2016, JET, which operates a restaurant  in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals, including lawful permanent residents, for dishwasher positions because of their citizenship status.  Instead, JET preferred to fill the positions with temporary foreign visa workers, according to the department’s investigation.  Under the INA, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status.  Individuals born in Saipan are U.S. citizens and its population includes work-authorized lawful permanent residents, asylees and refugees.

After the investigation was resolved through a settlement, the department’s Civil Rights Division and the United States Attorney Office for the District of Guam collaborated to identify individuals affected by the alleged discrimination.  The department determined that nine U.S. citizens were eligible to receive back pay, and the payments JET distributed to them last week exhausted the $40,000 back pay fund established under the agreement.  

“We are pleased that U.S. workers received back pay to compensate them for the discrimination they faced, and that JET has worked to improve its hiring practices,” said John M. Gore, Acting Assistant Attorney General of the Civil Rights Division.  “The Justice Department is committed to holding employers accountable when they place U.S. workers in a second class status.” 

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

In February 2017, IER launched its Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.  IER filed the first suit as part of the Initiative in October against a Loveland, Colorado, company for allegedly discriminating against U.S. workers.

To learn more about the 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 at www.justice.gov/crt/about/osc/webinars.php; email osccrt@usdoj.gov; or visit IER’s website at www.justice.gov/crt/about/osc.

Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.

WASHINGTON – The Justice Department announced today that J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a settlement with the department.  The payments, which JET distributed last week, are part of a Jan. 17, 2017, settlement that resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers, in violation of the Immigration and Nationality Act (INA).

          In its investigation leading up to the settlement, the department found that from approximately January to June 2016, JET, which operates a restaurant  in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals, including lawful permanent residents, for dishwasher positions because of their citizenship status.  Instead, JET preferred to fill the positions with temporary foreign visa workers, according to the department’s investigation.  Under the INA, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status.  Individuals born in Saipan are U.S. citizens and its population includes work-authorized lawful permanent residents, asylees and refugees.

          After the investigation was resolved through a settlement, the department’s Civil Rights Division and the United States Attorney Office for the District of Guam collaborated to identify individuals affected by the alleged discrimination.  The department determined that nine U.S. citizens were eligible to receive back pay, and the payments JET distributed to them last week exhausted the $40,000 back pay fund established under the agreement.  

          “We are pleased that U.S. workers received back pay to compensate them for the discrimination they faced, and that JET has worked to improve its hiring practices,” said John M. Gore, Acting Assistant Attorney General of the Civil Rights Division.  “The Justice Department is committed to holding employers accountable when they place U.S. workers in a second class status.” 

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

          In February 2017, IER launched its Protecting U.S. Workers Initiative, an initiative aimed at targeting, investigating, and bringing enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.  IER filed the first suit as part of the Initiative in October against a Loveland, Colorado, company for allegedly discriminating against U.S. workers.

          To learn more about the 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 at www.justice.gov/crt/about/osc/webinars.php; email osccrt@usdoj.gov; or visit IER’s website at www.justice.gov/crt/about/osc.

          Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.

The United States filed two civil injunction suits seeking to bar three siblings who prepare tax returns and their businesses from owning, operating, or franchising a tax return preparation business and preparing tax returns for others, the Justice Department announced today.  The United States filed one complaint against Herve Erilus of Cocoa, Florida, and his business, Herve Erilus LLC.  The government filed a second complaint against Gerline Erilus of Orlando, Florida and her two businesses, Gerline Erilus LLC and Elite Multi-Services LLC, and St. Fonie Erilus of Apopka, Florida and her two businesses, St. Fonie Erilus LLC and The Diversified Finance Solutions LLC.

The complaints, both filed in United States District Court in Florida, also request that the court require the Eriluses and their businesses to disgorge ill-gotten fees that they obtained from the U.S. Treasury through the alleged false tax return preparation.

According to the complaints, the Eriluses and their tax preparation businesses prepare and file tax returns to falsely increase their customers’ refunds, and profit through exorbitant, often undisclosed fees—at the expense of their customers and the Treasury.

The complaints allege that the Eriluses engage in misconduct, including:

• Falsely claiming the Earned Income Tax Credit
• Claiming improper filing status (i.e. head of household for married individuals)
• Fabricating businesses and related business income and expenses
• Fabricating deductions
• Charging deceptive and unconscionable fees 

According to the complaints, the Eriluses worked at LBS Tax Services, and their brother, Walner Gachette, through Loan Buy Sell Inc., is the former franchisor of LBS. Since September 2014, the United States has filed 17 lawsuits in Florida and North Carolina including a suit against Gachette and suits against dozens of alleged former LBS franchisees and managers, many of whom, according to the complaints, rebranded and continued to operate tax preparation businesses. Through these lawsuits, the United States has obtained numerous permanent injunctions and money judgments disgorging millions in ill-gotten tax preparation fees.

Return preparer fraud is one of the IRS's Dirty Dozen Tax Scams for 2017. The IRS has some tips on their website for choosing a tax preparer. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Two real estate investors were sentenced yesterday for their role in a conspiracy to rig bids at public foreclosure auctions in Northern California, the Department of Justice announced. 

Gregory Casorso and Javier Sanchez were charged on Nov. 19, 2014, in an indictment returned by a federal grand jury in the Northern District of California.  Casorso and Sanchez were convicted after trial on June 2, 2017, of conspiring to rig bids at foreclosure auctions in Alameda County, California.  Sanchez was also convicted of bid rigging in Contra Costa County, California.  Yesterday, Casorso was sentenced to serve 18 months in prison.  In addition to his term of imprisonment, Casorso was ordered to pay a criminal fine of $20,000.  Sanchez was sentenced to serve 21 months in prison.  Sanchez was also ordered to pay a criminal fine of $88,140.

“The Division remains committed to seeking appropriate sentences, including prison terms and criminal fines, for individuals—like the real estate investors sentenced yesterday—who have been convicted of antitrust crimes that thwart free market competition,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division.  “We offer our thanks to our law enforcement partners at the FBI for their valuable work on this investigation.”

The evidence at trial showed that Casorso and Sanchez conspired with others to rig bids for hundreds of properties sold at foreclosure auctions.  The conspirators designated the winning bidders to obtain selected properties at the public auctions and negotiated payoffs among themselves in return for not competing with one another.  They subsequently conducted private auctions among themselves at or near the courthouse steps where the public auctions were held, awarding the properties to the conspirators who submitted the highest bids in those private auctions.

When properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds paid to the homeowner. 

The sentence is a result of an ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda, and Contra Costa counties, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.

Associate Attorney General Rachel Brand traveled to Ottawa, Canada on Thursday, Nov. 30, to lead the U.S. delegation in the Trilateral Summit on Violence Against Indigenous Women and Girls.  This is the second meeting of the trilateral working group.  The first was hosted by the U.S. in 2016 and next year’s meeting will be in 2018, hosted by Mexico.

Associate Attorney General Brand met with Carolyn Bennett, Minister of Canada’s Crown-Indigenous and Northern Affairs and Ismerai Betanzos Ordaz, Indigenous Rights Coordinator, Mexican Commission on the Development of Indigenous Rights.

“Tackling the issue of violence against Indigenous women and girls in our region and in the U.S. is not only a matter of criminal justice, but a moral imperative,” said Associate Attorney General Brand.

During the event, the three countries agreed to continue to prioritize the discussions, committing to continue the dialogue in 2018. Government representatives, in partnership with Indigenous women from across North America, will participate in events during the upcoming year, in preparation for the next meeting, which will be hosted by Mexico in the fall of 2018.

Themes discussed at this meeting were the importance of meaningful consultation with indigenous women regarding solutions to violence; promising practices for improving criminal justice responses to violent crimes against Indigenous women and girls; and the need for rigorous data collection to understand the full extent of domestic and sexual violence and human trafficking in Indigenous communities.

To address this need for data, Associate Attorney General Brand has directed the Department’s National Institute of Justice to adapt an ongoing study on violence in Indian Country to add an inquiry about the prevalence rates of human trafficking of American Indian and Alaska Native women and girls.

Canada, Mexico and the United States of America were also pleased to welcome Indigenous women from their respective countries to attend the event as full partners in order to ensure that their voices were included in the discussions. Indigenous women shared their experiences and perspectives, contributing to the development of outcomes for the working group.

The Department of Justice remains committed to addressing violence against indigenous women and girls in all of its forms through aggressive law enforcement and programs that serve victims.  The Department is committed to working with our international partners to share information and develop capabilities to address cross-border crimes like sex and labor trafficking together.

Associate Attorney General Brand’s visit supports the Justice Department’s continuing efforts under the Task Force on Crime Reduction and Public Safety.

An Indianapolis, Indiana immigration attorney pleaded guilty today for defrauding the U.S. Citizenship and Immigration Services (USCIS) and more than 250 of his clients by filing false visa applications and reaping approximately $750,000 in fraudulent fees.

Attorney General Jeff Sessions, 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.

Indianapolis immigration attorney Joel Paul, 45, of Fishers, Indiana pleaded guilty before U.S. District Judge Jane E. Magnus-Stinson of the Southern District of Indiana to an information charging him with one count each of mail fraud, immigration document fraud, and aggravated identity theft in connection with a scheme to submit fraudulent U-visa applications.  Sentencing will be scheduled before Judge Magnus-Stinson in early 2018.

“Individuals who commit immigration fraud undermine and abuse our generous immigration system—a system that lawfully admits more immigrants than any other country in the world—and put our public safety and national security at risk,” said Attorney General Sessions.  “President Trump promised voters he would return this country to a lawful system of immigration, and this Justice Department is committed to fulfilling that promise by rooting out fraud and abuse. We will not tolerate fraud at any level, and will bring those who engage in fraud to justice.”

According to the 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.  Trial Attorneys Molly Gaston, Peter M. Nothstein, and Amanda Vaughn of the Criminal Division’s Public Integrity Section are prosecuting the case.

Individuals who believe they may have been victims of the scheme described above or who have information about this matter can contact the Department of Justice by phone at (202) 514-1412.

Jerry Lynn Gragg, 40, a former police officer with the Savanna Police Department in Pittsburg County, Oklahoma, pleaded guilty today in federal court in Muskogee, Oklahoma, to one count of violating the civil rights of a female whom he sexually assaulted during a routine traffic stop.

According to court documents, on Jan. 21, 2017, Gragg, while on-duty, stopped a vehicle during the early hours of the morning while it was still dark outside.  After approaching the vehicle, Gragg brought the female driver back to his marked patrol unit and directed her to sit in the front passenger seat.  Given the coercive power of Gragg’s position as a law enforcement offer, and the physical disparity in size between Gragg and the victim, she could not escape from the patrol car. Thereafter, Gragg caused the victim to perform a sexual act on him against her will.  Gragg admitted that he knew what he was doing was wrong and against the law, yet he did so anyway.  Gragg further admitted that his acts included aggravated sexual abuse, which under federal law, requires force or putting the victim in fear of bodily injury, kidnapping, or death.

“The Department of Justice will not tolerate law enforcement officers who exploit their authority to sexually abuse individuals in their custody, thinking their actions will go without consequence because of the power they wield,” said Acting Attorney General John M. Gore. “The Civil Rights Division will continue to vigorously prosecute these cases.”

"I commend the strength and courage exhibited by the victim of this heinous act to come forward and provide law enforcement with the information necessary to hold the Defendant accountable for violating his oath to protect and serve his community." said U.S. Attorney Brian Kuester.  "While the majority of law enforcement officers follow the laws they are sworn to uphold, this Office will continue to investigate and prosecute those who choose otherwise."

“This deliberate abuse of authority is a disgrace and embarrassment to all members of the law enforcement community,” said FBI’s Oklahoma City Division Special Agent in Charge Kathryn Peterson.  “There is an added sense of betrayal when a fellow law enforcement official preys on the citizens he has sworn to protect.”

The terms of the plea agreement require Gragg to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements.  A sentencing hearing has not been set.

This case is being investigated by the Oklahoma City Division of the FBI and the Oklahoma State Bureau of Investigation in cooperation with the Pittsburg County District Attorney’s Office and the Savanna Police Department.  It is being prosecuted by Assistant United States Attorney Shannon Henson of the Eastern District of Oklahoma and Special Litigation Counsel Fara Gold of the Civil Rights Division of the U.S. Department of Justice.

A former U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Special Agent pleaded guilty today to accepting bribes in exchange for securing the dismissal of a drug trafficking indictment filed against a Colombian cocaine trafficker, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.

According to admissions in his plea agreement, Christopher V. Ciccione II, 52, of Phoenixville, Pennsylvania, accepted cash and other things of value and used his official position to cause a drug trafficking indictment against Colombian national Jose Bayron Piedrahita Ceballos to be dismissed and to obtain official authorization for Piedrahita and his family to enter the United States.  Piedrahita and Colombian national Juan Carlos Velasco Cano, 49, gave Ciccione approximately $20,000 in cash, as well as dinner, drinks and prostitution during an extended hotel stay in Bogota, Colombia, in exchange for official acts that resulted in the dismissal of the indictment against Piedrahita.  Velasco, who previously pleaded guilty, served as the intermediary between Ciccione and Piedrahita. 

Ciccione admitted that in furtherance of this scheme to obstruct justice, he misled the U.S. Attorney’s Office and HSI management and altered law enforcement records to represent to decision makers that Piedrahita was a “former” suspect of a closed investigation, rather than a “current” subject, who was “never positively identified” and that his case should be dismissed— all while maintaining contact with Piedrahita.  Ciccone also falsified the concurrence of several other federal agents and attempted to parole Piedrahita into the United States.

Ciccione will be sentenced on Feb. 9, 2018, before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida.  Piedrahita is currently incarcerated in the Republic of Colombia. 

The U.S. Department of the Treasury’s Office of Foreign Assets Control designated Piedrahita as a Specially Designated Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin Designation Act on May 3, 2016.

ICE’s Office of Professional Responsibility, Department of Homeland Security’s Office of Inspector General and the FBI investigated the case.  The Criminal Division’s Office of International Affairs, the Office of the Judicial Attaché in Colombia and the Drug Enforcement Administration provided valuable assistance to the investigation.  The Colombian Attorney General’s Office also provided invaluable support.  Trial Attorneys Luke Cass and Jennifer A. Clarke of the Criminal Division’s Public Integrity Section are prosecuting the case.

A former Kansas bank executive was charged in an indictment filed today for his participation in a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks based on allegedly false information contained in the loan documents.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge David Anderson of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Karl A. Stiften of the Internal Revenue Service Criminal Investigation’s (IRS-CI) St. Louis Field Office, Special Agent in Charge Darrin E. Jones of the FBI’s Kansas City Field Office and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.

Troy A. Gregory, 50, of Lawrence, Kansas, was charged in an indictment filed in the District of Kansas with one count of conspiracy to commit bank fraud, four counts of bank fraud, and two counts of false statements.  

According to the indictment, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans.  The indictment alleges that beginning in approximately late 2007, Gregory began the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers.  The indictment further alleges that Gregory’s bank shared this loan with 25 other Kansas banks.  Gregory allegedly made or caused others to make false statements to the banks about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved.  Instead of using the loan funds promised for building the apartments, Gregory allegedly immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property and make payments on unrelated loans.  Other Kansas banks that shared in this loan allegedly would not have participated in the loan without the false representations and promises.

The indictment alleges that the banks ultimately wrote off millions of dollars on the $15.2 million construction loan.

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

The FDIC-OIG, IRS-CI, FBI and FHFA-OIG are investigating this matter.  Trial Attorney Andrew R. Tyler and Senior Litigation Counsel David A. Bybee of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country, focusing on cases of national significance and international scope.  Fraud Section prosecutors have vast experience in investigating and prosecuting securities and financial fraud, health care fraud and foreign corruption.  The Section is routinely the national leader in large, sophisticated white collar investigations and prosecutions, frequently in partnership with U.S. Attorneys’ Offices and in coordination with foreign law enforcement agencies.

“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm. The Department of Justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

Un abogado de inmigración de Indianápolis, Indiana se declaró culpable de estafar al Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS) y a más de 250 de sus clientes al presentar solicitudes de visa falsas y percibir aproximadamente $750,000 en honorarios fraudulentos.

El Fiscal General Jeff Sessions, El Fiscal General Auxiliar en funciones, Lic. John P. Cronan de la División Penal del Departamento de Justicia, y el agente especial encargado del caso, James M. Gibbons de la Oficina de Investigaciones del Servicio de Inmigración y Control de Aduanas de los Estados Unidos (ICE-HSI) en Chicago, hicieron el anuncio.

El abogado de inmigración de Indianápolis, el Lic. Joel Paul, de 45 años de edad, con domicilio en Fishers, Indiana se declaró culpable ante la Jueza de Distrito de los Estados Unidos Jane E. Magnus-Stinson del Distrito Sur de Indiana en respuesta a una querella en la que se le imputa un cargo de fraude por correo, un cargo de fraude de documentos de inmigración y un cargo de robo de identidad con agravantes en relación con un esquema para presentar las solicitudes de visa U fraudulentas. La imposición de la condena ha sido programada para principios de 2018 ante la Jueza de Distrito de los Estados Unidos Magnus-Stinson.

“Las personas que cometen fraude de inmigración socavan y abusan de nuestro sistema generoso de migración—un sistema que admite legalmente más inmigrantes que ningún otro país del mundo—y ponen en peligro nuestra seguridad pública y seguridad nacional”, dijo el Fiscal General Jeff Sessions. “El Presidente Trump les prometió a los votantes que encaminaría de nuevo a este país hacia un sistema lícito de inmigración, y este Departamento de Justicia se compromete a cumplir con esta promesa al acabar con el fraude y los abusos. No toleraremos el fraude a ningún nivel, y haremos responder ante la justicia a los que realizan actos de fraude.”

Conforme al acuerdo de declaración de culpabilidad, el Lic. Paul admitió que desde el año 2013 hasta el 2017, él presentó más de 250 solicitudes falsas de Permiso Anticipado para Ingresar como no Inmigrante en nombre de sus clientes y sin contar con el conocimiento de los mismos.  Dichas solicitudes indicaban falsamente que los clientes del Lic. Paul habían sido víctimas de un delito y que habían proporcionado asistencia sustancial a las autoridades del orden público en la investigación del delito.  Con aproximadamente 200 de las solicitudes falsas, el Lic. Paul presentó copias no autorizadas de una certificación que él había obtenido de la Fiscalía de los EE. UU. (USAO) para el Distrito Sur de Indiana en 2013, usando dicha certificación sin el conocimiento de la USAO para afirmar falsamente que el solicitante había proporcionado asistencia sustancial en un procesamiento penal.  En total, el Lic. Paul les cobró a sus clientes aproximadamente $3,000 por solicitud.

La HSI investigó el caso y los abogados de litigios, Lic. Molly Gaston, Lic. Peter M. Nothstein y Lic. Amanda Vaughn de la Sección de Integridad Pública de la División Penal del Departamento de Justicia están procesando el caso. 

Las personas que crean que hayan sido víctimas de estos delitos o que tengan información sobre estos delitos pueden contactar al Departamento de Justicia llamando al (202) 514-1412.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmie John Likowski, age 49, of Hitchita, Oklahoma, was sentenced to 46 months imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The Indictment alleged that on or about May 21, 2017, within the Eastern District of Oklahoma, the defendant, Jimmie John Likowski, a/k/a Jimmy John Likowski, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Okmulgee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

United States Attorney Brian J. Kuester said, “This office is committed to working with our federal, state, local and tribal partners to protect the public from violent offenders. Enforcement of the federal laws that prohibit convicted felons from possession of firearms is one way that we are able to protect the public. I am thankful for the work of the Okmulgee County Sheriff’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and members of the United States Attorney’s Office, for their work on this case and their commitment to public safety.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney John David Luton represented the United States.

Eight members and one associate of the Cowboys gang, a violent street gang that originated in “Eastside” area of Walterboro, South Carolina, were sentenced this week in federal court in Charleston, South Carolina.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon Jr. of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Chief Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.

U.S. District Court Judge David C. Norton sentenced Khiry Broughton, aka KBlacka, to 108 months in prison; Clyde Naquan Hampton, aka One Loyal Shooter, to 151 months in prison; Zaquann Ernest Hampton, aka TOB, to 84 months in prison; Matthew Rashaun Jones, aka Boogie Mac, to 151 months in prison; Bryant Jameek Davis, aka Savo, to time served; Christopher Sean Brown, aka Roughish, to 108 in prison; William Lamont Cox, aka Wataz, to time served; and Quintin Fishburne to time served.  All were sentenced to three years of supervised release as well.

Khiry Broughton, Clyde Naquan Hampton, Matthew Rashuan Jones, and William Lamont Cox were each convicted of RICO conspiracy.  Bryant Jameek Davis, Quintin Fishburne, Zaquann Ernest Hampton and Christopher Sean Brown were each convicted of attempted murder in aid of racketeering

Clyde Naquann Hampton and Zaquann Ernest Hampton are from Summerville, South Carolina.  Matthew Rashaun Jones is from Cottageville, South Carolina.  Khiry Broughton, Bryant Jameek Davis, Quintin Fishburne, and Christopher Sean Brown are from Walterboro, South Carolina, and William Lamont Cox is from Round O, South Carolina.

According to the respective Plea Agreements, all eight defendants were members/associates of the Cowboys gang, a violent street gang that originated in “Eastside” area of Walterboro, South Carolina.  Members of the Cowboys show their allegiance by wearing red, white, and blue clothing, and carrying rags in these colors, including depictions of the American flag.  Further, members of the Cowboys greet each other and show their membership in the gang using a set of hand-signs intended to evoke the shape of a “b.”  This hand sign also shows an affiliation with the “Bloods” gang.  Members of the Cowboys also show allegiance to the gang by having the words “Cowboy(s)” or “GMC” tattooed to some part of their body.  The Cowboys gang was also, for a time, aligned with another violent street gang called the “Wildboys,” that originated out of the Green Pond area of Walterboro, South Carolina.  In addition to sharing a common interest in posting threats, firearms, large amounts of cash, and what purported to be narcotics on Facebook and YouTube, Cowboys and Wildboys shared common enemies.  These shared interests resulted in shootings, aimed at rival gang members, which left innocent by-standers seriously injured.

According to his Plea Agreement, Khiry Broughton was sentenced for his role as leader of the Cowboys.  In addition, Broughton and Fishburne were sentenced for their roles in a Nov. 6, 2015 attempted murder.  Broughton, along with co-defendants Dashawn Brown and Quintin Fishburne, attended a drag race outside of Walterboro.  After bets were placed, Broughton questioned the results of the race and demanded the winnings, which were held by one of the race drivers.  Broughton decided to rob the winner of the race and in so doing retrieved a backpack containing firearms from Fishburne’s vehicle.  Broughton provided the firearms to members of the Cowboys.  After the winner refused to provide the money, the winner and another innocent bystander were shot and severely injured.  After the shooting occurred, Fishburne, who transported Broughton and Brown to the race, drove Broughton and Brown from the scene to avoid apprehension by the police.

Clyde Naquan Hampton was sentenced for his role in a July 6, 2010 shooting aimed at individuals Hampton believed disrespected him.  After throwing up the “b” sign and shouting allegiance to the Cowboys, Hampton fired several shots toward the victims.  Hampton was also sentenced for his role in a July 12, 2010 shooting aimed at a rival gang member.  After the shooting occurred, shell casings were recovered from the scene and analyzed.  Analysis confirmed that the firearm Hampton used was the same as that used in the July 6, 2010 shooting. Hampton was also sentenced for his role in the May 30, 2013 drive-by shooting aimed at rival gang members.  Hampton was the driver of this vehicle while two other members of the Cowboys, Matthew Rashuan Jones and Christopher Sean Brown, fired multiple shots at the residence where they believed rival gang members allegedly lived.

Matthew Rashaun Jones was sentenced for his role in a May 12, 2011 drive-by shooting aimed at an individual he believed was a member of a rival gang.  Jones, a passenger in the vehicle, along with Dashawn Trevell Brown, fired multiple shots at the individual.  Jones was also sentenced for his role in a May 30, 2013 drive-by shooting aimed at rival gang members. While riding in a vehicle driven by Clyde Naquann Hampton, Jones and Christopher Sean Brown fired multiple shots at the residence.

Bryant Jameek Davis was sentenced for his role in a Sept. 28, 2014 shooting in Walterboro, South Carolina.  Davis exchanged words with an individual believed to be a member of a rival gang.  After exchanging words with the individual and while possessing a firearm, Bryant fired at least two shots at the victim, striking him in the neck and clavicle resulting in serious bodily injury.

William Lamont Cox was sentenced for his role in the distribution of various amounts of controlled substances, namely crack cocaine, from July 30, 2015 to Oct. 15, 2015.  Cox used members of the Cowboys to assist in protecting and selling the narcotics.

Zaquann Ernest Hampton was sentenced for his role in the Oct. 28, 2012 robbery that resulted in a shooting of the victim.  Hampton, and other associates of the Cowboys gang, placed an order of marijuana from the victim. When the victim arrived, Hampton and his associates, tried to rob the victim, and in so doing, brandished and discharged a firearm that resulted in serious bodily injury.

Christopher Sean Brown was sentenced for his role in the May 30, 2013 drive-by shooting aimed at members of a rival gang.  Brown, and Jones, who were passengers in a vehicle driven by Clyde Naquann Hampton, fired multiple shots in the residence they believed was occupied by members of the rival gang.

As part of the sentence, Khiry Broughton, Clyde Naquann Hampton, Matthew Rashaun Jones, and William Lamont Cox were ordered to serve a term of three years of supervised release and to pay the costs of medical care for the victims who received medical care as a result of the injuries.  Zaquann Ernest Hampton, Bryant Jameek Davis, Quintin Fishburne, and Christopher Sean Brown were ordered to serve a term of three years of supervised release and pay the costs of medical care for those victims injured as a result of the crime.

Dashawn Trevell Brown, a member of the Cowboys, who pleaded guilty to RICO conspiracy, is scheduled to be sentenced on Dec. 15.

The case was investigated by the ATF, Charleston, South Carolina, in partnership with the Walterboro Police Department; Colleton County Sheriff’s Office; Charleston County Sheriff’s Office; Dorchester County Sheriff’s Office; Summerville Police Department; Fourteenth Judicial Circuit Solicitor’s Office; First Judicial Circuit Solicitor’s Office; South Carolina Department of Probation, Parole and Pardon Services; and the South Carolina Law Enforcement Division.

The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section from Washington, D.C. and Special Assistant U.S. Attorney Tameaka A. Legette from the Fourteenth Judicial Circuit Solicitor’s Office, Bluffton, South Carolina.

Continuing to follow President Trump’s strong leadership on combatting the deadly opioid crisis, Attorney General Sessions today announced new resources and stepped up efforts to address the drug and opioid crisis.

Joined by Acting DEA Administrator Robert Patterson, Attorney General Sessions announced the following efforts during a press conference at the Department of Justice: over $12 million in grant funding to assist law enforcement in combating illegal manufacturing and distribution of methamphetamine, heroin, and prescription opioids; the establishment of a new DEA Field Division in Louisville, Kentucky, which will include Kentucky, Tennessee, and West Virginia, a move meant to better align DEA enforcement efforts within the Appalachian mountain region; and a directive to all U.S. Attorneys to designate an Opioid Coordinator to work closely with prosecutors, and with other federal, state, tribal, and local law enforcement to coordinate and optimize federal opioid prosecutions in every district.

“Today we are facing the worst drug crisis in American history, with one American dying of a drug overdose every nine minutes,” said Attorney General Jeff Sessions.  “That’s why, under President Trump’s strong leadership, the Department of Justice has been taking action to make our drug law enforcement efforts more effective. Today we announce three new initiatives to do just that.  First, we will invest $12 million in funding for our state and local law enforcement partners to take heroin and methamphetamine off of our streets. Second, we will restructure DEA's Field Divisions for the first time in nearly 20 years. Third, we will require all of our federal prosecutors' offices to designate an Opioid Coordinator who will customize our anti-opioid strategy in every district in America. These steps will make our law enforcement efforts smarter and more effective—and ultimately they will save American lives."

“DEA continually looks for ways to improve operations and interagency cooperation and more efficiently leverage resources,” said Acting DEA Administrator Robert W. Patterson. “By creating a new division in the region, this restructuring places DEA in lockstep with our partners in the area to do just that. This change will produce more effective investigations on heroin, fentanyl, and prescription opioid trafficking, all of which have a significant impact on the region.”

COPS Anti-Heroin Task Force Grants and Anti-Meth Program

The Community Oriented Policing Services (COPS) Office is awarding a total of $7.19 million in FY 2017 funding through the Anti-Heroin Task Force Program (AHTF).  AHTF provides two years of funding directly to law enforcement agencies in states with high per capita levels of primary treatment admissions for heroin and other opioids. This funding will support the location or investigation of illicit activities related to the distribution of heroin or the unlawful distribution of prescription opioids.

The COPS Office will also award a total of $5.03 million in FY 2017 funding through the COPS Anti-Methamphetamine Program (CAMP).  The state agencies receiving funding today have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies will be awarded two years of funding through CAMP to support the investigation of illicit activities related to the manufacture and distribution of methamphetamine.

The complete list of Anti-Heroin Task Force Program (AHTF) award recipients, including funding amounts, can be found here.

The complete list of COPS Anti-Methamphetamine Program (CAMP) award recipients, including funding amounts, can be found here.

Establishment of DEA Louisville Field Division

The DEA will establish the Louisville Field Division – its 22nd division office in the United States – on Jan. 1, 2018.  It will include Kentucky, Tennessee, and West Virginia.  This action converts the existing Louisville District Office into a field division in an effort to enhance DEA enforcement efforts within the Appalachian mountain region and unify drug trafficking investigations under a single Special Agent in Charge.  DEA anticipates that this change will produce more effective investigations on heroin, fentanyl and prescription opioid trafficking, all of which have a significant impact on the region.  The division will also better align DEA with the U.S. Attorney’s Office districts in those areas, similar to current ATF and FBI offices, and also to the Appalachia High Intensity Drug Trafficking Areas (HIDTA) Program.

The Louisville Division will be led by Special Agent in Charge D. Christopher Evans, who comes from the Detroit Field Division where he served as Associate Special Agent in Charge.

Designation of Opioid Coordinators

Every U.S. Attorney will designate an Opioid Coordinator by the close of business on Dec. 15, 2017. Each USAO Opioid Coordinator will be responsible for facilitating intake of cases involving prescription opioids, heroin, and fentanyl;  convening a task force of federal, state, local, and tribal law enforcement to identify opioid cases for federal prosecution, facilitate interdiction efforts, and tailor their district’s response to the needs of the community it serves; providing legal advice and training to AUSAs regarding the prosecution of opioid offenses; maintaining statistics on the opioid prosecutions in  the district; and developing and continually evaluating the effectiveness of the office’s strategy to combat the opioid epidemic.

The Attorney General’s memo to United States Attorneys can be viewed here.

WASHINGTON, D.C. – Attorney General Jeff Sessions has appointed one interim U.S. Trustee and five Acting U.S. Trustees to cover six U.S. Trustee Program (USTP or Program) regions, the Executive Office for U.S. Trustees (EOUST) announced today. The effective date of each appointment correlates with the upcoming retirements of Judy A. Robbins, U.S. Trustee for Regions 4 and 7, and Guy G. Gebhardt, Acting U.S. Trustee for Region 21, and the detail of Gail B. Geiger, Acting U.S. Trustee for Region 18, to a leadership position in the EOUST.

Region 4 – District of Columbia, Maryland, South Carolina, Virginia, and West Virginia: John P. Fitzgerald III is appointed as the Acting U.S. Trustee for Region 4 effective Jan. 1, 2018. Mr. Fitzgerald is the Assistant U.S. Trustee in the Boston office of the USTP. Region 4 is headquartered in Columbia, South Carolina, with additional offices in Baltimore and Greenbelt, Maryland; Alexandria, Norfolk, Richmond, and Roanoke, Virginia; and Charleston, West Virginia.

Region 5 – Louisiana and Mississippi: David W. Asbach is appointed as the Acting U.S. Trustee for Region 5 effective Jan. 1, 2018. Mr. Asbach is the Assistant U.S. Trustee in the Milwaukee office of the USTP. Region 5 is headquartered in New Orleans with additional offices in Shreveport, Louisiana, and Jackson, Mississippi.

Region 7 – Southern and Western Districts of Texas: Henry G. Hobbs, Jr., is appointed as the Acting U.S. Trustee for Region 7 effective Jan. 1, 2018. Mr. Hobbs is the Assistant U.S. Trustee in the USTP’s office in Austin, Texas, and has served as the Acting U.S. Trustee for Region 5 since January 2011. Region 7 is headquartered in Houston with additional offices in Austin, Corpus Christi, and San Antonio, Texas.

Region 12 – Iowa, Minnesota, North Dakota, and South Dakota: James L. Snyder is appointed as the Acting U.S. Trustee for Region 12 effective Jan. 7, 2018. Mr. Snyder is the Assistant U.S. Trustee in the Program’s Des Moines, Iowa, office. Region 12 is headquartered in Cedar Rapids, Iowa, with additional offices in Des Moines; Minneapolis, Minnesota; and Sioux Falls, South Dakota.

Region 18 – Alaska, Idaho, Montana, Oregon, and Washington: Gregory M. Garvin is appointed as the Acting U.S. Trustee for Region 18 effective Dec. 23, 2017. Mr. Garvin is the Assistant U.S. Trustee in the USTP’s Denver office. Region 18 is headquartered in Seattle with additional offices in Anchorage, Alaska; Boise, Idaho; Great Falls, Montana; Eugene and Portland, Oregon; and Spokane, Washington.

Region 21 – Florida, Georgia, Puerto Rico, and the U.S. Virgin Islands: Daniel M. McDermott is appointed as the interim U.S. Trustee for Region 21 effective Jan. 7, 2018. Mr. McDermott also will continue as U.S. Trustee for Region 9 (Michigan and Ohio), where he has served since his appointment in July 2008. Region 21 is headquartered in Atlanta with additional offices in Miami, Orlando, Tallahassee, and Tampa, Florida; Macon and Savannah, Georgia; and San Juan, Puerto Rico.

“On behalf of the U.S. Trustee Program, I extend my deepest gratitude to Ms. Robbins and Mr. Gebhardt for their immeasurable contributions to federal service throughout their 34- and 28-year careers in government, respectively,” said USTP Director Cliff White. “I also am extremely appreciative of our dedicated colleagues who have so graciously agreed to take on additional duties. Their wealth of experience and knowledge will allow the Program to move forward seamlessly in carrying out our important mission.”

The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 92 field office locations.

The United States has asked a federal court in Miami, Florida, to permanently bar Simon Accounting & Tax Services LLC, and three of its preparers, Vilbrun Simon, Saintanise Agenord, and Wilcienne Pierre, from preparing federal income tax returns for others, the Justice Department announced today.  According to the government complaint, Simon, his wife, Agenord, and his niece, Pierre, prepare returns that seek fraudulent tax refunds by fabricating business income, claiming false itemized deductions, and claiming various tax credits to which their customers are not entitled.

The government complaint alleges that Simon, Agenord, and Pierre prepare returns that fabricate business income to increase the customers’ Earned Income Tax Credit.  The complaint also alleges that Simon and the others inflate education expenses on their customers’ returns to claim education credits that their customers are not entitled to receive. Additionally, the complaint alleges that Simon, Agenord, and Pierre fabricate deductions to reduce the taxable income their customers report and increase their customers’ refunds.  Altogether, the government complaint alleges that Simon’s and the others’ activities may have caused the United States to lose millions of dollars in understated taxes and fraudulent refunds.   

Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2017 and taxpayers seeking a return preparer should remain vigilant.  The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. 

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers.  Information about these cases is available on the Justice Department’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.

The Justice Department today filed a lawsuit alleging that the City of Springfield, Illinois, has discriminated against persons with disabilities in violation of the Fair Housing Act.  The lawsuit, filed in the U.S. District Court for the Central District of Illinois, alleges that Springfield’s zoning code treats small group homes for persons with disabilities less favorably than similarly-situated housing for people without disabilities.  The department’s complaint further alleges that, even if the zoning code were valid, Springfield violated the Fair Housing Act by failing to grant an exception that would allow a three-person group home for individuals with disabilities to continue operating in a residential neighborhood.

“The Fair Housing Act prohibits cities from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division.  “We will continue to vigorously enforce the Fair Housing Act’s prohibition on such discrimination.”

This case arose when the City of Springfield attempted to close a home with three residents with intellectual and physical disabilities because the home violated a 600-foot spacing requirement that applies to community residences for persons with disabilities. That spacing requirement does not apply to homes for up to five unrelated persons without disabilities.  The small group home allowed two of the residents to move out of large institutions and live in an integrated community setting.  

The lawsuit seeks a court order prohibiting Springfield from enforcing the spacing requirement against this home or similarly-situated homes for persons with disabilities elsewhere in the city.  The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty.  A related case challenging Springfield’s spacing requirement was filed by the home’s service provider and one resident.  The court in that case, A.D. ex rel. Valencia v. City of Springfield, issued a preliminary injunction against Springfield on Aug. 2, 2017.  That ruling is now on appeal to the U.S. Court of Appeals for the Seventh Circuit.

The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status.  More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.  Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov, or contact the Department of Housing and Urban Development at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.  

The complaint is an allegation of unlawful conduct.  The allegations must still be proven in federal court.

          SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that defendant JOSHUA J.C. ULLOA, age 40, from Barrigada, Guam, was sentenced in the District Court of Guam to a 110-month term of imprisonment for Conspiracy to Possess with Intent to Distribute Methamphetamine.  The Court also ordered an additional 24 months imprisonment for violating terms of supervised release in a separate federal case.  The 24-month sentence will be served consecutive to the 110 months for a total of 11 years in prison.   The Court also ordered ULLOA to serve three years of supervised release following his terms of imprisonment.  Additionally, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

          On March 13, 2017, defendant ULLOA was charged with Conspiracy to Possess with Intent to Distribute Methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1).  During July 2016, ULLOA received a mail package that had contained approximately 1,300 grams of methamphetamine.  ULLOA was confronted by federal agents at his residence and gave the agents the package.  A search of the residence revealed other evidence, including $30,920 in U.S. currency.  The money was seized as proceeds of drug trafficking activity and administratively forfeited to the United States.  ULLOA engaged in this conduct while serving a term of supervised release for a prior federal conviction in Guam.  Further investigation revealed that ULLOA conspired with others to distribute drugs.  His prosecution was also linked to other co-conspirators operating out of the Guam Department of Corrections prison facility.

          The investigation was conducted by the U.S. Postal Service Inspector and the Drug Enforcement Administration.  The case was prosecuted by Frederick A. Black and Rosetta San Nicolas, Assistant U.S. Attorneys.

          SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Hong Mei Xu was sentenced in the District Court of the Northern Mariana Islands to 12 months and one day in prison for operating an unlicensed money transmitting business, in violation of 18 U.S.C. § 1960(b)(1)(B).  The Defendant was indicted by a federal grand jury on August 5, 2016, and pled guilty on December 9, 2016.  

          Ms. Xu managed an unlicensed money transmitting business on the island of Tinian.  The business operated under the pretense of being a jewelry store.  Customers would enter the store and purportedly buy jewelry with their UnionPay International credit card.  In reality, the customers would not receive any merchandise, only a receipt, which they would redeem for cash, minus Xu’s 5% commission.  Customers then used the cash to gamble at the Tinian Dynasty Hotel and Casino.  The purchase transactions were transmitted to UnionPay International Bank, allowing the customers to avoid China’s strict capital flight restrictions.  During the federal investigation, agents executed a search warrant at the store in an effort to obtain financial transaction records.  Agents discovered merchant card transaction slips totaling $501,800.11 for the period of November 22, 2014, through August 3, 2015.  Ms. Xu later disclosed to agents that the business was not licensed as a money transmitting business and that she would run customers’ credit cards in exchange for U.S. currency.

          Acting U.S. Attorney Anderson stated, “federal law requires certain money services businesses (MSBs) to register with the Financial Crimes Enforcement Network (FinCEN).  Registration enables the government to monitor and enforce compliance with financial regulations.  These regulations are important to deterring money laundering and terrorist financing, within our homeland and abroad.  Our office will continue to pursue criminal prosecutions and civil monetary penalties against those who fail to register as MSBs and choose to operate in the shadows of our financial system.  Additional guidance can be found at www.fincen.gov.”

          Special Agents from the Internal Revenue Service conducted the investigation.  Assistant United States Attorneys Russell Lorfing and James Benedetto prosecuted the case.

Several of America’s major cigarette manufacturers will begin issuing court-ordered “corrective statements” in major daily newspapers and on television beginning Friday, November 24, 2017. The statements will clarify for the public the effects of tobacco use and will appear in full-page print ads in the editions of more than 50 newspapers, including the Wall Street Journal, USA Today, New York Times, and Washington Post over four months.  The same statements will also appear in television markets across the country beginning the following week for the next year. 

Following a nine-month civil racketeering trial, the U.S. District Court for the District of Columbia ordered the tobacco companies, including Altria, its Philip Morris USA subsidiary, and R.J. Reynolds Tobacco, to issue the corrective statements as part of a permanent injunction in 2006 designed to “prevent and restrain” further deception of the American people regarding tobacco use. Multiple appeals following the 2006 permanent injunction delayed issuance of the statements until now.

In its 2006 permanent injunction, the district court found that “Defendants lied, misrepresented, and deceived the American public,” on a host of topics. These topics included:

• Fraudulently distorting and minimizing the health effects of smoking;
• Falsely denying and minimizing the addictiveness of smoking and nicotine;
• Designing cigarettes to create addiction; 
• Fraudulently presenting light/low-tar cigarettes as less dangerous;
• Falsely denying marketing to youth; and
• Falsely denying the hazards of secondhand smoke.

The court concluded that, absent court action, the tobacco companies were “reasonably likely” to continue engaging in this behavior and imposed a permanent injunction to prevent future violations. Among other things, this injunction requires the tobacco companies to issue these “corrective statements” in multiple mediums: newspaper, television, company websites, and package “onserts.” Another placement for the statements, at retail point-of-sale, was set aside on appeal by the D.C. Circuit, and whether to reinstate it remains pending before the district court.

Numerous Justice Department attorneys have played a role in this case over the years.  In the most recent phase of the litigation, the United States was represented by Trial Attorneys Daniel K. Crane-Hirsch and John (Josh) Burke of the Justice Department’s Consumer Protection Branch; Linda McMahon of the Commercial Litigation Branch; and Melissa Patterson, Alisa Klein, Mark Stern, and Lewis Yelin of the Civil Appellate Staff.

Six public health organizations – the American Cancer Society, American Heart Association, American Lung Association, Americans for Nonsmokers’ Rights, National African American Tobacco Prevention Network and the Tobacco-Free Kids Action Fund – joined the Department of Justice case as intervenors in 2005.

Dwight Hamilton, a former correctional officer at the DeKalb County Jail, pleaded guilty on Monday to abusing a female inmate by tasing her without any legitimate justification.  Leonard Dreyer, Mr. Hamilton’s former supervisor at the DeKalb County Jail, previously pleaded guilty to attempting to obstruct the federal investigation into Mr. Hamilton’s use of excessive force by making false statements to an FBI agent.

According to the charges and other information presented in court, Dwight Hamilton worked as a sergeant at the DeKalb County Jail, and on November 1, 2011, he responded to the medical floor of the jail when a female inmate, T.P., asked to speak to a supervisor because her family visitation had been unexpectedly cancelled.  Rather than explain the situation, Hamilton tased T.P. until she defecated on herself.  Hamilton, who had been trained on proper taser usage, admitted he knew that what he was doing was wrong and continued anyway. As a result of the tasing, Inmate T. P. suffered permanent taser burns to her breast.

“Any correctional officer who violates an individual’s right to due process and protection from unreasonable force will be held accountable under the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department of Justice will continue to work to ensure that the civil rights of all individuals will be protected.”

“Officers who have sworn to maintain security and protect the inmates inside our county jails have a difficult job but despite challenges, most do their work in a professional manner,” said U.S. Attorney Byung J. “BJay” Pak.  “However, Hamilton ignored that oath and unlawfully punished an inmate by inflicting severe pain and causing a permanent injury.  Hamilton’s conduct was clearly a violation of the inmate’s constitutional rights that warranted this criminal prosecution.”

“Monday’s guilty plea in federal court will clearly begin the process of holding former Dekalb County Corrections Officer Hamilton responsible for his criminal conduct involving the tasing of a female inmate,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “The FBI continues to play a significant role in investigating credible allegations of law enforcement misconduct, to include those occurring within a correctional facility, and presenting them, when appropriate, for federal prosecution as was the case with Mr. Hamilton.”

Dwight Hamilton, 53, of Atlanta, Georgia, will be sentenced by U.S. District Court Judge Timothy C. Batten on February 8, 2018.

This case was investigated by the Atlanta Division of the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Brent Alan Gray of the Northern District of Georgia, and Trial Attorney Christopher Perras of the Civil Rights Division.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Gregory McLeod, 44, of Atlanta, Georgia, a former correctional officer with the rank of lieutenant at the U. S. Penitentiary in Atlanta, pleaded guilty today to abusing an inmate by punching him in his face without any justification.  McLeod also admitted that he intentionally obstructed a federal investigation into the matter by writing a false incident report.

“A correctional officer should never resort to violence or violate an inmate’s constitutional right to protection from unreasonable force, no matter the circumstance,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Department of Justice will not tolerate any abuse of an individual’s civil rights under the law, or any effort to obstruct justice.”

“Working in a correctional facility is stressful and often dangerous work,” said U.S. Attorney Byung J. “BJay” Pak.  “However, McLeod made an unnecessary and unconstitutional assault on an inmate, and then filed a false report to cover it up.  An abuse of the power by any law enforcement officer is unacceptable.”

“No correctional officer is above the law,” said James F. Boyersmith, Assistant Special Agent-in-Charge of the Department of Justice (DOJ) Office of the Inspector General’s (OIG) Miami Field Office.  “The DOJ OIG takes allegations of civil rights violations and false statements very seriously.  We appreciate the diligent efforts of our fellow law enforcement partners that assisted us in investigating this matter.”

“This guilty plea of former U.S. Bureau of Prisons Lieutenant McLeod was triggered by key and credible allegations of inmate abuse by prison staff,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “While the FBI would like to remind the public that the vast majority of those working within our nation’s correctional facilities consistently conduct themselves admirably under often harsh conditions, the FBI does have a duty to investigate and present for prosecution those corrections officers or staff members who abuse their authority and positions.”

According to the charging and court documents, McLeod, who worked as a supervisor at the prison, strip-searched an inmate in the lieutenants’ office in front of three other correctional officers.  McLeod admitted that after the inmate complained that the strip-search was taking too long, he punched the inmate in his face without justification. McLeod also admitted that after the assault, he wrote an incident report and a separate memorandum about the encounter in which McLeod falsely claimed that the inmate swung a closed fist at him and attempted to assault other officers before the inmate was restrained. 

Sentencing for McLeod will be on February 20, 2018, before U.S. District Court Judge Steve C. Jones.

This case was investigated by the Department of Justice Office of the Inspector General and Atlanta Division of the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Brent Alan Gray and Trial Attorney Mary J. Hahn of the Civil Rights Division.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga

Today, Attorney General Jeff Sessions issued a memo to the FBI and ATF directing them to look at several issues as it relates to reporting information to the National Instant Criminal Background Check System. The memo directs the FBI and ATF to take the following steps:

1. Work with the Department of Defense to identify and resolve any issues with the military’s reporting of convictions and other information relevant to determining prohibited person status under 18 U.S.C. § 922(g). 
    
2. Conduct a review to identify other federal government entities that are not fully and accurately reporting information to NICS.  If any such entities are identified, a plan should be developed to ensure full and accurate reporting to NICS going forward to the extent required under current law.
    
3. Conduct a review of the format, structure, and wording of ATF Form 4473 and recommend changes as necessary.
    
4. Prepare a report that addresses: (a) the number of current open investigations for making a false statement on ATF Form 4473; (b) the number of investigations for making a false statement on ATF Form 4473 for the past five years; (c) the prosecution referral and declination numbers for the current year, as well as the past five years for making a false statement on ATF Form 4473; and (d) the priority level assigned to investigations for making a false statement on ATF Form 4473.
    
5. Identify any additional measures that should be taken to prevent firearms from being obtained by prohibited persons, including identifying obstacles to state, local, and tribal entities sharing information with NICS.

“The National Instant Criminal Background Check System is critical for us to be able to keep guns out of the hands of those that are prohibited from owning them,” said Attorney General Jeff Sessions. “The recent shooting in Sutherland Springs, Texas revealed that relevant information may not be getting reported to the NICS – this is alarming and it is unacceptable. Therefore, I am directing the FBI and ATF to do a comprehensive review of the NICS and report back to me the steps we can take to ensure that those who are prohibited from purchasing firearms are prevented from doing so.”

An indictment was unsealed today in the U.S. District Court for the District of Maine charging Rashad Sabree, 37, of Boston, Massachusetts, with two counts of sex trafficking by force, fraud, or coercion, two counts of kidnapping, and one count of interstate transportation for purposes of prostitution, announced Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division and U.S. Attorney Halsey B. Frank of the District of Maine. 

According to the indictment, in late 2015 and early 2016, the defendant used force, fraud, and coercion to cause two women to engage in commercial sex acts in Maine before attempting to drive them to Massachusetts against their will. 

The District of Maine is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.

An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.  If convicted, the defendant faces a minimum sentence of 15 years’ imprisonment and a maximum sentence of life, a $250,000 fine, and mandatory restitution.

The case is being investigated by the Federal Bureau of Investigation, U.S Immigration and Customs Enforcement’s Homeland Security Investigations, and the Biddeford Police Department.  It is being prosecuted by Assistant U.S. Attorney Julia Lipez and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.

Today, the U.S. Department of Justice filed denaturalization lawsuits against five individuals who, according to the Department’s complaints, unlawfully procured their U.S. citizenship by concealing sexual abuse of minor victims during the naturalization process. The civil complaints were filed in federal court in the Southern District of Florida, the Northern District of Illinois, the Northern District of Texas (two cases), and the Southern District of Texas.

“Committing fraud in any immigration matter undermines the integrity of our immigration system, and is a betrayal of the American people’s generosity,” said Attorney General Jeff Sessions. “It is especially appalling when it also involves the sexual abuse of children. The Department of Justice has a duty to prosecute these crimes vigorously, particularly so for individuals who commit fraud in the naturalization process. I am confident that justice will be done in these cases, and I want to thank ICE, CBP, USCIS, our Civil Division, and our U.S. Attorneys’ offices for their hard work. This Department will continue to fight to denaturalize immigration fraudsters and to protect the American people from sex offenders.”

The cases were referred to the Department of Justice by the Department of Homeland Security’s U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection with investigative support from U.S. Citizenship and Immigration Services.

“I commend the DHS personnel working diligently to remove dangerous criminals from our streets,” said Acting Secretary of the Department of Homeland Security Elaine Duke. “Those who unlawfully procured citizenship by concealing crimes – especially sexual abuse of minors – should have their citizenship revoked.”

Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.

The five defendants committed crimes of sexual abuse of minor victims prior to naturalizing. As the civil complaints allege, such crimes rendered the defendants ineligible for citizenship from the start. By willfully concealing child sexual abuse crimes, the defendants also independently rendered themselves subject to denaturalization.

A description of each of the five cases and the allegations of the United States follows:

Jorge Luis Alvarado

Jorge Luis Alvarado, 56, a native of Mexico, naturalized on March 9, 2000. Shortly before filing his naturalization application, Alvarado made unlawful sexual contact with a sixteen-year-old child. In March 2007, he pleaded guilty in Texas state court to committing indecency with a child by sexual contact, a second-degree felony. Alvarado was ordered to community supervision and to register as a sex offender. He has been residing in southern Texas. United States of America v. Jorge Luis Alvarado (S.D. Tex.).

Alberto Mario Beleno

Alberto Mario Beleno, 64, a native of Colombia, naturalized on Feb. 26, 2001. Before Beleno naturalized as a U.S. citizen, he committed lewd and lascivious acts on a six-year-old child. In 2001, less than three months after he naturalized, Beleno was arrested and ultimately pleaded guilty/nolo-contendere in Florida state court to committing felony lewd and lascivious exhibition and felony lewd and lascivious molestation on a minor in 1993 and 1994. Beleno was ordered to register as a sex offender for his conduct. His last known residence in the United States is in Miami, Florida. United States of America v. Alberto Mario Beleno (S.D. Fla.).

Eleazar Corral Valenzuela

Eleazar Corral Valenzuela, 49, a native of Mexico, naturalized on June 15, 2000. Prior to applying to naturalize, he sexually abused a minor child. In November 2000, after he had naturalized, Corral pleaded guilty in Illinois state court to aggravated criminal sexual abuse, a Class 2 felony. He was ordered to register as a sex offender. He has been residing in Aurora, Illinois. United States of America v. Eleazar Corral Valenzuela (N.D. Ill.).

Moises Herrera-Gonzalez

Moises Herrera-Gonzalez, 55, a native of Mexico, naturalized on Sept. 25, 1999. On Jan. 1, 1996, before he filed his naturalization application, Herrera-Gonzalez sexually assaulted and injured a six-year-old child. He filed his naturalization application in September 1996, nine months after the sexual assault. On July 8, 2002, after he naturalized, Herrera-Gonzalez pleaded guilty in Texas state court to committing bodily injury to a child, a third-degree felony. He was sentenced to five years in prison. He has been residing in Arlington, Texas. United States of America v. Moises Herrera-Gonzalez (N.D. Tex.).

Emmanuel Olugbenga Omopariola

Emmanuel Olugbenga Omopariola, 60, a native of Nigeria, naturalized on July 1, 2004. Before he filed his naturalization application in May 2003, Omopariola made unlawful sexual contact with a seven-year-old child. In 2015, after he naturalized, Omopariola pleaded guilty in Texas state court to Indecency with a Child – Sexual Contact, a second-degree felony. He was ordered to five years of community supervision and placed on the sex offender registry. He has been residing in Grand Prairie, Texas. United States of America v. Emmanuel Olugbenga Omopariola (N.D. Tex.).

These cases were investigated by ICE, CBP, and USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by OIL-DCS and its National Security and Affirmative Litigation Unit (NS/A Unit) with support from the U.S. Attorney’s Offices for the Southern District of Florida, Northern District of Illinois, Northern District of Texas, and Southern District of Texas.

The claims made in the complaint are allegations only, and there has been no determination of liability.

WASHINGTON – Today, the U.S. Department of Justice filed denaturalization lawsuits against five individuals who, according to the Department’s complaints, unlawfully procured their U.S. citizenship by concealing sexual abuse of minor victims during the naturalization process. The civil complaints were filed in federal court in the Southern District of Florida, the Northern District of Illinois, the Northern District of Texas (two cases), and the Southern District of Texas.

“Committing fraud in any immigration matter undermines the integrity of our immigration system, and is a betrayal of the American people’s generosity,” said Attorney General Jeff Sessions. “It is especially appalling when it also involves the sexual abuse of children. The Department of Justice has a duty to prosecute these crimes vigorously, particularly so for individuals who commit fraud in the naturalization process. I am confident that justice will be done in these cases, and I want to thank ICE, CBP, USCIS, our Civil Division, and our U.S. Attorneys’ offices for their hard work. This Department will continue to fight to denaturalize immigration fraudsters and to protect the American people from sex offenders.”

The cases were referred to the Department of Justice by the Department of Homeland Security’s U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection with investigative support from U.S. Citizenship and Immigration Services.

“I commend the DHS personnel working diligently to remove dangerous criminals from our streets,” said Acting Secretary of the Department of Homeland Security Elaine Duke. “Those who unlawfully procured citizenship by concealing crimes – especially sexual abuse of minors – should have their citizenship revoked.”

Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.

The five defendants committed crimes of sexual abuse of minor victims prior to naturalizing. As the civil complaints allege, such crimes rendered the defendants ineligible for citizenship from the start. By willfully concealing child sexual abuse crimes, the defendants also independently rendered themselves subject to denaturalization.

A description of each of the five cases and the allegations of the United States follows:

Jorge Luis Alvarado

Jorge Luis Alvarado, 56, a native of Mexico, naturalized on March 9, 2000. Shortly before filing his naturalization application, Alvarado made unlawful sexual contact with a sixteen-year-old child. In March 2007, he pleaded guilty in Texas state court to committing indecency with a child by sexual contact, a second-degree felony. Alvarado was ordered to community supervision and to register as a sex offender. He has been residing in southern Texas. United States of America v. Jorge Luis Alvarado (S.D. Tex.).

Alberto Mario Beleno

Alberto Mario Beleno, 64, a native of Colombia, naturalized on Feb. 26, 2001. Before Beleno naturalized as a U.S. citizen, he committed lewd and lascivious acts on a six-year-old child. In 2001, less than three months after he naturalized, Beleno was arrested and ultimately pleaded guilty/nolo-contendere in Florida state court to committing felony lewd and lascivious exhibition and felony lewd and lascivious molestation on a minor in 1993 and 1994. Beleno was ordered to register as a sex offender for his conduct. His last known residence in the United States is in Miami, Florida. United States of America v. Alberto Mario Beleno (S.D. Fla.).

Eleazar Corral Valenzuela

Eleazar Corral Valenzuela, 49, a native of Mexico, naturalized on June 15, 2000. Prior to applying to naturalize, he sexually abused a minor child. In November 2000, after he had naturalized, Corral pleaded guilty in Illinois state court to aggravated criminal sexual abuse, a Class 2 felony. He was ordered to register as a sex offender. He has been residing in Aurora, Illinois. United States of America v. Eleazar Corral Valenzuela (N.D. Ill.).

Moises Herrera-Gonzalez

Moises Herrera-Gonzalez, 55, a native of Mexico, naturalized on Sept. 25, 1999. On Jan. 1, 1996, before he filed his naturalization application, Herrera-Gonzalez sexually assaulted and injured a six-year-old child. He filed his naturalization application in September 1996, nine months after the sexual assault. On July 8, 2002, after he naturalized, Herrera-Gonzalez pleaded guilty in Texas state court to committing bodily injury to a child, a third-degree felony. He was sentenced to five years in prison. He has been residing in Arlington, Texas. United States of America v. Moises Herrera-Gonzalez (N.D. Tex.).

Emmanuel Olugbenga Omopariola

Emmanuel Olugbenga Omopariola, 60, a native of Nigeria, naturalized on July 1, 2004. Before he filed his naturalization application in May 2003, Omopariola made unlawful sexual contact with a seven-year-old child. In 2015, after he naturalized, Omopariola pleaded guilty in Texas state court to Indecency with a Child – Sexual Contact, a second-degree felony. He was ordered to five years of community supervision and placed on the sex offender registry. He has been residing in Grand Prairie, Texas. United States of America v. Emmanuel Olugbenga Omopariola (N.D. Tex.).

These cases were investigated by ICE, CBP, and USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by OIL-DCS and its National Security and Affirmative Litigation Unit (NS/A Unit) with support from the U.S. Attorney’s Offices for the Southern District of Florida, Northern District of Illinois, Northern District of Texas, and Southern District of Texas.

The claims made in the complaint are allegations only, and there has been no determination of liability.

# # #

A federal jury on Friday convicted Boynton Beach Police Sergeant Philip Antico for obstruction of justice during a federal investigation into the excessive use of force by officers after an August 2014 traffic stop, announced Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida.  Last week a federal jury convicted Officer Michael Brown of using excessive force and using a firearm during a crime of violence for repeatedly striking an arrestee multiple times while holding his firearm after that traffic stop.

Evidence presented at both trials established that after Brown used excessive force, he wrote a report omitting that he had kicked the arrestee and struck the arrestee while holding a gun in his hand. At trial, the government presented evidence that Brown’s report changed significantly over the course of a week. In February 2015, after the Federal Bureau of Investigation began a criminal investigation into the officers’ use of force, Antico, Brown’s supervisor, misled a federal agent who was conducting the investigation. Specifically, Antico falsely claimed that Brown’s report of the arrest and his use of force never changed, when in fact Antico approved the report knowing that Brown had made material changes to his report about his use of force after a video recording of the arrest came to light.

"Police officers must abide by the laws they enforce and protect the constitutional rights of all persons,” said Acting Assistant Attorney General Gore.  “The department will continue to vigorously enforce our nation’s laws that ensure the civil rights of all persons are protected.”

“The U.S. Attorney’s Office, the Department of Justice and the FBI stand committed to holding those who betray the public trust accountable for their actions, while supporting the men and women who proudly uphold their duties to serve and protect the community,” said Acting U.S. Attorney Greenberg. 

Brown faces a maximum penalty of up to 10 years imprisonment for the civil rights violation and 5 years imprisonment for his use of a firearm in the commission of that crime. Antico faces a maximum penalty of up to 20 years imprisonment. Sentencing will be set at a later date before U.S. District Judge Robin L. Rosenberg of the Southern District of Florida. 

The case was investigated by the West Palm Beach Resident Agency of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Susan Osborne of the Southern District of Florida and Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice.

Antitrust agency heads from the United States, Canada and Mexico meet today at the Department of Justice in Washington, D.C., to discuss their ongoing work to ensure fair and effective antitrust enforcement and increased cooperation among the nations. 

The meeting includes Assistant Attorney General Makan Delrahim of the U.S. Department of Justice’s Antitrust Division, Acting Chairman Maureen Ohlhausen of the U.S. Federal Trade Commission, Canadian Commissioner of Competition John Pecman, and President Alejandra Palacios of the Mexican Federal Economic Competition Commission.  

The discussions will cover a wide range of topics including developments and priorities, antitrust and the digital economy, and future opportunities for cooperation and convergence on sound antitrust principles.

“Today we welcome our close partners in antitrust enforcement from Canada and Mexico.  Close cooperation and convergence around sound economic principles with our international partners is a key priority for the Antitrust Division,” said Assistant Attorney General Makan Delrahim.  “With increasingly interconnected markets, our working relationships with Mexico and Canada are strengthened through meetings like this, and further our efforts to effectively work together to block price fixing cartels that harm consumers, review cross-border transactions and prepare ourselves to tackle the policy challenges of tomorrow.” 

“Maintaining and strengthening the already close bonds with our nearest partners is a key international priority,” said Federal Trade Commission Acting Chairman Maureen K. Ohlhausen.  “We have much in common with Canada's Competition Bureau and Mexico's COFECE, including reviewing mergers with cross-border effects and sharing approaches to competition advocacy.  By working together to promote good competition policy globally, we benefit consumers in all of our countries.”

The 1995 antitrust cooperation agreement between the United States and Canada, the 1999 agreement between the United States and Mexico and the 2001 agreement between Canada and Mexico laid the foundation for these meetings.  The agreements commit the antirust agencies to coordinate and cooperate with each other in an effort to ensure the most consistent and effective antitrust enforcement. 

The United States Department of Justice today filed a civil antitrust lawsuit to block AT&T/DirecTV’s proposed acquisition of Time Warner Inc. The $108 billion acquisition would substantially lessen competition, resulting in higher prices and less innovation for millions of Americans.

The combination of AT&T/DirecTV’s vast video distribution infrastructure and Time Warner’s popular television programming would be one of the largest mergers in American history.  Time Warner’s network offerings include TBS, TNT, CNN, Cartoon Network, HBO and Cinemax, and its programming includes Game of Thrones, NCAA’s March Madness, and substantial numbers of MLB and NBA regular season and playoff games.  

According to the complaint, which was filed in the United States District Court for the District of Columbia, the combined company would use its control over Time Warner’s valuable and highly popular networks to hinder its rivals by forcing them to pay hundreds of millions of dollars more per year for the right to distribute those networks.  The combined company would also use its increased power to slow the industry’s transition to new and exciting video distribution models that provide greater choice for consumers, resulting in fewer innovative offerings and higher bills for American families.

As AT&T itself has expressly acknowledged, distributors with control over popular programming “have the incentive and ability to use . . . that control as a weapon to hinder competition.”  And, as DirecTV itself has explained, such vertically integrated programmers “can much more credibly threaten to withhold programming from rival [distributors]” and can “use such threats to demand higher prices and more favorable terms.”  This merger would create just such a vertically integrated programmer and cause precisely such harms to competition.   

“This merger would greatly harm American consumers.  It would mean higher monthly television bills and fewer of the new, emerging innovative options that consumers are beginning to enjoy,” said Assistant Attorney General Makan Delrahim of the Department’s Antitrust Division.  “AT&T/DirecTV’s combination with Time Warner is unlawful, and absent an adequate remedy that would fully prevent the harms this merger would cause, the only appropriate action for the Department of Justice is to seek an injunction from a federal judge blocking the entire transaction.”

“The merger would also enable the merged company to impede disruptive competition from online video distributors, competition that has allowed consumers greater choices at cheaper prices,” Delrahim further explained.  As noted in the complaint, AT&T/DirecTV describes the traditional, big bundle pay-TV model as a “cash cow” and “the golden goose.”  If permitted to merge, AT&T/DirecTV/Time Warner would have the incentive and ability to charge more for Time Warner’s popular networks and take other actions to discourage future competitors from entering the marketplace altogether.  For example, the merged firm would likely use its control of Time Warner’s programming, which is important for emerging online video distributors, to hinder those innovative distributors.  Indeed, a senior Time Warner executive has stated that they have leverage over an online video distributor, whose offering would be “[expletive] without Turner.”  That leverage would only increase if the merger were allowed to proceed.  

AT&T Inc. is a Delaware corporation headquartered in Dallas, Texas.  In 2016, the company posted revenues of more than $163 billion dollars, making it the largest telecommunications company in the world.  AT&T is also the country’s largest Multichannel Video Programming Distributor (MVPD), with more than 25 million subscribers.  It has three pay-TV offerings: (1) DirecTV, a satellite-based product with almost 21 million subscribers that it acquired through a merger in 2015; (2) U-Verse, a product which uses the local AT&T fiber optic and copper network and has almost 4 million subscribers; and (3) DirecTV Now, its new online video product with almost 800,000 subscribers.  It descends from the AT&T that was established in the nineteenth century and which maintained a monopoly in the provision of local telephone services until 1982, when it agreed to divest the portions of its business relating to local telephone services to settle an antitrust lawsuit filed by the Department of Justice.  In 2011, AT&T attempted to purchase T-Mobile, but abandoned the transaction after the Department of Justice filed suit alleging that the merger violated the antitrust laws.

Time Warner, Inc. is a Delaware corporation headquartered in New York, New York.  In 2016, its posted revenue was $29.3 billion.  As of 2016, according to Time Warner, its most popular networks reach over 90 million households—of the nearly 100 million households that subscribe to traditional subscription television.

WASHINGTON — Attorney General Jeff Sessions today announced $98,495,397 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 179 law enforcement agencies across the nation, which allows those agencies to hire 802 additional full-time law enforcement officers.

“Cities and states that cooperate with federal law enforcement make all of us safer by helping remove dangerous criminals from our communities,” said Attorney General Jeff Sessions. “Today, the Justice Department announced that 80 percent of this year’s COPS Hiring Program grantees have agreed to cooperate with federal immigration authorities in their detention facilities. I applaud their commitment to the rule of law and to ending violent crime, including violent crime stemming from illegal immigration. I continue to encourage every jurisdiction in America to collaborate with federal law enforcement and help us make this country safer.”

CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support hiring additional law enforcement officers for three years to address specific crime problems through community policing strategies.

In September, the Justice Department announced additional priority consideration criteria for FY2017 COPS Office grants. Applicants were notified that their application would receive additional points in the application scoring process by certifying their willingness to cooperate with federal immigration authorities within their detention facilities. Cooperation may include providing access to detention facilities for an interview of aliens in the jurisdiction’s custody and providing advance notice of an alien’s release from custody upon request. Eighty percent of the awarded agencies received additional points based on their certifications of willingness to cooperate with federal immigration authorities.

The complete list of award recipients can be found here.

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.

          Today, SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that defendant YANG ZOU, age 38, from Susupe, Saipan, was sentenced in District Court to a 97-month term of imprisonment for Possession with Intent to Distribute Methamphetamine.  The Court also ordered ZOU to serve four years of supervised release following his term of imprisonment.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

          On April 15, 2016, ZOU was approached by enforcement agents with the Commonwealth Casino Commission at the Best Sunshine Live Casino in Saipan.  Agents wanted to question him about his chip activity.  ZOU, however, immediately asked to use the restroom and, once inside a stall, placed a cigarette box containing methamphetamine into a wastebasket.  The drugs were discovered by a Best Sunshine bathroom attendant soon afterwards and eventually turned over to the Drug Enforcement Administration.  Subsequent testing showed the box contained 38.6 grams of methamphetamine with a 97 percent purity level.

          On December 2, 2016, ZOU was charged by Indictment with Possession with Intent to Distribute a Controlled Substance (Methamphetamine), in violation of 21 U.S.C. § 841(a)(1).  A jury found ZOU guilty on April 7, 2017, after a one-day trial.

          The investigation was conducted by the Drug Enforcement Administration, with the assistance and cooperation of the Commonwealth Casino Commission.  The case was prosecuted by Garth Backe, Assistant United States Attorney for the District of the NMI.

Today, in an action to further uphold the rule of law in the executive branch, Attorney General Jeff Sessions issued a memo prohibiting the Department of Justice from issuing guidance documents that have the effect of adopting new regulatory requirements or amending the law. The memo prevents the Department of Justice from evading required rulemaking processes by using guidance memos to create de facto regulations.

In the past, the Department of Justice and other agencies have blurred the distinction between regulations and guidance documents.  Under the Attorney General’s memo, the Department may no longer issue guidance documents that purport to create rights or obligations binding on persons or entities outside the Executive Branch.

The Attorney General’s Regulatory Reform Task Force, led by Associate Attorney General Brand, will conduct a review of existing Department documents and will recommend candidates for repeal or modification in the light of this memo’s principles.

“Guidance documents can be used to explain existing law,” Associate Attorney General Brand said.  “But they should not be used to change the law or to impose new standards to determine compliance with the law.   The notice-and-comment process that is ordinarily required for rulemaking can be cumbersome and slow, but it has the benefit of availing agencies of more complete information about a proposed rule’s effects than the agency could ascertain on its own.   This Department of Justice will not use guidance documents to circumvent the rulemaking process, and we will proactively work to rescind existing guidance documents that go too far.”

View the memo here. 

The Justice Department announced today that it has reached a settlement agreement with Washington Potato Company, which operates the Freeze Pack vegetable processing plant located in Pasco, Washington.  The agreement resolves the department’s investigation into whether Washington Potato 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 Washington Potato routinely requested that work-authorized non-U.S. citizens present specific documents to confirm their citizenship status, such as Permanent Resident Cards or Employment Authorization Documents, while verifying their authorization to work at the Freeze Pack plant, but did not subject U.S. citizens to such requests.  The anti-discrimination provision of the INA prohibits employers from subjecting employees to different or unnecessary documentary demands based on employees’ citizenship, immigration status, or national origin.

Under the settlement, Washington Potato will pay a civil penalty of $100,000 to the United States, train its staff, post notices informing workers about their rights under the INA’s antidiscrimination provision, and be subject to departmental monitoring and reporting requirements.  An earlier settlement between the department and Washington Potato Company in May 2017 resolved litigation concerning similar discriminatory conduct by Washington Potato  in its management of another facility located in Pasco, Washington. 

“Employers must ensure that they do not impose unnecessary and unlawful barriers to employment based on citizenship status,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division.  “We look forward to working with Washington Potato Company to fulfill the terms of this agreement and ensure compliance with the law at all the facilities it operates.”

The Division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, 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.

On November 15, 2017, INTERPOL Washington—the U.S. National Central Bureau--staff members participated in the 2017 Intellectual Property Rights (IPR) Center Symposium, “Solving the E-Commerce Puzzle.” Held at the National IPR Coordination Center in Arlington, Virginia, the symposium brought together over 150 business, industry, government and law enforcement leaders to explore the challenges in combatting e-commerce crime.

U.S. Department of Justice and U.S. Department of Homeland Security (DHS) officials today announced the results of stepped up efforts by U.S. Immigration and Customs Enforcement (ICE) and the department to target and dismantle MS-13 – culminating in the arrest of 267 in the United States and overseas.

“Operation Raging Bull” was led by ICE’s Homeland Security Investigations (HSI) with support from federal, state, local and international law enforcement partners, and was conducted in support of the Department of Justice’s renewed prioritization of the violent transnational gang.

“With more than 10,000 members across 40 states, MS-13 is one of the most dangerous criminal organizations in the United States today,” said Attorney General Jeff Sessions. “President Trump has ordered the Department of Justice to reduce crime and take down transnational criminal organizations, and we will be relentless in our pursuit of these objectives. That’s why I have ordered our drug trafficking task forces to use every law available to arrest, prosecute, convict, and defund MS-13. And we are getting results. So far this year, we have secured convictions against more than 1,200 gang members and worked with our partners in Central America to arrest and charge some 4,000 MS-13 members.  I want to thank the Department of Homeland Security, our federal law enforcement agents and prosecutors from the U.S. Attorneys’ Offices and the Criminal Division’s Organized Crime and Gang Section as well as Treasury, BOP, DOJ’s OCDETF task force members, and all of our state and local law enforcement partners for their hard work. These 267 arrests are the next step toward making this country safer by taking MS-13 off of our streets for good.”

“MS-13 has long been a priority for ICE. However we are now combating the gang with renewed focus and an unprecedented level of cooperation among DHS’s components and our domestic and international partners,” said Thomas Homan, ICE Deputy Director and Senior Official Performing the Duties of the Director. “ICE has the ability to pursue complex criminal cases using our statutory authorities and to prevent crime by using our administrative arrest authorities to remove gang members from the country. We will not rest until every member, associate, and leader of MS-13 has been held accountable for their crimes, and those in this country illegally have been removed.”

The operation was conducted in two phases, targeting dangerous gang members and their global financial networks. The first phase of the operation which was announced previously, netted 53 arrests in El Salvador at the conclusion of an 18-month investigation in September. The second phase was conducted across the United States from Oct. 8 to Nov. 11, and concluded with 214 MS-13 arrests nationwide.

HSI received significant operational support, including intelligence sharing and collaboration, from ICE’s Enforcement and Removal Operations (ERO), U.S. Customs and Border Protection (CBP), U.S. Border Patrol, U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Treasury, U.S. Department of Justice’s Bureau of Prisons (BOP), as well as state, local, federal, and international law enforcement partners.  The Organized Crime and Gang Section of the Justice Department’s Criminal Division, with funding from the Organized Crime Drug Enforcement Task Forces, along with the U.S. Attorneys’ Offices in the Districts of Arizona, Maryland, Massachusetts, Northern District of California, Southern District of Iowa and Southern District of Texas, and are prosecuting the cases. 

"Securing the homeland is a critical piece of the USCIS mission,” said USCIS Director L. Francis Cissna. “We are committed to supporting and providing intelligence to our law enforcement colleagues on public safety initiatives like Operation Raging Bull. We will bring all of our agency’s resources to bear in helping protect the American public from violent crime, and in the pursuit of those who seek to endanger the security of our nation.”

"This joint effort is not new. It is something we all do as law enforcement,” said Border Patrol Deputy Chief Scott Luck. “I look forward to continue working with my partners here at Headquarters as well as the field to address not just this threat but all threats.”

“The Bureau of Prisons is proud to have supported our local, state, and federal law enforcement partners in this successful effort to enhance public safety,” said Assistant Director Frank Lara for the Federal Bureau of Prisons Correctional Programs. “The Bureau of Prisons will continue to work collaboratively to combat the threat violent gangs pose inside prisons and in the community.”

Of the total 214 arrests made in the United States, 93 were arrested on federal and/or state criminal charges including murder, aggravated robbery, Racketeering Influenced Corrupt Organization (RICO) offenses, Violent Crime in Aid of Racketeering (VICAR) offenses, narcotics trafficking, narcotics possession, firearms offenses, domestic violence, assault, forgery, DUI and illegal entry/reentry. The remaining 121 were arrested on administrative immigration violations.

Sixteen of the 214 arrested were U.S. citizens and 198 were foreign nationals, of which only five had legal status to be in the United States. Foreign nationals arrested were from El Salvador (135), Honduras (29), Mexico (17), Guatemala (12), Ecuador (4) and Costa Rica (1).

Sixty-four individuals had illegally crossed the border as unaccompanied alien children; most are now adults.  

Examples of the federal prosecutions during this operation include:

• In Baltimore, Maryland, the arrest and indictment of four MS-13 members on charges that include violent crimes in aid of racketeering and conspiracy to commit murder in aid of racketeering;
• In Greenbelt, Maryland, the arrest and indictment of eight MS-13 members on charges that include conspiracy to participate in a racketeering enterprise, conspiracy to distribute and possession with intent to distribute controlled substances and conspiracy to interfere with interstate commerce by extortion; and
• MS-13 members and associates were arrested in East Boston and Chelsea, Massachusetts; Falfurrias, Hidalgo and Laredo, Texas; Nogales, Tucson and Yuma, Arizona; Council Bluffs, Iowa; Annapolis, Baltimore, Clinton, Beltsville, Upper Marlboro, Centreville and Jessup, Maryland; and San Jose, California and charged with various federal offenses including illegal alien in possession of a firearm and illegal re-entry after deportation.

Following this operation, ICE has added six MS-13 fugitives to its list of “most wanted” individuals, including one fugitive wanted for homicide in Montgomery County, Texas, and five others wanted for their involvement in the homicide and attempted homicides of El Salvadoran police officers. All are suspected of being somewhere in the U.S. 

Individuals are confirmed as gang members if they admit membership in a gang; have been convicted of violating Title 18 USC 521 or any other federal or state law criminalizing or imposing civil consequences for gang-related activity; or if they meet certain other criteria such as having tattoos identifying a specific gang or being identified as a gang member by a reliable source.

Gang associates are individuals who exhibit gang member criteria but who are not formally initiated into the gang. Law enforcement officers encountering these individuals will determine whether indications of gang association are present by referring to the gang membership criteria.

A member of the Wildboys gang was sentenced today to 20 years in prison in federal court in Charleston, South Carolina, after being found guilty by a federal jury for his role in the attempted murder of a rival gang member.

The announcement was made by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon, Jr. of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Chief Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division.

Devin Brown aka “Deno Badazz,” 23, of Green Pond, South Carolina, was sentenced to 240 months in prison, including a 10 year mandatory minimum consecutive sentence by U.S. District Court Judge Richard M. Gergel, for use of a firearm during a crime of violence.  In addition, Brown was ordered to serve a term of five years of supervised release, and to pay the cost of the victim’s medical care.   

According to evidence presented at trial, Brown was a member of the Wildboys, a violent street gang from the Green Pond area of Walterboro, South Carolina.  At trial, prosecutors presented evidence that showed that beginning as early as 2012, Brown and other Wildboys gang members engaged in racketeering activity, including the April 7, 2015, attempted murder of a rival gang member in a drive-by shooting involving assault-type firearms.  An innocent bystander inside the home was shot and injured, the evidence showed.

Four individuals have previously pleaded guilty to their involvement in the Wildboys gang.  In June 2017, U.S. District Judge Richard M. Gergel of the District of South Carolina sentenced Wildboys members and associates Kelvin Mitchell, Damien Robinson, and Brian Manigo for their roles in gang-related racketeering activities.  In August 2017, Wildboys member Joshua Manigault, aka “J-Rizzle,” was sentenced for his role in gang-related activities.

This case was investigated by the ATF Charleston, South Carolina Office, in partnership with the Walterboro Police Department; Colleton County Sheriff’s Office; Charleston County Sheriff’s Office; Dorchester County Sheriff’s Office; Summerville Police Department; Fourteenth Judicial Circuit Solicitor’s Office; First Judicial Circuit Solicitor’s Office; South Carolina Department of Probation, Parole and Pardon Services; and the South Carolina Law Enforcement Division.

The case was prosecuted by Trial Attorney Leshia Lee-Dixon of the Criminal Division’s Organized Crime and Gang Section and Special Assistant U.S. Attorney Tameaka A. Legette from the Fourteenth Judicial Circuit Solicitor’s Office, Bluffton, South Carolina.

The Department of Justice today sent the attached letters to 29 jurisdictions that may have laws, policies, or practices that violate 8 U.S.C. 1373, a federal statute that promotes information sharing related to immigration enforcement.

“Jurisdictions that adopt so-called ‘sanctuary policies’ also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law,” said Attorney General Jeff Sessions. “I urge all jurisdictions found to be potentially out of compliance in this preliminary review to reconsider their policies that undermine the safety of their residents. We urge jurisdictions to not only comply with Section 1373, but also to establish sensible and effective partnerships to properly process criminal aliens.”

The following jurisdictions have preliminarily been found to have laws, policies, or practices that may violate 8 U.S.C. 1373:

• Albany, New York;
• Berkeley, California;
• Bernalillo County, New Mexico;
• Burlington, Vermont;
• Contra Costa County, California;
• City and County of Denver, Colorado;
• Fremont, California;
• Jackson, Mississippi;
• King County, Washington;
• Lawrence, Massachusetts;
• Los Angeles, California;
• Louisville Metro, Kentucky;
• Middlesex, New Jersey;
• Monterey County, California;
• Multnomah County, Oregon;
• Newark, New Jersey;
• Riverside County, California;
• Sacramento County, California;
• City and County of San Francisco, California;
• Santa Ana, California;
• Santa Clara County, California;
• Seattle, Washington;
• Sonoma County, California;
• Washington, District of Columbia;
• Watsonville, California;
• West Palm Beach, Florida;
• State of Illinois;
• State of Oregon; and
• State of Vermont.

The letters remind the recipient jurisdictions that, as a condition for receiving certain FY2016 funding from the Department of Justice, each of these jurisdictions agreed to comply with Section 1373.

The Department of Justice periodically reviews the laws, policies, or practices of jurisdictions that previously certified compliance with Section 1373 as a condition of their FY2016 Byrne JAG awards.

In addition to raising concerns about these jurisdictions’ Section 1373 compliance during FY2016, the Justice Department asked jurisdictions to determine that they will comply with Section 1373 should they receive an FY2017 Byrne JAG award.

Jurisdictions that were found to have possible violations of 8 U.S.C. 1373 will have until December 8, 2017 to demonstrate that the interpretation and application of their laws, policies, or practices comply with the statute.

The U.S. Department of Justice today filed a lawsuit against the Housing Authority of the City of Bridgeport (HACB), doing business as Park City Communities.  The lawsuit, filed in the U.S. District Court for the District of Connecticut, alleges that HACB discriminated against persons with disabilities in violation of Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Fair Housing Act.

HACB owns and manages more than 2,600 units of public housing and administers more than 2,800 vouchers under the U.S. Department of Housing and Urban Development’s (HUD’s) Section 8 Housing Choice Voucher program.  The lawsuit arose from a compliance review initiated by HUD.  After issuing a determination of noncompliance and attempting resolution, HUD referred the case to the Justice Department.

The complaint alleges that HACB failed to properly process, decide, and fulfill requests for reasonable accommodations for tenants with disabilities over at least two years.  Federal law requires HACB to provide reasonable accommodations, such as physical modifications to public housing units, changes to program rules, or transfers to appropriate housing, when requested to meet a tenant or applicant’s disability-related needs.  The complaint also alleges that HACB failed to provide a sufficient number of public housing units that are accessible to tenants with mobility, vision, or hearing-related disabilities.

“Tenants with disabilities deserve the same opportunity to use and enjoy their homes as everyone else,” said Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division.  “This lawsuit seeks to ensure that HACB provides reasonable accommodations and accessible housing as required by federal law.”

“The complaint alleges that HACB ignored requests for reasonable accommodation from tenants with disabilities, failed to adequately communicate with tenants with disabilities, and failed to provide a sufficient number of accessible housing units,” said U.S. Attorney John H. Durham.  “The government filed this complaint after multiple unsuccessful attempts to resolve this matter with HACB.  Individuals with disabilities deserve public housing administrators that make life easier for them, not more difficult.”

The lawsuit seeks monetary damages to compensate victims, a court order requiring HACB to remedy past and prevent further discrimination, and a civil penalty.  The case is being jointly handled by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Connecticut.  The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court. 

Individuals who may have been victims of discrimination by HACB or who have information relevant to this case are encouraged to contact the Civil Rights Division at 1-800-896-7743, mailbox number 992, or by email at fairhousing@usdoj.gov. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt.

A federal grand jury sitting in the District of New Mexico returned an 11-count indictment against a former procurement officer employed at Sandia National Laboratories (SNL), a nuclear research and development facility of the U.S. Department of Energy (DOE), for orchestrating a scheme to obtain a $2.3 million contract through fraudulent means.  Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division made the announcement.

Carla Sena, 55, of Albuquerque, New Mexico was charged with three counts of wire fraud, one count of major fraud against the United States and seven counts of money laundering.

According to the indictment, SNL was managed and operated by Sandia Corporation (“Sandia”) during the relevant time period.  In late 2010, Sena was assigned by Sandia to manage the bidding process for the award of a contract for moving services at SNL.  In anticipation thereof, Sena created New Mexico Express Movers LLC (“Movers LLC”), prepared a bid on Movers LLC’s behalf, and submitted the bid to Sandia under someone else’s name to conceal her involvement.  Sena made several material and fraudulent misrepresentations in Movers LLC’s bid that would have resulted in disqualification, but she used her position at SNL to ensure that these misrepresentations went undetected.  Sena also used her position to access other bidders’ documents and information that she in turn leveraged to ensure award of the contract to Movers LLC.  As a direct result of Sena’s scheme to defraud, Movers LLC received approximately $2.3 million in DOE funds.  The indictment further alleges that, between December 2011 and April 2015, Sena transferred via negotiated checks at least $643,000 of these fraudulently obtained proceeds to legitimate businesses owned by her father with the intent to conceal her subsequent use of the proceeds for personal gain.

The indictment is the result of an ongoing investigation by the DOE Office of Inspector General and is being prosecuted by Trial Attorneys Victor R. Salgado and Rebecca Moses of the Criminal Division’s Public Integrity Section.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless proven guilty.