District Not Recorded

First Charges Brought By Antitrust Division Involving Generic Drugs

Two former senior generic pharmaceutical executives were charged by Information for their roles in conspiracies to fix prices, rig bids and allocate customers for certain generic drugs, the Department of Justice announced today. 

Separate two-count felony charges were unsealed today in the United States District Court for the Eastern District of Pennsylvania in Philadelphia.  According to the Informations, Jeffrey Glazer, the former CEO of a generic pharmaceutical company, and Jason Malek, the former president of the same company, conspired to fix prices, rig bids and allocate customers for an antibiotic, doxycycline hyclate.  Additionally, the Informations allege Glazer and Malek conspired to fix prices and allocate customers for glyburide, a medicine used to treat diabetes.  The doxycycline hyclate conspiracy took place from as early as April 2013 until at least December 2015; the glyburide conspiracy took place from as early as April 2014 until at least December 2015.

“Millions of Americans rely on prescription medications to treat acute and chronic health conditions.  By entering into unlawful agreements to fix prices and allocate customers, these two executives sought to enrich themselves at the expense of sick and vulnerable individuals who rely upon access to generic pharmaceuticals as a more affordable alternative to brand-name medicines,” said Deputy Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division.  “These charges are an important step in correcting that injustice and in ensuring that generic pharmaceutical companies compete vigorously to provide these essential products at a price set by the market, not by collusion.”

“Conspiring to fix prices on widely-used generic medications skews the market, flouts common decency – and very clearly breaks the law,” said Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Division.  “It’s a sad state of affairs when these pharmaceutical executives are determined to further pad their profits on the backs of people whose health depends on the company’s drugs.  The FBI stands ready to investigate and hold accountable those who willfully violate federal antitrust law.”

Today’s charges are the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the generic pharmaceutical industry, which is being conducted by the Antitrust Division’s Washington Criminal I Section with the assistance of the FBI’s Philadelphia Division, the FBI headquarters’ International Corruption Unit, the United States Postal Service Office of Inspector General and the U.S. Attorney’s Office for the Eastern District of Pennsylvania.  Anyone with information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to the generic pharmaceutical industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Philadelphia Division at 215-418-4000.

Glazer Information

Malek Information

The Justice Department reached an agreement today resolving claims that 1st Class Staffing LLC, a staffing company based in Orem, Utah, discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

The department’s investigation conducted by the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), found that 1st Class Staffing’s Fontana, California, office routinely requested that non-U.S. citizens, but not U.S. citizens, provide specific immigration documents to establish their authority to work.  Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the lists of acceptable documents to prove their work authorization.  It is unlawful for an employer to limit an employee’s choice of documentation because of their citizenship, immigration status or national origin. 

Under the terms of the settlement agreement, 1st Class must pay for lost wages to the charging party whose complaint initiated the department’s investigation; pay $17,600 in civil penalties to the United States; participate in department-provided training on the anti-discrimination provision of the INA and be subject to departmental monitoring. 

“Employers must ensure that their human resources, hiring and recruitment staff understand and implement proper hiring practices to avoid violating anti-discrimination laws,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “We commend 1st Class for its cooperation and commitment to removing unnecessary and unlawful employment barriers.” 

OSC is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.

For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’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 OSC’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, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.

1st Class Staffing Settlement Agreement

The former Minister of Mines and Geology of the Republic of Guinea was arrested and charged today with laundering proceeds from bribes that he allegedly received from two Chinese companies that are part of a Chinese conglomerate in exchange for official actions he took to secure valuable mining rights for the conglomerate.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara of the Southern District of New York, Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division, and Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office made the announcement.

“Former Minister Thiam is accused of enriching himself at the expense of the people of the Republic of Guinea,” said Assistant Attorney General Caldwell.  “We cannot allow the United States to be a safe haven for the spoils of official corruption.  The department is committed to pursuing both those who pay bribes, and also the corrupt officials who receive them.” 

“Mahmoud Thiam, a former high-ranking official of Guinea, allegedly used his position to accept millions in bribes from a Chinese conglomerate and laundered the money through New York,” said U.S. Attorney Bharara.  “Thiam, a U.S. citizen, will now face justice in a federal court.”

“This arrest exemplifies the commitment to personnel and resources the FBI continues to make towards combating corruption,” said Assistant Director Richardson.  “The FBI looks forward to the development of those relationships with our partners both in the United States and around the world.”

“Today’s action shows that the FBI, along with our partners, is committed to investigating all levels of corruption,” said Assistant Director in Charge Sweeney.  “The United States will be relentless in its efforts to uphold fair, equal and competitive markets.  The actions of a few who use corruption for personal gain will not be tolerated.” 

Mahmoud Thiam, 50, a U.S. citizen residing in New York City, was charged by complaint with two counts of money laundering.  Thiam was arrested this morning and made his initial appearance this afternoon before a magistrate judge in the Southern District of New York.

The complaint alleges that in 2009 and 2010, Thiam took part in a scheme to launder, into the United States and elsewhere, approximately $8.5 million in bribes he received from senior representatives of a Chinese conglomerate.  In exchange for the bribes, Thiam allegedly used his official position in the Guinean government to enable affiliates of the Chinese conglomerate to obtain exclusive and highly-valuable investment rights in a wide range of sectors of the Guinean economy, including near total control of Guinea’s valuable mining sector.

In order to conceal the bribes, Thiam allegedly opened a bank account in Hong Kong and misreported his occupation to conceal his status as a government official.  Thiam later transferred millions of dollars in bribe proceeds into the United States, where he allegedly lied to two U.S. banks to conceal both his position as a foreign government official and the source of the funds.  Thiam allegedly spent the bribe proceeds on, among other things, construction work on his estate in upstate New York.

A complaint is merely an allegation, and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

The FBI’s International Corruption Squads in New York City and Los Angeles are investigating the case.  In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. 

Assistant Chief Tarek Helou, Senior Trial Attorney Jason Linder and Trial Attorney Sarah Edwards of the Criminal Division’s Fraud Section, Senior Trial Attorney Steven Parker of the Criminal Division’s Asset Forfeiture and Money Laundering Section (AFMLS) and Assistant U.S. Attorney Elisha Kobre of the Southern District of New York are prosecuting the case.  AFMLS Trial Attorney Alexis Loeb previously investigated the case.  The Criminal Division’s Office of International Affairs also provided substantial assistance in this matter.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all Foreign Corrupt Practices Act (FCPA) matters.  Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

WASHINGTON – El Departamento de Justicia llegó a un acuerdo hoy que resuelve las quejas de que 1st Class Staffing, LLC (1st Class) discriminó a individuos que no son ciudadanos de los EE. UU pero que sí cuentan con autorización para trabajar, en contra de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). 1st Class es una agencia de empleo con sede en Orem, Utah. 

La investigación, liderada por la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con la Inmigración (OSC, por sus siglas en inglés), de la División de Derechos Civiles, halló que la sucursal de 1st Class en Fontana, California había solicitado de forma rutinaria a individuos que no fuesen ciudadanos estadounidenses –pero no a los que sí lo eran– que presentasen documentos migratorios específicos para establecer su autorización para trabajar. Al amparo de la INA, se le debe permitir a todo trabajador, incluidos aquellos que no son ciudadanos de los EE. UU., la posibilidad de elegir de la lista de documentos aceptables la documentación válida que desea presentar para demostrar su autorización para trabajar. Es ilegal que un empleador limite la elección de documentos de un empleado con base en su ciudadanía, estatus migratorio, o nacionalidad de origen.

Conforme a los términos del acuerdo de resolución, 1st Class deberá efectuar pagos retroactivos por concepto del sueldo perdido a la parte denunciante cuya denuncia motivó la investigación del departamento; pagar $17.600 en sanciones civiles a los Estados Unidos; participar en capacitación brindada por el Departamento sobre la disposición antidiscriminatoria de la INA y someterse a la supervisión por parte del Departamento.

“Los empleadores deben asegurar que su personal de recursos humanos, contratación y reclutamiento entienda e implemente las prácticas correctas de contratación para así evitar que se vulneren las leyes antidiscriminatorias,” declaró la Secretaria de Justicia Auxiliar Adjunta Principal, Vanita Gupta, jefa de la División de Derechos Civiles del Departamento de Justicia. “Felicitamos a 1st Class por su cooperación y compromiso de eliminar barreras innecesarias e ilícitas al empleo.”

La OSC es responsable por hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus de ciudadanía, estatus migratorio, o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad de empleo; las represalias y la intimidación.

Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias federales, llame a la línea directa de la OSC para trabajadores al 1‑800‑255‑7688 (1‑800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito en www.justice.gov/crt/about/osc/webinars.php; mande un correo electrónico a osccrt@usdoj.gov o visite la página web de la OSC en www.justice.gov/crt/about/osc.  

Los postulantes o empleadores que creen haber sido víctimas de: (1) requisitos documentales diferentes  con base en su estatus de ciudadanía, estatus migratorio o nacionalidad de origen o (2) discriminación con base en su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben comunicarse con la antemencionada línea directa para trabajadores para pedir ayuda.

Online Settlement (en inglés)

The Department of Justice and the Department of Commerce’s National Institute of Standards and Technology (NIST) today announced the appointment of Randy Hanzlick, M.D. to the National Commission on Forensic Science (NCFS.) Dr. Hanzlick also accepted the invitation to serve as the NCFS Medicolegal Death Investigation subcommittee co-chair alongside NCFS Commissioner John Fudenberg.

The commission, created in 2013, develops forward-looking policy recommendations for the Attorney General to enhance the practice and improve the reliability of forensic science. The commission is co-chaired by Deputy Attorney General Sally Q. Yates, and Under Secretary of Commerce for Standards and Technology and NIST Director Dr. Willie E. May. Deputy Assistant Administrator Nelson Santos of the Drug Enforcement Administration’s Office of Forensic Sciences and Special Assistant John M. Butler to the NIST Director for Forensic Science serve as vice-chairs.

 “The Department of Justice remains committed to advancing the use of forensic science and the commission continues to make important recommendations and be an integral part of that work,” said Deputy Attorney General Yates. “Medicolegal death investigation has been among the commission’s areas of focus and has led to several recommendations. I look forward to Dr. Randy Hanzlick continued discussions and contributions in this area.” 

“We are grateful to Dr. Hanzlick for his willingness to serve on this very important commission,” said Under Secretary May. “We could not accomplish our goal of improving the practice of forensic science without such nationally respected experts. His addition will really strengthen our efforts around medical death investigations.”

Dr. Randy Hanzlick is recently retired from his position of 18 years as Chief of the Fulton County Medical Examiner’s Office. He has 33 years of experience as a forensic pathologist, including nearly a decade at the Centers for Disease Control and Prevention (CDC).  He is a past President of the National Association of Medical Examiners (NAME) and co-chaired the Scientific Working Group on Medicolegal Death Investigation with fellow Commissioner John Fudenberg. He has over 200 publications and has been a faculty member of Emory University. Dr. Hanzlick has received numerous professional awards, including the Helpern Laureate Award, the highest honor awarded by NAME. Throughout his career, Dr. Hanzlick has been involved in efforts to improve medicolegal death investigation systems, guidelines and standards of forensic pathology practices and the education of young forensic pathologists. He is credited with assisting in the development of CDC Sudden Unexplained Infant Death forms, National Institute of Justice (NIJ) Death Scene Investigation Guidelines and the NIJ National Missing and Unidentified program. 

Dr. Hanzlick replaces Dr. Vincent Di Maio, who recently resigned from the commission.

The National Commission on Forensic Science includes federal, state and local forensic science service providers; research scientists and academics; law enforcement officials; prosecutors, defense attorneys and judges; and other stakeholders from across the country. This breadth of experience and expertise reflects the many different entities that contribute to forensic science practice in the U.S. and will ensure that these broad perspectives are represented on the commission and in its work.

The commission’s next quarterly meeting will be held from Jan. 9 to 10, 2017, at the Office of Justice Programs, 3rd Floor Main Conference Room, 810 7th Street, N.W., Washington, D.C. 20531. More information about the commission can be found at http://www.justice.gov/ncfs.

The Department of Justice announced today that it will not challenge a proposal by corporate affiliates Amadeus Group LLC (Amadeus) and Mystic Logistics LLC (Mystic) for Amadeus to offer a pricing aggregation service to subscribers that are involved in the commercial mailing business.  The department’s position was stated in a business review letter to counsel for Amadeus and Mystic from Acting Assistant Attorney General Renata B. Hesse for the Antitrust Division.  

According to representations made by Amadeus and Mystic, Amadeus’s service would allow a subscriber to upload details about a particular commercial mailing job, including subscriber data for the specific job request and third party data, such as pricing and other information, related to the job request. The Amadeus pricing algorithm then would calculate various postage, packaging and transportation options that the subscriber could use to fulfill its job, allowing the subscriber to choose the most efficient logistics and pricing for its bulk commercial mailing.  

Although exchanging price and other competitive information can facilitate anticompetitive coordination among competitors, Amadeus and Mystic have designed the proposed service to prevent such information sharing.  To this end, the proposed service will contain numerous safeguards to ensure that neither the nonpublic information a subscriber provides to the service nor the commercial mailing options provided by the service to a subscriber will be shared with other subscribers or with third parties.   Additionally, although Mystic provides transportation support services for commercial mailings in competition with third parties whose transportation support services data and pricing information might be uploaded by a subscriber, the Amadeus service will include encryption protection to ensure that neither Amadeus nor Mystic can access that third-party information.  

Based on the information submitted and representations made by Amadeus and Mystic, the department has no present intention to challenge the operation of Amadeus’s proposed pricing aggregation service.

Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the division currently intends to challenge the action under the antitrust laws based on the information provided.  The department reserves the right to challenge the proposed action under the antitrust laws if it produces anticompetitive effects.

A file containing the business review request and the department’s response may be examined in the Antitrust Documents Group of the Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 1010, Washington, D.C. 20530.  After a 30-day waiting period, the documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure.

Amadeus Business Review Letter

A federal grand jury sitting in Washington D.C. returned an indictment on Dec. 7, which was unsealed today, charging a Maryland resident with conspiracy to file false claims, wire fraud, aggravated identity theft, and false personation, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

Anthony Ferguson of Temple Hills, Maryland, was arrested on the charges Dec. 8 and had his initial court appearance today before U.S. District Court Judge Royce C. Lamberth, who ordered him held without bond.  According to the indictment, from January 2012 through May 2016, Ferguson participated in a stolen identity refund fraud conspiracy.  Ferguson and his co-conspirators obtained personal identifying information from several sources and used those identities to file fraudulent tax returns and obtain false refunds from the Internal Revenue Service (IRS).  The indictment also alleges that in 2016, Ferguson pretended to be a Treasury Department employee and sent text messages to a witness in an attempt to obtain the details of an ongoing criminal investigation into his conduct.

If convicted, Ferguson faces a statutory maximum sentence of 10 years in prison for conspiring to file false claims for refund, a maximum sentence of 20 years in prison for each count of wire fraud, a mandatory sentence of two years in prison for each count of aggravated identity theft and a maximum sentence of three years in prison for false personation.  In addition, Ferguson faces a term of supervised release, restitution and monetary penalties.

An indictment is not a finding of guilt.  It merely alleges that crimes have been committed.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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

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

 

The Justice Department announced today that on Dec. 9, 2016, the U.S. District Court for the District of Nebraska ruled in the department’s favor in its breach of contract claim against Nebraska Beef Ltd., a meat packing company based in Omaha.  

In October 2015, the department filed a lawsuit against Nebraska Beef claiming that the company had refused to comply with several terms of the parties’ settlement agreement.  In August 2015, the parties had entered into an agreement to resolve the department’s investigation into whether Nebraska Beef was discriminating against work-authorized immigrants.  When Nebraska Beef refused to pay the agreed-upon $200,000 civil penalty and initiate the required backpay claims process, the United States filed suit to enforce the agreement.  On Friday, the court ordered the company to pay the $200,000 it owed and comply with all of the terms of the agreement.

“The department looks forward to working with Nebraska Beef to ensure that it complies with all of the provisions of the settlement agreement,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “The court’s ruling, and the underlying agreement, further our efforts to protect the federal employment rights of individuals with legal authorization to work in the United States.”
   
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  The statute 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. 

To learn more about the protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’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 OSC’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, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral, should contact the OSC worker hotline for assistance.

The Justice Department announced that today in federal court, Joseph Howard Williams, 61, of Brunswick, Georgia, pleaded guilty to federal charges regarding the illegal harvest and sale of Atlantic Striped Bass from federal waters off the coast of North Carolina in 2010.

According to information in the public record, in February 2010, a Special Agent with the National Oceanic and Atmospheric Administration (NOAA) received information that commercial trawlers were illegally fishing for Atlantic Striped Bass in federal waters off the coast of North Carolina.  Since 1990, there has been a ban on harvesting Atlantic Striped Bass from the United States’ Exclusive Economic Zone (EEZ), which includes waters located three to 200 miles seaward of the U.S. coastline.  Upon receiving the information, NOAA engaged the assistance of the U.S. Coast Guard.  A single patrol vessel in the area intercepted one of 17 commercial trawlers in the EEZ, the fishing vessel Lady Samaira, boarded the vessel and found 173 Atlantic Striped Bass.  The captain later admitted to taking the fish from the EEZ.

Given the other commercial trawlers in the same area, NOAA conducted an analysis of electronic data and written reports from those vessels.  Based on the review, NOAA determined that between Jan. 27, 2009, and Jan. 29, 2009, Williams, as the Captain of the fishing vessel Joann B, harvested approximately 2,476 pounds of Atlantic Striped Bass from the EEZ, which he later sold to a seafood dealer in Engelhard, North Carolina.  The investigation further revealed that between Feb. 1, 2010, and Dec. 18, 2010, Williams, harvested at least an additional 8,635 pounds of Atlantic Striped Bass from the EEZ, which he later sold to the same dealer in Engelhard, North Carolina.  Williams’s email traffic during the relevant time frame corroborated the illegal harvesting activities in the EEZ and the use of code words to conceal the true species of the illegal catch.  Williams also made false statements on his federal trip reports to conceal the true location of the harvest.  The estimated fair market retail value of the 11,111 pounds of illegally harvested fish exceeds $88,000.

Two other commercial fisherman previously entered guilty pleas for conduct uncovered by the same investigation.  United States v. Dewey W. Willis, Jr., No. 2:15-CR-3-F, and United States v. James Ralph Craddock, No. 2:15-CR-7-F.

“Violating the fishing ban is illegal and can undermine the sustainability of an important natural resource and disadvantage the many law abiding fishermen who depend upon this fishery,” said Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division.  “Today’s plea agreement demonstrates the department’s commitment to pursuing those who violate the laws enacted to protect and conserve important marine resources.”

“Our office is pleased to partner with the Environment and Natural Resources Division of the Department of Justice in these significant cases,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina.  “These prosecutions make clear that efforts to circumvent laws regulating commercial fishing -- which are implemented to sustain the species for the benefit of future generations -- will be enforced vigorously.”

A sentencing hearing has been scheduled for the March 27, 2017, term of court.  Williams faces a maximum sentence of five years in prison, a $250,000 fine and forfeiture of the all of the fish illegally harvested and the equipment used to commit the offense, including the commercial trawler, and all gear, electronics and other harvesting and sorting equipment on the trawler.

The overall investigation was conducted by the Law Enforcement Offices of NOAA, with assistance of the Investigative Service from the U.S. Coast Guard, the North Carolina Marine Patrol and the Virginia Marine Police.  This case is being prosecuted by Senior Litigation Counsel Banumathi Rangarajan of the U.S. Attorney’s Office for the Eastern District of North Carolina and Trial Attorney Lauren Steele of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section.

Joint Summary of Outcomes

Yesterday, Attorney General Loretta E. Lynch and Department of Homeland Security Secretary Jeh Johnson, together with Chinese State Councilor and Minister of the Ministry of Public Security Guo Shengkun, co-chaired the third U.S.-China High-Level Joint Dialogue on Cybercrime and Related Issues.  The dialogue aims to review the timeliness and quality of responses to requests for information and assistance with respect to cybercrime or other malicious cyber activities and to enhance pragmatic bilateral cooperation with regard to cybercrime, network protection and other related issues.  

Both sides endorse the establishment of the dialogue mechanism as beneficial to bilateral communication and enhanced cooperation, and believe that further solidifying, developing and maintaining the dialogue mechanism and continuing to strengthen bilateral cooperation in cybersecurity is beneficial to mutual interests.

The outcomes of the third dialogue are listed as below:

1. Combatting Cybercrime and Cyber-Enabled Crime.  Both sides re-commit to cooperate on the investigation of cyber crimes and malicious cyber activities emanating from China or the United States and to refrain from cyber-enabled theft of intellectual property with the intent of providing competitive advantages to companies or commercial sectors.  To that end, both sides:

• Plan to continue the mechanism of the “Status Report on U.S./China Cybercrime Cases” to evaluate the effectiveness of case cooperation. 
• Affirm that both sides intend to focus cooperation on hacking and cyber-enabled fraud cases, share cybercrime-related leads and information with each other in a timely manner, and determine priority cases for continued law enforcement cooperation.  Both sides intend to continue cooperation on cases involving online distribution of child pornography.  Both sides seek to expand cyber-enabled crime cooperation to counter Darkweb marketplaces’ illicit sale of synthetic drugs and firearms. 
• Seek to provide concrete and timely updates on cases brought within the ambit of the dialogue.
• Exchanged views on existing channels of multilateral cooperation, and intend to continue exchanges regarding this topic.

2. Network Protection.  Both sides acknowledged the network protection seminar held in August 2016 in China, and believe that enhancing network protection is beneficial to both sides.  Both sides suggest holding regular network protection working-level meetings, either remotely or in-person, the next of which should be planned for 2017.  Both sides seek to promote the protection of our respective networks through multiple methods. To that end, both sides:

• Plan to enhance network hygiene by promoting the cleaning and patching of malware infections in our respective networks and promoting best network protection practices.
• Propose to engage in regular reciprocal sharing of malicious IP addresses, malware samples, analytic products, and other network protection information, and to develop standard operating procedures to guide network protection cooperation.
• Seek to assess the effectiveness of information shared and provide substantive feedback to each side regarding the utility of that information.
• Plan to provide Principals with regular summaries of network protection cooperation.
• Intend to continue discussion on future cooperation concerning cybersecurity of critical infrastructure, and to provide timely assistance on cybersecurity incidents impacting critical infrastructure.
• Intend to hold, as early as possible in 2017, a U.S.-China government and technology company roundtable to discuss cybersecurity issues of mutual concern.

3. Misuse of Technology and Communications to Facilitate Violent Terrorist Activities.  Both sides acknowledged the seminar on misuse of technology and communications to facilitate violent acts of terrorism held in November 2016 in China, and decided to continue cooperation on information sharing in countering the use of the Internet for terrorist and other criminal purposes.  Both sides will consider holding a second seminar in 2017.

4. Hotline Mechanism.  Both sides welcomed the launch of the U.S.-China Cybercrime and Related Issues Hotline Mechanism, and decided to continue to use the hotline in accordance with the Work Plan.  Both sides will conduct routine review of the use of the hotline.

5. Dialogue Continuity.  Both sides recommend that the dialogue continue to be held each year, and that the fourth dialogue occur in 2017.
 

     MISSOULA—Erin Marie Bernhardt, 47, of Deer Lodge Montana, was sentenced to 14 months’ imprisonment, three years’ supervised release, and a $200 special assessment by Chief United States District Court Judge Dana L. Christensen on Thursday, December 8, 2016 for conspiring to distribute controlled substances—methamphetamine and Suboxone—into the Montana State Prison and accepting bribes for her role in the scheme.  The charges were part of a scheme where Bernhardt, an employee in the prison laundry, smuggled the controlled substances into inmates at the prison in exchange for bribes.   The crimes occurred between April and August 2015.

     The court previously sentenced another member of the conspiracy, Cordero Robert Metzker, to three years’ imprisonment for his role in the scheme.  Three other defendants—Rachel Ross, Lauren Hoskins, and Ian Barclay—have pleaded guilty to drug trafficking or bribery charges and will be sentenced in the near future.

     The charges against Bernhardt are the result of an investigation by the Federal Bureau of Investigation, the United States Postal Inspector, the Montana Department of Corrections-Division of Investigations, Montana State Prison Warden Leroy Kirkegard and his staff, and the Montana Division of Criminal Investigations.  Criminal Chief Assistant United States Attorney Joseph Thaggard and Assistant United States Attorney Jeffrey Starnes prosecuted the case.

     United States Attorney Michael Cotter stated, “This is an important case aimed at an ongoing effort to root out public corruption and exclude unlawful controlled substances from the Montana State Prison.  The sentence issued by the court sends a powerful message that those who introduce drugs into the prison will be investigated, prosecuted, and imprisoned.”  Cotter also praised the cooperation of the various agencies  that worked in unison to conduct the investigation and prosecution.

Cassius Samson, 52, and Rustico Ignacio, 66, both of the Philippines, were sentenced today by U.S. District Judge Malcolm Howard for the Eastern District of North Carolina to serve jail time for obstructing a U.S. Coast Guard inspection that took place in July 2015 aboard the cargo ship Ocean Hope at the Port of Wilmington, North Carolina.

Samson was sentenced to a term of 12 months in prison followed by a year of supervised release and Ignacio to a term of nine months followed by a year of supervised release.

Ignacio was the chief engineer and Samson the second engineer of the Ocean Hope.  In September 2016, both were convicted of conspiracy, violating the Act to Prevent Pollution from Ships, obstruction of justice and witness tampering, by a federal jury in Greenville, North Carolina.  The evidence showed that Ignacio and Samson attempted to cover up the dumping of tons of oil sludge and machinery space bilge water into the ocean before the ship arrived in the United States.  In addition, defendant Samson committed perjury at trial.

“These crewmembers egregiously violated U.S. and international pollution laws, obstructed justice and spoiled the marine waters upon which our planet and its marine life depend,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division.  “This case shows that polluting the ocean with oily waste and sludge will land you in jail, and that we will aggressively prosecute these serious crimes.” 

“Our office was pleased to partner with the Department of Justice’s Environment and Natural Resources Division in this significant case,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina.  “We will continue to vigorously enforce federal laws designed to prevent the pollution of the world’s oceans.”

Several lower-level engineering crewmembers testified at trial that Samson regularly ordered, with Ignacio’s knowledge and approval, the pumping of oily wastes into the ocean over a period of months.  On at least two occasions, Samson ordered the connection of a bypass hose, or “magic pipe,” to pump tons of thick sludge directly overboard.  Coast Guard inspectors and laboratory testing confirmed the presence of heavy oils in overboard discharge piping.

When the vessel arrived at the Port of Wilmington, the engineers ordered subordinates to lie to Coast Guard inspectors and to cover up evidence.  Chief Engineer Ignacio presented inspectors with a doctored oil record book, in which false accountings of the ship’s production and disposal of oily wastes were recorded.

“The Coast Guard applauds the efforts of the Department of Justice and all parties involved in investigating this case,” said Coast Guard Rear Admiral Meredith Austin, commander, 5th Coast Guard District in Portsmouth, Virginia.  “As an agency charged with the stewardship of the environment, we remain dedicated to detecting and preventing threats to the well-being of our nation's waters and marine resources.”

Also convicted at trial were Oceanic Illsabe Limited, the owner of the Ocean Hope, and Oceanfleet Shipping Limited, its managing operator.  Both shipping companies are based out of Greece.  Sentencing of the corporate defendants is scheduled for early January 2017.

This case was investigated by the U.S. Coast Guard Sector North Carolina, the Coast Guard Investigative Service and U.S. Coast Guard District Five.  Civil Chief Norman Acker and Assistant U.S. Attorney Michael Anderson for the Eastern District of North Carolina provided additional expertise and assistance with the pretrial phase of the case.  The attorneys prosecuting the case were Senior Trial Attorney Kenneth Nelson and Trial Attorney Brendan Selby, of the Department of Justice’s Environmental Crimes Section and Banu Rangarajan of the U.S. Attorney’s Office for the Eastern District of North Carolina.  

WASHINGTON – A Louisiana criminal defense attorney pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

Michael Thiel, 66, a resident of Baton Rouge, Louisiana, pleaded guilty to one count of evading the payment of federal income and employment taxes for 2003 through 2013.  According to documents filed with the court, Thiel operated a criminal defense law practice in Hammond, Louisiana.  Despite earning substantial income through his law practice, Thiel did not timely file income tax or employment tax returns, and did not timely pay tax due and owing to the United States.  Thiel agreed that as of April 30, he owed federal income tax, penalties and interest totaling $736,527, and employment tax, penalties and interest totaling $261,725.

In January 2007, in an effort to conceal the ownership of his property and evade the payment of his tax liabilities, Thiel used nominees and the trusts he beneficially owned to purchase his principal residence for $435,000.  The nominees obtained a mortgage on the principal residence, and used a nominee bank account beneficially funded by Thiel to make the payments. Thiel entered into a lease agreement with the nominees to falsely characterize the monthly mortgage payments as rent.  In addition, between January 2007 and January 2014, Thiel deposited $416,283.56 into the nominee bank account with funds from the trusts and other accounts not held in his name. 

“Michael Thiel, an attorney, ignored his federal tax obligations and willfully evaded payment of nearly a million dollars in income and employment tax through the use of nominee trusts and accounts,” said Principal Deputy Assistant Attorney General Ciraolo.  “With today’s guilty plea, Thiel is held to account for his criminal conduct, and the Department, working with its colleagues within the IRS, sends a clear message that no one is above the law.”

“Today’s guilty plea represents a win for the U.S. taxpayers,” said Special Agent in Charge Jerome R. McDuffie of IRS – Criminal Investigation, New Orleans Field Office. “As a member of the legal profession, Michael Thiel knew his requirement to pay both his personal income and employment taxes, but chose to use alter-ego nominee trusts and bank accounts to violate the laws. IRS – Criminal Investigation will continue to work diligently to ensure that individuals such as Mr. Thiel are held accountable for their wrongdoings, as well as pay their fair share in compliance with our nation’s tax laws.”

Sentencing is scheduled for March 22, 2017.  Pursuant to the plea agreement, Thiel faces a maximum sentence of 37 months in prison, as well as a period of supervised release and monetary penalties.

Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-CI, who conducted the investigation, and Assistant Chief Todd A. Ellinwood and Trial Attorney Michael Hatzimichalis, who are prosecuting the case. 

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

A Louisiana criminal defense attorney pleaded guilty today to tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

Michael Thiel, 66, a resident of Baton Rouge, Louisiana, pleaded guilty to one count of evading the payment of federal income and employment taxes for 2003 through 2013.  According to documents filed with the court, Thiel operated a criminal defense law practice in Hammond, Louisiana.  Despite earning substantial income through his law practice, Thiel did not timely file income tax or employment tax returns, and did not timely pay tax due and owing to the United States.  Thiel agreed that as of April 30, he owed federal income tax, penalties and interest totaling $736,527, and employment tax, penalties and interest totaling $261,725.

In January 2007, in an effort to conceal the ownership of his property and evade the payment of his tax liabilities, Thiel used nominees and the trusts he beneficially owned to purchase his principal residence for $435,000.  The nominees obtained a mortgage on the principal residence, and used a nominee bank account beneficially funded by Thiel to make the payments. Thiel entered into a lease agreement with the nominees to falsely characterize the monthly mortgage payments as rent.  In addition, between January 2007 and January 2014, Thiel deposited $416,283.56 into the nominee bank account with funds from the trusts and other accounts not held in his name. 

“Michael Thiel, an attorney, ignored his federal tax obligations and willfully evaded payment of nearly a million dollars in income and employment tax through the use of nominee trusts and accounts,” said Principal Deputy Assistant Attorney General Ciraolo.  “With today’s guilty plea, Thiel is held to account for his criminal conduct, and the Department, working with its colleagues within the IRS, sends a clear message that no one is above the law.”

“Today’s guilty plea represents a win for the U.S. taxpayers,” said Special Agent in Charge Jerome R. McDuffie of IRS – Criminal Investigation, New Orleans Field Office. “As a member of the legal profession, Michael Thiel knew his requirement to pay both his personal income and employment taxes, but chose to use alter-ego nominee trusts and bank accounts to violate the laws. IRS – Criminal Investigation will continue to work diligently to ensure that individuals such as Mr. Thiel are held accountable for their wrongdoings, as well as pay their fair share in compliance with our nation’s tax laws.”

Sentencing is scheduled for March 22, 2017.  Pursuant to the plea agreement, Thiel faces a maximum sentence of 37 months in prison, as well as a period of supervised release and monetary penalties.

Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-CI, who conducted the investigation, and Assistant Chief Todd A. Ellinwood and Trial Attorney Michael Hatzimichalis, who are prosecuting the case.        

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

 

The Justice Department and the government of Honduras announced a formal partnership today to protect workers from discrimination based on citizenship, immigration status and national origin.  Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and Honduran Charge D’Affaires Luís F. Cordero signed a memorandum of understanding (MOU) between the embassy and its consulates, and the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

As part of the MOU, OSC and the Honduran government will collaborate to educate workers about their employment rights and provide them with the resources needed to protect those rights.  The MOU also seeks to promote training for employers on their obligations under the anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship, immigration status and national origin.  Specifically, the MOU provides that:

•    OSC will train Honduran consular staff on the anti-discrimination provision of the INA, participate in events organized by Honduran consulates to educate workers and employers, and distribute educational materials to the embassy and its consulates.
•    The embassy will establish a system for referring discrimination claims from the embassy and consulates to OSC.

“We must stand in solidarity with workers who face unlawful obstacles and discriminatory barriers when seeking employment,” said Principal Deputy Assistant Attorney General Gupta.  “Our country thrives when all people have an equal opportunity to succeed.  Yet, all too often, we see employers refusing to hire work-authorized immigrants or requiring them to show unnecessary documentation to work.  This partnership will help educate workers about their rights and funnel complaints of discrimination to the Civil Rights Division.”

This agreement is particularly relevant given that Honduran nationals with temporary protected status (TPS) may encounter discrimination by employers based on their immigration status or national origin.  TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the INA.  During the TPS designation period, TPS beneficiaries are authorized to work in the United States.

In the last year, the department has also established formal partnerships with Ecuador, El Salvador and Mexico to empower and educate work-authorized individuals from those nations. 

OSC is responsible for enforcing the anti-discrimination provision of the INA.  Among other things, this law prohibits citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; discrimination in the employment eligibility verification process; retaliation and intimidation.  In addition to its enforcement work, OSC educates the public on its rights and responsibilities under the INA’s anti-discrimination provision.  

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

MOU Honduras

Cassandra Althea Palmer, a resident of Florida, pleaded guilty for her role in a Jamaican-based fraudulent lottery scheme, the Department of Justice announced today.  

Palmer, 33, pleaded guilty before U.S. District Court Judge Marcia G. Cooke in the Southern District of Florida to one count of conspiracy to commit mail and wire fraud in connection with a fraudulent lottery scheme.   An Information was filed on Oct. 26, charging Palmer with conspiracy to commit mail and wire fraud.   

“The Justice Department is committed to combatting international lottery fraud schemes preying on innocent Americans,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “The help of a co-conspirator in the United States makes it easier for these international fraud schemes to succeed.  We will continue to investigate and often prosecute individuals residing in the United States or abroad when they commit fraud against Americans.”

As part of her guilty plea, Palmer agreed that, had the case gone to trial, the United States would have proved the following facts beyond a reasonable doubt:  In February 2014, a woman from Worcester County, Maryland, was contacted by an individual in Jamaica and told that she had won a multi-million dollar lottery prize, and that in order to collect her lottery prize, she first had to pay taxes and fees.  The victim did not win a lottery prize and would not collect any winnings.  Palmer knew about the fraud scheme and agreed with her co-conspirator in Jamaica to participate in the scheme.  Palmer participated in the fraudulent scheme in a number of ways. Among other things, she worked with her co-conspirator in Jamaica, to recruit a friend in Maryland to receive $7,500 of the victim’s money.  She and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator. 

The fraudulent scheme ended when law enforcement officials learned of the fraud.  Officials set up a sting, in which an undercover police officer posed as the victim and met Palmer’s friend at a fast food restaurant parking lot in Maryland.  The purpose of the meeting was for the victim to hand over $32,500 in cash to Palmer’s friend in order for the victim to claim her purported lottery winnings.  Law enforcement arrested Palmer’s friend on the spot, after she received $32,500 in cash from the officer.

Palmer faces a statutory maximum punishment of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss resulting from the offense.  Palmer must also pay restitution to the victim.  Palmer’s sentencing is scheduled for March 22, 2017. 

“The U.S. Postal Inspection Service is dedicated as part of its mission to ensure that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Antonio J. Gomez of the Miami Division.  “It is imperative that we continue to work with our partners, both domestically and internationally, to protect our citizens who fall prey to these schemes so that the U.S. mail isn’t used in furtherance of them.”

This prosecution is part of the Department of Justice’s effort to work with federal and local law enforcement to combat fraudulent lottery schemes in Jamaica that prey on American citizens.  According to the U.S. Postal Inspection Service, Americans have lost tens of millions of dollars to fraudulent foreign lotteries.

Principal Deputy Assistant Attorney General Mizer commended the U.S. Postal Inspection Service, the U.S. Department of Homeland Security and the Maryland State Police, who conducted the investigation, as well as the U.S. Attorney’s Office for the Southern District of Florida.  The case was prosecuted by Trial Attorney David A. Frank and Counsel Melanie Singh of the Civil Division’s Consumer Protection Branch. 

For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.

 

 

 

 

Senior Vice President Agrees to Plead Guilty to Price-Fixing Conspiracy

The current senior vice president of sales of a leading packaged seafood company has agreed to plead guilty for his role in a conspiracy to fix the prices of packaged seafood such as canned tuna sold in the United States, the Department of Justice announced.

According to a one-count felony charge filed today in the U.S. District Court for the Northern District of California in San Francisco, Walter Scott Cameron and his co-conspirators agreed to fix the prices of packaged seafood from as early as 2011 until about 2013.  In addition to his guilty plea, which is subject to court approval, Cameron has agreed to pay a criminal fine and cooperate with the division’s ongoing investigation.  

“Today’s charge is the first to be filed in the Antitrust Division’s ongoing investigation into price fixing among some of the largest suppliers of canned tuna and other packaged seafood,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division.  “All consumers deserve competitive prices for these important kitchen staples, and companies and executives who cheat those consumers will be held criminally accountable.”
            
“FBI San Francisco Division echoes the comments of the Justice Department’s Antitrust Division,” said Special Agent in Charge John F. Bennett of the FBI’s San Francisco Division. “These charges demonstrate our continued commitment to investigate and pursue those individuals and companies seeking to victimize consumers through illegal business practices that threaten our community’s ability to pay fair prices for food for their families.”

According to the charge, Cameron and his co-conspirators discussed the prices of packaged seafood sold in the United States and agreed to fix the prices of those products.  The defendant and his co-conspirators negotiated prices and issued price announcements for packaged seafood in accordance with the agreements they reached. 

Today’s charge is the first to result from an ongoing federal antitrust investigation into the packaged seafood industry, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office.  Anyone with information on price fixing, bid rigging or other anticompetitive conduct related to the packaged seafood industry should contact the Antitrust Division’s Citizen Complaint Center at (888) 647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at (415) 553-7400.

Cameron Information

WASHINGTON – El Departamento de Justicia y el gobierno de Honduras anunciaron una asociación formal hoy para proteger a trabajadores de la discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen.  La Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, directora de la División de Derechos Civiles del Departamento de Justicia, y el Encargado de Negocios de Honduras, Luís F. Cordero, firmaron un memorando de entendimiento (MOU, por sus siglas en inglés) entre la embajada y sus consulados y la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con la Inmigración (OSC, por sus siglas en inglés), que pertenece a la División de Derechos Civiles.

Como parte del MOU, la OSC y el gobierno hondureño se comprometen a colaborar para educar a los trabajadores acerca de sus derechos laborales y brindarles los recursos necesarios para proteger tales derechos. Asimismo, el MOU procura promover la capacitación para empleadores en cuanto a sus obligaciones al amparo de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés), que prohíbe la discriminación en el empleo por motivos de ciudadanía, estatus migratorio o nacionalidad de origen.  En concreto, el MOU dispone que:

 

• La OSC capacitará al personal consular hondureño en lo que se refiere a la disposición antidiscriminatoria de la INA, participará en eventos organizados por los consulados hondureños para educar a los trabajadores y empleadores y distribuirá materiales educativos a la embajada y sus consulados.
• La embajada establecerá un sistema para referir denuncias de discriminación recibidas en la embajada y sus consulados a la OSC.

 

“Debemos demostrar nuestra solidaridad con los trabajadores que enfrentan obstáculos ilegales y barreras discriminatorias cuando buscan empleo,” declaró la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta.  “Nuestro país prospera cuando toda la gente tiene igualdad de oportunidades para tener éxito.  Sin embargo, en demasiadas ocasiones vemos cómo los empleadores se niegan a contratar a los inmigrantes con autorización para trabajar, o les obligan a presentar documentación innecesaria para poder trabajar.  Esta asociación ayudará a educar a los trabajadores acerca de sus derechos y canalizará sus denuncias de discriminación hacia la División de Derechos Civiles.”

Este acuerdo resulta particularmente pertinente dado que los nacionales hondureños con el estatus de protección temporal (TPS, por sus siglas en inglés) podrían enfrentar discriminación por parte de empleadores por motivos de su estatus migratorio o por su origen nacional.  El TPS es un estatus migratorio temporal que se extiende a nacionales elegibles de un país designado para el TPS al amparo de la INA.  Durante el período de designación del TPS, los beneficiarios del TPS están autorizados para trabajar en los Estados Unidos.

Durante el último año, el departamento también ha establecido asociaciones formales con el Ecuador, El Salvador y México para empoderar y educar a las personas provenientes de esas naciones que tienen autorización para trabajar.

La OSC es responsable de hacer cumplir la disposición antidiscriminatoria de la INA.  Entre otras cosas, esta ley prohíbe la discriminación por motivos de ciudadanía, estatus migratorio y origen nacional en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad para trabajar; las represalias y la intimidación.  Además de sus esfuerzos de cumplimiento, la OSC educa al público en cuanto a los derechos y las responsabilidades al amparo de la disposición antidiscriminatoria de la INA.

Para mayor información sobre las protecciones contra la discriminación en el empleo conforme a las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para las personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para las personas con discapacidades auditivas); inscríbase en un seminario en línea gratuito; envíe un correo electrónico a osccrt@usdoj.gov; o visite la página web de la OSC.

Memorandum of Understanding (en inglés)

 

Settlement Ensures that Alaska Will Have Incentive and Ability to Vigorously Compete with Larger Airlines 

The Department of Justice announced today that it will require Alaska Air Group Inc. to significantly reduce the scope of its codeshare agreement with American Airlines, the world’s largest airline, in order for Alaska to complete its $4 billion acquisition of Virgin America Inc.  The department said that these modifications will ensure that Alaska will have the incentive to vigorously compete with American as Virgin does today.

The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the merger, along with a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.  The merger of Alaska and Virgin would combine the nation’s sixth- and ninth-largest airlines, respectively, to create the fifth-largest U.S. carrier.

“Smaller airlines, such as Alaska and Virgin, provide a critical competitive check on the larger carriers,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division.  “Although this merger offers hope that a strengthened Alaska can be an even stronger competitor than before, because of Alaska’s extensive codeshare agreement with the world’s largest airline, the merger threatened to blunt important competition and reduce choices for consumers.  Today’s settlement ensures that Alaska has the incentive to take the fight to American and use Virgin’s assets to grow its network in ways that benefit competition and consumers.”

Alaska and Virgin have both tended to offer lower prices and better service than the larger airlines.  However, the complaint alleges that the codeshare agreement, which currently allows Alaska to market American flights on over 250 routes, creates incentives for Alaska to compete less aggressively on routes both carriers serve and to forgo launching new service in competition with American.  As a result of these incentives, the complaint alleges that Alaska and American often behave more like partners than competitors.

In contrast to Alaska, Virgin – which has a network that extensively overlaps with American’s network – has competed aggressively with American.  In particular, Virgin has vigorously competed with American on 20 nonstop routes served by both airlines.  This competition has forced American to offer consumers lower prices and better service on some of the most traveled routes in the country.  According to the complaint, the significant head-to-head competition between Virgin and American on these routes is due in part to the fact that Virgin holds essential and scarce assets, including airport gates and takeoff and landing rights known as “slots,” at key American strongholds.  Virgin acquired some of these assets, including gates at Dallas Love Field Airport and slots at Washington Reagan National Airport and New York’s LaGuardia Airport, as part of the settlement of the department’s lawsuit challenging the 2013 merger of American and US Airways.  The complaint alleges that the extensive codeshare relationship between Alaska and American would cause Alaska to compete less vigorously with American than does Virgin today, resulting in lower quality service and/or higher prices on the routes where Virgin and American currently compete.  The complaint also alleges that the codeshare would make Alaska less likely than Virgin to launch new service in direct competition with American.  

To address the transaction’s likely competitive harm, the proposed settlement requires Alaska to significantly reduce the scope of the codeshare agreement.  Specifically, in order to reduce Alaska’s overall dependence on the codeshare and limit Alaska’s incentives to cooperate with American, the proposed settlement prohibits Alaska and American from codesharing on routes where Virgin and American compete today and on routes where Alaska would otherwise be likely to launch new service in competition with American following the merger.  At the same time, the settlement permits Alaska and American to continue codesharing in limited circumstances where it is unlikely to lead to competitive harm and may offer some benefits to consumers.  For example, the settlement would permit either airline to rely on the codeshare to serve destinations it would otherwise be unlikely to serve on its own in the near term.  The department explained that this last type of codesharing can potentially benefit consumers by extending each carrier’s network and is less likely to lead to anticompetitive harm. 

To preserve the competitive benefits brought about by the divestures to Virgin as part of the American-US Airways settlement, the proposed settlement requires Alaska to obtain the department’s approval before selling or leasing any of the gates or slots that were divested to Virgin and expressly prohibits Alaska from transferring any interest in the assets to American.  This requirement ensures that American does not directly or indirectly regain control of the assets it divested to Virgin to settle the department’s challenge to the American-US Airways merger.  

Alaska is a Delaware corporation headquartered in Seattle.  Last year, Alaska flew over 31 million passengers to approximately 112 locations worldwide, taking in more than $5.5 billion in revenue.

Virgin is a Delaware corporation headquartered in Burlingame, California.  Last year, Virgin flew over 7 million passengers to approximately 24 locations worldwide, taking in more than $1.5 billion in revenue.  Virgin is one of several entities bearing the “Virgin” name pursuant to a licensing agreement with the Virgin Group, which owns approximately 18 percent of Virgin’s outstanding voting common stock.  Although other airlines, such as Virgin Atlantic Airways, bear the Virgin name, they operate separately from Virgin America.

As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement within 60 days of its publication to Kathleen O’Neill, Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8000, Washington, D.C. 20530.  At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.

Alaska-Virgin CIS

Alaska-Virgin Complaint

Alaska-Virgin Explanation

Alaska-Virgin PFJ

Alaska-Virgin Stipulation 

 

 

 

 

 

The Justice Department’s Community Relations Service (CRS) released three videos today highlighting the impact of their work in Sanford, Florida; Duluth, Minnesota; and Jackson, Mississippi.  These videos provide a sample of the successful services provided by CRS and the lasting impact made on communities.

“As the department’s ‘peacemaker’ for community conflicts and tensions, the Community Relations Service has one of the most demanding and critical jobs in the Department of Justice,” said Attorney General Loretta E. Lynch.  “By bringing together stakeholders from all walks of life for peaceful dialogue and meaningful cooperation, CRS helps give divided communities a chance to embark on a more hopeful and united path.  For over 50 years, they have met the needs of communities across the country with unfailing skill and unflagging dedication.  Our nation is a more just and peaceful place because of their efforts, and I want to thank CRS for its outstanding contributions throughout this administration.”

CRS’ involvement in Sanford followed the death of Trayvon Martin in 2012 and focused on building a relationship between faith leaders in the community and the city’s law enforcement.  The video features interviews with Sanford’s Mayor, City Manager, the County Sherriff and members of the faith community who highlight CRS’ effort to institute regular meetings to discuss the legal proceedings which ensured open dialogue between law enforcement and local clergy.  CRS also negotiated courtroom seating access for faith leaders so that they could gain firsthand knowledge of the trial and disseminate that information – free of misleading rumors – to their congregations and the community at large.  In the video, Sanford’s City Manager, Norton Bonaparte, stressed that CRS was there to assist, but remained neutral while working to strengthen trust and facilitate discussions between law enforcement and the community.

CRS went to Duluth in response to a race-related cyber bullying incident involving the dissemination via social media of an offensive image at Denfeld High School.  In response, CRS conducted a Student Problem Identification and Resolution of Issues Together (SPIRIT) program.  The SPIRIT program brought together more than 100 students, faculty, administrators and community leaders to discuss the inflammatory image as well as larger issues of race and class.  In the video, the Principal of Denfeld High School Tonya Sconiers described CRS as a “catalyst for real change,” and encouraged other communities to reach out to CRS before, during and after times of crisis to ease tensions and build trust.

In Jackson, CRS facilitated a training for local law enforcement to help foster a stronger relationship with and better serve the transgender community.  Unlike in Sanford or Duluth, CRS’ involvement was not prompted by a particular incident.  Rather, leaders in Jackson raised concerns about the relationship between law enforcement and the transgender community, and proactively requested the training to improve understanding and avoid future issues.  CRS led the training alongside local transgender community partners, who are shown in the video leading portions of the session.  In the video, the local transgender trainers discuss the importance of their inclusion in the training, highlighting that it gave them the chance to speak for themselves and gave law enforcement the opportunity to engage in open dialogue with their community.

CRS was established under Title X of the Civil Rights Act of 1964 to resolve “disputes, disagreements or difficulties relating to discriminatory practices based on race, color or national origin.”  It is not an investigatory or prosecutorial agency, and it does not have any law enforcement authority.  Rather, CRS works with all parties, including state and local governments, private and public organizations, civil rights groups and local community leaders to uncover the underlying interests of all of those involved in the conflict and facilitate solutions to the community's challenges.  Under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, CRS assists communities in developing local mechanisms and community capacity to prevent tension and violent hate crimes from occurring in the future.  CRS works in all 50 states and the U.S. territories, and in communities large and small, rural, urban and suburban.

The Justice Department reached an agreement with the Watson Chapel, Arkansas, School District to ensure that the district does not discriminate on the basis of race in its administration of school discipline.  The consent order, approved today by the District Court for the Eastern District of Arkansas, will replace the use of punitive discipline with more positive approaches as part of an overall focus on improving student achievement and school climate.  

The consent order is intended to address the remaining issues in the school desegregation case in Watson Chapel, and when fully implemented, will lead to the closing of that case.  As part of the consent order, the district will be required to:

•    implement a classroom management system that focuses on interventions and supports;  •    eliminate out-of-school suspensions for offenses that do not involve or threaten safety;  •    stop the use of corporal punishment, which has been disproportionately applied against black students and undermined the creation of a positive school climate; •    assess the district’s support services for students with disabilities to ensure that students, particularly students of color, are not disciplined for their disabilities; •    enter into an agreement with the law enforcement agencies that provide School Resource Officers (SROs) to the district that makes clear that SROs will not become involved in enforcing school discipline rules and prevents students from being arrested for minor misconduct; and 
•    conduct outreach to students, parents and community members to explain and solicit feedback on the district’s disciplinary policies and procedures. 

“For far too long, some school districts have used overly punitive and ineffective discipline practices that prevent students of color from reaching their full potential,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division.  “We commend the Watson Chapel School District for committing to create an equal, supportive and inclusive learning environment for all.” 

The court will retain jurisdiction over the consent order during its implementation, and the Justice Department will monitor the district’s compliance.  The consent order is expected to take three years to implement. 

The enforcement of Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, national origin, sex and religion in public schools, is a top priority of the Civil Rights Division.  Additional information about the Justice Department’s Civil Rights Division is available at www.justice.gov/crt.

Watson Chapel Consent Order

Attorney General Loretta E. Lynch today released the following statement regarding the decision by the Department of the Army in the Dakota Access Pipeline matter:

“In light of today's decision by the Department of the Army regarding the Dakota Access Pipeline, the Department of Justice will continue to monitor the situation in North Dakota in the days ahead and we stand ready to provide resources to help all those who can play a constructive role in easing tensions.

“The department remains committed to supporting local law enforcement, defending protestors’ constitutional right to free speech and fostering thoughtful dialogue on the matter.  We recognize the strong feelings that exist in connection with this issue, but it is imperative that all parties express their views peacefully and join us in support of a deliberate and reasonable process for de-escalation and healing. 

“The safety of everyone in the area – law enforcement officers, residents and protesters alike – continues to be our foremost concern.”

Jeffrey Wilson and Craig Ducey were sentenced to serve prison terms of 120 months and 74 months, respectively, for their roles in multi-million dollar fraud schemes involving: biodiesel tax credits, renewable fuel credits and shares of Imperial Petroleum Inc., announced Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Josh Minkler for the Southern District of Indiana. Yesterday, Chad Ducey was sentenced to an 84-month prison term for his role in the same schemes.  These defendants were the last to be sentenced from a gaggle of seven charged co-conspirators.  The others, Joseph Furando, Katirina Tracy, Brian Carmichael and Chris Ducey were sentenced at prior hearings.  Although charged in three separate cases, all the defendants were involved in fraud involving federal incentives to produce renewable fuels, specifically biodiesel.

Today’s sentences were the first to address securities fraud charges leveled against Wilson and Craig Ducey.  That fraud stemmed from lies those defendants told in the course of their dealings with investors, auditors and the Securities and Exchange Commission, while representing Imperial Petroleum.  Wilson, the President and Chief Executive Officer of Imperial Petroleum, was the person who drafted and certified the accuracy of Imperial’s quarterly and annual reports and made those reports available to the investing public through filings with the Securities and Exchange Commission (SEC).  He also lied to the company’s outside auditor to keep him from learning of the scheme.  At a jury trial in July 2016, he was convicted for his role in the fraud.  In April 2015, Craig Ducey admitted to related crimes and began cooperating with the United States; he testified at Wilson’s at trial and the court recognized his substantial assistance in giving him a lower sentence than Wilson.

"Biodiesel has the potential to make the nation’s transportation sector more sustainable, while decreasing our dependence on foreign energy sources, but only if done right,” said Assistant Attorney General Cruden.  “The defendants’ fraud in these cases not only cheated customers, investors and taxpayers, it set renewable fuel efforts back for the entire nation.  At a time when Americans should have been working together to have clean, sustainable and safe energy, the defendants chose to line their own pockets.  Prison is the appropriate consequence.”

“Today’s sentencing is the final chapter in a complex scheme involving phony renewable fuel credits,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “The Renewable Fuel Standard is designed to reduce greenhouse gases, fight climate change and reduce our dependence on foreign oil.  EPA and its partners are committed to protecting the integrity of this important program and to ensuring a level playing field for honest companies.”

“Indiana is not the place to try to fool the investing public,” said U.S. Attorney Minkler, “Here, we expect executives to care about shareholders and to be upfront and honest about what the companies they manage are doing.  Today, Jeffrey Wilson and Craig Ducey learned where the other path, the path of deceit, leads.”

As shown at Wilson’s trial, the securities fraud began when Wilson learned that e-biofuels LLC—a business that Wilson arranged for Imperial Petroleum to buy—was faking paperwork to claim incentives for biodiesel it had not manufactured.  Put another way, Wilson learned that the e-biofuels managers fraudulently claimed millions in federal tax rebates and other incentives that had no basis in real manufacturing. Knowing that it was much more profitable for e-biofuels to fraudulently claim government incentives on biodiesel that had been made by somebody else, Wilson directed the e‑biofuels managers to move more and more gallons of such fuel rather than incur the cost associated with legitimate biodiesel production.  Despite their knowledge that the e-biofuels facility was dormant, Wilson and Craig Ducey told investors, auditors and SEC that it made millions of gallons a month from raw materials like chicken fat.  This defrauded biodiesel buyers—who were duped into taking bad tax credits and renewable fuel credits—and also defrauded investors, who would never have invested in Imperial Petroleum had they known its profits were based on sham manufacturing.

On Thursday, Chad Ducey was sentenced for his role in the underlying wire, tax fraud and environmental crime that were hidden by the securities fraud (he was not charged with securities fraud).  Chad Ducey owned e-biofuels, together with his brother Craig Ducey, until they sold it to Imperial Petroleum in a deal that Wilson organized.  Chad Ducey was intimately familiar with how the e-biofuels facility worked and knew that it was not manufacturing biodiesel between July 2010 and June 2011.  Nevertheless, he twice persuaded an outside engineer that the facility was a biodiesel producer as essential steps to registering and claiming renewable fuel incentives.

In addition, as shown during Wilson’s trial, Chad Ducey worked with Wilson and others to try to establish “beachheads” in Texas.  A beachhead would have been a fuel transload facility used to disguise the transfer of biodiesel to an e-biofuels customer from a Texas fuel terminal where it was purchased.  Essentially, a brief stop at the beachhead would have stood in for actual biodiesel production. Chad Ducey traveled to Texas in order to scout sites for the transload facility.  Workers at e-biofuels called these remote, no-production transfers “ghost loads” and the transload facility was planned to hide those loads.  Ghost loads occurred in Texas and between fuel terminals and e-biofuels customers in Illinois, Indiana and Pennsylvania.

“Today’s sentencing represents the culmination of a five-year investigation of the largest tax and securities fraud scheme in Indiana history,” said Special Agent in Charge W. Jay Abbott of the Indianapolis Office of the Federal Bureau of Investigation (FBI).  “The FBI collaborated with our partner agencies from the beginning to uncover the significant and widespread fraudulent activity.  The complexity and magnitude of this scheme required extensive forensic accounting and computer forensic work.  The FBI will continue to thoroughly investigate individuals that commit illegal acts by stealing money from individuals, businesses, and government programs.”   

“Imperial Petroleum’s top executive played a key role in this massive scheme to deceive investors,” said Regional Director David Glockner of the SEC Chicago Regional Office.  “The SEC was pleased to participate in a multi-agency effort to hold him accountable.”

“The sentencings handed down send a loud message that IRS Criminal Investigation operates year round to protect the integrity of our tax system and today is a victory for the American people” said Special Agent in Charge James Robnett for the Internal Revenue Service-Criminal Investigation (IRS-CI).  “The object of the defendant’s schemes was to defraud the government, the IRS and the taxpaying public.  IRS-CI together with the cooperative efforts of our law enforcement partners, identified and vigorously investigated and put a stop to the fraud and those involved in this scheme.”

The wire fraud, tax fraud, securities fraud and environmental crime investigation that culminated in this week’s sentencing hearings began in January 2012, when investigators from the FBI, the Environmental Protection Agency’s (EPA) Criminal Investigation Division, IRS-CI and the SEC began meeting with a whistleblower whose statements were corroborated by government agency data.  That led the investigative team to conclude that e-biofuels had engaged in sham manufacturing and tax fraud.  Based on intense work at the beginning of the investigation, the team obtained a multi-state search warrant in May 2012, which yielded substantial additional evidence and witness accounts.  For over a year, prosecutors and attorneys from the U.S. Attorney’s Office for the Southern District of Indiana, the Environmental Crimes Section of the Department of Justice and SEC pursued the investigation of this matter with special agents of the FBI, EPA, and IRS.  Their work involved nearly 100 witness interviews and the review of millions of documents.

The United States approached targets of the investigation and sought pre-indictment plea agreements with them.  Ultimately, one defendant, Brian Carmichael, entered into a plea agreement before indictment.  The others were indicted in September of 2013.  After multiple continuances sought by the defendants and one additional plea, the first case, involving tax fraud, wire fraud and false statements under the Clean Air Act, was set for a final trial date of May 2015.  Ultimately, all of the defendants in that case pleaded guilty before trial.  The second case, which was the case against Jeffrey Wilson for securities fraud, was scheduled for trial and then continued at the defendant’s request.  It was continued and ultimately set for a final trial date of July 2016.  In a two-week trial, the United States presented evidence that Wilson had lied to investors in person, through filings he created for his publicly traded company and indirectly through company auditors.  Wilson was convicted of fraud in the offer and sale of securities, falsely certifying annual and quarterly reports filed with SEC, lying to a public company’s outside auditor and making false statements to investigators. Today’s sentencing hearing establishes Wilson’s punishment for those convictions.

According to Senior Litigation Counsel Steven Debrota, Thomas Ballentine, Assistant Section Chief of the Environmental Crimes Section of the department’s and Jake Schmidt, SEC Senior Attorney, who prosecuted this case for the government, Wilson must pay $16 million in restitution.

Attorney General Loretta E. Lynch today released the following video statement after phone calls to Morton County Sheriff Kyle Kirchmeier and the Standing Rock Sioux Tribal Chairman David Archambault II, in which she discussed ways to reduce the potential for violence surrounding the Dakota Access Pipeline protests and to begin a dialogue that fosters mutual understanding and public safety:

“As winter begins to take hold in the Great Plains, I want to take a moment to speak to you about the protests surrounding the Dakota Access Pipeline – and about the Justice Department’s ongoing commitment to supporting local law enforcement; to defending constitutionally guaranteed speech; and to maintaining strong and vibrant relationships with American Indians and Alaska Natives.

“For the last several months, the Department of Justice has been monitoring the situation in North Dakota closely, and we remain in close communication with law enforcement officials, tribal representatives, and protesters in an effort to reduce tensions and foster dialogue.  We continue to support the protestors’ constitutional right to free speech, and we expect everyone involved to exercise restraint, to refrain from violence and to express their views peacefully. 

“Let me stress that violence is never the answer and that all of us have a responsibility to find common ground around a peaceful resolution where all voices are heard.  Our first concern is the safety of everyone in the area – law enforcement officers, residents and protesters alike.

“To that end, the Department of Justice has offered community policing resources to local law enforcement in North Dakota, and we have made strenuous efforts to open lines of communication and dialogue between law enforcement, tribal leaders and protesters.  This includes the active engagement of the Office of Community Oriented Policing Services – or COPS Office – and the deployment of conciliators from the Community Relations Service to North Dakota.  Those efforts will continue in the days ahead.

“In addition, today, I have directed senior department officials from the Office of Tribal Justice, the COPS Office, the Community Relations Service and the local U.S. Attorney to continue to address concerns that have been raised; to re-deploy to the region as needed; and to help support constitutional law enforcement, prevent violence, and to preserve peace and liberty in the protest area. 

“We recognize the strong feelings that exist about the Dakota Access Pipeline – feelings that in many instances arise from the complicated and painful history between the federal government and American Indians.  We will remain committed to working with all stakeholders to enforce the law; to maintain the peace; and to reach a just solution to this challenging situation.”

The Attorney General’s video statement regarding the Dakota Access Pipeline protests can be viewed here.

Virgil Flaviu Georgescu, a Dual U.S.-Romanian Citizen, Agreed to Provide Military-Grade Weapons to be Used to Shoot Down American Aircraft in Colombia

Virgil Flaviu Georgescu, 43, was sentenced to 10 years in prison for conspiring to sell large quantities of military-grade weaponry to the Fuerzas Armadas Revolucionarias de Colombia (FARC), a designated foreign terrorist organization, to be used to kill Americans in Colombia.  Georgescu was sentenced today in Manhattan federal court by U.S. District Court Judge Ronnie Abrams.

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord and U.S. Attorney Preet Bharara for the Southern District of New York.

“Virgil Flaviu Georgescu was convicted by a unanimous jury of conspiring to sell the FARC military weapons, including anti-aircraft cannons and rocket propelled grenades, to be used against American personnel and aircraft,” said U.S. Attorney Bharara.  “Having sought to profit from the murder of U.S. officers abroad, Georgescu will now spend years in a U.S. prison.”

According to the allegations in the Indictment, other documents publicly filed in Manhattan federal court, and the evidence introduced at trial:

Between May 2014 and December 2014, Georgescu, a Romania-based weapons broker, conspired with his co-defendants, a former Romanian government official and a former member of the Italian Parliament, to sell an arsenal of weapons, including machine guns and anti-aircraft cannons, to the FARC, with the understanding that the FARC would use the weapons against United States personnel in Colombia.  During a series of recorded telephone calls and in-person meetings, Georgescu and his co-conspirators agreed to sell the weapons to three confidential sources (CSs), who represented that they were acquiring these weapons for the FARC but were, in fact, working with the Drug Enforcement Administration (DEA).  Georgescu and his co-conspirators agreed to provide these weapons to the CSs with the specific understanding that the weapons would be used to kill Americans and, in particular, to shoot down American helicopters and airplanes.

Georgescu first spoke with a CS in May 2014.  Thereafter, Georgescu recruited both of his co-conspirators to help obtain the weapons for the CSs, with the understanding that the former Romanian government official would provide weapons expertise and the former Italian member of Parliament would help secure fraudulent end-user certificates, in order to make the illegal sale of weapons look legitimate.  Georgescu instructed his co-conspirators and others involved in the deal to use encrypted applications when communicating about the weapons deal to avoid detection by U.S. authorities.

Over the course of five consensually-recorded meetings with the CSs in Romania and Montenegro, Georgescu and his co-conspirators provided the CSs with catalogues of weapons that included anti-aircraft cannons, rocket propelled and thermobaric grenades and other high-powered weapons, as well as military-grade optical equipment.  During these meetings, the CSs explained that the arms would be used to kill Americans and Georgescu offered his thoughts on what weapons would best suit the FARC’s needs.

Between September 2014 and December 2014, Georgescu and his co-conspirators traveled to Romania, Montenegro, Italy, Germany, Albania, Poland and Bulgaria to advance the weapons deal.  During this period, the co-conspirators met with weapons suppliers, obtained sample fraudulent end-user certificates and test-fired military-grade rifles.  In December 2014, Georgescu and his co-conspirators secured a signed contract from a European weapons supplier to provide more than $17 million dollars’ worth of weapons to a straw purchaser.  After obtaining the signed contract, Georgescu and one of his co-conspirators secretly altered the document in order to increase the conspirators’ personal profits from the weapons sale.  On Dec. 15, 2014, Georgescu met with the CSs, showed them the contract and discussed means of payment and transportation of the weapons to Colombia.

*                      *                      *

Georgescu was arrested by Montenegrin authorities on the charges in the indictment on Dec. 15, 2014, and extradited to the United States on Feb. 25, 2015.  On May 25, following a 10-day jury trial in Manhattan federal court before Judge Abrams, Georgescu was convicted of one count of conspiracy to kill United States officers or employees and one count of conspiracy to provide material support or resources to a designated foreign terrorist organization.  In addition to the prison term, Georgescu was sentenced to three years of supervised release.

Acting Assistant Attorney General McCord and U.S Attorney Bharara praised the outstanding investigative efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit, the DEA’s Bucharest Country Office, the DEA’s Rome Country Office, the Montenegrin National Police, and the Romanian Authorities.  U.S Attorney Bharara also thanked the Counterterrorism Section of the Department of Justice’s National Security Division and the Department of Justice’s Office of International Affairs.

This prosecution is being handled by the office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Andrea Surratt and Ilan Graff are in charge of the prosecution, with assistance from Trial Attorneys Josh Parecki and Benita Corlett of the Counterterrorism Section.

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of James McHenry as an administrative law judge (ALJ) in EOIR’s Office of the Chief Administrative Hearing Officer (OCAHO), effective Nov. 14, 2016.

“We are excited to welcome Administrative Law Judge James McHenry to our team,” said Chief Administrative Hearing Officer Robin M. Stutman. “His arrival will greatly increase OCAHO’s capacity to adjudicate cases of illegal hiring and employment eligibility verification violations, complaints of discrimination based on an individual’s citizenship status or national origin or over-documentation in the employment eligibility verification process, and allegations of immigration-related document fraud.”

Biographical information follows.

James McHenry, Administrative Law Judge

James McHenry was appointed as an administrative law judge (ALJ) for the Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), in November 2016. Judge McHenry earned a Bachelor of Science degree in 1997 from the Georgetown University School of Foreign Service, a Master of Arts degree in 2003 from the Vanderbilt University Graduate School, and a Juris Doctor in 2003 from the Vanderbilt University Law School. From February to November 2016, he served as an ALJ for the Office of Disability Adjudication and Review, Social Security Administration, in Baltimore, and previously from 2014 to February 2016, in Greenville, S.C. From 2010 through 2014 he served as a senior attorney for the Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2010 through 2011, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of Georgia, DOJ, in Atlanta. From 2005 through 2010, he served as an assistant chief counsel for OPLA, ICE, DHS, in Atlanta. From 2004 through 2005, he served as an attorney advisor for the Office of the Chief Immigration Judge (OCIJ), EOIR, DOJ, in Baltimore. From 2003 through 2004, he served as a judicial law clerk for OCIJ, EOIR, DOJ, in Buffalo, entering on duty through the Attorney General’s Honors Program. Judge McHenry is a member of the Tennessee State Bar.

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Slawson Exploration Company Inc. resolving alleged Clean Air Act violations stemming from the company’s oil and gas production activities in North Dakota, including on the Fort Berthold Indian Reservation.  The settlement resolves claims that Slawson failed to adequately design, operate and maintain vapor control systems on its storage tanks at its approximately 170 oil and natural gas well pads in North Dakota, resulting in emissions of volatile organic compounds (VOCs).  VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.

As part of this settlement, Slawson’s total expenditures on system upgrades, monitoring and inspections are estimated to be $4.1 million.  These improvements will significantly reduce VOC emissions and include the use of advanced technology such as infrared cameras and electronic pressure monitors to better detect and respond to air emissions.  In addition, Slawson will spend at least an estimated $2 million to fund environmental mitigation projects and pay a $2.1 million civil penalty.

“Safe, responsible, and lawful development of domestic energy resources and technology is of great importance to a sustainable future for all Americans,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “This Clean Air Act agreement will bring better air quality and lasting health benefits to communities in North Dakota, including the people of the Three Affiliated Tribes.”

“This settlement puts Next Generation Compliance technologies to work to reduce air pollution across communities in North Dakota, including on tribal lands,” said Assistant Administrator Cynthia Giles for the Office of Enforcement and Compliance Assurance at EPA.  “EPA is committed to making sure that domestic energy development grows in a responsible way that protects public health and complies with the law.”

EPA estimates Slawson’s system upgrades, many of which are already in place, will reduce the emission of at least 11,700 tons of VOCs, 400 tons of hazardous air pollutants, primarily benzene, toluene, ethylbenzene and xylenes and 2,600 tons of methane annually. Improved operation and maintenance will result in additional emissions reductions, as will the replacement of all pit flares used to control emissions from storage tanks.

Many of Slawson’s North Dakota wells are located on the Fort Berthold Indian Reservation; governed by the Mandan, Hidatsa, and Arikara Nation. Nearly all of the electronic pressure monitors will be installed at operations on the Fort Berthold Indian Reservation; Slawson will replace all pit flares on the Fort Berthold Indian Reservation with control devices capable of achieving greater efficiency.  These measures, in addition to the other injunctive relief and mitigation projects Slawson will carry out on the Fort Berthold Indian Reservation, will result in a substantial reduction in harmful emissions.

Slawson’s oil and natural gas production operations in North Dakota use storage tanks to store produced oil and water prior to transport. Multiple storage tanks are typically present at a well pad and are frequently controlled by the same vapor control system.  Today’s settlement resolves alleged violations at all of Slawson’s well pads in North Dakota with wells in production.

This settlement is part of EPA’s national enforcement initiative to reduce public health and environmental impacts from energy extraction activities. For more information about EPA’s enforcement initiative, click here: http://www2.epa.gov/enforcement/national-enforcement-initiative-ensuring-energy-extraction-activities-comply.

The proposed consent decree, lodged in the U.S. District Court for the District of North Dakota, is subject to a 30-day public comment period and approval by the federal court. Information about submitting a public comment is available at:  www.justice.gov/enrd/consent-decrees

For more information on this settlement:  https://www.epa.gov/enforcement/slawson-exploration-company-inc-clean-air-act-settlement.

Princess Cruise Lines Ltd. (Princess) has agreed to plead guilty to seven felony charges stemming from its deliberate pollution of the seas and intentional acts to cover it up. Princess will pay a $40 million penalty– the largest-ever criminal penalty involving deliberate vessel pollution – and plead guilty to charges related to illegal dumping of oil contaminated waste from the Caribbean Princess cruise ship.  The plea agreement was announced today by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida in Miami, Florida.

Princess, headquartered in Santa Clarita, California, is a subsidiary of Carnival Corporation (Carnival), which owns and operates multiple cruise lines and collectively comprises the world’s largest cruise company.  Carnival is headquartered in Miami.  As part of the plea agreement with Princess, cruise ships from eight Carnival cruise line companies (Carnival Cruise Line, Holland America Line N.V., Seabourn Cruise Line Ltd. and AIDA Cruises) will be under a court supervised Environmental Compliance Program (ECP) for five years.  The ECP will require independent audits by an outside entity and a court appointed monitor.

The charges to which Princess will plead guilty concern the Caribbean Princess cruise ship which visited various U.S. ports in Florida, Maine, Massachusetts, New Jersey, New York, Puerto Rico, Rhode Island, South Carolina, Texas, U.S. Virgin Islands and Virginia.  The U.S. investigation was initiated after information was provided to the U.S. Coast Guard by the British Maritime and Coastguard Agency (MCA) indicating that a newly hired engineer on the Caribbean Princess reported that a so-called “magic pipe” had been used on Aug. 23, 2013, to illegally discharge oily waste off the coast of England.  The whistleblowing engineer quit his position when the ship reached Southampton, England.  The chief engineer and senior first engineer ordered a cover-up, including removal of the magic pipe and directing subordinates to lie.  The MCA shared evidence with the U.S. Coast Guard, including before and after photos of the bypass used to make the discharge and showing its disappearance.  The U.S. Coast Guard conducted an examination of the Caribbean Princess upon its arrival in New York City, New York, on Sept. 14, 2013, during which certain crew members continued to lie in accordance with orders they had received from Princess employees.  

According to papers filed in court, the Caribbean Princess had been making illegal discharges through bypass equipment since 2005, one year after the ship began operations.  The discharge on Aug. 26, 2013, involved approximately 4,227 gallons, 23 miles off the coast of England within the country’s Exclusive Economic Zone.  At the same time as the discharge, engineers simultaneously ran clean seawater through the ship’s overboard equipment in order to create a false digital record for a legitimate discharge.

Caribbean Princess used multiple methods over the course of time to pollute the seas.  Prior to the installation of the bypass pipe used to make the discharge off the coast of England, a different unauthorized valve was used.  When the Department of Justice investigative team conducted a consensual boarding of the ship in Houston, Texas, on March 8, 2014, they found the valve that crew members had described.  When it was removed by Princess at the department’s request, it was found to contain black oil.  

In addition to the use of a magic pipe to circumvent the oily water separator and oil content monitor required pollution prevention equipment, the U.S. investigation uncovered two other illegal practices which were found to have taken place on the Caribbean Princess as well as four other Princess ships – Star Princess, Grand Princess, Coral Princess and Golden Princess.  One practice was to open a salt water valve when bilge waste was being processed by the oily water separator and oil content monitor.  The purpose was to prevent the oil content monitor from otherwise alarming and stopping the overboard discharge.  This was done routinely on the Caribbean Princess in 2012 and 2013.  The second practice involved discharges of oily bilge water originating from the overflow of graywater tanks into the machinery space bilges.  This waste was pumped back into the graywater system rather than being processed as oily bilge waste.  Neither of these practices were truthfully recorded in the oil record book as required.  All of the bypassing took place through the graywater system which was discharged when the ship was more than four nautical miles from land.  As a result, discharges within U.S. waters were likely.  

“The pollution in this case was the result of more than just bad actors on one ship,” said Assistant Attorney General Cruden.  “It reflects very poorly on Princess’s culture and management.  This is a company that knew better and should have done better.  Hopefully the outcome of this case has the potential not just to chart a new course for this company, but for other companies as well.”

“The conduct being addressed today is particularly troubling because the Carnival family of companies has a documented history of environmental violations, including in the Southern District of Florida,” said U.S. Attorney Ferrer.  “Our hope is that all companies abide by regulations that are in place to protect our natural resources and prevent environmental harm.  Today’s case should send a powerful message to other companies that the U.S. government will continue to enforce a zero tolerance policy for deliberate ocean dumping that endangers the countless animals, marine life and humans who rely on clean water to survive.”

“The safety, security and environmental stewardship of our ports, waterways and oceans is an important Coast Guard mission set and the complexity of the challenges we face today requires a global unity of effort among law enforcement partners,” said Rear Admiral Scott Buschman Commander, Coast Guard District Seven.  “I sincerely thank the U.S. Attorney and the United Kingdom Maritime and Coastguard Agency for your leadership, your collaboration and the hard work put forth to reach a plea agreement with significant penalties that serve as a clear warning to all polluters.”

“This shows just how well the U.K. and U.S. can work together on these kind of cases,” said Jeremy Smart, head of enforcement at the Maritime & Coastguard Agency of the United Kingdom.  “It also sends a clear message to the industry that this kind of pollution practice will not be tolerated anywhere in the world.  It also shows that we will always take any information we are given by those who report such practices to us very seriously and will act upon it.”

In addition to the criminal information, a plea agreement and joint factual statement were today filed in court in Miami.  Photographs of some of the evidence provided by the whistleblower and obtained by the government were also filed in federal court.  In the factual statement, Princess also admitted to the following:

• Illegal discharges took place on the Caribbean Princess dating back to 2005, one year after the vessel started operations, as part of a conspiracy to violate the Act to Prevent Pollution from Ships and to obstruct justice.

• Different bypass methods were used over the course of time, including a “magic pipe” used to transfer oily waste overboard.

• After learning that an engineer had blown the whistle, senior ship engineers dismantled the bypass pipe and instructed crew members to lie. 

• Prior to the MCA boarding, the chief engineer and senior first engineer ordered crew members to lie.  Following the MCA’s inquiry, the chief engineer held a sham meeting in the engine control room to pretend to look into the allegations while holding up a sign stating: “LA is listening.”  The engineers present understood that anything said might be heard by those at the company’s headquarters in Los Angeles, California, because the engine control room contained a recording device intended to monitor conversations in the event of an incident. 

• When using the magic pipe, engineers processed sea water through the oily water separator in order to create a digital record to account for the missing waste.

• Shore-side management failed to provide and exercise sufficient supervision and management controls to prevent or detect criminal violations by Caribbean Princess crew members.

• A perceived motive for the crimes was financial – the chief engineer that ordered the dumping off the coast of England told subordinate engineers that it cost too much to properly offload the waste in port and that the shore-side superintendent who he reported to would not want to pay the expense.

• Princess engineers on the Caribbean Princess indicated that the chief engineer responsible for the discharge on Aug. 26, 2013, was known as “broccino corto” (a person with short arms), an Italian expression for a cheap person whose arms are too short to reach his wallet. Some expressed the same opinion of the shore-side superintendent.  

• Graywater tanks overflowed into the bilges on a routine basis and were pumped back into the graywater system and then improperly discharged overboard when they were required to be treated as oil contaminated bilge waste.  The overflows took place when internal floats in the graywater collection tanks got stuck due to large amounts of fat, grease and food particles from the galley that drained into the graywater system.  Graywater tanks overflowed at least once a month and, at times, as frequently as once per week.  Princess had no written procedures or training for how internal gray water spills were supposed to be cleaned up and the problem remained uncorrected for many years.

• Princess discovered “stub pipes” along the entire length of the ship for the apparent purpose of pumping graywater overflows into the bilges back into the graywater system and subsequently overboard.

According to papers filed in court, Princess has undertaken remedial measures in response to the government’s investigation, including upgrading the oily water separators and oil content monitors on every ship in its fleet and instituting many new policies.   

If approved by the court, $10 million of the $40 million criminal penalty will be devoted to community service projects to benefit the maritime environment; $3 million of the community service payments will go to environmental projects in South Florida; $1 million will be earmarked for projects to benefit the marine environment in United Kingdom waters.  

Today’s prosecution was made possible through the combined efforts of the U.S. Coast Guard Investigative Service, the U.S. Coast Guard 7th District Legal Office, U.S. Coast Guard’s Office of Maritime and International Law and U.S. Coast Guard Office of Investigations and Analysis.  In announcing the case, Assistant Attorney General Cruden and U.S. Attorney Ferrer expressed their appreciation to the U.K.’s MCA for their cooperation and assistance.  The case was prosecuted by Richard A. Udell, Senior Litigation Counsel with the Environmental Crimes Section of the Department of Justice and Thomas Watts-FitzGerald, Deputy Chief, Economic & Environmental Crimes Section for the Southern District of Florida.

The Justice Department today issued the first annual report of the White House Legal Aid Interagency Roundtable (WH-LAIR) to President Obama.  The report, entitled “Expanding Access to Justice, Strengthening Federal Programs,” documents the significant steps that the 22 federal agency members of WH-LAIR have taken to integrate civil legal aid into programs designed to serve low-income and vulnerable people.  The Attorney General and the Director of   the White House Domestic Policy Council (DPC) co-chair WH-LAIR.

“Ensuring equal access to justice is an essential part of our work to empower the most vulnerable members of our society,” said Attorney General Loretta E. Lynch.  “Many vital efforts -- from preventing human trafficking to improving access to health benefits – depend on citizens’ ability to receive meaningful legal aid.  The White House Legal Aid Interagency Roundtable was established to help close the justice gap and provide legal assistance to Americans in need.  It is a privilege to send this report to President Obama.  It describes the progress we have made, and it lays out a vision for this critical work in the years to come.” 

“The White House Legal Aid Interagency Roundtable has become indispensable in helping the federal government establish partnerships with legal aid providers that push federal programming forward and ensure that essential services reach the communities that need them most,” said Cecilia Muñoz, White House DPC Director and WH-LAIR Co-Chair.

Civil legal aid is free legal assistance to low-income and underserved people with often life-altering legal problems, including  domestic violence, child support, foreclosure, eviction, unemployment and debt, among other issues.  Legal aid also helps people access basic necessities such as health care, housing, government benefits, employment and educational services.  Civil legal aid is particularly vital because unlike criminal cases where there is typically a constitutional right to counsel, there is no right to a lawyer in most civil cases, leaving many low- and moderate-income Americans without any legal assistance.  

Recognizing the power of legal aid to both increase the availability of meaningful access to justice and improve outcomes in many federal programs, WH-LAIR agencies have been working together since 2012 to integrate legal aid into their programs, policies and initiatives.  Staffed by the DOJ Office for Access to Justice (ATJ), WH-LAIR has engaged federal grantees, legal aid providers and federal agency staff to raise awareness about how legal aid advances federal priorities.  As set out in the report, accomplishments include dozens of federal grants that have now been clarified to ensure that legal aid can be included in the range of services provided to people in areas like health care, domestic violence, homelessness and prisoner reentry; new training and technical assistance to grantees and legal aid providers; and research about the impact of civil legal aid.  WH-LAIR also created the WH-LAIR website and Toolkit, online resources that provide information about civil legal aid and how it helps advance a broad array of federal objectives as well as available federal funding opportunities and other resources.

In the 2015 Presidential Memorandum that formally established the interagency collaboration as a White House initiative, President Obama said, “equal access to justice…advances the missions of an array of federal programs, particularly those designed to lift Americans out of poverty or to keep them securely in the middle class.”  The memorandum called on WH-LAIR to report annually on its successes.

The report addresses key federal priorities where civil legal aid improves program outcomes: accessing health services and improving health, expanding access to housing and preventing homelessness, strengthening families and keeping children in school, keeping Americans working and getting jobs, enhancing public safety and helping crime victims, and combatting fraud and protecting consumers.  It also describes agencies’ efforts to partner with legal aid organizations to meet the needs of special populations, including veterans and servicemembers, tribes and tribal members, people with disabilities, people with criminal records, immigrants and disaster survivors.  The report includes research and data on the efficacy of legal aid and provides numerous examples of how WH-LAIR agencies’ work has touched millions of Americans.

The report can be found at www.justice.gov/lair/annualreport.

Today, the Department of Justice announced a series of reforms at the Federal Bureau of Prisons (BOP) designed to reduce recidivism and increase the likelihood of inmates’ safe and successful return to the community.  These efforts include building a semi-autonomous school district within the federal prison system, reforming federal halfway houses, covering the cost of obtaining state-issued photo IDs for federal inmates prior to their release from custody and providing additional services for female inmates.  

“Helping incarcerated individuals prepare for life after prison is not just sound public policy; it is a moral imperative,” said Attorney General Loretta E. Lynch.  “These critical reforms will help give federal inmates the tools and assistance they need to successfully return home as productive, law-abiding members of society.  By putting returning citizens in a position to make the most of their second chance, we can create stronger communities, safer neighborhoods and brighter futures for all.” 

“The sweeping changes that we are announcing today chart a new course for the Bureau of Prisons that will help make our prisons more effective, our communities safer and our families stronger," said Deputy Attorney General Sally Q. Yates.  “One of the best ways to prevent crime is by reducing recidivism, and one of the best ways to reduce recidivism is by equipping inmates with the tools they need to successfully reenter society."

Last year, with the department’s support, BOP retained outside consultants to review the agency’s operations and recommend changes designed to reduce the likelihood of inmates re-offending after their release from prison.  As part of today’s announcement, the department is launching a new website, www.justice.gov/prison-reform, that compiles current and ongoing reforms at BOP, and includes the final reports from the outside consultants.

The department announced additional details regarding these efforts:

• Building a school district within the federal prison system.  Research shows that inmates who participate in correctional education programs have 43 percent lower odds of returning to prison than those who do not, and that every dollar spent on prison education saves four to five dollars on the cost of re-incarceration.  BOP is building a semi-autonomous school district within the federal prison system, which will offer programs for literacy, high school diplomas and post-secondary education, along with expanded opportunities for individuals with learning disabilities.  Today, BOP also announced that it has hired Amy Lopez, an experienced educator in the Texas prison school system, to serve as the first superintendent of BOP’s school district.
• Reforming federal halfway houses.  BOP is overhauling Residential Reentry Centers (RRCs), popularly known as “halfway houses,” which provide housing for approximately 80 percent of inmates during the final months of their federal sentences.  Since the early 1980s, the ownership and operation of RRCs have been fully privatized, with BOP relying on a mix of for-profit companies and non-profit organizations.  Today, Deputy Attorney General Yates issued a memorandum directing BOP to leverage its purchasing power and overhaul this private market.  Among other things, the memorandum directed BOP to establish clear, uniform and improved standards for all RRC providers; expand the collection and publication of RRC performance data; and explore alternative models that would create a more effective and efficient market for federal reentry services. 
• Covering the cost of state-issued IDs prior to inmates’ release.  Possession of government-issued identification documents is critical to successful reentry.  Without such documentation, men and women leaving correctional facilities face significant challenges securing employment and housing, registering for school, opening bank accounts and accessing other benefits, such as health care, that are critical to successful integration.  The department announced today that BOP will begin paying for every federal inmate to obtain a birth certificate and a state-issued identification card before they arrive at RRCs.  An independent consultant estimated that this effort will save the agency approximately $19 million a year, by making it easier for inmates to find a stable job and post-custody housing, which allows BOP to more quickly transfer inmates to less expensive forms of custody such as home confinement.    
• Enhancing programs for female inmates.  Next month, BOP will resume housing female inmates at its facility in Danbury, Connecticut, making it easier for female inmates from the Northeast to remain in contact with their families.  In addition, the Danbury facility will house BOP’s first-ever integrated treatment facility for female inmates, which will feature a mental health unit and a women’s Residential Drug Abuse Program, the agency’s most intensive substance abuse treatment course.

These initiatives are part of the department’s deep commitment to a fair, effective criminal justice system that promotes public safety and prepare inmates for their return to the community, thereby reducing the likelihood that a cycle of crime will continue.                      

An employee of a New Jersey feedstock collector and processor pleaded guilty to conspiracy for his role in a scheme to alter and destroy documents following the company’s receipt of a subpoena issued by a federal grand jury sitting in the Southern District of Ohio.

William Letona, 49, pleaded guilty before U.S. District Magistrate Judge Norah McCann King for the Southern District of Ohio, announced Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, Acting U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio and Acting Special Agent in Charge John Gauthier of Environmental Protection Agency’s (EPA) Criminal Enforcement Program in Ohio.

Letona admitted to conspiring with others to obstruct a grand jury investigating the fraudulent generation of EPA renewable fuels credits (RIN credits) and Internal Revenue Service (IRS) tax credits connected to the purported production of renewable fuel.  Specifically, documents were falsified and destroyed in order to hide the fact that fuel purchased from a broker by Letona’s employer, Unity Fuels, was sold back to the broker as “Recycled Vegetable Oil Blend.”  This maneuver enabled RIN credits and IRS credits to be claimed multiple times on the same material.

“Lies and deceit intended to thwart federal investigations will not be tolerated,” said Assistant Attorney General Cruden.  “This case demonstrates that the Department of Justice will vigorously prosecute those who act dishonestly in responding to federal Grand Jury subpoenas.”

Conspiracy is punishable by up to five years in prison. U.S. District Judge James L. Graham will determine Letona’s sentence following a pre-sentence investigation by the court.

Assistant Attorney General Cruden and Acting U.S. Attorney Glassman commended the cooperative investigation by law enforcement, including the IRS and the Federal Bureau of Investigation, as well as Department of Justice Trial Attorney Adam Cullman, Senior Trial Attorney Jeremy Korzenik and Assistant United States Attorney J. Michael Marous, who represented the United States in this case.

A federal court in the Northern District of California entered an order today authorizing the Internal Revenue Service (IRS) to serve a John Doe summons on Coinbase Inc., seeking information about U.S. taxpayers who conducted transactions in a convertible virtual currency during the years 2013 to 2015.  The IRS is seeking the records of Americans who engaged in business with or through Coinbase, a virtual currency exchanger headquartered in San Francisco, California.

“As the use of virtual currencies has grown exponentially, some have raised questions about tax compliance,” said Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.  “Tools like the John Doe summons authorized today send the clear message to U.S. taxpayers that whatever form of currency they use – bitcoin or traditional dollars and cents – we will work to ensure that they are fully reporting their income and paying their fair share of taxes.”

“Transactions in virtual currency are taxable just like those in any other property,” said IRS Commissioner John Koskinen.  “The John Doe summons is a step designed to help the IRS ensure people doing business in the emerging economy are following the tax laws and meeting their responsibilities.”

Virtual currency, as generally defined, is a digital representation of value that functions in the same manner as a country’s traditional currency.  There are nearly a thousand virtual currencies, but the most widely known and largest is bitcoin.  Because transactions in virtual currencies can be difficult to trace and have an inherently pseudo-anonymous aspect, taxpayers may be using them to hide taxable income from the IRS.  In the court’s order, U.S. Magistrate Judge Jacqueline Scott Corley found that there is a reasonable basis for believing that virtual currency users may have failed to comply with federal tax laws. 

The IRS has issued guidance regarding the tax consequences on the use of virtual currencies in IRS Notice 2014-21, which provides that virtual currencies that can be converted into traditional currency are property for tax purposes, and a taxpayer can have a gain or loss on the sale or exchange of a virtual currency, depending on the taxpayer’s cost to purchase the virtual currency (that is, the taxpayer’s tax basis). 

The court’s order grants the IRS permission to serve what is known as a “John Doe” summons on Coinbase.  There is no allegation in this suit that Coinbase has engaged in any wrongdoing in connection with its virtual currency exchange business.  Rather, the IRS uses John Doe summonses to obtain information about possible violations of internal revenue laws by individuals whose identities are unknown.  This John Doe summons directs Coinbase to produce records identifying U.S. taxpayers who have used its services, along with other documents relating to their virtual currency transactions. 

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

The Department of Justice today announced the opening of the grant solicitation period for comprehensive funding to American Indian and Alaska Native tribal governments and tribal consortia to support public safety, victim services and crime prevention.  The department’s Fiscal Year (FY) 2017 Coordinated Tribal Assistance Solicitation (CTAS) posts today at https://www.justice.gov/tribal/open-solicitations.

“The CTAS program is a cornerstone of the Justice Department’s partnership with sovereign tribal nations,” said Attorney General Loretta E. Lynch.  “By providing tribes and villages with critical funding for everything from law enforcement equipment to programs for native youth and victims of crime, the CTAS program gives tribes the resources they need to address the particular challenges they face.  I encourage tribes and villages to take advantage of this program, and I look forward to continuing our work with our tribal partners to build stronger and safer communities for all.”

The Department of Justice launched CTAS in FY 2010 in direct response to concerns raised by tribal leaders about the department’s grant process that did not provide the flexibility tribes needed to address their criminal justice and public safety needs.  The department designed this comprehensive approach to save time and resources and allow tribes and the department to gain a better understanding of the tribes’ overall public safety needs.

The department’s Office of Community Oriented Policing Services (COPS), Office on Violence Against Women (OVW) and the Office of Justice Programs (OJP), specifically OJP’s Bureau of Justice Assistance (BJA), Office of Juvenile Justice and Delinquency Prevention (OJJDP) and Office for Victims of Crime (OVC) all award funding under CTAS. The funding can be used to enhance law enforcement, bolster adult and juvenile justice systems, prevent and control juvenile delinquency, serve native victims of crime and support other efforts to combat crime. 

Grantees submit applications for CTAS online through DOJ’s Grants Management System (GMS).  Applicants must register with GMS at https://grants.ojp.usdoj.gov/gmsexternal/

prior to submitting an application.  The application deadline is 9:00 p.m. Eastern Standard Time (EST), Feb. 28, 2017.  Applicants are strongly urged to apply in advance of the deadline.

For the FY 2017 CTAS, a tribe or tribal consortium will submit a single application and select from any or all of the nine competitive grant programs referred to as “purpose areas.”  This approach allows the department’s grant-making components to consider the totality of a tribal nation’s overall public safety needs.  

The nine purpose areas (PA) are:

• PA1 - Public Safety and Community Policing (COPS)
• PA2 - Comprehensive Tribal Justice Systems Strategic Planning (BJA)
• PA3 - Justice Systems and Alcohol and Substance Abuse (BJA)
• PA4 - Corrections and Correctional Alternatives (BJA)
• PA5 - Violence Against Women Tribal Governments Program (OVW)
• PA6 - Victims of Crime: Children’s Justice Act Partnerships for Indian Communities (OVC)
• PA7 - Victims of Crime: Comprehensive Victim Assistance (OVC)
• PA8 - Juvenile Healing to Wellness Courts (OJJDP)
• PA9 - Tribal Youth Program (OJJDP) 

Tribes or tribal consortia may also be eligible for non-tribal specific federal grant programs and are encouraged to explore these other funding opportunities.  Additional funding information may be found at the department’s Tribal Justice and Safety website at www.justice.gov/tribal or the www.grants.gov.

Today’s announcement is part of the department’s ongoing initiative to increase engagement, coordination and action on public safety in tribal communities.

Fengyi Zhou, a resident of Syosset, New York, and the owner of a business that specialized in Asian works of art, pleaded guilty today to illegally trafficking horns from endangered black rhinoceros.

The guilty plea was announced by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and Dan Ashe, Director of the U.S. Fish and Wildlife Service (USFWS). 

Zhou, 49, who has worked as an Asian art dealer for years, pleaded guilty today before U.S. District Judge William F. Kuntz II for the Eastern District of New York in Brooklyn, New York, to a one count information charging him with wildlife trafficking in violation of the Lacey Act.   

Zhou was identified as part of “Operation Crash” – a nationwide effort led by the USFWS and the Justice Department to investigate and prosecute those involved in the black market trade of rhinoceros horns and other protected species.

In papers filed in federal court, Zhou admitted to purchasing as many as five uncarved rhinoceros horns from another Asian arts dealer in New York.  Along with the horns, Zhou was given an “Endangered Species Bill of Sale,” from which Zhou was made aware that four of the horns were purchased in Texas and unlawfully transported to New York.  Immediately after purchasing the rhinoceros horns, Zhou offered to sell and later sold the horns, to an associate who was a Chinese national residing in the People’s Republic of China for more than $130,000.  

“These horns are the remains of a dead animal, and one of the world’s most iconic species that will certainly go extinct in our lifetimes if we do not stop this illegal trafficking,” said Assistant Attorney General Cruden.  “We expect those in the arts and auction trade to understand and obey the law, and those that do not will be investigated and prosecuted for these crimes.”

 “Because of the scourge of wildlife trafficking and those like Mr. Zhou who practice it, there is now a very real possibility that the rhinoceros could disappear from Africa,” said Director Ashe.  “We are determined that this never happen and that we don’t leave behind for our children a world without this magnificent wild creature.  The law enforcement efforts of Operation Crash have now seen dozens of rhino traffickers caught and prosecuted, each case sending a clear message to others engaged in this shameful practice that we will stop you and we will bring you to justice.”

Rhinoceros are herbivores of prehistoric origin and the largest remaining mega-fauna on earth.  They have no known predators other than humans.  All species of rhinoceros are protected under United States and international law.  Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 183 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets.

The investigation is continuing and is being handled by the Justice Department’s Environmental Crimes Section and USFWS’s Office of Law Enforcement.  The government is represented by Trial Attorneys Lauren D. Steele and Gary N. Donner of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

The Department of Justice’s Antitrust Division today submitted a statement describing how Michigan Senate Bill 753 (H-1) has the potential to enhance competition and promote greater use of telehealth services for the benefit of patients and consumers.  The department encourages lawmakers to consider the competitive effects of legislation while recognizing the critical importance of patient health and safety, noting that consumers benefit when it is possible to expand the ways available to them to access health care.  This is possible by enacting legislation that only maintains those restrictions on telehealth services that are necessary, for example, to address safety concerns, to improve the public health or to protect against fraud.

“Consumers benefit when innovative technologies further competition to deliver convenient and affordable quality health care,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division.  “Telehealth, when used consistent with patient health and safety, has the potential to improve not just access to certain types of health care, but also the cost of that care.  Better access and lower health care costs are especially important, as consumers may forego or delay care if it is inconvenient or costly to obtain.”  

The statement is in response to a request from Michigan State Senator Peter MacGregor for views on the possible competitive effects of SB 753.  SB 753 would add “telehealth” to the Michigan Public Health Code, provide for flexibility in how patients must provide consent for telehealth treatments and allow authorized health professionals to prescribe drugs that are non-controlled substances through telehealth services.  By addressing a broader range of telehealth services and by not imposing unnecessary burdens on telehealth providers and consumers, SB 753 can encourage competitive benefits through further entry and innovation in the market and greater access to services appropriately provided through telehealth.

Michigan Telehealth Letter

          ALICIA A.G. LIMTIACO, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), was invited to participate at the Pacific Islands Law Officers Network (PILON) Meeting in Pohnpei, Federated States of Micronesia, on October 25-28, 2016.  PILON is a network of senior public law officers from Pacific Island countries, including Australia and New Zealand, which focuses on common legal issues within the Pacific region. PILON was established in 1982 and holds meetings annually.  Member countries of PILON are Australia, the Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Pitcairn Islands, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.

          U.S. Attorney Limtiaco gave presentations on, “An Overview of Sex Crime Investigations & Prosecutions,” Cybercrime Awareness, and “A Pacific Regional Response to Combat Human Trafficking.”

          U.S. Attorney Limtiaco discussed strategies and approaches regarding the preparation and prosecution of sexual assault cases, including child sexual abuse and exploitation cases, domestic and family violence and child physical abuse cases. 

          U.S. Attorney Limtiaco spoke about cybersecurity as a top priority for the U.S. Government and the critical need to secure the nation’s networks and information from exploitation and damage.  She also discussed cybercrimes such as identity theft and other online fraud schemes and the importance of protecting one’s privacy on social media.

          U.S. Attorney Limtiaco shared information on the Pacific Regional Response to Combat Human Trafficking Initiative (the “Initiative”), which is a collaborative effort of the U.S. Attorney’s Office for the Districts of Guam and the NMI; the U.S. Department of State, Office to Monitor and Combat Trafficking in Persons; the U.S. Department of Labor; the U.S. Department of Interior, Office of Insular Affairs; the Guam HTTF; the NMI HTIC; and other community partners.  U.S. Attorney Limtiaco also elaborated on the intersection and relationship between human trafficking, sexual assault, child abuse and domestic and family violence, and prevention and enforcement efforts in the Pacific region. 

          The Initiative employs a multidisciplinary model, including participation, coordination, and collaboration among law enforcement, prosecution, victim service providers, social services, medical, mental and public health professionals, faith based organizations, educational institutions, Consulates, and other community stakeholders.  The Initiative calls for the establishment and provision of victim services, investigation and prosecution of human trafficking, training opportunities, community outreach/ public awareness and prevention programs, and creation of human trafficking task forces and coalitions in the Pacific region island communities.  The Initiative also provides fundamental training in human trafficking, including victimization, investigation and prosecution, prevention efforts, and other related topics to law enforcement, prosecution, victim service providers, social services, medical, mental and public health professionals, faith based organizations, educational institutions, Consulates, and other community stakeholders in our Pacific region island communities, which is critical to effective prevention and enforcement efforts in the region.

           The PILON workshop was attended by representatives from the countries of Australia, Cook Islands, Republic of Kiribati, Nauru, New Zealand, Palau, Papua New Guinea, Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

Group picture taken at the PILON Meeting.  U.S. Attorney Alicia Limtiaco is seated in the top row, fourth from the left.

 

Today, three individuals pleaded guilty in federal district court in Charleston, South Carolina, to trafficking more than $740,000 worth of juvenile American eels aka “elvers” or “glass eels,” in violation of the Lacey Act.  Harry Wertan, Jr., Mark Weihe and Jay James each pleaded guilty to selling or transporting elvers in interstate commerce, which they had harvested illegally, or knew had been harvested illegally, in South Carolina. 

The pleas were the result of “Operation Broken Glass,” a multi-jurisdiction U.S. Fish and Wildlife Service (USFWS) investigation into the illegal trafficking of American eels.  To date, the investigation has resulted in guilty pleas for ten individuals whose combined conduct resulted in the illegal trafficking of more than $2.6 million worth of elvers.

The guilty pleas were announced today by Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division, Acting U.S. Attorney Beth Drake for the District of South Carolina, and Director Dan Ashe of the USFWS.  

“We will not allow the rivers of the United States to be the poaching grounds for international seafood markets,” said Assistant Attorney General Cruden. “The American eel is an important but limited natural and economic resource that must be protected.  Trafficking only undercuts the toil and honest efforts of those who obey the law.”

“This case underscores the role U.S. citizens often play in wildlife trafficking and demonstrates that this deadly trade does not solely impact large, charismatic mammals in distant countries,” said Director Dan Ashe for USFWS. “U.S. Fish and Wildlife Service law enforcement agents work tirelessly to save wildlife from the threat traffickers pose here at home, and together with the Department of Justice, bring these individuals to justice for their illegal activities.”

Eels are highly valued in east Asia for human consumption.  Historically, Japanese and European eels were harvested to meet this demand; however, overfishing has led to a decline in the population of these eels.  As a result, harvesters have turned to the American eel to fill the void resulting from the decreased number of Japanese and European eels.

American eels spawn in the Sargasso Sea, an area of the North Atlantic Ocean bounded on all sides by ocean currents.  They then travel as larvae from the Sargasso to the coastal waters of the eastern United States, where they enter a juvenile or elver stage, swim upriver and grow to adulthood in fresh water.  Elvers are exported for aquaculture in east Asia, where they are raised to adult size and sold for food.  Harvesters and exporters of American eels in the United States can sell elvers to east Asia for more than $2000 per pound.

Because of the threat of overfishing, elver harvesting is prohibited in the United States in all but three states: Maine, South Carolina and Florida.  Maine and South Carolina heavily regulate elver fisheries, requiring that individuals be licensed and report all quantities of harvested eels to state authorities.  Although Florida does not have specific elver-related regulations, the limited population of elvers in Florida waters makes commercial eel fishing impossible. 

“This investigation is an outstanding example of the dedication and ingenuity shown by multiple agencies working together to expose and curtail the illegal trade of American eels,” said Special Agent-in-Charge Luis Santiago Southeast Region for USFWS. “Today’s pleas are a success in our collective efforts to conserve and protect an important American fishery.”  

“Today’s pleas in the illegal trade of American Eels are a tremendous step in preserving this important fishery,” said Colonel Chisolm Frampton for the South Carolina Department of Natural Resources, Law Enforcement Division.  “A multitude of state and federal agencies did outstanding work to bring this case to successful conclusion.”

The offenses in the case are felonies under the Lacey Act, each carrying a maximum penalty of five years’ incarceration, a fine of up to $250,000 or up to twice the gross pecuniary gain or loss, or both.

Operation Broken Glass was conducted by the USFWS and the Justice Department’s Environmental Crimes Section in collaboration with the Maine Marine Patrol, South Carolina Department of Natural Resources Law Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of Law Enforcement, Connecticut Department of Energy and Environmental Protection Conservation Police, Virginia Marine Resources Commission Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric Administration Office of Law Enforcement, Massachusetts Environmental Police, Rhode Island Department of Environmental Management Division of Law Enforcement, New York State Environmental Conservation Police, New Hampshire Fish and Game Division of Law Enforcement, Maryland Natural Resources Police, North Carolina Wildlife Resource Commission Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, Yarmouth, Massachusetts Division of Natural Resources, North Myrtle Beach, South Carolina Police Department and the Atlantic States Marine Fisheries Commission.

The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller and Assistant U.S. Attorney Rhett DeHart.

The Justice Department announced that today in federal court, James Ralph Craddock, 71, of Manns Harbor, North Carolina, pleaded guilty to federal charges regarding the illegal harvest and sale of Atlantic Striped Bass from federal waters off the coast of North Carolina in 2010.

According to information in the public record, in February 2010, a special agent with the National Oceanic and Atmospheric Administration (NOAA) received information that commercial trawlers were illegally fishing for Atlantic Striped Bass in federal waters off the coast of North Carolina.  Since 1990, there has been a ban on harvesting Atlantic Striped Bass from the United States’ Exclusive Economic Zone (EEZ), which includes waters located three to 200 miles seaward of the U.S. coastline.  Upon receiving the information, NOAA engaged the assistance of the U.S. Coast Guard.  A single patrol vessel in the area intercepted one of 17 commercial trawlers in the EEZ, the fishing vessel Lady Samaira, boarded the vessel and found 173 Atlantic Striped Bass.  The captain later admitted to taking the fish from the EEZ.

Given the other commercial trawlers in the same area, NOAA conducted an analysis of electronic data and written reports from those vessels.  Based on its review, NOAA determined that during the North Carolina 20-day ocean trawl season in January/February 2010, Craddock, then Captain of the 74-foot commercial fishing vessel Capt Ralph, harvested over 12,000 pounds of Atlantic Striped Bass.  Further analyses revealed that between Feb. 1, 2010, and Feb. 4, 2010, Craddock, harvested 1,750 pounds of Atlantic Striped Bass from the EEZ, with an estimated fair-market retail price of approximately $14,000, which he sold to a dealer in Wanchese, North Carolina.  Craddock sent an e-mail to another vessel through the Capt Ralph’s vessel monitoring system and admitted to catching the Atlantic Striped Bass south of Buoy No. 8.  Bodie Island Lighted Buoy No. 8 is located 6.5 nautical miles from shore, in the EEZ.  The vessel monitoring system data from the Capt Ralph further corroborated the illegal harvesting of the fish.  Craddock then made false statements to NOAA, concealing the true location of the harvest in his federal vessel trip reports.

“Fishing for striped bass in federal waters in violation of this longstanding and well-known moratorium has the potential to seriously impact this iconic species, to the detriment of the many honest commercial and recreational anglers who depend upon this fishery,” said Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division.  “Today’s plea agreement demonstrates the department’s commitment to pursuing those who fail to respect laws enacted to protect and conserve important marine resources.”

“Our office is pleased to partner with the Environment and Natural Resources Division of the Department of Justice in these significant cases,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina.  “These prosecutions make clear that efforts to circumvent laws regulating commercial fishing will be enforced vigorously.”

A sentencing hearing has been scheduled for March 27, 2017, term of court.  Craddock faces a maximum sentence of five years in prison and a $250,000 fine.

The overall investigation was conducted by the Law Enforcement Offices of NOAA, with assistance of the Investigative Service from the U.S. Coast Guard, the North Carolina Marine Patrol and the Virginia Marine Police.  This case is being prosecuted by Trial Attorneys Shennie Patel and Joel La Bissonniere of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section and Senior Litigation Counsel Banumathi Rangarajan of the U.S. Attorney’s Office for the Eastern District of North Carolina.

Agencies Urge Consideration of Broad Range of Evidence When Assessing Potential for Exercise of Market Power

The Department of Justice’s Antitrust Division and the Federal Trade Commission have submitted a comment in response to the U.S. Federal Energy Regulatory Commission’s (FERCs) Notice of Inquiry addressing how FERC assesses market power with respect to mergers and electricity sales at market-based rates.  

Based on their experience analyzing market power, especially with respect to competition and mergers in electricity markets, the agencies encouraged FERC not to rely solely on structural indicators of market power, such as market share or concentration, when assessing market power under the Federal Power Act.  Due to certain features specific to electricity markets, even firms with relatively small market shares may be able to exercise market power.  Therefore, FERC should consider evidence such as whether a proposed combination of assets would enhance the ability and incentive of a firm to raise prices.  

“We commend FERC for opening its inquiry,” said Acting Assistant Attorney General Renata Hesse of the Department of Justice’s Antitrust Division.  “Electricity is a cornerstone of modern life – lighting our homes, driving important industries and powering cutting-edge technologies.  We endorse a more comprehensive approach that goes beyond market share percentages and concentration when assessing market power in this critical industry.” 

The comment also addressed proper considerations when determining geographic markets and urged consideration of serial acquisitions in its merger analysis.  The agencies also encouraged FERC to consider gathering more information from merger applicants to inform its market power analyses.  The comment notes that electricity markets can involve annual sales of billions of dollars, so that even a small percentage increase in the price due to an exercise of market power can substantially harm electricity consumers.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.

According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.

On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.

These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  It was prosecuted by Assistant United States Attorney Sean P. Shecter.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

 

 

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.  

            According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car. 

            This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.

The United States, together with the states of Indiana and Illinois and the Michigan Department of Environmental Quality, announced today that U. S. Steel Corporation (U. S. Steel) has agreed to resolve Clean Air Act litigation initiated by the United States and the three states in August 2012, by undertaking measures to reduce pollution at its three Midwest iron and steel manufacturing plants in Gary, Indiana; Ecorse, Michigan; and Granite City, Illinois.  As part of the agreement, U. S. Steel will perform seven supplemental environmental projects totaling $1.9 million, to protect human health and the environment in the communities affected by U. S. Steel’s pollution, including a project to remove lighting fixtures containing toxic chemicals in public schools.  In addition, U. S. Steel will expend $800,000 for an environmentally beneficial project to remove contaminated transformers at its Gary and Ecorse facilities and pay a $2.2 million civil penalty.  The agreement is memorialized in a consent decree lodged today in federal district court in the Northern District of Indiana. 

“Defendant U. S. Steel, a major global iron and steel manufacturer, has agreed to curtail significant pollution from its three Midwest plants,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “This outstanding settlement, whose results will especially benefit the three environmental justice communities most closely affected by defendant’s pollution, is another example of how the Department of Justice, U.S. Environmental Protection Agency (EPA) and our state counterparts often work hand-in-hand to enforce our federal and state clean air act laws to protect the health and welfare of our citizens.” 

“Today’s settlement protects communities in the Midwest from air pollution and puts important environmental projects to work,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “Making sure companies comply with the law that protects clean air is an important way EPA safeguards the health of communities across the country.”

Under the consent decree, U. S. Steel will immediately repair, and later replace, a bell top on a blast furnace used for making molten iron at its Great Lakes Works facility in Ecorse.  The bell top, through which raw materials are placed inside the furnace, has a worn seal that is causing increased emissions of hazardous pollutants and particulate matter.  The new bell top is designed to eliminate those increased emissions.  U. S. Steel will also implement improvements (following a third-party study) at its Great Lakes Works’ steel-making shop to reduce emissions causing opacity.  At its Gary Works facility, U. S. Steel will repair a large opening in a metal shell that surrounds a blast furnace.  The repair will eliminate excess emissions from that furnace. 

Since 2008, U. S. Steel has worked with the state of Illinois to improve its environmental compliance at the Granite City Works facility, including installation of a new baghouse to control particulate matter and rebuilding its Electro-Static Precipitator.  Under the consent decree, which resolves not only joint federal/state claims but also claims brought separately by the state of Illinois, U. S. Steel agrees to maintain the effective operation of its pollution control equipment and continue the work practices that have resulted in improved environmental compliance.

Many children in the Southwest Detroit, Ecorse and Gary areas attend schools that are lit by fluorescent ballasts that may contain polychlorinated biphenyls (PCBs).  As part of the settlement, U. S. Steel will conduct a joint federal/state supplemental environmental project (SEP) in which the company will remove and properly dispose of such PCB-contaminated ballasts and replace them with non-toxic, energy-efficient lighting.  U. S. Steel will also conduct another SEP to install vegetative buffers composed of trees, bushes and shrubs on public lands near high-traffic roadways in Southwest Detroit.  Such buffers are intended to reduce the transport of particulate matter emissions from heavily trafficked areas and thus improve downwind air quality. 

“These measures to improve air quality in Southwest Detroit and Ecorse are an important step to helping communities who suffer the most from violations of laws designed to protect human health and the environment,” said U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.

“We welcome the settlement with U. S. Steel and look forward to the improvements to be made at its Ecorse facility, schools in Ecorse and Detroit and along high traffic roadways in Southwest Detroit,” said Director C. Heidi Grether of the Michigan Department of Environmental Quality.  “More importantly, we welcome the improvement in the air quality of the region that we expect will come from these changes.”  

In addition, U. S. Steel will purchase a new street sweeper, equipped with enhanced collection capability, for use by the city of Granite City to reduce dust emissions.  Other SEPs, state-only, that U. S. Steel has agreed to undertake include the removal and proper disposal of waste tires that have been dumped at locations in Gary, replacement of some exterior doors in Granite City public schools with energy-efficient doors and creation of a greenway and transit bike trail within Granite City.

“Today’s consent decree should be welcome news to the residents of this district and everyone who lives in the greater St. Louis metropolitan area,” said U.S. Attorney Donald S. Boyce for the Southern District of Illinois.  “Air pollution is a serious problem that continues to threaten our world, and we applaud U. S. Steel for its ongoing cooperation and the improvements it has agreed to make to bring its Granite City facility into full compliance.  This office remains committed to enforcing the nation's environmental laws in the Southern District of Illinois."

“I applaud the united, collaborative effort by all parties who worked to resolve this matter and to hold accountable those responsible for polluting the environment,” said Indiana Attorney General Greg Zoeller.  “No one should be subjected to living and working in a polluted environment.”

Today’s settlement, lodged with the U.S. District Court for the Northern District of Indiana, is subject to a 30-day public comment period following notification in the Federal Register and final approval by the court.  To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.

Attorney General Loretta E. Lynch released the following statement on the planned departure of U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania:

“For the last six and a half years, U.S. Attorney Zane David Memeger has served the people of the Eastern District of Pennsylvania – and all of the American people – with great distinction.  Under his outstanding leadership, his office has prosecuted terrorists, corrupt public officials, dangerous drug dealers and other violent offenders, child predators, human traffickers and perpetrators of serious fraud.  He also has worked diligently to help the Department of Justice implement its Smart on Crime program to make our criminal justice system more fair and effective.  During his time in office, he has helped – and encouraged other U.S. Attorneys’ offices across the country – to implement novel youth crime prevention and prisoner reentry programs as part of a three-part strategy to combat violent crime.  And as a member of the Attorney General’s Advisory Committee and as chair of the committee’s Health Care Fraud Working Group, he has provided sound counsel and good judgment to both me and my predecessor, Attorney General Eric Holder.  There is no doubt that our country is safer and stronger thanks to Zane’s exceptional contributions and dedicated efforts.  I want to thank him for his distinguished service and I wish him the very best in his future endeavors.”

A leader of the Almighty Imperial Gangsters Nation pleaded guilty today to participating in a racketeering conspiracy involving murder, attempted murder, aggravated battery, aggravated assault and narcotics distribution.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Division and Special Agent in Charge George L. Piro of the FBI’s Miami Division made the announcement.

Victor Emmanuel Lopez, aka Magic, 29, of Miami, pleaded guilty before U.S. District Judge Cecelia M. Altonaga of the Southern District of Florida to one count of conspiracy to conduct and participate in the affairs of the Almighty Imperial Gangsters Nation through a pattern of racketeering activity.  Sentencing has been scheduled for Jan. 31, 2017.

According to admissions made in connection with his plea, Lopez joined the Chicago-area chapter of the Almighty Imperial Gangsters Nation in approximately 2001 and received authorization to initiate a new chapter in South Florida.  Lopez admitted that as the leader of the South Florida Imperial Gangsters, in 2006, he directed a fellow member to shoot into a vehicle, resulting in one person’s death; in 2011, he ordered the murder of a witness in a state investigation against him; and in 2007, participated in a drive-by shooting of a suspected rival gang member in which he shot a bystander.

In addition, Lopez admitted that he and other members of the Almighty Imperial Gangsters Nation earned money for members and financed the gang’s activities through trafficking in controlled substances, including cocaine, cocaine base, heroin, ecstasy and marijuana.

The FBI’s Miami and Chicago Field Offices investigated the case with the Miami-Dade, Florida, Police Department; the City of Miami Police Department; the Chicago Police Department; the Franklin Park, Illinois, Police Department; and the East Chicago Police Department.  The U.S. Attorney’s Office of the Northern District of Indiana; the State Attorney’s Offices of Miami-Dade and Broward County, Florida; the State Attorney’s Office in Cook County, Illinois; the Florida Department of Corrections and the Broward County Sheriff’s Office assisted with this case.  Trial Attorneys Joseph A. Cooley, Rebecca A. Staton and Nicholas J. Regalia of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case with the U.S. Attorney’s Office of the Southern District of Florida’s Forfeiture Section.

Today, the President granted commutation of sentence to the following 79 individuals:

 

• Lawrence Daro Adams – Houston, TX
  Offense: Possession with intent to distribute 500 grams or more of cocaine, aiding and abetting; Southern District of Texas
  Sentence: 240 months' imprisonment; five years' supervised release; $5,000 fine (July 20, 2001)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Tyrone Allen – Lubbock, TX
  Offense: Aiding and abetting possession with intent to distribute more than 50 grams of cocaine base; Western District of Texas
  Sentence: 240 months' imprisonment; 10 years' supervised release (March 25, 2003)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Anthony Arthur – Killeen, TX
  Offense: Conspiracy to possess with intent to distribute at least 50 grams of "crack cocaine"; Western District of Texas
  Sentence: 210 months' imprisonment; five years' supervised release; $1,000 fine (August 3, 2005)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Lisa Woods Ball – Sugar Grove, VA
  Offense: Conspiracy to distribute more than 500 grams of methamphetamine; Western District of Virginia
  Sentence: 240 months' imprisonment; 10 years' supervised release (March 3, 2009)

  Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.

   

• Curtis A. Beasley – Greer, SC
  Offense: Conspiracy to possess with intent to distribute five grams or more but less than 50 grams of crack cocaine; possession with intent to distribute five grams or more of crack cocaine; District of South Carolina
  Sentence: 408 months' imprisonment; eight years' supervised release (August 16, 2004)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Efrem Berry – Americus, GA
  Offense: Possession with intent to distribute a detectable amount of cocaine; possession with intent to distribute less than 50 kilograms of marijuana; possession with intent to distribute a detectable amount of 3,4 methylenedioxymethamphetamine, aka MDMA; Middle District of Georgia
  Sentence: 235 months' imprisonment; six years' supervised release (November 9, 2006)

  Commutation Grant: Prison sentence commuted to a term of 151 months' imprisonment.

   

• Albert Betemit – New York, NY
  Offense: Conspiracy to distribute in excess of five kilograms of powder cocaine and 50 grams of cocaine base; possession with intent to distribute cocaine (three counts); distribution of cocaine; possession with intent to distribute in excess of 50 grams of cocaine base (two counts); distribution in excess of 50 grams of cocaine base (two counts); unlawful use of a communication facility; Eastern District of Virginia
  Sentence: Life imprisonment; four years' supervised release (September 25, 1996)

  Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.

   

• Carroll Edgar Blevins, Jr. – Abingdon, VA
  Offense: 1. Distribution of methamphetamine (two counts); Western District of

  Virginia

  2. Supervised release violation (possession of a firearm by a convicted felon (two counts)); Western District of Virginia

  Sentence: 1. 188 months' imprisonment; six years’ supervised release (November 3,

  2006)

  2. 51 months' imprisonment (consecutive); one year's supervised release (November 3, 2006)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Kerwin Blount – New Haven, CT
  Offense: Conspiracy to distribute cocaine and cocaine base; District of Connecticut
  Sentence: 292 months' imprisonment; 10 years' supervised release (May 18, 2000)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Tramiere Broughton – Clinton, IA
  Offense: Conspiracy to distribute cocaine base ("crack"); Southern District of Iowa
  Sentence: 240 months' imprisonment; 10 years' supervised release (October 3, 2002)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Thomas Brown – Miami, FL
  Offense: Possession with intent to distribute at least five kilograms of cocaine; Southern District of Florida
  Sentence: Life imprisonment (October 24, 1989)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2017.

   

• Christopher Carlton Bryson – Davenport, IA
  Offense: Conspiracy to distribute and to possess with intent to distribute heroin and marijuana, each a schedule I controlled substance, and cocaine and cocaine base ("crack"), each a schedule II controlled substance; money laundering; Southern District of Iowa
  Sentence: 360 months' imprisonment; five years' supervised release (February 9, 2001)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Earl Cain – Springfield, MA
  Offense: Conspiracy to possess with intent to distribute cocaine base; District of Massachusetts
  Sentence: 262 months' imprisonment; five years' supervised release (February 15, 2001)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Christopher Michael Calloway – Hampton, VA
  Offense: Possession with intent to distribute cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Virginia
  Sentence: 181 months' imprisonment; five years' supervised release (June 18, 2007); amended to 180 months' imprisonment (June 9, 2008)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Jermaine Lewis Carter – Davenport, IA
  Offense: Conspiracy to distribute at least 50 grams of cocaine base; Southern District of Iowa
  Sentence: Life imprisonment; 10 years' supervised release (April 24, 2009)

  Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Jimmy Carter, Jr. – Montgomery, AL
  Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine hydrochloride (two counts); possession of cocaine hydrochloride; possession with intent to distribute cocaine base; Middle District of Alabama
  Sentence: 360 months' imprisonment; 10 years' supervised release (September 23, 2003)

  Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Mark Clifton – Brooklyn, NY
  Offense: Conspiracy to distribute and possession with intent to distribute cocaine base (crack); possession with intent to distribute cocaine base (crack) and aiding and abetting; Eastern District of North Carolina
  Sentence: 360 months' imprisonment; 10 years' supervised release; $7,500 fine (May 28, 1997)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, and unpaid balance of $7,500 fine remitted, conditioned upon enrollment in residential drug treatment.

   

• Dewayne Damper – Fontana, CA
  Offense: Possession with intent to distribute "crack" cocaine base; Southern District of Mississippi
  Sentence: 360 months' imprisonment; eight years' supervised release; $4,500 fine (April 20, 1999); amended to 360 months' imprisonment; six years' supervised release; $4,500 fine (May 12, 2004)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Johnny Davis – Florence, SC
  Offense: Conspiracy to possess with intent to distribute and distribution of five kilograms or more of cocaine and 50 grams or more of cocaine base, commonly known as crack cocaine; District of South Carolina
  Sentence: Life imprisonment; 10 years' supervised release (February 4, 2004)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Roy Edward Detreville, Jr. – Winter Garden, FL
  Offense: Conspiracy to possess with intent to distribute 50 grams or more of crack cocaine; Middle District of Florida
  Sentence: 262 months' imprisonment; five years' supervised release (February 8, 2005)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Luis Diaz – Winter Park, FL
  Offense: Conspiracy to possess with intent to distribute heroin, and conspiracy to possess with intent to distribute cocaine hydrochloride; Middle District of Florida
  Sentence: Life imprisonment; five years' supervised release (July 25, 1996); amended to 360 months' imprisonment (July 1, 2015)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• William Henry Dudley – Atlanta, GA
  Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession of a firearm by a convicted felon; Northern District of Florida
  Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (April 27, 2006)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Reginald Leon Edwards – Chatham, VA
  Offense: Conspiracy to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Western District of Virginia
  Sentence: 181 months' imprisonment; five years' supervised release; $400 fine (August 3, 2007); amended to 180 months' imprisonment (October 22, 2008)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Timothy John Ehrmann – Minneapolis, MN
  Offense: Conspiracy to distribute methamphetamine and ecstasy; aiding and abetting to distribute ecstasy (two counts); aiding and abetting to distribute methamphetamine (three counts); possession with intent to distribute methamphetamine; District of Minnesota
  Sentence: 360 months' imprisonment; five years' supervised release (March 5, 2004); amended to 292 months' imprisonment (September 12, 2016)

  Commutation Grant: Prison sentence commuted to a term of 228 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• P.W. Ferguson – Columbia, SC
  Offense: Conspiracy to possess with intent to distribute and distribution of 50 grams or more of cocaine base; possession with intent to distribute and distribution of a quantity of cocaine base, aiding and abetting; District of South Carolina
  Sentence: Life imprisonment; 10 years' supervised release (May 31, 2007)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Darryl D. Fields – Harvey, IL
  Offense: Conspiracy to distribute 50 grams or more of crack cocaine; Northern District of Iowa
  Sentence: 240 months' imprisonment; 10 years' supervised release (June 8, 2009)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Timothy Fields – Mesquite, TX
  Offense: Conspiracy; possession with intent to distribute controlled substance, aiding and abetting (three counts); use and carry firearm during drug trafficking crime; Northern District of Texas
  Sentence: Life plus 60 months' imprisonment; five years' supervised release (February 16, 1994)

  Commutation Grant: Prison sentence commuted to a term of 465 months' imprisonment.

   

• Tyris Ford – Philadelphia, PA
  Offense: Conspiracy to distribute cocaine base ("crack"); distribution of cocaine base ("crack") or possession with intent to distribute cocaine base ("crack"); carrying a firearm during a drug trafficking crime; Eastern District of Pennsylvania
  Sentence: 300 months' imprisonment; 10 years' supervised release (January 5, 2001)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Eric Cornell Foster – Bladensburg, MD
  Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; Eastern District of Michigan
  Sentence: Life imprisonment (December 11, 2007)

  Commutation Grant: Prison sentence commuted to a term of 175 months' imprisonment.

   

• Osvaldo Richard Gonzalez – Sylmar, CA
  Offense: Conspiracy to distribute methamphetamine; possession of firearm in furtherance of a drug trafficking offense; Southern District of Iowa
  Sentence: 180 months' imprisonment; five years' supervised release (September 7, 2007)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Jamere Ireadus Hall – Kissimmee, FL
  Offense: Possession with intent to distribute cocaine and cocaine base; felon in possession of firearm; District of Maryland
  Sentence: 360 months' imprisonment; 10 years' supervised release (August 1, 2005)

  Commutation Grant: Prison sentence commuted to a term of 210 months' imprisonment.

   

• Avery Hardy – Smithville, GA
  Offense: Possession with the intent to distribute more than 50 grams of crack cocaine; Middle District of Georgia
  Sentence: Life imprisonment; 10 years' supervised release (January 12, 2006)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Donikki Hardy – Pacolet, SC
  Offense: Possession with intent to distribute crack cocaine; District of South Carolina
  Sentence: 480 months' imprisonment; five years' supervised release (November 26, 2002); amended to 300 months' imprisonment (October 28, 2008); amended to 299 months' imprisonment (February 5, 2014)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• William Crawford Hardy, III – Roanoke, VA
  Offense: Distribute 50 grams or more of cocaine base; Western District of Virginia
  Sentence: 240 months' imprisonment; 10 years' supervised release (February 7, 2006)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Robert Jeffrey Harris – Fort Walton Beach, FL
  Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; Northern District of Florida
  Sentence: Life imprisonment; 10 years' supervised release (December 12, 2006)

  Commutation Grant: Prison sentence commuted to a term of 210 months' imprisonment.

   

• Jeff Hendricks – Seagoville, TX
  Offense: Conspiracy to possess with intent to distribute and to distribute more than 500 grams of methamphetamine; conspiracy to possess a List I chemical to manufacture methamphetamine; Northern District of Texas
  Sentence: 360 months' imprisonment; five years' supervised release (May 9, 2002); amended to 324 months' imprisonment (April 1, 2016)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Warren Lavell Jackson – Port St. Lucie, FL
  Offense: Possession with intent to distribute cocaine; Southern District of Florida
  Sentence: Life imprisonment; 10 years' supervised release (March 7, 2000)

  Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.

   

• Timothy Johnson – Georgetown, SC
  Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute cocaine base; using and carrying a firearm during and in relation to a drug trafficking crime; District of South Carolina
  Sentence: 180 months' imprisonment; five years' supervised release (February 28, 2006)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Paul Kinney – Anaheim, CA
  Offense: Conspiracy to distribute and possess with the intent to distribute in excess of 500 grams of methamphetamine; Eastern District of Missouri
  Sentence: 235 months' imprisonment; five years' supervised release (April 19, 2006); amended to 210 months' imprisonment (December 19, 2014)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Daniel Lee Larsen – West Valley City, UT
  Offense: Possession of methamphetamine with intent to distribute; conspiracy or attempt to manufacture methamphetamine (two counts); establishment of a manufacture operation; possession of a listed chemical (two counts); possession of a firearm in furtherance of a drug trafficking offense; District of Utah
  Sentence: 384 months' imprisonment; five years' supervised release; $2,000 restitution (January 7, 2002)

  Commutation Grant: Prison sentence commuted to a term of 270 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Darrius Lewis – McComb, MS
  Offense: Conspiracy to distribute cocaine base; Southern District of Mississippi
  Sentence: 262 months' imprisonment; three years' supervised release (May 20, 2005)

  Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.

   

• Robert Lum – Waimanalo, HI
  Offense: Conspiracy to distribute and possess with intent to distribute in excess of 50 grams of methamphetamine; District of Hawaii
  Sentence: 240 months' imprisonment; 10 years' supervised release (November 28, 2005)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Karliss Lyttle – St. Louis, MO
  Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base; distribution of less than five grams of cocaine base (two counts); Southern District of Illinois
  Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (April 22, 2004)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Ryan W. Magro – Dunstable, MA
  Offense: Possession with intent to distribute a controlled substance; District of Massachusetts
  Sentence: 180 months' imprisonment; three years' supervised release (May 22, 2007)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Orlando Keith McCord – Flint, MI
  Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Michigan
  Sentence: 180 months' imprisonment; eight years' supervised release (April 19, 2007)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Donna Sue McDaniel – Boyd, TX
  Offense: Distribution of 219.6 grams of methamphetamine; Northern District of Texas
  Sentence: 360 months' imprisonment; five years' supervised release (September 27, 1996)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• John E. McNeill – Washington, DC
  Offense: Possession with intent to distribute 100 grams or more of phencyclidine, commonly known as PCP; conspiracy to distribute 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine, commonly known as PCP; District of Kansas
  Sentence: 240 months' imprisonment; 10 years' supervised release (February 23, 2004)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Frantz Michel – Brooklyn, NY
  Offense: Conspiracy to possess with intent to distribute and to distribute heroin, cocaine, and cocaine base; Eastern District of Virginia
  Sentence: Life imprisonment; five years' supervised release (January 31, 2003); amended to 300 months' imprisonment (November 1, 2011); amended to 235 months' imprisonment (November 2, 2015)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Vernard Mitchell – Washington, DC
  Offense: Unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year; unlawful possession with intent to distribute five grams or more of cocaine base; unlawful possession with intent to distribute heroin; unlawful possession with intent to distribute cannabis; District of Columbia
  Sentence: 262 months' imprisonment; five years' supervised release (March 30, 2007)

  Commutation Grant: Prison sentence commuted to a term of 210 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Robert L. Moffitt – Fort Worth, TX
  Offense: Conspiracy to possess and distribute cocaine base; distribution of cocaine base; maintaining a drug-involved premises (two counts); Northern District of Texas
  Sentence: 360 months' imprisonment; six years' supervised release (April 10, 2006); amended to 292 months' imprisonment (January 12, 2012)

  Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.

   

• Ward Everette Mohler – Linville, VA
  Offense: Conspiracy to possess with intent to distribute and distribution of methamphetamine; distribution of Lysergic Acid Diethylamide (three counts); carry firearm during drug trafficking (two counts); possession of firearm by a convicted felon (two counts); distribution of methamphetamine (nine counts); Western District of Virginia
  Sentence: 469 months' imprisonment; three years' supervised release (April 23, 1992); amended to 436 months' imprisonment (March 18, 2016)

  Commutation Grant: Prison sentence commuted to expire on December 22, 2016.

   

• Michael Toriano Morris – Charlotte, NC
  Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base; Western District of North Carolina
  Sentence: 360 months' imprisonment; five years' supervised release (August 19, 2004); amended to 292 months’ imprisonment (November 23, 2015)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Jerry Lee Mutchler – Riverton, IA
  Offense: Conspiracy to manufacture and distribute methamphetamine; Southern District of Iowa
  Sentence: 240 months' imprisonment; 10 years' supervised release (February 4, 2005)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Victor Robert Nava, Sr. – Billings, MT
  Offense: Conspiracy to distribute methamphetamine and marijuana; distribution of marijuana; possession of methamphetamine with intent to distribute; distribution of hydrocodone; possession of morphine with intent to distribute; possession of codeine with intent to distribute; District of Montana
  Sentence: Life imprisonment; 10 years' supervised release (May 22, 2002)

  Commutation Grant: Prison sentence commuted to a term of 270 months' imprisonment.

   

• Cathy Lea Neal – Council Bluffs, IA
  Offense: Conspiracy to distribute 500 grams or more of methamphetamine mixture and 50 grams or more of actual (pure) methamphetamine; Northern District of Iowa
  Sentence: 240 months' imprisonment; 10 years' supervised (September 24, 2009)

  Commutation Grant: Prison sentence commuted to expire on May 21, 2017.

   

• Jose Otero – Worcester, MA
  Offense: Possession of cocaine with intent to distribute; District of Massachusetts
  Sentence: 262 months' imprisonment; eight years' supervised release (June 29, 2006)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Tilman Rufus Partin – Frakes, KY
  Offense: Conspiracy to distribute cocaine; possession with intent to distribute cocaine, aiding and abetting; Eastern District of Kentucky
  Sentence: Life imprisonment; 10 years' supervised release (October 10, 1997)

  Commutation Grant: Prison sentence commuted to a term of 324 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Mario A. Powell – Kansas City, MO
  Offense: Conspiracy to distribute 50 grams or more of "crack" cocaine; Western District of Missouri
  Sentence: 240 months' imprisonment; 10 years' supervised release (April 16, 2009)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Roosevelt Terence Jerome Rayford – Sherman, TX
  Offense: Conspiracy to manufacture, distribute, possess, or dispense cocaine base (crack) or marijuana; Eastern District of Texas
  Sentence: 326 months' imprisonment; five years' supervised release; $2,000 fine (July 1, 2003); amended to 300 months’ imprisonment (April 29, 2004)

  Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.

   

• Eddie James Reed – Albany, GA
  Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute five grams or more of cocaine base; Middle District of Georgia
  Sentence: 262 months' imprisonment; five years' supervised release (February 28, 2008)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Jose Rodriguez – Camden, NJ
  Offense: Conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin and more than 50 grams of cocaine base; District of New Jersey
  Sentence: 360 months' imprisonment; five years' supervised release; $10,000 fine (April 27, 2006); amended to 235 months' imprisonment (August 28, 2015)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017 and unpaid balance of the $10,000 fine remitted.

   

• Cynthia Valdez Shank – Lansing, MI
  Offense: Conspiracy to possess with intent to distribute and to distribute more than five kilograms of powder cocaine, 50 grams of cocaine base, and/or 1,000 kilograms of marijuana; possession with intent to distribute five kilograms or more of cocaine; possession with intent to distribute 50 grams or more of cocaine base (crack cocaine); possession with intent to distribute 40 pounds of marijuana; Western District of Michigan
  Sentence: 180 months' imprisonment; five years' supervised release; $10,000 fine (February 29, 2008)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017, and unpaid balance of the $10,000 fine remitted.

   

• Artis Sherman – Allen, TX
  Offense: Conspiracy in the possession with intent to distribute more than 50 grams of crack cocaine; Western District of Texas
  Sentence: 300 months' imprisonment; 10 years' supervised release (November 30, 2007)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Carnell Smith – Hazel Crest, IL
  Offense: 1. Conspiracy to distribute and possess with intent to distribute mixtures

  containing cocaine; Northern District of Illinois

  2. Possession of a prohibited object by a prison inmate; Eastern District of Arkansas

  Sentence: 1. 262 months' imprisonment; five years’ supervised release (February 11, 2001)

  2. Seven months' imprisonment (consecutive) (January 5, 2012)

Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

 

• Marco Strickland – Detroit, MI
  Offense: Attempted possession with intent to distribute a controlled substance; Eastern District of Michigan
  Sentence: Life imprisonment (October 24, 2007)

  Commutation Grant: Prison sentence commuted to 168 months' imprisonment.

   

• Tony Taylor – Dunn, NC
  Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base (crack); distribution and possession with intent to distribute more than five grams of cocaine base (crack) (five counts); distribution and possession with intent to distribute more than 50 grams of cocaine base (crack); Eastern District of North Carolina
  Sentence: Life imprisonment; 10 years' supervised release (December 4, 2007)

  Commutation Grant: Prison sentence commuted to a term of 293 months' imprisonment.

   

• Deborah Theeler – Sioux City, IA
  Offense: Conspiracy to distribute 500 grams or more of methamphetamine mixture and 50 grams or more of actual (pure) methamphetamine following two prior felony convictions; Northern District of Iowa
  Sentence: 240 months' imprisonment; 10 years' supervised release (September 18, 2007)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Damarlon Cenaka Thomas – Saginaw, MI
  Offense: Distribution of five grams or more of cocaine base; Eastern District of Michigan
  Sentence: 230 months' imprisonment; eight years' supervised release (November 20, 2008)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Dexter Bert Tyson – Orlando, FL
  Offense: Conspiracy to distribute and possess with intent to distribute a mixture containing cocaine base and a mixture containing cocaine; possession with intent to distribute a mixture containing cocaine base and cocaine, aiding and abetting; possession with intent to distribute a mixture containing cocaine, aiding and abetting (two counts); possession of a firearm with an obliterated serial number in furtherance of a drug trafficking crime, aiding and abetting; possession of a firearm with an obliterated serial number, aiding and abetting, felon in possession of a firearm; felon in possession of ammunition; District of Maryland
  Sentence: Life plus 60 months' imprisonment; 10 years' supervised release (January 13, 2006)

  Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.

   

• Lavan Maurice Walker – Miami, FL
  Offense: Possession with intent to distribute a detectable amount of heroin (two counts); possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; Southern District of Florida
  Sentence: 420 months' imprisonment; six years' supervised release (March 9, 2004)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Jamie Warfield – Cape Girardeau, MO
  Offense: Possession with intent to distribute cocaine base (two counts); possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Missouri
  Sentence: 180 months' imprisonment; eight years' supervised release (July 20, 2005)

  Commutation Grant: Prison sentence commuted to expire on May 21, 2017

   

• Lamar Webster – Concord, CA
  Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine; money laundering conspiracy; money laundering; District of Montana
  Sentence: Life imprisonment (April 17, 2009)

  Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Sterling Kenneth Westberry – Pensacola, FL
  Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Northern District of Florida
  Sentence: Life imprisonment; 10 years' supervised release (September 15, 1998)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Travis L. Wilken – Midvale, UT
  Offense: Possession with intent to distribute five grams or more of actual methamphetamine; District of Utah
  Sentence: 235 months' imprisonment; eight years' supervised release (February 2, 2006)

  Commutation Grant: Prison sentence commuted to expire on November 22, 2018, conditioned upon enrollment in residential drug treatment.

   

• Derrick Maurice Williams – Durham, NC
  Offense: Possessed with intent to distribute cocaine base (crack); Middle District of North Carolina
  Sentence: 262 months' imprisonment; five years' supervised release (November 2, 2000)

  Commutation Grant: Prison sentence commuted to expire on May 21, 2017.

   

• Jacobi Lamont Williams – Greensboro, NC
  Offense: Distributed cocaine base (crack); Middle District of North Carolina
  Sentence: 262 months' imprisonment; eight years' supervised release (August 24, 2006)

  Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment, conditioned upon enrollment in residential drug treatment.

   

• Nelson Williams – Hammond, LA
  Offense: Possession with intent to distribute cocaine base (two counts); distribution of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by a convicted felon; Eastern District of Louisiana
  Sentence: 240 months' imprisonment; eight years' supervised release (July 21, 2004)

  Commutation Grant: Prison sentence commuted to expire on March 22, 2017.

   

• Darvell D. York – Chicago, IL
  Offense: Delivery of a controlled substance; Northern District of Illinois
  Sentence: 360 months' imprisonment; 10 years' supervised release (January 8, 2007)

  Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.

   

• Myron Young – Louisville, KY
  Offense: Conspiracy to possess with intent to distribute cocaine base; Western District of Kentucky

  Sentence: Life imprisonment; 10 years' supervised release (July 20, 2010)

  Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.

WASHINGTON—A federal grand jury in Central Islip, New York, returned an indictment today charging Thomas Kokell, a fisherman from East Northport, New York, with conspiracy, mail fraud and falsification of federal records, the Justice Department announced.

The charges stem from a fraudulent scheme designed to cover up the illegal harvest of fluke that was purportedly taken under the National Oceanic and Atmospheric Administration’s (NOAA) Research Set-Aside Program.  According to the indictment, the conspiracy between Kokell and a fish dealer, who previously pleaded guilty, involved the preparation and filing of dozens of false Fishing Vessel Trip Reports and electronic dealer reports.  The conspiracy was alleged to have hidden the overharvest of approximately 196,000 pounds of fluke valued at over $400,000.

The defendant will be arraigned in Central Islip at a yet to be scheduled date.   An indictment is merely an accusation and the defendant is presumed innocent unless and until proven guilty in a court of law.

The case was investigated by agents of NOAA’s National Marine Fisheries Service.  The case is being prosecuted by Christopher Hale and Brendan Selby of the Justice Department’s Environmental Crimes Section.

 

Indictment

The Justice Department announced today that it reached a settlement with the Aldine, Texas, Independent School District resolving allegations that the district discriminated against work-authorized non-citizens in violation of the Immigration and Nationality Act (INA).   The district is the ninth largest school district in the state with an enrollment of almost 70,000 students. 

The department’s investigation, conducted by the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), found that Aldine required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents when reverifying their employment eligibility once their original documents expired.  The INA’s anti-discrimination provision prohibits employers from making specific documentary demands based on citizenship or national origin when verifying or reverifying an employee’s authorization to work.  Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the lists of acceptable documents to prove their work authorization, and employers cannot limit employees’ choice of documentation because of their citizenship or national origin.

“Employers must ensure that their human resources staff understand proper hiring practices,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The INA prohibits discrimination because of citizenship status and the Civil Rights Division continues to enforce this statute around the country to remind all employers of their compliance obligations as well as to vindicate the rights of employees.”

As part of the agreement, Aldine will revise its policies and procedures, pay a $140,000 civil penalty and implement a three-year program to train employees, students and students’ parents on the requirements of the INA’s anti-discrimination provision.  Specifically, the training program, which will be developed by Aldine staff, will be focused on educating adult participants in Aldine’s parent literacy/English as a Second Language (ESL) classes, 12th grade students enrolled in certain classes and the school district’s employees. 

OSC 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; retaliation and intimidation.

For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’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 OSC’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, 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 OSC’s worker hotline for assistance.

Trial Attorney Richard Crespo of the Civil Rights Division handled this matter. 

Aldine Settlement Agreement

The Justice Department today announced an Americans with Disabilities Act (ADA) Title III regulation to further clarify a public accommodation’s obligation to provide appropriate auxiliary aids and services for people with disabilities.  The final rule provides that public accommodations that own, operate or lease movie theaters are required to provide closed movie captioning and audio description whenever showing a digital movie that is produced, distributed or otherwise made available with these features.

Title III of the ADA requires public accommodations to furnish appropriate auxiliary aids and services, where necessary, to ensure effective communication with people with disabilities, and the department has long held the position that captioning and audio description are auxiliary aids required by the ADA.  Despite this obligation and the widespread availability of movies with these features, the department received numerous reports from the disability community indicating that neither closed movie captioning nor audio description is universally available at movie theaters across the United States.

The department initiated this rulemaking on June 10, 2010, with the publication of its Advance Notice of Proposed Rulemaking (ANPRM) and then published its Notice of Proposed Rulemaking (NPRM) on Aug. 1, 2014.  In total, the department received over 1,500 comments on the ANPRM and the NPRM, including a comment on the NPRM that was jointly submitted by advocacy groups representing individuals with hearing disabilities and the movie theater industry.  The department intends to publish the final rule in the Federal Register in the near future, and the rule will take effect 45 days after publication.

“The disability community and movie theater industry provided comprehensive insight on this important regulation,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department’s regulation establishes a nationally consistent standard and ensures that, in theaters across the country, people with hearing and vision disabilities can fully enjoy watching movies with their families and friends.”

The final rule requires movie theaters to have available and maintain the equipment necessary to provide closed movie captioning and audio description so that it is delivered to a movie patron’s seat and available only to that patron.  Movie theaters are also required to notify the public about the availability of these features and have staff available to assist movie patrons with the equipment. 

The requirements of this rule do not apply to any movie theater that shows analog movies exclusively.  Additionally, the compliance limitations under Title III of the ADA apply to this rulemaking, and thus, the rule makes clear that movie theaters do not have to comply with the rule’s requirements if compliance would result in an undue burden or a fundamental alteration.

For more information about this rule or the ADA, please visit the department’s ADA website or call the ADA Information Line (1-800-514-0301, 1-800-514-3083, TTY).  Once the final rule is published in the Federal Register, a copy will be available on the Federal Register’s website.

Final Rule Movie Captioning 

WASHINGTON – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con el Distrito Escolar Independiente de Aldine, Texas que resuelve las acusaciones de que el distrito discriminaba contra inmigrantes autorizados para trabajar, en contravención de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). El distrito es el noveno distrito escolar más grande del estado, con una población estudiantil de casi 70.000 alumnos. 

La investigación del Departamento de Justicia, llevada a cabo por la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), determinó que Aldine obligaba a los que no eran ciudadanos estadounidenses, pero no a los ciudadanos estadounidenses en situaciones similares, que presentaran documentos específicos cuando re-verificaban su permiso de trabajar una vez que sus documentos originales vencían. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos debido a la nacionalidad u origen nacional de sus trabajadores al verificar o re-verificar el permiso de trabajar.  Según la INA, todos los trabajadores, incluso los que no son ciudadanos estadounidenses, tienen el derecho de escoger cualquier documentación válida que deseen presentar de la Lista de Documentos Aceptables para comprobar su permiso de trabajar, y los empleadores no pueden limitar la selección de documentos que presenten los trabajadores debido a su ciudadanía u origen nacional.

“Los empleadores deben cerciorarse de que su personal de recursos humanos entiendan las prácticas correctas de contratación,” dijo la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, encargada de la División de Derechos Civiles del Departamento de Justicia.  “La INA prohíbe la discriminación debido a la ciudadanía y la División de Derechos Civiles continúa haciendo cumplir esta ley por todo el país para recordar a todos los empleadores de sus obligaciones y para reivindicar los derechos de los empleados.”

Según los términos del acuerdo, Aldine revisará sus políticas y procedimientos, pagará una sanción civil de $140.000, e implementará un programa de tres años para capacitar a los empleados, estudiantes y a los padres de estudiantes respecto a la disposición antidiscriminatoria de la INA.  Más específicamente, el programa de formación, será creado por el personal de Aldine y se concentrará en educar a los participantes adultos en clases de alfabetización para apoderados de Aldine y en clases de Inglés como segundo idioma (ESL, por sus siglas en inglés), a los alumnos de 12º año matriculados en ciertas clases y a los empleados del distrito. 

La OSC es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, dicha ley prohíbe la discriminación debido a la nacionalidad u origen nacional al contratar, despedir, o reclutar o recomendar por comisión; prácticas injustas respecto a documentos; las represalias y la intimidación. 

Para más información sobre las protecciones contra la discriminación en el empleo en las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); llame a la línea directa de la OSC para empleadores at 1-800-255-8155 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); inscríbase para un webinar gratis en www.justice.gov/crt/about/osc/webinars.php, escriba por correo electrónico a osccrt@usdoj.gov; o visite la página web de la OSC en www.justice.gov/crt/about/osc.  

Los postulantes o empleados que crean que fueron sometidos a requisitos distintos respecto a documentación debido a su nacionalidad, estatus migratorio u origen nacional; o a discriminación debido a su ciudadanía, estatus migratorio u origen nacional en la contratación, despido, reclutamiento o recomendación por comisión deben comunicarse con la línea directa de la OSC para trabajadores para obtener ayuda.

El abogado litigante Richard Crespo de la División de Derechos Civiles se encargó de este caso.

WASHINGTON – El Departamento de Justicia anunció hoy que había llegado a un acuerdo con el Distrito Escolar Independiente de Aldine, Texas que resuelve las acusaciones de que el distrito discriminaba contra inmigrantes autorizados para trabajar, en contravención de la Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). El distrito es el noveno distrito escolar más grande del estado, con una población estudiantil de casi 70.000 alumnos. 

La investigación del Departamento de Justicia, llevada a cabo por la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés), determinó que Aldine obligaba a los que no eran ciudadanos estadounidenses, pero no a los ciudadanos estadounidenses en situaciones similares, que presentaran documentos específicos cuando re-verificaban su permiso de trabajar una vez que sus documentos originales vencían. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos debido a la nacionalidad u origen nacional de sus trabajadores al verificar o re-verificar el permiso de trabajar.  Según la INA, todos los trabajadores, incluso los que no son ciudadanos estadounidenses, tienen el derecho de escoger cualquier documentación válida que deseen presentar de la Lista de Documentos Aceptables para comprobar su permiso de trabajar, y los empleadores no pueden limitar la selección de documentos que presenten los trabajadores debido a su ciudadanía u origen nacional.

“Los empleadores deben cerciorarse de que su personal de recursos humanos entiendan las prácticas correctas de contratación,” dijo la Secretaria de Justicia Auxiliar Adjunta Principal Vanita Gupta, encargada de la División de Derechos Civiles del Departamento de Justicia.  “La INA prohíbe la discriminación debido a la ciudadanía y la División de Derechos Civiles continúa haciendo cumplir esta ley por todo el país para recordar a todos los empleadores de sus obligaciones y para reivindicar los derechos de los empleados.”

Según los términos del acuerdo, Aldine revisará sus políticas y procedimientos, pagará una sanción civil de $140.000, e implementará un programa de tres años para capacitar a los empleados, estudiantes y a los padres de estudiantes respecto a la disposición antidiscriminatoria de la INA.  Más específicamente, el programa de formación, será creado por el personal de Aldine y se concentrará en educar a los participantes adultos en clases de alfabetización para apoderados de Aldine y en clases de Inglés como segundo idioma (ESL, por sus siglas en inglés), a los alumnos de 12º año matriculados en ciertas clases y a los empleados del distrito. 

La OSC es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, dicha ley prohíbe la discriminación debido a la nacionalidad u origen nacional al contratar, despedir, o reclutar o recomendar por comisión; prácticas injustas respecto a documentos; las represalias y la intimidación. 

Para más información sobre las protecciones contra la discriminación en el empleo en las leyes de inmigración, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); llame a la línea directa de la OSC para empleadores at 1-800-255-8155 (1-800-237-2515, TTY para quienes tengan deficiencias auditivas); inscríbase para un webinar gratis en www.justice.gov/crt/about/osc/webinars.php, escriba por correo electrónico a osccrt@usdoj.gov; o visite la página web de la OSC en www.justice.gov/crt/about/osc.  

Los postulantes o empleados que crean que fueron sometidos a requisitos distintos respecto a documentación debido a su nacionalidad, estatus migratorio u origen nacional; o a discriminación debido a su ciudadanía, estatus migratorio u origen nacional en la contratación, despido, reclutamiento o recomendación por comisión deben comunicarse con la línea directa de la OSC para trabajadores para obtener ayuda.

El abogado litigante Richard Crespo de la División de Derechos Civiles se encargó de este caso.