District Not Recorded

The Justice Department announced today the release of a report on its critical incident review of the law enforcement response to the tragic school shooting at Robb Elementary School. Attorney General Merrick B. Garland announced the review shortly after the tragedy on May 24, 2022, in which 19 children and two teachers died at Robb Elementary School in Uvalde, Texas. The report provides a thorough description of the critical incident review that has taken place over the past 20 months.

The report is intended to provide the most comprehensive assessment available of the law enforcement response to the horrific incident on May 24, 2022, as well as the emergency medical response, communications, and trauma services in the wake of the tragedy. It begins with a minute-by-minute timeline reconstructing key events before, during, and immediately following the shooting. The report addresses many previously unanswered questions, builds on the existing knowledge base for responding to incidents of mass violence, and identifies generally accepted practices for effective law enforcement responses. In doing so, this report endeavors to honor the victims and survivors of this tragedy, as well as offer recommendations to improve future responses in other communities. 

“The victims and survivors of the mass shooting at Robb Elementary School deserved better,” said Attorney General Garland. “The law enforcement response at Robb Elementary on May 24th, 2022 — and the response by officials in the hours and days after — was a failure. As a consequence of failed leadership, training, and policies, 33 students and three of their teachers — many of whom had been shot — were trapped in a room with an active shooter for over an hour as law enforcement officials remained outside. We hope to honor the victims and survivors by working together to try to prevent anything like this from happening again, here or anywhere.”

“Uvalde is a community that is healing, and getting clear on the facts is part of healing,” said Associate Attorney General Vanita Gupta. “As I made clear last April when I came to Uvalde to meet with families and reiterated to them last night, we promised that our report would honor the victims and survivors; provide a detailed, independent, and authoritative accounting of the events; and would not only look backward but would also identify lessons learned and recommendations for other communities to prevent something like this from happening again.”

“The observations and recommendations in this report are based on national standards, generally accepted standards and practices, current research, and the expectations of communities,” said Director Hugh T. Clements, Jr. of the Office of Community Oriented Policing Services (COPS Office). “Reports like this are critical to law enforcement and, by extension, to the community. As agencies constantly strive to do better and be more fully prepared, detailed observations and recommendations like those within this report are invaluable to agencies planning for the future.”

The report examines the multiple failures in the response to the tragedy, including the breakdowns in leadership, decision-making, tactics, policy, and training that contributed to those failures. It describes the responding officers’ most significant failure as not treating the incident throughout as an active shooter situation and using the available and sufficient resources and equipment to push forward immediately and continuously to eliminate the threat. Although several of the first officers on the scene initially acted consistent with generally accepted practices to try to engage the subject, once they retreated after being met with gunfire, the law enforcement responders began treating the incident as a barricaded subject scenario rather than as an active shooter situation. In all, there was a 77-minute gap between when officers first arrived on the scene and when they finally confronted and killed the subject.

The report also examines the communications challenges during and after the shooting, including the inaccurate narrative that was initially delivered. It also documents the trauma and support services that were provided, as well as those that were not provided, to victims, survivors, family members, and responders.

The critical incident review was led by the COPS Office, with the support of leading subject matter experts with a wide variety of relevant experience. The team established the following areas of focus: (1) incident timeline reconstruction; (2) tactics and equipment; (3) leadership, incident command, and coordination; (4) post-incident response and investigation; (5) public communications during and following the crisis; (6) trauma and support services; (7) school safety and security; and (8) pre-incident planning and preparation.

The team collected and reviewed more than 14,000 pieces of data and documentation, including policies, training logs, body camera and CCTV video footage, audio recordings, photographs, personnel records, manuals and standard operating procedures, interview transcripts, investigative files and data, and other documents. The team also spent 54 days onsite in Uvalde and conducted over 260 interviews of individuals who either played a role or had important information related to areas of the review. Those interviews included personnel from the law enforcement agencies involved in the response to the mass shooting; other first responders and medical personnel; victims’ family members; victim services providers; communications professionals and public information officers; school personnel; elected and appointed government officials; survivors and other witnesses; and hospital staff.

The report, in both English and Spanish, as well as profiles of the victims and additional resources, is available on the COPS Office website at cops.usdoj.gov/uvalde.

The team took great care to be intentional about the words used in the report to convey the facts, observations, and recommendations. Nevertheless, the descriptions may be activating for some readers due to the explanations of this mass casualty incident, including the age of the victims. For resources, including free and confidential emotional support, please visit www.988lifeline.org or call or text 988 to reach the Suicide & Crisis Lifeline, available 24 hours a day, seven days a week, 365 days a year.

Today, the Justice Department joined 10 states and the District of Columbia in a civil antitrust lawsuit challenging the National Collegiate Athletics Association’s (NCAA) Transfer Eligibility Rule. The amended complaint alleges that the NCAA unreasonably restricts college athletes’ freedom to transfer between academic institutions by limiting their eligibility to participate in intercollegiate contests if they transfer more than once during their college careers. By deterring transfers, the rule also denies athletes educational opportunities.

Last month, the states of Ohio, Colorado, Illinois, New York, North Carolina, Tennessee and West Virginia filed this lawsuit in the Northern District of West Virginia. Shortly after filing, the court granted the states’ request for a temporary restraining order, finding the NCAA’s Transfer Eligibility Rule likely violates Section 1 of the Sherman Act. Today, plaintiffs filed an amended complaint adding the United States, the states of Minnesota, Mississippi and Virginia and the District of Columbia as co-plaintiffs.

“We are proud to stand with our state law enforcement partners on behalf of college athletes across the nation,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “NCAA Division I institutions compete with each other not just on the playing field or in the arena, but to recruit and retain college athletes. College athletes should be able to freely choose the institutions that best meet their academic, personal and professional development needs without anticompetitive restrictions that limit their mobility by sacrificing a year of athletic competition.”

The amended complaint alleges that the NCAA’s one-time-transfer rule unreasonably restrains competition in the markets for athletic services in men’s and women’s Division I basketball and Football Bowl Subdivision (FBS) football, as well as for athletic services in all other men’s and women’s Division I sports. The rule forces college athletes who transfer more than once to sit on the sidelines for an entire season before they are eligible to compete in NCAA athletic competitions at their new school. The amended complaint further alleges that the restriction limits college athletes’ bargaining power and harms both their educational and athletic experiences.

A Georgia man was sentenced today to two years in prison for obstructing the IRS in its efforts to collect employment taxes.

According to court documents and statements made in court, from at least 2003, Douglas K. Mittleider, of Adairsville, operated long-term care facilities throughout the United States and was responsible for paying the IRS the federal income and Social Security and Medicare taxes withheld from employees’ wages. In June 2004, the IRS assessed against him personally the employment taxes Mittleider had not paid—also known as the Trust Fund Recovery Penalty. Beginning in at least November 2011, Mittleider took multiple steps to conceal business funds and impede the IRS’s ability to collect his outstanding tax liability. Among other things, Mittleider directed the commingling of funds among businesses he controlled and used funds for purposes other than to pay the IRS. Mittleider also caused the creation of new operating companies and bank accounts to make it more difficult for the IRS to locate assets and levy accounts. In total, Mittleider’s conduct caused a tax loss to the IRS of more than $17 million.

In addition to the term of imprisonment, U.S. District Judge Thomas W. Thrash Jr. for the Northern District of Georgia ordered Mittleider to serve one year of supervised release and to pay $17,080,566 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation investigated the case.

Senior Litigation Counsel Sean Beaty and Trial Attorneys Ashley Stein and Andres Chinchilla of the Justice Department’s Tax Division prosecuted the case.

A Minnesota woman, who previously ran a tax preparation business in Maryland, pleaded guilty today to aiding in the preparation of false tax returns.

According to court documents and statements made in court, Kymberly Starr owned and operated The Tax Lady, also known as 5 Starr Business Solutions, a tax preparation business in Maryland. From 2013 to at least 2018, Starr inflated her clients’ tax refunds by preparing and submitting to the IRS false tax returns that claimed fraudulent tax deductions and fictitious business profits and losses. Starr’s conduct resulted in a loss to the IRS of at least $400,000.

Additionally, in 2020 and 2021, Starr obtained over $83,000 in COVID-related Paycheck Protection Program (PPP) loans by submitting fabricated IRS forms containing purported business income from bogus businesses. Starr also filed a false claim, which included fabricated federal tax forms, for unemployment insurance with the Maryland Department of Labor from which she received over $55,000.

Starr is scheduled to be sentenced on April 26 and faces a maximum penalty of three years in prison. She also faces a period of supervised release, restitution and monetary penalties. U.S. District Judge Theodore D. Chuang for the District of Maryland will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Shawn Noud and Ezra Spiro of the Justice Department’s Tax Division are prosecuting the case.

El Departamento de Justicia anunció hoy la publicación de un informe de su análisis de incidentes críticos sobre la respuesta de las fuerzas del orden público al trágico tiroteo escolar en la Escuela Primaria Robb. El Fiscal General Merrick B. Garland anunció el análisis poco después de la tragedia del 24 de mayo de 2022 en la que fallecieron 19 menores y dos maestras en la Escuela Primaria Robb en Uvalde, Texas. El informe proporciona una descripción exhaustiva del análisis de incidentes críticos que se ha llevado a cabo en los últimos 20 meses.

El informe pretende ofrecer la evaluación más completa disponible de la respuesta de las fuerzas del orden público al terrible incidente del 24 de mayo de 2022, así como de la respuesta médica de emergencia, las comunicaciones y los servicios especializados en traumas después de la tragedia. Comienza con una cronología minuto a minuto que reconstruye los acontecimientos clave antes, durante e inmediatamente después del tiroteo. El informe aborda muchas cuestiones que hasta ahora habían quedado sin respuesta, amplía la base de conocimientos existente sobre la respuesta a incidentes de violencia masiva e identifica las prácticas generalmente aceptadas para una respuesta eficaz de las fuerzas del orden público. Con ello, este informe pretende conmemorar a las víctimas y a los sobrevivientes de esta tragedia, así como ofrecer recomendaciones para mejorar las respuestas futuras en otras comunidades.

"Las víctimas y los sobrevivientes del tiroteo masivo en la Escuela Primaria Robb merecían algo mejor", afirmó el Fiscal General Merrick B. Garland. "La respuesta de las fuerzas del orden público en la Escuela Primaria Robb el 24 de mayo de 2022 – y la respuesta de los funcionarios en las horas y días posteriores – fue un fracaso. Como consecuencia del fracaso del liderazgo, la capacitación y las políticas, 33 estudiantes y tres de sus maestras – muchos de los cuales habían recibido disparos – quedaron atrapados en una sala con un tirador activo durante más de una hora, mientras que los funcionarios del orden público permanecieron fuera. Esperamos honrar a las víctimas y a los sobrevivientes al trabajar juntos para intentar evitar que algo así vuelva a ocurrir, aquí o en cualquier otro lugar".

"Uvalde es una comunidad que se está sanando, y aclarar los hechos es parte de la sanación," expresó la Fiscal General Asociada Vanita Gupta. "Como dejé claro el abril pasado cuando vine a Uvalde para reunirme con las familias, y les reiteré anoche, prometimos que nuestro informe honraría a las víctimas y los sobrevivientes; proporcionaría un recuento detallado, independiente y fidedigno de los hechos; y no sólo miraría hacia atrás, sino que también identificaría las lecciones aprendidas y las recomendaciones para otras comunidades, para evitar que algo como esto vuelva a suceder".

"Las observaciones y recomendaciones de este informe se basan en las normas nacionales, las normas y prácticas generalmente aceptadas, la investigación actual y las expectativas de las comunidades", declaró Hugh T. Clements, Jr., Director de la Oficina de Servicios Policiales Orientados hacia la Comunidad (Oficina COPS, por sus siglas en inglés). “Estos informes son fundamentales para la aplicación de la ley y, por ende, para la comunidad. A medida que los organismos se esfuerzan constantemente por mejorar y estar mejor preparados, las observaciones y recomendaciones detalladas como las contenidas en este informe son de un valor incalculable para la planificación de las agencias para el futuro".

El informe examina los múltiples fallos en la respuesta a la tragedia, incluidos los fallos de liderazgo, toma de decisiones, tácticas, políticas y capacitación que contribuyeron a dichos fallos. Describe como el fallo más significativo de los agentes que respondieron al incidente el no reconocer inmediatamente que se trataba de una situación de tirador activo y no utilizar los recursos y equipos disponibles y suficientes para avanzar de inmediato y de forma continuada a fin de eliminar la amenaza. Aunque varios de los primeros agentes que llegaron al lugar actuaron inicialmente de acuerdo con las prácticas generalmente aceptadas para tratar de enfrentarse al sujeto, una vez que se retiraron después de ser recibidos con disparos, las fuerzas del orden público comenzaron a tratar el incidente como una situación de sujeto atrincherado y no como una situación de tirador activo. En total, transcurrieron 77 minutos entre el momento en que los agentes llegaron al lugar y el momento en que finalmente se enfrentaron al sujeto y lo mataron.

El informe también examina los problemas de comunicación durante y después del tiroteo, incluida la versión inexacta que se ofreció inicialmente. También documenta los servicios de apoyo y especializados en trauma que se prestaron, así como los que no se prestaron, a las víctimas, los sobrevivientes, los familiares y los respondedores.

El análisis de los incidentes críticos fue dirigido por la Oficina COPS, con el apoyo de destacados expertos en la materia con una amplia variedad de experiencia pertinente. El equipo estableció las siguientes áreas de interés: (1) reconstrucción de la cronología del incidente; (2) tácticas y equipos; (3) liderazgo, mando del incidente y coordinación; (4) respuesta e investigación después del incidente; (5) comunicaciones públicas durante y después de la crisis; (6) servicios especializados en trauma y de apoyo; (7) seguridad y protección escolar; y (8) planificación y preparación previas a incidentes.

El equipo recopiló y analizó más de 14,000 datos y documentos, entre ellos políticas, registros de capacitación, grabaciones de vídeo de cámaras corporales y de circuito cerrado de televisión, grabaciones de audio, fotografías, registros de personal, manuales y procedimientos operativos estándar, transcripciones de entrevistas, archivos y datos de investigación y otros documentos. El equipo también permaneció 54 días en el lugar de los hechos en Uvalde y realizó más de 260 entrevistas a personas que desempeñaron un papel o tenían información importante relacionada con las áreas del análisis. Entre las personas entrevistadas se encontraban personal de las agencias del orden público que participaron en la respuesta al tiroteo masivo; otros primeros respondedores y personal médico; familiares de las víctimas; proveedores de servicios a las víctimas; profesionales de la comunicación y funcionarios de información pública; personal escolar; funcionarios electos y designados; sobrevivientes y otros testigos; y personal hospitalario.

El informe, tanto en inglés como en español, así como los perfiles de las víctimas y recursos adicionales, está disponible en el sitio web de la Oficina COPS en https://cops.usdoj.gov/uvalde.

El equipo ha tenido mucho cuidado con las palabras utilizadas en el informe para transmitir los hechos, las observaciones y las recomendaciones. No obstante, las descripciones pueden resultar activadoras para algunos lectores debido a las explicaciones de este incidente con víctimas en masa, incluida la edad de las víctimas. Para obtener recursos, incluido apoyo emocional gratuito y confidencial, visite a www.988lifeline.org o llame o envíe un mensaje de texto al 988 para ponerse en contacto con la Línea de Prevención del Suicidio y Crisis disponible las 24 horas al día, siete días a la semana, 365 días al año.

The Justice Department and Environmental Protection Agency (EPA) today announced that Swinerton Builders has agreed to pay a $2.3 million penalty – divided between the United States, Alabama Department of Environmental Management (ADEM) and State of Illinois – to resolve allegations that it violated the Clean Water Act and related state laws during the construction of solar farms in Alabama, Idaho and Illinois.

The company has also agreed to undertake mitigation actions to help restore the Portneuf River in Idaho and to purchase stream credits to improve the watershed surrounding the Alabama site. The states of Alabama and Illinois joined the United States in the settlement.

“This settlement holds Swinerton accountable for its widespread Clean Water Act violations and ensures that nearby communities in Alabama and Idaho will benefit from projects to restore waterways and enhance recreation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We’re grateful for the work and cooperation of our state partners in helping reach this agreement.”

“Illegal stormwater discharges from construction projects can contaminate municipal drinking water systems and harm aquatic life, which is why EPA, the Justice Department, and our state partners worked together to hold Swinerton Builders accountable for the company’s violations of the Clean Water Act,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Solar farms are vital to slowing the effects of climate change, but companies building solar farms must comply with environmental protection requirements just as companies must do for any other construction project.”

“My office was pleased to work with the Justice Department to resolve the alleged water pollution violations,” said Illinois Attorney General Kwame Raoul. “Clean water is a critical resource and I will continue the work to protect Illinois water sources.”

“We are pleased with today’s announced settlement, which holds the builder to task for serious stormwater violations that harmed the watershed and its ecosystem,” said ADEM Director Lance LeFleur. “The settlement not only requires Swinerton to pay civil penalties to both the state and federal government, it also obligates the company to mitigate the environmental damage it caused by taking steps to protect water quality and preserve habitats through the purchase of stream credits. Those credits are an investment that will provide long-term benefits to the watershed.”

Background

Swinerton is a California-based construction company that operates nationwide. Until 2021, its Swinerton Renewable Energy division was the country’s leading constructor of utility-scale solar farms.

Solar farm construction involves clearing and grading large sections of land, which can lead to significant erosion and major runoff of sediment into waterways if stormwater controls at the site are inadequate. Increased sediment in waterways can injure, suffocate or kill aquatic life, damage aquatic ecosystems and cause significant harm to drinking water treatment systems. To avoid these harms to the environment and public health, parties responsible for construction of solar farms must obtain construction stormwater permits under the Clean Water Act and comply with the terms of those permits. A complaint filed with the settlement alleges that during its construction of solar farms near American Falls, Idaho, Lafayette, Alabama, and Perry and White Counties, Illinois, Swinerton failed to use proper stormwater controls, did not conduct regular site inspections by qualified personnel and did not accurately report and address stormwater issues. At the Alabama and Idaho sites, Swinerton’s actions led to unauthorized discharges of large volumes of sediment-laden stormwater into nearby waterways. The United States previously settled cases against the owners of the four solar farm sites.

Settlement Details

To resolve the alleged Clean Water Act violations at these sites, Swinerton will pay a civil penalty of $1,614,600 to the United States, $540,500 to ADEM and $144,900 to the State of Illinois. In addition, Swinerton will fund substantial mitigation projects to redress the excess sediment discharges at the Idaho and Alabama sites. In Idaho, Swinerton will provide $600,000 in funding towards a restoration project on the Portneuf River in nearby Pocatello. The project will capture sediment, reconnect riparian and wetland habitat, and provide a host of other environmental and recreational benefits. In Alabama, Swinerton will purchase 14,020 stream credits in the surrounding watershed, which will help preserve the watershed to promote healthier water quality and aquatic habitats.

The Justice Department’s Environmental Enforcement Section lodged the consent decree with the U.S. District Court for the Northern District of California. It is subject to a 30-day public comment period and final court approval. The consent decree can be viewed on the Justice Department’s website: www.justice.gov/enrd/consent-decrees.

Anthony Shane Gilstrap was sentenced today to 63 months in prison for violating the Resource Conservation and Recovery Act (RCRA) by illegally transporting hazardous waste in Hawaii, and to possessing a stolen firearm in Kansas. Gilstrap, who had pleaded guilty to the crimes in April, will also serve three years of supervised release during which time he will participate in treatment and programs for mental health, cognitive behavior and substance abuse.

According to documents filed in court, Gilstrap violated the RCRA in Hawaii by contracting to remove 35 drums of the hazardous waste perchloroethylene (perc) from a dry-cleaning operation in Honolulu in January 2017. Gilstrap offered, at a steep discount, to take away the illegally stored, spent solvent. He did not use required safeguards like an RCRA hazardous waste manifest, which traces waste to its ultimate disposal site. Gilstrap moved the drums to a warehouse he controlled where it sat for months without a required permit. He forged a manifest after government officials asked about the drums, falsely saying he had shipped the drums to Oregon.

The company that owned the dry-cleaning operation and its Hawaii regional manager have pleaded guilty and been sentenced. The drums of waste perc were ultimately disposed of properly. Law enforcement in Kansas later stopped Gilstrap for a traffic violation and found in his truck a handgun, which Gilstrap admitted was stolen. The cases of handgun and RCRA violations were consolidated for Gilstrap’s plea and sentencing.

“Laws like the Resource Conservation and Recovery Act help protect people and our environment from hazardous waste exposure by requiring safe transportation and storage practices,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “We are glad that this unusual case was ultimately resolved without prolonged and serious harm.”

“The illegal storage and transportation of hazardous waste poses very serious public health danger,” said Assistant Special Agent in Charge Benjamin Carr of the Environmental Protection Agency’s (EPA) criminal enforcement program in Hawaii. “Today’s sentencing demonstrates that EPA and our law enforcement partners are committed to protecting the American people from reckless criminal activity that jeopardizes human health and the environment.”

U.S. District Judge Eric F. Melgren for the District of Kansas issued the sentence.

EPA’s Criminal Investigation Division; the Sumner (Kansas) County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case

Senior Counsel Krishna Dighe of the Justice Department’s Environmental Crimes Section, Assistant U.S. Attorney Oladotun O. Odeyemi for the District of Kansas and Assistant U.S. Attorney Gregg Paris Yates for the District of Hawaii prosecuted the case.

Assistant Attorney General Amy L. Solomon joined top leaders from the Office of Justice Programs (OJP) and the Department of Education for the Education in Corrections Symposium at the American Correctional Association Winter Conference in National Harbor, Maryland, last week. Secretary of Education Miguel Cardona delivered a keynote address to help open the symposium, with Bureau of Justice Assistance (BJA) Director Karhlton F. Moore also delivering introductory remarks.

The event featured discussions of efforts to break down barriers that divide correctional education as separate from the larger field of education. OJP has invested heavily in evolving the nation’s approach to corrections and supporting people as they return from confinement to their communities. This work includes improving the reentry potential of those currently incarcerated, issuing new Guidelines for Managing Substance Withdrawal in Jails and supporting recent research that indicates an innovative approach to prison housing is showing promise.

The symposium featured Assistant Attorney General Solomon and Assistant Secretary for Education Amy Loyd in a conversation about federal Pell Grant reinstatement for incarcerated students, moderated by BJA Second Chance Fellow Angel Sanchez. Sanchez is a formerly incarcerated person who received a Pell Grant after his release and went on to obtain his undergraduate and law degrees. He is currently working towards his L.L.M. degree at Yale Law School and serves as a visiting fellow with BJA. Solomon also participated in a roundtable with Secretary of Education Cardona, Assistant Secretary Loyd and select state correctional education leaders regarding the Department of Education’s role in supporting correctional education.

Starting in 1994, incarcerated individuals were prohibited from receiving Pell funding. Eligibility was restored when the Free Application for Federal Student Aid®, or FAFSA, Simplification Act became law in 2020, granting access to students in federal and state penal institutions, and local and juvenile correctional facilities, beginning in the 2023-2024 academic year.

“Postsecondary education improves the likelihood of reentry success. And research bears this out — it’s strongly associated with reductions in recidivism, and it pays for itself four times over,” said Assistant Attorney General Solomon. “It unlocks potential and opens the door to individual growth and development. And it has a multi-generational benefit. Kids are more likely to go to college or trade school when their parents do, so a postsecondary education can actually create a legacy of academic participation that carries over to one’s children and grandchildren.”

The conversation also covered current challenges in providing educational opportunities for justice-involved individuals and existing resources available through OJP and the Department of Education. Assistant Attorney General Solomon and Assistant Secretary Loyd discussed the history of collaboration between the two agencies, beginning with the launch of the Second Chance Pell Experiment in 2015. Second Chance Pell enlisted institutions of higher learning to partner with federal and state correctional systems to provide Pell assistance on a pilot basis. Over time, 200 colleges and universities in 48 states joined the initiative, and more than 9,000 students earned postsecondary credentials with the support of Pell Grants.

Through funding from OJP, the Vera Institute of Justice has provided technical assistance to participating colleges and corrections departments to ensure that the programs offer high-quality postsecondary education in prison and after release. Assistant Attorney General Solomon and Assistant Secretary Loyd emphasized the importance of partnering with corrections experts, formerly incarcerated students and others to build on the critical momentum that has been gained in expanding opportunities for incarcerated individuals to safely and productively reenter society.

OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation's capacity to prevent and reduce crime, advance equity and fairness in the administration of justice, assist victims and uphold the rule of law. More information about OJP and its components can be found at www.ojp.gov.

A Nevada man was sentenced today to three years in prison for willfully aiding and assisting the filing of false tax returns, in connection with a scheme to sell purported investment opportunities to clients that he falsely claimed would entitle them to IRS tax deductions.

According to court documents and statements made in court, Lance K. Bradford, of Henderson, was a certified public accountant and founder and manager of LL Bradford & Company (LLB). LLB performed accounting-related work, including tax preparation, audit and consulting services. Bradford also operated a real estate business that developed office buildings and other real property. In connection with Bradford’s real estate development activities, he operated and controlled a real estate investment partnership entity.

In 2011, Bradford began offering LLB’s high-net-worth clients an “investment opportunity” through which the clients would make a payment to his partnership entity and, in exchange, receive a large tax deduction of approximately five to seven times the amount of money the client “invested.” Bradford advised that the clients’ payments would entitle them to claim the large tax deduction based on losses derived from the partnership entity, even though he knew the tax laws did not permit the sale of such deductions in exchange for an investment of money, and the partnership did not incur the losses or depreciation in the amounts represented by Bradford. Bradford also did not report the purported investments as losses on the clients’ tax returns as promised. Instead, he caused the clients’ returns to report large false deductions for cost of goods sold, professional and consulting fees or nonpassive losses. In total, Bradford’s scheme caused a tax loss to the IRS of at least $8 million.

As one example from his investment scheme, in 2014, Bradford asked a client to make a $417,780 “investment” to his partnership entity in exchange for purported depreciation-based losses to be placed on his client’s 2013 corporate tax return (Form 1120S). But instead of reporting depreciation related to the investment, Bradford caused LLB to prepare and file a Form 1120S that falsely inflated the company’s cost of goods sold by $2,110,000, causing a tax loss to the IRS of approximately $860,627.

In addition to the term of imprisonment, U.S. District Court Judge Gloria M. Navarro ordered Bradford to serve one year of supervised release and pay $6,734,338 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.

IRS Criminal Investigation investigated the case, with assistance from the FBI.

Trial Attorney Patrick Burns of the Tax Division and Assistant U.S. Attorney Steven W. Myhre for the District of Nevada prosecuted the case.

Today, the U.S. District Court for the District of Massachusetts blocked JetBlue Airways’ $3.8 billion dollar acquisition of Spirit Airlines. The court found that JetBlue’s proposed takeover of Spirit is unlawful because it “does violence to the core principle of antitrust law: to protect the United States’ markets – and its market participants – from anticompetitive harm.”

“Today’s ruling is a victory for tens of millions of travelers who would have faced higher fares and fewer choices had the proposed merger between JetBlue and Spirit been allowed to move forward,” said Attorney General Merrick B. Garland. “The Justice Department will continue to vigorously enforce the nation’s antitrust laws to protect American consumers. I want to thank the Antitrust Division for their excellent work on this case.”

“The Court’s decision today reaffirms that the antitrust laws vindicate the economic liberty of the American people,” said Principal Deputy Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division. “We are particularly encouraged by the court’s acknowledgement of the role of the Justice Department in protecting consumers ‘who otherwise would have no voice’ and the ‘forthrightness, civility, and zealous advocacy’ that ‘assisted the Court in reaching out for justice.’ I am incredibly proud of the Antitrust Division’s staff and our state law enforcement partners whose tireless work ensured another airline merger would not harm American travelers.”

The court’s decision follows a 17-day trial that began in October 2023. In March 2023, the Justice Department, California, Maryland, Massachusetts, New, Jersey, New York, North Carolina, and the District of Columbia sued to stop the merger under Section 7 of the Clayton Act.

The Justice Department and the City of Baltimore filed a joint motion today seeking court approval to declare the city and the Baltimore Police Department (BPD) in full and effective compliance with key consent decree provisions related to the safe transportation of people in custody and officer assistance and support.

The joint motion is based on BPD’s consistent progress towards achieving the goals of the consent decree. The independent monitor’s recent report on Dec. 29, 2023, found BPD in full and effective compliance with both provisions. If the court grants the motion, BPD must maintain compliance with the provisions for one year before the court can terminate these sections of the consent decree.

“We are pleased the Baltimore Police Department has successfully implemented the reforms needed to safely transport detainees in its custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Injuries during transport have become extremely rare, and BPD now has in place the equipment, training, policies and practices to maintain this safety record. The Justice Department is committed to collaboratively working with the Baltimore Police Department and the community to ensure constitutional, fair and nondiscriminatory policing for all Baltimore residents. The citizens of Baltimore deserve nothing less.”

The Justice Department opened a comprehensive investigation of BPD practices in 2015 after considering requests from city officials and community members in the wake of the death of Freddie Gray. The city agreed to and the court approved a consent decree in 2017 to resolve deficiencies identified by the investigation, including transport practices that placed detainees at significant risk of harm.

Since approval of the consent decree, BPD has overhauled its fleet of transportation vehicles, safety equipment, data collection mechanisms, policies and training. BPD now closely tracks information about all transports, including any injuries suffered by detainees, and during the 17-month period assessed by the court-appointed independent monitor, there were only 11 reported injuries during over 16,000 transports. Key accomplishments include:

• Safe Transport Vehicles: BPD has overhauled its transport vehicles to outfit all with necessary safety equipment.
• Improved Video Recording Equipment: BPD has completed the installation of required video recording equipment and conducts and documents monthly inspections to confirm that the equipment is functioning.
• Proper Searches of Detainees: BPD has adopted policies that require searches of detainees by both the arresting officer and the transporting officer to protect the safety of the detainee during transport.
• Improved Data Collection: BPD has implemented a new records management system to streamline data collection, analysis and review. BPD now tracks important data, like whether a detainee reported an injury or medical distress, needed to be transported with individuals of the same sex or gender identity or required an accommodation for their medical equipment. The new software enables real time compliance assessment, which BPD can use to inform policy changes and identify training needs.
• Enhanced Auditing: BPD has developed an audit process to examine transport of detainees. The audit unit reviews the documentation and video recordings to determine the transporting officer’s compliance with policy. Violations of BPD policy constitute misconduct and result in referrals to BPD’s internal affairs unit for investigation.

BPD has also devoted significant resources to officer assistance and support, another area found to be deficient in the department’s investigation, including creating an Officer Safety and Wellness Section within BPD, partnering with an employee assistance program to provide mental health and wellness servicers for officers and their families and establishing a network of peer support teams within BPD. Over the past few years, more than 10% of officers have consistently used the employee assistance program, with 31% using it in 2021.

The consent decree, as well as additional information about the Civil Rights Division, are available on its website at www.justice.gov/crt/special-litigation-section-cases-and-matters. 

A former coal broker pleaded guilty today in North Carolina to attempting to obstruct an IRS audit and criminal investigation.

According to court documents and statements made in court, Vondie Brunty owned and operated West Star Management Inc. (WSM), a company that, from 2005 to 2015, co-owned a coal brokerage business. Despite earning taxable income in 2010 through 2013, Brunty did not file individual income tax returns for those years, nor did he report income earned by WSM. Brunty late-filed his 2014 and 2015 tax returns in 2021, after learning he was under criminal investigation by the IRS. Those returns, however, were false, omitting $240,000 and $108,000 of income, respectively. Additionally, on at least four occasions between 2015 and 2020, in an effort to conceal his income, Brunty provided a false social security number to companies that paid him, causing the companies to report inaccurate information to the IRS.

When the IRS civilly audited Brunty’s unfiled personal and corporate returns, he knowingly made multiple false and misleading statements, claiming that he had paid an accountant to prepare WSM’s returns and that he never owed any taxes. Similarly, Brunty falsely told IRS criminal investigators that WSM’s tax returns had been prepared each year. In total, Brunty caused a tax loss to the IRS of $204,231.

Brunty faces a maximum penalty of three years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Ashley Stein and Kevin Schneider of the Tax Division are prosecuting the case.

An indictment was unsealed yesterday charging a U.S. citizen residing in Canada for orchestrating a multimillion-dollar pyramid scheme under the name 8 Figure Dream Lifestyle LLC (8FDL). Guilty pleas by his co-conspirators, who participated in the same scheme, were unsealed today.

According to court documents, Alex Dee, formerly known as Alex Dowlatshahi, 49, of Maple Ridge, British Columbia, allegedly was the co-founder of 8FDL. Brian Kaplan, 52, of Fort Collins, Colorado, and Jerrold Maurer, 58, of North Bellmore, New York, co-founded 8FDL with Dee and participated in the scheme.

From January 2017 through June 2019, Dee allegedly ran 8FDL as a pyramid scheme. Dee and his co-conspirators allegedly recruited participants through emails, robocalls, promotional videos, and webinars. They allegedly told consumers that 8FDL was a legitimate business with real products and lied to prospective members about how much money they could make, how much others who had joined 8FDL had made, and the ongoing costs associated with the business. For example, Dee allegedly wrote and sent mass-marketing emails claiming that typical members with no prior skills or experience could easily earn between $5,000 and $10,000 in 10 to 14 days after joining the program, and that most members were averaging two to three sales in their first 30-45 days. In fact, the vast majority of people who joined 8FDL never made any money. 

Dee was arrested at the U.S.-Canada border on Tuesday while trying to enter Washington state from British Columbia. He made his initial appearance on Wednesday before a magistrate judge in the Western District of Washington.

Dee is charged with one count of conspiracy to commit wire fraud and four counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in prison on each of the charged counts. Kaplan and Maurer were each charged with one count of conspiracy to commit wire fraud and both pleaded guilty. They have yet to be sentenced, and each faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division and Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group made the announcement.

USPIS is investigating the case.

Trial Attorneys Brandon Burkart and Andrew Jaco and Assistant Chief William Johnston of the Criminal Division’s Fraud Section are prosecuting the case. The department received assistance from the Federal Trade Commission.

If you believe you are a victim in this case, please contact the Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or by email at victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit www.justice.gov/criminal/criminal-vns/victim-rights-derechos-de-las-v-ctimas.

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

The Justice Department’s Civil Rights Division convened a meeting yesterday with the heads of civil rights offices and senior officials from multiple federal agencies to discuss the critical intersection of artificial intelligence (AI) and civil rights as directed by President Biden’s Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence.

In her opening remarks, Assistant Attorney General Kristen Clarke detailed the division’s comprehensive approach to address the potential impact of AI on civil rights through enforcement, education and outreach, interagency coordination and policy. She highlighted the division’s joint statement with federal partners explaining AI’s potential impact on civil rights, fair competition, consumer protection and equal opportunity and our collective commitment to combating unlawful use of AI systems. She also noted the division’s guidance explaining how algorithms and AI can lead to disability discrimination in hiring and the important work of the division’s internal AI Civil Rights Working Group.

During the meeting, attendees discussed their efforts to safeguard civil rights through robust enforcement, policy initiatives and ongoing education and outreach. Agency representatives explored ways to leverage shared resources to address discrimination or other adverse situations that may arise through the use of AI and other advanced technologies. Participants also provided updates on their respective obligations under the executive order, which include developing and issuing policies, guidance and other resource documents on the application of existing federal civil rights and consumer protection laws to the use of AI in areas such as education, employment, healthcare, housing and credit. All participants highlighted the importance of educating the public about how AI and similar systems can violate federal protections and the need to develop holistic remedies to address those harms.

Attendees at the interagency convening included Chair Charlotte Burrows of the Equal Employment Opportunity Commission, Director Rohit Chopra of the Consumer Financial Protection Bureau, Director of Civil Rights Melanie Fontes Rainer of the Department of Health and Human Services and Officer for Civil Rights and Civil Liberties Shoba Sivaprasad Wadhia of the Department of Homeland Security. Additional officials participated from the following agencies: the Department of Agriculture, Department of Commerce, Department of Education, Department of Energy, Department of Housing and Urban Development, Department of the Interior, Department of Labor, Department of Transportation, Department of the Treasury, Federal Trade Commission and Social Security Administration.

All of the participants pledged to continue collaboration to protect the American public against any harms that might result from the increased use and reliance on AI, algorithms and other advanced technologies. The agencies also agreed to partner on external stakeholder engagement around their collective efforts to advance equity and civil rights in AI.

WASHINGTON – The Justice Department today commemorates National Human Trafficking Prevention Month and renews its commitment to prosecuting human traffickers, protecting victims, empowering survivors, and preventing the proliferation of these abhorrent crimes.

In recognition of Human Trafficking Prevention Month, the Justice Department reaffirms that vindicating the rights of human trafficking victims and other vulnerable persons ranks among its highest priorities. The Department remains resolute in its commitment to bringing the full force of the Department to the fight against human trafficking.

“The Department launched our National Strategy to Combat Human Trafficking to bring the full force of the Department to the fight against human trafficking,” said Attorney General Merrick B. Garland. “Since then, we’ve taken sustained steps forward to make our anti-trafficking efforts stronger than ever. We have brought human traffickers to justice, dismantled trafficking enterprises, and empowered survivors to rebuild their lives. I am proud of the progress the Department has made. But there is still much more work left to do.”

“Human trafficking is a vicious crime, one where the traffickers reap the profits and the victims bear the scars,” said Deputy Attorney General Lisa O. Monaco. “While we recognize Human Trafficking Prevention Month as an annual reminder of the importance of this fight, the women and men of the Justice Department are working 365 days a year to dismantle trafficking organizations, bring traffickers to justice, and empower survivors.”

“Human trafficking deprives exceptionally vulnerable people of their rights to freedom, dignity, and equal protection of the law. Too often, human trafficking crimes go undetected because victims are afraid to come forward, so they remain in the shadows, fearful of defying their traffickers’ demands,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division remains relentless in our pursuit of justice for victims and survivors of these intolerable offenses. We must continue to build trust in vulnerable communities so those who are endangered, exploited, compelled, or coerced can safely come forward and share their personal testimonies. We will continue to honor and empower survivors and amplify their voices as we work to detect hidden trafficking crimes, hold human traffickers accountable, vindicate the rights of vulnerable victims, and secure justice for survivors.”  

The Justice Department’s National Strategy to Combat Human Trafficking sets forth a comprehensive, multi-year strategy to enhance Department-wide efforts to combat all forms of human trafficking. Actions in 2023 to implement this National Strategy and to advance all aspects of the Department’s broad-based anti-trafficking mission include:

• Designation by the Attorney General of a National Human Trafficking Coordinator and a National Child Exploitation Coordinator to coordinate Department-wide and interagency implementation of strategies for countering human trafficking and child exploitation threats, respectively. 
• Establishment of a Human Trafficking Working Group of U.S. Attorneys through the Attorney General's Advisory Committee of U.S. Attorneys and its Civil Rights Subcommittee.
• Formation of a specialized Human Trafficking Program Management Team within the FBI’s Crimes Against Children and Human Trafficking Unit to develop and disseminate expertise and training on victim-centered, trauma-informed anti-trafficking strategies to FBI Field Offices nationwide and enhance coordination of human trafficking investigations, prosecutions, and victim services.
• Implementation of the revised Attorney General Guidelines for Victim and Witness Assistance, including delivery of survivor-informed training to all relevant Department personnel on enhanced protections for vulnerable victims and specialized issues impacting human trafficking victims.
• Training of all Department Immigration Judges on detecting human trafficking victims and indicators in immigration-related proceedings through the Executive Office for Immigration Review.
• Expanded efforts to combat forced child labor, including:
  • Leadership of the interagency Forced Labor Initiative Steering Group in conducting strategic assessments of forced child labor threats and guiding criminal forced labor investigations and prosecutions in relevant jurisdictions;
  • Participation in the interagency Child Labor Exploitation Task Force and issuance of guidance to all Office for Victims of Crime grantees, in collaboration with the Department of Labor, on identifying, assisting, and referring victims of forced child labor and child labor exploitation; and
  • Introduction of resolutions on combating forced child labor to the United Nations Convention on Transnational Organized Crime Working Group on Trafficking in Persons
• Sustained efforts to combat child sex trafficking, including through:
  • Release of the Department’s 2023 National Strategy for Child Exploitation Prevention and Interdiction;
  • Operations conducted by the FBI and federal, state, local, and Tribal partners over a two-week period that identified and located 59 missing children and 59 victims of potential federal or state sex trafficking, sexual exploitation, or related offenses, as well as 126 suspects and 141 potential adult victims of such offenses; and
  • Issuance of an Office on Violence Against Women Training and Technical Assistance grant to implement the Building Capacity to Serve Youth Survivors of Sex Trafficking Project; youth sex trafficking grantees and service providers; deliver youth-centered, survivor-informed expertise; and enhance outreach to traditionally underserved youth populations including BIPOC, LGBTQI+, migrant youth, and youth with disabilities.
• Enhanced responses to human trafficking impacting Tribal communities through training, technical assistance, and coordination among Tribal, territorial, federal, state, local, and non-governmental partners, including through the Tribal Consultation on Violence Against American Indian and Alaska Native Women; Not Invisible Act Commission; National Indian Country Training Initiative; and Strengthening Sovereign Responses to Sex Trafficking in Indian Country and Alaska program.
• Issuance of over $95 million in grant funding through the Department’s Office for Victims of Crime, as the largest federal funder of services for human trafficking victims and survivors, including grant funding for direct services and legal services and training and technical assistance to enhance grantees’ capacity to provide services to labor trafficking victims.
• National Institute of Justice-funded research and evaluation studies to inform evidence-based best practices involving multidisciplinary task forces, victim services, and responses to emerging forced labor and forced criminality threats.
• Continued collaboration among U.S. Attorneys’ Offices, the Civil Rights Division’s Human Trafficking Prosecution Unit, and the Criminal Division’s Child Exploitation and Obscenity and Money Laundering and Asset Recovery Sections to secure convictions, substantial sentences, and significant restitution awards in a wide range of human trafficking prosecutions nationwide.

Anyone who has information about a potential human trafficking situation or a person who may be experiencing human trafficking should contact the National Human Trafficking Hotline at 1-888-373-7888 or text 233733.

Information on the Justice Department’s work to combat human trafficking can be found at www.justice.gov/humantrafficking.

The Justice Department, Environmental Protection Agency (EPA), California Air Resources Board (CARB) and California Attorney General’s Office today released the details of a proposed settlement with diesel engine maker Cummins Inc. for alleged violations of the Clean Air Act and California law. Beyond agreeing to pay a $1.675 billion civil penalty – the largest ever assessed in a Clean Air Act case – Cummins has agreed to spend more than $325 million to remedy the violations, which included the use of software “defeat devices” that circumvented emissions testing and certification requirements.

Under the settlement, Cummins must complete a nationwide vehicle recall to repair and replace the engine control software in more than 600,000 RAM 2500 and RAM 3500 pickup trucks equipped with the company’s diesel engines. Cummins will also extend the warranty period for certain parts in the repaired vehicles, fund and perform projects to mitigate excess ozone-creating nitrogen oxides (NOx) emitted from the vehicles and employ new internal procedures designed to prevent future emissions cheating. In total, the settlement is valued at more than $2 billion.

NOx pollution contributes to the formation of harmful smog and fine particulate matter in air. Children, older adults, people who are active outdoors and people with heart or lung diseases are particularly at risk for health effects related to smog or particulate matter exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children. 

“The Justice Department is committed to vigorously enforcing environmental laws that protect the American people from harmful pollutants,” said Attorney General Merrick B. Garland.  “The types of devices we allege that Cummins installed in its engines to cheat federal environmental laws have a significant and harmful impact on people’s health and safety. This historic agreement makes clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people’s health and safety.”

“Today’s agreement, which includes the largest-ever Clean Air Act civil penalty, stands as notice to manufacturers that they must comply with our nation’s laws, which protect human health and the health of our environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the work of our partners, the EPA and the State of California, in helping us reach this significant settlement.”

“Today’s landmark settlement is another example of the Biden-Harris administration working to ensure communities across the United States, especially those that have long been overburdened by pollution, are breathing cleaner air,” said EPA Administrator Michael Regan. “Today we‘ve reaffirmed that EPA’s enforcement program will hold companies accountable for cheating to evade laws that protect public health.”

“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “This record-breaking Clean Air Act penalty demonstrates that EPA is committed to holding polluters accountable and ensuring that companies pay a steep price when they break the law.” 

“Cummins knowingly harmed people’s health and our environment when they skirted state emissions tests and requirements,” said California Attorney General Rob Bonta. “Today’s settlement sends a clear message: If you break the law, we will hold you accountable. I want to thank our federal and state partners for their collective work on this settlement that will safeguard public health and protect consumers across the country.”

“The collaboration between California and its federal partners makes it clear that companies will be held accountable for violating essential environmental laws that are in place to provide the clean air that communities across California and the nation want and deserve,” said CARB Executive Officer Dr. Steven Cliff. “California’s air quality regulations protect public health and are backed by a world-class emissions testing laboratory that ensures CARB’s enforcement efforts are rigorously supported with data and science, which CARB was pleased to contribute to this landmark case.” 

Background

As in prior cases against other manufacturers, EPA discovered defeat devices in Cummins engines used in RAM pickup trucks through testing at the agency’s National Vehicle and Fuel Emissions Laboratory. That testing of RAM trucks was done as follow-up on a 2015 EPA warning to manufacturers that the agency planned to conduct special testing to identify defeat devices using driving cycles and conditions that were non-standard, but still reflected normal vehicle operation and use.

The terms of the proposed settlement with Cummins are spelled out in two consent decrees that the United States and California filed today with the U.S. District Court for the District of Columbia. In a related set of complaints filed today, the United States and California allege that nearly a million model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks with Cummins diesel engines utilized undisclosed engine control software features, and more than 630,000 of those trucks made in model years 2013-2019 had illegal emissions control software defeat device features. Those software defeat devices helped the trucks pass standard EPA emissions tests, but they artificially reduced the effectiveness of the emission controls – and increased NOx emissions – during normal driving outside of the standard test conditions. 

Recall and Repair Program

Cummins sought all EPA and CARB emission certifications for the RAM trucks equipped with its engines, even though the trucks were sold by the RAM truck division of Fiat Chrysler and its dealers. The settlement requires Cummins to work with Fiat Chrysler and its dealers on a vehicle recall and repair program that will remove all defeat devices from the affected 2013-2019 RAM trucks free of charge and bring the vehicles into compliance with applicable emissions standards under the Clean Air Act. The repair only involves software updates. Cummins has already started the recall and repair program required by the settlement.

Cummins must repair at least 85% of the 2013-2019 RAM trucks equipped with defeat devices within three years. The company must offer a special extended warranty covering emission control system parts on 2013-2019 RAM trucks that receive the replacement software. Cummins also must test some of the repaired trucks over a number of years to ensure that the trucks continue to meet emissions standards over time. 

Mitigation Programs

As another requirement of the settlement, Cummins must fully offset the excess NOx emissions from the 2013-2019 RAM trucks that were equipped with defeat devices. For California, Cummins will make a lump sum payment to CARB of slightly more than $175 million to fund mitigation actions or projects that reduce NOx emissions in California through CARB mitigation programs. For the rest of the country, Cummins will secure offsetting NOx reductions by working with railroad locomotive owners on two types of locomotive emission reduction projects. First, Cummins will finance and ensure the replacement of 27 old, high-emitting diesel locomotive engines with new, low-emitting diesel or electric engines. Second, Cummins will fund and complete 50 projects that will reduce idling time for diesel-powered switch locomotives to reduce fuel usage and emissions of NOx, particulate matter, volatile organic compounds and carbon dioxide. 

Public Information and Public Comment

This EPA website offers additional information concerning the settlement:

https://www.epa.gov/enforcement/2024-cummins-inc-vehicle-emission-control-violations-settlement

The complaints and the proposed consent decrees in the related cases filed by the Justice Department’s Environment Enforcement Section and the State of California can be viewed on the Justice Department’s website at www.justice.gov/enrd/consent-decrees. The proposed consent decree in the case filed by the United States is subject to a 30-day public comment period.

The U.S. Marshals Service (USMS) arrested 73,362 fugitives (28,065 on federal and 45,297 on state and local warrants) in fiscal year (FY) 2023. On average, the agency arrested 293 fugitives per day (based on 250 operational days).

“The Justice Department is laser-focused on driving down violent crime by using data and intelligence to go after the individuals most responsible for it,” said Deputy Attorney General Lisa O. Monaco. “By arresting the nation’s most violent fugitives in communities with the highest violent crime rates, the U.S. Marshals Service is making our communities safer.”

“I am proud of the dedication displayed by the men and women of the U.S. Marshals Service, whose efforts continue to drive our mission forward,” said USMS Director Ronald Davis. “I cannot underscore enough, the importance of our partnerships with our state, local, federal, Tribal, and international agencies who are pivotal in accomplishing our collective achievements.”

FY 2023 Arrest Statistics:

• Sex offenders – 10,088 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry, and other offenses.)
• Gang members – 3,496
• Homicide suspects – 5,447
• International/foreign fugitives – 1,487 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
• Organized Crime Drug Enforcement Task Forces (OCDETF) Program fugitives – 1,051 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
• Adam Walsh Child Protection and Safety Act (AWA) violations – 287 (AWA categorizes sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
• “15 Most Wanted” fugitives – four

The USMS seized more than 4,731 firearms during numerous violence reduction and counter gang operations in FY 2023.

The total warrants cleared by USMS arrest: 86,388[1]

• State and local warrants – 57,280
• Federal warrants – 29,108

Major Operations

In January 2023, the USMS conducted Operation North Star II (ONS II), a 30-day initiative resulting in the arrest of 833 fugitives, violent criminals, sex offenders, and self-identified gang members in Albuquerque, New Mexico; Buffalo, New York; Cleveland; Columbus, Ohio; Detroit; Jackson, Mississippi; Kansas City, Missouri; Milwaukee; Oakland, California; and Puerto Rico. USMS used its broad arrest authority and network of task forces to arrest individuals wanted on charges including 95 for homicide and 68 for sexual assault. In addition, investigators seized 181 firearms, more than $229,000 in currency, and more than 160 kilograms of illegal narcotics.

From March to May 2023, the USMS, along with state and local agencies in 16 federal judicial districts and geographical locations across the United States, led a 10-week national operation that resulted in the recovery or safe location of 225 endangered missing children, which includes runaways and those abducted by non-custodial persons. Operation We Will Find You was a nationwide missing child operation focused on geographical areas with high clusters of critically missing children. With technical assistance from the National Center for Missing and Exploited Children, Operation We Will Find You resulted in the recovery of 169 children and the safe location of 56 children.

During the summer of 2023, the USMS conducted Operation North Star III (ONS III), arresting 4,455 fugitives. The operation targeted violent offenders in 20 cities and resulted in the clearance of 2,818 violent warrants, to include homicide, forcible sexual assault, robbery, aggravated assault, and firearms violations. During this three-month enforcement effort, investigators also seized 555 firearms, more than $1 million in U.S. currency, and 85 kilograms of illegal narcotics. The primary jurisdictions of ONS III were Albuquerque, New Mexico; Baltimore; Buffalo, New York; Chicago; Cleveland; Columbus, Ohio; Detroit; Houston; Indianapolis; Jackson, Mississippi; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; Milwaukee; New Orleans; New York; Oakland, California; Philadelphia; Puerto Rico; and Washington, D.C.

The USMS Capital Area Regional Fugitive Task Force, District of Maryland, and Task Force partners conducted a large-scale, multi-agency law enforcement operation focused on apprehending violent fugitives and wanted gang members throughout the month of May 2023, arresting dozens of violent offenders throughout Maryland. Operation Washout resulted in a total of 95 fugitive arrests, including 17 suspects wanted for homicide, 16 wanted for attempted homicide, 19 wanted for robbery, and seven wanted for weapon-related offenses. Six validated gang members were among those arrested. Additionally, law enforcement seized 10 firearms, 72 pounds of marijuana, 78 grams of crack cocaine, six grams of heroin, and $3,200 in currency.

Notable Arrests in FY 2023

On Jan. 13, 2023, Michael Anthony Baltimore, 44, a fugitive on the USMS 15 Most Wanted list was arrested in Broward County, Florida, after he fled the scene of a bar fight. Baltimore was wanted by the Carlisle, Pennsylvania, Police Department and the USMS in the Middle District of Pennsylvania for homicide, assault, and parole violation charges. Baltimore is alleged to have shot to death Kendell Jerome Cook and injured another man at the GQ Barbershop on North Hanover Street in Carlisle on May 22, 2021. 

On Aug. 13, 2023, USMS personnel assisted in the manhunt and capture of Danilo Cavalcante, 34, who had escaped from a Pennsylvania prison days after being sentenced to life in prison without parole in the fatal stabbing of his ex-girlfriend. The manhunt went on for 14 days until he was caught near South Coventry Township, Pennsylvania.

On Aug. 29, 2023, the USMS, along with West Virginia State Police, Lewisburg Police Department, and Greenbrier County Sheriff’s Office, arrested Samuel Paul Hartman, 39, in Lewisburg, West Virginia. Hartman had escaped from an Arkansas prison facility in 2022, after being sentenced to life in prison in 2013 for sexually assaulting his 14-year-old stepdaughter. He escaped on a work detail in a field near the detention facility. Also taken into custody were Hartman’s wife, Misty Hartman, 39, his mother, Linda Annette White, 61, and White’s boyfriend, Rodney Trent, 52, of Lester, West Virginia. Both women are alleged to have helped Hartman escape using a pickup truck and jet skis. Trent faces felony charges for allegedly harboring a sex offender and for assisting the trio while on the run.

On May 10, 2023, the USMS-led Northern Ohio Violent Fugitive Task Force arrested Cherie Goss, 42, on charges of attempted first-degree murder. Goss was wanted by the Broward County Sheriff's Office in Fort Lauderdale, Florida, after charges were filed against her in early April. The USMS was able to track her to Stark County, Ohio, where she was arrested.

On Sept. 27, 2023, the USMS arrested Jason Billingsley, 32, a suspect in the murder of tech CEO Pava LaPere, 26. Billingsley, a convicted felon and registered sex offender, was taken into custody near Bowie, Maryland, with the assistance of local law enforcement agencies.

On Sept. 27, 2023, the USMS North Star Fugitive Task Force, Dakota County Sheriff’s SWAT, and the Minnesota Department of Corrections arrested Kevin Lamarr Mason, 28, after he had been erroneously released from the Marion County Jail in Indiana on Sept. 13 on a clerical mistake. The prisoner release created a massive manhunt stretching nationwide and eventually back to where he was wanted in Minnesota.

Finding Missing Children

In FY 2023, the USMS assisted in the location or recovery of 495 missing children. Since the passage of the Justice for Victims of Trafficking Act, the USMS has contributed to the location or recovery of more than 3,248 missing children.

Additional information about the USMS can be found at www.usmarshals.gov.

[1] The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.

WASHINGTON, D.C. – Today, Associate Attorney General Vanita Gupta announced the release of a new publication, Considerations for Specialized Units: A Guide for State and Local Law Enforcement Agencies to Ensure Appropriateness, Effectiveness, and Accountability, commissioned in the wake of the killing of Tyre Nichols and amid mounting public concern over the use of specialized units in police agencies. The guide is designed to support law enforcement agencies and communities across the country as they assess the appropriateness of the use of specialized units, and, where units are deemed appropriate, ensure the necessary management and oversight of such units to advance effective and just policing practices.

The guide is the result of a series of convenings, roundtable discussions, and interviews with law enforcement, civil rights organizations, and other stakeholders, led by the Department’s Office of Community Oriented Policing Services (COPS Office) and the National Policing Institute (NPI). It provides law enforcement leaders, mayors, and community members with actionable considerations for the formation, management, and accountability of specialized units.

“After the tragic death of Tyre Nichols and public scrutiny of the SCORPION unit, we made it a priority at the Justice Department to develop a practical resource for law enforcement and community leaders assessing the use of specialized units in police agencies,” said Associate Attorney General Gupta. “We hope that police chiefs, mayors, and community stakeholders will use the guide when considering whether a specialized unit should be formed to focus on a particular problem, and, if formed, how to ensure proper transparency, oversight, accountability, and evaluation of such units. The Justice Department is grateful for the engagement of law enforcement and community stakeholders that helped make this vital resource a reality.”

The guide looks at four main stages of specialized units: (1) formation, (2) personnel selection and supervision, (3) management and accountability, and (4) community engagement. Each section of the guide offers key considerations for agencies as they are creating or reviewing their own specialized units. If law enforcement and the community determine that a law enforcement response is required to address a problem and that standard patrol units are unable to effectively address the concern, this publication offers actionable guidance for defining the specialized unit’s mission and culture, hiring the most suitable personnel and supervisors, developing innovative unit and personnel performance metrics, and establishing policies and practices to mitigate the risks of specialized units.

“This guide is based on input from representatives from law enforcement, the community, academic institutions, and advocacy organizations across the country,” said Director of the COPS Office Hugh T. Clements, Jr. “I feel confident this guide will help both law enforcement and the communities they serve to demonstrate and uphold the principles of effective, constitutional policing.”

The report is available at www.portal.cops.usdoj.gov/resourcecenter?item=cops-r1140.

MADISON, WIS. - A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and a person named as defendant in an indictment is presumed innocent unless and until proven guilty.

Wisconsin Man Charged with Possessing Destructive Devices

James Morgan, 30, Janesville, Wisconsin, is charged with unlawfully possessing destructive devices. The indictment alleges that Morgan possessed the devices on December 21, 2023.

If convicted, Morgan faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Janesville and Whitewater Police Departments.

Assistant U.S. Attorney Meredith Duchemin for the Western District of Wisconsin, Assistant U.S. Attorney John Scully for the Eastern District of Wisconsin, and Trial Attorney Justin Sher of the Justice Department’s National Security Division’s Counterterrorism Section are prosecuting the case.

Illinois Man Charged with Drug Crimes

Jerry Tate, a/k/a/ “Blue,” 51, Waukegan, Illinois, is charged with drug crimes involving fentanyl and methamphetamine. The indictment alleges that between September 22, 2022 and May 4, 2023, Tate distributed fentanyl on four occasions and distributed a mixture or substance containing fentanyl and methamphetamine on one occasion. The indictment further alleges that on May 5, 2023, Tate possessed 50 grams or more of a mixture or substance containing fentanyl and methamphetamine with intent to distribute.

If convicted, Tate faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on the charge of possessing 50 grams or more of fentanyl and methamphetamine for distribution. He faces maximum penalties of 20 years on each of the distribution charges.

The charges against Tate are the result of an investigation by the La Crosse,  Campbell, and Onalaska Police Departments. Assistant U.S. Attorney Steven Ayala is handling the case.

Eau Claire Man Charged with Distributing Methamphetamine

Joshua Reedy, 30, Eau Claire, Wisconsin, is charged with distributing methamphetamine and possessing methamphetamine with intent to distribute. The indictment alleges that Reedy distributed methamphetamine on September 28, 2023 and October 2, 2023. The indictment also alleges that on October 4, 2023, Reedy distributed methamphetamine and possessed 50 grams or more of methamphetamine with intent to distribute.

If convicted, Reedy faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on the charge of possessing with intent to distribute 50 grams or more of methamphetamine. He faces maximum penalties of 20 years on each distribution charge.

The charges against Reedy are the result of an investigation by the West Central Drug Task Force, Chippewa County Sheriff’s Department, Wisconsin Department of Justice Division of Criminal Investigation, Eau Claire Police Department, Clark County Sheriff’s Office, Eau Claire Sheriff’s Department, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer Remington is prosecuting the case.

Janesville Man Charged with Distributing Cocaine and Possessing Firearms as A Felon

Taiwan R. Edwards, 28, Janesville, Wisconsin, is charged with distributing cocaine, possessing cocaine for distribution, and possessing firearms as a felon. The indictment alleges that Edwards distributed cocaine on August 29, 2023 and September 15, 2023. The indictment also alleges that Edwards possessed 500 grams or more of cocaine with intent to distribute on October 4, 2023. Finally, the indictment alleges that on October 4, 2023, Edwards possessed four firearms as a felon.

If convicted, Edwards faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on the charge of possessing 500 grams or more of cocaine for distribution, a maximum of 20 years on the cocaine distribution charges, and a maximum of 15 years for possessing firearms as a felon.

The charges against Edwards are the result of an investigation by Janesville Police Department,  Wisconsin Department of Justice Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Megan Stelljes is handling the case.

Madison Man Charged with Drug and Gun Crimes

Joseph P. Rehbein, 32, Madison, Wisconsin, is charged with possessing methamphetamine for distribution and possessing a firearm as a felon. The indictment alleges that Rehbein possessed 50 grams or more of methamphetamine with intent to distribute on August 3, 2023. The indictment also alleges that Rehbein possessed a loaded 9 mm handgun the same day.

If convicted, Rehbein faces a mandatory minimum of 5 years and a maximum of 40 years in federal prison on the charge alleging possession with intent to distribute 50 or more grams of methamphetamine. The charge of being a felon in possession of a firearm has a maximum penalty of 15 years in federal prison.

The charges against Rehbein are the result of an investigation by the Madison Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney William Levins is handling the prosecution.

The cases against Rehbein and Edwards have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime.  The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.

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Two North Chesterfield, Virginia, animal breeders, Elena Mikirticheva and Andrey Mikirtichev, recently surrendered approximately 200 dogs and cats following court-ordered injunctive relief secured by the Justice Department, on behalf of the U.S. Department of Agriculture (USDA), for alleged, pervasive mistreatment of the animals in their possession.

U.S. District Judge David J. Novak for the Eastern District of Virginia ordered the relief to replace a temporary restraining order after considering a joint agreement by the United States and the defendants. Following entry of the court order, around 45 dogs and cats were surrendered to USDA, which placed the animals in Virginia shelters and rescue organizations for adoption. The agencies then worked with the Virginia Attorney General’s Office, which seized the remaining animals, more than 150, and placed them with the Humane Society of the United States.

Subsequently, the Justice Department filed a consent decree in the U.S. District Court for the Eastern District of Virginia to permanently ban Mikirticheva and Mikirtichev from Animal Welfare Act (AWA) licensure or registration. The USDA filed a corresponding consent decision and order in its administrative enforcement proceeding that includes more than $300,000 in civil penalties and permanent AWA license revocation. Both filings were approved.

In August, the Justice Department filed a complaint and motion for temporary restraining order alleging that Mikirticheva and Mikirtichev, licensed under the AWA, had received over 50 AWA citations for failing to provide adequate shelter, medical and other care, and access to USDA APHIS inspectors, thereby placing the health of their animals in serious danger. The filings alleged that, over the course of two years, APHIS inspectors repeatedly found animals in need of veterinary care. The defendants would delay seeking veterinary care, and, even when animals were seen by a veterinarian, the defendants would fail to follow the veterinarian’s advice. The filings further alleged that APHIS inspectors found animals in cages smaller than AWA requirements and others that were seemingly dehydrated or malnourished due to dominant or aggressive behavior displayed by animals with whom they should not have been housed. APHIS inspectors also allegedly observed junk, waste and/or hazardous materials in areas accessible to the animals.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and Deputy Administrator Dr. Roxanne Mullaney of the USDA’s Animal and Plant Health Inspection Service (APHIS) Animal Care Program made today’s announcement.

USDA APHIS investigated and referred the case as well as removed and secured placement for animals surrendered to it from the facility. The Environment and Natural Resources Division’s Wildlife & Marine Resources Section filed the complaint, preliminary injunction motion, and consent decree in the U.S. District Court for the Eastern District of Virginia.

The federal case is United States v. Elena Mikirticheva and Andrey Mikirtichev, No. 3:23-cv-552.

Two men were sentenced today for crimes arising from their organization, promotion and sale of abusive syndicated conservation easement tax shelters.

Jack Fisher, a certified public accountant (CPA) who began selling units in his abusive tax shelters at least as early as 2008, was sentenced to 25 years in prison. James Sinnott, an attorney who joined Fisher’s scheme in 2013 and oversaw the massive expansion of the tax shelters’ fraudulent deduction amounts claimed from the IRS, was sentenced to 23 years in prison. Also today, Victor Smith and William Tomasello, both Atlanta-area CPAs, pleaded guilty to conspiracy to defraud the United States.

“Using inflated appraisals, backdated documents and other sham actions, these conspirators generated more than $1.3 billion in fraudulent syndicated conservation easement tax deductions, causing hundreds of millions of dollars in losses to the U.S. Treasury,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “The significant sentences and convictions obtained are the direct result of the skill and tenacity of career prosecutors and agents, whose multiyear investigation pulled back the curtain on this massive criminal scheme.”

“Today’s message should be a clear one: IRS CI Special Agents will use their financial investigative expertise to hold those involved in abusive tax shelter schemes accountable,” said Chief Jim Lee of IRS Criminal Investigation (IRS CI). “As this complex investigation continues to evolve, today’s judicial actions illustrate our resolve to hold responsible every individual involved in tax evasion schemes.”

Jack Fisher and James Sinnott

According to court documents and evidence presented at trial, Fisher, Sinnott and their co-conspirators sold over $1.3 billion in fraudulent tax deductions, leading to a tax loss to the IRS of over $450 million. Five other tax professionals involved in Fisher’s scheme previously pleaded guilty. Fisher was not only a pioneer in the conservation easement industry, but also one of its biggest promoters across the country. Fisher and Sinnott each made millions of dollars promoting and selling their tax shelters to wealthy taxpayers. The two men also used fraudulent deductions generated by their tax shelters on their own personal income tax returns to reduce the taxes they owed on the millions earned.

A federal jury sitting in Atlanta convicted Fisher and Sinnott on Sept. 22, 2023, of conspiracy to defraud the United States, conspiracy to commit wire fraud, aiding and assisting the filing of false tax returns and subscribing to false tax returns arising out of their fraudulent tax shelter scheme involving syndicated conservation easements dating back nearly two decades. Fisher was also separately found guilty of money laundering. One of the appraisers who was charged with Fisher and Sinnott pleaded guilty and was sentenced in November 2023. Fisher’s primary assistant, Kate Joy, who was also indicted, remains a fugitive.

The evidence proved that Fisher and Sinnott designed, marketed and sold to high-income clients abusive syndicated conservation easement tax shelters based on fraudulently inflated charitable contribution tax deductions, promising them deductions 4.5 times the amount the taxpayer clients paid to buy the deductions.  

Fisher and Sinnott used the funds raised from their taxpayer clients to buy land through their property holding companies and then had the tax shelters cause those companies to donate the land or a conservation easement over the land – often within days or weeks of the land’s purchase. To reach the inflated fair market value of the donations, Fisher and Sinnott primarily used appraisals of the conservation easements and fee simple land donations at valuations often more than 10 times higher than the price Fisher and Sinnott actually paid to acquire the property.

The evidence further showed that Fisher and Sinnott backdated and instructed others to falsely backdate documents to be presented to the IRS, including subscription agreements, payment documents, engagement letters and other records. Fisher’s accountant, a partner at the accounting firm Fisher started, testified at trial and previously pleaded guilty for his role in the scheme. Along with Fisher and Sinnott, he oversaw the preparation of false tax returns, which claimed charitable contribution tax deductions based upon the false appraisals. The evidence demonstrated that Fisher, Sinnott and others received more than $41 million in payments from the sale of units in these tax shelters that involved backdated documents or untimely payments, which were paid to claim fraudulent and inflated tax deductions.

The government proved that Fisher and Sinnott personally made millions from their scheme. Fisher, specifically, used the illegal proceeds to purchase luxury items, including a Mercedes Benz car, a Recreational Vehicle and trailer and a private jet. Fisher also used proceeds of the scheme to purchase homes and condos in the United States and on the Caribbean Island of Bonaire, which the jury found to be forfeitable.

In total, the defendants sold over $1.3 billion in fraudulent tax deductions to wealthy taxpayers through this scheme.

In addition to the terms of imprisonment, U.S. District Chief Judge Timothy C. Batten for the Northern District of Georgia ordered both Fisher and Sinnott to serve three years of supervised release. He also ordered Fisher to pay approximately $457,855,755 in restitution to the United States and Sinnott to pay approximately $443,760,035 in restitution to the United States.

Victor Smith and William Tomasello

According to court documents and statements made in court, Smith served as a CPA and founding partner of an Atlanta-based accounting firm. Beginning at least in 2014 and through at least 2019, Smith promoted and sold tax deductions to his wealthy clients in the forms of units in illegal syndicated conservation easement tax shelters organized and created by co-defendants Fisher, Sinnott and Joy. For his part, beginning at least in 2015 and through at least 2019, Tomasello also promoted and sold units in the Jack Fisher syndicated conservation easement tax shelters to his wealthy clients at another firm.  

Tomasello earned approximately $525,072 in commissions from Fisher and Sinnott for his role in promoting and selling the illegal tax shelters to clients, and his accounting firm received approximately $2,430,301 in commissions. Smith earned approximately $491,400 in commissions from Fisher and Sinnott for his role in promoting and selling the illegal tax shelters to clients.

Smith and Tomasello each face a maximum sentence of five years in prison. They also face a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

To date, in addition to the convictions of Fisher and Sinnott and today’s guilty pleas of Smith and Tomasello, six additional defendants have pleaded guilty to criminal conduct related to Fisher and Sinnott’s syndicated conservation easement tax shelters, including appraiser Walter Douglas “Terry” Roberts, CPAs Stein and Corey Agee, CPA Ralph Anderson, CPA James Benkoil and CPA and Attorney Randall Lenz.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia and Chief Jim Lee of IRS Criminal Investigation made the announcement. They thanked U.S. Attorney Dena J. King for the Western District of North Carolina for her office’s assistance.

IRS Criminal Investigation and the U.S. Postal Inspection Service investigated the case.

Trial Attorneys Richard M. Rolwing, Parker Tobin, Jessica Kraft, Grace Albinson and Nicholas J. Schilling Jr. of the Justice Department’s Tax Division and Assistant U.S. Attorney Christopher Huber, Deputy Chief of the Complex Frauds Section for the Northern District of Georgia, are prosecuting the case.

On Jan. 9, Pardon Attorney Elizabeth Oyer and members of her team visited Federal Correctional Institution (FCI) Dublin, which has a low-security Federal Bureau of Prisons (FBOP) facility for women with an adjacent minimum security camp, located in Dublin, California. The Pardon Attorney and her team provided a series of educational sessions about the federal clemency process and answered questions from inmates and staff. The Pardon Attorney and her team met with over 300 inmates and staff during their visit.

The visit to FCI Dublin was the fifth in a series of quarterly educational events that the Pardon Attorney is conducting for inmates and staff at different FBOP locations.

The first took place at FCI Fort Dix, a low-security institution in New Jersey, in January. During that visit, the Pardon Attorney and her team met with over 700 inmates and staff in a day-long series of trainings throughout the facility. The second took place at U.S. Penitentiary Lewisburg, a medium-security institution in Pennsylvania, in April. During that visit, the Pardon Attorney and her team met with over 300 inmates and staff in a day-long series of trainings throughout the facility. The third took place at FCI Aliceville, a low-security institution for women in Alabama, in July. During that visit, the Pardon Attorney and her team met with over 500 inmates and staff in a day-long series of trainings throughout the facility. The fourth took place at FCI Petersburg, a medium-security and low-security facility for men with an adjacent minimum security camp. During that visit, the Pardon Attorney and her team met with over 300 inmates and staff in a day-long series of trainings throughout the facility.

These educational sessions within the FBOP are part of an initiative by the Office of the Pardon Attorney to increase the accessibility and transparency of the clemency process through education and community engagement. 

An Oregon man was sentenced yesterday to 27 months in prison for willfully failing to pay employment taxes owed to the IRS.

According to court documents and statements made in court, Robert Kohnle, of Lake Oswego, was the president, secretary and chief executive officer of Real Benefits Group Inc. doing business as Aliat. Aliat was a professional employer organization that provided payroll and payroll-related services for its clients. Pursuant to service agreements with its clients, Aliat was responsible for receiving and paying to the IRS the payroll taxes withheld from wages the client businesses paid their employees, including federal income, Social Security and Medicare taxes.

Beginning with the fourth quarter of 2016 through the fourth quarter of 2022, Kohnle received funds from Aliat’s clients that represented payroll tax withholdings, but kept the money rather than pay the IRS, as required by law. Kohnle instead used the money to pay Aliat’s other expenses and creditors, including himself. In total, Kohnle caused a tax loss to the IRS of more than $22.6 million.

In addition to the term of imprisonment, U.S. District Judge Karin J. Immergut for the District of Oregon ordered Kohnle to serve three years of supervised release and to pay $14,092,693.42 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Natalie K. Wight for the District of Oregon made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Patrick Burns and Regina Jeon of the Justice Department’s Tax Division prosecuted the case.

In advance of this year’s federal election cycle, and consistent with longstanding Justice Department practices and procedures, the department today is providing information about its efforts, through the Civil Rights Division, Criminal Division, National Security Division (NSD), and U.S. Attorneys’ offices throughout the country, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or criminal activity in the election process, and to ensure that our elections are secure and free from foreign malign influence and interference.

Civil Rights Division

The department’s Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right. This work is often performed in partnership with U.S. Attorneys’ offices.

The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; the Help America Vote Act; and the Civil Rights Acts. Among other things, collectively, these laws:

• prohibit election practices that have either a discriminatory purpose or a discriminatory result on account of race, color, or language minority status;
• prohibit intimidation of voters;
• allow voters who need assistance in voting because of disability or inability to read or write to receive assistance from a person of their choice (other than agents of their employer or union);
• require minority language election materials and assistance in certain jurisdictions;
• require accessible voting systems for voters with disabilities;
• require that provisional ballots be offered to voters who assert they are registered and eligible to vote in the jurisdiction, but whose names do not appear on poll books;
• require states to provide for absentee voting for uniformed service members serving away from home, their family members also away from home due to that service, and U.S. citizens living abroad; and
• require covered states to offer the opportunity to register to vote through offices that provide driver licenses, public assistance, and disability services, as well as through the mail, and to take steps regarding maintaining voter registration lists.

The Civil Rights Division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA), which prohibits discrimination in voting based on disability. The ADA applies to all aspects of voting, including voter registration, selection and accessibility of voting facilities, and the casting of ballots on Election Day or during early voting, whether in-person or absentee.

The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter interference based on race, color, national origin, or religion.

• Throughout the election cycle, Civil Rights Division attorneys in the Voting, Disability Rights, and Criminal Sections in Washington, D.C., will be ready to receive complaints of potential violations of any of the statutes the Civil Rights Division enforces. The Civil Rights Division will work closely with counterparts at U.S. Attorneys’ offices and other department components to review and take appropriate action concerning these complaints. 
• Individuals with complaints related to possible violations of the federal voting rights laws can call the Justice Department’s toll-free telephone line at 800-253-3931, and can also submit complaints through a link on the department’s website at www.civilrights.justice.gov/.
• Individuals with questions or complaints related to the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 833-610-1264 (TTY), or submit a complaint through a link on the department’s ADA website at ada.gov.

Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911. They should also be reported to the department after local authorities are contacted. 

Criminal Division and the Department’s 94 U.S. Attorneys’ Offices

The department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.

The Criminal Division’s Public Integrity Section and U.S. Attorneys’ offices are responsible for enforcing the federal criminal laws that prohibit various forms of election crimes, such as destruction of ballots, vote-buying, multiple voting, submission of fraudulent ballots or registrations, alteration of votes, and malfeasance by postal or election officials and employees. The Criminal Division and the U.S. Attorneys’ offices are also responsible for enforcing federal criminal law prohibiting unlawful threats of violence against election workers, and prohibiting voter intimidation and voter suppression for reasons other than race, color, national origin, or religion (as noted above, voter intimidation and voter suppression that has a basis in race, color, national origin, or religion is addressed by the Civil Rights Division often in partnership with the U.S. Attorneys’ offices).

U.S. Attorneys’ offices around the country designate Assistant U.S. Attorneys who serve as District Election Officers (DEOs) in their respective districts. DEOs are responsible for overseeing potential election-crime matters in their districts, and for coordinating with the department’s election-crime experts in Washington, D.C.

The U.S. Attorneys’ offices work with specially trained FBI personnel in each district to ensure that complaints from the public involving possible election crimes are handled appropriately. Specifically:

• In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the DEOs in U.S. Attorneys’ offices, FBI officials at headquarters in Washington, D.C., and FBI special agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open to receive complaints from the public.
• Election-crime complaints should be directed to the local U.S. Attorneys’ office or the local FBI field office. A list of U.S. Attorneys’ offices and their telephone numbers can be found at www.justice.gov/usao/districts/. A list of FBI field offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
• Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ offices and the FBI regarding the handling of election-crime allegations.

All complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911. After alerting local law enforcement to such emergencies by calling 911, the public should contact the Justice Department.

National Security Division

The department’s NSD supervises the investigation and prosecution of cases affecting or relating to national security, including any cases involving foreign malign influence and interference in elections or violent extremist threats to elections. In this context:

• NSD oversees matters involving a range of malign influence activities that foreign governments may attempt.
• NSD’s Counterintelligence and Export Control Section oversees matters involving covert information operations (e.g., to promulgate disinformation through social media); covert efforts to support or denigrate political candidates or organizations; and other covert influence operations that might violate various criminal statutes.
• NSD’s National Security Cyber Section oversees such matters when they are cyber-enabled (i.e., when online platforms, such as social media and other online services, are central to the commission of the offense), as well as those involving computer hacking of election or campaign infrastructure.
• NSD’s Counterterrorism Section oversees matters involving international and domestic terrorism and supports law enforcement in preventing any acts of terrorism that impact Americans, including any violent extremism that might threaten election security.

As in past elections, the National Security Division will work closely with counterparts at the FBI and our U.S. Attorneys’ offices to protect our nation’s elections from any national security threats. Attorneys from National Security Division sections will be partnered with FBI Headquarters components to provide support to U.S. Attorneys’ offices and FBI field offices to counter any such threats. The Department of Homeland Security also plays its own important role in safeguarding critical election infrastructure from cyber and other threats.

Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local authorities by calling 911 and, after local authorities are contacted, then should be reported also to the department.

Protecting the right to vote, prosecuting election crimes, and securing our elections are all essential to maintaining the confidence of all Americans in our democratic system of government. The department encourages anyone with information regarding concerns in these subject areas to contact the appropriate authorities.

For more information about the department’s work to ensure compliance with federal civil and criminal laws related to voting, please visit Voting | Department of Justice and Election Crimes Branch | Department of Justice.

The Justice Department today sent to the Federal Register for publication a notice of proposed rulemaking under Title II of the Americans with Disabilities Act (ADA) that aims to improve access to medical diagnostic equipment (MDE) for people with disabilities. MDE includes equipment like medical examination tables, weight scales, dental chairs, x-ray machines and mammography equipment. 

Accessible MDE is essential for people with disabilities to have equal access to medical care. The rule proposes to adopt technical standards that clarify how public entities that use MDE, such as hospitals and health care clinics operated by state or local governments, can meet their existing obligations under the ADA. The department has received many complaints from individuals with disabilities that health care providers have not provided them with basic, vital health care — for example, not obtaining an accurate weight when administering anesthesia before surgery — because of the lack of accessible MDE.

“Individuals with disabilities often experience great difficulty obtaining routine or preventative medical care because of inaccessible medical diagnostic equipment. From examination tables to weight scales to mammography equipment, accessible MDE is critical to ensuring equal access to medical care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This groundbreaking rule marks a significant milestone in the Justice Department’s efforts to remove barriers that people with disabilities face when accessing medical care.”

The department is eager to hear from the public and get input from stakeholders on our proposed rule. The proposed rule will soon be available for review on the Federal Register’s website at www.federalregister.gov. A fact sheet that provides information about the proposed rule will soon be available on www.ada.gov. The department invites the public to submit their comments on the proposed rule once it is published. The comment period will be open for 30 days from the date the proposed rule is published. Public comments can be submitted on www.regulations.gov.

For more information on the Civil Rights Division, please visit the department’s website. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 833-610-1264) or visit the ADA website. 

Today the Justice Department and the Department of the Navy (Navy) issued the following fraud alert to inform individuals filing a claim or lawsuit under the Camp Lejeune Justice Act (CLJA) of 2022 about fraudulent attempts to obtain personal information or monetary payments from potential claimants.

Due to growing concerns over reports that unscrupulous people and companies are seeking or sought to obtain personal information from CLJA claimants or otherwise defraud them, the Justice Department and Navy advise claimants and their attorneys to be cautious of potentially fraudulent activity through telephone calls or email solicitations.

Claimants who receive calls or emails from individuals attempting to collect money or personal information in connection with their CLJA claim should contact their attorneys to report this activity. Claimants who are not represented by counsel that receive such calls or emails should immediately report this activity to the Navy’s Camp Lejeune Claims Unit (CLCU), which has issued the following guidance:

1. The Justice Department and the Navy will never request money or payment from you.
2. If an attorney is representing you, direct all inquiries to your attorney for verification.
3. Authorized emails from the Navy will be sent from CLClaims@us.navy.mil, and you may forward any email message you receive to that address to verify authenticity.
4. If you receive a phone call claiming to be from the CLCU or offering assistance with your claim, and you are uncertain, ask for the person’s name and position, then call the CLCU at (757) 241-6020 to verify.
5. If you are represented by an attorney, the Justice Department and Navy will not contact you directly and will only contact you through your attorney.

The CLJA is a provision of the Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022, signed into law by President Biden on Aug. 10, 2022. It allows individuals, including veterans, to file a claim with the Navy to recover for injuries caused by exposure to contaminated water at Marine Corps Base Camp Lejeune, North Carolina, for at least 30 days between Aug. 1, 1953, and Dec. 31, 1987.  

Settlements under the CLJA are made pursuant to the Federal Torts Claim Act, 28 U.S. Code 2672 and 28 U.S. Code 2677.  Attorneys’ fees for administrative claims cannot exceed 20%, and attorneys’ fees for cases in litigation cannot exceed 25%.

The Justice Department and Navy are committed to reviewing every claim submitted and resolving every claim as fairly and efficiently as possible. The Justice Department and Navy have jointly developed an Elective Option that will expedite the review and resolution of claims filed under the CLJA.

For more information regarding CLJA claims, please visit the Navy’s official CLJA website at www.navy.mil/clja or contact the CLCU at CLClaims@us.navy.mil or (757) 241-6020.

PORTLAND, Maine: A Hebron man was sentenced today in U.S. District Court in Portland for being a felon in possession of firearms.

U.S. District Judge George Z. Singal sentenced Dario Giambro, 75, to 36 months in prison followed by three years of supervised release. He was also fined $250,000.

Giambro was found guilty by a federal jury on October 11, 2023, following a two-day trial. According to evidence presented during the trial, in January 2022, Maine State Police executed search warrants at Giambro’s residence in Hebron. Investigators seized, among other things, 856 firearms—including shotguns, pistols, revolvers, and rifles—and a large amount of ammunition from the residence. Giambro is prohibited from possessing firearms due to a prior federal conviction in the District of Maine for possessing an unregistered firearm, a felony offense.

The Bureau of Alcohol, Tobacco, Firearms and Explosives administratively forfeited the 856 firearms and ammunition found in Giambro’s home.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Maine State Police investigated this case, with assistance from the Oxford County Sheriff’s Office and Norway Police Department. 

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Five companies – Ohio Refining Co., Chevron U.S.A. Inc., Energy Transfer (R&M) LLC, Pilkington North America Inc. and Chemtrade Logistics Inc. – today agreed to settlements totaling in excess of $7.2 million to resolve claims of natural resource damages at the Duck & Otter Creeks Natural Resource Damage Assessment (NRDA) site.

A complaint filed with the settlements alleges that the five companies are liable for historic industrial discharges of oil or hazardous substances – including polycyclic aromatic hydrocarbons (PAHs), arsenic and lead – at the Duck & Otter Creeks NRDA site near Toledo, Ohio. The site is just east of the Maumee River and encompasses the creeks, adjoining wetlands, floodplain areas and uplands. Duck and Otter Creeks flow into Maumee Bay in Lake Erie.

In the aquatic environment, oil spills directly cause PAH pollution, and PAHs and metals were identified in creek sediments at different locations throughout the site and in concentrations that could cause injury including to invertebrates, fish, birds and mammals. 

“These settlements will enable restoration work that will significantly improve the environment in the area of the Maumee River and nearby Lake Erie,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Addressing the harm caused by releases of toxic contaminants will benefit local communities and restore important habitat.”

“The Maumee River watershed, including Duck and Otter Creeks, provides key habitats for migratory birds and fish, and supports hunting and fishing activities for local residents,” said Midwest Regional Director Will Meeks of the U.S. Fish and Wildlife Service (USFWS). “We are excited to work with our partners in the Maumee Area of Concern Advisory Committee and the City of Toledo on restoring this incredible resource. The proposed project will provide additional benefits to the local community and this important river and coastal area.”

“For decades, these companies released toxic industrial pollutants into Ohio waterways, damaging our local wildlife and ecosystem,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Our office is proud to assist the Justice Department’s Environment and Natural Resources Division and the Department of the Interior in taking this critical step to protect our residents’ health, preserve our environment and ensure compliance with CERCLA and other environmental laws.”

A draft Restoration Plan, also being made available today by the USFWS for a 30-day public review and comment period, recommends restoration work at the Delaware and Clark Island Complex within the Maumee River. This project will improve water quality in the Maumee River and includes restoring approximately 23 acres of alluvial islands and constructing shoreline enhancements to reduce further island erosion. The project also includes the creation and restoration of island, wetland and submerged habitat for aquatic and bird wildlife as well as vegetation, including plantings of native plants.

Attorneys from ENRD’s Environmental Enforcement Section are handling the case in conjunction with the Department of the Interior and USFWS.

The proposed consent decrees were lodged in the U.S. District Court for the Northern District of Ohio. The settlements are subject to a 30-day comment period and final court approval. The consent decrees will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.

A Nevada man was sentenced yesterday to 37 months in prison for evading his federal income taxes.

According to court documents and statements made in court, Raul Gil owned and operated three Casa Don Juan restaurants in Las Vegas. From 2014 through 2018, Gil instructed his manager and internal bookkeeper to create false sales numbers for his restaurants that underreported cash sales by approximately $5.1 million. Gil then provided those falsified records to an accountant who unwittingly used them to prepare false business and personal income tax returns for those years. 

Then, in July 2018, during an IRS audit, Gil directed his accountant to provide the IRS with profit and loss statements that matched the figures reported on the false tax returns. Gil also directed his manager/bookkeeper to create and provide the IRS with false daily cash and sales reports purportedly printed from the restaurants’ point-of-sale systems. During interviews with the IRS, Gil falsely stated to the revenue agent conducting the audit, and later to IRS special agents conducting a criminal investigation, that the falsified daily cash reports and point-of-sale records were accurate. In total, Gil caused a tax loss to the IRS of approximately $1.6 million.

In addition to the term of imprisonment, U.S. District Judge Andrew P. Gordon for the District of Nevada ordered Gil to serve three years of supervised release and to pay $2,228,943.65 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorney Thomas Flynn of the Justice Department’s Tax Division and Assistant U.S. Attorney Tony Lopez for the District of Nevada prosecuted the case.

A Minnesota man pleaded guilty today to wire fraud and assisting in the preparation of a false income tax return.

According to court documents and statements made in court, from 2012 to 2018, Beau Wesley Gensmer, of Prior Lake, devised a scheme to assist in the preparation of at least 50 false tax returns that claimed fraudulently inflated tax refunds on behalf of unwitting taxpayer clients. In furtherance of his scheme, Gensmer hired a tax return preparer in Anchorage, Alaska, to whom he emailed knowingly false information, including fraudulent business losses and charitable contributions, for each return she prepared.

The return preparer relied on the information she received from Gensmer to prepare and electronically file false returns for each of his clients. Gensmer charged his clients a commission of approximately 30% of each fraudulent refund. In total, Gensmer caused a tax loss to the IRS of at least $3.5 million.

Gensmer is scheduled to be sentenced on May 7 and faces a maximum penalty of 20 years in prison for wire fraud and three years in prison for assisting in the preparation of a false tax return. He also faces a period of supervised release, restitution and monetary penalties. U.S. District Judge John R. Tunheim for the District of Minnesota will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Andrew M. Luger for the District of Minnesota made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Ahmed Almudallal and Dominick Giovanniello of the Justice Department’s Tax Division are prosecuting the case.

Northridge Construction Corporation pleaded guilty to criminal charges today in federal court in Central Islip, New York. A sentencing hearing is scheduled for April 3.

The three-count information alleges that, in 2018, during the construction of a shed on Northridge’s property in East Patchogue, New York, one of its employees fell from an improperly secured roof and died. The Occupational Safety and Health Administration (OSHA) investigated the employee’s death.

Among other worker safety standards, OSHA regulations require always maintaining the stability of a metal structure during construction. Northridge pleaded guilty to violating this worker safety standard which caused the death of one of its employees and to making two false statements that obstructed the federal agency’s inquiry into the employee’s death. 

The maximum penalty for each of the criminal offenses is five years’ probation and a $500,000 fine, or twice the economic gain to the defendant or loss suffered by the victim because of the crime.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) made the announcement.

Senior Trial Attorneys Daniel Dooher and Richard J. Powers and Trial Attorney Rachel Roberts of ENRD’s Environmental Crimes Section are prosecuting the case.

The Justice Department today announced that the Collaborative Reform Initiative Technical Assistance Center (CRI-TAC), which provides a wide array of technical assistance services for the law enforcement field, has achieved a major milestone in providing more than 1,000 technical assistance engagements to state, local, tribal, and territorial law enforcement agencies across the country.

Developed by the Justice Department’s Office of Community Oriented Policing Services (COPS Office), the Collaborative Reform Initiative helps law enforcement agencies and the communities they serve identify and implement organizational improvements and reforms through training, consultation, peer-based learning, analysis, and in-depth assessments. The Initiative is structured as a continuum of services offered to law enforcement agencies on a strictly voluntary basis. CRI-TAC, one of three programs under the broader Collaborative Reform Initiative, provides critical, tailored technical assistance resources to state, local, tribal, territorial and campus law enforcement agencies on a wide variety of topics.

“The CRI-TAC Initiative has been a key component of the expanded Collaborative Reform Initiative relaunched almost two years ago," said Associate Attorney General Vanita Gupta. "The response we’ve seen – now over 1000 engagements on everything from de-escalation training to officer wellness and countless other topics – speaks to the demand for, and utility of, this form of technical assistance provided ‘by the field, for the field.’ The Justice Department is grateful for the extensive engagement and partnerships with law enforcement and community groups as we continue to enhance and expand our technical assistance offerings to support public safety and police-community trust.”

The Attorney General and the Associate Attorney General announced the expansion of the Collaborative Reform in March of 2022.

Some of the areas of technical assistance requested most by agencies include de-escalation techniques, active threat response, public sector coordination and partnerships, school and campus safety, and officer safety and wellness. Specific topics have included the following:

• Using a public health approach to address violent crime
• Strengthening proactive youth engagement within a transit agency
• Improving safety and wellness programming throughout an officer’s career
• Using the internal discipline process for enhanced accountability

The types of technical assistance most requested are training and resource referrals; virtual and on-site consultations are the next most frequent forms of technical assistance delivered. Other forms of technical assistance included policy reviews and in-depth briefings from subject matter experts.

In the evaluations submitted following their engagements, agencies uniformly praised all aspects of the program – from the delivery of services and the subject matter experts provided, to the quality of the information received, to the gains in their level of knowledge and the ability to make positive changes in their agencies based on the training and technical assistance received.

“This is a big milestone for the COPS Office’s technical assistance efforts, and I am extremely grateful that so many law enforcement agencies across the country have been able to get the help they need through the Collaborative Reform Initiative,” said Director Hugh T. Clements, Jr. of the COPS Office. “When law enforcement agencies reach out for help, communities are the ultimate beneficiaries. We look forward to building on this success by helping many more agencies in the months and years ahead.”

Through CRI-TAC, the COPS Office partners with the International Association of Chiefs of Police (IACP) and eight other leading law enforcement organizations to deliver tailored technical assistance that meets the needs of law enforcement agencies in a “by the field, for the field” approach.  Partner agencies include:

• FBI National Academy Associates
• Fraternal Order of Police
• International Association of Campus Law Enforcement Administrators
• International Association of Directors of Law Enforcement Standards and Training
• National Association of Women Law Enforcement Executives
• National Organization of Black Law Enforcement Executives
• National Sheriffs’ Association
• National Tactical Officers Association

Applications to request assistance from CRI-TAC are accepted on a rolling basis, and the technical assistance is delivered at no cost to the agency. Agencies interested in requesting collaborative reform technical assistance can learn more at www.cops.usdoj.gov/collaborativereform.

The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to more than 13,000 state, local, territorial, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers.

On June 25, 2022, President Biden signed the Bipartisan Safer Communities Act (BSCA) into law. Among other provisions aimed at reducing gun violence, BSCA requires the FBI’s National Instant Criminal Background Check System (NICS) to conduct an enhanced background check before any sale or transfer of a firearm to a person under the age of 21 (U21). In addition to the traditional records databases reviewed during a standard background check, these U21 checks involve expanded outreach by the FBI’s NICS Section to state and local officials who may have access to additional disqualifying information.

Since implementing BSCA’s enhanced background checks in October 2022, the FBI NICS Section has conducted enhanced background checks on more than 200,000 transactions. Those checks have kept more than 1,900 firearms out of the hands of dangerous and prohibited persons, and over a quarter of those denials — 527 as of the first week of January — were based solely on information received through the additional BSCA-enabled outreach. Without the enhanced outreach required by BSCA, these 527 U21 transactions would likely have proceeded because the disqualifying information was otherwise unavailable to NICS.

“In the 19 months since the passage of the Bipartisan Safer Communities Act, the law’s expanded background checks have already kept 500 firearms out of the hands of young people who are prohibited from having them,” said Attorney General Merrick B. Garland. “The Justice Department will continue to bring to bear every tool we have to combat the gun violence that plagues our communities.”

The 500th BSCA-specific U21 denial — which was recorded on Dec. 18, 2023 — involved a prospective purchaser whose transaction was denied after a state police officer provided records, otherwise not available to NICS, that showed the prospective purchaser to be an unlawful user of, or addicted to, a controlled substance. Other exemplary U21 denials include:

• A sheriff’s office responded to the NICS Section with an incident report implicating the U21 purchaser in a rape offense. The NICS Section obtained court documentation establishing that the purchaser was convicted of felony rape. The transaction was denied based on the federal prohibitor for persons convicted of a crime punishable by more than one year. 
• A sheriff’s office responded to the NICS Section with an incident report indicating that the U21 purchaser had been arrested for attempted murder and other offenses. The NICS Section obtained court documentation showing that the U21 purchaser was released on bond with court-ordered firearm restrictions pending the resolution of those charges. The transaction was denied based on a state prohibitor for active court-ordered firearm restrictions.
• During BSCA-mandated outreach, a juvenile court provided documentation establishing that a U21 purchaser was found to be mentally ill and involuntarily committed for mental-health treatment. The transaction was denied based on the federal firearm prohibitor relating to mental-health adjudications.
• A police department informed the NICS Section that the U21 purchaser was under felony indictment for sexually exploiting a minor. The transaction was denied based on the federal firearm prohibitor for persons under active felony indictment.
• During BSCA-mandated outreach, a county court provided the NICS Section with documentation that the U21 purchaser had sustained juvenile adjudications for sexual battery, possession of a knife at school, and intimidation. The transaction was denied based on a state prohibitor for disqualifying juvenile adjudications.
• A sheriff’s office informed the NICS Section that a U21 purchaser was currently in jail on multiple pending charges, including domestic violence, robbery, and assault with a dangerous weapon. The transaction was denied based on the federal firearm prohibitor for persons under active felony indictment.
• A police department provided the NICS Section with an incident report for a U21 purchaser who was making suicidal threats and transported for emergency detention at a local in-patient psychiatric center. The transaction was denied based on the federal firearm prohibitor relating to mental-health adjudications.

The FBI continues to engage in extensive education and outreach efforts to improve the state and local partnerships necessary to the success of these enhanced background checks, including by hosting trainings for over 500 law-enforcement agencies and more than 2,000 state criminal-justice officials.

Atlantic Home Health Care LLC (AHH), a home health care agency operating in Arizona and eight other states, has agreed to pay $9,990,944 to resolve allegations that it violated the False Claims Act by submitting false claims to the Energy Employees Occupational Illness Compensation Program (EEOICP or the Energy Program), a healthcare program administered by the Department of Labor (DOL) for the benefit of Department of Energy employees and contractors with occupational illnesses. The settlement is based on AHH’s financial condition.

The United States alleged that, between 2017 and 2021, AHH falsely billed the Energy Program for in-home nursing and personal care when its employees were not physically present in patients’ homes. The government also alleged that AHH paid kickbacks, in the form of cash payments up to $5,000 for patient referrals via its “friends and family program” and in-kind payments for food, internet, travel and other expenses made to patients and their families. The Anti-Kickback Statute prohibits parties who participate in federal healthcare programs, such as the Energy Program, from knowingly and willfully paying or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of, any item or services for which payment is made by, the federal healthcare programs. Prior to the United States’ disclosure to AHH of its investigation, AHH made a voluntary disclosure to the Department of Health and Human Services Office of Inspector General (DHS-OIG) concerning the company’s “friends and family” program and in-kind remuneration to patients and their families. In the settlement agreement, the United States acknowledged AHH’s cooperation in this regard.

“The department is committed to protecting the integrity of the Energy Employees Occupational Illness Compensation Program, a vitally important program that addresses the medical needs of vulnerable individuals who sustained injuries or illnesses while performing their official duties for the Department of Energy,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are dedicated to ensuring that program beneficiaries receive proper care and that taxpayer dollars are protected from waste, fraud and abuse.”

“Quality care is critical to beneficiaries participating in the Energy Employees Occupational Illness Compensation Program,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “The payment of cash kickbacks to induce referrals has no place in our healthcare system. False Claims Act enforcement protects the integrity of federal healthcare programs.”  

“The Office of Workers’ Compensation Programs (OWCP), which oversees the Energy Program within the Department of Labor, wishes to thank all involved in attaining this settlement,” said OWCP Director Christopher J. Godfrey. “With our committed partners at the Justice Department and within DOL’s Office of the Inspector General, we believe that we can continue to hold medical providers accountable for their actions when they take advantage of our claimants and program. That accountability will reduce future fraud, waste and abuse by other providers.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Tonya Cass, who was formerly employed as the Corporate Administrator and Director of Human Resource Administration and Management by AHH and its predecessor, Victory Medical Solutions, from September 2017 through January 2020. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Cass v. Atlantic Home Health Care LLC, et al., No. CV-20-00202-TUC-AMM (D. Az.). As a part of the resolution with AHH, Cass will receive approximately $1.7 million. 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of Arizona.

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

The matter was handled by Trial Attorney Allie Pang of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Anne Nelson for the District of Arizona, with the assistance of U.S. Attorney’s Office Auditor Connie Mudd, Civil Division Auditor John Ounsted and Financial Analyst Sheryl Paynter.

The claims resolved by the settlement are allegations only\, and there has been no determination of liability.

A Texas woman pleaded guilty today for her role in a scheme to illegally transport hundreds of foreign nationals within the United States and conspiracy to launder proceeds of illicit human smuggling.

According to court documents, Erminia Serrano Piedra, aka Irma and Boss Lady, 32, led a human smuggling organization that facilitated the unlawful transportation and movement of hundreds of migrants within the United States and harbored and concealed the migrants from detection by law enforcement authorities. The migrants were citizens of Mexico, Guatemala, and Colombia, and they or their families paid members of the organization to help them travel illegally to and within the United States.

The organization used drivers to pick up migrants near the U.S.-Mexico border and transport them further into the United States, often harboring the migrants at “stash houses” along the way. Drivers for the human smuggling organization hid migrants in suitcases placed in pickup trucks and crammed migrants into tractor-trailers, covered beds of pickup trucks, repurposed water tankers, and wooden crates strapped to flatbed trailers. The methods used by the organization to transport migrants placed their lives in danger, as they were frequently held in confined spaces with little ventilation that became overheated, and they were driven at high speeds with no vehicle safety devices. Members of the organization commonly referred to the migrants as “boxes,” “packages,” or “pieces.”

Typically, the fee paid to the organization was approximately $8,000, with $3,000 paid upfront to smugglers in Mexico and the remainder paid once the migrants entered the United States. Payments were routed through various accounts all over the United States, and the money from those accounts was then transmitted to the leaders of the organization. According to her plea agreement, Serrano Piedra admitted to stating during the conspiracy that she made a lot of money from her involvement in human smuggling and was going to continue making a lot of money in the years to come. She also stated that she had been doing this “for a lifetime already” and was not planning to retire.

Piedra also pleaded guilty to conspiracy to engage in financial transactions designed to conceal the nature, location, source, ownership, and control of ill-gotten proceeds of illicit human smuggling. The leaders of the organization recruited and used straw recipients to accept human smuggling proceeds in the recipients’ bank accounts and then transferred the proceeds to the leaders under the pretense of work payments. The defendants also incorporated businesses and opened business accounts to transfer the human smuggling proceeds. The defendants recruited individuals in the construction industry who accepted human smuggling proceeds in the form of cash in exchange for checks from the recruited individuals’ business bank accounts.

Serrano is agreeing to the criminal forfeiture of two properties with current estimated values of $2,275,000 and $515,000 that were purchased with the illicit proceeds of human smuggling as well as a money judgment of $942,537.00.

Serrano Piedra is scheduled to be sentenced on April 10 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Alamdar Hamdani for the Southern District of Texas, and HSI Executive Associate Director Katrina W. Berger made the announcement.

The Justice Department also announced the guilty pleas of ten other defendants charged in the case who previously pleaded guilty for their roles in the scheme. Kevin Daniel Nuber, aka Captain, 42, and Laura Nuber, aka Barbie, 41, pleaded guilty to conspiracy to transport aliens, placing in jeopardy the life of any person, and conspiracy to harbor aliens for the purpose of commercial advantage and private financial gain. Christine Dangler, aka Tinkerbell, 46; Lloyd Bexley, 53; Jeremy Dickens, 47; Juan Manuel Hernandez Cordova, aka Tio, 46; David Scott Tallant, 54; Katie Ann Garcia, aka Guera, 40; and Abraham Geber Lopez, 28, pleaded guilty to conspiracy to transport and move aliens, placing in jeopardy the life of any person. Oliveria Campuzano Piedra, 54, pleaded guilty to conspiracy to harbor an alien for profit. These defendants are awaiting sentencing.

The indictments and convictions of these defendants are the result of the coordinated efforts of Joint Task Force Alpha (JTFA). Attorney General Merrick B. Garland created JTFA in June 2021 in partnership with the Department of Homeland Security (DHS) to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA is comprised of detailees from U.S. Attorneys’ Offices along the southwest border. Dedicated support is also provided by numerous components of the Criminal Division that are part of JTFA, led by the Human Rights and Special Prosecutions Section (HRSP) and supported by the Office of Overseas Prosecutorial Development, Assistance and Training; Narcotic and Dangerous Drug Section; Money Laundering and Asset Recovery Section (MLARS); Office of Enforcement Operations (OEO); Office of International Affairs; and Violent Crime and Racketeering Section. JTFA also relies on substantial law enforcement investment from DHS, the FBI, the Drug Enforcement Administration (DEA), and other partners. To date, JTFA’s work has resulted in over 260 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 180 convictions; significant jail sentences imposed; and substantial seizures and forfeitures of assets and contraband – including hundreds of thousands of dollars in cash, property, vehicles, firearms, ammunition, and drugs.

HSI Laredo, along with CBP’s U.S. Border Patrol Laredo Sector and DHS Office of the Inspector General, led the U.S. investigation and received substantial assistance from HSI offices in Austin, San Antonio, Waco, and Corpus Christi, Texas; New Orleans, Louisiana; Gulfport, Mississippi; Mobile, Alabama; and West Palm Beach, Florida; HSI’s Human Smuggling Unit in Washington, D.C.; CBP’s National Targeting Center; U.S. Marshals Service; ICE’s Enforcement and Removal Operations - Austin; and the Treasury Executive Office for Asset Forfeiture.  Police departments in Laredo, Killeen, Elgin, and Round Rock, Texas; the Wiggins, Mississippi Police Department; the Bogalusa, Louisiana Police Department; the Webb County Constable’s Office; the Webb County District Attorney’s Office; the Webb, Bastrop, and Caldwell County Sheriff’s Offices in Texas; the Harrison, George, and Stone County Sheriff’s Offices in Mississippi; the Mobile County, Alabama Sheriff’s Office; the Jefferson and Washington Parish Sheriff’s Offices in Louisiana; the Mississippi Bureau of Narcotics; and the Louisiana State Police also provided substantial assistance. 

HRSP Trial Attorneys Christian Levesque and Angela Buckner, Assistant U.S. Attorney Jennifer Day for the for the Southern District of Texas, and MLARS Trial Attorney Daria Andryushchenko are prosecuting the case, with substantial assistance from MLARS Financial Investigator Kelly O’Mara and OEO’s Electronic Surveillance Unit. HRSP Trial Attorney Erin Cox previously provided significant assistance in this case.

H. Lee Moffitt Cancer Center & Research Institute Hospital Inc. (Moffitt), a non-profit cancer treatment and research center based in Tampa, Florida, has agreed to pay $19,564,743 to resolve its civil liability under the False Claims Act for improper claims submitted to federal healthcare programs for certain patient care items and services provided during research studies that were not eligible for reimbursement. In connection with the settlement, the United States acknowledged that Moffitt took a number of significant steps entitling it to credit for cooperating with the government.

This settlement resolves Moffitt’s civil liability for claims that it submitted to Medicare and other federal healthcare programs during the period from 2014 to 2020 for services that were not reimbursable under Centers for Medicare and Medicaid Services rules governing reimbursement for clinical care provided in connection with clinical research trials. Specifically, Moffitt billed federal healthcare programs for items and services provided as part of clinical trial research that should have been billed to non-government trial sponsors. After learning of these issues, Moffitt initiated an independent investigation and compliance review and voluntarily provided the government with a written disclosure of its findings. Moffitt cooperated fully with the government’s investigation of the conduct and implemented prompt and substantial remedial measures. The federal share of the settlement is approximately $18.2 million and the state Medicaid share of the settlement is approximately $1.3 million.

“Healthcare providers participating in federal healthcare programs must ensure that they comply with applicable rules and regulations, including those relating to the submission of claims in connection with clinical research,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As today’s settlement reflects, when providers run afoul of their obligations, they can mitigate the consequences by making timely self-disclosures, cooperating with investigations and taking appropriate remedial measures.”

“Protecting the nation’s healthcare programs is a top priority of our office,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “When those who receive funds from government healthcare programs discover that they have submitted improper claims, we encourage them to promptly disclose the issues and cooperate fully with investigators to reach an appropriate and swift settlement. That’s what Moffitt did here: self-reported its improper claims, cooperated with government investigators and took action to remediate its billing systems.”

“Providers participating in clinical trials funded by federal health care programs must abide by specific guidelines that safeguard these programs,” said Acting Special Agent in Charge Fernando Porras of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Providers will be held accountable if they bill for services outside the rules governing reimbursement. Together, with our law enforcement partners, we will continue to maintain the fiscal integrity of federal healthcare programs.”

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Middle District of Florida and HHS-OIG.

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

The matter was handled by Trial Attorney Gary Dyal of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorneys Randy Harwell and Carolyn Tapie for the Middle District of Florida.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

A California man pleaded guilty today to conspiring to file false claims against the United States.

According to court documents and statements made in court, from 2016 to 2020, Richard Jason Mountford conspired with another individual to submit false individual income tax returns seeking refunds to which they were not entitled. Mountford and his co-conspirator filed income tax returns in their own names, as well as in the names of two other unwitting individuals, that falsely reported they were employed by a company, received wages from that company, and had federal taxes withheld from those wages, fraudulently claiming a refund was due. Most of the returns filed as part of the scheme also falsely reported alimony payments to increase the refund amount.

Based on these fraudulent returns, the IRS issued $873,723.53 in unwarranted refunds to the co-conspirators. Mountford deposited $757,075.53 of these fraud proceeds into his own bank accounts and subsequently purchased nearly $360,000 worth of new cars. He also distributed to his co-conspirator about $170,000 in cash and gold bars for his role in the scheme.

Mountford is scheduled to be sentenced by Judge Troy L. Nunley for the Eastern District of Califonia on April 11, and faces a maximum penalty of 10 years in prison. He also faces a period of supervised release, restitution and monetary penalties. Judge Nunley will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Phillip A. Talbert for the Eastern District of California made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys John C. Gerardi and Charles A. O’Reilly of the Tax Division and Assistant U.S. Attorney Dhruv M. Sharma for the Eastern District of California are prosecuting the case.

The Justice Department announced today that it has secured a settlement agreement with the City of Miami Beach, Florida, to resolve its claims that the city violated the Americans with Disabilities Act (ADA) by asking police applicants to take medical and psychological exams too early in the hiring process.

“The ADA bars employers from asking applicants about health or disability until the end of the hiring process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our settlement with the City of Miami Beach will ensure that police applicants know that they are being evaluated based on their skills and qualifications, rather than on their disability.” 

Under the ADA, employers are required to wait until a conditional job offer is made before asking about an applicant's health or disability, including medical and psychological exams. This requirement helps an applicant know if their health or disability led to their offer being revoked, so they may challenge potential disability-based discrimination. 

The department found that the city did not isolate medical and psychological exams at the end of the hiring process. Instead, it required police applicants to take medical and psychological exams before or at the same time as physical agility tests, and its review of information such as the candidate’s education, past employment, military service, finances, criminal history and social media posts. 

Under the agreement, the city will ensure that its hiring practices comply with the ADA, including the timing of medical examinations, and will continue to train its employees on this requirement. When requested, the city will provide an applicant whose conditional job offer is revoked with the reason why, including any medical or disability-related reasons. The city will also host a training on the ADA and best practices for background investigations for representatives from Florida’s municipal and county law enforcement agencies. The city fully cooperated with the department’s investigation, including by voluntarily revising its background investigation process to fully align with the ADA.

This matter was handled by the Civil Rights Division’s Disability Rights Section. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. Individuals who believe they may have been victims of discrimination may file a complaint at www.civilrights.justice.gov.

The Justice Department today filed suit against the State of Texas to challenge Senate Bill 4 (SB 4) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The Constitution assigns the federal government the authority to regulate immigration and manage our international borders. Pursuant to this authority, Congress has established a comprehensive framework governing the entry of noncitizens into the United States and the removal of noncitizens from the country. Because SB 4 is preempted by federal law and violates the U.S. Constitution, the Justice Department seeks a declaration that SB 4 is invalid and an order preliminarily and permanently enjoining the state from enforcing the law.

“SB 4 is clearly unconstitutional,” said Associate Attorney General Vanita Gupta. “Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress. The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law.”

“Texas cannot disregard the United States Constitution and settled Supreme Court precedent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division. “We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”    

As outlined in the complaint, Texas’s law would create two new state crimes that attempt to regulate immigration, with charges ranging from a misdemeanor to a felony. Additionally, SB 4 would give state judges the ability to order removal from the United States. The Supreme Court, in Arizona v. United States, has previously confirmed that decisions relating to removal of noncitizens from the United States touch “on foreign relations and must be made with one voice.” SB 4 impedes the federal government’s ability to enforce entry and removal provisions of federal law and interferes with its conduct of foreign relations.

The suit was filed on behalf of the United States, including the Justice Department, the Department of Homeland Security, and the Department of State.

MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Calvin Henderson, 46, Fitchburg, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to four years in federal prison for illegally possessing a firearm as a felon.  Henderson pleaded guilty to this charge on October 19, 2023.

On January 26, 2023, law enforcement executed a search warrant at Henderson’s apartment in Fitchburg and recovered three handguns, along with drug packaging.  Henderson admitted that one of the handguns was his. He also admitted that he flushed cocaine down the toilet just before law enforcement entered the apartment.  Henderson cannot legally possess firearms because he has prior felony convictions for offenses including substantial battery and possessing a firearm as a felon. 

In selecting a four-year sentence, Judge Conley noted Henderson’s lengthy and violent criminal history beginning when he was 18 years old. When Henderson was 27 years old, he pistol-whipped another person in what Judge Conley described as a horrific beating. Finally, Judge Conley pointed to the danger associated with  Henderson’s possessing firearms while dealing drugs. 

The charge against Henderson was the result of an investigation conducted by the Fitchburg Police Department, Dane County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms and Explosives.  The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.

This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime.  The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.

Voice over Internet Protocol (VoIP) service provider XCast Labs Inc. (XCast) has agreed to a court order resolving allegations that it violated the Telemarketing Sales Rule (TSR) by assisting and facilitating illegal telemarketing campaigns. The stipulated order, which was entered today by the U.S. District Court for the Central District of California, prohibits XCast from violating the TSR and has additional provisions to ensure its compliance, including required processes for screening its customers and the calls it transmits to identify potential illegal telemarketing. The order also imposes a $10 million civil penalty judgment, which is suspended based on XCast’s inability to pay.

According to the complaint filed on May 12, XCast provided VoIP services that transmitted billions of illegal robocalls to American consumers, including scam calls fraudulently claiming to be from government agencies. Those robocalls delivered prerecorded marketing messages, and many of them were delivered to numbers listed on the National Do Not Call Registry. Additionally, many of the calls failed to truthfully identify the seller of the services being marketed, falsely claimed affiliations with government entities, contained other false or misleading statements to induce purchases or were transmitted with “spoofed” caller ID information. The complaint alleged that XCast continued to transmit these calls even after being alerted to their illegality.

“Today’s order is another example of the Justice Department’s efforts to protect American consumers from illegal robocalls and to stop telecommunications providers from enabling those calls,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to work with the Federal Trade Commission to enforce the Telemarketing Sales Rule.”

“XCast was warned several times that illegal robocallers were using its services and did nothing,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Companies that turn a blind eye to illegal robocalling should expect to hear from the FTC.”

Attorneys in the Civil Division’s Consumer Protection Branch, including Trial Attorney Zachary Dietert and Assistant Director Rachael Doud, in conjunction with staff in the FTC’s Division of Marketing Practices, handled the case.

For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit www.FTC.gov.

The Justice Department is entrusted with the important responsibility of receiving and reviewing applications for executive clemency and making recommendations to the President in support of his exercise of the constitutional clemency power. In fulfilling this responsibility, the department is committed to improving the clemency application process to make it more transparent, accessible and user-friendly. The department is taking a series of actions to reform and streamline the clemency application process. 

Transparency & Accessibility

• Form Simplification: The Justice Department is updating all of its clemency forms, including web forms, to make them more user-friendly, streamlined and accessible to diverse populations. The improved and simplified application for commutation of sentence is now available here. The revised pardon application form is currently open for public comment.
• Language Access: The Justice Department has translated its revised application forms and informational materials into Spanish and is in the process of making its forms available in other languages as well.
• Partnering with Federal Bureau of Prisons (FBOP): The Office of the Pardon Attorney is working closely with the FBOP to assist incarcerated individuals with the clemency process, including by launching a series of educational seminars for staff and individuals in custody. In 2023, the Office met with over 1,800 people in FBOP facilities to provide information about applying for clemency. Additional sessions are scheduled in 2024.

Efficiency

• Reducing Processing Times: The Justice Department is taking steps, including providing additional staffing and technical support for the Office of the Pardon Attorney, to reduce the processing times to ensure that clemency petitioners receive answers in a timely fashion.
• Closing Long-Pending Petitions: The current Administration inherited an unprecedented backlog of clemency petitions. Soon, the Justice Department will begin issuing letters to petitioners that have not been granted clemency in order to deliver closure to those waiting for answers they deserve. Those receiving letters are welcome to submit new petitions.

Public Engagement

• Education and Outreach: The department is working to educate the public about how to submit a clemency application in order to demystify the process and help ensure broader and more equitable access.
• Listening Sessions: The department continues to engage with diverse external stakeholders to ensure that it is responsive to the needs of clemency petitioners and the public.

A Nevada man was sentenced Wednesday to 13 months in prison for his role in separate bribery and tax fraud conspiracies.

According to court documents and statements made in court, Dustin M. Lewis, of Henderson, was a certified public accountant employed by Las Vegas-based accounting firm L.L. Bradford & Company. Beginning in February 2015 through about February 2016, Lewis conspired with and paid a public official with the U.S. Department of Interior’s Bureau of Reclamation (USBR) more than $150,000 in bribes and kickbacks. In exchange for those payments, Lewis’ co-conspirator, who was a member of a selection committee responsible for awarding government contracts to perform auditing services for USBR programs, steered an audit contract to L.L. Bradford.

Lewis and his co-conspirator also conspired to file a false 2013 corporate tax return and other tax forms on behalf of six business entities that collectively claimed over $11 million in fraudulent business deductions. Lewis’ conduct caused a tax loss to the IRS of more than $1.5 million.             

In addition to his prison sentence, U.S. District Judge Andrew P. Gordon for the District of Nevada ordered Lewis to serve three years of supervised release and to pay approximately $704,002 in restitution. The court also imposed a criminal forfeiture money judgment against Lewis in the amount of $704,002.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.

IRS Criminal Investigation, the FBI and the U.S. Department of Interior’s Office of Inspector General investigated the case.

Trial Attorney Patrick Burns of the Justice Department’s Tax Division and Assistant U.S. Attorney Steven Myhre for the District of Nevada prosecuted the case.

Today, President Joseph R. Biden Jr. is granting clemency to 11 individuals who are serving long sentences for non-violent drug offenses.   

President Joseph R. Biden Jr. is commuting the sentences of the following 11 individuals:  

Felipe Arriaga – Sunnyside, Washington

Offense: Conspiracy to distribute methamphetamine (District of Montana). 

Sentence: 20 years of imprisonment, 10-year term of supervised release (December 17, 2009).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Earlie Deacon Barber – Dothan, Alabama

Offense: Conspiracy to distribute and possess with intent to distribute more than five kilograms of a mixture and substance containing cocaine and more than 50 grams of a mixture and substance containing cocaine base (Northern District of Florida). 

Sentence: Life imprisonment, 10-year term of supervised release (September 9, 2009).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

James Michael Barber – Gastonia, North Carolina

Offense: Conspiracy to distribute and possess with intent to distribute at least five kilograms of cocaine and 280 grams of cocaine base (Western District of North Carolina). 

Sentence: 15 years and eight months of imprisonment, five-year term of supervised release (February 13, 2015).

Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the five-year term of supervised release with all its conditions and all other components of the sentence.  

Anthony Ewing – Union City, Georgia

Offense: Conspiracy to distribute cocaine and cocaine base (crack) (Central District of Illinois). 

Sentence: 20 years of imprisonment (as amended by order of June 22, 2017), 10-year term of supervised release (January 22, 2016).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Quittman Andre Goodley – Austin, Texas

Offense: Conspiracy to possess with intent to distribute and distribute 280 grams or more of cocaine base (Western District of Texas). 

Sentence: 20 years of imprisonment, 10-year term of supervised release (July 18, 2012).

Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Deondre Cordell Higgins – Kansas City, Missouri

Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of cocaine base (Western District of Missouri).

Sentence: Life imprisonment, no supervised release (August 30, 2011).

Commutation Grant: Sentence commuted to a term of 25 years, leaving intact and in effect all other components of the sentence and with the final two years of his incarceration in prerelease custody, to the maximum extent permitted by law.

Leroy Lymons – Pensacola, Florida

Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine (Northern District of Florida). 

Sentence: Life imprisonment, 10-year term of supervised release (June 12, 2012).

Commutation Grant: Sentence commuted to a term of 27 years, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Angel Rosario – Allentown, Pennsylvania

Offense: Distribution of 28 grams or more of cocaine base (crack) within 1,000 feet of a public school; distribution of 28 grams or more of cocaine base (crack); distribution of cocaine base (crack) within 1,000 feet of a public school (two counts); distribution of cocaine base (crack) (two counts) (Eastern District of Pennsylvania). 

Sentence: 21 years and 10 months of imprisonment, eight-year term of supervised release, and $2,500 fine (July 19, 2012).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the eight-year term of supervised release with all its conditions and all other components of the sentence.  

Esaias J. Tucker – Tallahassee, Florida

Offense: Conspiracy to distribute more than five kilograms of cocaine and more than 280 grams of cocaine base; possession with intent to distribute 500 grams or more of cocaine and more than 28 grams of cocaine base (Northern District of Florida). 

Sentence: 20 years of imprisonment, 10-year term of supervised release (January 29, 2013).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Darryl Allen Winkfield – Augusta, Georgia

Offense: Conspiracy to distribute, and to possess cocaine and cocaine base with intent to distribute; distribution of cocaine hydrochloride (three counts); possession of cocaine and cocaine base with intent to distribute (Southern District of Georgia). 

Sentence: Life imprisonment, 10-year term of supervised release (September 29, 1998).

Commutation Grant: Sentence commuted to expire on April 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.  

Kenneth Winkler – Indianapolis, Indiana

Offense: Conspiracy to possess with the intent to distribute and to distribute 50 grams or more of actual methamphetamine (Southern District of Indiana). 

Sentence: 20 years of imprisonment, 10-year term of supervised release (July 23, 2012).

Commutation Grant: Sentence commuted to expire on February 20, 2024, leaving intact and in effect the 10-year term of supervised release with all its conditions and all other components of the sentence.

Engine manufacturer Cummins Inc. today disclosed that it has reached an agreement in principle with the United States and State of California to pay a $1.675 billion penalty to settle claims that it violated the Clean Air Act by installing emissions defeat devices on hundreds of thousands of engines. The Clean Air Act requires vehicle and engine manufacturers to ensure that their products comply with applicable emission limits. Defeat devices are parts or software that bypass, defeat, or render inoperative emissions controls such as emission sensors and onboard computers. The company allegedly installed defeat devices on 630,000 model year 2013 to 2019 RAM 2500 and 3500 pickup truck engines. The company also allegedly installed undisclosed auxiliary emission control devices on 330,000 model year 2019 to 2023 RAM 2500 and 3500 pickup truck engines.

The Justice Department issued the following statement from Attorney General Merrick B. Garland:

“The Justice Department is committed to vigorously enforcing the environmental laws that protect the American people from harmful pollutants. 

“Today, the Justice Department reached an initial agreement with Cummins Inc. to settle claims that, over the past decade, the company unlawfully altered hundreds of thousands of engines to bypass emissions tests in violation of the Clean Air Act. As part of the agreement, the Justice Department will require Cummins to pay $1.675 billion, the largest civil penalty we have ever secured under the Clean Air Act, and the second largest environmental penalty ever secured.

“The types of devices we allege that Cummins installed in its engines to cheat federal environmental laws have a significant and harmful impact on people’s health and safety. For example, in this case, our preliminary estimates suggest that defeat devices on some Cummins engines have caused them to produce thousands of tons of excess emissions of nitrogen oxides. The cascading effect of those pollutants can, over long-term exposure, lead to breathing issues like asthma and respiratory infections.

“The Justice Department will work diligently to incorporate today’s agreement into a consent decree that will be filed with the U.S. District Court for the District of Columbia.

“I am grateful to the dedicated women and men of the Environment and Natural Resources Division, as well as to our partners from the EPA, and the State of California, for their assistance in investigating and prosecuting this case and in reaching this important agreement.

“Violations of our environmental laws have a tangible impact – they inflict real harm on people in communities across the country. This historic agreement should make clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people’s health and safety.”

Attorney General Merrick B. Garland today announced the appointment of Jolene Ann Lauria as Assistant Attorney General for Administration. Lauria has served in an acting capacity since June 4, 2022, following the retirement of former Assistant Attorney General for Administration Lee Lofthus.

“The Department’s Assistant Attorney General for Administration plays a critical role in enabling the Department to fulfill its core mission and serve the American people,” said Attorney General Garland. “Jolene’s dedication and record of achievement as a career public servant at DOJ make her uniquely qualified for this position. I look forward to continuing to work alongside her and am grateful to have her as part of the Department’s leadership team at this important time.”

As the Assistant Attorney General for Administration, Lauria is also the Department’s Chief Financial Officer, responsible for Department-wide financial reporting, the annual financial statement, budget formulation and execution, the assets forfeiture fund, and debt management. Lauria also oversees facilities, procurement, human resources, information resources, policy, strategic planning, and other administrative functions. She is a key executive liaison with the appropriations subcommittees. Lauria was the lead executive that consolidated seven separate financial systems into a single modern Justice Department Unified Financial Management System supporting all 40 components and servicing over 16,000 users. For this effort, Lauria was twice a Federal 100 winner, in 2009 and 2015. This prestigious award recognized her vision and pioneering spirit in the federal IT community.

Jolene Lauria has been the Department’s Controller since 2007. Prior to this position, Lauria was the Department’s Director of Budget Staff, and she was the Deputy Chief Financial Officer/Director of Budget at the National Oceanic and Atmospheric Administration (NOAA). Lauria has held a variety of positions in budget and financial management during her 33 years in the Federal government. From 2015-2018, Lauria served on INTERPOL’s Executive Committee as the representative for the Americas Region. She is currently the Chair of INTERPOL’s Advisory Group on Financial Matters that reviews and makes recommendations on INTERPOL’s worldwide budget.

Lauria received a master’s degree in public administration from American University in 1989. In 2013, she graduated from the FBI National Academy, Class 252. Lauria was the recipient of a Meritorious Presidential Rank Award in 2006, and she received a Distinguished Presidential Rank Award in 2010. 

A Wisconsin man was sentenced yesterday to 12 months and one day in prison for violating the Preventing Animal Cruelty and Torture (PACT) Act.

Kenneth J. Herrera, 40, of Soldiers Grove, had previously pleaded guilty for creating, selling and distributing an animal crushing video. Animal crushing includes burning, suffocating, impaling or causing the serious bodily injury of animals. The judge also sentenced Herrera to three years of supervised release and to pay a $5,000 fine.

In 2021, Herrera paid a videographer in Indonesia $100 for a video of a monkey being physically abused. Herrera sent specific instructions, which the videographer followed, asking that the monkey be picked up by the genitals using pliers and then hit on the head with a hammer. The videographer sent Herrera the video via an encrypted messaging application. The PACT Act makes it illegal to create or distribute depictions of animal crushing that will be sold or distributed internationally or between states.

“Animal crushing videos cruelly force animals into a cycle of fear, violence and death for personal gratification or profit,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We are committed to aggressively pursuing and prosecuting anyone who engages in the creation or distribution of animal crush videos.”

“Video recordings of animal torture are cruel, inhumane and illegal,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “Evidence shows that animal torture can be a precursor to other violent crimes. Our office will work with law enforcement, domestically and internationally, to investigate and prosecute all crimes of this nature.”

“The primary mission of the U.S. Fish and Wildlife Service, and our specific role in the Office of Law Enforcement, is to protect all wildlife from being unlawfully commercialized, in whatever form we find it,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “The heinous crimes against wildlife that are centered in this investigation are an extreme example of that commitment. The success of this case is a direct result of our partnership with the Federal Bureau of Investigation.”

“The FBI stands resolute in our dedication to working with our federal and international partners to address animal cruelty violations,” said Special Agent in Charge Michael E. Hensle of the FBI Milwaukee Field Office. “We view the sentence handed down in this case under the Animal Crushing Statue not only as a measure of justice served, but also as a deterrent against future violations. We appreciate the opportunity to work with our partners at the U.S. Fish and Wildlife Service and the U.S. Attorney’s Office in the Western District of Wisconsin on this investigation and will continue to rigorously enforce the laws designed to prevent such heinous acts.”

The FBI and U.S. Fish and Wildlife Service investigated the case.

Trial Attorney Mark T. Romley of the Justice Department Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Chadwick Elgersma for the Western District of Wisconsin prosecuted the case.

A Florida woman was sentenced today to 20 years in prison for her role in a scheme to defraud Medicare by submitting over $192 million in claims for genetic tests and durable medical equipment that patients did not need and telemedicine visits that never occurred. 

According to court documents and evidence presented at trial, Elizabeth Hernandez, 45, of Miami, signed thousands of orders for medically unnecessary orthotic braces and genetic testing for Medicare beneficiaries she never spoke to, examined, or treated. As part of the scheme, telemarketing companies would contact Medicare beneficiaries to convince them to accept orthotic braces and genetic tests and would then send pre-filled orders for these products to Hernandez, who signed them, attesting that she had examined or treated the patients. However, she had never spoken with many of the patients, and she often had others, including non-licensed individuals, sign her name to fraudulent orders. Hernandez also falsified information in the orders about beneficiaries’ symptoms and injuries. 

During the period of the conspiracy, Hernandez ordered more cancer genetic tests for Medicare beneficiaries than any other provider in the nation. In 2020, when Medicare expanded its telemedicine coverage in response to the COVID-19 pandemic, Hernandez also billed Medicare for thousands of telemedicine visits she never performed, routinely billing over 24 hours of telemedicine in a single day. Hernandez personally pocketed approximately $1.6 million in the scheme, which she used to purchase expensive cars, jewelry, home renovations, and travel.

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Deputy Inspector General for Investigations Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG), and Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division made the announcement.  

HHS-OIG and the FBI Miami Field Office investigated the case.

Assistant Chief Kate Payerle and Trial Attorney Andrea Savdie of the Criminal Division’s Fraud Section prosecuted the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

A New Hampshire man has been indicted in connection with sending threatening text messages to three presidential candidates.

Tyler Anderson, 30, of Dover, was charged with three counts of transmitting in interstate commerce a threat to injure the person of another. Anderson was arrested on Dec. 9, and he made an initial appearance in federal court on Dec. 11. On Dec. 14, the court released him on conditions.

“We have seen an increase in threats of violence against public officials and those seeking public office across the country, and I have made clear that these types of illegal threats undermine the function of our democracy,” said Attorney General Merrick B. Garland. “We will not tolerate illegal threats of violence directed at public officials or those seeking public office.”

According to the charging documents, Anderson sent a series of threatening text messages to three separate presidential campaigns going back to November. On Nov. 22, Anderson threatened to “impale” and “disembowel” one candidate. On Dec. 6, Anderson threatened a second candidate in a series of text messages, including that he would “blow” the "head off" of the candidate and conduct a “mass shooting.” On Dec. 8, Anderson threatened via text message that he would “blow” the “brains out” of a third candidate and “kill everyone” who would attend a then-upcoming campaign event.

Anderson faces a maximum of five years in prison, up to three years of supervised release, and a fine of up to $250,000 for each charge. A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI led the investigation. Valuable assistance was provided by the Dover Police Department and the Portsmouth Police Departments.

Assistant U.S. Attorney Charles Rombeau for the District of New Hampshire is prosecuting the case.

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

A Swiss national pleaded guilty today to conspiring to defraud the United States for his role in a scheme to help high-net-worth U.S. taxpayers conceal their income and assets in offshore accounts.

According to court documents and statements made in court, Rolf Schnellmann was the former head of Allied Finance Trust AG, a Zurich-based financial services company and a subsidiary of the Allied Finance Group in Liechtenstein. From approximately 2008 to 2014, Schnellmann and his co-conspirators defrauded the IRS by concealing income and assets of high-net-worth U.S. taxpayer-clients in undeclared bank accounts at Privatbank IHAG Zurich AG (IHAG), a Swiss private bank. 

Schnellmann and his co-conspirators devised and implemented a scheme dubbed the “Singapore Solution” to fraudulently conceal the bank accounts of the U.S. taxpayer-clients, their assets and their income from U.S. authorities. As part of the scheme, Schnellmann and his co-conspirators conspired to transfer more than $60 million from the U.S. taxpayer-clients’ undeclared IHAG bank accounts through a series of nominee accounts in Hong Kong and other locations before returning the funds to newly opened accounts at IHAG in the name of a Singapore-based asset-management firm that a co-conspirator helped establish. The U.S. taxpayer-clients paid large fees to IHAG and others to help them conceal their funds and assets and evade taxes. 

Schnellmann was arrested in August in Italy and extradited to the United States. He is scheduled to be sentenced on July 19, 2024, and faces a maximum penalty of five years in prison, as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Damian Williams for the Southern District of New York and James C. Lee, Chief of IRS Criminal Investigation (IRS-CI) made the announcement.

IRS-CI is investigating the case. Mr. Goldberg and Mr. Williams also thanked the Justice Department’s Office of International Affairs, Interpol, Italian law enforcement authorities, the Prosecutor General’s Office of Trieste and the Italian Ministry of Justice for their assistance in the extradition of the defendant. 

Senior Litigation Counsel Nannette Davis of the Tax Division and Assistant U.S. Attorney Olga I. Zverovich for the Southern District of New York are prosecuting the case.