FEDERAL DISTRICT ARCHIVE
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Justice Department (Kagawaran ng Katurungan) Naglabas sa mga Korte ng Dear Colleague Letter (liham para sa minamahal na kasamahan) Tungkol sa mga Multa at Bayarin ng Kabataan at mga Taong Nasa Hustong GulangRead the Press Release
Naglabas ngayong araw na ito ang Justice Department ng Dear Colleague Letter tungkol sa pagpapataw at pagpapatupad ng mga multa at bayarin ng mga taong nasa hustong gulang at mga kabataan para sa mga state at local na korte at mga ahensya ng katarungang pangkabataan. Tinutukoy ng liham ang mga karaniwang multa at mga gawi sa bayarin na ipinapataw ng korte, at nag-babala laban sa mga gawaing iyon na maaaring labag sa batas, hindi makatarungan na nagpaparusa sa mga indibidwal na walang kakayahang makabayad o kung hindi man ay nagreresulta sa discrimination (pagtanging masama). Ibinibigay ng kagawaran ang liham na ito bilang bahagi ng patuloy na pangako nito sa pagkamatarungan, pang-ekonomiyang katarungan at paglaban sa mga patakarang nag-aambag ng di katimbang na pagkasangkot sa sistema ng katarungan ang mga komunidad na mababa ang kita.
Itinatampok ng liham ang ilang mahahalagang usapin tungkol sa mga multa at bayarin, tulad ng kahalagahan ng pagsasagawa ng makabuluhang pagtatasa ng kakayahang magbayad bago magpataw ng masamang kalalabasan para sa hindi pagbabayad, pagsaalang-alang ng mga alternatibo sa mga multa at bayarin, pag-iingat laban sa labis na mga parusa at pagtiyak ng mga pag-aalaga sa ankop na proseso, kabilang ang tulong ng abugado kung kailan nababagay.
Nagpapaalala ang liham sa mga sistema ng korte at iba pang tumatanggap ng pederal na tulong pinansyal, sa kanilang patuloy na mga tungkulin na huwag mag-discriminate batay sa lahi, kulay, bansang pinagmulan, relihiyon, kasarian at kapansanan; ang magbigay ng makabuluhang pag-aabot sa mga indibidwal na may limitadong kasanayan sa Ingles; at ang matiyak na makakatulong ang angkop na pagtatala sa pagtukoy at pag-iwas sa mga maaaring paglabag sa mga batas na federal ukol sa walang discrimination. Susundan din ng kagawaran ang liham na ito sa pamamagitan ng pagbuo ng isang gabay sa pinakamahuhusay na kagawian, na nagtatampok ng makabagong gawain ng mga mga pinuno ng state at hukuman sa kinaroroonan.
“Hindi dapat nakasalalay sa kita o karanasan ng isang tao ang katarungan sa United States, ” sabi ni Associate Attorney General Vanita Gupta. “Tumutugon ang pinagbagong patnubay ng Justice Department sa mga kagawiang di katimbang na nakakaapekto sa mga komunidad na mababa ang kita at mga taong may kulay, maaaring magbitag ng mga indibidwal at kanilang mga pamilya sa mga kasanayan ng kahirapan at parusa at maaaring lumabag sa mga karapatang civil ng mga taong nasa hustong gulang at mga kabataan. Maraming hurisdiksyon ang nagpabago upang mabawasan ang pag-asa sa mga multa at bayarin, at bumubwelo ang Justice Department upang isulong ang pantay na katarungan at pampublikong kaligtasan para sa lahat. ”
“Ang walang pigil na pagpataw ng mga multa at bayarin sa buong bansa ay nangbibitag na mga maralitang tao, na hindi puti ang pinkamarami, sa isang paulit-ulit na lumalalang utang, di kinakailangang pagkakulong, at nakakapagpahinang kagusutan sa ating sistemang pangkatarungan, ” ani ni Assistant Attorney General Kristen Clarke ng Civil Rights Division ng Justice Department. “Sa pamamagitan ng pagharap sa mga pinsala na maaaring idulot ng agresibong pagpataw ng mga multa at bayarin, maaari nating wakasan ang mga bilangguan ng mga may utang at itaguyod ang pantay na katarungan sa ilalim ng batas para sa lahat. Nakahanda ang Justice Department na tulungan ang mga korte at mga ahensya ng katarungang pangkabataan na magsagawa ng mga pagbubuti at kagawiang tumutukoy sa mga pangangailangan ng kaligtasang pampubliko habang inaalagaan ang mga karapatang civil at constitutional.”
“Mapangwasak ang epekto ng mga obligasyong sapatan ang mga multa at bayarin sa mga taong nasa hustong gulang at mga kabataan na dumaranas ng pamumulubi at iba pang kahirapan sa ekonomiya, at nangbibitag sa karamihan sa walang katapusang paulit-ulit na kahirapan at utang, ” sabi ni Director Rachel Rossi ng Office for Access to Justice. “Maaari ding makagambala ang mga tugkuling ito sa ganap at patas na pag-aabot sa ating sistemang pangkatarungan. Para sa mga kadahilanang ito, dapat tayong manatiling mapagbantay upang maiwasan ang mga mapaminsalang kagawian na hindi nagsisilbi sa hangad ng katarungan. Isang mahalagang hakbang sa patuloy na prosesong iyon ang liham na ito.”
“Ang mga tungkulin na sapatin ang bayarin at multa sa mga sistema ng katarungang pangkriminal at pangkabataan ay nagpapataw ng pinakamabigat na pasanin sa mga hindi gaanong nakakapagbayad, na lalong nagtutulak sa kanila na mas malalim sa sistemang pangkatarungan,” sabi ni Principal Deputy Assistant Attorney General Amy L. Solomon ng Office of Justice Programs. “Makikipagtulungan kami sa mga hurisdiksyon sa buong bansa upang wakasan o takdaan ang mga hindi patas na gawaing ito, upang magkaroon ang mga taong nasa hustong gulang at mga kabataan sa sistemang pangkatarungan ng pagkakataong kinakailangan nila para sumulong sa kanilang buhay. ”
Sa mga darating na linggo, maglalabas din ang Bureau of Justice Assistance ng paghiling na maghahanap ng tagalinkod ng pagsasanay at tulong na technical para makipagtulungan sa piniling bilang na mga hurisdiksyon na interesadong unawain at baguhin ang kanilang mga patakaran at kagawian sa mga multa at bayarin. Ang pinakalayunin ay tulungan ang mga hurisdiksyon na ito na bawasan ang paggamit ng mga hindi makatarungang multa at bayarin at isadya ang mga mapagkukunang gamit ng mga sistemang ito para sa mga aktibidad na magdudulot ng mas malaking pakinabang sa kaligtasang pampubliko.
Batay ang liham sa mga alituntunin ng constitution, kabilang ang Sixth, Eighth at Fourteenth Amendment (Pang-anim, Pang-walo, at Pang labing-apat na Susog), gayundin ang mga federal nondiscrimination statute (kautusan ng di pagtanging masama), kabilang ang Title VI ng Civil Rights Act of 1964 (Title VI) (batas ng karapatang civil) at ang Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) (batas ng ligtas na mga kalye). Matatagpuan ang isang kopya ng liham dito. Makukuha ang karagdagang impormasyon tungkol sa gawain ng Civil Rights Division upang itaguyod at pangalagaan ang mga karapatang civil at constitutional online sa www.justice.gov/crt. Ang mga reklamo tungkol sa mga gawaing may discrimination ay maaaring iulat sa Civil Rights Division sa pamamagitan ng internet reporting portal (lagusan sa online na pag-ulat) nito sa civilrights.justice.gov.
Indiana Woman Charged with Federal Hate Crime for Racially Motivated Attack Against a Woman of Chinese DescentRead the Press Release
A federal grand jury in Evansville, Indiana, returned a single-count indictment charging a woman with committing a hate crime for her racially motivated attack on a woman of Chinese descent.
The indictment returned by a federal grand jury alleges that on Jan. 11, Billie Davis, 56, willfully caused bodily injury to the victim and attempted to do so using a knife, because of the victim’s race and national origin. The indictment also alleges that the offense included an attempt to kill the victim.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Zachary A. Myers for the Southern District of Indiana and Special Agent in Charge Herbert J. Stapleton of the FBI Indianapolis Field Office made the announcement.
The FBI Indianapolis Field Office and Bloomington Resident Agency investigated the case, with assistance from the Bloomington Police Department.
Assistant U.S. Attorney Peter A. Blackett for the Southern District of Indiana and Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Former West Virginia Parole Officer Sentenced for Sexually Assaulting ParoleeRead the Press Release
A former West Virginia Division of Corrections and Rehabilitation Parole officer was sentenced today in federal court in the Southern District of West Virginia to 15 years of imprisonment, five years of supervised release and registration as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female parolee by sexually assaulting her while he was serving as her parole officer.
According to court documents, Anthony DeMetro, 44, admitted that on or about April 16, 2021, he used physical force and his position, authority and status as a state parole officer to force a female parolee to perform oral sex on him against her will. At the time, the parolee was attempting to complete residential drug and alcohol treatment as a condition of her parole. DeMetro admitted that he knew that the parolee did not want to have sex with him but that he coerced and forced her into doing so anyway, for his own sexual gratification.
“We thank the survivor for having the courage and strength to come forward to tell her story,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to hold accountable public officials who exploit their power and authority to sexually assault and harm vulnerable people.”
“This office will continue to hold people accountable who use their position of power to sexually assault vulnerable victims,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “I want to thank the victim again for being brave enough to come forward, even though she was putting her personal safety and freedom at risk.”
“Mr. DeMetro was in a position of power and authority,” said Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office. “He used that authority to take advantage of and prey on a vulnerable woman. This behavior was in violation of the oath he took and cannot be tolerated. The FBI will continue to aggressively investigate color of law abuses by public officials.”
The FBI Pittsburgh Field Office investigated the case.
Trial Attorneys Kathryn E. Gilbert and Daniel E. Grunert of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorneys Monica Coleman and Nowles Heinrich for the Southern District of West Virginia are prosecuting the case.
Former Tennessee County Official Sentenced for Sexually Assaulting Seven Women He Supervised in a County FacilityRead the Press Release
A former county commissioner and director of the Solid Waste Department in Cumberland County, Tennessee, was sentenced today to 17 years in prison followed by five years of supervised release for sexually assaulting seven women who worked under his supervision at the Cumberland County Recycling Center.
Michael Harvel, 61, was previously convicted on nine counts of committing sexual assault. According to evidence introduced at trial – including testimony from 13 women who described Harvel’s sexual abuse – Harvel abused his authority as a county official to sexually assault women who worked under his control at the recycling center. Many of Harvel’s victims were sent to the recycling center to serve court-ordered community service, were required to keep a job as a term of their probation or were otherwise vulnerable because they struggled with substance abuse, were impoverished, or were sole caregivers for their dependents. The jury convicted Harvel of four counts of sexual assault that included kidnapping and three counts that included aggravated sexual abuse.
According to witness testimony at trial, Harvel told one victim to stop by his office at the end of the day, purportedly to discuss a job opportunity, then locked the door to his office and orally raped the woman. He falsely told a second victim that he needed her help with a county work project, then drove her to an isolated landfill in the woods and raped her in a guard shack. The jury also heard evidence that Harvel covered up his pattern of behavior by threatening his victims and other employees so that they would not report his crimes.
“The defendant abused his official position and authority to deprive the victims of their constitutionally-protected right to bodily integrity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While this sentence can’t undo the extraordinary pain and suffering the defendant caused these women, it should send a clear message to public officials they are not above the law and will be held accountable when they sexually assault and abuse people subject to their authority.”
“Michael Harvel is a predator who used his position of authority to victimize vulnerable women,” said U.S. Attorney Henry Leventis for the Middle District of Tennessee. “I am extremely proud of the work our office did, alongside our partners at the Civil Rights Division and FBI, to hold him accountable and to stand up for the rights of the victims.”
“This sentencing should send a clear message that the FBI makes it a priority to bring to justice anyone who violates the civil rights of those they are sworn to protect,” said Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and will continue to vigorously investigate these kinds of cases alongside our local, state and federal partners.”
The FBI Memphis Field Office investigated the case.
Assistant U.S. Attorney Brooke Schiferle for the Middle District of Tennessee and Special Litigation Counsel Michael J. Songer and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section prosecuted the case.
In 2021, in a separate civil action, the Justice Department secured $1.1 million from Cumberland County to resolve a sexual harassment lawsuit. The lawsuit alleged, among other things, that Cumberland County failed to take adequate precautions to prevent Harvel, as the director of the county’s Solid Waste Department, from sexually harassing women he supervised. According to the complaint, Harvel regularly subjected the women to unwanted sexual contact, including kissing and groping, and to unwelcome sexual advances.
El Departamento de Justicia emite una carta a los Estimados Colegas de los tribunales sobre multas y honorarios para jóvenes y adultosRead the Press Release
El Departamento de Justicia emitió hoy una Carta a los Estimados Colegas de los tribunales estatales y locales, y las agencias de justicia juvenil con respecto a la imposición y aplicación de multas y honorarios a jóvenes y adultos. La carta aborda las prácticas comunes de multas y honorarios impuestos por los tribunales, y advierte contra aquellas prácticas que pueden ser ilegales, penalizar injustamente a las personas que no pueden pagar o que de otro modo tienen un efecto discriminatorio. El departamento proporciona esta carta como parte de su compromiso continuo con la equidad, la justicia económica y el combate ante políticas que contribuyen a la participación desproporcionada de las comunidades de bajos ingresos en el sistema de justicia.
La carta destaca una serie de cuestiones principales relacionadas con multas y honorarios, tal como la importancia de realizar una evaluación significativa de la capacidad de pagar antes de imponer consecuencias adversas por el incumplimiento de pago, considerar alternativas a multas y honorarios, proteger contra sanciones excesivas y garantizar la protección del debido proceso, incluida la asistencia de un abogado cuando corresponda.
La carta les recuerda a los sistemas de tribunales y a otros beneficiarios de asistencia financiera federal de sus obligaciones continuas de no discriminar por motivos de raza, color, origen nacional, religión, sexo y discapacidad; proporcionar acceso significativo a personas con dominio limitado del inglés; y garantizar que el mantenimiento adecuado de registros pueda ayudar a identificar y evitar posibles violaciones de las leyes federales contra la discriminación. El departamento también dará seguimiento a esta carta mediante la creación de una guía de mejores prácticas, destacando el trabajo innovador de los estados y los líderes judiciales en esta área.
"La justicia en los Estados Unidos no debe depender de los ingresos o antecedentes de uno", dijo la Fiscal General Asociada Vanita Gupta. "Las directrices actualizadas del Departamento de Justicia abordan las prácticas que afectan desproporcionadamente a las comunidades de bajos ingresos y a las personas de color, puedan atrapar a las personas y sus familias en patrones de pobreza y castigo, y pueden violar los derechos civiles de adultos y jóvenes por igual. Muchas jurisdicciones han hecho innovaciones para reducir la dependencia de multas y honorarios, y el Departamento de Justicia está aprovechando ese impulso para promover la igualdad de justicia y la seguridad pública para todos".
"La imposición sin restricciones de multas y honorarios en todo el país ha atrapado a las personas pobres, muchas de las cuales son personas de color, en un ciclo de aumento del endeudamiento, encarcelamiento innecesario y enredo debilitante en nuestro sistema de justicia", dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. "Al enfrentar los daños que pueden resultar de la imposición agresiva de multas y honorarios, podemos poner fin a las prisiones de deudores y promover la igualdad de justicia ante la ley para todos. El Departamento de Justicia está preparado para ayudar a los tribunales y agencias de justicia juvenil a implementar reformas y prácticas que aborden las necesidades de seguridad pública para proteger los derechos civiles y constitucionales".
"Las obligaciones de satisfacer multas y honorarios suponen un efecto devastador en los adultos y jóvenes sujetos a pobreza y otras adversidades económicas, atrapando a muchos en un ciclo interminable de pobreza y endeudamiento", dijo la Directora Rachel Rossi de la Oficina de Acceso a la Justicia. "Estas obligaciones también pueden interferir con el acceso pleno y justo a nuestro sistema de justicia. Por estas razones, debemos permanecer vigilantes para evitar prácticas perjudiciales que no sirven a los intereses de la justicia. Esta carta es un paso importante en ese proceso constante".
"Las prácticas de honorarios y multas en los sistemas de justicia penal y justicia juvenil les imponen la carga más pesada a los que menos pueden pagar, sumergiéndolos más en el sistema de justicia", dijo la Fiscal General Adjunta Principal Amy L. Solomon de la Oficina de Programas de Justicia. "Vamos a colaborar con jurisdicciones de todo el país para poner fin o limitar estas prácticas injustas, para que los adultos y jóvenes en el sistema de justicia tengan la oportunidad que necesitan para avanzar en sus vidas".
En las próximas semanas, la Oficina de Asistencia Judicial también publicará una solicitud que busca un proveedor de entrenamiento y asistencia técnica para trabajar con un número selecto de jurisdicciones interesadas en comprender y reformar sus políticas y prácticas de multas y honorarios. El objetivo final es ayudar a estas jurisdicciones a reducir el uso de multas y honorarios injustos, y redirigir los recursos utilizados en estos sistemas hacia actividades con un mayor beneficio a la seguridad pública.
La carta se basa en principios constitucionales, incluidas las Enmiendas Sexta, Octava y Decimocuarta, así como en estatutos federales contra la discriminación, incluido el Título VI de la Ley de Derechos Civiles de 1964 (Título VI) y la Ley Ómnibus de Control del Crimen y Calles Seguras de 1968 (Ley de Calles Seguras). Una copia de la carta de hoy se puede encontrar aquí. Información adicional sobre el trabajo de la División de Derechos Civiles para defender y proteger los derechos civiles y constitucionales está disponible en línea en www.justice.gov/crt. Las denuncias sobre prácticas discriminatorias pueden ser reportadas a la División de Derechos Civiles a través de su portal de denuncias en Internet en civilrights.justice.gov.
El Departamento De Justicia Y La Epa Anuncian Acuerdos De La Ley De Aire Limpio Con Tres Procesadores De Gas NaturalRead the Press Release
El Departamento de Justicia y la Agencia de Protección Ambiental (EPA, por sus siglas en inglés) hoy anunciaron tres acuerdos separados con procesadores de gas natural que requerirán que las compañías paguen $9.25 millones combinados en multas civiles y hagan mejoras en 25 plantas procesadoras de gas y en 91 estaciones de compresores. Esos acuerdos reducirán la contaminación perjudicial del aire y mejorarán la calidad del aire en 12 estados, incluso en comunidades afectadas desproporcionadamente por la contaminación y en la nación indígena. Los estados de Alabama, Colorado, Louisiana, Dakota del Norte, Virginia del Oeste y Wyoming, y la Tribu de los Indios Ute del Sur, también están resolviendo reclamaciones contra las compañías.
Cuando estén completamente implementados, los acuerdos combinados con las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC reducirán la contaminación que produce ozono en lo que se calcula que serán 953 toneladas al año y gases de efecto invernadero en 50,633 toneladas al año del equivalente de dióxido de carbono, incluso metano. Esta reducción equivale a quitar de las carreteras a 11,267 vehículos de pasajeros a base de gasolina por un año. Los acuerdos, presentados simultáneamente hoy en los Tribunales Federales del Distrito de Colorado y Utah, resuelven las acusaciones de que las compañías violaron la Ley de Aire Limpio y las leyes estatales de control de la contaminación de aire.
“Estos tres acuerdos mejorarán considerablemente la calidad del aire de comunidades en 12 estados y en la Nación Indígena”, dijo el Fiscal General Adjunto Todd Kim de la División de Recursos Naturales y Medioambiente del Departamento de Justicia. “El anuncio de hoy destaca el compromiso de esta administración para reducir la contaminación atmosférica nociva– incluso las emisiones que agravan los cambios climáticos – y brinda justicia ambiental a aquéllos que están afectados de manera desproporcionada”.
“La EPA continúa brindando aire más limpio a través de la aplicación rigurosa de la Ley de Aire Limpio”, dijo el administrador adjunto interino Larry Starfield de la Oficina de Cumplimiento y Garantía de Cumplimiento de la EPA. “Las fugas de válvulas, bombas y conectores en las plantas procesadoras de gas natural y las emisiones de las estaciones de compresores son una fuente considerable de la contaminación atmosférica dañina. Nosotros continuaremos responsabilizando a estas compañías y trabajando para reducir estas emisiones ilegales a la atmósfera”.
Los acuerdos presentados hoy abordan las acusaciones de que las compañías The Williams Companies, Inc., MPLX LP, y WES DJ Gathering LLC violaron las leyes federales y estatales de aire limpio relacionadas con los requisitos de detección y reparación de fugas (LDAR, por sus siglas en inglés) para las plantas procesadoras de gas natural en distintas instalaciones que poseen y operan en todo el país. Esas instalaciones emiten compuestos orgánicos volátiles (VOCs, por sus siglas en inglés), óxidos de nitrógeno (NOx, por sus siglas en inglés), contaminantes atmosféricos peligrosos tal como benceno y formaldehído y gases de efecto invernadero, de acuerdo con las denuncias presentadas en contra de las compañías.
Los compuestos orgánicos volátiles son componentes clave en la formación del esmog u ozono de nivel de suelo, un contaminante que irrita los pulmones, agravan las enfermedades como el asma. Y pueden aumentar la susceptibilidad a las enfermedades respiratorias, tales como la neumonía y la bronquitis. El óxido de nitrógeno reacciona con los compuestos orgánicos volátiles en la presencia de la luz solar para formar el ozono. Los niños, las personas con enfermedades respiratorias, las personas mayores y aquéllos que trabajan o se ejercitan al aire libre tienen un riesgo mayor de salir perjudicados al respirar el ozono.
Las emisiones en las instalaciones de los acusados también emiten gases de efecto invernadero, tales como metano, un potente gas incoloro e inodoro que es el principal componente del gas natural y el cual contribuye considerablemente al calentamiento global cuando se emite a la atmósfera. Vea https://www.epa.gov/ghgemissions/overview-greenhouse-gases (describe el equivalente del dióxido de carbono).
Según los acuerdos, las compañías gastarán aproximadamente $16 millones combinados en sus medidas de acatamiento. Para minimizar las emisiones en las plantas procesadoras de gas natural, los acusados instalarán y operarán nuevas tecnologías, así como también mejorarán y expandirán las técnicas de control existentes. Estos compromisos incluyen la instalación de equipos que tengan menos fugas, realizarán auditorías, revisarán el acatamiento de los requisitos de detección y reparación de fugas y repararán el equipo con fugas con más rapidez. Las compañías mejorarán la capacitación del personal para la detección y la reparación de fugas en sus instalaciones, y han acordado usar tecnología de imágenes ópticas de gases en sus instalaciones para mejorar la detección visual de fugas y repararlas rápidamente.
Por último, las compañías The Williams Companies, Inc., MPLX LP y WES DJ Gathering LLC implementarán proyectos adicionales para mitigar el perjuicio causado por el exceso de emisiones causadas por sus violaciones a la Ley de Aire Limpio. Esos proyectos varían de compañía en compañía, y puede encontrarse más información sobre cada proyecto en las Hojas de Datos adjuntas a este comunicado de prensa.
Los decretos de consentimiento presentados hoy son: Los Estados Unidos y colaboradores contra The Williams Companies, Inc., y colaboradores; Los Estados Unidos y colaboradores contra MPLX LP y Los Estados Unidos y colaboradores contra WES DJ Gathering LLC anteriormente conocida como Kerr-McGee Gathering LLC.
Para cada uno de los acuerdos individuales, los Estados Unidos publicarán un aviso de la presentación del decreto de consentimiento en el Tribunal de Distrito de los Estados Unidos en el Registro Federal y aceptará comentarios del público durante 30 días después de que se publique cada aviso. Los avisos del Registro Federal también incluirán instrucciones para enviar comentarios del público.
Los tres acuerdos con procesadoras de gas natural anunciados hoy son parte del continuo enfoque por parte de la EPA y el Departamento de Justicia por reducir la contaminación del aire proveniente de instalaciones de petroleo y gas natural. El anuncio de hoy se produjo tras el anuncio del 27 de marzo de 2023 por parte de la EPA, el Departamento de Justicia y el Departamento del Medio Ambiente de Nuevo México del acuerdo con la Matador Production Company, otro acuerdo histórico con una compañía de petróleo y gas natural.
Bộ Tư Pháp Ban hành Thư Gửi Đồng nghiệp tới Toà án Về Tiền phạt và Chi phí cho Người lớn và Thiếu niênRead the Press Release
Bộ Tư Pháp hôm nay đã ban hành một Thư Gửi Đồng nghiệp tới Toà án tiểu bang và địa phương và các cơ quan tư pháp vị thành niên về việc áp đặt và thực thi tiền phạt và chi phí cho người lớn và thiếu niên. Bức thư đề cập đến việc thực hiện tiền phạt và chi phí toà án thường hay-áp-dụng, và cảnh báo về những áp dụng đó có thể là bất hợp pháp, những cá nhân bị xử phạt bất công là những người không thể chi trả hay nói cách khác bị tác dụng phân biệt đối xử. Bộ cung cấp bức thư này như một phần của sự tiếp diễn cam kết về tính công bằng, công lý kinh tế và chiến đấu chống những chính sách nào đóng góp một cách không cân xứng sự tham dự vào hệ thống tư pháp của các cộng đồng có thu-nhập-thấp.
Bức thư nêu bật một số vấn đề chính yếu về việc tiền phạt và chi phí, như sự quan trọng của việc thực hiện dánh giá có ý nghĩa khả-năng-chi-trả trước khi áp đặt những hậu quả bất lợi cho sự thất bại trong chi trả, quan tâm đến các thay thế cho tiền phạt và chi phí, giám sát chống mức phạt quá đáng và bảo đảm việc bảo vệ đúng thủ tục, bao gồm các cố vấn trợ giúp khi phù hợp.
Bức thư nhắc nhở các hệ thống tòa án và các cơ quan khác nhận trợ cấp tài chánh liên bang về nghĩa vụ liên tiếp của họ không được phân biệt đối xử trên cơ bản dòng giống, màu da, nguồn gốc quốc gia, tôn giáo, giới tính và sự khuyết tật; để cung cấp truy cập có ý nghĩa cho các cá nhân có giới hạn Anh ngữ lưu loát; và bảo đảm rằng việc lưu trữ hồ sơ phù hợp có thể giúp xác lập và phòng tránh những vi phạm luật chống phân biệt đối xử của liên bang có thể xảy ra. Bộ đồng thời cũng theo sát với lá thư này bằng cách thiết lập một hướng dẫn thực hành tốt nhất, nêu bật việc đổi mới bởi các lãnh đạo toà án và tiểu bang trong lãnh vực này.
“Công lý tại Hoa Kỳ không thể bị lệ thuộc vào lợi tức hay lý lịch của một người,” Phó Tổng Chưởng lý Vanita Gupta đã nói. “Sự hướng dẫn cập nhật của Bộ Tư pháp giải quyết những thực hành gây ảnh hưởng không cân xứng đến các cộng đồng lợi-tức-thấp và người da màu, có thể làm mắc kẹt những cá nhân và gia đình họ trong những khuôn mẫu của sự nghèo khổ và hình phạt và có thể vi phạm quyền công dân của người lớn cũng như của thiếu niên. Nhiều thẩm quyền tài phán đã đổi mới để giảm thiểu việc dựa vào tiền phạt và chi phí, và Bộ Tư pháp đang xây dựng trên quán tính đó để nâng cao công lý bình đẳng và an toàn công cộng cho tất cả.”
“Sự áp đặt không bị ràng buộc của tiền phạt và chi phí trên toàn quốc đã gài bẫy người nghèo, quá đông trong số họ là những người da màu, trong một chu kỳ của sự leo thang nợ nần, tống giam không cần thiết và làm cho vướng víu suy nhược trong hệ thống tư pháp của chúng ta,” Trợ lý Tổng Chưởng lý Kristen Clarke thuộc Bộ phận Dân quyền của Bộ Tư pháp đã nói. “Bằng cách đối đầu với các tác hại mà có thể có hậu quả áp đặt cách hung bạo của tiền phạt và chi phí, ta có thể đem đến sự chấm dứt tù tội của các con nợ và cổ vũ công lý bình đẳng trong luật pháp cho tất cả. Bộ Tư pháp đã sẵn sàng trợ giúp các toà án và các cơ quan tư pháp vị thành niên để đặt vào vị trí những cải tổ và thực hành để giải quyết nhu cầu an toàn công cộng trong khi bảo vệ quyền công dân và quyền hiến pháp.”
“Nghĩa vụ để thoả mãn tiền phạt và chi phí đã có ảnh hưởng tàn phá trên người lớn và thiếu niên là những người đang trải nghiệm sự nghèo khó và những nghịch cảnh kinh tế khác, bẫy rập nhiều người trong một chu kỳ bất tận của sự nghèo khó và nợ nần,” Giám đốc Văn phòng Tiếp cận Tư pháp Rachel Rossi đã nói. “Những nghĩa vụ này có thể đồng thời cản trở sự truy cập đầy đủ và công bằng vào hệ thống tư pháp của chúng ta. Vì các lý do này, chúng ta vẫn phải thận trọng để ngăn ngừa những thực hành có hại mà không phục vụ lợi ích của công lý. Bức thư này là một bước quan trọng trong tiến trình đó.”
“Những thực hành tiền phạt và chi phí trong hệ thống tư pháp hình sự và vị thành niên áp đặt gánh nặng to lớn nhất trên những người ít khả năng chi trả nhất, đẩy họ vào sâu hơn trong hệ thống tư pháp,” Phó Trợ lý Chính của Tổng Chưởng lý Amy L. Solomon thuộc Văn phòng Chương trình Công lý đã nói. “Chúng ta sẽ làm việc với các thẩm quyền tài phán trên toàn quốc để chấm dứt hay giới hạn những thực hành bất công này, để cho người lớn và thiếu niên trong hệ thống tư pháp có cơ hội họ cần để tiến tới trong cuộc đời của họ.”
Trong những tuần sắp tới, Văn phòng Trợ lý Tư pháp sẽ đồng thời công bố một mời gọi tìm kiếm một nhà cung cấp huấn luyện và trợ giúp kỹ thuật để làm việc với một số thẩm quyền tài phán chọn lọc nào có ý muốn tìm hiểu và cải tổ chính sách và thực hành tiền phạt và chi phí của họ. Mục tiêu tối thượng là để giúp những thẩm quyền tài phán này giảm thiểu sự sử dụng tiền phạt và chi phí bất công và chuyển hướng những nguồn tài nguyên đã dùng trong những hệ thống này vào những hoạt động với kết quả lớn hơn về an toàn công cộng.
Bức thư căn cứ trên những nguyên tắc hiến pháp cơ bản, bao gổm Tu chính án thứ Sáu, thứ Tám, và thứ Mười bốn, cũng như các quy chế liên bang chống phân biệt đối xử, bao gồm Tiêu đề VI của Bộ luật Dân Quyền năm 1964 (Title VI) và Bộ luật Kiểm soát Tội phạm và Luật An toàn Đường phố Omnibus năm 1968 (Safe Streets Act). Một bản sao của bức thư này có thể tìm được ở đây. Các thông tin phụ thuộc về công việc của Bộ phận Dân quyền để bảo vệ và giữ vững quyền hiến định và dân quyền cũng có sẵn trực tuyến tại www.justice.gov/crt. Những khiếu nại về thực hành phân biệt đối xử có thể báo cáo về Bộ phận Dân quyền qua cổng báo cáo trực tuyến của họ tại civilrights.justice.gov.
Statement from Attorney General Merrick B. Garland on the 28th Anniversary of the Oklahoma City BombingRead the Press Release
The Justice Department issued the following statement from Attorney General Merrick B. Garland in recognition of the 28th anniversary of the Oklahoma City Bombing, which took place on April 19, 1995, in Oklahoma City, Oklahoma:
“Today, we mark 28 years since a domestic terrorist bombed the Alfred P. Murrah Federal Building in Oklahoma City on April 19, 1995.
“Today, we remember the 168 people, including 19 children, whose lives were taken and the hundreds who were injured. We send our deepest condolences to the families who are still mourning an unspeakable loss. We commemorate the extraordinary resilience and grace that the Oklahoma City community continues to demonstrate in the wake of that loss.
“And today, here at the Justice Department, we recommit ourselves to doing everything we can to prevent a tragedy like this from ever happening again. We remain vigilant in the face of the threat posed by domestic terrorism. And we remain committed to pursuing accountability for those who perpetrate such attacks and to pursuing justice for the victims and survivors.
“We will never forget what happened in Oklahoma City on April 19. We will never stop telling and retelling the story of that day, and of how the Oklahoma City community responded to hatred and division with compassion and unity. And we will never stop working to honor the memories of those we lost.”
South Carolina Woman Pleads Guilty to Fraud Conspiracy Targeting Retirees and Military Pension HoldersRead the Press Release
A South Carolina woman pleaded guilty to conspiracy for her role in a nationwide structured cash flow scheme that exploited military veterans in desperate financial straits and targeted elderly investors seeking a safe retirement investment.
Candy Kern, 55, of Anderson, South Carolina, was the managing partner of a small South Carolina-based law firm. From approximately 2012 through 2021, she used her law firm to facilitate a fraudulent scheme involving illegal assignment of veterans’ benefits.
The scheme worked as follows: Numerous individuals and small corporate entities, referred to as Structured Cash Flow (SCF) entities, offered veterans – many of whom were in acute financial distress – an up-front lump sum payment in exchange for the assignment of the veterans’ monthly pension and/or disability payments for a period of time. Working through a network of investment advisors and insurance agents, the SCF entities would then solicit retirees to invest in these contracts – providing the up-front lump sums under the false pretense that the flow of repayments by veterans over time would translate into a return for the retiree-investors.
For more than eight years, Kern, through her law firm, served as the banker, legal counsel, and debt collector for the SCF operation. Among other services, Kern’s law firm (1) managed, controlled, and maintained the bank accounts through which payments to and from investors and veterans flowed; and (2) filed suits against veterans who defaulted. Throughout the duration of the scheme, and unbeknownst to the veterans or the retirees, the pension assignment contracts were in fact void, as it is illegal to assign a pension under federal law – a fact Kern knew but never disclosed during the execution of any contract.
Over time, the scheme collapsed, as many veterans (who tended to be in dire financial straits) either were unable to repay their “obligations” under the contract or opted not to do so upon learning that federal law prohibited pension assignments. Over the course of this scheme, approximately $14 million in illegally assigned veterans’ benefits flowed through the accounts controlled by Kern’s law firm. Notwithstanding the invalidity of the contracts, Kern pursued enforcement actions against veterans who defaulted, securing numerous default judgments against veterans in absentia. As a result, Kern’s law firm received approximately $1,446,336, while retiree-investors – who were misled and fraudulently induced to purchase the SCF product without being informed of all material information about the contracts – lost approximately $31,352,897.26.
“This elaborate scheme preyed upon and exploited some of our most vulnerable populations, and when it collapsed, it left thousands of veterans in financial ruin and scores of retiree-investors without adequate resources to retire,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The Department is committed to protecting servicemembers, veterans, and older adults from fraud. And we are dedicated to ensuring that those involved in this scheme are held accountable.”
“The District of South Carolina has been at the forefront of prosecuting fraud related to veterans’ pensions and associated investment scams,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “It is reprehensible that a former member of the South Carolina state bar would participate in such a scheme and use her standing as a lawyer to give victims a false confidence. My office will continue its efforts to protect our veterans and to bring perpetrators to justice.”
“This guilty plea is a true testament to the FBI’s steadfast mission to uphold justice and protect the most vulnerable members of our society from financial exploitation and fraud,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI recognizes the sacrifice and dedication of our veterans and values the contributions of our seniors to our communities. The guilty plea represents our commitment to holding accountable those who seek to take advantage of our nation’s heroes and seniors.”
Assistant U.S. Attorney William Watkins for the District of South Carolina and Trial Attorneys Ehren Reynolds and Yolanda McCray Jones of the Civil Division’s Consumer Protection Branch prosecuted the case.
The matter was investigated by the FBI. The Veterans Benefits Administration’s Benefits Protection and Remediation Division and the Defense Finance Accounting Service also assisted. Resources from the Department of Justice’s Servicemembers and Veterans Initiative and the Transnational Elder Fraud Strike Force aided in the investigation and prosecution.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov. For more information on the Servicemembers and Veterans Initiative, or to file a complaint, visit https://www.justice.gov/servicemembers.
Justice Department Hosts Forum in Newark, New Jersey to Highlight Nationwide Effort to Combat Modern-Day RedliningRead the Press Release
The Justice Department hosted a forum in Newark, New Jersey, to discuss efforts to combat modern-day redlining. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in certain communities because of the race, color or national origin of the residents of those communities.
The forum, which commemorated Fair Housing Month and the 55th anniversary of the Fair Housing Act, featured Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Director Rohit Chopra of the Consumer Financial Protection Bureau (CFPB), U.S. Attorney Philip Sellinger for the District of New Jersey and New Jersey Attorney General Matthew Platkin, who each spoke at today’s program about their respective agencies’ response to the pernicious problem of residential redlining. Newark Mayor Ras Baraka also provided opening remarks at the event, which was hosted at Seton Hall Law School.
“We must use every tool available to us to confront modern-day redlining and to hold banks and financial institutions accountable when they fail to provide communities of color equal access to lending opportunities,” said Assistant Attorney General Clarke. “Since the launch of the Justice Department’s Combating Redlining Initiative, we have secured nearly $85 million dollars in relief for communities that have suffered from lending discrimination. Redlining, appraisal discrimination, so-called crime-free ordinances and racial steering stand as continued threats to fair housing and economic opportunity in our country – we are committed to eradicating these unlawful practices that have caused harm to communities of color for far too long.”
“Redlining is not a relic of the past. It exists in new forms, including in the physical and digital worlds,” said CFPB Director Rohit Chopra. “When it comes to modern-day redlining, the CFPB is prioritizing efforts with federal and state prosecutors to uncover illegal digital redlining by algorithms and artificial intelligence, reverse redlining through predatory targeting, and harmful discrimination by nonbanks.”
“Part of the promise of America is equal opportunity,” said U.S. Attorney Sellinger. “Achieving that dream should be color blind – whether you get a home loan should not depend on the color of your skin or national origin. Redlining is racist, pure and simple. This type of systemic and intentional discrimination cannot – and will not – be tolerated.”
“Access to quality and safe housing is a right that should be enjoyed by all,” said New Jersey Attorney General Matthew J. Platkin. “As we commemorate the 55th anniversary of the Fair Housing Act, we still have work to do to ensure that no one is denied that right due to the color of their skin or national origin. New Jersey’s strong housing laws and our federal fair lending laws send the message that we will not tolerate discriminatory practices in housing access, and, as a nation, we must ensure that those laws are enforced.”
“Redlining has been historically pervasive and deliberate in this country, and cities like Newark have been at the front end of the abuse. While redlining is illegal, we know that this ugly form of racism is still widely practiced,” said Mayor Baraka. “To deny people, specifically in Black and Latino neighborhoods in Newark, mortgage-lending services, based strictly on their race, robs and makes the American dream of homeownership unattainable. It impedes families from building generational wealth and widens the racial wealth gap. We must hold lenders accountable for their illegal and racist policies and behaviors and take deliberate action to reverse the effects of redlining and stop it.”
The forum also featured Seton Hall Law professors as well as civil rights stakeholders in New Jersey, who provided their invaluable perspectives on the effects of redlining on communities of color in New Jersey, and the vital role that community engagement can play in combating redlining. In connection with the event, the Justice Department’s Civil Rights Division also released a fact sheet highlighting the successes of the Combating Redlining Initiative.
In October 2021, Attorney General Merrick B. Garland launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. The initiative has expanded the department’s reach by strengthening partnerships with U.S. Attorneys’ Offices around the country, regulatory partners and its partners in state Attorneys General offices. Since the initiative was launched, the department has announced six redlining cases and settlements and nearly $85 million in relief for communities of color that have been victims of lending discrimination across the country, including a $31 million settlement with City National Bank, the largest redlining settlement in department history. The settlements also include two agreements with Trident Mortgage Company, for $20.4 million, and the Lakeland Bank, for $13.4 million. These two settlements provide tens of millions of dollars to increase credit opportunities for residents of communities of color in and around Camden and Newark, New Jersey.
Additional information about the department’s fair lending enforcement can be found at Fair Lending Program. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291, or submitting a report online. Individuals may also report civil rights violations through www.justice.gov/usao-nj/civil-rights-enforcement or call the U.S. Attorney’s Civil Rights Hotline at (855) 281-3339.
Former Alabama Correctional Sergeant Found Guilty of Civil Rights Violations and Obstruction for Assaulting Three Incarcerated People with a Riot-Baton and Falsifying a ReportRead the Press Release
A federal jury returned guilty verdicts on all four counts of the indictment against a former Alabama Department of Corrections (ADOC) sergeant for assaulting three incarcerated persons with a riot-baton and then writing a false report to cover up the beating.
In April 2022, a federal grand jury in the Middle District of Alabama returned a four-count indictment against Lorenzo Mills, 55, that included three civil rights charges and a charge for writing a false report. Evidence presented at trial proved that on Oct. 25, 2020, Mills, while acting in his official capacity as a correctional sergeant with ADOC, subjected three incarcerated persons to cruel and unusual punishment by striking them with a wooden riot-baton. According to trial evidence and testimony, one victim suffered a broken arm, and two others suffered injury, including pain and bruising, as a result of the beating. After the unlawful use of force, the defendant authored a use of force report wherein he denied using any force against the victims.
“This verdict shows that our community members agree that no person is above the law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Constitution protects the rights of all people, including those in our jails and prisons. We will continue to prosecute correctional officers who abuse their power and use our federal civil rights laws to protect the rights of those detained inside our jails and prisons.”
“Correctional officers have an important and difficult job,” said U.S. Attorney Sandra J. Stewart for the Middle District of Alabama. “These officers are tasked with maintaining good order and safety in our prisons, while protecting the constitutional rights of the inmates they supervise. Although most correctional officers serve honorably, my office will work tirelessly to ensure rogue officers are held accountable.”
“An individual's rights do not end after being convicted of a crime,” said FBI Special Agent in Charge Paul W. Brown of the Mobile Field Office. “The FBI takes any violation of civil rights seriously, especially allegations against those sworn to protect and uphold the law. The few who tarnish the badge and illegally use their official capacity will be caught and tried like any other criminal.”
Mills faces a statutory maximum sentence of 10 years in prison for the civil rights charges and 20 years in prison for the obstruction of justice offense.
Assistant Attorney General Clarke, U.S. Attorney Stewart for the Middle District of Alabama and Special Agent in Charge Brown made the announcement.
The FBI Mobile Field Office and ADOC’s Law Enforcement Services Division investigated the case.
Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney David Reese of the Civil Rights Division’s Criminal Section prosecuted the case.
Justice Department Secures Agreement with General Motors and Announces a New Resource to Help Employers Avoid Immigration-Related Discrimination When Complying with Export Control LawsRead the Press Release
Note: View the Spanish version of the release here.
The Justice Department announced today that it has secured a settlement agreement with General Motors (GM) to resolve the department’s determination that GM discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA). The department also announced the release of a new fact sheet to help employers avoid citizenship status discrimination when complying with export control laws, which govern U.S. companies’ ability to export certain goods and software, technology and technical data. The department’s investigation of GM revealed that the company’s violations stemmed in part from its failure to properly consider the INA’s nondiscrimination requirements when also complying with export control laws.
“Export control laws do not justify or authorize an employer to discriminate against non-U.S. citizens in violation of the Immigration and Nationality Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When employers commit unlawful discrimination, the Civil Rights Division will continue holding them accountable. The Civil Rights Division is issuing a new fact sheet to help educate employers and promote greater compliance with anti-discrimination law going forward.”
Under export control laws and regulations, such as the International Traffic in Arms Regulations and the Export Administration Regulations, all “U.S. persons” working at U.S. companies can access export-controlled items without authorization from the U.S. government. U.S. persons under these laws include U.S. citizens, U.S. nationals, lawful permanent residents, refugees and asylees. An employer might need authorization from the State Department or the Commerce Department to share or release export-controlled items to workers who are not U.S. persons. To confirm if an employer needs to request authorization for an employee to access export-controlled information, the employer might need to obtain a worker’s citizenship or immigration status information to determine whether they are a “U.S. person.” This process is referred to as an “export compliance assessment.”
The department’s investigation determined that until at least September 2021, GM’s export compliance assessments unnecessarily required lawful permanent residents to provide an unexpired foreign passport as a condition of employment, imposing a discriminatory barrier on them in the hiring process. From at least July 2019 until May 2021, GM improperly combined its process for verifying workers’ permission to work in the United States with its export compliance assessment, which resulted in GM unnecessarily requiring that newly hired non-U.S. citizens provide specific and unnecessary documents to prove their permission to work.
Under the terms of the agreement, GM will pay $365,000 in civil penalties to the United States. The agreement also requires GM to train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements. Specifically, GM must separate its process to verify permission to work in the United States from its export compliance assessment process, and stop requiring lawful permanent residents to present foreign passports as a condition of employment.
The INA’s anti-discrimination provision generally prohibits employers from discriminating based on citizenship, immigration status or national origin during the hiring process, including by imposing unnecessary documentary demands as a condition of employment. This law also prohibits employers from asking for more documents than necessary or specific documents when checking an employee’s permission to work because of citizenship, immigration status or national origin. Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin. As explained in the fact sheet issued today, these employer obligations do not change when complying with export-control laws and regulations.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute generally prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when complying with export control requirements on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.
El Departamento de Justicia llega a un acuerdo con General Motors y anuncia un nuevo recurso para ayudar a los empleadores a evitar la discriminación relacionada con la inmigración en cuanto al cumplimiento con las leyes de control de exportacionesRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con General Motors (GM) que resuelve la determinación del Departamento que GM discriminó a no ciudadanos de los EE. UU., en contra de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés). Por otra parte, el Departamento anunció la publicación de una nueva hoja informativa que ayudará a los empleadores a evitar la discriminación por motivos de estatus de ciudadanía a la hora de cumplir con las leyes de control de exportaciones, las cuales gobiernan la capacidad de las empresas estadounidenses a exportar ciertos bienes y software, tecnología y datos técnicos. La investigación de GM que el Departamento realizó reveló que las infracciones de la compañía se debían, en parte, a no haber considerado adecuadamente los requisitos antidiscriminatorios de la INA en el momento de cumplir también con las leyes de control de exportaciones.
«Las leyes de control de exportaciones no justifican ni autorizan a un empleador a discriminar a no ciudadanos de los EE. UU., en contra de la ley de Inmigración y Nacionalidad», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Cuando los empleadores cometen actos discriminatorios ilegales, la División de Derechos Civiles seguirá obligándoles a rendir cuentas de sus acciones. La División de Derechos Civiles está emitiendo una nueva hoja informativa que ayudará a educar a los empleadores y promover mayor cumplimiento con las leyes antidiscriminatorias en el futuro».
Conforme los reglamentos y leyes de control de exportaciones, tales como los Reglamentos sobre el Tráfico Internacional de Armas y los Reglamentos para la Administración de Exportaciones, toda «persona en los EE. UU.» que está trabajando para una compañía estadounidense puede acceder a artículos sometidos al control de exportaciones sin la autorización del Gobierno de los EE. UU. En virtud de estas leyes, las personas en los EE. UU. incluyen a ciudadanos de los EE. UU., nacionales de los EE. UU., residentes permanentes legales, refugiados y asilados. Es posible que un empleador necesite la autorización del Departamento de Estado o el Departamento de Comercio para poder compartir o entregar artículos sometidos al control de exportaciones a trabajadores que no son «personas en los EE. UU.» Para confirmar si un empleador necesita pedir una autorización para un empleado para acceder a información sometida al control de exportaciones, puede que el empleador necesite obtener información sobre el estatus migratorio o de ciudadanía del trabajador para poder determinar si son una «persona en los EE. UU.» A este proceso se le llama una «evaluación del cumplimiento de exportaciones».
La investigación del Departamento determinó que, al menos hasta septiembre del 2021, las evaluaciones del cumplimiento de exportaciones de GM requerían, de manera innecesaria, que residentes permanentes legales proporcionaran un pasaporte extranjero vigente como condición de empleo, lo que les impuso una barrera discriminatoria durante el proceso de contratación. Y al menos desde julio del 2019 hasta mayo del 2021, GM combinó, de manera incorrecta, su proceso para verificar el permiso de los trabajadores para trabajar en los Estados Unidos con su evaluación del cumplimiento de exportaciones, lo que tuvo el efecto de que GM requirió, de forma innecesaria, que no ciudadanos de los EE. UU. que fueran recién contratados proporcionaran documentos específicos e innecesarios para demostrar su permiso para trabajar.
Conforme el acuerdo, GM pagará una sanción civil a los Estados Unidos que asciende a $365,000. Asimismo, el acuerdo requiere que GM capacite a su personal en cuanto a los requisitos de la INA, que revise sus políticas de empleo y que se someta a los requisitos de supervisión y declaración del Departamento. En concreto, GM deberá separar su proceso de verificación del permiso para trabajar en los Estados Unidos de su proceso de evaluación del cumplimiento de exportaciones y dejar de requerir que los residentes permanentes legales presenten pasaportes extranjeros como condición de su empleo.
Por lo general, la disposición antidiscriminatoria de la INA prohíbe que los empleadores discriminen por motivos de ciudadanía, estatus migratorio o nacionalidad de origen durante el proceso de contratación, lo que incluye la imposición de exigencias documentales innecesarias como condición de empleo. Asimismo, esta ley prohíbe que los empleadores pidan documentos específicos o más de los necesarios a la hora de comprobar el permiso para trabajar de un empleado por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen. Las leyes federales permiten a los trabajadores elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su identidad y permiso para trabajar, independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. Tal y como se explica en la hoja informativa que se emitió hoy, estas obligaciones del empleador no cambian cuando uno tiene que cumplir con los reglamentos y leyes de control de exportaciones.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley, por norma general, prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas; las represalias y la intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este video corto. Para más información sobre cómo los empleadores pueden evitar la discriminación en su cumplimiento con los requisitos de control de exportaciones, vaya al sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a inscríbase.
Sibley Hospital and Johns Hopkins Health System Settle Allegations of Improper Compensation ArrangementsRead the Press Release
Sibley Hospital (Sibley) and its parent company, Johns Hopkins Health System (Johns Hopkins), have agreed to pay the United States $5 million to resolve allegations arising from claims that Sibley submitted to the Medicare Program, the Justice Department announced today.
The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. It is intended to ensure that medical decision-making is not influenced by improper financial incentives and instead is based on the best interests of the patient.
Today’s settlement resolves allegations that, from 2008 through 2011, Sibley violated the Stark Law by billing Medicare for services referred by ten cardiologists to whom Sibley was paying compensation that exceeded the fair market value of the services provided. These allegations arose out of conduct that Sibley and Johns Hopkins self-disclosed to the United States.
“Improper financial arrangements between hospitals and physicians can influence the type and amount of health care that is provided,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who violate prohibitions designed to protect the integrity of physician decision-making.”
“Patients have the right to medical care that is strictly about their health and not about the financial benefit or obligation that a physician might receive or owe,” said U.S. Attorney Graves for the District of Columbia. “We welcome conversations with anyone who might have credible information that medical care is being undermined by outside influences. This office works in concert with many partners to protect the public, including the Fraud Section of the Department of Justice and the Office of Inspector General for the U.S. Department of Health, to ensure the rules are followed.”
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section), the U.S. Attorney’s Office for the District of Columbia and the Office of Inspector General for the Department of Health and Human Services.
This matter was handled by Fraud Section Attorney David Wiseman and Assistant U.S. Attorney Heather Graham-Oliver for the District of Columbia.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Readout of Assistant Attorney General Kenneth A. Polite, Jr.’s Trip to LithuaniaRead the Press Release
On April 13 and 14, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division traveled to Vilnius, Lithuania, to meet with the Ukraine Joint Investigation Team (JIT), which is investigating core international crimes committed in Ukraine.
Representatives of the JIT in attendance were from the countries of Lithuania, Ukraine, Poland, Estonia, Latvia, Slovakia, and Romania, as well as Eurojust and the International Criminal Court.
“We had productive conversations on ongoing investigations, and I pledged the U.S. Department of Justice’s increased support,” said Assistant Attorney General Polite. “Just one month ago, on March 3, in Lviv, Ukraine, U.S. Attorney General Merrick Garland signed a Memorandum of Understanding (MOU) with all seven JIT national members, becoming the first country to do so. On Thursday, in an effort to further strengthen this partnership, the U.S. Department of Justice pledged to second an experienced prosecutor to the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) that will be based at Eurojust in The Hague. We look forward to providing additional resources to assist our colleagues from Ukraine and other JIT member partners, including by sharing our expertise to enhance investigations into atrocities committed by Russian perpetrators. Our mission is clear, our resolve will not weaken, and our determination to seek justice will not waiver. The U.S. Department of Justice is committed to holding Russian perpetrators accountable for their brutal and unprovoked invasion of Ukraine.”
(From Left to Right) Assistant Attorney General Polite, Ukrainian Prosecutor General Andriy Kostin, Lithuanian Prosecutor General Nida Grunskienė, and Eurojust Vice President and National Member for Lithuania Margarita Šniutytė-Daugėlienė.One of the main agenda points of the JIT coordination meeting was the ICPA's implementation and future work. The ICPA will be part of the existing support structure for the JIT. It will be based at Eurojust in The Hague and will have a specific focus on supporting and enhancing investigations into the crime of aggression against Ukraine.
AAG Polite concluded April 13 by attending a reception organized by the Lithuanian Prosecutor General Nida Grunskienė. On April 14, AAG Polite met separately with Ukrainian Prosecutor General Andriy Kostin. Also on April 14, the three leaders and Eurojust Vice-President and National Member for Lithuania, Ms. Margarita Šniutytė-Daugėlienė, delivered remarks at a press conference with Lithuanian press. The same day, AAG Polite had a courtesy call with U.S. Ambassador Robert Gilchrist and Deputy Chief of Mission Tamir Waser to convey the Department’s gratitude for the Embassy’s support for the Justice Department’s personnel and programs.
(From Left to Right) Assistant Attorney General Polite, Ukrainian Prosecutor General Andriy Kostin, and Lithuanian Prosecutor General Nida Grunskienė.The AAG’s trip concluded with a visit to Lithuania’s Old Town.
Assistant Attorney General Polite in Vilnius, Lithuania.Partners agreed to cooperate extensively and emphasized their shared commitment and dedication to ensuring that Russian perpetrators of war crimes in Ukraine are prosecuted to the fullest extent of the law.
Nine Additional States Join Justice Department’s Suit Against Google for Monopolizing Digital Advertising TechnologiesRead the Press Release
The Attorneys General of Arizona, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Washington and West Virginia today joined a civil antitrust lawsuit filed by the Justice Department’s Antitrust Division along with the Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee and Virginia, against Google for monopolizing multiple digital advertising technology products in violation of Sections 1 and 2 of the Sherman Act. The Antitrust Division and the state Attorneys General filed an amended complaint in the Eastern District of Virginia.
“We look forward to litigating this important case alongside our state law enforcement partners to end Google’s long-running monopoly in digital advertising technology markets,” said Principal Deputy Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division. “Today we welcome the States of Arizona, Illinois, Michigan, Minnesota, Nebraska, New Hampshire, North Carolina, Washington, and West Virginia who join our existing coalition of eight co-plaintiff states, to deliver the benefits of competition to website publishers, digital advertisers, and the American public.”
Justice Department Secures Agreement with Washington School District to Remedy Discriminatory Seclusion and Restraint PracticesRead the Press Release
The Justice Department announced today a settlement agreement with Spokane Public Schools in Spokane, Washington, to address the discriminatory use of seclusion and restraint against students with disabilities. The settlement agreement, which resolves the department’s investigation under Title II of the Americans with Disabilities Act (ADA), will protect students with disabilities by eliminating seclusion and reforming the district’s restraint practices.
The department’s investigation concluded that the school district inappropriately and repeatedly secluded and restrained students with disabilities and did not limit its use of restraint and seclusion to emergency situations, as required by state law and the district policy. Instead, the district restrained and secluded students with disabilities to address noncompliant behavior, even when those actions appeared to escalate the behavior or when students showed clear signs of trauma. As a result, students with disabilities missed hundreds of hours of instructional time. Under the settlement agreement, Spokane Public Schools has agreed to end the use of seclusion, overhaul its restraint practices and better train staff on how to anticipate, address and de-escalate students’ disability-related behaviors through effective and appropriate interventions and supports.
“When schools discriminate against students with disabilities through improper restraints and seclusion, they unjustly deprive those students of equal access to education and the opportunity to succeed,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools need the tools and the training to appropriately serve all students, including students with disabilities. This agreement will put Spokane Public Schools firmly on a path to systemic reforms that will protect students with disabilities and provide them with a safe and supportive learning environment. The Civil Rights Division will continue to fight discrimination against children with disabilities in public schools across the country.”
“Each and every child deserves a fair and equal opportunity to learn and thrive,” said U.S. Attorney Vanessa R. Waldref for the Eastern District of Washington. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. We are heartened by the school district’s commitment to this sweeping agreement, which will undoubtedly improve the education and everyday lives of many of our students in the Spokane community.”
The district fully cooperated throughout the investigation, and before entering the agreement, began steps to voluntarily reform its practices. Among other actions, under the agreement, the district will:
- Prohibit the use of seclusion (referred to in the agreement as “isolation”) at all district schools;
- Only restrain students when their behavior poses an imminent likelihood of serious harm to the student or another person;
- Improve data collection efforts and establish review protocols following the use of restraint;
- Review and improve behavioral intervention plans;
- Create classroom-wide behavior management plans that promote positive behaviors and de-escalate noncompliant behaviors to support teachers and students in classrooms serving students with high-intensity behaviors;
- Deliver appropriate training and resources to help schools implement the agreement and respond appropriately to student behavior;
- Create a complaint procedure through which families can file a complaint with the district regarding the use of seclusion or restraint;
- Offer counseling and compensatory education services to students with disabilities who were subjected to the district’s discriminatory practices; and
- Appoint an Intervention Coordinator to ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement is the most recent in a series of division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. On Feb. 16, for example, the division reached a settlement with the Anchorage School District in Alaska to address the discriminatory use of seclusion and restraint against students with disabilities. The division reached similar agreements in December 2022 with the Okaloosa County School District in Florida, in September 2022 with the Cedar Rapids Community School District in Iowa, in December 2021 with the Frederick Public School District in Maryland and in December 2020 with the North Gibson School Corporation in Indiana.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at www.justice.gov/crt/educational-opportunities-section. To learn more about the section’s work under the ADA to combat improper seclusion in schools, visit this website: www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
Justice Department Files Sexual Harassment Lawsuit Against Kentucky Rental Property OwnerRead the Press Release
The Justice Department announced today that it has filed a lawsuit against the owner and operator of rental properties in the Pulaski County, Kentucky, area for engaging in sexual harassment and retaliation in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the Eastern District of Kentucky, alleges that Danny T. Bell sexually harassed numerous female tenants since at least 2010. According to the complaint, Bell made repeated and unwelcome sexual comments to female tenants, entered the homes of female tenants without their consent, touched female tenants’ bodies without their consent, offered reduced or free rent in exchange for sexual contact and took adverse housing-related actions against female tenants who refused his sexual advances.
“Everyone deserves to feel safe at home, and sexual harassment in housing destroys that feeling of security,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously enforce the Fair Housing Act to protect tenants from harassment and retaliation by their landlords.”
“Whenever sexual harassment in housing erodes the security and sanctity of a person’s home, it is more than a shame – it is a violation of the law,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “We are committed to doing our part to enforcing the law and ensuring the protections of the Fair Housing Act.”
The lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty to vindicate the public interest and a court order barring future discrimination.
The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The department’s initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative, the department has filed 30 lawsuits alleging sexual harassment in housing and recovered over $9.8 million for victims of such harassment.
The Fair Housing Act prohibits discrimination in housing based on sex, race, color, religion, national origin, disability and familial status. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Bell, or who have other information that may be relevant to this case, may contact the Housing Discrimination Tip Line at 1-833-591-0291, select a language, and select option number 2, then option number 8 to leave a message. Individuals may also e-mail the department at fairhousing@usdoj.gov or submit a report online. Reports also may be made by contacting the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
Credit Card Processors Ordered to Pay $650,000 in Consumer Redress for Assisting in Fraudulent Computer Repair Telemarketing SchemesRead the Press Release
The Justice Department, together with the Federal Trade Commission (FTC), today announced that the government will collect $650,000 in consumer redress from corporate defendants Nexway, SASU, Nexway Group AG, Nexway, Inc., asknet Solutions AG, asknet, Inc., (collectively Nexway), and individual defendants Casey Potenzone and Victor Iezuitov. The defendants’ payment of the $650,000 will result in the suspension of the total monetary judgment of $49.5 million granted by the court.
In a complaint filed in the U.S. District Court for the District of Columbia, the government alleges that, since at least August 2016, the defendants violated the FTC Act and the Telemarketing Sales Rule (TSR) by processing credit card payments for India-based Tech Live Connect and other foreign clients that commit telemarketing fraud via tech support scams. The complaint alleges that Nexway helped its clients open and use merchant accounts to process credit card charges. In a typical scam, Nexway’s client caused deceptive pop-up notifications to appear on a consumer’s computer screen, warning that the computer was infected with a virus or freezing the screen and displaying a phone number to call for help. Consumers who called reached call centers in India and were convinced to pay for “repairs.” The consumers’ credit card charges were processed by Nexway’s credit card merchant account. Nexway received a commission for each charge. The complaint alleges that Nexway and its principals worked with TLC and other fraudster clients despite knowing or consciously avoiding knowing that they were engaged in fraudulent telemarketing and other deceptive practices. The government also asserts that Nexway engaged in “credit card laundering” by allowing its clients to use Nexway’s credit card merchant accounts for their telemarketing scam even though Nexway was not the merchant on those transactions.
“The Department of Justice will not hesitate to pursue and hold accountable payment processors who facilitate tech support scams that defraud consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to protecting consumers from companies that engage in or support deceptive practices.”
“Companies like Nexway that knowingly launder charges for scammers are breaking the law and helping scammers cheat money from consumers,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “The FTC will not hesitate to use its law enforcement powers to stop them.”
This matter is being handled by Claude Scott of the Civil Division’s Consumer Protection Branch and Russell Deitch and J. Ronald Brooke of the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.
Construction Company Owner Sentenced to 78 Months in Prison and Ordered to Pay Nearly $1 Million in Restitution for Rigging Bids and Bribing a Public OfficialRead the Press Release
A construction company owner in California was sentenced to 78 months in prison and ordered to pay $984,699.53 in restitution for his role in a bid-rigging and bribery scheme involving California Department of Transportation (Caltrans) improvement and repair contracts.
According to a guilty plea entered on Nov. 14, 2022, in the U.S. District Court for the Eastern District of California in Sacramento, Bill R. Miller engaged in a conspiracy from April 2015 through as late as December 2019. As part of the conspiracy, Miller recruited others to submit sham bids on Caltrans contracts, including co-conspirator William D. Opp, a former business partner who pleaded guilty in the case on Oct. 3, 2022.
In addition to pleading guilty to bid rigging, Miller also pleaded guilty to paying bribes to Choon Foo “Keith” Yong, the former Caltrans contract manager who managed the contracts involved on behalf of Caltrans, a California state agency that receives significant federal funding. On April 11, 2022, Yong pleaded guilty for his role in the bid-rigging and bribery scheme. According to Yong’s plea agreement, Yong received the bribes in the form of cash payments, wine, furniture and remodeling services on his home. The total value of the bribes that Miller paid to Yong was nearly $1 million. Miller is the first defendant to be sentenced in the case.
“This sentence sends a strong message that criminals who corrupt the competitive bidding process will face stern consequences,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Protecting infrastructure spending and taxpayer dollars remains a top priority for the Antitrust Division and our Procurement Collusion Strike Force partners.”
“A lengthy investigation and a series of guilty pleas has led to the sentencing today for a bid-rigging and bribery conspiracy,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “But our work is not done. Anticompetitive practices harm taxpayers and legitimate businesses alike. My office will continue to investigate and prosecute such conduct.”
“Fair and free competition is essential to ensure taxpayer money is only obligated and spent on essential services and contracts,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “The FBI is committed to working with our partners to investigate such allegations, and bringing to justice those who conspire to enrich themselves by cheating the American public as a whole. We hope this sentence serves as ample warning to anyone contemplating a scheme to falsely influence a government bidding process for personal gain.”
Today’s sentencing is the result of a joint investigation that was conducted by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California and the FBI Sacramento Field Office as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).
Trial Attorneys Christopher J. Carlberg and Tai S. Milder of the Antitrust Division and Assistant U.S. Attorney Lee S. Bickley for the Eastern District of California prosecuted the case.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government — federal, state and local. To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to www.justice.gov/procurement-collusion-strike-force.
40 Officers of China’s National Police Charged in Transnational Repression Schemes Targeting U.S. ResidentsRead the Press Release
Two criminal complaints filed by the U.S. Attorney’s Office for the Eastern District of New York were unsealed today in federal court in Brooklyn charging 44 defendants with various crimes related to efforts by the national police of the People’s Republic of China (PRC) – the Ministry of Public Security (MPS) – to harass Chinese nationals residing in the New York metropolitan area and elsewhere in the United States. The defendants, including 40 MPS officers and two officials in the Cyberspace Administration of China (CAC), allegedly perpetrated transnational repression schemes targeting U.S. residents whose political views and actions are disfavored by the PRC government, such as advocating for democracy in the PRC.
In the two schemes, the defendants created and used fake social media accounts to harass and intimidate PRC dissidents residing abroad and sought to suppress the dissidents’ free speech on the platform of a U.S. telecommunications company (Company-1). The defendants charged in these schemes are believed to reside in the PRC or elsewhere in Asia and remain at large.
“These cases demonstrate the lengths the PRC government will go to silence and harass U.S. persons who exercise their fundamental rights to speak out against PRC oppression, including by unlawfully exploiting a U.S.-based technology company,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “These actions violate our laws and are an affront to our democratic values and basic human rights.”
“China’s Ministry of Public Security used operatives to target people of Chinese descent who had the courage to speak out against the Chinese Communist Party – in one case by covertly spreading propaganda to undermine confidence in our democratic processes and, in another, by suppressing U.S. video conferencing users’ free speech,” said Acting Assistant Director Kurt Ronnow of the FBI Counterintelligence Division. “We aren’t going to tolerate CCP repression – its efforts to threaten, harass, and intimidate people – here in the United States. The FBI will continue to confront the Chinese government’s efforts to violate our laws and repress the rights and freedoms of people in our country.”
Disclosure: U.S. Attorney Breon Peace for the Eastern District of New York is recused from and has not participated in the case captioned United States v. Julien Jin et al., 20-mj-1103.
United States v. Yunpeng Bai, et al.
The two-count complaint charges 34 MPS officers with conspiracy to transmit interstate threats and conspiracy to commit interstate harassment. All the defendants are believed to reside in the PRC, and they remain at large.
As alleged, the officers worked with Beijing’s MPS bureau and are or were assigned to an elite task force called the “912 Special Project Working Group” (the Group). The purpose of the Group is to target Chinese dissidents located throughout the world, including in the United States.
“As alleged, the PRC government deploys its national police and the 912 Special Project Working Group not as an instrument to uphold the law and protect public safety, but rather as a troll farm that attacks persons in our country for exercising free speech in a manner that the PRC government finds disagreeable, and also spreads propaganda whose sole purpose is to sow divisions within the United States,” said U.S. Attorney Breon Peace for the Eastern District of New York. “I commend the investigative team for comprehensively revealing the insidiousness of a state-directed criminal scheme directed at residents of the United States.”
The complaint alleges how members of the Group created thousands of fake online personas on social media sites, including Twitter, to target Chinese dissidents through online harassment and threats. These online personas also disseminated official PRC government propaganda and narratives to counter the pro-democracy speech of the Chinese dissidents. As alleged, for example, Group members created and maintained the fake social media accounts through temporary email addresses, posted official PRC government content, and interacted with other online users to avoid the appearance that the Group accounts were “flooding” a given social media platform. The Group tracks the performances of members in fulfilling their online responsibilities and rewards Group members who successfully operate multiple online personas without detection by the social media companies who host the platforms or by other users of the platforms.
The investigation also uncovered official MPS taskings to Group members to compose articles and videos based on certain themes targeting, for example, the activities of Chinese dissidents located abroad or the policies of the U.S. government.
As alleged, the defendants also attempted to recruit U.S. persons to act as unwitting agents of the PRC government by disseminating propaganda or narratives of the PRC government. On several occasions, the defendants used online personas to contact individuals assessed to be sympathetic and supportive of the PRC government’s narratives and asked these individuals to disseminate Group content.
In addition, Group members took repeated affirmative actions to have Chinese dissidents and their meetings removed from the platform of Company-1. For example, Group members disrupted a dissident’s efforts to commemorate the Tiananmen Square Massacre through a videoconference by posting threats against the participants through the platform’s chat function. In another Company-1 videoconference on the topic of countering communism organized by a PRC dissident, Group members flooded the videoconference and drowned out the meeting with loud music and vulgar screams and threats directed at the pro-democracy participants.
United States v. Julien Jin, et al.
This amended complaint charges 10 individuals, including a former PRC-based Company-1 employee, six MPS officers, and two officials with the CAC, with conspiracy to commit interstate harassment and unlawful conspiracy to transfer means of identification. Nine of the defendants are believed to reside in the PRC and remain at large. The tenth defendant is believed to reside in Indonesia or the PRC and also remains at large.
“The amended complaint charging a former PRC-based employee of a U.S. telecommunications company illustrates the insider threat faced by U.S. companies operating in the PRC,” said First Assistant U.S. Attorney Pokorny for the Eastern District of New York, who thanked Company-1 for its cooperation in the government’s investigation. “As alleged, Julien Jin and his co-conspirators in the Ministry of Public Security and Cyberspace Administration of China weaponized the U.S. telecommunications company he worked for to intimidate and silence dissenters and enforce PRC law to the detriment of Chinese activists in New York, among other places, who had sought refuge in this country to peacefully express their pro-democracy views.”
“These cases demonstrate that the Chinese Communist Party, once again, attempted to intimidate, harass, and suppress Chinese dissidents in the United States,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “In the United States, the freedom of speech is a cornerstone of our democracy, and the FBI will work tirelessly to defend everyone's right to speak freely without fear of retribution from the CCP. These complex investigations revealed an MPS-wide effort to repress individuals by using the U.S. communications platform and fake social media accounts to censor political and religious speech.”
In December 2020, the Department first announced charges against Julien Jin in connection with his efforts to disrupt a series of meetings on the Company-1 platform held in May and June 2020 commemorating the 1989 Tiananmen Square Massacre. Jin served as Company-1’s primary liaison with PRC government law enforcement and intelligence services. In that capacity, he regularly responded to requests from the PRC government to terminate meetings and block users on Company-1’s video communications platform.
As detailed in the original complaint, Jin and others conspired to use Company-1’s U.S. systems to censor the political and religious speech of individuals located in the United States and elsewhere at the direction of the PRC government. For example, Jin and others disrupted meetings held on the Company-1 platform to discuss politically sensitive topics unacceptable to the PRC government – including the Tiananmen Square Massacre. Jin and his co-conspirators fabricated evidence of purported misconduct to cause U.S.-based employees of Company-1 to terminate the meetings.
The allegations in the amended complaint reveal that Jin worked directly with and took orders from defendants at the MPS and the CAC to disrupt meetings on the Company-1 platform and that the co-defendants had targeted U.S.-based dissidents’ speech on Company-1’s platform since 2018.
Starting in 2018, Jin and his co-defendants repeatedly sought to terminate video chat meetings organized by a Chinese dissident residing in New York City who has been a vocal critic of the PRC government and the Chinese Communist Party. After the CAC requested that Company-1 terminate the dissident’s meetings on the Company-1 platform, Jin worked to identify all accounts associated with the dissident, caused meetings related to the dissident to be hosted in a “quarantine zone” – that is, on a server with known lags in response time – and later worked to block all accounts associated with the dissident. Similarly, in 2019, Jin collaborated with the MPS and CAC to block accounts seeking to commemorate the Tiananmen Square Massacre.
The FBI Washington Field Office investigated the cases.
Assistant U.S. Attorneys Alexander A. Solomon, Antoinette N. Rangel, Ian C. Richardson, Nicholas J. Moscow and Jessica K. Weigel of the Eastern District of New York, and Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the cases.
The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States. Please visit: www.fbi.gov/investigate/counterintelligence/transnational-repression.
Statement from Deputy Attorney General Lisa Monaco on the 10th Anniversary of the Boston Marathon BombingsRead the Press Release
The Deputy Attorney General is a native of Boston. On April 15, 2013, she was the Homeland Security and Counterterrorism Advisor to the President of the United States.
The Justice Department issued the following statement from Deputy Attorney General Lisa Monaco on the 10th anniversary of the Boston Marathon bombings:
“Today marks the 10th anniversary of the Boston Marathon bombings. We remember the innocent lives lost and the many survivors who were injured in a senseless act of terrorism. We also remember their loved ones, whose lives were forever changed that day. And we honor the dedication and heroism of the first responders whose swift actions saved many.
“Ten years ago we saw the very worst in the actions of two terrorists, but we also saw the very best in the resilience of a great city—and in the actions of the law enforcement officers, medical professionals, and bystanders who acted heroically in the wake of the attack. Their strength and resilience showed the world the true meaning of Boston Strong.
“This day, and every day, the professionals of the Department of Justice honor the memory of victims of terrorism by working tirelessly to prevent terrorist acts and by holding those who commit them accountable.”
Seven New England Fishermen Charged with Tax Evasion and Failing to File ReturnsRead the Press Release
Federal grand juries in Providence, Rhode Island, and Boston returned separate indictments charging seven commercial fishermen with tax evasion and failing to file returns.
According to the indictments, the commercial fishermen each worked for fishing companies operating primarily out of New Bedford, Massachusetts, or Point Judith, Rhode Island, and received substantial compensation. The companies allegedly paid the fishermen as independent contractors and documented that income by, among other things, filing Forms 1099 with the IRS that reported the funds paid to the fishermen. It is alleged that notwithstanding the receipt of this income, each fisherman did not file individual tax returns or pay all the taxes owed on that income – for some defendants, they allegedly failed to file and/or pay taxes for a decade or more. To conceal the source and disposition of their income, the fishermen allegedly cashed paychecks and then used the cash to fund their lifestyles. One of the defendants allegedly also used the name and Social Security number of another individual to conduct business as a further effort to hide income. In some instances, the fishermen allegedly filed false tax returns for certain years by either not reporting their fishing income or by reporting false business expense deductions to reduce the amount of taxes they owed. Each allegedly evaded tax on between $900,000 and $1.9 million in income.
The seven fishermen indicted are:
Jorge Cazarin of New Bedford, Massachusetts, was charged with five counts of tax evasion and five counts of willful failure to file tax returns for 2016 through 2020.
Christopher Garraty of Newport and East Greenwich, Rhode Island, was charged with three counts of tax evasion and three counts of willful failure to file for 2016 through 2018, and a fourth count of tax evasion related to taxes he allegedly owed for 2007 through 2011.
Wojciech Kaminski of West Warwick, Rhode Island, was charged with five counts of tax evasion for 2014 and 2016 through 2019 and four counts of willful failure to file tax returns for 2016 through 2019.
Brian Kobus of Durham, Connecticut, was charged with five counts of tax evasion for 2017 through 2021.
Rodolfo Membreno of Fall River, Massachusetts, was charged with six counts of tax evasion for 2012 and 2017 through 2021 and four counts of willful failure to file tax returns for 2017 through 2019 and 2021.
John Doe of New Bedford, Massachusetts, was charged with six counts of tax evasion for 2016 through 2021 and three counts of willful failure to file tax returns for 2016 through 2018.
Miguel Cruz Rubio of New Bedford, Massachusetts, and Elizabethtown, North Carolina, was charged with four counts of tax evasion for 2016 through 2019.
If convicted, each defendant faces a maximum sentence of five years in prison for each evasion count and one year in prison for each failure to file a tax return charge. 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 thanked U.S. Attorney Rachael S. Rollins for the District of Massachusetts and U.S. Attorney Zachary A. Cunha for the District of Rhode Island for their help and assistance in the investigation and prosecution of these cases.
IRS-Criminal Investigation is investigating these cases.
Assistant Chief John Kane and Trial Attorneys Samuel Bean, Matthew Cofer, Christina Grimes, and Ezra Spiro of the Justice Department’s Tax Division are prosecuting the cases.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Court Permanently Shuts Down Detroit Tax Preparation BusinessRead the Press Release
On March 13, 2022, a federal court in Detroit entered a permanent injunction against Jeanisia Saquise Allen and First Choice Tax Solutions, LLC, The Tax Experts, Inc., The Tax Experts, LLC, and Top Notch Taxes, Inc., prohibiting them from preparing federal tax returns for others and owning, operating, or franchising a tax return preparation business. Following a payment by Allen to the government pursuant to a settlement agreement, the court, with the government’s consent, today dismissed claims against Allen and her businesses seeking the disgorgement of ill-gotten gains that they received for the preparation of tax returns.
In addition, in related cases also filed in the same Detroit federal court, the court previously entered permanent injunctions against Jennifer Sherman and Erica McGowan, and their respective related businesses, Sherman Management Co., LLC and America Enterprise, LLC. The government complaints in those cases alleged that Sherman and McGowan entered into agreements with Allen and her entity, The Tax Experts LLC, to use the name “The Tax Experts” to conduct business preparing tax returns. The complaints in the cases against Sherman and McGown alleged that their companies falsely claimed the Earned Income Tax Credit and education credits, fabricated business income and expenses, and claimed improper filing status for customers.
A third lawsuit against Annetta Powell and Jasmine Powell, who the government also alleges entered into agreements to use the name “The Tax Experts” to conduct a tax preparation business, is ongoing in federal court in Detroit. Annetta Powell agreed to the entry of a preliminary injunction barring her and her businesses from preparing federal tax returns for others until the date on which trial on whether a permanent injunction is warranted occurs.
In the case against Allen, the complaint alleges that The Tax Experts has operated as many as 32 tax preparation stores during a single year, primarily in metro-Detroit, but also in Chicago and Los Angeles. Over the course of three years (2017, 2018, and 2019), businesses operating as “The Tax Experts” allegedly prepared more than 17,000 federal tax returns claiming over $82 million in tax refunds. The complaint alleges that Allen and The Tax Experts failed to train, oversee, and control businesses that operate under an agreement to use that name. The complaint against Allen further alleges the Tax Experts prepare false or fraudulent tax returns exhibiting common and widespread false income, expenses, claims, credits, and deductions. According to the complaint against Allen, the IRS examined 716 federal tax returns prepared by The Tax Experts, resulting in a total additional tax owed to the United States of $3,552,114, or an average of $5,349.57 for each adjusted return.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Shady tax return preparers remain a concern of the IRS, which recently warned taxpayers about unscrupulous tax return preparers as part of the IRS’s Dirty Dozen series. As the 2023 tax season continues, taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
Taxpayers seeking assistance can access the IRS’s free directory of federal tax preparers. The IRS also has programs offering free basic return preparation for qualifying seniors and individuals with low to moderate income). In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Caribou Man Faces up to 10 Years Following Guilty Plea for Illegal Possession of a FirearmRead the Press Release
BANGOR, Maine: A Caribou man pleaded guilty in U.S. District Court in Bangor today to being a felon in possession of a firearm.
According to court records, in May 2021, John Sam, 34, knowingly possessed a firearm during a traffic stop in Caribou. A 2017 Maine conviction for robbery precluded Sam from possessing firearms.
Sam faces up to 10 years in prison and a fine of up to $250,000. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Caribou Police Department investigated the case.
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Businessman Charged in Fraud Scheme to Conceal $38M from the IRSRead the Press Release
A federal grand jury in Salt Lake City returned an indictment, unsealed today, charging a California businessman with conspiracy to defraud the IRS, conspiracy to commit money laundering, and money laundering.
According to the indictment, from 2013 to 2020, Grigor Termendjian of Los Angeles conspired to defraud the IRS by concealing $38 million of taxable fraud proceeds, which he and others laundered through international and domestic bank accounts. The funds involved in the money laundering transactions were allegedly proceeds from a scheme orchestrated in Utah by Termendjian’s brother, Levon Termendzhyan, aka Lev Aslan Dermen; Jacob Kingston; and others.
Termendjian allegedly sought with his co-conspirators to disguise control of the $38 million by engaging in financial transactions that had no legitimate business purpose. The indictment charges that they created bogus loan agreements, falsely characterized the transfer of fraud proceeds as share purchases or investments and used shell accounts to conceal and disguise the nature, location, source, ownership, and control of the money. Some of the transactions allegedly involved withdrawing funds to purchase cashier’s checks. On one occasion, Termendjian allegedly withdrew over $41 million to purchase two cashier’s checks that he held for several months outside of the U.S. financial system.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Trina A. Higgins for the District of Utah made the announcement.
IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division are investigating the case.
Senior Litigation Counsel John E. Sullivan and Trial Attorneys Richard M. Rolwing and Erika V. Suhr of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Statement from Attorney General Merrick B. Garland on Alliance for Hippocratic Medicine v. FDA Appeals DecisionRead the Press Release
The Justice Department today issued the following statement from Attorney General Merrick B. Garland following the Fifth Circuit Court of Appeals’ decision in Alliance for Hippocratic Medicine v. FDA:
“The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal. We will be seeking emergency relief from the Supreme Court to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care.”
Readout of Director Rachel Rossi of the Office for Access to Justice’s Participation in the 2023 American Bar Association Public Defense SummitRead the Press Release
Director Rachel Rossi of the Office for Access to Justice provided remarks today at the American Bar Association’s 2023 Public Defense Summit and named Nikhil Ramnaney as the Office for Access to Justice Senior Counsel, who will serve in a position dedicated to support for state and local public defense. Mr. Ramnaney brings over a decade of experience as a former county public defender and expert on public defense policy, and most recently served in the Justice Department’s Civil Rights Division.
In March, the Office for Access to Justice was joined by Justice Department senior officials to launch a National Public Defense Day Tour in celebration of the 60th anniversary of Gideon v. Wainwright, which held that criminal defendants are entitled to counsel. The Tour included stops in Miami; Tulsa, Oklahoma; the Muscogee (Creek) Nation; Nashville, Tennessee; Las Vegas; and Des Moines, Iowa, where Director Rossi was joined by Associate Attorney General Vanita Gupta. At the Des Moines listening session with local leaders, Associate Attorney General Gupta announced the creation of this new attorney position in ATJ dedicated to supporting, collaborating with and engaging the state and local public defense community.
Readout of Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco Meeting with Security Cabinet of the Government of MexicoRead the Press Release
Earlier today, following a bilateral meeting between the United States and Mexico at the White House, Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco hosted a luncheon with U.S. and Mexican government officials focused on our partnership in fighting fentanyl and firearms trafficking. The Mexican delegation was led by Secretary for Security and Citizen Protection Rosa Icela Rodriguez, who was recently appointed as the chair of a presidential commission to combat illicit trafficking in synthetic drugs, firearms, and ammunition. Officials discussed law enforcement efforts in the fight against fentanyl trafficking and the illegal firearms smuggling that strengthens the cartels. They also noted the substantial progress that has been made on both issues through bilateral cooperation.
Both delegations pledged to increase information-sharing and cooperation on criminal investigations and prosecutions focusing on disrupting the entire fentanyl supply chain, beginning with interdiction of precursor shipments from China and other countries, through takedowns of illegal laboratories, to arrests of members of distribution networks, to targeting money laundering facilitators.
Attorney General Garland expressed his deep appreciation for all the sacrifices the Mexican military and law enforcement have made – including facing violence and death to fight the cartels. Deputy Attorney General Monaco thanked the Government of Mexico for their recent high number of extraditions to the United States.
The Mexican delegation also included Secretary of Foreign Affairs Marcelo Ebrard Casaubon, Attorney General Alejandro Gertz Manero, Secretary of Defense General Luis Cresencio Sandoval González, Secretary of the Navy Admiral José Rafael Ojeda Durán, Secretary of Health Jorge Alcocer Varela, and Ambassador to the United States Esteban Moctezuma Barragán.
Attorney General Garland and Deputy Attorney General Monaco were joined by U.S. colleagues, including Homeland Security Advisor Dr. Elizabeth Sherwood-Randall, who is leading the interagency efforts against fentanyl; U.S. Ambassador to Mexico Ken Salazar; Deputy Secretary of Homeland Security John Tien; Director of ONDCP Dr. Rahul Gupta; and State Department Assistant Secretary for International Narcotics and Law Enforcement Affairs Todd Robinson.
Both delegations agreed to further bilateral working groups focusing on the disruption of precursor chemicals shipments and illicit firearms smuggling.
Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco with U.S. and Mexican government officialsFort Myers Roofing Contractors Plead Guilty to Tax EvasionRead the Press Release
Two Florida businessmen pleaded guilty yesterday to tax evasion.
According to court documents, David Aaron and Russell Ultes were co-owners of Marlin Construction Group LLC (Marlin), a Fort Myers-based residential and commercial roofing company. In 2018 and 2019, Aaron and Ultes diverted millions of dollars of customer checks made payable to Marlin, by cashing them at check-cashing businesses in nearby counties. Aaron and Ultes used the cash to pay personal expenses and caused Marlin’s books and records to falsely underreport the business’s gross receipts and income for those years. Aaron and Ultes provided false information to Marlin’s tax return preparers, resulting in the preparation of false 2018 and 2019 corporate income tax returns (Forms 1120S) that did not report all of the gross receipts and income. Because the income from the false corporate returns flowed through to Aaron and Ultes’s personal returns, their 2018 and 2019 personal income tax returns (Forms 1040) were similarly false. In total, Aaron and Ultes caused a tax loss to the IRS of over $1.4 million.
Aaron and Ultes each face a maximum of five years in prison, a period of supervised release, restitution and monetary penalties. U.S. District Judge Sheri Polster Chappell 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 Roger Handby for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Senior Litigation Counsel Stanley J. Okula, Jr., and Trial Attorney Richard J. Hagerman of the Justice Department’s Tax Division are prosecuting the case.
Adobe Inc. Agrees to Pay $3 Million to Settle Kickback Allegations Involving Federal Software SalesRead the Press Release
Adobe Inc. has agreed to pay $3 million to resolve False Claims Act allegations that it made payments in violation of the Anti-Kickback Act in return for influence over the sale of Adobe software to the federal government.
“Those who do business with the government are prohibited from paying kickbacks, which can result in unnecessary purchases and increase costs to taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to use all appropriate tools to safeguard the integrity of the federal procurement process.”
The settlement announced today resolves allegations that Adobe made improper payments under its Solution Partner program to companies that had a contractual or other relationship with the government that allowed them to influence federal purchases of Adobe software. Between January 2011 and December 2020, Adobe allegedly paid the companies a percentage of the purchase price of the software. The United States contends that these payments constituted prohibited kickbacks that resulted in Adobe causing false claims for payment to be submitted to federal agencies.
“A fair market relies heavily on an even playing field,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “When a company, vendor, or business owner tips the scales to their advantage, it undermines the system. When government dollars are involved, it means taxpayers ultimately bear the burden. Whistleblowers – like those in this case – are to be commended for trying to return the playing field to level.”
“The General Service Administration Office of the Inspector General (GSA-OIG) will continue working to protect taxpayer dollars and the integrity of federal contracting,” said Inspector General Carol F. Ochoa of the GSA. “I appreciate the hard work of the special agents, auditors, and attorneys on this case.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Alan Dowless, Barbara Evans, and Carrie Whalen, who are all former Adobe managers. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. As part of this resolution, Dowless, Evans, and Whalen will receive $555,000. The qui tam case is captioned United States ex rel. Dowless v. Adobe, Inc., Civil Action Number 17-cv-02039 (D.D.C.).
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 Columbia, with assistance from the GSA-OIG and the Defense Criminal Investigative Service.
Senior Trial Attorney Greg Pearson of the Civil Division and Assistant U.S. Attorney Benton Peterson for the District of Columbia handled the matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Pharmaceutical Distributer Agrees to Pay $765,000 to Resolve False Claims Act Allegations Relating to Failure to Pay Customs DutiesRead the Press Release
The Justice Department announced today that Danco Laboratories, LLC (Danco), located in New York, has agreed to pay $765,000 to resolve allegations that it violated the False Claims Act by failing to pay certain customs duties, known as marking duties, on imported pharmaceutical products that lacked markings to identify their country of origin.
The Tariff Act of 1930 requires companies that import foreign products into the United States to mark the country of origin on those products. Importers that fail to mark their products are subject to a 10% ad valorem duty. The settlement resolves allegations that, during the period 2011 through 2019, Danco failed to mark imported pharmaceutical products with the appropriate country of origin, and thereafter violated the False Claims Act by knowingly avoiding the marking duties owed to the United States for those imports.
“The False Claims Act protects the public fisc by imposing liability not only on those who knowingly submit false claims to the United States, but also on those who knowingly avoid obligations owed to the United States,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s commitment to ensure that importers properly pay all amounts due under our customs laws.”
“Our office is committed to ensuring that importers are transparent with consumers and comply with customs laws and the False Claims Act,” said U.S. Attorney Brit Featherston. “We will continue to pursue aggressively those who seek to avoid their duties and obligations under the law.”
“The United States has required imported goods to be marked with their country of origin for generations, so American consumers can use that information in their purchasing decisions,” said Director Frank Russo of the U.S. Customs and Broder Protection (CPB) New York Field Office. “CBP takes the marking laws very seriously, and is pleased to work with our partners to ensure importers adhere to all customs laws.”
The civil settlement includes the resolution of claims brought by the Life Legal Defense Foundation under the qui tam or whistleblower provisions of the False Claims. These provisions allow a private party, known as a relator, to file an action on behalf of the United States and receive a portion of any recovery. The qui tam action is captioned U.S. ex rel. Life Legal Defense Foundation v. ASD Specialty Healthcare, LLC, et al., No. 21-cv-0088 (E.D. Tex.). As part of today’s resolution, the whistleblowers will receive approximately $115,000.
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 Eastern District of Texas with assistance from CPB.
The matter was handled by Trial Attorney Daniel W. Kastner of the Justice Department’s Civil Division and Assistant U.S. Attorneys James Gillingham and Adrian Garcia for the Eastern District of Texas.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Announces Major Milestones Achieved in Policing Reform Efforts for the City of Albuquerque and Albuquerque Police DepartmentRead the Press Release
The Justice Department announced today that it has joined with the City of Albuquerque in filing a motion seeking changes to the requirements of the consent decree regarding the Albuquerque Police Department (APD) after achieving compliance with a vast majority of the consent decree.
The proposed modifications are based on the city and APD’s notable progress in implementing the consent decree and continued self-assessment of certain provisions of the decree. According to the Independent Monitor, APD has achieved compliance with 80% of the consent decree.
These proposed changes will help APD improve how it investigates low-level uses of force; improve its process for investigating allegations that officers committed misconduct – a crucial component for APD to enforce the requirements of the consent decree in its day-to-day operations; and build on the successes of Albuquerque Community Safety, a city agency that sends trained civilians instead of police officers to 911 calls for mental health, substance abuse, and homelessness issues. This approach allows officers to focus on addressing violent crime, while also connecting people with the services they need.
The Justice Department and the city agreed to critically consider areas where APD has not achieved full compliance in key areas – such as officers’ use of force – and develop strategies for improvement.
“The Justice Department’s consent decree has provided the strong medicine necessary to remedy problems and improve the way policing is carried out across Albuquerque,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “After almost a decade of meaningful reform called for by our consent decree, we are ushering in a new day for people across the city. We are recognizing the progress that the Albuquerque Police Department has made towards achieving compliance with this consent decree for both the court and the public. Though challenges remain, the Justice Department is committed to supporting city leaders, community stakeholders and the police department as we work together to implement lasting institutional reform that makes constitutional policing a reality for everyone across Albuquerque.”
“Together, we are building the effective and constitutional police department the Albuquerque community deserves,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “This is apparent both in technical compliance and in actual overall reductions in serious uses of force, which showed a 30% reduction last year. This is a credit to the hard work of the City of Albuquerque, the men and women of the Albuquerque Police Department and the relentless involvement of our community partners. We can now focus our efforts on the central mission of this journey: ensuring that APD conducts thorough, timely and reliable investigations of officers’ use of force. Our staunch commitment to this goal, as a community, will deliver a change in the culture of policing that centers the safety of all members of the public.”
Over the past eight years, APD has made significant strides towards achieving compliance with the requirements of the consent decree. For example:
- Equipped All Officers with Body-Worn Cameras: APD provided all officers with body worn cameras, which must be activated during all law enforcement contact with community members.
- Created New Civilian Investigative Unit: APD launched a centralized unit of civilian investigators responsible for investigating low-level uses of force as part of a pilot program.
- Increased Crisis Intervention Training: The city and APD instituted programs and initiatives to minimize the use of force against individuals in crisis due to behavioral health issues. Approximately 54% of patrol officers serve as trained crisis intervention certified responders – far more than APD’s initial goal of 40% of patrol officers.
- New Data Collection Efforts: APD hired a Director of Analytics who oversees APD’s data collection and analysis efforts and develops evidence-based recommendations for policy and management strategies.
- New Policing Reform Office: APD created the Bureau of Police Reform to accelerate reform efforts, provide oversight for internal investigations of officers and ensure that officers receive discipline that is fair, consistent and commensurate with their misconduct.
- Successful Training Academy: The APD Training Academy has received consistently high ratings from the Monitor.
The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about the Civil Rights Division, are available on its website at Special Litigation Section Cases and Matters. Additional information about implementation of the consent decree is also available on the website of the U.S. Attorney’s Office at Investigation into Albuquerque Police Department.
Return Preparer and Former Owner of National Tax Preparation Franchise Pleads Guilty to Tax EvasionRead the Press Release
A Georgia man pleaded guilty today to evading the proper assessment of his personal federal income taxes.
According to court documents, from 1999 to 2021, Samir Patel of Statesboro, Georgia, was a tax return preparer at a national return preparation business. In 2015, Patel purchased a franchise of the business in Claxton, Georgia. As the owner, he hired, trained and supervised tax preparers, and continued to prepare returns for customers. Patel, however, willfully filed false income tax returns that underreported his income and evaded proper assessment of his personal taxes for years 2015, 2016, and 2017.
He faces a maximum penalty of five years in prison, as well as a period of supervised release, restitution and monetary penalties. U.S. District Court Chief Judge J. Randal Hall for the Southern District of Georgia 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 Jill E. Steinberg for the Southern District of Georgia made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Matthew C. Hicks and Richard J. Hagerman of the Justice Department’s Tax Division and Assistant U.S. Attorney John P. Harper III of the Southern District of Georgia are prosecuting the case.
Federal Court Shuts Down Detroit-Area Father-and-Son Tax Return Preparers Until Further NoticeRead the Press Release
On April 10, 2023, the U.S. District Court for the Eastern District of Michigan entered a preliminary injunction against Detroit-area tax return preparers Herman “Eddie” Simmons, Richmond Simmons, and the business Profile Income Tax Co., doing business as Simmons Income Tax Company, enjoining Defendants from preparing federal income tax returns for others through the resolution of their case on the merits.
In issuing the preliminary injunction after holding a hearing and taking evidence, the Court noted that the government supported its motion with twelve sworn declarations in which Defendants’ customers disavowed various aspects of the returns that Defendants prepared for them, in particular, false and inflated deductions for charitable contributions. Defendants’ customers’ declarations repeatedly stated that they had never discussed the deductions at issue with Defendants, and that they had no idea why their returns contained the reported figures. Based on that customer testimony, and the similarities across all the fraudulent returns, the Court found that “filing tax returns with falsified deductions plainly qualifies as acting in willful or reckless disregard of the tax code,” and “that Defendants engaged in a pattern of willfully claiming false or inflated deductions to understate their clients’ liabilities.” The Court also rejected Defendants’ contention that they had made “honest mistakes” in the returns they prepared, finding that their claim that they simply reported whatever their customers told them was not credible. According to the Court, “no reasonable tax preparer would proceed in such a grossly uninformed and willfully ignorant manner.”
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Shady tax return preparers remain a concern of the IRS, which recently warned taxpayers about unscrupulous tax return preparers as part of the IRS’s Dirty Dozen series. As the 2023 tax season continues, taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS offers tips on how to accurately file returns and how to choose a tax return preparer, as well as steps taxpayers can take to get a jumpstart on filing. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.
In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Two Former Eastern Kentucky Correctional Supervisors Plead Guilty to Roles in the Assault of a Restrained Inmate and Cover-UpRead the Press Release
A former member of Eastern Kentucky Correctional Complex’s (EKCC) internal affairs department pleaded guilty to one count of deprivation of an inmate’s civil rights, and a former EKCC sergeant pleaded guilty to three counts of obstruction of justice for attempting to cover up their roles in the assault of a restrained inmate.
In their plea agreements, James D. Benish, 36, and Randy L. Nickell, 54, acknowledged that on July 24, 2018, they witnessed fellow EKCC correctional officers assault a non-violent inmate who was lying face-down, wearing handcuffs and leg shackles, and isolated in a prison shower cell. Benish admitted that he was present in the shower during the assault, and he further acknowledged that he violated the inmate’s civil rights by failing to intervene and protect the inmate despite having the means and opportunity to do so. Nickell, who stood outside of the shower while the assault occurred, admitted that he falsified records by omitting the assault from his occurrence report, and that he later lied to the supervisor assigned to investigate the incident, as well as to a Kentucky State Police (KSP) detective.
Two other former officers have pleaded guilty in related cases. On Aug. 29, 2022, former EKCC officer Jeffery Havens pleaded guilty to one count of deprivation of civil rights based on his assault of the inmate. On July 11, 2022, former EKCC officer Derek Mays pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the same assault.
Benish and Nickell are scheduled to be sentenced on Dec. 11. Benish faces a maximum sentence of up to 10 years in prison. Nickell faces a maximum of 20 years in prison for each charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky, Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office and Colonel Phillip Burnett Jr. Commissioner of Kentucky State Police (KSP) made the announcement.
The FBI Louisville Field Office, KSP and the Kentucky Justice and Public Safety Cabinet investigated the case.
Assistant U.S. Attorneys Zach Dembo and Mary Melton for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Singapore Attorney General Lucien WongRead the Press Release
U.S. Attorney General Merrick B. Garland met Monday in Washington, D.C., with Attorney General of the Republic of Singapore Lucien Wong.
The leaders discussed the importance of cooperation in international criminal investigations and prosecutions, and on extradition and mutual legal assistance matters, in order to combat cybercrime, cryptocurrency crimes, financial fraud, money laundering, and drug trafficking.
In the meeting, Attorney General Garland thanked Attorney General Wong for the Singapore Attorney General’s Chambers assistance with the investigation of the global bribery and $4.5 billion embezzlement and money laundering scheme involving the Malaysian sovereign wealth fund 1Malaysia Development Berhad (1MDB) and for their recent excellent assistance with extraditions in other cases.
Attorney General Garland reaffirmed our increasingly close and outstanding bilateral relationship over the past decade with Singaporean law enforcement and the Singapore Attorney General’s Chambers.
“The Justice Department’s international law enforcement partnerships are integral to our efforts to uphold the rule of law and keep our country safe,” said Attorney General Merrick B. Garland. “The Department is grateful for its relationship with our Singaporean law enforcement partners and looks forward to continuing our work together to combat transnational threats.”
Also attending the meeting were U.S. Ambassador to Singapore Jonathan Kaplan, Singapore Ambassador to the United States Ashok Kumar Mirpuri, Singapore Deputy Attorney General Ang Cheng Hock, Chief Prosecutor Tan Kiat Pheng, Deputy Public Prosecutor Ryan Lim, Deputy Assistant Attorney General and Counselor for International Affairs Bruce C. Swartz, and Justice Department Attaché for Maritime Southeast Asia Scott Simeon.
Following both Attorneys General meeting, the delegation from Singapore met with Deputy Assistant Attorney General Richard Downing, the Criminal Division’s Computer Crime and Intellectual Property Section, the National Cryptocurrency Enforcement Team, and the FBI to discuss cybercrime, cryptocurrency and blockchain technology issues. They also met with the Justice Department’s Office of International Affairs and the Criminal Division’s Money Laundering and Asset Recovery Section.
U.S. Attorney General Merrick B. Garland with Attorney General of the Republic of Singapore Lucien WongJustice Department Secures Agreement with Florida Restaurant Franchisee to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with Florida-based Destin Wings LLC, doing business as Hooters of Destin (Destin Wings). The settlement resolves the department’s determination that Destin Wings violated the Immigration and Nationality Act (INA) by discriminating against a non-U.S. citizen when checking her permission to work in the United States.
“While employers are legally obligated to verify every new hire’s permission to work in the United States, they cannot discriminate based on the employee’s citizenship status or national origin in the process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to vigorously combat unlawful discrimination in the workplace and dismantle unnecessary obstacles to work.”
The department’s investigation began when a worker, a non-U.S. citizen, complained that Destin Wings refused to accept her valid documentation proving her permission to work and demanded additional documentation. Although she had permission to work in the United States, she was not able to obtain one of the documents that Destin Wings required because of her citizenship status. The INA’s anti-discrimination provision prohibits employers from asking for specific documents, or more documents than necessary, because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine.
The settlement requires Destin Wings to pay a civil penalty to the United States, provide backpay to the worker who complained to the department, train staff on the INA’s anti-discrimination provision and be subject to departmental monitoring for a period of three years.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee, unfair documentary practices, retaliation and intimidation.
Find more information on how employers can avoid discrimination when verifying permission to work on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Justice Department Announces Total Distribution of over $6B to Victims of State Sponsored TerrorismRead the Press Release
The U.S. Victims of State Sponsored Terrorism Fund (the Fund) today notified a group of eligible claimants of upcoming payments totaling approximately $2.7 billion that the Fund will begin issuing in the coming weeks. The Fund will issue these payments to 5,361 victims of the Sept. 11, 2001 (9/11) terrorist attacks and certain spouses and children of the victims of those attacks. These payments will bring the total compensation paid by the Fund to victims of international terrorism and their families to more than $6 billion.
“The Fund has collected more than $2 billion in deposits from forfeiture proceeds, penalties, and fines arising from violations of the International Emergency Economic Powers Act or the Trading with the Enemy Act,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This tremendous effort epitomizes our unwavering commitment to the investigation and prosecution of individuals and entities that do business with state sponsors of terrorism. One of the primary goals of the department’s Asset Forfeiture Program is to use forfeited assets to compensate victims. In line with that goal, a significant amount of the Fund’s deposits to date are the result of criminal and civil forfeitures.”
The Fund was established by Congress in 2015 and is administered by the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), under the leadership of Special Master Mary Patrice Brown. The Fund has paid more than $3.3 billion to victims in four rounds of distributions. The payments announced today are in addition to these distributions. The number of eligible claimants has grown from over 2,000 in 2017 to over 15,500 today. Of those, 12,117 claimants are 9/11 victims and their family members, while another 3,652 claimants have claims related to other acts of international state-sponsored terrorism.
Apart from an initial appropriation of $1.025 billion from Congress and additional Congressional appropriations for 9/11 victims and victims of certain other terrorist attacks, funds available for payment from the Fund resulted from Department of Justice prosecutions and cases and other U.S. government enforcement actions. Congress required the deposit into the Fund of certain forfeiture proceeds, penalties, and fines from civil and criminal matters involving prohibited transactions with state sponsors of terrorism. The department has identified more than 125 qualifying matters for deposit into the Fund. The payments announced today come from the Congressional appropriation for 9/11 victims.
“We know that no amount of compensation could ever repair what was lost for those devastated by acts of international terrorism, and that so many victims and their families have waited years and sometimes decades for compensation,” said Special Master Brown. “The dedicated team at the department remains steadfast in its goal of providing compensation to these victims and in its pursuit to deliver them some semblance of justice. Victims and their family members can be assured that their claims will be processed promptly, fairly, and transparently.”
Since establishing the Fund in 2015, Congress has amended its governing statute several times, including updating the eligibility of certain groups of international state-sponsored terrorism victims – such as certain 9/11 victims – to receive payments from the Fund. Following direction from Congress, in 2021, the Government Accountability Office (GAO) calculated lump-sum catch-up payments to certain 9/11 victims and certain spouses and children of 9/11 victims, based on the Fund’s payments to other 9/11-related victims. This GAO report estimated the total lump-sum catch-up payments at approximately $2.7 billion. Most recently, in 2022, Congress appropriated funds for the Fund to issue these lump-sum catch-up payments, leading to the payments the Fund announced today.
In the same legislation, Congress also appropriated an additional $3 billion to a reserve fund from which the Fund will issue lump-sum catch-up payments to certain victims of the 1983 barracks bombings in Beirut, Lebanon, and the 1996 bombing of the Khobar Towers housing complex in Khobar, Saudi Arabia. As with the payments for certain 9/11 victims announced today, GAO will calculate these lump-sum catch-up payments through a process that provides for public comment. Thereafter, the Fund will issue the payments and any amounts remaining in the reserve fund will be made available for distribution pursuant to the statute.
The Fund continues to accept applications and to collect deposits for future payments as authorized by its governing statute. More information about the Fund’s compensation to victims of state sponsored terrorism is available on the Fund’s website at www.usvsst.com, such as application materials, frequently asked questions (FAQs), and publications including Federal Register notices and reports to Congress. Further questions may be directed to MLARS.
El Departamento de Justicia llega a un acuerdo con un restaurante franquiciado en la Florida que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con una compañía ubicada en la Florida, Destin Wings LLC, conocida comercialmente como Hooters of Destin (Destin Wings). El acuerdo resuelve la determinación del Departamento que Destin Wings vulneró la Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar a una persona no ciudadana de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.
«Mientras que los empleadores tienen la obligación legal de verificar el permiso para trabajar en los Estados Unidos de cada persona recién contratada, no pueden discriminar durante el proceso con base en el estatus de ciudadanía o la nacionalidad de origen del empleado», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles seguirá combatiendo con firmeza la discriminación ilícita en el empleo y quitará los obstáculos innecesarios al trabajo».
La investigación del Departamento comenzó cuando una trabajadora no ciudadana de los EE. UU. se quejó que Destin Wings se había negado a aceptar su documentación válida que demostraba su permiso para trabajar y solicitó documentación adicional innecesaria. Aunque tenía permiso para trabajar en los Estados Unidos, no pudo obtener uno de los documentos que Destin Wings requería debido a su estatus de ciudadanía. La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos o más documentos de los que sean necesarios por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. Los empleadores deben permitir que sus trabajadores presenten cualquier documentación aceptable que dichos trabajadores quieran y no pueden rechazar documentación válida que parece ser genuina.
El acuerdo requiere que Destin Wings pague una sanción civil a los Estados Unidos, efectúe pagos retroactivos a la trabajadora que se había quejado al Departamento, capacite su personal en cuanto a la disposición antidiscriminatoria de la INA y que se someta a la supervisión del Departamento durante un período de tres años.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación con base en el estatus de ciudadanía y la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, las prácticas documentales injustas, las represalias y la intimidación.
Hay información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso para trabajar. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre las protecciones que ofrece la INA contra la discriminación en el empleo al amparo de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea gratuito; envíe en correo electrónico a IER@usdoj.gov; o visite las páginas web de la IER en inglés y español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Aquellos aspirantes o empleados que creen haber sido sometidos a: discriminación por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; discriminación en el proceso de la verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) con base en su ciudadanía, estatus migratorio o nacionalidad de origen; o represalias pueden presentar una denuncia o llamar a la línea directa de la IER para trabajadores para pedir ayuda.
Texas Man Pleads Guilty to Hate Crime and Arson for Setting Fire to SynagogueRead the Press Release
A Texas man pleaded guilty today to a hate crime and arson in connection with a fire he set at the Congregation Beth Israel synagogue in Austin, Texas, on Oct. 31, 2021.
According to court documents and admissions made during the plea hearing, three days before the arson, on Oct. 28, 2021, Franklin Sechriest of San Marcos, Texas, drove to the synagogue’s parking lot outside its sanctuary. According to journals recovered from Sechriest, he went there to “scout out a target.” Sechriest admitted that he targeted the synagogue because of his hatred of Jews, and his journals were replete with virulent antisemitic statements and views. Sechriest also possessed several decals and stickers expressing antisemitic messages.
The night of the arson, Sechriest drove to the synagogue and was seen on surveillance video carrying a five-gallon container and toilet paper toward the synagogue’s sanctuary. Moments later, multiple surveillance videos captured the glow of a fire from the direction of the sanctuary. A security camera captured Sechriest jogging away from the direction of the fire and toward the open driver’s side door of a vehicle. A concerned citizen reported the fire, and the Austin Fire Department responded quickly to extinguish it. In Sechriest’s journal, in an entry dated Oct. 31, 2021, he wrote “I set a synagogue on fire.” In the days following the arson, Sechriest’s journal noted that he was actively monitoring media reports to track the progress of the investigation into the arson.
“Antisemitism has no place in our society, and hate-fueled violence will not be tolerated,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By targeting a house of worship, the defendant attempted to intimidate and disrupt the Jewish community. The Department of Justice is committed to aggressively prosecuting antisemitic violence and will continue to hold accountable the people responsible for these deplorable incidents.”
“These hate-filled crimes not only caused damage to a Jewish place of worship, but they were intended to intimidate and undermine the well-being of the entire Jewish community,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Antisemitic violence and violence against any person or group on account of their religion will not be tolerated. My office will remain vigilant in bringing to justice criminals who engage in hate crimes.”
“One of the FBI’s highest priorities is to protect the civil rights of all Americans,” said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Field Office. “Hate crimes such as this one devastate and terrorize communities. The FBI remains steadfast and committed to working with our partners to prevent violent incidents like this one, which was motivated by bias and hate. We also urge the public to report any suspected hate crimes to the FBI and local law enforcement.”
The sentencing is set for June 23. Sechriest faces a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant Attorney General Clarke, U.S. Attorney Esparza and Special Agent in Charge Oliver made the announcement.
The FBI and Austin Fire Department investigated the case.
Assistant U.S. Attorney Matthew Devlin for the Western District of Texas and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.
Statement from Attorney General Merrick B. GarlandRead the Press Release
The Justice Department tonight issued the following statement from Attorney General Merrick B. Garland following the district court decisions in Alliance for Hippocratic Medicine v. FDA and Washington et al. v. FDA:
“The Justice Department strongly disagrees with the decision of the District Court for the Northern District of Texas in Alliance for Hippocratic Medicine v. FDA and will be appealing the court’s decision and seeking a stay pending appeal. Today’s decision overturns the FDA’s expert judgment, rendered over two decades ago, that mifepristone is safe and effective. The Department will continue to defend the FDA’s decision.
Separately, the Justice Department is reviewing the decision of the District Court for the Eastern District of Washington in Washington et al. v. FDA.
The Department is committed to protecting Americans’ access to legal reproductive care.”
North Carolina Pharmacy Agrees to Resolve False Claims Act AllegationsRead the Press Release
MedCare Clinic & Pharmacy, LLC (MedCare), located in Indian Trail, North Carolina, has agreed to pay $213,677 to resolve allegations that it violated the False Claims Act by knowingly billing federal health care programs for medications that were never dispensed.
The United States alleged that, from Jan. 1, 2016, through Dec. 31, 2019, MedCare billed both Medicare Part D and North Carolina Medicaid for 200 prescription medications that MedCare never distributed to beneficiaries. According to the government’s allegations, inventory records showed that MedCare did not buy enough of these medications to fill all of the prescriptions billed to these health care programs.
“Pharmacies may bill only for medications that they actually sell,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Our office will continue to pursue entities that knowingly and unjustly enrich themselves at the taxpayers’ expense.”
“When pharmacies bill government programs for prescriptions that are not disbursed to patients, taxpayer dollars are wasted and finite resources are diverted from beneficiaries in need,” said the U.S. Attorney Dena J. King for the Western District of North Carolina. “Our office will continue to work with our state and federal partners to investigate and hold accountable those who seek to profit from fraud on federal health care programs.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by former MedCare employees Brittanie Henry and Zilphia Adcock. Under those provisions, a private party may file an action on behalf of the United States and receive a portion of any recovery. Henry and Adcock will receive $53,419.43 as their share of the settlement. The qui tam case is captioned U.S. ex rel. Henry v. Pharmacy Holdings, et al., No. 3:20-cv-61 (W.D.N.C.).
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 Western District of North Carolina, with assistance from the Medicaid Investigations Division of the North Carolina Attorney General’s Office, and the Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care 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 the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
Senior Trial Counsel Jennifer Cihon of the Civil Division, Assistant U.S. Attorney Caroline McLean and Investigator Cathleen Hollowell for the Western District of North Carolina investigated the case.
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Los Angeles Businessman, Utah Fuel Plant Operators and Employees Sentenced to Prison for Billion-Dollar Biofuel Tax Fraud SchemeRead the Press Release
Five individuals were sentenced this week to prison for their roles in a $1 billion biofuel tax conspiracy: Lev Aslan Dermen, aka Levon Termendzhyan, 56, was sentenced to 40 years; Jacob Kingston, 46, was sentenced to 18 years; Isaiah Kingston, 42, was sentenced to 12 years; Rachel Kingston, 67, was sentenced to seven years; and Sally Kingston, 45, was sentenced to six years.
According to court documents and testimony from Dermen’s 2020 trial, from 2010 to 2018, Dermen conspired with Jacob and Isaiah Kingston, their mother, Rachel Kingston, Jacob Kingston’s wife, Sally Kingston, and others, to fraudulently claim more than $1 billion in refundable renewable fuel tax credits. The IRS ultimately paid out more than $511 million in credits to Washakie Renewable Energy (“Washakie”), a Utah biodiesel company owned by Jacob and Isaiah Kingston. The Kingstons distributed the fraud proceeds among themselves and Dermen.
Dermen was found guilty after a seven-week jury trial of conspiracy to commit mail fraud, conspiracy to commit money laundering and money laundering. In addition to the prison sentence, U.S. District Judge Jill N. Parrish ordered Dermen to pay $442,615,520 in restitution to the IRS and imposed a money judgment of more than $181 million against him.
Jacob Kingston was ordered to pay $511 million in restitution to the IRS. The court also imposed a $338 million money judgment against him. Jacob Kingston was co-owner and CEO of Washakie. In July 2019, he pleaded guilty to conspiracy to commit mail fraud, filing false claims with the IRS, money laundering and conspiracy to commit the same, obstruction by concealing and destroying records and conspiracy to commit the same and witness tampering.
Isaiah Kingston was also ordered to pay $511 million in restitution to the IRS. Isaiah Kingston, Jacob Kingston’s brother, was co-owner and CFO of Washakie. In July 2019, he pleaded guilty to conspiracy to commit mail fraud, aiding and assisting in the filing of false partnership tax returns, money laundering and conspiracy to commit the same and obstruction by concealing and destroying records and conspiracy to commit the same.
Jacob and Isaiah Kingston both testified at Dermen’s trial in 2020.
Rachel Kingston was the “special projects manager” at Washakie and participated in the scheme by backdating documents and creating fake invoices to support the filing of the false claims. In July 2019, she pleaded guilty to conspiracy to commit mail fraud, money laundering and conspiracy to commit the same and obstruction by concealing and destroying records.
Sally Kingston also worked at Washakie and participated in the scheme by similarly backdating documents and creating fake invoices to support the filing of the false claims. In July 2019, she pleaded guilty to conspiracy to commit mail fraud and conspiracy to commit money laundering.
The conspiracy began in 2010 and continued through 2018 and involved multiple fraudulent schemes. One involved purchasing biodiesel from the East Coast of the United States (which had been produced by others who had already claimed the renewable fuel tax credit) and exporting it to foreign countries, including Panama, then doctoring transport documents to disguise and import the biodiesel as “feedstock.” Washakie used this false paperwork to claim it had produced biodiesel from the feedstock to support its filing of fraudulent claims for IRS biofuel tax credits. Washakie also fraudulently obtained millions of EPA renewable identification numbers that were then sold for approximately $65 million. Later, Dermen and the Kingstons conspired to purchase millions of gallons of biodiesel and rotate it though the U.S. shipping system to create the appearance that qualifying fuel was being produced and sold by Washakie. Washakie applied for and was paid by the IRS over $300 million for its claimed 2013 production and over $164 million for its claimed 2014 production. Evidence at Dermen’s trial showed that, to further create the appearance of legitimate business transactions, Dermen and the Kingstons schemed to cycle their and other co-conspirators’ fraud proceeds in more than $3 billion in financial transactions through multiple bank accounts.
Throughout the scheme, Dermen falsely assured Jacob Kingston that Kingston and his family would be protected by Dermen’s “umbrella” of corrupt law enforcement and immune from criminal prosecution. In exchange, Jacob and Isaiah Kingston transferred over $134 million in fraudulent proceeds to companies in Turkey and Luxembourg that were subsequently laundered internationally and through the U.S. financial system.
Money from the fraudulent claims were distributed to Dermen and the Kingstons and used to make lavish purchases in the United States, Turkey, and Belize. Dermen’s associates in Turkey bought and rebuilt a 150-foot yacht named “Queen Anne.” The Queen Anne was seized by the government in Beirut, Lebanon in 2021, and then sold in Cyprus for $10.1 million. Dermen also caused Jacob Kingston to send more than $700,000 on behalf of Dermen to purchase land in Belize for a planned casino, for which the government is seeking forfeiture. The government is also seeking the forfeiture of other assets in Turkey related to the fraud proceeds sent there. Jacob and Isaiah Kingston sent more than $21 million in fraud proceeds to SBK Holdings USA, Inc., Dermen’s California-based company. Jacob Kingston used $1.8 million of the fraud proceeds to buy a 2010 Bugatti Veyron for Dermen as a “gift,” and Dermen gifted a chrome Lamborghini and a gold Ferrari to Jacob Kingston. Dermen and Jacob Kingston also laundered $3 million through Dermen’s company, NOIL Energy Group, to purchase a mansion in Sandy, Utah for Jacob and Sally Kingston.
The Kingston defendants sent over $35 million of their share of the fraud proceeds to their extended family and companies they owned.
Dermen also laundered $3.5 million through SBK Holdings USA, Inc., to purchase a mansion in Huntington Beach, California. The government now seeks forfeiture of this residence as well as a couple dozen other parcels of real property that were purchased with the Kingstons’ share of the proceeds.
“The significant sentences imposed by the court reflect the breathtaking scope of the defendants’ nearly decade-long tax fraud scheme – one of the largest ever,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Dermen and members of the Kingston family cost law-abiding taxpayers more than $500 million and attempted to steal double that. They also sought to cover their tracks by cycling billions-of-dollars in transactions through the banking system and using fuel purchases and oil tankers to give the illusion their plant was actually producing and selling biodiesel fuel eligible for IRS credits. Tax Division prosecutors and IRS-CI Special Agents not only unraveled this scheme – they uncovered, traced and recovered millions in proceeds secreted in Turkey, the United States and elsewhere.”
“The U.S. Attorney’s Office for the District of Utah thanks the Justice Department’s Tax Division and IRS investigators for their tireless efforts into shutting down this large-scale scheme,” said U.S. Attorney Trina A. Higgins for the District of Utah. “However, the work in this case is not over. Going forward, our office and the Tax Division will continue to work together to seek forfeiture of assets connected to this massive fraud scheme to recoup the losses it caused to the United States.”
IRS-Criminal Investigation, the Environmental Protection Agency-Criminal Investigation Division (EPA-CID), and the Defense Criminal Investigative Service (DCIS) of the Department of Defense Office of the Inspector General investigated the case.
“Today brings to a close the final step in the prosecution of these five defendants,” said Special Agent in Charge Albert Childress of the IRS Phoenix Field Office. “This case has been one of unprecedented fraud against the United States and its citizens and is one of the most egregious examples of tax fraud in U.S. history. These defendants not only participated in a scheme to steal over $500 million from the United States, but also went to great lengths to launder and hide their fraud proceeds. In addition, certain of the defendants even tried to conceal their fraudulent conduct by way of attempted witness threats and intimidation. After the last of the sentencings today, the government has made a statement that there will be severe consequences for fraud. Despite your efforts to launder your money, or any attempts to cover your crimes, there is always a trail which our financial investigators can follow, and justice will be done.”
“The defendants sought to illegally and fraudulently profit from a program that was designed to help reduce greenhouse gas emissions,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “This case sends a clear message that EPA and our law enforcement partners will aggressively prosecute these crimes and violators will pay a heavy price.”
Acting Deputy Assistant Attorney General Goldberg also thanked the Justice Department’s Office of International Affairs, as well as law enforcement partners in the Grand Duchy of Luxembourg, Austria, Belize, Ireland, Lebanon and Cyprus for their assistance in the case.
Senior Litigation Counsel John E. Sullivan and Trial Attorney Richard M. Rolwing of the Justice Department’s Tax Division, along with Assistant U.S. Attorney Leslie Goemaat for the District of Columbia, formerly of the Tax Division, prosecuted the case. Senior Policy Advisor Darrin L. McCullough of the Justice Department’s Money Laundering and Asset Recovery Section assisted with the extensive forfeiture proceedings related to the prosecution. Several Assistant U.S. Attorneys for the District of Utah assisted in the forfeiture proceedings.
Justice Department and FTC Obtain Settlement to Stop Deceptive Marketing Practices Involving the Sale of Funeral Goods and ServicesRead the Press Release
The Justice Department, together with the Federal Trade Commission (FTC), today announced that the U.S. District Court for the Southern District of Florida entered an order that requires Legacy Cremation Services, LLC, Funeral & Cremation Group of North America, LLC, and Anthony Joseph Damiano to pay $275,000 in civil penalties and to be subject to injunctive relief requiring them to comply with the FTC Act and the FTC’s Trade Regulation Rule Concerning Funeral Industry Practices (Funeral Rule). The FTC Act prohibits unfair and deceptive conduct and false advertising. The Funeral Rule prohibits providing consumers with inaccurate price information and requires certain disclosures to consumers regarding pricing for funeral-related goods.
The stipulated order settles the government’s allegations that Legacy Cremation Services, LLC, Funeral & Cremation Group of North America, LLC, and Anthony Joseph Damiano violated the FTC Act and Funeral Rule. The government’s complaint alleges that defendants serve as brokers between consumers and third-party funeral and cremation providers that offer funeral services, and that defendants have misled consumers about the locations where funeral services will be provided, as well as the ultimate costs of such services. The complaint also alleges that when consumers objected to these pricing practices, defendants refused to provide consumers with the remains of their loved ones until they paid. Under the settlement reached by the parties, defendants agreed not to engage in these practices. They also specifically agreed to clearly and conspicuously include on their websites the actual physical locations of the service providers and a link to their general price lists. Before accepting payment from any consumer, defendants agreed to provide an itemized, written statement of all prices and the total cost of services. defendants also agreed that their obligation to provide accurate information about their offerings and prices extends to consumers who inquire by telephone or electronic means.
“The Department of Justice is committed to protecting consumers from deceptive sales practices — particularly when consumers are in vulnerable circumstances, such as when a loved one passes” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division. “This resolution serves as a warning that the Department of Justice will not permit companies and individuals to profit from consumers’ grief by engaging in unlawful and deceptive marketing practices when offering funeral arrangements.”
“Lying to consumers about critical information including price and location of services when they are dealing with the loss of a loved one is outrageous and illegal,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Our actions in this case show the FTC’s commitment to enforcing the Funeral Rule to protect consumers and honest funeral homes.”
Trial Attorneys Wandaly Fernández García and Katherine Ho and Assistant Director Lisa K. Hsiao of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney James A. Weinkle for the Southern District of Florida handled the matter. Rebecca Plett and Thomas Harris represent the FTC.
Justice Department Resolves Suit Against Virginia Beach Towing Company for Illegally Auctioning Off Servicemembers’ VehiclesRead the Press Release
The Justice Department has entered into a consent order requiring Steve’s Towing Inc. in Virginia Beach, Virginia, to pay $90,000 to settle a complaint alleging that the company violated the Servicemembers Civil Relief Act (SCRA). The complaint, which was filed on April 15, 2022, alleges that Steve’s Towing failed to obtain court orders before auctioning off vehicles belonging to at least seven SCRA-protected servicemembers, including two vehicles belonging to a member of a Navy SEAL team who was deployed overseas. The complaint further alleges that the company engaged in a pattern or practice of violating the SCRA and had no policies, practices, or procedures in place to ensure SCRA compliance. Under the SCRA, a towing company must determine whether a vehicle in its possession belongs to a servicemember; if so, the towing company must obtain a court order prior to selling the vehicle.
“This case began with a member of a Navy SEAL team who returned home from an overseas deployment, only to find that a towing company had auctioned off two vehicles that he had parked at a military base,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution will compensate all of the servicemembers whose vehicles were illegally taken from them while they were serving their country.”
“Servicemembers often rely heavily on their personal vehicles to commute to work and care for their families. A servicemember’s loss of a vehicle, therefore, can affect the military’s readiness,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “EDVA is dedicated to holding accountable businesses who do not uphold the right of servicemembers under the SCRA.”
The department launched its investigation after a Navy legal assistance attorney reported that Steve’s Towing Inc. had sold two vehicles belonging to a deployed Navy SEAL without first obtaining court orders. One of the vehicles was a unique Toyota Land Cruiser. Stored inside the SEAL Team member’s Land Cruiser was evidence of his military service in the form of a duffel bag of military uniforms and a Naval Special Warfare Development Group Sniper challenge coin.
Under the proposed consent order, which still must be approved by the court, Steve’s Towing will pay $67,500 to the seven SCRA-protected servicemembers referenced in the United States’ complaint, up to $12,500 to compensate additional SCRA-protected servicemembers whose vehicles Steve’s Towing may have sold without first obtaining court orders and a $10,000 civil penalty. Steve’s Towing will also be required to provide SCRA training to its employees and to develop new policies and procedures consistent with the SCRA.
Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at https://legalassistance.law.af.mil/. The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section, together with U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. Additional information on the Justice Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.
Justice Department Files Complaint Against Manufacturer Alleging Delay in Reporting Dangerous Awning CoversRead the Press Release
The Justice Department and the Consumer Product Safety Commission (CPSC) jointly announced today the filing of a complaint against SunSetter Products LP (SunSetter), alleging that the company delayed reporting a hazardous defect involving protective vinyl covers for its retractable awnings.
SunSetter is a limited partnership based in Malden, Massachusetts, that manufactures motorized, retractable awnings for outdoor use. The complaint, filed in U.S. District Court for the District of Massachusetts, alleges that SunSetter knowingly failed to immediately report to the CPSC that when bungee tie-downs securing its protective awning covers were removed, the retractable awnings could spring open unexpectedly with enough force to strike consumers and cause them to fall and suffer death or serious injury. The complaint alleges that between 2012 and 2017, SunSetter received 14 reports of its motorized awnings springing open, which resulted in several injuries and one death. Despite notice of these incidents, the company did not report the problems with its awning covers to the CPSC until October 2017.
According to the complaint, the protective covers at issue were sold separately or given away as a promotional item with the company’s motorized awnings between June 1999 and January 2019. The covers were recalled in August 2019.
“Companies must report safety issues in consumer products immediately, as the law requires, to prevent unnecessary injury or death,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with the CPSC to hold accountable manufacturers that put profits over the safety of consumers.”
“Prompt reporting of potentially dangerous defects in or problems with products is vital to impactful and immediate consumer protection. CPSC cannot do its job without strict compliance by industry. The defect in this matter, as alleged, can cause serious injury up to and including death,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “Manufacturers must be held accountable for failing to comply with this important obligation which jeopardizes the safety of consumers.”
“SunSetter knew for years that its product was hazardous, yet failed to tell CPSC as required by federal law,” said Chair Alex Hoehn-Saric of the CPSC. “It took a tragic death and numerous other injuries before they finally took action – which is unacceptable. When a company continues to sell dangerous products – knowing they can cause injuries and death – it must be held accountable.”
The Consumer Product Safety Act requires manufacturers, distributors, and retailers of consumer products to report “immediately” to the CPSC information that reasonably supports the conclusion that a product contains a defect which could create a substantial product hazard or creates an unreasonable risk of serious injury or death.
This matter is being handled by Senior Litigation Counsels Christina Parascandola and Claude Scott and Trial Attorney Nicole Frazer of the Justice Department’s Civil Division, Consumer Protection Branch and Assistant U.S. Attorney Erin Brizius for the District of Massachusetts, with the assistance of Harriet Kerwin and Renee H. McCune of the CPSC’s Office of the General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government would be required to prove by a preponderance of the evidence.
Former Federal Correctional Officer Indicted for Sexual Abuse of an InmateRead the Press Release
A federal grand jury returned an indictment charging a former federal correctional officer with one count of sexual abuse of an individual in federal custody.
The indictment alleges that, between October 2021 and August 2022, Lenton Jerome Hatten, 54, of Tallahassee, Florida, engaged in sexual acts with an inmate while employed as a sports specialist for the Bureau of Prisons.
Hatten made his initial appearance in federal court this afternoon.
Trial for Hatten is set for June 5 at 8:15 a.m., at the U.S. Courthouse in Tallahassee before the Honorable Senior U.S. District Judge Robert L. Hinkle.
If convicted, Hatten faces a maximum sentence of 15 years in federal prison, five years to life on supervised release, and a maximum $250,000 fine.
U.S. Attorney Jason R. Coody for the Northern District of Florida made the announcement.
The FBI and the Justice Department’s Office of the Inspector General investigated the case.
Assistant U.S. Attorney James A. McCain for the Northern District of Florida is prosecuting this case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Readout of Assistant Attorney General Kristen Clarke’s Trip to MemphisRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Memphis, Tennessee, on April 3 and 4 to continue the Civil Rights Division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
On Monday, Assistant Attorney General Clarke participated in a fireside chat with the Student Bar Association at the University of Memphis Law School. She discussed the Civil Rights Division’s efforts enforce federal civil and criminal civil rights laws and encouraged law students to consider careers in government service.
In the evening, Assistant Attorney General Clarke participated in a community conversation hosted by the Benjamin L. Hooks Institute for Social Change at the University of Memphis. Attendees included faith, community and student leaders, and local residents. She discussed the department’s recent efforts to address modern day redlining in Memphis, implement policing reform, and protect people from housing discrimination. She thanked attendees for their steadfast commitment to civil rights and pushing for change in their community.
On Tuesday, she participated in a fireside chat for several hundred 11th and 12th grade students at the Whitehaven High School in the Memphis-Shelby County School District. She discussed her journey as a civil rights attorney, encouraged the students to pursue careers in public service and addressed questions concerning the civil rights challenges facing young people today.
That afternoon, she visited the U.S. Attorney’s Office for the Western District of Tennessee where she met with U.S. Attorney Kevin Ritz, his leadership team and the attorneys and professional staff of the office. She thanked all staff members for their dedicated service and partnership in protecting civil rights.
During her trip, Assistant Attorney General Clarke also had several meetings with local Memphis officials, including State Representative G.A. Hardaway, Mayor Jim Strickland, Memphis Police Chief C.J. Davis and Shelby County District Attorney Steve Mulroy. In those discussions, she reinforced the Justice Department’s commitment to working with our local partners on civil rights issues.
To close her trip, Assistant Attorney General Clarke delivered remarks at the National Civil Rights Museum’s program commemorating the 55th Anniversary of the assassination of Dr. Martin Luther King, Jr. The museum is located at the former Lorraine Motel, the location where Dr. King was assassinated on April 4, 1968. The event was attended by several civil rights leaders, including Rev. Dr. Otis Moss III, community leaders and elected officials from across the country. Read her full remarks here.
In the upcoming weeks, Assistant Attorney General Clarke will travel to Arkansas, Mississippi and South Carolina to continue meeting with stakeholders in underserved communities.
Photo Credit: Hooks Institute Assistant Attorney General Clarke (middle) with U.S. Attorney Kevin Ritz (left) and Hooks Institute Executive Director Daphene McFerren (right). Assistant Attorney General Clarke speaking at the National Civil Rights Museum. Assistant Attorney General Clarke (front middle) with U.S. Attorney Kevin Ritz (front left) and staff from the U.S. Attorney’s Office for the Western District of Tennessee.National Police Agency of Japan visits INTERPOL WashingtonRead the Press Release
WASHINGTON - Yesterday, a delegation from the National Police Agency (NPA) of Japan met with INTERPOL Washington Director Michael A. Hughes to expand partnership opportunities between the two law enforcement agencies.
“This historic visit is a reflection of the strength of our relationship with our Japanese counterparts," said Dir. Hughes. "By working together, we can leverage our collective expertise, resources, and networks to better identify, prevent, and respond to global threats. We look forward to continuing our work together to protect our communities and prevent crime, anywhere it may occur."
During the meeting, the delegation from Japan and Dir. Hughes discussed issues of mutual interest, including collaborative strategies against transnational organized crime and cybercrime. They also explored ways to strengthen information sharing and global law enforcement cooperation.
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, tribal, and territorial law enforcement agencies.