District Not Recorded

A former prisoner transport officer was sentenced today to 24 months in federal prison, followed by one year of supervised release, for violating the civil rights of pretrial detainees entrusted to his care.

On Sept. 28, 2022, a federal jury convicted Anthony Buntyn, 55, a former prisoner transport officer, of violating the civil rights of pretrial detainees in his custody. Specifically, the jury convicted Buntyn of being deliberately indifferent to conditions on the prisoner transport van that posed a risk of serious harm to the health and safety of the detainees entrusted to his care. The jury further found that Buntyn’s deliberate indifference to the conditions on the prisoner transport van resulted in bodily injury to one of the pretrial detainees who had been on the van for several days.

According to court documents and the evidence introduced at trial, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was the supervising officer on a March 2017 PTS transport that stopped in New Mexico during a cross-country trip. Evidence at trial established that Buntyn knowingly created, and otherwise subjected the detainees to, dangerous, painful and unhealthy conditions on the prisoner transport van. Specifically, evidence at trial showed that Buntyn would retaliate against detainees who complained of transport conditions by handcuffing the detainees behind their backs and forcing them to remain for hours in a small segregation cage inside the van, depriving detainees of meals and access to water while they remained in the cage, cranking up the heat in the already-hot van in retaliation for detainees complaining that, as they passed through the southwestern desert, they were in danger of overheating, and failing to provide the detainees with required restroom breaks until the detainees were left with no choice but to urinate in empty bottles or on the floor.

“Prisoner transport officers, even when they are employed by private companies, must abide by the laws and protect the constitutional rights of the people in their custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department will continue to vigorously enforce our nation’s laws to ensure that officers who break the law — including those who are driving the nation’s backroads in prisoner transport vans and may therefore wrongly believe they can act with impunity — are held accountable.”

“Detainees are entitled to basic human dignity,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Those who are responsible for their detention, from transport personnel to law enforcement and corrections officers, have the same duty to protect the rights and safety of their charges. Any abuse of detainees or failure to provide basic necessities is a violation of that trust and a violation of the law, and it will be roundly prosecuted.”

“During the cross-county transport of these individuals, a stop was made by the PTS at the Shawnee County Detention Center in Topeka, Kansas. If not for the Detention Center notifying the FBI of the detainees’ condition upon arrival, the FBI may have never known or been able to seek justice for these victims. Buntyn’s actions disparage the very core of what he was employed to do – protect these individuals while in his custody,” said Special Agent in Charge Charles Dayoub of the Kansas City Field Office. “He knowingly disregarded the detainees’ basic civil rights, putting these individuals in harm’s way. Today’s sentencing demonstrates the FBI’s unique ability to conduct a successful nationwide investigation alongside our law enforcement partners.”

Buntyn was acquitted of a use of force and an obstruction of justice charge.

Assistant Attorney General Clarke, U.S. Attorney Uballez and Special Agent in Charge Dayoub made the announcement.

This FBI Kansas City Field Office investigated the case.

Assistant U.S. Attorney Kimberly A. Brawley for the District of New Mexico and Trial Attorney Laura Gilson of the Civil Rights Division’s Criminal Division, with assistance from Special Litigation Counsel Samantha Trepel, prosecuted the case.

A five-count federal indictment was unsealed charging two South Carolina men with hate crime and obstruction offenses.

The indictment charges Daqua Ritter, 26, with a hate crime for the murder of a transgender woman because of her gender identity; using a firearm in connection with the hate crime; and obstruction of justice. The indictment also charges Xavier Pinckney, 24, with two obstruction offenses for providing false and misleading statements to authorities investigating the murder of the victim, Dime Doe.

The indictment alleges that on Aug. 4, 2019, Ritter shot Dime Doe, a transgender woman, because of Dime Doe’s actual and perceived gender identity. The indictment further charges Ritter with misleading state investigators about his whereabouts the day of the murder. The indictment also alleges that Pinckney concealed from state investigators the use of his phone to call and text Dime Doe the day of the murder and lied to state and federal investigators about seeing Ritter after the morning of the murder.

The hate crime count against Ritter carries a maximum penalty of life imprisonment. The counts charging Ritter and Pinckney with obstruction of justice carry a maximum penalty of 20 years of imprisonment. The count charging Pinckney with lying to federal investigators carries a maximum penalty of five years of imprisonment.

The FBI’s Columbia Field Office investigated the case, with the assistance of South Carolina Law Enforcement Division (SLED).

Assistant U.S. Attorneys Brook Andrews, Ben Garner and Elle Klein for the District of South Carolina and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.

An indictment is merely an accusation. Each defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The Justice Department today commemorates National Human Trafficking Prevention Month and renews its commitment to investigating and prosecuting human traffickers, protecting victims, and preventing human trafficking from happening in the first place. We do this work in collaboration with our interagency partners and external stakeholders.

“As the Justice Department’s National Strategy to Combat Human Trafficking recognizes, an effective response to human trafficking requires collaboration across government and beyond. Most important, it requires listening to victims and survivors and incorporating their perspectives into everything we do,” said Attorney General Merrick B. Garland. “As we commemorate National Human Trafficking Prevention Month, the Department of Justice reaffirms our commitment to ensuring the safety and wellbeing of survivors, and to empowering them to help bring their traffickers to justice. The Justice Department will continue to work relentlessly to prevent human trafficking crimes, prosecute perpetrators of these crimes, and provide protection and trauma-informed assistance to victims and survivors.”

The Justice Department’s National Strategy to Combat Human Trafficking, announced last year by Attorney General Garland, laid out the Department’s multi-year strategy to combat all forms of human trafficking. Over the past 12 months, the Department has taken significant actions to implement the National Strategy. These actions include:

• Launching an interagency Forced Labor Initiative to enhance the detection, investigation, and prosecution of federal criminal forced labor violations. The Human Trafficking Prosecution Unit (HTPU) convened an interagency steering committee of subject matter experts from the FBI, Executive Office for U.S. Attorneys (EOUSA), and the Departments of Labor and Homeland Security to conduct threat assessments and to screen for possible forced labor indicators. The steering committee identifies jurisdictions with elevated forced labor threats, prioritizes among actionable leads, and imparts specialized expertise and strategic guidance to the U.S. Attorney’s Office and other law enforcement and non-governmental partners in each relevant jurisdiction.

• Establishing a departmental working group to review current policies, procedures, practices, and trainings to ensure that the Department is avoiding inappropriate immigration consequences and inappropriate arrest and punishment of victims of human trafficking.

• Convening a Working Group of Victim Assistance specialists from 17 components throughout the Department that meet regularly to exchange expertise in stabilizing and supporting vulnerable victims of human trafficking at all stages of the criminal justice process and to enhance the dissemination of victim-centered, trauma-informed best practices in victim-witness assistance to anti-trafficking partners nationwide.

• Partnering with over 200 federal, state, and local agencies to locate and assist victims of human trafficking, particularly child victims, as part of Operation Cross Country XII (OCC XII). The FBI’s Victim Services Division (VSD) coordinated the national victim assistance response for OCC XII, which included training on the importance of using a victim-centered, trauma-informed approach and ensuring the unique needs of each identified victim were addressed throughout the operation. VSD personnel, in collaboration with local non-government organizations (NGOs), child protective services, medical organizations, and other community, state, and national groups, provided more than 850 services to more than 220 identified minor and adult victims of human trafficking. These services included crisis intervention, needs assessments, child and adult protective services notification, mental health/safety planning, and referrals to human trafficking NGOs and service providers.

• Developing a comprehensive training on human trafficking and gender-based violence to train Bureau of Prisons staff on how to identify and respond to potential indicators of human trafficking among detained people.

• Strengthening coordination among departmental anti-trafficking subject matter experts, such as those in HTPU, the Child Exploitation and Obscenity Section, U.S. Attorneys’ Offices (USAOs), and the Office for Victims of Crime (OVC), to identify challenges and improve District-level anti-trafficking efforts.

• Enhancing the response to human trafficking in Indian Country through increased cooperation with Tribal, federal, state, and local partners. For example, EOUSA, in partnership with the National Indian Country Training Initiative, published a memorandum reaffirming its commitment to ensuring USAOs receive training and support to effectively combat human trafficking and address challenges specific to Indian country. In addition, the Department’s Office on Violence Against Women provided funding for the Sovereign Responses to Sex Trafficking in Indian Country and Alaska national conference held this month in New Orleans. The conference brought together Tribal leadership, federal partners, and experts in the anti-trafficking field, including experts on domestic violence, dating violence, sexual assault, stalking, Missing or Murdered Indigenous People, and sex trafficking, in Tribal communities to better address the safety of children, women, and men. 

• Funding an almost $1 million award from OVC to support a survivor-led team to assist OVC anti-trafficking grantees and their partners in intentional and sustainable engagement with survivors to improve anti-trafficking programming.

• Funding a $979,022 award from the National Institute of Justice to the National Opinion Research Center to conduct a rigorous 48-month multisite process and outcome evaluation of the Enhanced Collaborative Model Task Force to Combat Human Trafficking Program, which aims to develop, expand, or strengthen a multidisciplinary approach to fight human trafficking.

• Developing legislative proposals to amend existing statutes to combat human trafficking, assist victims, and increase prosecution of perpetrators. These proposals would significantly strengthen procedures for collecting mandatory restitution, criminalize fraudulent labor recruitment practices, and enable consistency in enforcement.

Anyone who has information about a potential human trafficking situation or who thinks they or someone they know may be a victim of human trafficking who needs help should contact the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

A former Jacksonville company CEO was sentenced yesterday to 32 months in prison for willfully attempting to evade the assessment of his federal income taxes.

According to court documents and statements made in court, in 2015 and 2016, Jason Cory, 49, of Jacksonville, was a manager at a New York-based IT services company and from 2017 through 2019, he was the CEO of a different IT services company based in Jacksonville. From 2015 through 2018, Cory used his positions to cause more than $1.5 million to be deposited into the bank accounts of Gambit Matrix LLC, a shell company he controlled. As CEO, Cory caused transfers to Gambit Matrix under the false pretense that they were payments for consulting services that had never been provided.

Cory did not report the income he earned through transfers to Gambit Matrix on his tax return for 2015 and did not file tax returns for the years 2016 through 2018 as required by law. To conceal the fraud scheme from the second company and evade taxes on his income for those years, Cory invented fictitious owners of Gambit Matrix, made false representations to his employer, and falsified emails and IRS Forms W-9 (Request for Taxpayer Identification Number). Cory used the money directed to Gambit Matrix to pay for personal expenses such as credit card bills, rent, and club memberships. In total, Cory evaded more than $600,000 in taxes through his actions.

In addition to the term of imprisonment, U.S. District Court Judge Marcia Morales Howard ordered Cory to serve three years of supervised release and to pay approximately $606,195 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

IRS-Criminal Investigation and the FBI investigated the case.

Trial Attorney Richard J. Hagerman of the Tax Division and Assistant U.S. Attorney David B. Mesrobian for the Middle District of Florida prosecuted the case.

A federal jury convicted two Florida doctors today for their roles in a scheme to defraud Medicare by submitting over $31 million in claims for expensive durable medical equipment (DME) that Medicare beneficiaries did not need and that were procured through the payment of kickbacks.

According to court documents and evidence presented at trial, Dean Zusmer, 54, of Miami, was a chiropractor who conspired with others to steal millions of dollars from Medicare. Zusmer owned one of four DME companies that collectively billed Medicare over $31 million for medically unnecessary DME, of which over $15 million was paid. Zusmer and his co-conspirators, including Jeremy Waxman, acquired patient referrals and signed doctors’ orders by paying kickbacks to marketers who used overseas call centers to solicit patients and telemedicine companies to procure prescriptions for unnecessary braces for these patients. 

Court documents and evidence presented at trial further demonstrated that Lawrence Alexander, M.D., 45, of Miami, was an orthopedic surgeon who owned one of the DME companies with Waxman and concealed both his and Waxman’s roles in the scheme by putting the DME company in the name of one of Alexander’s family members. 

Zusmer was convicted of conspiracy to commit health care fraud, health care fraud, conspiracy to pay illegal health care kickbacks, paying illegal health care kickbacks, and false statements relating to health care matters. He is scheduled to be sentenced on April 20 and faces a maximum penalty of 10 years in prison on each of the following counts: conspiracy to commit health care fraud; health care fraud; and paying illegal health care kickbacks. Zusmer faces a maximum penalty of five years in prison for the following counts: conspiracy to pay illegal health care kickbacks and false statements relating to health care matters.

Alexander was convicted of false statements relating to health care matters. He is scheduled to be sentenced on April 20 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Waxman was previously sentenced to over 15 years in prison for his role in the scheme.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI Criminal Investigative Division; Special Agent in Charge David Walker of the FBI Tampa Field Office; and Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Miami Regional Office made the announcement.

The FBI and HHS-OIG investigated the case.

Trial Attorneys Catherine Wagner, Patrick Queenan, Meredith Hough, Jamie de Boer, and Keith Clouser of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

Today, the Justice Department and U.S. Environmental Protection Agency (EPA) announced a settlement with Logan Square Aluminum Supply Inc., resolving alleged violations of the federal Lead Renovation, Repair and Painting regulations, known as the RRP rule, at renovation projects Logan Square and its contractors performed in Chicago and Chicago suburbs.

Under the court settlement, Logan Square will implement a comprehensive program to ensure that its contractors are certified and trained to use lead-safe work practices to avoid creating lead dust during home renovation activities. Under a parallel administrative settlement agreement, Logan Square will also pay a $400,000 penalty, and perform $2 million of lead-based paint abatement work in lower-income properties located in Chicago and Chicago suburbs in communities with a higher incidence of childhood lead poisoning.

“Companies that renovate homes built before 1978 must ensure that they hire EPA-certified contractors and follow other EPA rules requiring lead safe work practices,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will take aggressive action against companies that do not take these important steps.”

“Lead exposure from lead-based paint continues to be a hazard for American families living in older homes, and children in those homes are particularly vulnerable,” said Larry Starfield, EPA Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance. “This settlement requires Logan Square Aluminum Supply, Inc. to take necessary steps to ensure that it meets appropriate safety requirements in future renovation projects that may disturb lead-based paint.”

Renovation is any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, such as electrical work, plumbing, carpentry and window replacement. Both Logan Square and its contractors are responsible for compliance with the RRP rule to protect the health and safety of families, especially children under the age of six who are most susceptible to lead hazards. For these projects, Logan Square must contract with only EPA-certified firms and renovators, ensure they maintain certification, use lead-safe work practices, and document their work with checklists during renovations.

Logan Square will add a link on its website to EPA’s content on lead-safe work practices. In addition, Logan Square will take action to respond to situations where a contractor is not operating in compliance with the RRP rule; investigate all reports of potential noncompliance; and ensure that any violations are corrected and reported to EPA.

EPA first discovered the alleged violations through customer complaints about a project performed in Evanston, Illinois. EPA learned that Logan Square frequently subcontracted work to uncertified firms and did not use lead-safe work practices, perform required post-renovation cleaning, provide the EPA-required lead-based paint pamphlets to occupants, or establish records of compliance. Logan Square also conducts business under other names, including Climate Guard Thermal Products Co. and Studio 41.

The consent decree was lodged in the U.S. District Court for the Northern District of Illinois. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment. View the consent decree here. 

Further information is available from the National Lead Information Center (800-424-LEAD) and online at www.epa.gov/lead. Available resources include additional information about the RRP program; information for contractors and property managers about program requirements; and downloadable lead-safety education materials.

To report a possible violation of the RRP Rule requirements, please visit EPA’s website.

Four men who assaulted a Black man because of the man’s actual and perceived race at a bar in Lynnwood, Washington, were sentenced today in the U.S. District Court for the Western District of Washington.

Jason DeSimas, 45, Jason Stanley, 46, Randy Smith, 42, and Daniel Dorson, 27, previously each pleaded guilty to one count of committing a hate crime, as well as one count of making false statements to investigators about their role in the assault.

DeSimas was sentenced to 48 months; Stanley was sentenced to 47 months and nine days; Smith was sentenced to 42 months; and Dorson was sentenced to 28 months.

“The defendants subjected a Black man to a brutal and racially-motivated assault,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Racially-motivated hate crimes terrorize entire communities, and they have no place in our society. The Department of Justice will continue to investigate and prosecute individuals who commit these abhorrent crimes.”

“The myth of white supremacy is alive and well and can foment dangerous behavior and violence. These particular defendants are deeply steeped in racial hatred, expressed through their Nazi tattoos, white supremacist symbols on their clothing and their use of racist slurs. They came to our area to honor a man who died leading a racist and violent gang, and thought they could act on their beliefs with impunity,” said U.S. Attorney Nick Brown for the Western District of Washington. “But the victims and witnesses of their brutal assault have proved they are far stronger than these four. And today our justice system is holding them accountable for the damage they did not only to the people they assaulted, but to the community that recoils when presented with their despicable hatred.”

“Imagine being attacked by four men purely because of the color of your skin.” said Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office. “The victim in this case does not have to imagine. Tragically, he lived it. With today’s sentences, my hope is the victim feels some sense of justice has been served. However, until all citizens are safe from threats and violence based on their race, ethnicity, gender or beliefs, the FBI’s work protecting victims of hate will continue.”

In their respective plea agreements, DeSimas, Stanley, Smith and Dorson each admitted that, on Dec. 8, 2018, they entered a bar in Lynnwood, with a large group that included fellow members of Crew 38 and the Hammerskins. Crew 38 is a support group for the Hammerskins, which is a white supremacist organization. The majority of the men in the group were similarly dressed in dark jeans or pants, black boots, black “bomber” jackets and dark-colored t-shirts and had crew-cut hairstyles. Some wore jackets with either Crew 38 patches or other patches aligned with white supremacist beliefs. In addition, many wore shirts with phrases, numbers or logos that expressed white supremacist beliefs and/or memberships, including Crew 38. Many in the group also had visible tattoos, including swastika tattoos, that expressed their views on white race superiority. Members of the group, including defendants Stanley and Smith, repeatedly gave the Nazi salute as they danced.

While in the bar, all four defendants assaulted T.S., a Black man who was serving as the disc jockey at the bar, when T.S. attempted to move defendant Stanley away from his music equipment. All four defendants punched and kicked T.S., even after he fell to the floor, while some in the group called T.S. racial slurs. Two bystanders attempted to intervene to help T.S. and stop the assault. The defendants and other assaulted both bystanders, causing them to sustain injuries. As a result of the defendants’ actions, T.S. suffered serious physical injuries, including extrema pain, loss of consciousness, bleeding and swelling in his eye and bruising on his back, chest and legs.

In their plea agreements, the four defendants each admitted that they were members of Crew 38 and/or prospective members of the Hammerskins, and that they had traveled to the Lynnwood area with others to attend events related to “Martyr’s Day,” an annual gathering honoring a white supremacist who died in a shootout with federal agents on Whidbey Island in the 1980s.

In their plea agreements, defendants DeSimas and Stanley each admitted that they knew that the Hammerskins had used a tactic known as “mutual combat” against members of groups whose beliefs they opposed. Members believed that, using this tactic, they could go to bars frequented by groups whose beliefs they opposed and have one or more members initiate a fight. When the fight began, other members of the group could jump in and assault their perceived antagonists, and later claim a defense of “mutual combat” as a way to avoid accountability.

In addition to the hate crime charge, each defendant pleaded guilty to one count of making false statements to federal agents who were investigating the assault. Specifically, Stanley falsely claimed to the agents that he was not even present in the State of Washington during the weekend of the assault. Stanley made this false claim in order to cover up his participation in the assault of T.S.

DeSimas falsely claimed to the agents that neither he nor anyone else called T.S. a racial slur during the assault, while Smith falsely claimed to the agents that he did not remember anyone calling T.S. a racial slur during the assault. Dorson falsely told agents that he had not traveled to Washington State during the weekend of the assault to attend a white supremacist’s “Martyr’s Day” observance and that he had not owned a jacket associated with a white supremacy hate group prior to the weekend of Dec. 8, 2018. In their respective plea agreements, these defendants each admitted that they made these false statements in order to cover up the motive for the assault, which was the bias that he and others had against T.S.’s race. 

The four defendants were charged in an indictment that was unsealed on Dec. 18, 2020.

Smith was charged in the District of Oregon in an unrelated case for illegal possession of a firearm. That charge was resolved in the Western District of Washington.

The FBI investigated the case, with the support of the Snohomish County Sheriff’s Office. The Smith firearms matter was investigated by the FBI Portland Field Office and the Eugene, Oregon, Police Department.

Trial Attorney Christine M. Siscaretti of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Rebecca Cohen for the Western District of Washington are prosecuting the case. The Smith firearms matter was prosecuted by Assistant U.S. Attorney William McLaren for the District of Oregon.

Katie R. Crews, 29, of Jeffersonville, Indiana, was sentenced to two years of probation, 200 hours of community service and a $5,000 fine for violating an individual’s rights by using excessive force while acting as a police officer for the Louisville Metro Police Department.

In October 2022, Crews admitted during a plea hearing that on or about June 1, 2020, while acting as a police officer with the Louisville Metro Police Department, she shot an individual with a pepperball even though the individual was standing on private property and not posing a threat to the defendant or others. Crews pleaded guilty to one misdemeanor count for using unreasonable force. As part of the plea agreement, Crews is no longer an officer with the Louisville Metro Police Department and has forfeited her Kentucky law enforcement certification.

“This former Louisville police officer abused her authority as a law enforcement officer and violated the victim’s civil rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This sentence makes clear that law enforcement officials are not above the law. The Justice Department will continue to prosecute law enforcement officials who violate our federal civil rights laws and defy the public trust by using excessive force.”

“As in this case, our office will work diligently with our federal and local law enforcement partners to ensure the citizens of the Western District are protected from the use of excessive force by officers sworn to protect them,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky.

Assistant Attorney General Clarke, U.S. Attorney Bennett and Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office made the announcement.

The FBI and the Louisville Metro Police Department’s Public Integrity Unit jointly investigated the case through the Louisville Public Corruption Civil Rights Task Force.

Assistant U.S. Attorney Amanda E. Gregory for the Western District of Kentucky and Civil Rights Trial Attorney Anita Channapati of the Civil Rights Division’s Criminal Section prosecuted the case.

A Michigan doctor was sentenced today to 16.5 years in prison for his role in a health care fraud scheme that resulted in over $250 million in false and fraudulent claims being submitted to Medicare, Medicaid, and other health insurance programs, exploited patients suffering from addiction by administering unnecessary injections, illegally distributed over 6.6 million doses of medically unnecessary opioids, and engaged in money laundering.

“This defendant exploited vulnerable patients struggling with addiction by overprescribing highly dangerous opioid pills and exposing them to unnecessary and sometimes painful injections,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “To make matters worse, the defendant and his co-conspirators submitted over $250 million in false and fraudulent claims to Medicare, Medicaid, and other health insurance programs. As this case demonstrates, the Department of Justice will continue to relentlessly combat health care fraud, particularly where defendants endanger patients by providing addictive substances and billing for needless procedures.”

In September 2021, Francisco Patino, M.D., 68, of Wayne County, was convicted at trial in the Eastern District of Michigan of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to defraud the United States and pay and receive health care kickbacks, conspiracy to commit money laundering, and money laundering.

Patino joins 21 other defendants who were previously sentenced for participating in the same scheme. 

“The defendant in this case preyed upon patients seeking treatment for addiction and pocketed the profits,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners remain dedicated to pursuing those who exploit our healthcare system and the American people.”

According to court documents and evidence at trial, Patino owned multiple medical practices and clinical laboratories in Michigan. Patino played a critical role in developing and implementing a “shots-for-pills” protocol at several pain clinics, whereby patients were required to receive unnecessary back injections in exchange for prescriptions of dangerous and high doses of medically unnecessary and addictive opioids. 

Patino excessively prescribed highly addictive opioids to his patients. In exchange for opioids, these patients would receive – or be billed as if they had received – facet joint or nerve block injections, both lucrative spinal injections.  Although these spinal injections were purportedly intended to treat chronic pain, Patino injected the patients without regard to medical necessity. Evidence also revealed that if patients refused to accept the injections, Patino would withhold their prescriptions for opioids. From January 2012 through July 2017, Patino billed Medicare for more of these injections than any other provider in the country. In 2016 and 2017, Patino prescribed more 30-milligram Oxycodone pills than any other provider in Michigan.

“The significance of this sentence underscores the severity of the conduct by the defendant in this investigation,” said Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “In particular, the administration of unnecessary injections, in exchange for unnecessary opioid prescriptions, places patients at serious risk of harm and exploits some of the most vulnerable people. Our office is committed to working together with our law enforcement partners to identify and investigate medical professionals and others who engage in fraudulent conduct and prey on beneficiaries of Federal health care programs.”

Patino also developed an illegal kickback relationship with at least one diagnostic laboratory, from which he was paid in exchange for referring his patients’ samples to that lab. Patino was aware that his ownership structure and kickbacks violated the law and authored emails acknowledging that such ownership constituted a “violation of the Stark and Anti-Kickback laws,” and attempted to conceal and disguise the ownership structure and scheme in order to keep himself “out of Federal Prison & having all our assets seized.” The evidence showed that Patino laundered the proceeds of the scheme to falsely portray himself as a legitimate doctor through the publication of a diet book and plan described as the “next Atkins,” paid-for appearances on a nationally syndicated television show, and the sponsorship of boxers, cagefighters, and prominent Ultimate Fighting Championship World Champions and Hall of Famers. Patino also spent funds he derived from these various schemes on luxury jewelry, cars, and international vacations. Between the medically unnecessary spinal injections and kickback-induced laboratory testing, Patino was responsible for over $120 million worth of fraudulent bills submitted to insurers for payment.

Additionally, Patino pioneered the shots-for-pills protocol while working with CEO Mashiyat Rashid of the Tri-County Wellness Group of medical providers in Michigan and Ohio. In 2018, Rashid pleaded guilty to conspiracy to commit health care fraud and wire fraud and money laundering and was sentenced to 15 years in prison on March 3, 2021. Others convicted at trial or by guilty plea include 12 other physicians who were trained in Patino’s protocols, along with many non-physician defendants who participated in the conspiracy. 

The five other defendants most recently sentenced for their part in this scheme include:

• Yasser Mozeb, 40, of Hamtramck, Michigan, the office manager of the Tri-County clinics, was sentenced to five years in prison and ordered to pay over $46 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud and one count of conspiracy to defraud the United States and pay and receive illegal kickbacks and bribes.
• Kashif Rasool, 47, of Troy, Michigan, a physician, was sentenced to 32 months in prison and ordered to pay nearly $2 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud.
• Tariq Siddiqi, 45, of Sterling Heights, Michigan, a physical therapist and home health owner, was sentenced to 30 months in prison and ordered to pay over $880,000 in restitution following his guilty plea to one count of health care fraud conspiracy in connection with his payment of illegal kickbacks for the referral of patients from the clinics for medically unnecessary home health services.
• Tasadaq Ali Ahmad, 55, of Canton, Michigan, the owner of a home health agency, was sentenced to 58 months in prison and ordered to pay over $20 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud and one count of conspiracy to defraud the United States and pay and receive kickbacks.
• Stephanie Borgula, 42, of Livonia, Michigan, a licensed physical therapist, was sentenced to 15 months in prison and ordered to pay over $825,000 in restitution following her guilty plea to one count of conspiracy to commit health care fraud.

The FBI and HHS-OIG investigated the cases.

Acting Principal Assistant Deputy Chief Jacob Foster, Trial Attorneys Steven Scott, Kathleen Cooperstein, and Shankar Ramamurthy, as well as former Trial Attorney Thomas Tynan, of the Criminal Division’s Fraud Section prosecuted the cases.

A federal court today entered a consent decree of permanent injunction prohibiting LGM Pharma LLC, a Florida company, from distributing active pharmaceutical ingredients not manufactured, processed, or held in compliance with the Federal Food, Drug, and Cosmetic Act (FDCA).

According to court filings, LGM Pharma LLC is an importer and distributor of active pharmaceutical ingredients (APIs), which the company’s customers use to manufacture and compound finished drug products. In a complaint filed on Jan. 11, the United States alleged that LGM Pharma LLC, its chief executive officer, Prasad Raje, and its senior vice president of quality and regulatory affairs, Shailesh Vengurlekar, introduced into interstate commerce adulterated drugs that were manufactured, processed, packed, or held in conditions that do not comply with current good manufacturing practices (CGMP) as required under the FDCA. The complaint alleged that a 2022 FDA inspection of LGM’s Florida headquarters and a Kentucky facility where the company receives, holds, and distributes API identified significant departures from CGMP that posed a serious and ongoing risk to the public. The complaint further alleged that the problems observed in 2022 were similar to violations previously seen during a 2018 inspection of the Kentucky facility.

The defendants agreed to settle the suit and to be bound by a consent decree of permanent injunction. The consent decree, which resolves the case against all defendants, requires, among other things, that the defendants hire a CGMP expert to review and inspect LGM’s methods and controls used to receive, label, hold, and distribute drugs to determine whether the company’s processes and quality controls conform with CGMP. The consent decree also requires ongoing compliance auditing and reporting to FDA.

“Compliance by pharmaceutical importers and distributors with current good manufacturing practices is essential to ensuring the safety of drug products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that companies importing and distributing drugs and active pharmaceutical ingredients comply with federal law.”

“Protecting patients means we must hold all parts of our drug supply chain to the highest standards of quality allowed by law, including importers and distributors of both finished drug products and active pharmaceutical ingredients,” said Acting Director of the Office of Compliance Jill P. Furman, J.D. of the FDA’s Center for Drug Evaluation and Research. “LGM Pharma LLC’s failures to adhere to CGMP requirements put patients at risk. This consent decree requires the firm to implement and adhere to rigorous quality standards, under close FDA supervision. We will continue to do everything in our power to ensure compliance and address violations of federal law to protect the American public and the safety of the drug products they rely on.”

The government was represented by Trial Attorneys Ann Entwistle and Rachael Doud of the Justice Department’s Consumer Protection Branch, with the assistance of Tracey Allen of the FDA’s Office of Chief 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 resolved by the resolution announced today are allegations only and there has been no determination of liability.

On Jan. 25, Criminal Division Assistant Attorney General Kenneth A. Polite, Jr. met in Washington, D.C. with Colombian Attorney General Francisco Barbosa Delgado.

In the meeting, Assistant Attorney General Polite expressed his deep appreciation for the extraordinary law enforcement partnership between the United States and Colombia and thanked Attorney General Barbosa for his leadership in combating transnational organized crime. 

“The Department of Justice has enjoyed an exceptional relationship with the Colombian Attorney General’s Office and the thousands of men and women that Attorney General Barbosa leads,” said Assistant Attorney General Polite. “Colombia continues to be an indispensable partner to the United States. Attorney General Barbosa’s steadfast support for the rule of law while honoring bilateral commitments has been the cornerstone of our law enforcement efforts with Colombia.”

Both leaders committed to continue strengthening the close law enforcement relationship between the United States and Colombia, which has led to, among others, the successful investigation and prosecution of drug traffickers, transnational organized crime groups, human smugglers, money launderers, and malicious cyber actors.

U.S. Attorney General Merrick B. Garland dropped by the meeting to personally thank Attorney General Barbosa for the outstanding cooperation between the United States and Colombia.

A California man pleaded guilty yesterday, in three separate cases, to failing to appear at his sentencing, attempting to evade the assessment of income tax and wire fraud.

According to court documents and statements made in court, Robin J. McPherson, formerly of San Diego, failed to appear for his sentencing in March 2001 following a December 2000 bench trial convicting him and two co-defendants of conspiring to defraud the IRS and collectively evading over $1 million in income taxes for tax years 1993 and 1994. 

While a fugitive, McPherson was indicted for attempting to evade income taxes due on income he received in 1999 and 2000 from individuals who believed they were investing in an internet shopping mall. The defendant cashed checks he received from these individuals, directed the income from this enterprise to a Canadian bank account and did not file income tax returns for those years with the IRS, causing a tax loss of approximately $79,367.

Later, between 2016 and 2020, the defendant, using the name Raymond James, defrauded other individuals of approximately $1.5 million by inducing them to invest in Costa Rican villas that were never built.

In May 2022, McPherson was apprehended in Costa Rica and deported back to the United States.

“Robin McPherson only delayed the inevitable, when he appeared before the Court and entered his guilty plea today to tax evasion and other crimes,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Tax fugitives should know that they will be found and brought to justice, no matter where they hide or how long it takes.”

“After over 20 years since his original conviction for tax charges, McPherson is now being held accountable and taking responsibility for his crimes,” said Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation Los Angeles Field Office. “Today’s guilty plea serves as a reminder and warning, those who evade their taxes and try to run will face the consequences. No person is above the law, and no one can evade the consequences indefinitely.”

McPherson is scheduled to be sentenced on April 28, 2023, and faces a maximum penalty of five years in prison for failure to appear, five years in prison for tax evasion and 20 years in prison for wire fraud. The defendant also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

IRS-Criminal Investigation and the FBI are investigating the matter.

Trial Attorney Charles A. O’Reilly of the Justice Department’s Tax Division is prosecuting the cases.

A Maryland man was sentenced today to 35 years in prison for production and distribution of images and videos depicting the sexual abuse of children.

Justin Michael Peterson, 28, pleaded guilty in the District of Maryland to one count of sexual exploitation of a child and one count of distribution of child pornography on Aug. 30, 2022.

According to court documents, in January 2020, Peterson used Instagram to video chat with a minor victim and entice the minor victim to masturbate and insert objects into the victim’s anus while Peterson masturbated. Peterson used special software to record those chats and distributed the recordings to another minor child with whom Peterson had been exchanging sexually explicit messages on Kik and Snapchat. During his chats with the second minor child, Peterson discussed his interest in traveling to the minor victim’s home to kidnap them.

After his arrest in February 2020, Peterson admitted to law enforcement that he is sexually attracted to children as young as three years old. Peterson’s phone contained hundreds of images depicting the sexual abuse of children, including toddlers and infants. Forensic examination of Peterson’s phone also revealed that he actively participated in several online chat groups dedicated to the sexual exploitation of children and distributing child sexual abuse material. Peterson also posted messages to these groups offering to “rent” one of the minor victims as a “cam slave.”

Peterson was previously convicted in Maryland in 2016 for distributing child pornography and was required to register as a sex offender at the time of his offenses.

In addition to serving 35 years in prison, Peterson was sentenced to 30 years of supervised release years and will be required to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI, the Carroll County Sheriff’s Office, and the Boone, North Carolina, Police Department investigated the case.

Trial Attorney Eduardo Palomo of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Paul E. Budlow for the District of Maryland prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A federal grand jury in St. Paul returned an indictment yesterday charging a Minnesota man with assisting in the preparation of false income tax returns and wire fraud.

According to the indictment, from 2014 to 2018, Beau Wesley Gensmer, of Prior Lake, owned a purported consulting company and, starting in 2014, hired a tax return preparer in Anchorage, Alaska, to prepare and electronically file federal income tax returns for members of the Shakopee Mdewakanton Sioux Community, the Native American tribe that owns Mystic Lake and Little Six Casinos outside of Minneapolis. Gensmer allegedly convinced tribal members to hire him to assist in the preparation and filing of their tax returns.  The indictment alleges that Gensmer then emailed the Alaskan return preparer false information she used to prepare income tax returns for the tribe members that claimed fraudulent business losses and charitable contributions. The materially false entries allegedly resulted in tax refunds that averaged more than $100,000 for each client. Gensmer’s scheme allegedly involved numerous false income tax returns, for which he received approximately 30% of each inflated tax refund. In total, Gensmer is alleged to have caused a tax loss to the IRS of more than $1.5 million.

The defendant will appear before a U.S. Magistrate Judge for the District of Minnesota for his initial court appearance. If convicted, he faces a maximum penalty of 20 years in prison for each count of wire fraud and 3 years in prison for each false 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, and United States Attorney Andrew M. Luger for the District of Minnesota made the announcement.

IRS-Criminal Investigation is investigating the case.

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

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

A Nevada-licensed dentist pleaded guilty yesterday to willfully failing to pay over employment taxes withheld from employees of his Las Vegas practice.

According to court documents, Timothy Wilson of Phoenix, Arizona, was a Nevada-licensed dentist who owned and operated Starsmiles Children’s Dentistry, LLC, a pediatric dental practice with offices located in North Las Vegas and Las Vegas. As the sole owner of Starsmiles, Wilson was responsible for collecting and paying over to the IRS the income, Medicare, and Social Security taxes withheld from the wages paid to Starsmiles’ employees. From 2011 through 2014, Wilson withheld these taxes from his employees’ wages but did not to pay the withholdings to the IRS. In total, Wilson caused a tax loss of $289,654.63.

Wilson is scheduled to be sentenced on April 24, 2023, and faces a maximum penalty of 5 years in prison. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

IRS-Criminal Investigation is investigating the case.

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

The U.S. District Court for the Southern District of Florida has permanently enjoined a Miami-based tax return preparer from preparing returns for others and from owning, managing, or working at any tax return preparation business in the future.

The court entered judgment against Arnold Zio after he failed to respond to the government’s suit. The terms of the order require that Zio, individually and doing business as Platinum Citizens Financial, LLC and FTP Tax Services, send notices of the injunction to each person for whom he prepared federal tax returns after January 1, 2016, and post the injunction in places where he conducts business, including social media accounts and websites. The order also provides that the United States may monitor Zio’s compliance with the injunction.

The civil complaint filed against Zio alleged that he prepared tax returns claiming fabricated business income and expenses, as well as claiming various false tax deductions, including charitable contributions. It also alleged that Zio, without authorization, diverted customer refunds into his own bank account and failed to return COVID-19 stimulus funds that were improperly deposited into his account. According to the civil complaint, Zio claimed over $850,000 in falsified or inflated deductions on his customers’ tax returns, claimed at least $545,000 in falsified or inflated business losses, and diverted at least $188,000 from his customers’ refunds into his own bank account.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. 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.

The Justice Department filed a complaint today against the Wisconsin Department of Military Affairs (WDMA) alleging that the WDMA discriminated on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, when it offered a woman a lower salary than similarly or less qualified men for the same job. Title VII is a federal statute that prohibits compensation discrimination and other forms of employment discrimination on the basis of sex, race, color, national origin and religion.

“It is a violation of federal law for employers to offer a qualified woman less pay simply because of her sex,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Civil Rights Division is committed to confronting the gender pay gap and holding state and local government employers accountable when they discriminate on the basis of sex in setting compensation. Title VII is a critical tool in bringing an end to unlawful actions that perpetuate gender pay disparities in the workplace.”

The lawsuit, filed by the United States in the Western District of Wisconsin, alleges that the WDMA engaged in compensation discrimination based on sex by offering Michelle Hartness a lower salary than it offered or paid similarly or less qualified men for a director position in the WDMA. According to the complaint, Ms. Hartness was selected for a director position, but the WDMA offered her a salary below the salary range stated in the job announcement. When Ms. Hartness pointed this out and asked for a salary commensurate with the range from the posting and her skills and experience, the WDMA offered her the lowest salary in the range. Ms. Hartness asked for a salary consistent with her qualifications and on par with the man holding the other director position in the division. The WDMA rejected her request. Instead, the WDMA conducted another selection process and offered the Director position to only men, at salaries significantly higher than the salary it offered Ms. Hartness, even though she was as or more qualified than these men. The WDMA ultimately hired a less qualified man at a higher salary than it offered Ms. Hartness.

Ms. Hartness filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Milwaukee Area Office investigated the charge and found reasonable cause to believe that Ms. Hartness was discriminated against because of her sex. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.

Ensuring that local, county and state governments comply with Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.

Senior Trial Attorneys Patricia Stasco and Hector Ruiz of the Civil Rights Division’s Employment Litigation Section are prosecuting the case.

Darrell Taylor, 32, a former officer with the Louisville Metro Department of Correction, in Louisville, Kentucky, was sentenced to 36 months in federal prison for using unreasonable force against a detainee, thereby violating the detainee’s civil rights.

In October 2022, a jury heard evidence proving that the defendant, while working as a correctional officer, assaulted B.R., a pretrial detainee being detained in the Louisville Metro Department of Corrections. On Dec. 15, 2020, Taylor was serving breakfast to detainees in the Louisville Metro Department of Corrections. During the breakfast service, B.R., a detainee with reported mental health issues, used insulting language in a conversation with Taylor, after which Taylor followed B.R. back to B.R.’s bunk, grabbed him, threw him to the ground and punched him repeatedly in the face. After the fourth punch, B.R. went limp and lost consciousness. Taylor then lifted B.R. and slammed him face-first into the ground. B.R.’s jaw and cheekbone were broken during the assault.

“The defendant abused his authority as a law enforcement officer and betrayed the public’s trust when he violently assaulted a detainee in his custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Officials working inside jails and prisons who abuse inmates and detainees are not above the law, and we will continue to vigorously prosecute those who deprive people of their Constitutional rights.”

“The defendant’s violent assault in this case was a blatant disregard of the civil rights and physical well-being of a Metro Department of Corrections’ detainee,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “This office will continue to thoroughly investigate and aggressively prosecute corrections officials who violate the civil rights of individuals through the use of unreasonable force.”

“Corrections officers are tasked with the difficult job of maintaining a safe and secure environment in our prison facilities. When one officer abuses the authority placed in them by violating the civil rights of an inmate, it undermines the trust placed in all law enforcement officers,” said Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office. “This sentence should be a reminder that the FBI takes all allegations of civil rights violations seriously and will vigorously investigate and seek prosecution for these abuses of power.”                         

The FBI Louisville Field Office investigated the case.

Assistant U.S. Attorney Amanda Gregory for the Western District of Kentucky and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section prosecuted the case.

Two Florida men were sentenced today in federal court in the Middle District of Florida for hate crime charges in connection with their racially-motivated attack against a Black man in Citrus Springs.  

Roy Lashley, 56, was sentenced to 60 months in prison, and his brother, Robert Lashley, 52, was sentenced to 36 months in prison.

According to the facts admitted in the defendants’ pleas, on Nov. 17, 2021, Roy and Robert Lashley traveled to the Family Dollar in Citrus Springs, where the victim, a Black man, was shopping inside. After Roy Lashley repeatedly used racial slurs inside the store in reference to the victim, both Roy and Robert Lashley followed the victim into the parking lot. There, Robert Lashley ran to the victim and hit him numerous times, while Roy Lashley retrieved an axe handle from the bed of his truck, ran to the scene, and struck the victim multiple times with it. Both Roy and Robert Lashley directed racial slurs towards the victim before, during, and after the attack. The victim sustained painful injuries to his face and legs, including a laceration to the inside of his mouth. Both Roy and Robert Lashley admitted that they willfully caused bodily injury to the victim and acted because of the victim’s actual or perceived race or color.

“Driven by bigotry and hate, the defendants brutally assaulted a Black man for no other reason than his race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Racially-motivated violence is abhorrent, unlawful and has no place in America today. Aggressive prosecution of hate crimes is a top priority for the Civil Rights Division, and these sentences should send a message to others who would carry out similar acts of violence that they will be brought to justice.”

“The brutal attack against the victim in this case was motivated by hate and bigotry,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Because of the great determination and cooperation between our federal and local law enforcement partners, we were able to bring these callous criminals to justice.”

“Civil rights investigations are at the heart of what we do at the FBI,” Special Agent in Charge Sherri E. Onks of the FBI Jacksonville Field Office. “Hate crimes are not only an attack on the victim; they are meant to threaten and intimidate an entire community. Because of their wide-ranging impact, investigating hate crimes is among the FBI's highest priorities, and we will continue to work with our law enforcement partners to seek justice for victims and their communities.”

Assistant Attorney General Clarke, U.S. Attorney Handberg and Special Agent in Charge Onks made the announcement.

The FBI and the Citrus County Sheriff’s Office investigated the matter.

Trial Attorneys Maura White and Matthew Tannenbaum of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney William Hamilton for the Middle District of Florida prosecuted the case. 

For more information and resources about the department’s work to combat hate crimes, visit www.justice.gov/hatecrimes.

Chance Seneca, 21, of Lafayette, Louisiana, was sentenced today to 45 years in federal prison for kidnapping and attempting to murder a gay man as part of a months-long scheme to kidnap and murder gay men. 

The court rested its sentence on many factors, including its determination that the defendant intentionally targeted the victim and other gay men because of their gender and sexual orientation.

“The facts of this case are truly shocking, and the defendant’s decision to specifically target gay men is a disturbing reminder of the unique prejudices and dangers facing the LGBTQ+ community today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The internet should be accessible and safe for all Americans, regardless of their gender or sexual orientation. We will continue to identify and intercept the predators who weaponize online platforms to target LGBTQ+ victims and carry out acts of violence and hate.”

According to evidence introduced at sentencing and in an earlier hearing where the defendant pleaded guilty, Seneca in June 2020 used Grindr, a dating application for gay and bisexual men, to kidnap and attempt to murder H.W., a gay man. Specifically, Seneca used Grindr to propose a meeting with H.W., with the intent of murdering and dismembering him, and then drove H.W. to an isolated house, took out a handgun, instructed him to put on handcuffs, and then used several methods to attempt to murder him. Believing that H.W. was dead, Seneca then attempted to dismember him. After his arrest, Seneca admitted that he had planned to continue murdering gay men until he was caught or killed. 

Seneca acknowledged that he kidnapped and attempted to murder H.W. in order to satisfy a compulsive murder-fantasy. Seneca had become fixated with the idea of killing gay men, and this fascination led him to spend months designing a murder-kidnapping scheme that mirrored the murders of gay men committed by the notorious serial killer Jeffrey Dahmer. Seneca intentionally targeted gay men, as Dahmer had done. Seneca had also intended to eat and preserve the bodies of his victims, as Dahmer had done. 

“No one should ever be subjected to the type of horrendous actions that this defendant inflicted upon the victim in this case,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “The victim never thought that he would find himself falling prey to a predator in such a way. Hate crimes such as this are a top priority for the Department and this office, and we take these kind of cases very seriously. It is important that we all remain vigilant and cautious as we use the internet in our everyday lives to avoid situations that may lead to destructive behavior of others towards us.”

“The preservation of civil rights and the investigation of Color of Law violations are of utmost priority for the FBI,” said Special Agent in Charge Douglas A. Williams Jr. of the FBI New Orleans Field Office.” "Today's sentencing sends a clear message that individuals like Chance Seneca will be held accountable. We thank our partners at the United States Attorney's Office, Western District of Louisiana, Department of Justice Civil Rights Division and Lafayette Police Department for their strong partnership and dedication to protecting the civil rights of every citizen.”

The FBI and the Lafayette Police Department conducted the investigation. 

Deputy Criminal Chief Myers Namie for the Western District of Louisiana and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section are prosecuting the case. 

The United States filed a complaint in the U.S. District Court for the Northern District of Texas yesterday seeking to bar a North Texas-area tax return preparer from preparing federal income tax returns for others. 

The complaint alleges that Jennifer Murley and her tax preparation business prepared over 2,200 federal income tax returns and filed them during 2019 through 2022. According to the complaint, in a number of these tax returns, Murley and her business overstated the customers’ tax refunds by fabricating household help income, which can increase unlawful claims for tax credits, or by fabricating or inflating business losses to reduce taxable income improperly.

The complaint further alleges that by repeatedly understating her customers’ tax liabilities the fraudulent return preparation activities of Murley and her tax preparation business have caused a loss to the United States for returns filed during the years 2019 through 2022 totaling more than an estimated $2 million of tax revenue.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.

The Justice Department announced today that it has concluded there is reasonable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment. 

Specifically, the department concluded that: 1) LDOC denies individuals’ due process rights to timely release from incarceration; 2) LDOC’s failure to implement adequate policies and procedures causes systemic overdetentions; and 3) LDOC is deliberately indifferent to the systemic overdetention of people in its custody. For more than 10 years, LDOC has been on notice of its overdetention problem and has failed to take adequate measures to ensure timely releases of incarcerated individuals from its custody. Between January and April 2022 alone, 26.8% of the people released from LDOC’s custody were held past their release dates. Of those overdetained people, 24% were held over for at least 90 days, and the median number of days overdetained was 29. In just this four-month period, LDOC had to pay parish jails an estimated $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a year.  

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided LDOC with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them.

“The Constitution guarantees that people incarcerated in jails and prisons may not be detained beyond their release dates, and it is the fundamental duty of the State to ensure that all people in its custody are released on time,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of systemic violations by the Louisiana Department of Public Safety and Corrections that have resulted in the routine confinement of people far beyond the dates when they are legally entitled to be released. We are committed to taking action that will ensure that the civil rights of people held in Louisiana’s jails and prisons are protected. We stand ready to work with state officials to institute long overdue reforms.”

“Persons are legally incarcerated every day in America and are ordered by the court to serve certain sentences primarily for punishment, deterrence and rehabilitation purposes,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “This ultimately benefits the individual, society and the criminal justice system. There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be. This can be costly from a physical and mental standpoint for the incarcerated individual and a waste of money for the taxpayer. Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation. We look forward to working with the Louisiana Department of Corrections to ensure that it has the policy and tools going forward to prevent overdetention from reoccurring.”

“It is the job of the U.S. Department of Justice to protect the constitutional rights of every person, including individuals who are incarcerated,” said U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana. “While all government agencies operate under constraints, that is no excuse for violating the rights of people who have served their sentences and are ready to start their lives anew. Federal law requires equal justice for all. My office is committed to enforcing that mandate.”

“Today’s findings demonstrate the Department of Justice’s commitment to hold accountable institutions entrusted to protect the rights of all citizens, including people within the Louisiana Department of Corrections,” said U.S. Attorney Duane Evans for the Eastern District of Louisiana. “Lawfully convicted people should not serve a day beyond their official designated release dates. Louisiana is wasting money on incarcerating people beyond their release dates and incurring legal expenses in defending lawsuits filed by the overdetained. We look forward to working with all affected parties to correct this problem.”

The Justice Department initiated the investigation in December 2020 under CRIPA, which authorizes the Department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities.

Individuals with relevant information are encouraged to contact the Justice Department by phone at 1-833-492-0097, or by email at community.louisianadoc@usdoj.gov.

For more information about the Civil Rights Division and the Special Litigation Section, please visit: https://www.justice.gov/crt/special-litigation-section. You can also report civil rights violations to the Civil Rights Division by completing a complaint form available at: https://civilrights.justice.gov/.

Additional information about the Eastern, Middle, and Western U.S. Attorneys Offices is available at: https://www.justice.gov/usao-edla , https://www.justice.gov/usao-mdla , and https://www.justice.gov/usao-wdla. 

An Illinois man has been arrested and charged by criminal complaint with malicious use of fire and an explosive to damage, and attempt to damage, the Planned Parenthood Peoria Health Center in Peoria.

The complaint alleges that Tyler W. Massengill, 32, of Chillicothe, committed the offense. 

On Jan. 15, law enforcement received a report of a fire in progress at the Planned Parenthood in Peoria. Subsequent investigation — including a review of area surveillance from the fire scene — revealed that at approximately 11:20 p.m., an older white pickup truck with red doors parked in an area adjacent to Planned Parenthood. Video footage depicts a man wearing a coat with a hood pulled up and possible face mask walk up to the building with a laundry detergent-sized bottle. The man lit a rag on fire on one end of the bottle, smashed a window with an object and then placed the container inside of the Planned Parenthood building. He then quickly left the area on foot.

The complaint alleges that law enforcement, acting on several tips, linked the truck to Massengill and ultimately recovered the truck from an individual in Sparland, where Massengill had left it with a request to paint its doors white. After Massengill’s truck was seized, Massengill met with investigators at the Peoria Police Department on Jan. 24 and was taken into custody.

If convicted of the offense, Massengill faces a mandatory minimum sentence of imprisonment of at least five years and could receive up to 40 years in prison. The charges also carry up to three years of supervised release and a possible fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Gregory K. Harris for the Central District of Illinois made the announcement.

The FBI Springfield Field Office, Peoria Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, with assistance from the Peoria Fire Department.

Assistant U.S. Attorney Ronald L. Hanna for the Central District of Illinois and Trial Attorney Erin Monju of the Civil Rights Division’s Criminal Section are prosecuting the case.

Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Department of Justice’s efforts to enforce FACE Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.

A complaint is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.

A federal court in Richmond, Virginia, sentenced three defendants today for conspiracy to commit forced labor for compelling the domestic labor of a Pakistani woman for 12 years.

Zahida Aman, 80, was sentenced to 144 months in federal prison, Mohammed Rehan Chaudhri, 48, to 120 months in federal prison and Mohammad Nauman Chaudhri, 55, to 60 months in federal prison in the Eastern District of Virginia. Additionally, the Court ordered Aman and Rehan Chaudhri to pay the victim $250,000 in restitution for back wages and other financial losses she incurred as a result of the defendants’ criminal conduct.  

Following a seven-day trial in May 2022, the jury convicted all of the defendants of conspiracy to commit forced labor, convicted two of the defendants of forced labor and convicted Aman of document servitude. Aman arranged for her son’s marriage to the victim in 2002, but even after the victim’s husband moved away from the home, the defendants kept the victim in their Virginia home to serve the extended family. 

“These defendants callously exploited the victim’s vulnerabilities and brutally coerced her labor through physical violence and emotional abuse,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Human trafficking is an affront to human rights and to our nation’s core values. The Department of Justice is committed to vindicating the rights of survivors and bringing human traffickers to justice.”

“Human trafficking is a global issue that cannot be tackled alone,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will remain committed to investigating all forms of human trafficking and work with our law enforcement partners in combatting the problem.”

According to the evidence presented in court, the defendants compelled the victim to serve the family as a domestic servant, using physical and verbal abuse, restricting communication with her family in Pakistan, confiscating her immigration documentation and money and eventually threatening to separate her from her children by deporting her to Pakistan. The defendants slapped, kicked and pushed the victim, even beat her with wooden board, and on one occasion hog-tied her hands and feet and dragged her down the stairs in front of her children. All of these coercive means were employed by the defendants to compel the victim’s labor in their home.

The evidence further showed that the defendants required the victim to work every day, beginning early each morning. They restricted her food, forbade her from learning to drive or speaking to anyone except the defendants’ family members and prohibited her from calling her family in Pakistan.

Assistant Attorney General Clarke, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.  

Assistant U.S. Attorneys Stephen Miller, Shea Gibbons and Heather Mansfield for the Eastern District of Virginia and Trial Attorney Leah Branch of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.

The Justice Department announced today that a federal grand jury returned an indictment charging former Crawford County, Arkansas, Sheriff’s Deputies Levi White and Zackary King with federal civil rights offenses for using excessive force on a 27-year-old man during the arrest of that man at a gas station in Mulberry, Arkansas, on Aug. 21, 2022.

Specifically, count one of the indictment alleges that, while the arrestee was lying on the ground, White struck him multiple times. Count two of the indictment alleges that King struck the arrestee multiple times, also while the arrestee was lying on the ground. The indictment further alleges that the arrestee suffered bodily injury as a result of White and King’s actions.

If convicted, White and King face a maximum sentence of 10 years in prison for the excessive-force charge; both defendants also face up to three years of supervised release and a fine of up to $250,000. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney David Clay Fowlkes for the Western District of Arkansas and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.

The FBI Little Rock Field Office investigated the case. 

Assistant U.S. Attorneys Dustin Roberts and Devon Still for the Western District of Arkansas and Trial Attorneys Anna Gotfryd and Michael J. Songer of the Civil Rights Division’s Criminal Section 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.

Two Florida residents were indicted by a federal grand jury for spray-painting threats on reproductive health services facilities in the state.

The indictment, returned by a federal grand jury in the Middle District of Florida, alleges that Caleb Freestone, 27, and Amber Smith-Stewart, 23, engaged in a conspiracy to prevent employees of reproductive health services facilities from providing those services. According to the indictment, as part of the conspiracy, the defendants targeted pregnancy resource facilities and vandalized those facilities with spray-painted threats. According to the indictment, Freestone and Smith-Stewart, and other co-conspirators, are alleged to have spray painted threats, including “If abortions aren’t safe than niether [sic] are you,” “YOUR TIME IS UP!!,” “WE’RE COMING for U,” and “We are everywhere,” on a reproductive health services facility in Winter Haven, Florida. The indictment further alleges that facilities in Hollywood, Florida, and Hialeah, Florida, were also targeted.

The indictment also alleges that Freestone and Smith-Stewart violated the FACE Act by using threats of force to intimidate and interfere with the employees of a reproductive health services facility in Winter Haven because those employees were providing or seeking to provide reproductive health services. The indictment further alleges that Freestone and Smith-Stewart violated the FACE Act by intentionally damaging and destroying the facility’s property because the facility provides reproductive health services. 

If convicted of the offenses, Freestone and Smith-Stewart each face up to a maximum of 12 years in prison, three years of supervised release and fines of up to $350,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida and Assistant Director Luis Quesada of the FBI Criminal Investigative Division made the announcement.

The FBI Tampa Field Office investigated the case, with assistance from the Miami Police Department.

Assistant U.S. Attorney Lisa Thelwell for the Middle District of Florida and Trial Attorneys Sanjay Patel and Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case.

Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Department of Justice’s efforts to enforce FACE Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.

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

A federal grand jury in the District of Columbia returned an indictment today charging Antonio Oseguera Cervantes, aka Tony Montana, a Mexican national, with international cocaine and methamphetamine trafficking conspiracy.

According to court documents, Oseguera Cervantes, 64, of Michoacan, is charged with conspiracy to distribute cocaine and methamphetamine for importation into the United States and possessing a firearm in furtherance of a drug trafficking offense.

According to court documents, Oseguera Cervantes is the brother of Nemesio Oseguera Cervantes, aka Mencho, who is the leader of Cartel de Jalisco Nueva Generacion (CJNG). CJNG, which is based in the State of Jalisco in Mexico, is one of the largest, most dangerous, and prolific drug cartels in Mexico. CJNG is responsible for trafficking significant quantities of illegal drugs into the United States for profit and employing violence to further their objectives.

Oseguera Cervantes is charged with conspiracy to distribute five kilograms or more of cocaine and 500 grams or more of methamphetamine for importation into the United States from January 1998 until December 2022, and possession of a firearm in furtherance of a drug trafficking offense from January 2000 until December 2022. If convicted, he faces a mandatory minimum penalty of 15 years in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and DEA Administrator Anne Milgram made the announcement.

The DEA Los Angeles Field Office is investigating the case.

Trial Attorneys Kate Naseef and Nhan Nguyen and Acting Assistant Deputy Chief Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Additional information about OCDETF can be found at https://www.justice.gov/OCDETF.

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

Today, the Justice Department, along with the Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia, filed a civil antitrust suit against Google for monopolizing multiple digital advertising technology products in violation of Sections 1 and 2 of the Sherman Act.

Filed in the U.S. District Court for the Eastern District of Virginia, the complaint alleges that Google monopolizes key digital advertising technologies, collectively referred to as the “ad tech stack,” that website publishers depend on to sell ads and that advertisers rely on to buy ads and reach potential customers. Website publishers use ad tech tools to generate advertising revenue that supports the creation and maintenance of a vibrant open web, providing the public with unprecedented access to ideas, artistic expression, information, goods, and services. Through this monopolization lawsuit, the Justice Department and state Attorneys General seek to restore competition in these important markets and obtain equitable and monetary relief on behalf of the American public.

As alleged in the complaint, over the past 15 years, Google has engaged in a course of anticompetitive and exclusionary conduct that consisted of neutralizing or eliminating ad tech competitors through acquisitions; wielding its dominance across digital advertising markets to force more publishers and advertisers to use its products; and thwarting the ability to use competing products. In doing so, Google cemented its dominance in tools relied on by website publishers and online advertisers, as well as the digital advertising exchange that runs ad auctions.

“Today’s complaint alleges that Google has used anticompetitive, exclusionary, and unlawful conduct to eliminate or severely diminish any threat to its dominance over digital advertising technologies,” said Attorney General Merrick B. Garland. “No matter the industry and no matter the company, the Justice Department will vigorously enforce our antitrust laws to protect consumers, safeguard competition, and ensure economic fairness and opportunity for all.”

“The complaint filed today alleges a pervasive and systemic pattern of misconduct through which Google sought to consolidate market power and stave off free-market competition,” said Deputy Attorney General Lisa O. Monaco. “In pursuit of outsized profits, Google has caused great harm to online publishers and advertisers and American consumers. This lawsuit marks an important milestone in the Department’s efforts to hold big technology companies accountable for violations of the antitrust laws.”

“The Department’s landmark action against Google underscores our commitment to fighting the abuse of market power,” said Associate Attorney General Vanita Gupta. “We allege that Google has captured publishers’ revenue for its own profits and punished publishers who sought out alternatives. Those actions have weakened the free and open internet and increased advertising costs for businesses and for the United States government, including for our military.”

“Today’s lawsuit seeks to hold Google to account for its longstanding monopolies in digital advertising technologies that content creators use to sell ads and advertisers use to buy ads on the open internet,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Our complaint sets forth detailed allegations explaining how Google engaged in 15 years of sustained conduct that had — and continues to have — the effect of driving out rivals, diminishing competition, inflating advertising costs, reducing revenues for news publishers and content creators, snuffing out innovation, and harming the exchange of information and ideas in the public sphere.”

Google now controls the digital tool that nearly every major website publisher uses to sell ads on their websites (publisher ad server); it controls the dominant advertiser tool that helps millions of large and small advertisers buy ad inventory (advertiser ad network); and it controls the largest advertising exchange (ad exchange), a technology that runs real-time auctions to match buyers and sellers of online advertising.

Google’s anticompetitive conduct has included:

• Acquiring Competitors: Engaging in a pattern of acquisitions to obtain control over key digital advertising tools used by website publishers to sell advertising space;
• Forcing Adoption of Google’s Tools: Locking in website publishers to its newly-acquired tools by restricting its unique, must-have advertiser demand to its ad exchange, and in turn, conditioning effective real-time access to its ad exchange on the use of its publisher ad server;
• Distorting Auction Competition: Limiting real-time bidding on publisher inventory to its ad exchange, and impeding rival ad exchanges’ ability to compete on the same terms as Google’s ad exchange; and
• Auction Manipulation: Manipulating auction mechanics across several of its products to insulate Google from competition, deprive rivals of scale, and halt the rise of rival technologies.

As a result of its illegal monopoly, and by its own estimates, Google pockets on average more than 30% of the advertising dollars that flow through its digital advertising technology products; for some transactions and for certain publishers and advertisers, it takes far more. Google’s anticompetitive conduct has suppressed alternative technologies, hindering their adoption by publishers, advertisers, and rivals.

The Sherman Act embodies America’s enduring commitment to the competitive process and economic liberty. For over a century, the Department has enforced the antitrust laws against unlawful monopolists to unfetter markets and restore competition. To redress Google’s anticompetitive conduct, the Department seeks both equitable relief on behalf of the American public as well as treble damages for losses sustained by federal government agencies that overpaid for web display advertising. This enforcement action marks the first monopolization case in approximately half a century in which the Department has sought damages for a civil antitrust violation.

In 2020, the Justice Department filed a civil antitrust suit against Google for monopolizing search and search advertising, which are different markets from the digital advertising technology markets at issue in the lawsuit filed today. The Google search litigation is scheduled for trial in September 2023.

Google is a limited liability company organized and existing under the laws of the State of Delaware, with a headquarters in Mountain View, California. Google’s global network business generated approximately $31.7 billion in revenues in 2021. Google is owned by Alphabet Inc., a publicly traded company incorporated and existing under the laws of the State of Delaware and headquartered in Mountain View, California.

The United States filed a complaint in the U.S. District Court for the Middle District of Louisiana seeking to bar a Louisiana tax return preparer and her business from assisting in the preparing of federal income tax returns for others.

The complaint alleges that Whylithia R. Robinson prepared and filed 2,629 federal income tax returns for customers though AAA Tax Service from 2019–2021. According to the complaint, Robinson displayed a pattern of filing tax returns during this period that understated the customer’s tax liabilities and overstated tax refunds by fabricating business losses, claiming false charitable donations, and/or falsely claiming education credits for customers who were not entitled to them.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. 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.

Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with Genesee & Wyoming Railroad Services Inc. and numerous affiliated companies (collectively, GWRSI) for violation of Clean Air Act (CAA) locomotive regulations. The complaint, also filed today, alleges that GWRSI’s locomotives with rebuilt engines failed to meet applicable EPA emission standards, and that GWRSI did not perform required emissions-related maintenance or keep records of maintenance performed.

The locomotives at issue in this settlement burn diesel fuel which produces significant emissions of nitrogen oxides (NOx) and fine particulate matter. NOx is a contributor to the formation of summer ozone, and particulate matter smaller than 2.5 microns has been shown to cause lung damage and cancer. GWRSI estimates that the company will spend approximately $42 million to comply with consent decree requirements which will reduce NOx emissions from its locomotives by approximately 469 tons per year and particulate matter emissions by 14 tons per year.  

“By requiring locomotives to follow emissions standards, and requiring dozens of older, higher-polluting locomotives to be scrapped altogether, this consent decree reduces health threats from air pollution nationwide, particularly in those communities that live along railroad corridors,” said Assistant Attorney General Todd Kim of the Environment and Natural Resources Division.

“Today’s settlement requires GWRSI to bring its fleet of locomotives into compliance with Clean Air Act pollution control requirements,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”

Due to cost and other considerations, locomotives and their engines are typically rebuilt (or remanufactured) multiple times during their operational lives. EPA regulations require that rebuilt locomotive engines use the latest technology (for that model year locomotive) to reduce emissions.  The consent decree requires GWRSI to comply with this requirement for rebuilt engines and take steps to ensure that it does not purchase or sell locomotives that have been rebuilt without conforming to applicable emissions standards. It also requires that GWRSI timely perform critical emissions-related maintenance. To mitigate excess pollutants associated with the alleged violations, the settlement requires GWRSI to remove from service and permanently destroy 88 older locomotive that are not required to meet any EPA emission standards. GWRSI has further agreed that it will replace any locomotive it has scrapped only with locomotives subject to, and meeting, EPA emission standards. The consent decree also requires GWRSI to pay a $1.35 million civil penalty. 

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

A Colorado man pleaded guilty today to attempting to evade the payment of more than $700,000 in employment taxes owed to the IRS.

According to court documents, Frank Stevens, of Bow Mar, co-owned restaurants and an oil production business, which had employees from whose paychecks he withheld income taxes and Social Security and Medicare taxes. From at least 2002 and continuing for many years, Stevens did not pay over the withheld payroll taxes to the IRS or file the required payroll tax returns for his businesses. In an effort to prevent the IRS from collecting the taxes he owed through bank levies, Stevens kept the balances of his personal and business bank accounts low, often leaving them with only $0.01. To do so, Stevens, or an employee acting at his direction, transferred just enough funds to cover expenses and then transferred any remaining money to a bank account not subject to IRS levy. In total, the defendant caused a tax loss of approximately $737,128.

Stevens is scheduled to be sentenced on June 13, 2023, and faces a maximum penalty of five years in prison. Defendant also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Peter J. Anthony and Julia M. Rugg of the Justice Department’s Tax Division are prosecuting the case.

The Justice Department announced today that it entered into a settlement agreement with the City and County of Honolulu (Honolulu) under Title II of the Americans with Disabilities Act (ADA) to improve its paratransit.  

Title II of the ADA requires that cities and counties, including Honolulu, that provide bus or rail service, also provide paratransit. Paratransit is a public service where individuals who are unable to use the regular bus or rail transit system because of a physical or mental impairment schedule a trip to be picked up (at home, for example) and dropped off at their destination. Reserving rides is a key aspect to paratransit. 

“Ensuring easy access to booking paratransit is required by the Americans with Disabilities Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will allow users to reserve and use paratransit in Honolulu. The Justice Department is committed to ending discriminatory practices in paratransit, because accessible transportation is critical to independence and engagement in civic life.”

The agreement resolves complaints that customers of Honolulu’s paratransit service, TheHandi-Van, who called to make or change reservations for rides, had very long telephone hold times or did not have their calls answered. Under the agreement, Honolulu will take immediate steps to lessen hold times and within three years will answer 95% of calls to TheHandi-Van within three minutes and 99% of calls within five minutes. Honolulu will also provide regular reports to the department on its progress under the agreement.  

This matter was prosecuted by the Civil Rights Division’s Disability Rights Section.

The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit the ADA website at http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint/.

The U.S. Marshals Service (USMS) arrested 75,846 fugitives (28,324 on federal and 47,522 on state and local warrants) in Fiscal Year 2022. On average, the agency arrested 303 fugitives per day (based on 250 operational days).

That number breaks down as follows:

• Sex offenders – 9,911 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry and other offenses.)
• Gang members – 5,189
• Homicide suspects – 5,759
• International/foreign fugitives – 1,496 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)     
• Organized Crime Drug Enforcement Task Forces Program fugitives – 986 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
• Adam Walsh Child Protection and Safety Act violations – 248 (AWA categorizes sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
• “15 Most Wanted” fugitives – 2

Additionally, the USMS seized more than 6,200 firearms during numerous violence reduction and counter gang operations in FY22.

In July 2022, USMS conducted a fugitive apprehension initiative aimed at combating violent crime in 10 cities with a significant number of homicides and shootings. Using its broad arrest authority and network of partners, USMS focused on the most dangerous criminals causing the most harm in those cities. This 30-day initiative, called Operation North Star, resulted in the arrest of 1,501 individuals, including 230 wanted for homicide and 131 for sexual assault, in Baltimore, Chicago, Houston, Indianapolis, Los Angeles, Memphis, New Orleans, New York City, Philadelphia and Washington, D.C. These efforts have contributed to the notable violence reduction accomplishments of our local law enforcement partners and communities in the 10 cities.

“Across the country, neighborhoods are safer because the U.S. Marshals Service apprehended 300 dangerous fugitives nearly every day in 2022,” said Deputy Attorney General Lisa O. Monaco. “Together with our state and local law enforcement partners, U.S. Marshals upheld the rule of law.”

“I wish to thank the extraordinary women and men of the U.S. Marshals Service, as well as our state and local partners for their tireless work to make our communities safe,” said U.S. Marshals Service Director Ronald Davis. “The impact of these arrests goes beyond contributing to statistics.  Every fugitive arrested for a violent offense, helps support violence reduction and brings justice to families impacted by that violence.”

Total fugitives cleared: 95,425

• State and local warrants – 61,161
• Federal warrants – 34,264

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

The USMS has a long history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. The USMS leads 56 fugitive task forces (representing more than 1,500 law enforcement agencies) throughout the United States and eight regional fugitive task forces. Staffed by federal, state and local law enforcement agencies, USMS-led task forces target the most dangerous fugitives.

Notable Arrests in FY2022

On Feb. 23, 2022, the USMS Florida Caribbean Regional Fugitive Task Force arrested 15 Most Wanted fugitive Nyjell Outler, alleged to have shot one man and killed another while attending a gender reveal party March 20, 2021, in Washington, D.C. At the time of the shooting, Outler wore an ankle monitor and was on pre-trial release for a gun charge involving an AK-47 style rifle.

On May 9, 2022, a multi-state, USMS-led manhunt for escaped Alabama prisoner Casey White and his alleged accomplice Vicky White culminated in his arrest in Indiana. USMS investigators used their network of state and local partnerships and expertise to track the couple and bring the fugitive to justice once again. The 11-day ordeal garnered significant national media coverage and highlighted the fugitive investigative prowess of USMS.

On Aug. 30, 2022, USMS 15 Most Wanted fugitive Raymond McLeod, 37, wanted by the San Diego Police Department for the 2016 murder of 30-year-old Krystal Mitchell, was taken into custody by El Salvadoran law enforcement authorities without incident. McLeod confirmed his identity to members of the U.S. Marshals team and members of the U.S. Embassy, who were on the ground with the El Salvadoran local and national police when they took him into custody. Authorities had received a tip that McLeod had been teaching English at a school in Sonsonate.

Finding Missing Children

In May 2015, the Justice for Victims of Trafficking Act was passed and clarified the USMS’ discretionary authority to support law enforcement requests for assistance on any missing child cases. As such, the USMS assists state, local and other federal law enforcement agencies, upon request, in locating and recovering missing children, while focusing agency resources on “critically missing child” cases – those that involve a suspected crime of violence or where factors are identified by law enforcement that indicates an elevated risk to a missing child. In FY 2022, the USMS assisted in the location or recovery of 424 missing children. Since the passage of the JVTA, the USMS has contributed to the location or recovery of more than 2,700 missing children.

Deputy Assistant Attorney General Arun G. Rao of the Department of Justice Civil Division’s Consumer Protection Branch, together with colleagues from the Consumer Protection Branch and the FBI, met last week with Central Bureau of Investigation (CBI) officials in New Delhi to discuss deepening and expanding efforts to combat cyber-enabled financial crimes and transnational call center fraud, a shared law enforcement priority.

In their meetings, the parties highlighted the continued strengthening of cooperation in combating these types of crimes that has occurred since their last meeting in October 2021, including successful efforts to secure the testimony of U.S. victims of call center fraud for use in enforcement proceedings against the alleged perpetrators in India, as well as the seizure of evidence and arrests of individuals in India allegedly involved in cyber-enabled financial crimes and global telemarketing frauds and identified, in part, through information provided with the assistance of U.S. law enforcement.   

The parties reaffirmed their mutual commitment to continued cooperation in addressing dynamic and evolving technology-based crimes by building upon the experience gained through recent efforts and further refining processes for the exchange of information, in order to ensure the safety of citizens of both the United States and India.

Late last week, Deputy Attorney General (Deputy AG) Lisa Monaco was in Florida and Georgia to showcase how the Department of Justice is using intelligence and technology-driven methods to reduce violent crime, protect our communities, and prepare the next generation of law enforcement leaders.

In Jacksonville, Florida, the Deputy AG visited the ATF’s Crime Gun Intelligence Center (CGIC). She was accompanied by Director Steve Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for a roundtable discussion with state, local, and federal law enforcement leaders whose agencies contribute to and benefit from the CGIC’s real-time intelligence. The Jacksonville CGIC is a nationwide leader in using crime gun intelligence to identify the most violent criminals and take shooters off the streets.

While in Jacksonville, Deputy AG Monaco also visited the U.S. Attorney’s Office for the Middle District of Florida, where she met with U.S. Attorney Roger B. Handberg and his leadership team, held an “all-hands” meeting with all district personnel, and was briefed on the district’s ongoing casework and community outreach.

The Deputy AG spent Friday at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia, visiting with new trainees for the ATF and U.S. Marshals Service (USMS). She delivered remarks to the ATF’s 238th graduating class and reiterated that “now, more than ever, the ATF represents modern policing at its best” through its innovative use of technology — such as the ATF’s newly created Emerging Threats Unit (ETU) to target new technologies that threaten public safety — and through the investments it has made in crime gun intelligence with its National Integrated Ballistic Information Network.

Before they swore their oath of office, the Deputy AG told the new Special Agents that:

“Your job is now the core mission of the Department of Justice: to keep our country safe, uphold the rule of law, and protect civil rights. The professionals of ATF come from diverse backgrounds, but you have one thing in common — you are dedicated to protecting the public.”

Deputy AG Monaco also spent time with the graduates and their families and observed demonstrations of the arson and explosives investigative techniques that ATF Special Agents learn during their specialized training.

The Deputy AG met with Deputy U.S. Marshal candidates and observed various tactical exercises, including on the use of force and firearms techniques. She saw firsthand how Deputy U.S. Marshals train to protect the judiciary and apprehend the most dangerous fugitives, all while upholding the rule of law nationwide.

Finally, the Deputy AG met with leadership from the Department of Homeland Security, which manages FLETC, to thank them for their continued commitment to excellence in law enforcement.

The Justice Department joins survivors, victim services providers, justice professionals and others in recognizing the month of January as National Stalking Awareness Month (NSAM). According to the CDC, an estimated one in three women and one in six men experience stalking in their lifetimes. This NSAM, the department reaffirms its commitment to survivors by honoring and providing resources to those leading efforts in supporting survivors and preventing stalking crimes.

Today the Office on Violence Against Women (OVW), which provides grants to communities, and the Stalking Prevention Awareness and Resource Center (SPARC), held a virtual Strategies Showcase highlighting OVW grantees’ promising approaches to stalking investigations, services for survivors and training for law enforcement and prosecutors.

“The Justice Department is committed to using all its tools to address stalking,” said Associate Attorney General Vanita Gupta. “Survivors need justice and safety, and communities require resources to respond and prevent this crime. OVW’s grantees play a critical role, providing essential services and justice solutions in their communities.”

With the prolific misuse of the internet and other forms of technology as weapons against stalking victims, today’s Strategies Showcase further emphasizes the White House’s priority to eradicate technology-facilitated violence. Last June, President Biden established the White House Task Force to Address Online Harassment and Abuse, an interagency effort to increase prevention, response and protection measures for survivors.

OVW will release new grant solicitations in the coming months to further address stalking, domestic violence, sexual assault and dating violence. Funds will support states, communities, institutions of higher education, tribes and victim service providers. OVW encourages applicants to visit the website for anticipated release dates and prepare their grants early. Additional resources for applicants and how to apply for OVW funding can be found on OVW’s website.

“OVW’s grant programs fund innovative and successful strategies to end stalking and other forms of gender-based violence,” said OVW Acting Director Allison Randall. “By encouraging a coordinated community response, these grant programs forge meaningful partnerships of on-the-ground service providers, culturally specific organizations and everyone who works daily to keep survivors safe.”

Created in 1995, OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of VAWA and subsequent legislation. OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.

The OVW-funded Stalking Prevention, Awareness & Resource Center (SPARC) offers training to service providers and justice professionals on keeping stalking survivors safe and holding offenders accountable. 

Medical device manufacturer DePuy Synthes, Inc. (DePuy), a subsidiary of Johnson & Johnson, has agreed to pay $9.75 million to resolve allegations it violated the False Claims Act by paying kickbacks to an orthopedic surgeon based in Massachusetts to induce his use of DePuy products.

The settlement announced today resolves allegations that DePuy violated the Anti-Kickback Statute (AKS) and caused the submission of false or fraudulent claims to Medicare by paying the orthopedic surgeon kickbacks in the form of free spinal implants and tools for use in surgeries that the surgeon performed overseas to induce that surgeon to use DePuy products in surgeries performed in the United States. As part of the settlement, DePuy has admitted that from at least July 2013 through February 2018, DePuy, acting through certain former sales representatives, gave the Massachusetts surgeon thousands of dollars’ worth of free DePuy implants and instruments, including cages, rods, screws, plates, and surgical instrumentation, that the surgeon used to perform surgeries overseas for patients who were not federal health care beneficiaries. Of the $9.75 million to be paid by DePuy, approximately $7.23 million will be returned to the federal government, and approximately $2.52 million will be returned to Massachusetts, which jointly funded claims for surgeries involving DePuy devices that were submitted to the Massachusetts Medicaid program.

The AKS prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.

“Medical device manufacturers are prohibited from providing free items to induce a physician to use their devices,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “When medical devices are used in surgical procedures, patients deserve to know that their device was chosen based on quality of care considerations and not on improper inducements from manufacturers.”

“Today the United States resolves allegations that DePuy provided over $100,000 worth of free product to a surgeon in order to secure and reward that physician’s continued business,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “Unlawful kickbacks can severely distort medical judgment as well as the market for medical devices. The millions of patients that depend on our health care system deserve untainted medical decisions. This settlement reflects our commitment to stamping out illegal kickbacks.”

“The American people, as both taxpayers and consumers, expect medical device manufacturers like DePuy to abide by relevant laws and regulations. When such health care companies provide illegal kickbacks in order to boost profits, their actions erode public confidence in the health care system, can compromise the patient-physician relationship, and waste government health program funding,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “In close cooperation with our law enforcement partners, we will continue to thoroughly investigate allegations of fraud to protect both federal health care programs and those served by them.”

“Today’s settlement makes it crystal clear that it is illegal for medical device companies to provide physicians with free medical products to win business and boost their bottom line through illegal kickback schemes,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Division. “Every year, health care fraud costs taxpayers billions of dollars. It is not a victimless crime and this unscrupulous scheme orchestrated by DePuy is just one example of how the FBI and our partners are working hard every day to protect both patients and taxpayers.”

The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Aleksej Gusakovs, who is a former sales representative for DePuy. Under those provisions, private parties, known as relators, can file an action on behalf of the United States and receive a portion of the recovery. The qui tam case is captioned United States et al. ex rel. John Doe v. Johnson & Johnson, et al., No. 17-cv-11502 (D. Mass.). As part of today’s resolution, Gusakovs will receive approximately $1.37 million.

The settlement was a result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the District of Massachusetts. The HHS-OIG provided investigative support.

The government’s pursuit of these matters 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).

The matter was handled by Senior Trial Counsel Benjamin C. Wei of the Civil Division and Assistant U.S. Attorneys Jessica Weber and Andrew Caffrey for the District of Massachusetts.

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

UPDATE

The defendant’s conviction was overturned pursuant to a decision by the Seventh Circuit, and he was acquitted on all counts.

A federal jury in the Northern District of Illinois convicted a Chicago man yesterday for participating in a conspiracy to pay approximately $25 million in illegal kickbacks to generate business for his durable medical equipment pharmacy. 

According to evidence presented at trial, Mark Sorensen, 53, worked at Symed, a Chicago pharmacy that paid illegal kickbacks to obtain patients to bill to Medicare, TRICARE, and the Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Between 2015 and 2018, Sorensen illegally bought patient leads from Bernie Perconti. Perconti obtained the leads from others, including Christine Anderson and Craig O’Neil. Without the involvement of the Symed, the conspirators could not have submitted claims to obtain reimbursement from Medicare or other federal health care benefit programs.  Perconti, O’Neil, and Anderson each pleaded guilty to conspiracy to pay and receive kickbacks in 2019, July 2020, and January 2021, respectively, and are scheduled to be sentenced at a later date.

Sorensen was convicted of one count of conspiracy and three counts of payment of illegal kickbacks. He faces a maximum penalty of five years in prison on each count of conviction. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Robert W. ‘Wes’ Wheeler Jr. of the FBI Chicago Field Office; Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Irene Lindow of the Department of Labor Office of Inspector General (DOL-OIG), Chicago Region; and Special Agent in Charge Darrin Jones of the Department of Defense Office of Inspector General (DOD-OIG) made the announcement.

The FBI, HHS-OIG, DOL-OIG, and DOD-OIG investigated the case.

Assistant Chiefs Leslie S. Garthwaite and Daniel J. Griffin of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

ملحوظة: هذا البيان الصحفي مترجم إلى لغات مختلفة. انظر المرفقات الواردة أدناه.

أصدرت وزارة العدل اليوم قرارًا في مسألة تتعلق بالمحكمة العُليا في لويزيانا (Louisiana Supreme Court, LASC) بناءً على الإجراءات التي اتخذتها LASC لتحسين إمكانية الوصول إلى الإجراءات والعمليات القضائية في الولاية للأفراد ذوي الكفاءة المحدودة في اللغة الإنجليزية (limited English proficiency, LEP).

في مايو 2019، أبرمت وزارة العدل ومذكرة اتفاق LASC (Memorandum of Agreement, MOA) لمعالجة شكوى بموجب الباب السادس من قانون الحقوق المدنية لعام 1964 (Title VI of the Civil Rights Act of 1964, Title VI). وTitle VI هو قانون فيدرالي يحظر ممارسة التمييز على أساس العرق واللون والأصل القومي من جانب أي جهات متلقية للمساعدة المالية الفيدرالية، ويشمل ذلك محاكم الولايات. ومنذ توقيع MOA، اتخذت LASC عددًا من الإجراءات التصحيحية لتحسين وصول LEP من المتعاملين مع المحاكم في جميع أنحاء ولاية لويزيانا.

وصرّحت كريستين كلارك، مساعدة المدعي العام لـ Civil Rights Division (دائرة الحقوق المدنية) بوزارة العدل، قائلة: "يجب أن تضمن المحاكم في جميع أنحاء بلادنا أن بابها مفتوح للجميع، ومنهم الأفراد ذوو الكفاءة المحدودة في اللغة الإنجليزية". وواصلت قائلة: "سنواصل عملنا للتأكد من أن أنظمة المحاكم، ومنها المحكمة العُليا في لويزيانا LASC، لديها السياسات والممارسات والمترجمين الشفويين والموارد الأخرى اللازمة لضمان توفير إمكانية اللجوء إلى القضاء للأفراد ذوي الكفاءة المحدودة في اللغة الإنجليزية".

وكذلك علّق دوان إيه إيفان، وكيل وزارة العدل بالولايات المتحدة للمنطقة الشرقية من ولاية لويزيانا، قائلًا: "أثبتت المحكمة العُليا في لويزيانا LASC، بالإجراءات التي اتخذتها، التزامًا بضمان توفير إمكانية الوصول إلى محاكم الولاية في لويزيانا لـ LEP". وأضاف قائلًا: "يلتزم مكتبي بالتصدي لجميع أشكال التمييز، ويشمل ذلك التمييز ضد LEP".

من الجدير بالذكر أن LASC اتخذت عددًا من الإجراءات لإعداد برنامج تواصل لغوي وتنفيذه، وتوسيع نطاق توافر خدمات المساعدة اللغوية المجانية لـ LEP في ولاية لويزيانا. وأنشأت LASC Office of Language Access (مكتب التواصل اللغوي) واعتمدت Language Access Plan (خطة التواصل اللغوي) الأولى لمحاكم ولاية لويزيانا. وكذلك أنشأت LASC نظامًا لشكاوى التواصل اللغوي مركزيًا بالإضافة إلى توفير نموذج شكوى عبر الإنترنت بعدة لغات غير الإنجليزية. وبالنسبة لموظفي المحاكم، أعدت LASC برامج تدريبية بشأن التواصل اللغوي، وأيضًا بطاقة معلومات قضائية تركز على إمكانية الوصول إلى المترجمين الشفويين لدى المحكمة، وغيرها من موارد التواصل اللغوي. وعلاوة على ذلك، نجحت LASC في الدعوة إلى تغيير قانون الولاية الذي سمح للمحاكم بفرض رسوم على LEP مقابل تكلفة توفير مترجم شفوي، ثم تبنت قواعد جديدة للمحاكم بناءً على هذا التغيير في قانون الولاية.

تعاونت Civil Rights Division (دائرة الحقوق المدنية) بوزارة العدل ومكتب وكيل وزارة العدل بالولايات المتحدة للمنطقة الشرقية من ولاية لويزيانا في بحث هذه المسألة. وتتوفر معلومات إضافية عن Civil Rights Division على موقعها الإلكتروني على هذا الرابط www.justice.gov/crt، كما تتوفر معلومات عن الكفاءة المحدودة في اللغة الإنجليزية LEP وTitle VI على www.lep.gov. ويمكن لأفراد الجمهور الإبلاغ عن انتهاكات الحقوق المدنية المحتملة على https://civilrights.justice.gov/report/.

Press Release in English

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A Queens man was sentenced for participating in a scheme to mail fraudulent prize notices that tricked consumers into paying fees for falsely promised cash prizes.

Scott Gammon, 48, of Broad Channel, New York, was sentenced today to 36 months in prison, followed by two years of supervised release. The sentence was imposed by U.S. District Judge Joan M. Azrack, who also ordered Gammon to forfeit $139,611.97.

According to court documents, from August 2014 through August 2019, Gammon engaged in a direct-mail scheme that sent fraudulent prize notification mailings to thousands of consumers. The mailings induced consumers to pay a fee, purportedly in return for a large cash prize. None of the consumers who sent a fee ever received such a prize. 

“Participants in fraud schemes face the prospect of federal prison,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to protecting elderly and vulnerable Americans and to prosecuting individuals who engage in such schemes.”

“Financially exploiting the elderly and other victims through fraudulent prize schemes is a form of abuse and deserving of punishment as today’s sentence demonstrates,” said U.S. Attorney Breon Peace for the Eastern District of New York. “A term in prison should deter others from preying on the vulnerable.”

“Today’s sentencing brings to a close the investigation of Mr. Gammon, who devised a fake prize promotion scheme designed to defraud older Americans and steal from those who believed they had won a prize,” said Inspector in Charge Daniel B. Brubaker of the U.S. Postal Inspection Service (USPIS) New York Division. “Unfortunately, for those who participated, they realized too late that they had been swindled. When a prize did not materialize, and their money was not returned, they became victims. Postal Inspectors remind consumers to be ever vigilant and play an active role in protecting their money. If you’re asked to pay for a prize you didn’t enter to win, it’s a scam.”

Two other defendants also pleaded guilty to conspiracy to commit mail fraud for participating in the scheme. Christopher King, 37, of Oceanside, New York, and Natasha Khan, 39, of Elmont, New York, are scheduled to be sentenced at a later date.

The USPIS investigated the case.

Trial Attorneys Daniel Zytnick and Timothy Finley of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Charles P. Kelly for the Eastern District of New York are prosecuting the case. Assistant U.S. Attorney Tanisha Payne for the Eastern District of New York's Asset Recovery Section is handling forfeiture matters.

The department’s extensive and broad-based efforts to combat elder fraud seek to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors, and other seniors who can use that information to protect themselves.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who 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 staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.

Note : Ce communiqué de presse a été traduit dans différentes langues. Voir les pièces jointes ci-dessous.

Le Ministère de la Justice a annoncé aujourd’hui la résolution d’une affaire impliquant le Tribunal suprême de Louisiane (Louisiana Supreme Court, LASC) en se fondant sur les actions prises par le LASC pour améliorer l’accès aux procédures et opérations judiciaires des tribunaux d’État pour les personnes ayant une connaissance limitée de l’anglais (limited English proficiency, LEP).

En mai 2019, le Ministère de la Justice et le LASC avaient passé un Mémorandum d'accord (Memorandum of Agreement, MOA) dans le cadre d’une plainte déposée en vertu du chapitre VI de la Loi sur les droits civils de 1964 (Title VI of the Civil Rights Act, Title VI). Title VI est une loi fédérale qui interdit toute discrimination basée sur la race, la couleur, et l’origine nationale à tous les bénéficiaires d’une aide financière fédérale, y compris les tribunaux d’État. Depuis la signature du MOA, la LASC a pris un certain nombre de mesures correctives pour améliorer l’accès des usagers LEP des tribunaux dans toute la Louisiane.

« Les tribunaux de l’ensemble de notre pays doivent veiller à ce que leurs portes soient ouvertes à tous, y compris aux personnes ayant une connaissance limitée de l’anglais, » a déclaré Kristen Clarke, procureure générale adjointe du Département des droits civils du Ministère de la Justice. « Nous continuerons à travailler pour nous assurer que les tribunaux, tels que le Tribunal suprême de Louisiane, disposent des politiques, pratiques, interprètes et autres ressources indispensables pour garantir l’accès à la justice des personnes ayant une connaissance limitée de l’anglais. »

« Par ses actions, le Tribunal suprême de Louisiane a montré son engagement en faveur de l’accès aux tribunaux d’État de Louisiane des personnes LEP, » a affirmé Duane A. Evans, procureur des États-Unis pour le district est de la Louisiane. « Mon bureau s’engage à combattre toutes les formes de discrimination, y compris la discrimination à l’encontre des personnes LEP. » 

Le LASC a pris un certain nombre de mesures pour élaborer et mettre en place un programme d’accès linguistique et pour élargir la disponibilité des services d’assistance linguistique pour les personnes LEP en Louisiane. Le LASC a établi un Office of Language Access (Bureau d’accès linguistique)  et adopté le premier Language Access Plan (plan d’accès linguistique) pour les tribunaux de Louisiane. Le LASC a également créé et centralisé un système de plainte concernant l’accès linguistique avec un formulaire de plainte en ligne en plusieurs langues autres que l’anglais. Pour le personnel des tribunaux, le LASC a développé des programmes de formation sur l’accès linguistique, des directives axées sur l’accès aux interprètes judiciaires et d’autres ressources en matière d’accès linguistique. Par ailleurs, le LASC a milité avec succès en faveur de la modification d’une loi d’État qui autorisait les tribunaux à facturer aux personnes LEP le coût d’un interprète, puis a adopté un nouveau règlement du tribunal fondé sur ce changement de législation de l’État.

Cette affaire a été menée conjointement par la Civil Rights Division (Département des droits civils) du Ministère de la Justice et le Bureau du procureur des États-Unis du district est de la Louisiane. Des informations complémentaires sur la Civil Rights Division sont disponibles sur son site Web à l’adresse www.justice.gov/crt et des ressources sur la connaissance limitée de l’anglais et le Title VI sont disponibles à l’adresse www.lep.gov. Les citoyens peuvent signaler toute éventuelle violation des droits civils à l’adresse https://civilrights.justice.gov/report/.

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Note: View the Spanish release here.

The Justice Department announced today that it has reached a settlement agreement with Corp IV Holdings Inc., doing business as Masterson Staffing Solutions (Masterson Staffing), a staffing company based in Minnesota. The agreement resolves the department’s determination that Masterson Staffing violated the Immigration and Nationality Act (INA) by routinely discriminating against its non-U.S. citizen workers when checking their permission to work in the United States.

“When employees present legally acceptable documentation to demonstrate their permission to work, employers cannot demand different or additional documents because of the employees’ citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue the important work of ensuring that workers do not face unlawful barriers to employment.”

Under the terms of the agreement, Masterson Staffing will pay a civil penalty of $250,000 to the United States, and make $100,000 available for a back pay fund to compensate victims of Masterson Staffing’s alleged discriminatory practices. Additionally, Masterson Staffing will train staff on the INA’s anti-discrimination provision, modify its policies, and be subject to quarterly reporting requirements.

The department’s investigation determined that Masterson Staffing routinely required specific documents from newly-hired non-U.S. citizens to prove their permission to work in the United States even though Federal law allows workers to choose among legally acceptable documents, regardless of citizenship, immigration status, or national origin. Specifically, the department found that Masterson Staffing required lawful permanent residents to show their Permanent Resident Cards (sometimes known as green cards), and other non-U.S. citizens to show their Employment Authorization Documents (sometimes known as work permits). At least one asylee lost work because of this discriminatory practice. The department also found that Masterson Staffing routinely required certain lawful permanent residents to show unnecessary documents to prove their continued permission to work.

The INA’s anti-discrimination provision prohibits employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. Indeed, many non-U.S. citizens, including lawful permanent residents, refugees, and asylees, are eligible for several of the same types of documents to prove their permission to work as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards). Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine. In addition, if a lawful permanent resident provides an unexpired permanent resident card to prove their permission to work, employers must not request new documentation if the permanent resident card later expires. The INA prohibits employers from unnecessarily reverifying a worker’s permission to work.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and 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 verifying permission to work 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 to GovDelivery to receive updates from IER.

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Note: This press release has been translated into several languages. See the attached files.

The Justice Department announced today the resolution of a matter involving the Louisiana Supreme Court (LASC) based on actions LASC has taken to improve access to state court proceedings and operations for people with limited English proficiency (LEP).

In May 2019, the Justice Department and LASC entered into a Memorandum of Agreement (MOA) to address a complaint under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI is a federal law that prohibits discrimination on the basis of race, color and national origin by any recipients of federal financial assistance, including state courts. Since the MOA was signed, LASC has taken a number of remedial actions to improve access for court users across Louisiana who are LEP.

“Courts across our country must ensure that the courthouse door is open to all, including people with limited English proficiency,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue working to ensure that court systems, like the Louisiana Supreme Court, have the policies, practices, interpreters and other resources necessary to ensure access to justice for people with limited English proficiency.”

“With its actions, the Louisiana Supreme Court demonstrated a commitment to ensuring access to state courts in Louisiana for persons who are LEP,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “My office is committed to addressing all forms of discrimination, including discrimination against persons who are LEP.” 

LASC has taken a number of actions to develop and implement a language access program and expand the availability of free language assistance services for people with LEP in Louisiana. LASC established an Office of Language Access and adopted the first Language Access Plan for Louisiana courts. LASC also created a centralized language access complaint system with an online complaint form in several non-English languages. For court staff, LASC developed training programs on language access, a judicial bench card focusing on access to court interpreters, and other language access resources. Further, LASC successfully advocated for a change to a state law that had allowed courts to charge people with LEP for the cost of an interpreter and then adopted new court rules based on that change in state law.

This matter was conducted jointly by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Louisiana. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.

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Today, Attorney General Merrick B. Garland announced that Colonel Hugh T. Clements Jr. has been appointed to serve as the new Director of the Office of Community Oriented Policing Services (COPS Office). The COPS Office is the component of the Justice Department responsible for advancing the practice of community policing by the nation’s state, local, territorial, and Tribal law enforcement agencies through information and grant resources.  

“The Department’s COPS Office is central to our efforts to strengthen the public trust between communities and law enforcement that is essential to public safety, and I am pleased to announce that Chief Hugh Clements, a nearly 40-year veteran of the Providence Police Department, will be serving as its next Director,” said Attorney General Merrick B. Garland. “I am confident that Chief Clements’s leadership will further enable the COPS Office to continue its important work to keep our communities safe and build trust and mutual respect between police and communities, and I look forward to working alongside him. I am deeply grateful to Rob Chapman for his leadership as Acting COPS Director, his contributions to community policing, and his continued service to the Justice Department.”

Mr. Clements joins the Justice Department after nearly 40 years with the Providence Police Department in Providence, Rhode Island. Mr. Clements started his distinguished public safety career as a night Patrol Officer in Providence’s Uniform Division. Over the next 17 years, he rose through the ranks, working in both the Special Investigations Bureau and the Detective Bureau, where he played active roles in several major investigations. He later served as Deputy Chief and was appointed as Acting Chief of Police in July 2011, and on Jan. 6, 2012, he was appointed as the 37th Chief of the Department and promoted to the rank of Colonel.

Mr. Clements has worked closely with major law enforcement, civil rights, and community organizations. He is the recipient of numerous commendations for outstanding police work and devotion to duty, including being recognized with the Providence Police Department Chief’s Award three times and the White House Champions of Change Award for Reducing Drug Use and Building a Healthier America.

Mr. Clements received a Bachelor of Arts degree in Sociology from the University of Rhode Island and a Bachelor of Science degree in the Administration of Justice from Roger Williams University. He holds a Master of Science degree in criminal justice from Boston University. He attended many specialty schools throughout his career, including the New York State Police Williams Homicide School, the Illinois State Police Supervisor’s School, and the ATF National Gang School in California, and in 2005 he graduated from the Senior Management Institute for Police put on by the Harvard Kennedy School at Boston University.

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local, and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.

A dual citizen of the United States and Syria who evaded arrest for over two decades pleaded guilty today in the District of Columbia for his role in a conspiracy to defraud the United States and to pay gratuities to a federal public official.

According to court documents, between 1993 and 1998, Ammar Kanaan, 61, of Dubai, United Arab Emirates, while working as a private sector contractor providing transportation engineering services to the U.S. Department of Transportation’s (DOT) Federal Highway Administration (FHWA), engaged in a scheme to provide unlawful cash payments and money orders to an FHWA official. To reimburse themselves for the funds paid to the public official, Kanaan and other contractors – with the official’s permission – submitted false invoices through which they obtained FHA funds to which they were not entitled.

Shortly after federal agents interviewed Kanaan about this conduct in 1998, he fled to Syria and then subsequently to the United Arab Emirates. Kanaan successfully challenged extradition in both countries. Through the dedicated efforts of federal law enforcement, however, Kanaan was ultimately located and arrested by Italian authorities while traveling in Italy in August 2022. Italian authorities extradited Kanaan back to the United States on Jan. 5.

Kanaan pleaded guilty to conspiracy to defraud the United States and to pay gratuities. He is scheduled to be sentenced on May 19 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Justice Department’s Office of International Affairs and Italian Ministry of Justice, the Prosecutor’s Office of the Court of Appeal of Milan, and Italian law enforcement authorities provided invaluable assistance. The U.S. Marshals Service transported Kanaan back to the United States, with valuable support from the State Department’s Diplomatic Security Service.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, Assistant Director in Charge David Sundberg of the FBI Washington Field Office, and Special Agent in Charge Craig Miles of the DOT Office of Inspector General (DOT-OIG), Mid-Atlantic Region made the announcement.

The FBI Washington Field Office and DOT-OIG are investigating the case.

Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section is prosecuting the case.

Nota: Este comunicado de prensa ha sido traducido a varios idiomas. Consulte los archivos adjuntos.

El Departamento de Justicia anunció hoy la resolución de un asunto que atañe a la Corte Suprema de Luisiana (LASC, por sus siglas en inglés) basado en medidas que la LASC ha tomado para mejorar el acceso a procesos judiciales estatales y operaciones para individuos que no dominan el inglés (LEP, por sus siglas en inglés).

En mayo de 2019, el Departamento de Justicia y la LASC celebraron un Memorando de entendimiento (MOA, por sus siglas en inglés) para resolver un reclamo relacionado con el Título VI de la Ley de Derechos Civiles de 1964 (Title VI of the Civil Rights Act of 1964, Title VI). El Title VI es una ley federal que prohíbe la discriminación por motivos de raza, color y nacionalidad de beneficiarios de asistencia económica federal, incluidos los tribunales estatales. Desde que se firmó el MOA, la LASC ha tomado varias medidas correctivas para mejorar el acceso a individuos LEP que necesitan hacer uso de los tribunales de Luisiana.

“Los tribunales de todo el país deben garantizar que sus puertas estén abiertas para todos, incluidas las personas que no dominan el inglés” manifestó la Fiscal General Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Seguiremos trabajando para garantizar que los sistemas judiciales, como la Corte Suprema de Luisiana cuenten con las políticas, las prácticas, los intérpretes y otros recursos necesarios para garantizar el acceso a la justicia para personas que no dominan el inglés”.

“A través de sus acciones, la Corte Suprema de Luisiana demostró un compromiso para garantizar el acceso a los tribunales estatales en Luisiana para individuos LEP”, explicó el Fiscal Federal para el distrito este de Luisiana, Duane A. Evans. “Mi oficina asume el compromiso de eliminar todas las formas de discriminación, incluida la discriminación de personas LEP”. 

La LASC ha tomado varias medidas para desarrollar e implementar un programa de acceso lingüístico y expandir la disponibilidad de servicios gratuitos de asistencia lingüística para personas LEP en Luisiana. La LASC estableció una Office of Language Access (Oficina de Acceso Lingüístico)  e implementó el primer Language Access Plan (Plan de Acceso Lingüístico) en los tribunales de Luisiana. La LASC también creó un sistema centralizado de reclamos sobre el acceso lingüístico con un formulario de reclamo digital en varios idiomas diferentes del inglés. Para el personal judicial, la LASC desarrolló programas de capacitación sobre el acceso lingüístico, una ficha informativa judicial que se centra en el acceso a intérpretes judiciales y otros recursos de acceso lingüístico. Además, la LASC propuso y logró un cambio en una ley estatal que les permitía a los tribunales cobrarles a las personas LEP el costo de un intérprete, y adoptó nuevas normas judiciales en función de este cambio en la ley estatal.

Este asunto fue llevado a cabo conjuntamente por la Civil Rights Division (División de Derechos Civiles) del Departamento de Justicia y la Oficina de los Fiscales de los Estados Unidos para el distrito este de Luisiana. Hay información adicional disponible sobre la Civil Rights Division en su sitio web, www.justice.gov/crt, y hay información disponible sobre el dominio limitado del idioma inglés y el Title VI en www.lep.gov. Las posibles violaciones a los derechos civiles pueden denunciarse en https://civilrights.justice.gov/report/.

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El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Corp IV Holdings Inc., que opera como Masterson Staffing Solutions (Masterson Staffing), una agencia de contrataciones con sede in Minnesota. El acuerdo resuelve la determinación del Departamento que Masterson Staffing vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) al discriminar de manera rutinaria a trabajadores no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos.

«Cuando los empleados presentan documentación legalmente aceptable a fin de demostrar su permiso para trabajar, los empleadores no pueden requerir documentos específicos o innecesarios por motivos de su ciudadanía o estatus migratorio», manifestó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá el trabajo importante de garantizar que los trabajadores no enfrenten barreras ilegales al empleo».

Según los términos del acuerdo, Masterson Staffing pagará una sanción civil de $250,000 a los Estados Unidos, y destinará $100,000 para un fondo de pagos retroactivos, a fin de indemnizar a las víctimas de las supuestas prácticas discriminatorias de Masterson Staffing. Asimismo, Masterson Staffing capacitará al personal sobre la disposición antidiscriminatoria de la INA, cambiará sus políticas y se someterá a la supervisión trimestral.

La investigación del Departamento determinó que Masterson Staffing, de manera rutinaria, requería documentos específicos de los no ciudadanos de los EE. UU. recién contratados a fin de probar que tenían permiso para trabajar en los Estados Unidos aunque la ley federal permite a los trabajadores elegir entre documentos legalmente aceptables independientemente de su ciudadanía, estatus migratorio o nacionalidad de origen. En concreto, el Departamento encontró que Masterson Staffing requería que los residentes permanentes legales mostraran sus tarjetas de residente permanente (conocidas algunas veces como tarjetas verdes), y que otros no ciudadanos de los EE. UU. mostraran sus Documentos de Autorización para Trabajar (conocidos algunas veces como permisos de trabajo). Al menos un asilado perdió trabajo debido a esta práctica discriminatoria. El Departamento también encontró que Masterson Staffing, de manera rutinaria, requería que algunos residentes permanentes legales mostraran documentos innecesarios a fin de probar que seguían con permiso para trabajar.

La disposición antidiscriminatoria de la INA prohíbe que los empleadores soliciten documentos específicos por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de un trabajador. En efecto, muchos no ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. para demostrar su permiso para trabajar (tales como licencias de conducir y tarjetas de Seguro Social sin restricciones). 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. Además, si un residente permanente legal proporciona una tarjeta de residente permanente para demostrar que tiene permiso para trabajar, los empleadores no deben pedir nuevos documentos si la tarjeta de residente permanente llega a vencerse.

La Sección de Derechos de Inmigrantes y Empleados (IER) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.

Aprenda más sobre el trabajo de la IER y cómo conseguir ayuda mediante este vídeo corto. Encuentre más información en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación durante el proceso de verificación de su permiso para trabajar. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su ciudadanía, estatus migratorio 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 GovDelivery.

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Hôm nay, Sở Tư Pháp công bố cách giải quyết cho vấn đề liên quan đến Tòa Án Tối Cao Bang Louisiana (Louisiana Supreme Court, LASC) dựa trên các hành động LASC đã thực hiện để cải thiện khả năng những người có trình độ tiếng Anh hạn chế (limited English proficiency, LEP) tiếp cận các thủ tục tố tụng và hoạt động của tòa án tiểu bang.

Vào tháng 5 năm 2019, Sở Tư Pháp và LASC đã ký Biên Bản Thỏa Thuận (Memorandum of Agreement, MOA) để giải quyết khiếu nại theo Đề Mục VI của Đạo Luật Dân Quyền 1964 (Đề Mục VI) (Title VI of the Civil Rights Act of 1964, Title VI). Title VI là luật liên bang, nghiêm cấm bất kỳ bên nhận hỗ trợ tài chính liên bang nào, kể cả tòa án tiểu bang, phân biệt đối xử dựa trên chủng tộc, màu da và nguồn gốc quốc gia. Kể từ khi ký kết MOA, LASC đã thực hiện một số hành động khắc phục hậu quả để cải thiện khả năng tiếp cận của những người LEP sử dụng tòa án trên khắp Louisiana.

Trợ Lý Tổng Chưởng Lý Kristen Clarke thuộc Ban Dân Quyền của Sở Tư Pháp cho biết: “Các tòa án trên khắp đất nước chúng ta phải đảm bảo rằng cánh cửa tòa án mở rộng cho tất cả mọi người, kể cả những người có trình độ Tiếng Anh hạn chế. Chúng tôi sẽ tiếp tục nỗ lực để chắc chắn rằng hệ thống tòa án, như Tòa Án Tối Cao Louisiana, có các chính sách, cách làm, thông dịch viên và nguồn lực cần thiết khác nhằm đảm bảo những người LEP có thể tiếp cận hệ thống tư pháp.”

Luật Sư Hoa Kỳ Duane A. Evans cho Quận Phía Đông Louisiana phát biểu: “Bằng các hành động của mình, LASC đã thể hiện cam kết đảm bảo cá nhân LEP có thể tiếp cận các tòa án tiểu bang ở Louisiana. Văn phòng của tôi cam kết giải quyết mọi hình thức phân biệt đối xử, bao gồm hành vi phân biệt đối xử với những người LEP.” 

LASC đã thực hiện một số hành động để phát triển và triển khai chương trình tiếp cận ngôn ngữ, đồng thời mở rộng phạm vi cung cấp dịch vụ hỗ trợ ngôn ngữ miễn phí cho những người LEP ở Louisiana. LASC thành lập Office of Language Access (Văn Phòng Tiếp Cận Ngôn Ngữ) và thông qua Language Access Plan (Chương Trình Tiếp Cận Ngôn Ngữ) đầu tiên cho các tòa án ở Louisiana. LASC cũng tạo ra hệ thống khiếu nại tiếp cận ngôn ngữ tập trung với mẫu đơn khiếu nại trực tuyến bằng một số ngôn ngữ không phải tiếng Anh. Đối với nhân viên tòa án, LASC phát triển chương trình đào tạo về khả năng tiếp cận ngôn ngữ, thẻ câu hỏi của thẩm phán tư pháp tập trung vào quyền tiếp cận dịch vụ thông dịch viên tòa án và nguồn tiếp cận ngôn ngữ khác. Ngoài ra, LASC ủng hộ thành công quyết định thay đổi luật tiểu bang, trong đó luật này cho phép các tòa án tính phí cá nhân LEP dùng dịch vụ thông dịch viên, sau đó thông qua các quy tắc mới của tòa án dựa trên thay đổi nói trên trong luật tiểu bang.

Civil Rights Division (Ban Dân Quyền) thuộc Sở Tư Pháp đã phối hợp với Văn phòng Luật sư Hoa Kỳ thuộc Quận Phía Đông của Louisiana để giải quyết vấn đề này. Thông tin bổ sung về Civil Rights Division có trên trang web tại www.justice.gov/crt, còn thông tin về LEP và Title VI có tại www.lep.gov. Công chúng có thể báo cáo hành vi vi phạm dân quyền có thể xảy ra tại https://civilrights.justice.gov/report/.

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An Arkansas man pleaded guilty today to attempting to evade the assessment of federal income taxes.

According to court documents, Ronald Clark, of Bella Vista, owned and operated Clark Overhead Doors, a garage door service company. From 2015 to 2020, Clark evaded the assessment of federal income and employment taxes by operating his business in cash, dealing extensively in currency, and failing to file individual income tax and employment tax returns. In total, the defendant caused a tax loss to the IRS of approximately $236,791.

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

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

IRS-Criminal Investigation is investigating the case.

Trial Attorney Wilson Stamm and Assistant Chief Greg Tortella of the Justice Department’s Tax Division are prosecuting the case.

SOUTH BEND – Dustin Hartline, 29 years old, of South Bend, Indiana, was sentenced by United States District Court Judge Robert L. Miller, Jr. after pleading guilty to carjacking and discharging a firearm during a crime of violence, announced United States Attorney Clifford D. Johnson.

Hartline was sentenced to 169 months in prison followed by 3 years of supervised release. 

According to court filed documents, in February 2022, Hartline ordered a ride through a rideshare company. After the rideshare driver picked him up and drove him to his destination, Hartline pressed a loaded pistol into the driver’s body. Hartline threatened the driver and as the driver was pleading for his/her vehicle, Hartline fired a round from the pistol into the ground. Hartline then drove away in the car.  Using information from the driver’s cell phone left in the stolen car, law enforcement officers were able to track Hartline to a residence in Niles, Michigan, where he was arrested.  The stolen car and the firearm Hartline used – which likewise had been stolen-- were recovered when Hartline was arrested. A factor in the imposed sentence was Hartline’s recent criminal history of multiple felony convictions for grand theft of a motor vehicle, resisting law enforcement, and fleeing a police officer.

“Carjacking of rideshare drivers is a violent crime that is increasing as the public’s use of those services becomes commonplace. Frequently, as here, perpetrators use firearms as part of the carjacking.  Fortunately, the driver that Mr. Hartline victimized was not physically hurt, but whenever a gun is discharged during a crime, all the ingredients for deadly consequences are present,” said United States Attorney Clifford D. Johnson.  “My Office and our law enforcement partners will cooperatively utilize all combined resources to bring such lawless, violent and dangerous criminals to justice.”

“Today’s sentencing demonstrates the FBI’s commitment to investigating cases of violent crime to protect innocent victims and sends the message these crimes will not be tolerated,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The teamwork between the FBI and our law enforcement partners ensured there is one less predator on the street and helped make our communities safer.”

This case was investigated by the Federal Bureau of Investigation with the assistance of the South Bend Police Department and the Niles Michigan Police Department.  This case was prosecuted by Assistant United States Attorney Molly E. Donnelly.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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