District Not Recorded

Commercial Carpet Consultants Inc., a Chicago-based commercial flooring contractor, and its former president, Jerry P. Watson, have been charged for a long-running conspiracy to rig bids and fix prices for commercial flooring products and services.

Commercial Carpet Consultants Inc. pleaded guilty to a violation of the Sherman Antitrust Act and agreed to pay a $1.2 million criminal fine. It is the fourth corporation charged in the ongoing investigation. Jerry P. Watson also pleaded guilty and is the sixth individual to plead guilty in the investigation.

“The Antitrust Division and its law enforcement partners are committed to safeguarding competition in the American marketplace,” said Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division. “These latest guilty pleas in the government’s investigation demonstrate our commitment to prosecuting anticompetitive conduct and holding companies and executives accountable.”

“There is no place for illegal price-fixing in the American marketplace,” said Special Agent in Charge Emmerson Buie Jr. of the FBI’s Chicago Field Division. “Anyone looking to profit by market manipulation should know that we won’t stop investigating unlawful collusion until justice is done.”

According to the one-count felony charge and plea agreements filed in U.S. District Court in Chicago, Illinois, from at least as early as 2009 until at least June 22, 2017, the defendants engaged in a conspiracy to suppress and eliminate competition in the commercial flooring market by agreeing with other companies and individuals to submit complementary bids so that the designated company would win the contract.

A violation of the Sherman Act carries a statutory maximum penalty of a $100 million criminal fine for corporations. For individuals, violations of the Sherman Act carry maximum penalties of 10 years in prison and a $1 million criminal fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either of those amounts is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The charges are the result of an ongoing federal antitrust investigation into bid rigging, price fixing and other anticompetitive conduct in the commercial flooring industry, conducted by the Antitrust Division’s Chicago Office and the FBI’s Chicago Field Division.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

The Department of Justice, U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) (the Agencies) announced today the withdrawal of the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2019 Statement). After considering public input on the 2019 Statement and possible revisions, the Agencies have concluded that withdrawal of the 2019 Statement is the best course of action for promoting both competition and innovation in the standards ecosystem.

On Jan. 8, 2013, the Antitrust Division of the Department of Justice and the U.S. Patent and Trademark Office (USPTO) issued a Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments (2013 Statement). On Dec. 19, 2019, the Agencies withdrew the 2013 Statement and issued the 2019 Statement, which offered the views of the Agencies and expressly recognized that it had “no force or effect of law.” 

In July 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy noting that, “[a] fair, open, and competitive marketplace has long been a cornerstone of the American economy.” He encouraged the Agencies to review the 2019 Statement to ensure that it adequately promoted competition.

In response to the Executive Order, on Dec. 6, 2021, the Agencies issued a Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments and a request for public comments through a Dec. 6, 2021 news release, extending the deadline for comments in a Dec. 13, 2021 news release. The Agencies thank the wide range of individuals, organizations and other stakeholders who submitted comments, all of which have been considered.

After a review of those comments and a collaborative deliberation on how best to proceed, the Agencies are announcing the withdrawal of the 2019 Statement. As noted in the Withdrawal of the 2019 Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments, “[a]fter considering potential revisions to that statement, the Agencies have concluded that withdrawal best serves the interests of innovation and competition.” 

“The U.S. Patent and Trademark Office is focused on creating incentives to generate more innovation, especially in underserved communities and in key technology areas, and maximizing that innovation’s widespread impact,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “Forging our global leadership in new industries cannot happen without greater investment in research and development in technologies that may become international standards. We also need greater U.S. engagement in global standards-setting organizations from our large multi-national companies, as well as from small- to medium-sized businesses and start-ups. I stand behind any measure that will enable innovation that will drive sustainable, long term growth in the U.S. economy.”

“The withdrawal of the 2019 Statement will strengthen the ability of U.S. companies to engage and influence international standards that are essential to our nation’s technology leadership and that will enable the global technology markets of today and tomorrow,” said Under Secretary of Commerce for Standards and Technology and NIST Director Laurie E. Locascio. “A common thread in so many of the thoughtful stakeholder comments we received is a commitment to America’s industry-led, voluntary, consensus-based approach to standards development. This approach consistently delivers the best technical solutions, and I wholeheartedly support it.”

“The Antitrust Division will carefully scrutinize opportunistic conduct by any market player that threatens to stifle competition in violation of the law, with a particular focus on abusive practices that disproportionately affect small and medium sized businesses or highly concentrated markets,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “I am hopeful our case-by-case approach will encourage good-faith efforts to reach F/RAND licenses and create consistency for antitrust enforcement policy so that competition may flourish in this important sector of the U.S. economy.”

In exercising its law enforcement role, the Justice Department will review conduct by standards essential patent (SEP) holders or standards implementers on a case-by-case basis to determine if either party is engaging in practices that result in the anticompetitive use of market power or other abusive processes that harm competition. In addition, in accord with President Biden’s Executive Order, the Agencies plan to continue to cooperate as appropriate on matters that affect the intersection of competition, standards development and intellectual property rights. 

Standards-developing organizations (SDOs) and the widespread and efficient licensing of SEPs on reasonable and non-discriminatory (RAND) or fair, reasonable and non-discriminatory (FRAND) terms (collectively F/RAND) help to promote technological innovation, further consumer choice, and enable industry competitiveness, including in emerging technologies and by new and small-to medium-sized market entrants. 

SDOs may require parties participating in the standards development process to voluntarily commit to making patents essential to the standard available on F/RAND terms. The specific F/RAND commitments are contractual obligations that vary by SDO. U.S. laws and regulations govern the interpretation of those contractual obligations and otherwise govern the conduct of parties participating in SDOs. 

The United States has filed a complaint in the U.S. District Court for the Southern District of Florida seeking to bar three Miami tax return preparers from owning or operating a tax return preparation business and preparing federal income tax returns for others, as well as to require the defendants to disgorge the fees they received for fraudulently prepared returns.

The civil complaint was filed against Cindy Odige, Rudy Aly, Rhonda Hudge and TUPS Tax LLC. According to the complaint, Odige, Aly and Hudge prepared and filed tax returns that falsely understated their customers’ federal income tax liabilities by fabricating businesses and related business expenses; making up education, fuel, residential energy, qualified and family sick leave, and mortgage interest credits; and inventing household help income and business losses to maximize customers’ Earned Income Tax Credits.

According to the complaint, the defendants prepared thousands of tax returns for tax years 2015 through 2020. The complaint alleges that the IRS reviewed income tax returns for 98 of the defendants’ customers and found that returns for 85 of those customers had fraudulent or fabricated information, often included without the customers’ knowledge or consent. As a result, the complaint alleges, the defendants have cost the United States lost tax revenue, as well as the time and resources necessary to investigate the fraudulent returns. The complaint further alleges that the defendants harmed their customers, who could potentially face large income tax debts and may be liable for penalties and interest.

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

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found 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 and the Environmental Protection Agency (EPA) announced a settlement under which Fred D. Godley Jr. and two of his companies – 436 Cone Avenue LLC and F.D. Godley Number Three LLC – will pay $1.25 million for government cleanup work at the Pineville Textile Mill Superfund Site in Pineville, North Carolina, and the Old Davis Hospital Superfund Site in Statesville, North Carolina.

The cleanup effort removed almost 4,000 tons of asbestos-contaminated debris from the Old Davis Hospital Superfund Site and oversaw the removal of asbestos-contaminated debris and drums of oil containing polychlorinated biphenyls (PCBs) from the Pineville Textile Mill Superfund Site. Asbestos and PCBs are carcinogenic hazardous substances and may pose risks to human health.

The Justice Department, on behalf of the EPA, sued the defendants in 2019 to recover the United States’ unpaid cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (also commonly known as “CERCLA” or “the Superfund law”). The United States’ complaint alleged that Godley’s companies owned and operated the two sites. The complaint further alleged that Godley, as the companies’ manager, also operated the sites and made the decision to demolish aged and dilapidated buildings without ensuring that asbestos was surveyed and safely removed before demolition began. These demolition activities caused the release and threat of release of asbestos and PCBs into the air and ground and potentially offsite into nearby residential neighborhoods. 

The settlement comes on the heels of a successful trial, completed in January in U.S. District Court in Charlotte, in which a jury returned a verdict finding Godley personally liable for the government’s costs at the Old Davis Hospital Superfund Site under the legal doctrine of piercing the corporate veil. 

“This settlement and the jury’s verdict send the message that an individual cannot hide behind the corporate shield when he creates and perpetuates a public health risk in the community,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. 

“EPA is committed to protecting communities by enforcing an individual’s obligations to properly manage and dispose of hazardous waste,” said EPA Region 4 Administrator Daniel Blackman. “This verdict reflects EPA’s continued commitment to protect human health and the environment by ensuring compliance with state and federal environmental laws.”

The consent decree requires Godley and his companies to reimburse the EPA $1.25 million in costs, and requires Godley to provide the EPA notice, information, and access and to ensure proper asbestos inspections and abatement whenever he undertakes future demolition activities on properties that he owns and/or controls, regardless of whether he does so in his individual capacity or on behalf of a business entity.

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

Today, the U.S. Department of Justice announced additional details regarding the critical incident review of the law enforcement response to the mass shooting on May 24 in Uvalde, Texas, which will be conducted by the Department’s Office of Community Oriented Policing Services (COPS Office). The goal of the review is to provide an independent account of law enforcement actions and responses; identify lessons learned and best practices to help first responders prepare for and respond to active shooter events; and provide a roadmap for community safety and engagement before, during, and after such incidents.

The assessment will examine issues including policies, training, communications, deployment and incident command, tactics, and practices as they relate to preparing for and responding to active shooter events, as well as the post-incident response. It will also include a review of survivor and victim family support and resources.

“Nothing can undo the pain that has been inflicted on the loved ones of the victims, the survivors, and the entire community of Uvalde,” said Attorney General Merrick B. Garland. “But the Justice Department can and will use its expertise and independence to assess what happened and to provide guidance moving forward.”

The COPS Office will lead the critical incident review with the support of a team of federal staff and subject matter experts. Those experts have extensive experience in a variety of relevant areas, including emergency management and active shooter response, school safety, incident command and management, tactical operations, officer safety and wellness, and victim and family support. Those experts include:

• Chief Rick Braziel (retired), Sacramento, Calif.
• Deputy Chief Gene Deisinger (retired), Virginia Tech, Va.
• Director of Public Safety Frank Fernandez (retired), Coral Gables, Fla.
• Albert Guarnieri, FBI Unit Chief.
• Major Mark Lomax (retired), Pennsylvania State Police, Pa.
• Laura McElroy, CEO, McElroy Media Group.
• Sheriff John Mina, Orange County, Fla.
• April Naturale, Assistant Vice President, Vibrant Emotional Health
• Chief Kristen Ziman (retired), Aurora, Ill.

The department is committed to moving as expeditiously as possible in the development of the report. The review team will carry out a number of critical steps, including developing a complete incident reconstruction, reviewing relevant documents (e.g., manuals, policies, videos, photos), conducting site visits, and interviewing a wide variety of stakeholders, including law enforcement, government officials, school officials, witnesses, families of the victims, and community members.

The findings, lessons learned, and recommendations contained in the report will be based on national standards and best and emerging practices in the field of policing, current research, community expectations, and innovative solutions tailored to the critical incident review. A final report will be issued at the completion of the review.

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 invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers.

The 12th defendant prosecuted as part of an extensive investigation into a dog-fighting and cocaine distribution network spanning three states was sentenced for his crimes in federal court today.

Shelley Johnson aka Gold Mouth, 40, of Macon, Georgia, was sentenced to 37 months in prison to be followed by three years of supervised release and a $25,000 fine by U.S. District Judge Tilman E. “Tripp” Self III after he previously pleaded guilty to conspiracy to participate in an animal fighting venture. As a condition of his supervised release, Johnson is prohibited from owning or possessing dogs. There is no parole in the federal system.

According to court documents, law enforcement investigated a criminal organization involved in both cocaine distribution and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until February 2020. In February2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog-fighting. A 136- count indictment was unsealed on Jan. 29, 2021, charging 11 individuals with various criminal activities. Three other individuals, including Johnson, were charged by criminal information.

During this time period, Johnson communicated with co-conspirator Jarvis Lockett about fighting and breeding dogs, dogs mauled and killed as a result of fighting, sharpening a dog’s teeth for fighting purposes, cash prizes for fights, and various topics detailing the business and the brutality of dog-fighting. Johnson attended a dog fight and participated as a handler inside the ring during the dog fight. Law enforcement executed a search warrant at Johnson’s Macon residence on Feb. 26, 2020, recovering 13 pit bull terrier type dogs with scarring consistent with dog-fighting. In addition, agents found evidence of dog fighting activities including a digital scale, weighted collars, heavy chains, ground stakes and a variety of medical supplies to treat animals for injuries sustained from dog fighting activities.

“Johnson participated in a brutal criminal enterprise that profited from the suffering of animals,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD).“Dog-fighting is a crime, and also closely associated with other serious crimes. The sentences in this prosecution show those who engage in this cruel and inhumane practice face significant prison time.”

“The brutality of dog-fighting alone is sickening; but this case demonstrates the strong union that exists between this bloody and inhumane business and the world of illegal gun and drug trafficking,” said U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our office is committed to not only prosecuting dog-fighting participants, but working alongside our federal, state and local law enforcement partners, we will root out the entire criminal network and hold them responsible for their crimes.”

“This investigation and prosecution should send a strong zero-tolerance message to those individuals involved in the inhumane torture of animals for entertainment,” said Special Agent in Charge Jason Williams, of the U.S. Department of Agriculture, Office of Inspector General (USDA-OIG). “We appreciate the collaboration with our law enforcement partners in pursing these purveyors of death and senseless suffering.”

The following co-conspirators have been convicted and sentenced in this case:

Lekey Davis, aka Kee Boo, 46, of Talbotton, Georgia, was sentenced to serve 210 months of imprisonment after pleading guilty to conspiracy to possess with intent to distribute cocaine and cocaine base;

Christopher Raines, aka Binky, 51, of Talbotton, was sentenced to serve 135 months of imprisonment to be followed by five years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine and cocaine base;

Jarvis Lockett, aka J-Rock, 41, of Warner Robins, Georgia, was sentenced to serve 10 years of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and cocaine distribution;

Derrick Owens, aka Doomie, 38, of Woodland, Georgia, was sentenced to serve 10 years of imprisonment after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine;

Jason Carter, 39, of Phoenix City, Alabama, was sentenced to serve 97 months of imprisonment after pleading guilty to conspiracy to possess with intent to distribute cocaine;

Vernon Vegas, 50, of Suwanee, Georgia, was sentenced to serve the maximum five years in prison to be followed by three years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;

Shaquille Bentley, 27, of Roberta, Georgia, was sentenced to serve four years of imprisonment after pleading guilty to use of a communication facility;

Rodrick Walton, aka Rodrie Walton, 42, of Shiloh, Georgia, was sentenced to serve two years of imprisonment after pleading guilty to conspiracy to participate in an animal fighting venture;

Reginald Crimes, 39, of Preston, Georgia, was sentenced to serve two years of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture;

Lee Benney, 55, of Reynolds, Georgia, was sentenced to serve 21 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and,

Bryanna Holmes, 25, of Fort Valley, Georgia, was sentenced to serve three years of probation after pleading guilty to use of a communication facility.

Assistant U.S. Attorney Will Keyes for the Middle District of Georgia and Trial Attorney Banu Rangarajan of ENRD’s Environmental Crimes Section prosecuted the case.

The case was investigated by ENRD, the Drug Enforcement Administration (DEA), USDA-OIG, the U.S. Marshals Service, the Georgia Bureau of Investigation (GBI), the Bibb County Sheriff’s Office, the Crawford County Sheriff’s Office, the Houston County Sheriff’s Office, the Merriweather County Sheriff’s Office, the Peach County Sheriff’s Office, the Taylor County Sheriff’s Office, the Webster County Sheriff’s Office, the Byron Police Department and the Fort Valley Police Department.

Planos para transformar um antigo lote industrial em um parque ribeirinho público podem em breve se tornar realidade para os moradores do local. Em 7 de junho de 2022, o Departmento de Justiça anunciou a abertura de um período de 30 dias para comentários públicos em um acordo que disponibilizaria um crédito à empresa BASF pela sua contribuição no desenho, construção e administração por 30 anos de um parque de cinco acres (2,02 hectares) no cruzamento da Clay Street e Passaic Avenue.

O crédito seria aplicado à responsabilidade civil da empresa BASF, sendo esta uma das mais de 100 partes cuja as atividades passadas contribuíram potencialmente para a contaminação e danos aos recursos naturais relacionados ao Site Diamond Alkali Superfund e à área de estudos de Berry’s Creek. A BASF é a primeira dessas partes potencialmente responsáveis nos sites a propor uma restauração precoce e proativa para tratar dessa suposta responsabilidade civil por danos aos recursos naturais.

O Departmento de Justiça, em nome dos Trustes, está solicitando comentários públicos para determinar o nível de apoio da comunidade para a implementação de um contrato de crédito com a BASF.

“Este acordo inovador irá tratar de décadas de danos aos recursos naturais decorrentes da contaminação industrial e trará vida a um espaço público saudável a ser desfrutado por gerações, disse Todd Kim, Procurador de Justiça da Divisão de Recursos Naturais e Meio Ambiente do Departamento de Justiça, e acrescentou, o Departamento de Justiça está empenhado em buscar justiça para as comunidades que sofrem injustamente com a contaminação nos Estdos Unidos. Este acordo traz, em curto prazo, benefícios duradouros às comunidades que poderiam levar muitos anos de litígio para serem alcançados.”

O projeto do parque melhoraria a qualidade de vida das comunidades e beneficiaria os animais silvestres ao converter um terreno industrial endurecido em florestas, gramados, áreas de pântano, e jardins de polinizadores interligados por passeios públicos e uma passarela elevada junto ao Rio Passaic. Se o acordo for aprovado, antecipa-se que o projeto de construção irá prosseguir e a abertura do parque ao público estaria prevista para o final de 2023 ou a primavera de 2024.

“Este parque irá fornecer um espaço verde necessário para comunidades urbanas que atualment enfrentam uma carência desses espaços, e melhorar as oportunidades de recreação e acesso ao rio, ajudando a conectar as pessoas à natureza em suas vizinhanças. O parque irá também criar e preservar áreas naturais junto ao Rio Passaic, o qual fornece habitats de forrageio, ninho e descanso para uma variedade de aves migratórias e animais silvestres” disse Wendi Weber, Diretora da Regional Noroeste da Serviço Federal de Pesca e Animais Silvestres,

Apesar do contrato de crédito não tratar de todos os danos decorrentes da contaminação, esta restauração precoce apresenta benefícios importantes no avanço das negociações de acordos ou litígios que com frequência levam anos para se finalizarem. O projeto de restauração do parque ribeirinho e o crédito para a avaliação dos danos aos recursos naturais estão acontecendo separadamente, mas em coordenação com as atividades de limpeza dos Sites, as quais estão sendo supervisionadas pela Agência de Proteção Ambiental dos Estados Unidos.

Este seria o primeiro projeto de restauração associado com a avaliação de danos aos recursos naturais realizada pelo governo federal e com as atividades de restauração relacionadas aos extensos Sites Diamond Alkali Superfund e a área de estudos de Berry’s Creek. O Serviço Federal de Pesca e Animais Silvestres e a Administração Nacional Oceânica e Atmosférica (NOAA) estão autorizados a agir em nome do público, como Trustes, quando danos aos recursos naturais acontecem. Os Trustes são a favor do contrato de crédito e dos benefícios previstos no projeto de melhoria da qualidade da água, criando habitats para aves e polinizadores, e aumentando o acesso do público ao rio, inclusive com oportunidades passivas e ativas de recreação para comunidades carentes desproporcionalmente impactadas pela contaminação.

“As atividades industriais dessas hidrovias de trabalho têm um legado de contaminação que afeta desproporcionalmente as comunidades carentes. Este parque ribeirinho de cinco acres representa um primeiro passo importante na restauração da função do ecosistema e do uso recreativo nas comunidades ao seu redor. A NOAA tem o prazer de se juntar à indústria e aos nossos parceiros locais e federais neste esforço”, comentou Nicole LeBoeuf, Diretora do Serviço Oceânico Nacional da NOAA.

Um Projeto Precoce de Restauração e Avaliação Ambiental para o projeto de parque proposto foi emitido pelos Trustes em julho de 2021, após os comentários públicos e análise. Durante todo este processo, os Trustes solicitaram e responderam os comentários públicos relacionados ao projeto proposto. O Contrato de Crédito, ou seja, o próximo passo nesse processo, é o mecanismo de vinculação e financiamento que implementa o Projeto Precoce de Restauração e Avaliação Ambiental Final para o parque proposto. Quando o projeto for finalizado e de acordo com os termos do contrato de crédito, a BASF poderá receber um crédito de $73,5 milhões, que poderão ser usados para a compensação parcial da suposta responsabilidade civil por danos aos recursos naturais em conformidade com a Lei de Resposta Ambiental Abrangente, Indenização e Responsabilidade Civil do Site Diamond Alkali Superfund e do cercano área de estudos de Berry’s Creek. Os Trustes prevêm que o projeto servirá de modelo à medida que outras partes potencialmente responsáveis considerem abordar proativamente a responsabilidade civil por danos aos recursos naturais.

O contrato de crédito estará disponível para comentários públicos por um período de 30 dias até XX de agosto de 2022. O Departamento de Justiça, ao considerar os comentários públicos, determinará se irá implementar o contrato de crédito. O acordo proposto pode ser examinado e baixado neste website: www.justice.gov/enrd/consent-decrees. Os comentários devem ser enviados ao Assistant Attorney General, Environment and Natural Resources Division, e devem constar como referência: In Re BASF and Trustees Interim Settlement Agreement, D.J. Ref. No. 90-11-3-07683/14. Os comentátios na proposta podem ser enviados até XX de Agosto de 2022 por e-mail ou via postal:

(1) Por e-mail: pubcomment-ees.enrd@usdoj.gov

(2) Por via postal:

Assistant Attorney General
U.S. DOJ – ENRD
P.O. Box 7611
Washington, D.C. 20044-7611

Uma reunião pública informativa virtual será realizada na noite do dia 15 de junho de 2022, e uma reunião presencial será realizada na noite do dia 28 de junho.

Mais informações sobre as próximas reuniões, o projeto do parque, o contrato de crédito, o processo de avaliação dos danos aos recursos naturais e o papel dos Trustes podem ser encontradas aqui: https://darrp.noaa.gov/EastNewarkRiverfrontPark.

O Departamento de Justiça avaliará todas as informações recebidas durante o período de comentários e anunciará uma decisão final no início de agosto.

Download Portuguese Release Translation

Los planes para convertir un antiguo sector industrial en un parque público frente al río pronto pueden convertirse en realidad para los residentes del área. El 7 de junio de 2022, el Departamento de Justicia anunció la apertura de un período de 30 días para recibir comentarios del público sobre un acuerdo que le acreditaría a la empresa BASF Corporation su contribución al diseño, la construcción y la administración durante 30 años de un parque de cinco acres (2,02 hectáreas) en la intersección de Clay Street y Passaic Avenue.

Ese crédito se calcularía hacia la responsabilidad de BASF como una de las más de 100 compañías cuyas actividades pasadas contribuyeron potencialmente a la contaminación y daños a los recursos naturales relacionados con el lugar de superfondo Diamond Alkali y el área de estudio de Berry's Creek. BASF es la primera de estas compañías potencialmente responsables en estos lugares que propone una restauración temprana y proactiva para abordar una porción de estas supuestas responsabilidades por daños a los recursos naturales.

El Departamento de Justicia, en nombre de los fideicomisarios, ahora solicita comentarios del público para establecer cuál es el apoyo de la comunidad para la implementación del acuerdo de acreditación con BASF.

“Este acuerdo innovador abordará los daños a los recursos naturales causados por décadas de contaminación industrial y dará vida a un espacio público saludable para el disfrute de generaciones”, dijo el fiscal general auxiliar Todd Kim de la división de Medio Ambiente y Recursos Naturales del Departamento de Justicia. “El Departamento de Justicia se compromete a buscar justicia para las comunidades que han cargado una injusta proporción de la contaminación en los Estados Unidos. Este acuerdo brinda, a corto plazo, beneficios duraderos a las comunidades que podrían haber demorado muchos años de litigio para lograrlo”.

El proyecto del parque mejoraría la calidad de vida de las comunidades y beneficiaría a la vida silvestre al convertir endurecidos terrenos industriales en bosques, praderas, humedales y jardines de polinizadores unidos por senderos y una pasarela elevada a lo largo del río Passaic. Si se aprueba el acuerdo, se anticipa que la construcción del proyecto procederá y el parque se inauguraría al público a fines de 2023 o en la primavera de 2024.

“Este parque proporcionará los espacios verdes necesarios para las comunidades urbanas que actualmente enfrentan una escasez de tales espacios, y mejorará las oportunidades recreativas y el acceso al río, ayudando a conectar a las personas con la naturaleza en sus vecindarios”, comentó Wendi Weber, directora regional del noreste del Servicio Federal de Pesca y Vida Silvestre. “También creará y conservará áreas naturales a lo largo del río Passaic que brindan un hábitat de alimentación, anidación y descanso para una variedad de aves migratorias y vida silvestre”.

Si bien el acuerdo de acreditación no aborda todos los daños sufridos como resultado de la contaminación, esta restauración temprana brinda beneficios significativos antes de acuerdos negociados o litigios que a menudo demoran años de que terminen. El proyecto de restauración del parque ribereño y la acreditación de la evaluación de daños a los recursos naturales se realizan por separado, pero coordinando con las actividades de limpieza del lugar que supervisa la Agencia de Protección Ambiental de Estados Unidos.

Este sería el primer proyecto de restauración asociado con la evaluación federal de daños a los recursos naturales y las actividades de restauración relacionadas con el extenso lugar de superfondo Diamond Alkali y el área de estudio de Berry's Creek. El Servicio Federal de Pesca y Vida Silvestre y la Oficina Nacional de Administración Oceánica y Atmosférica (NOAA) están autorizados para actuar en nombre del público como fideicomisarios cuando se han producido daños a los recursos naturales. Los fideicomisarios respaldan el acuerdo de acreditación y los beneficios que se anticipan con el proyecto de mejorar la calidad del agua, crear un hábitat para las aves y los polinizadores y aumentar el acceso público al río, incluidas las oportunidades de recreación activas y pasivas para las comunidades de pocos recursos que se han visto afectadas de manera desproporcionada por la contaminación.

“Las actividades industriales de estas vías fluviales en funcionamiento tienen un legado de contaminación que afecta de manera desproporcionada a las comunidades de bajos recursos”, comentó Nicole LeBoeuf, directora del Servicio Nacional Oceánico de la NOAA. “Este parque ribereño de cinco acres representa un primer paso importante para restaurar tanto el funcionamiento perdido del ecosistema como el uso recreativo perdido para la comunidad a su alrededor. La NOAA se complace en unirse a la industria y a nuestros socios locales y federales en este esfuerzo”.

Los fideicomisarios emitieron un plan de restauración temprana y una evaluación ambiental para el proyecto del parque propuesto en julio de 2021 luego de los comentarios y la revisión del público. A lo largo de este proceso, los fideicomisarios han solicitado y respondido a los comentarios del público con respecto al proyecto propuesto. El acuerdo de acreditación, el próximo paso en el proceso, es el mecanismo vinculante y de financiamiento que implementa el plan final de restauración temprana y la evaluación ambiental para el parque propuesto.

Cuando termine el proyecto, según los términos del acuerdo de acreditación, BASF obtendrá un crédito de $73,5 millones que puede utilizar para compensar parcialmente la supuesta responsabilidad de la empresa por daños a los recursos naturales en virtud de la Ley integral de respuesta ambiental, compensación y responsabilidad respecto al lugar de superfondo Diamond Alkali y el área de estudio cercana de Berry's Creek. Los fideicomisarios anticipan que este proyecto servirá como modelo a medida que otras de las partes potencialmente responsables consideren abordar de manera proactiva las responsabilidades por daños a los recursos naturales.

El acuerdo de acreditación estará disponible para comentarios públicos durante 30 días hasta el día XX de agosto de 2022. Tras considerar los comentarios del público, el Departamento de Justicia determinará si implementará el acuerdo de acreditación. El acuerdo propuesto se puede examinar y descargar en este sitio web: www.justice.gov/enrd/consent-decrees. Los comentarios deben dirigirse al Assistant Attorney General, Environment and Natural Resources Division, y deben referirse a In Re BASF and Trustees Interim Settlement Agreement, D.J. Ref. Nº 90-11-3- 07683/14. Los comentarios sobre la propuesta pueden enviarse hasta el día XX de agosto de 2022 por correo electrónico o por correo postal:

(1) Por correo electrónico: pubcomment-ees.enrd@usdoj.gov

(2) Por correo postal:

Assistant Attorney General
U.S. DOJ – ENRD
P.O. Box 7611
Washington, D.C. 20044-7611

Se celebrará una reunión virtual de información al público en horario vespertino el 15 de junio de 2022 con una reunión en persona que se llevará a cabo en horario vespertino el 28 de junio.

Puede encontrar más información sobre las próximas reuniones, el proyecto del parque, el acuerdo de acreditación, el proceso de evaluación de daños a los recursos naturales y el papel de los fideicomisarios en https://darrp.noaa.gov/EastNewarkRiverfrontPark.

El Departamento de Justicia evaluará toda la información recibida durante el período de comentarios y anunciará una decisión final a principios de agosto.

Download Spanish Press Release Translation

BASF Corporation

Plans to turn a former industrial site into a public riverfront park may soon become reality for area residents. The Department of Justice today announced the opening of a 30-day public comment period on an agreement that would credit BASF Corporation (BASF) for its contributions toward the design, construction, and 30-year stewardship of a five-acre park at the intersection of Clay Street and Passaic Avenue.

The credit would be applied to BASF’s liability as one of more than 100 parties whose past activities potentially contributed to contamination and natural resource injuries related to the Diamond Alkali Superfund site and Berry’s Creek Study Area. BASF is the first of these potentially responsible parties at the sites to propose early, proactive restoration to address a portion of these alleged natural resource damage liabilities.

The Department of Justice, on behalf of the Trustees, is now seeking public comment to determine community support for the implementation of the crediting agreement with BASF.

“This innovative agreement will address injuries to natural resources from decades of industrial contamination and it will bring to life a healthy public space for generations to enjoy,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to seeking justice for communities who have borne an unjust share of pollution in America. This agreement brings lasting benefits to communities in the near term that might have taken many years of litigation to achieve.”

The park project would improve quality of life for communities and benefit wildlife by converting hardened industrial land into forest, grasslands, wetlands, and pollinator gardens connected by pathways and an elevated walkway along the Passaic River. If the agreement is approved, it is anticipated that project construction will proceed and the park would open to the public in late 2023 or spring 2024.

“This park will provide needed green space to urban communities currently facing a shortage of such spaces, and enhance recreational opportunities and access to the river, helping to connect people to nature in their neighborhoods,” said Wendi Weber, Northeast Regional Director for the U.S. Fish and Wildlife Service. “It will also create and conserve natural areas along the Passaic River that provide foraging, nesting and resting habitat for a variety of migratory birds and wildlife.”

While the crediting agreement does not address all the injuries incurred as a result of pollution, this early restoration provides significant benefits in advance of negotiated settlements or litigation that often take years to complete. The riverfront park restoration project and the natural resource damage assessment crediting is occurring separately from, but in coordination with site cleanup activities, which are overseen by the U.S. Environmental Protection Agency (EPA).

This would be the first restoration project associated with federal natural resource damage assessment and restoration activities related to the extensive Diamond Alkali Superfund site and the Berry’s Creek Study Area. The U.S. Fish and Wildlife Service (Service) and the National Oceanic and Atmospheric Administration (NOAA) are authorized to act on behalf of the public as Trustees when natural resource injuries have occurred. The Trustees support the crediting agreement and the project’s anticipated benefits of improving water quality, creating habitat for birds and pollinators, and increasing public access to the river — including both active and passive recreational opportunities for underserved communities disproportionately impacted by pollution.

“The industrial activities of these working waterways have a legacy of pollution that disproportionately affects underserved communities,” said Nicole LeBoeuf, NOAA National Ocean Service director. “This five-acre riverside park represents an important first step in restoring both lost ecosystem function and lost recreational use for the surrounding community. NOAA is pleased to join with industry and our local and federal partners on this effort.”

An Early Restoration Plan and Environmental Assessment for the proposed park project was issued by the Trustees in July 2021 following public comment and review. Throughout this process, the Trustees have solicited and responded to public comments with respect to the proposed project. The crediting agreement, the next step in the process, is the binding and funding mechanism that implements the Final Early Restoration Plan and Environmental Assessment for the proposed park.

When the project is completed, under the terms of the crediting agreement, BASF would earn $73.5 million in credit that can be used to partially offset the company’s alleged liability for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act concerning the Diamond Alkali Superfund site and the nearby Berry’s Creek Study Area. The Trustees anticipate that this project will serve as a model as other potentially responsible parties consider proactively addressing natural resource damage liabilities.

The crediting agreement will be available for public comment for 30 days through July 7, 2022. Upon consideration of public input, the Justice Department will determine whether to implement the crediting agreement. The proposed agreement may be examined and downloaded at this website: www.justice.gov/enrd/consent-decrees.

Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In Re BASF and Trustees Interim Settlement Agreement, D.J. Ref. No. 90-11-3-07683/14. Comments on the proposal may be submitted through July 7, 2022 by e-mail or by mail:       

(1) By e-mail:             pubcomment-ees.enrd@usdoj.gov

(2) By hard copy:         Assistant Attorney General

U.S. DOJ – ENRD

P.O. Box 7611

Washington, D.C. 20044-7611

A virtual public information meeting will be held on the evening of June 15, 2022, with an in-person meeting to be held on evening of June 28.

More information on the upcoming meetings, the park project, the crediting agreement, natural resource damage assessment process, and the role of the Trustees can be found at: https://darrp.noaa.gov/EastNewarkRiverfrontPark.

The Justice Department will evaluate all information received during the comment period and will announce a final decision in early August.

A federal grand jury in Detroit, Michigan, returned an indictment today charging a professional tax return preparer with filing false tax returns for himself and his business, obstructing the IRS, and other tax crimes.

According to the indictment, Raj Paruthi, of Novi, owned and operated Raj Paruthi CPA PC, an accounting and tax preparation business located in Farmington Hills, Michigan. For tax years 2013 and 2014, Paruthi allegedly filed false corporate and individual income tax returns on which he did not report hundreds of thousands of dollars in business receipts and profits he personally received from the business. Paruthi allegedly also did not disclose to the Department of Treasury a foreign bank account he held in India, which he was required to do by law. According to the indictment, he also made false statements to the IRS about his personal and business finances, including the types of payments his tax preparation business received, the number and location of his business bank accounts and his personal receipt of funds from the business. Paruthi allegedly also did not file a 2015 tax return for MVD Advisory Services LLC, another company he owned and operated.

If convicted, Paruthi faces up to three years in prison for each false tax return count, three years in prison for interfering with the IRS, one year in prison for failing to file a tax return, and five years in prison for not disclosing a foreign bank account. 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 U.S. Attorney Dawn N. Ison for the Eastern District of Michigan made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Kenneth C. Vert and Catriona M. Coppler of the Justice Department’s Tax Division 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 federal grand jury in Detroit, Michigan, returned an indictment today charging a Michigan man for not paying over employment taxes to the IRS.

According to the indictment, Yigal Ziv, of West Bloomfield, owned and operated Multinational Technologies Inc. (MTI), a software developer for manufacturing products. Ziv allegedly was responsible for filing MTI’s quarterly employment tax returns and collecting and paying to the IRS payroll taxes withheld from employees’ wages. From the first quarter of 2014 through the first quarter of 2018, Ziv allegedly collected approximately $691,000 in employment taxes from MTI’s employees but did not file employment tax returns or pay the withheld taxes to the IRS. Even after learning of the IRS’s ongoing criminal investigation in May 2018, Ziv allegedly also did not file MTI’s employment tax returns from the fourth quarter of 2019 through the fourth quarter of 2020 and did not pay over to the IRS approximately $199,000 in payroll taxes withheld from MTI’s employees. According to the indictment, during the same period he did not pay over taxes to the IRS, Ziv caused MTI to spend hundreds of thousands of dollars for his own personal benefit, including home mortgage payments, luxury auto lease payments and department store purchases.

If convicted, Ziv faces up to five years in prison for each of the 22 counts of willful failure to collect or pay over employment taxes. 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 U.S. Attorney Dawn N. Ison for the Eastern District of Michigan made the announcement.

IRS Criminal-Investigation is investigating the case.

Trial Attorneys Kenneth C. Vert and George Meggali of the Justice Department’s Tax Division 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.

The United States of America has been authorized to seize a Boeing 787-8 aircraft and a Gulfstream G650ER aircraft owned and controlled by Russian oligarch Roman Abramovich, pursuant to a seizure warrant from the U.S. District Court for the Southern District of New York, which found that the airplanes are subject to seizure and forfeiture based on probable cause of violations of the Export Control Reform Act (ECRA) and the recent sanctions issued against Russia.

According to the seizure warrant and affidavit unsealed today:

In response to Russia’s invasion of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued various sanctions against Russia that impose export controls and license requirements to protect U.S. national security and foreign policy interests. These Russia sanctions include expanded prohibitions on the export, reexport, or in-country transfer of U.S.-manufactured aircraft and aircraft parts and components to or within Russia without a BIS license, and eliminate the availability of any license exception for aircraft owned or controlled, or under charter or lease, by Russia or a Russian national.

The Boeing and the Gulfstream each were reexported to Russia (i.e., flown from a foreign country to Russia) in violation of the ECRA and regulations issued thereunder, including the recent Russia sanctions. The Boeing was flown to Russia on March 4, 2022 without a BIS license, and is now in the United Arab Emirates. The Gulfstream was flown to Russia on March 12 and 15, 2022 without a BIS license, and remains in Russia. The Boeing and Gulfstream are owned and controlled by Roman Abramovich, a Russia national, through a series of shell companies in Cyprus, Jersey, and the British Virgin Islands.

The Boeing (pictured below), bearing tail number P4-BDL and serial number 37306, is believed to be worth approximately $350 million.

The Gulfstream (pictured below), bearing tail number LX-RAY and serial number 6417, is believed to be worth approximately $60 million. 

Task Force KleptoCapture Director Andrew C. Adams, U.S. Attorney Damian Williams for the Southern District of New York, Special Agent in Charge Michael J. Driscoll of the FBI’s New York Field Office, and Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Department of Commerce made the announcement.

U.S. Attorney Williams praised the outstanding work of the FBI and BIS. In a charging letter that separately issued today, BIS initiated administrative proceedings against Roman Abramovich, seeking penalties of up to twice the value of the Boeing and the Gulfstream.  U.S. Attorney. Williams further thanked the Justice Department’s National Security Division and Office of International Affairs, the U.S. Treasury Department’s Office of Foreign Assets Control, and Her Majesty’s Attorney General for the Bailiwick of Jersey for their assistance in this investigation. 

Assistant U.S. Attorneys Joshua A. Naftalis, Anden Chow, Michael D. Lockard, and Kaylan E. Lasky for the Southern District of New York are investigating the case.

The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls, and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine.  Announced by the Attorney General on March 2 and run out of the Office of the Deputy Attorney General, the task force will continue to leverage all of the Department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.

The Department of Justice today announced that it has reached a settlement agreement with Temple Beth El, a synagogue in Boca Raton, Florida, that employs teachers and other staff. The settlement resolves the department’s claim that the synagogue, in staffing its pre-school, discriminated against a non-U.S. citizen based on citizenship status when checking the individual’s permission to work in the United States. 

“Employers cannot discriminate against workers by asking them for specific documents to prove their permission to work based on their citizenship, immigration status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Employers must allow all employees, regardless of their citizenship status, to provide any valid, acceptable document of their choice to prove their permission to work. We look forward to working with Temple Beth El to implement this settlement and ensure its staff understand the correct process to use to avoid potential discrimination.”

The department initiated the investigation to determine whether the company was violating the Immigration and Nationality Act’s (INA) anti-discrimination provision after receiving information from a member of the public. The department’s investigation revealed that the company discriminated on two separate occasions by asking a lawful permanent resident to present specific documents to prove their permission to work in the United States, while making no such request of U.S. citizens. All employees have the right to choose the valid documentation they wish to present when demonstrating that they have permission to work in the United States.

The INA’s anti-discrimination provision prohibits employers from asking for unnecessary documents — or specifying the type of documentation a worker should present — to prove their permission to work, because of a worker’s citizenship, immigration status or national origin.

Under the settlement, Temple Beth El will pay $4,144 in civil penalties, change their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers’ permission to work in the United States. 

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. IER’s website has more information on how employers can avoid discriminating when verifying a worker’s permission to work through the Form I-9 or E-Verify. 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. View the Spanish translation of this press release here.

A former mayor of a municipality in Puerto Rico was sentenced today to two years in prison for his involvement in a bribery scheme in which he received monthly cash payments in exchange for awarding municipal contracts.

Luis Arroyo-Chiqués, 56, of Rincon, pleaded guilty in December 2021 to one count of conspiracy to engage in a bribery scheme. According to court documents and statements made in connection with his plea and sentencing, Arroyo-Chiqués was the mayor and highest-ranking government official in the municipality of Aguas Buenas from 2005 until 2016. In 2017, Arroyo-Chiqués negotiated with Individual B for a waste collection contract for Company A, which was owned and operated by Individual A. In exchange for the 10-year waste collection contract, Individual A agreed to pay Arroyo-Chiqués bribes of $10,000 per month ($1.00 per house for 10,000 houses in the municipality). The agreement was arranged so that Arroyo-Chiqués would be paid $5,000 per month for the life of the contract and Individual B would be paid $5,000 per month. This payment was made in cash every month from 2016 and continued even after Arroyo-Chiqués left office in 2016. The last payment to Arroyo-Chiqués occurred in June 2021.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Joseph Gonzalez of the FBI San Juan Field Office made the announcement. 

The FBI San Juan Field Office investigated the case.

Trial Attorney Nicholas W. Cannon of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.

This case is part of the Justice Department’s ongoing efforts to combat public corruption by municipal officials in Puerto Rico. In addition to the above matters, the Public Integrity Section and the U.S. Attorney’s Office for the District of Puerto Rico have recently obtained convictions against other former public officials and contractors in the District of Puerto Rico for soliciting and accepting bribes related to municipal contracts. See United States v. Eduardo Cintrón-Suárez, 22-151 (SCC); United States v. Félix Delgado-Montalvo, 21-463 (RAM); United States v. Oscar Santamaria-Torres, 21-464 (RAM); United States v. Raymond Rodríguez, 21-465 (RAM); and United States v. Ramon Conde-Melendez, 22-221 (PAD). 

Additionally, the department recently obtained indictments charging several former officials and contractors with bribery related to municipal contracts, and those cases are still pending. See United States v. Mario Villegas-Vargas, 21-468 (FAB); United States v. Ángel Pérez-Otero, 21-474 (ADC); United States v. Radamés Benítez-Cardona, 21-475 (PAD); United States v. Javier García-Pérez, 22-185 (ADC); and United States v. Reinaldo Vargas-Rodríguez, 22-186 (PAD).

El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Temple Beth El, una sinagoga en Boca Raton, Florida, que emplea a maestros y otro personal. El acuerdo resuelve las acusaciones del Departamento que a la hora de contratar a individuos para su escuela infantil, la sinagoga discriminó a un no ciudadano de los EE. UU. con base en su estatus de ciudadanía al comprobar el permiso del individuo a trabajar en los Estados Unidos. 

«Los empleadores no pueden discriminar a los trabajadores y pedirles documentos específicos para probar que tienen permiso para trabajar, con base en su ciudadanía, estatus migratorio o nacionalidad de origen», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles. «Los empleadores deben permitir que todos sus empleados, independientemente de su estatus de ciudadanía, proporcionen el documento válido y aceptable de su elección para demostrar su permiso para trabajar. Aguardamos con interés nuestra colaboración con Temple Beth El en la implementación de este acuerdo y aseguraremos que su personal entienda el proceso correcto que debe usar para evitar posibles incidentes discriminatorios».

El Departamento inició la investigación para determinar si la compañía estaba vulnerando la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) después de recibir información de un miembro del público. La investigación del Departamento reveló que, en dos ocasiones diferentes, la compañía se había portado de una manera discriminatoria al pedir a un residente permanente legal que presentase documentos específicos para demostrar su permiso para trabajar en los Estados Unidos, mientras no pedía lo mismo a ciudadanos de los EE. UU. Todo empleado tiene el derecho a elegir la documentación válida que desea presentar para demostrar que cuenta con permiso para trabajar en los Estados Unidos.

La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos innecesarios –o que especifiquen el tipo de documentación que un trabajador debe presentar– para demostrar su permiso para trabajar, debido a la ciudadanía, el estatus migratorio o la nacionalidad de origen del trabajador.

Conforme el acuerdo, Temple Beth El pagará una sanción civil de $4,144, cambiará sus políticas de empleo para que cumplan con la disposición antidiscriminatoria de la INA y capacitará a sus empleados responsables de la verificación del permiso de los trabajadores para trabajar en los Estados Unidos. 

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

Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. El sitio web de la IER dispone de más información sobre cómo los empleadores pueden evitar la discriminación en el momento de verificar el permiso de un trabajador a trabajar mediante el Formulario I-9 o E-Verify. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

A Utah man was sentenced today to five years in prison for evading more than $1.8 million in federal income tax and obstructing the IRS’s efforts to collect the money he owed.

According to court documents and evidence presented at trial, Derald Wilford Geddes, of Ogden, was a dentist who owned and operated Mount Ogden Dental PC. From approximately 1998 through 2014, Geddes took repeated steps to evade the federal income taxes he owed and obstruct the IRS’s efforts to collect his tax debt. Among other efforts, Geddes filed false liens against his own properties, submitted to the IRS bogus “bonds to discharge debt” that he claimed were from the account of the former Treasury Secretary and filed false corporate income tax returns. In March 2022, Geddes was convicted at trial by a federal jury of tax evasion, filing false tax returns and impeding the IRS.

In addition to the term of imprisonment, U.S. District Judge Tena Campbell ordered Geddes to serve 36 months of supervised release and to pay approximately $1.8 million 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 Trina A. Higgins for the District of Utah made the announcement.

IRS-Criminal Investigation investigated the case.

Trial Attorneys Ahmed Almudallal and Christopher Lin of the Justice Department’s Tax Division prosecuted the case.

U.S. Capitol Police Officer Thomas Smith has been indicted by a federal grand jury on charges of violating a man’s civil rights and for obstructing justice. Smith, 44, is expected to be arraigned on these charges in the District of Columbia within the next week.

The indictment alleges that on June 20, 2020, Smith drove his police vehicle in a reckless and dangerous manner and was deliberately indifferent to the risk of harm he created, which resulted in Smith crashing his car into the victim and injuring him. Smith then knowingly drove away from the scene of the crash without rendering aid, alerting medical authorities, and taking any other reasonable steps to obtain help for the victim. Following the crash, Smith falsified U.S. Capitol Police records to cover-up his misconduct.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Matthew Graves for the District of Columbia and Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office made the announcement. The case is being investigated by the FBI Washington Field Office and is being prosecuted by Trial Attorney Sanjay Patel of the Civil Rights Division and Assistant U.S. Attorney Kendra Briggs. Assistance in the investigation was provided by the U.S. Capitol Police and the Metropolitan Police Department.

The charges contained in the indictment are merely allegations and the defendants are presumed innocent unless and until proven guilty.

Attorney General Merrick B. Garland hosted the European Union’s Commissioner for Justice and Consumer Affairs Didier Reynders in Washington, D.C. yesterday ahead of the U.S.-EU Justice and Home Affairs Ministerial, which will take place later this month. The two leaders discussed joint efforts underway to find, restrain, freeze, seize, and, where appropriate, confiscate or forfeit the assets of individuals and entities in connection with Russia’s unjust and unprovoked war of aggression against Ukraine. They also discussed how to best support ongoing war crimes investigations related to Russian aggression toward Ukraine. Attorney General Garland and Commissioner Reynders reaffirmed shared priorities in countering terrorism, violent extremism, and hate crimes and discussed opportunities to strengthen U.S.-EU cooperation in fighting environmental crime and protecting consumers.

 

The former owner and operator of seven political action committees (PACs) pleaded guilty today to making a false statement in connection with PAC expenses reported to the Federal Election Commission (FEC).

According to court documents, Tyler D. Whitney, 33, of Austin, Texas, formed and operated the PACs beginning in mid-2012. Whitney also owned and operated Amagi Strategies, a consulting corporation, and Amagi Imports, an affiliated business. Between 2012 and 2018, Whitney operated each of the PACs by creating and managing a PAC-related website; purchasing email lists of potential contributors; utilizing vendors that provided blast email services to send mass emails to potential contributors; using urgent language in email solicitations to potential donors for contributions; and representing to potential donors that contributions would be used to support or oppose a particular candidate or cause via “voter outreach” and “advertising.”

During this time, Whitney spent a small portion of the donated funds to benefit the political candidates or causes the PACs represented they were going to support or oppose. He also transferred a large portion of the donated funds from the PACs to his consulting company, Amagi Strategies, or withdrew the money as cash. Whitney used funds in bank accounts for Amagi Strategies to either pay himself, pay for personal expenses, or pay for services (such as website management, email list purchases or rentals, and blast email services) to raise additional funds via email solicitations. Whitney filed and caused to be filed FEC reports that, among other things, were false as to amounts, dates, and descriptions of expenditures and disbursements by the PACs, including payments made to Amagi Imports.

For instance, in July 2016, Whitney transferred $10,000 from one of his PACs to Amagi Strategies. On the same day, Whitney transferred $9,000 from Amagi Strategies to Amagi Imports and then $8,787.73 from Amagi Imports to an international shipping company. Whitney’s PAC did not report this $10,000 payment on its FEC reports for 2016 and 2017. However, in January 2018, Whitney caused the PAC’s treasurer to file an amended FEC quarterly report for the PAC that falsely disclosed the $10,000 payment as “PAC Management Fees.”

Whitney pleaded guilty to making a false statement. He is scheduled to be sentenced on Aug. 26 and faces up to five years in prison. 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, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia, and Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office made the announcement.

The FBI Washington Field Office investigated the case.

Senior Litigation Counsel Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Kimberly R. Pedersen for the Eastern District of Virginia are prosecuting the case.

MEXICO CITY - The Mexican federal judiciary, the Mexico City state judiciary, the Puebla state judiciary, and the U.S. Department of Justice’s Office of Prosecutorial Development, Assistance and Training (OPDAT) launched their Bench Book for Criminal Hearings and Trials, which is designed to increase judicial economy, decrease caseloads, and standardize judicial practices across Mexico.  With funding from the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL), this resource will serve as an effective and practical tool for justice sector actors including criminal judges, prosecutors, and defense counsel across the country.

This judicial bench book is the first designed specifically for Mexico’s accusatory criminal justice system, which was fully implemented in 2016.  They will build national capacity in the system and encourage the sustainable standardization of best practices.  With standardized procedures for criminal hearings thanks to the Bench Book, criminal justice actors will efficiently establish all required elements within their respective hearings, resulting in sturdier convictions, fewer successful appeals, and less criminal impunity.

Over the past three years, OPDAT, 25 Mexican judges, and three Colombian judges with bench book experience worked tirelessly to compose standards for a Mexican Bench Book. Then, multiple institutions, to include the federal Attorney General’s Office and Public Defender’s Office, took part in the revision of the Bench Book, which ensured the final product is a true collaborative effort by multiple Mexican institutions.

Officials from state and federal judiciaries, state attorney general offices, and other institutions that helped create and revise the guide attended the launch.  

U.S. Ambassador Ken Salazar, who delivered opening remarks, stated, “As a former state attorney general I know just how important bench books can be.  And what a great collaboration between the U.S. government and all sorts of Mexican officials.  This is the Seguridad Compartida we’re continually talking about, in action.” 

Mexican Supreme Court of Justice, Alfredo Gutierrez Ortiz Mena, also participated in the inauguration and stated, “These guidelines not only define the nature and timing of roles, but also support said roles in jurisprudence, allowing to strategize.”

After the bench books’ dissemination, OPDAT and the federal judiciary will implement a monitoring and evaluation plan to show how effective the book is at reducing average hearing durations, and minimizing unnecessary delays and appeals.

https://www.cjf.gob.mx/PJD/guias/Default.aspx

The Department of Justice announced it has reached a settlement agreement with DeKalb County, Georgia, that will resolve its lawsuit alleging the county violated Title VII of the Civil Rights Act of 1964 when it retaliated against former administrative assistant Cemetra Brooks, first by extending her probationary period and then by terminating her employment during the extended period, because she made a sexual harassment complaint. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion and prohibits retaliation against employees for opposing employment practices that are discriminatory under Title VII.

“Probationary employees are especially vulnerable to discrimination as they have fewer employment protections than permanent employees and are often reluctant to file a complaint since it could easily cost them their jobs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement agreement underscores that Title VII’s protections apply equally to probationary employees. The Civil Rights Division stands ready to vigorously enforce the law when employees who complain about sexual harassment are subject to retaliation.”

“Discrimination in the workplace is toxic,” said U.S. Attorney Ryan K. Buchanan of the Northern District of Georgia. “An employee who faces discrimination in her workplace should be able to freely exercise her rights under Title VII without fear of retaliation.”

According to the Justice Department’s complaint filed in the U.S. District Court for the Northern District of Georgia, during her initial six-month probation, Brooks filed a sexual harassment complaint with DeKalb County alleging her supervisor, the deputy director of the county’s Facilities Management Department, subjected her to unwelcome sexual advances, comments and conduct. these claims were later investigated and substantiated by the county. The United States’ lawsuit further alleges that, just one month after Brooks complained, the deputy director’s supervisor, the director, contacted human resources asking for information from the county’s still-active investigation of Brooks’ complaint that would help him fire Brooks while she remained on probation. According to the lawsuit, on advice of a high-level county official, the director extended Brooks’ probation by three months instead. However, near the end of her extended probation, the director fired Brooks without giving her any reason.

Under the settlement agreement, submitted for court entry and approval, the county will pay Brooks $190,000 for lost wages and compensatory damages. The agreement also requires the county to develop, and submit to the Justice Department for approval, anti-discrimination and anti-retaliation policies and to provide the supervisors and managers in its Facilities Management Department with training on those policies and on the types of workplace conduct that constitute unlawful employment practices under Title VII.   

The Atlanta District Office of the Equal Employment Opportunity Commission (EEOC) investigated and attempted to resolve Brooks’ charge of discrimination before referring it to the Department of Justice as an enforcement action. More information about the EEOC’s jurisdiction is available on its website at www.eeoc.gov. 

The full and fair enforcement of Title VII is a top priority of the Justice Department’s Employment Litigation Section of the 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 www.justice.gov/crt/employment-litigation-section.  

CIUDAD DE MÉXICO - El Poder Judicial de la Federación, el Poder Judicial de la Ciudad de México, el Poder Judicial del estado de Puebla y la Oficina Internacional para el Desarrollo, Asistencia y Capacitación (OPDAT) del Departamento de Justicia de los Estados Unidos, lanzaron sus Guías Judiciales de Conducción de Audiencias, las cuales están diseñadas para aumentar la economía judicial, disminuir el número de casos y estandarizar las prácticas judiciales en todo México. Con financiamiento de la Oficina de Asuntos Internacionales de Narcóticos y Aplicación de la Ley del Departamento de Estado (INL), este recurso servirá como una herramienta efectiva y práctica para los actores del sector judicial, incluyendo los jueces penales, fiscales y abogados defensores en todo el país.

Estas guías judiciales son las primeras diseñadas específicamente para el Sistema de Justicia Penal Acusatorio de México, que se terminó de implementar en 2016. Desarrollarán la capacidad nacional en el sistema y fomentarán la estandarización sostenible de las mejores prácticas. Con procedimientos estandarizados para audiencias penales gracias a las guías, los actores de la justicia penal establecerán de manera eficiente todos los elementos requeridos dentro de sus respectivas audiencias, lo que resultará en condenas más sólidas, menos apelaciones exitosas y una menor impunidad criminal.

Durante los últimos tres años, OPDAT, 25 jueces mexicanos y tres jueces colombianos con experiencia en guías judiciales, trabajaron incansablemente para redactar estándares para las Guías Judiciales mexicanas. Después, múltiples instituciones, incluidas la Fiscalía General de la República y el Instituto Federal de Defensoría Pública, participaron en la revisión de las Guías, lo que aseguró que el producto final sea un verdadero esfuerzo colaborativo de múltiples instituciones mexicanas.

Funcionarios de los poderes judiciales estatales y federal, las oficinas de los fiscales generales estatales y otras instituciones que ayudaron a crear y revisar las Guías asistieron al lanzamiento.

El Embajador de Estados Unidos en México, Ken Salazar, pronunció un discurso de apertura y declaró, “Como ex fiscal general estatal, sé cuán importantes pueden ser los manuales de consulta. Qué gran colaboración entre el gobierno de los Estados Unidos y todo tipo de funcionarios mexicanos. Esta es la Seguridad Compartida, de la que hablamos continuamente, en acción.”

En la inauguración también participó el ministro de la Suprema Corte de Justicia de la Nación, Alfredo Gutiérrez Ortiz Mena, quien expresó, “Estas guías no solo definen el carácter y momento de la participación, sino que sustenta estas participaciones en jurisprudencia para permitir planear su estrategia.”

Después de la difusión de las Guías, OPDAT y el Poder Judicial de la Federación implementarán un plan de monitoreo y evaluación para mostrar qué tan efectivas son las Guías para reducir la duración promedio de las audiencias y minimizar las demoras y apelaciones innecesarias.

Guías Judiciales

BOISE – Four New York men were sentenced to federal prison for an identity theft scheme designed to obtain iPhones on Sprint customer accounts. 

According to statements made in court, Winston Torres, 44, Edgar Rodriguez, 36, Andres Rodriguez, 59, and Kenneth DeJesus, 25, all of New York, conspired to commit wire fraud and identity theft by obtaining personal identification of real Sprint customers, and using such personal identification to obtain merchandise at Sprint stores, primarily iPhones, on the accounts of real Sprint customers.  To execute their fraud scheme, the four defendants obtained multiple false identification cards displaying the photographs of the four defendants, but with the personal identifying information of real Sprint customers. 

In March 2019, the four defendants travelled together from New York to Oregon and Idaho to execute their fraud scheme using the false identification.  The defendants executed, or attempted to execute, their fraud scheme at Sprint stores in Lewiston, Idaho, Moscow, Idaho, Ontario, Oregon, Boise, Idaho, and Garden City, Idaho, resulting in thousands of dollars in loss.  A subsequent search of their vehicle after arrest in Garden City revealed an additional 12 false identification cards displaying the photographs of the four defendants, but with the identification of real Sprint customers. 

U.S. District Judge Scott W. Skavdahl, from the District of Wyoming, sitting by designation, sentenced Winston Torres and Edgar Rodriguez to 18 months prison and 12 months prison, respectively, and ordered both men to serve three years of supervised release following their prison sentences.  Torres and Rodriguez both pleaded guilty to the charges on October 20, 2021.

Chief U.S. District Judge David C. Nye sentenced Andres Rodriguez to six months prison and ordered him to serve two years of supervised release following his prison sentence. Andres Rodriguez pleaded guilty to the charges on December 10, 2019. 

Senior U.S. District Judge Bill R. Wilson, from the Eastern District of Arkansas, sitting by designation, sentenced Kenneth DeJesus to 12 months prison, and ordered him to serve three years of supervised release following his prison sentence. Kenneth DeJesus pleaded guilty to the charges on March 14, 2022. 

U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the U.S. Secret Service, Homeland Security Investigations, Boise Police Department, Garden City Police Department, Lewiston Police Department, and Ontario, Oregon Police Department, which led to the charges.

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A West Virginia former official pleaded guilty to violating the civil rights of a 16-year-old victim by forcibly raping her in a bunk room at the Danville Fire Department in Danville, West Virginia. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia and Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office made the announcement. 

During the plea hearing in federal court in the Southern District of West Virginia, Christopher Osborne, 26, admitted that on or about Jan. 19, 2021, while he was an officer with the Marmet Police Department in Marmet, West Virginia, and a firefighter with both the Charleston Fire Department in Charleston, West Virginia, and the Danville Volunteer Fire Department, he used his position, authority and status as a firefighter to forcibly sexually assault the victim. Specifically, Osborne admitted that the victim told him that she did not want to have sex, but he held her down inside the bunk room at the fire station and sexually assaulted her anyway, causing her pain and bodily injury.

“The defendant abused his official authority and position of power to perpetrate a violent sexual assault on a 16-year-old girl,” said Assistant Attorney General Clarke. “Officials who carry out sexual assaults on vulnerable people will be held accountable. The Civil Rights Division will continue to use our criminal civil rights laws to stand up for the survivors of these heinous crimes.”

“As the plea in this case demonstrates, Osborne used his official authority to commit a violent sexual assault on a 16-year-old victim,” said Acting U.S. Attorney Johnston. “Osborne’s unlawful conduct constitutes a clear deprivation of the minor’s civil rights. Such an egregious abuse of power will not be tolerated. We continue to work with our law enforcement partners to stand up for victims of such crimes. I want to thank the FBI, the West Virginia State Police and the West Virginia Fire Marshal’s Office for their outstanding investigative efforts in this case.”   

“The facts of this case are troubling,” said Special Agent in Charge Nordwall. “No one is not above the law. As a public servant, Osborne violated his oath and victimized those he swore to protect. The FBI will not look the other way.”

With his guilty plea, the defendant faces a 14-year prison sentence, with a maximum of five years of supervised release, and registration as a sex offender under the Federal Sex Offender Registration and Notification Act.

A sentencing date has been set for July 13.

This case was investigated by the Pittsburgh Division of the FBI with the support of the West Virginia State Police and the West Virginia State Fire Marshals. It is being prosecuted by Trial Attorney Kathryn E. Gilbert of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Jennifer Rada Herrald and Julie White for the Southern District of West Virginia.

A federal grand jury in Central Islip, New York, returned an indictment last week charging a New York businessman with filing false business and individual tax returns with the IRS.

According to the indictment, Pawel Bartoszek, of Lake Grove, owned and operated Mega State Inc., a construction company. From 2015 through 2017, Bartoszek and individuals acting at his direction allegedly cashed more than $6 million in checks from Mega State clients at a check-cashing business, instead of depositing those funds into Mega State’s business bank account. Bartoszek then allegedly used some of this cash to fund an “off the books” cash payroll for Mega State. The indictment also charges that Bartoszek did not inform his return preparer about the cashed checks, thereby enabling Bartoszek to underreport Mega State’s gross receipts, sales and ordinary business income, as well as his 2015-2017 personal total income. As a result, Bartoszek allegedly filed false tax returns with the IRS for Mega State and himself for each of those years.

Bartoszek was arraigned today before U.S. Magistrate Judge Steven Tiscione of the U.S. District Court for the Eastern District of New York. If convicted, Bartoszek faces a maximum of three years in prison for each of six counts of filing a false tax return. 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 U.S. Attorney Breon Peace for the Eastern District of New York made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Ann Marie Cherry and Catriona Coppler of the Tax Division 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.

The Department of Justice announced today that the Pennsylvania Department of Education (PDE) has fully implemented its settlement agreement with the United States to stop the unlawful placement of students with disabilities in PDE’s statewide system of alternative education programs, known as Alternative Education for Disruptive Youth (AEDY), and to ensure equal educational opportunities for English learner students in AEDY.

“No student should be excluded from the chance to learn because of a disability or language barrier,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, Pennsylvania has laid the groundwork for lasting change and advanced the crucial goal of educational equity for students with disabilities and English learner students. We commend state officials for working with the Department of Justice to ensure students with disabilities and English learners receive the legally required support they need to participate equally in schools.”

“Federal law does not allow schools to discipline students because of their disability, or to deprive them of an opportunity to learn English,” said U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “I commend PDE for abiding by the agreement and ensuring that students with disabilities and English learners are not prevented from learning opportunities afforded to other students.”

“Pennsylvania has taken substantial steps to ensure that children are not placed in an alternative disciplinary program simply because they have a disability,” said U.S. Attorney John Gurganus for the Middle District of Pennsylvania. “We congratulate the Commonwealth for implementing numerous changes to improve the education of children with disabilities and provide opportunities to English learners.”

“We recognize and appreciate that the Commonwealth of Pennsylvania has demonstrated a commitment to implement its settlement agreement by enacting reforms which ensure that all students have an equal opportunity to learn,” said U.S. Attorney Cindy Chung for the Western District of Pennsylvania. 

The settlement agreement resolved a Justice Department investigation under Title II of the Americans with Disabilities Act, which prohibits state and local government entities, including public schools, from discriminating based on disability. The agreement also addressed noncompliance with the Equal Educational Opportunities Act of 1974, which prohibits a state from denying equal educational opportunity based on national origin by failing to take appropriate action to overcome language barriers faced by students.

The investigation was initiated following a complaint by the Education Law Center, and was conducted jointly by the Justice Department’s Civil Rights Division and all three U.S.  Attorneys’ Offices in Pennsylvania.  

Under the settlement agreement, PDE implemented new monitoring systems to help ensure that students are not placed in AEDY in a manner that discriminates based on disability; that they are not denied equal educational opportunities; and that students with disabilities are transferred back to their home schools in a timely manner. Specifically, actions required by the settlement agreement included:

• Investigating, and in some cases closing, AEDY programs based on complaints and other information about the mistreatment of students in those programs;
• Providing technical assistance to AEDY programs to implement evidence-based approaches to improve school climate;
• Developing new trainings for school district and AEDY program staff to ensure that students are not placed in AEDY for disability-related behaviors;
• Implementing evidence-based interventions to keep students in general education settings;
• Developing new data collection tools and analyses to monitor AEDY programs and school districts for disproportionate placement of students in AEDY based on disability; and
• Creating corrective action plans when appropriate.

PDE coordinated with the Pennsylvania Training and Technical Assistance Network, which provided important assistance in effectively implementing the agreement and to supporting students across Pennsylvania. PDE also implemented measures to ensure English learner students receive appropriate language assistance services in AEDY. After monitoring PDE’s compliance with the agreement, the United States determined that PDE was in substantial compliance. As a result, monitoring ended on May 31, 2022.

Protecting the rights of students with disabilities and English learners to inclusion and equal educational opportunities is a top priority of the Justice Department. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

Darrell Taylor, 32, was indicted today by a federal grand jury in Louisville, Kentucky, for using unlawful force against a pretrial detainee while Taylor was an officer at the Louisville Metro Department of Corrections. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Michael A. Bennett for the Western District of Kentucky and Special Agent in Charge Jodi Cohen for the FBI Louisville Field Office made the announcement.

Today’s indictment charges Taylor with one count of deprivation of rights under color of law. The indictment alleges that Taylor used unreasonable force when he assaulted pretrial detainee B.R., resulting in bodily injury to B.R., including a broken jaw.

The charge carries a maximum penalty of 10 years of imprisonment. 

This case was investigated by the FBI Louisville Field Office, and is being prosecuted by Assistant U.S. Attorney Amanda Gregory for the Western District of Kentucky, and Special Litigation Counsel Sam Trepel and Trial Attorney Andrew Manns of the Justice Department’s Civil Rights Division.

An indictment is merely an allegation and the defendant is presumed innocent unless proven guilty.

A former Congressional candidate pleaded guilty today for using COVID-19 relief funds for personal expenditures and for falsifying records to conceal thousands of dollars of in-kind contributions by employees in a report to the Federal Elections Commission (FEC). 

According to court documents, in 2020, Nicholas Jones, 36, of Boise, Idaho, a small business owner, applied for and received COVID-19 relief funds, including through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL), totaling $753,600. Despite certifying that these funds would only be used for business-related expenditures, Jones used a significant portion of the funds for personal expenses, including car payments, life insurance policies, and political advertisements. 

In 2020, Jones ran as a candidate for the U.S. House of Representatives. Jones told employees of his small business that they could continue to be paid their normal wages if they worked on his congressional campaign. Employees reported to work on behalf of Jones’s congressional campaign and were paid thousands of dollars in wages through Jones’s small business including, in part, with funds Jones had received as part of a PPP loan. After losing the primary election, Jones caused his campaign committee to file a campaign finance report with the FEC, which omitted any in-kind contributions from any entity or individual other than Jones, including the thousands of dollars of in-kind contributions to his campaign in the form of employee time and work. 

Jones pleaded guilty in the U.S. District Court of Idaho to wire fraud and falsification of records. Jones will be sentenced at a later date. Jones faces a maximum total penalty of 40 years in prison. 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; U.S. Attorney Rafael M. Gonzalez, Jr., for the District of Idaho; and Special Agent in Charge Dennis Rice of the FBI’s Salt Lake City Field Office made the announcement.

The FBI is investigating the case.

Trial Attorneys Rosaleen O’Gara and Nicole Lockhart of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Josh Hurwit of the U.S. Attorney’s Office for the District of Idaho are prosecuting the case.

A Florida woman pleaded guilty today to filing a false tax return with the IRS, whereby she obtained a refund she was not entitled to receive.

According to court documents and statements made in court, Rebecca Cyphers, 65, of Winter Springs, participated in and helped facilitate a nationwide tax fraud scheme. As part of the scheme, individuals prepared and assisted in the filing of tax returns for scheme participants, such as Cyphers, falsely claiming banks and other financial institutions had withheld large amounts of income tax from the participants that entitled them to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals.

As part of her plea, Cyphers admitted she filed a false 2013 amended income tax return claiming a refund she was not entitled to receive. As a result, the IRS issued her a refund of approximately $240,000. Cyphers then obstructed the IRS’s efforts to recover this ill-gotten refund by transferring funds into a trust, making a large cash withdrawal from the refund deposit and sending frivolous correspondence to the IRS. Cyphers also admitted to helping others promote the tax fraud scheme and recruit additional participants, even though she knew the scheme was illegal.

In March, the main promoter of the fraud scheme, Iran Backstrom, was sentenced to more than eight years in prison, and Backstrom’s second-in-command, Mehef Bey, was sentenced to 11 years in prison. Another individual, Aaron Aqueron, was sentenced to 51 months in prison for recruiting clients to the scheme and providing information to another co-conspirator for use in the preparation of false tax returns.

Cyphers is scheduled to be sentenced on Aug. 24 and faces a maximum penalty of three years in prison for filing a false tax return. She also faces a period of supervised release, monetary penalties and restitution. 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 U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorney Isaiah Boyd III of the Tax Division and Assistant U.S. Attorney Chauncey A. Bratt for the Middle District of Florida are prosecuting the case.

A federal jury in the Southern District of Texas convicted a Texas pharmacist on May 27 for unlawfully distributing controlled substances from a now-shuttered Houston pharmacy.

According to court documents and evidence presented at trial, Hieu “Tom” Truong, 58, of Houston, was the pharmacist-in-charge of S&S Pharmacy in Houston. In just 18 months, Truong and his co-conspirators unlawfully distributed over 750,000 doses of controlled substances, including over 500,000 oxycodone and hydrocodone pills. Trial evidence showed that S&S Pharmacy unlawfully dispensed controlled substances in bulk for cash, based on forged or stolen prescriptions brought in by street-level drug dealers.

Truong was convicted of three counts of unlawfully distributing and dispensing controlled substances. He faces a maximum penalty of up to 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing is scheduled for Oct. 3.

To date, seven other co-conspirators, including the owner and manager of the pharmacy, have pleaded guilty to unlawfully distributing controlled substances.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Jennifer Lowery for the Southern District of Texas; and Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration’s (DEA) Houston Division made the announcement.

DEA Houston investigated the case, with assistance from the Conroe Police Department, Houston Police Department, and Harris County Constables Office.

Trial Attorneys Devon Helfmeyer, Courtney Chester, and Andrew Tamayo of the Criminal Division’s Fraud Section are prosecuting the case, and Assistant U.S. Attorney Kristine Rollinson for the Southern District of Texas is handling forfeiture.

The United States filed a civil injunction suit to permanently bar Jason Elias Briley; Roxann Ladawn Johnson fka Roxann Ladawn Ellis; Alexander McKenzie; Courtney Jones; Derek Brooks; Deanna McKenzie; Erbia Lewis; Patrick McKenzie and JRC Elite Tax Solutions LLC dba Elite Tax Solutions from preparing federal income tax returns for others. The complaint also requests that the court require the defendants to disgorge the fees they obtained by preparing false and fraudulent tax returns.

The complaint, filed in the U.S. District Court for the Eastern District of Texas, alleges that these tax return preparers prepared more than 1,300 returns in 2021 and over 3,100 returns in 2022. According to the complaint, Briley and the others prepared returns that falsely claimed over $53 million in credits and refunds intended to provide COVID-19 related relief for self-employed individuals.

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

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found 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 Department of Justice announced today that it has reached a settlement agreement with Sutherland Management Company d/b/a McDonald’s, a California-based franchisee operating four McDonald’s locations in the San Diego area. The settlement resolves claims that the company discriminated against non-U.S. citizens when checking their permission to work in the United States. 

“Under federal law, employers may not discriminate by asking workers for more documents than necessary, or specific documents, to prove their permission to work because of their citizenship status, immigration status or national origin,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “Employees have the right — U.S. citizens and non-U.S. citizens alike — to choose which valid, acceptable documentation they wish to present to prove their permission to work. The Civil Rights Division will continue to fight unlawful workplace discrimination on the basis of citizenship, immigration status and national origin. We look forward to working with Sutherland Management Company to secure compliance with this settlement and applicable federal law.”

The department’s investigation began after a non-U.S. citizen complained that Sutherland Management Company refused to accept his valid documentation proving his permission to work and demanded a different document from him. The department’s investigation revealed that the company routinely discriminated against non-U.S. citizens, primarily lawful permanent residents, by asking them to present specific, Department of Homeland Security-issued documents to prove their permission to work in the United States. The investigation also revealed that Sutherland Management Company refused to allow the worker who complained to begin working until he presented the unnecessary documentation. Under federal law, all employees have the right to choose which valid documentation they wish to present when demonstrating that they have permission to work in the United States.

The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from asking for more documents than necessary — or specifying the type of documentation a worker should present — to prove their permission to work, because of a worker’s citizenship, immigration status or national origin.

Under the settlement, Sutherland Management Company will pay $40,000 in civil penalties to the United States, pay backpay for lost wages to the worker who complained, review and revise their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers’ permission to work in the United States. 

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 citizenship status discrimination 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. View the Spanish translation of this press release here.

An indictment was returned today by a federal grand jury in New Jersey, charging the former chief executive officer of a publicly-traded health care company (referred to in the indictment as Company-1) with two counts of securities fraud for his alleged participation in a scheme to mislead investors about Company-1’s procurement of COVID-19 rapid test kits in the early days of the COVID-19 pandemic.

According to court documents, Marc Schessel, 62, of Greenwich, Connecticut, caused Company-1 to issue multiple public statements claiming that Company-1 was buying and reselling at least 48 million COVID-19 test kits, despite knowing that such statements were false and misleading. Specifically, in early April 2020, Schessel executed a supply agreement with an Australian company (the Supply Company) to obtain two million COVID-19 test kits per week for six months beginning on April 24, 2020. The agreement was based on the Supply Company’s representations that it had the U.S. Food and Drug Administration’s (FDA) permission to distribute COVID-19 tests in the United States and was already distributing COVID-19 tests. Contemporaneously, Schessel received a purchase order from a U.S.-based company that planned to purchase the weekly shipments of two million COVID-19 test kits from Company-1.

Despite learning new information on or about April 11, 2020, that called into question whether the Supply Company had COVID-19 tests to sell to Company-1 that could be distributed in the United States, Schessel caused Company-1 to issue a press release on April 13, 2020, in which it announced the purchase order for 48 million COVID-19 rapid test kits. Following this press release, Schessel received additional information that further called into question Company-1’s arrangements for the COVID-19 test kits. Despite learning facts that cast significant doubt on the status of the COVID-19 test kit deals, Schessel repeatedly confirmed the status and terms of those arrangements on numerous occasions between approximately April 13, 2020, and April 17, 2020. In the wake of these announcements, Company-1’s share price surged, rising by over 400%, from approximately $2.25 to an intraday high of $14.88. As a result of this scheme, investors lost at least $116 million.

“Schessel allegedly took advantage of the COVID-19 crisis as an opportunity to scam investors and manipulate the market,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s indictment reinforces our commitment to rooting out schemes that have exploited the pandemic and holding accountable those who have prioritized greed during an unprecedented public health emergency.”

“As alleged in the indictment, Marc Schessel exploited the scarcity of COVID-19 tests at the outset of the pandemic to defraud investors and artificially increase his company’s stock price,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “His alleged fraud cost investors millions of dollars in losses.” 

“It is unacceptable to fraudulently capitalize on a national health emergency,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI, in tandem with our law enforcement partners, will continue to investigate anyone who undermines public safety and will bring those who commit fraud to justice.”

Schessel is charged with two counts of securities fraud. If convicted, he faces a total maximum penalty of up to 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Newark Division is investigating the case.

Acting Principal Assistant Chief Justin Weitz and Trial Attorneys Lucy Jennings and Spencer Ryan of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Lauren Repole and Sean Sherman for the District of New Jersey are prosecuting the case.

The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing Victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas.

An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Sutherland Management Company, cuyo nombre comercial es McDonald’s, un franquiciado radicado en California que opera cuatro locales de McDonald’s por la zona de San Diego. El acuerdo resuelve unas acusaciones de que la compañía había discriminado a no ciudadanos de los EE. UU. a la hora de comprobar su permiso para trabajar en los Estados Unidos. 

 

«Según las leyes federales, los empleadores no pueden discriminar a los trabajadores y pedirles más documentos de los que sean necesarios o pedirles documentos específicos, para probar que tienen permiso para trabajar, debido a su estatus de ciudadanía, estatus migratorio o nacionalidad de origen», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles. «Los empleados –tanto ciudadanos de los EE. UU. como no ciudadanos de los EE. UU– tienen el derecho a elegir los documentos válidos y aceptables que desean presentar para probar que tienen permiso para trabajar. «La División de Derechos Civiles seguirá luchando contra la discriminación ilícita por motivos de ciudadanía, estatus migratorio o nacionalidad de origen. Aguardamos con interés la colaboración de Sutherland Management Company para asegurar el cumplimiento con este acuerdo y las leyes federales pertinentes».

 

La investigación del Departamento comenzó después de que un no ciudadano de los EE. UU. se quejó de que Sutherland Management Company se había negado a aceptar su documentación válida que demostraba su permiso para trabajar y exigía que les facilitara otro documento. La investigación del Departamento reveló que, de forma habitual, la compañía discriminaba a trabajadores no ciudadanos de los EE. UU., principalmente a residentes permanentes legales, al pedirles que presentasen documentos específicos expedidos por el Departamento de Seguridad Nacional para demostrar su permiso para trabajar en los Estados Unidos. Por otra parte, la investigación reveló que Sutherland Management Company se negó a permitir que el trabajador que se había quejado comenzara a trabajar hasta no presentar la documentación necesaria. Según las leyes federales, todo empleado tiene el derecho a elegir la documentación válida que desea presentar para demostrar que cuenta con permiso para trabajar en los Estados Unidos.

 

La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores pidan más documentos de los que sean necesarios –o que especifiquen el tipo de documentación que un trabajador debe presentar– para demostrar su permiso para trabajar, debido a la ciudadanía, estatus migratorio o nacionalidad de origen del trabajador.

 

Conforme el acuerdo, Sutherland Management Company pagará una sanción civil a los Estados Unidos que asciende a $40,000, emitirá pagos retroactivos al trabajador que se había quejado por concepto de salario perdido, revisará sus políticas de empleo para garantizar el cumplimiento de las mismas con la disposición antidiscriminatoria de la INA y capacitará a sus empleados que sean responsables de verificar el permiso de los trabajadores para trabajar en los Estados Unidos. 

 

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

 

Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aprenda más sobre cómo los empleadores pueden evitar la discriminación por motivos de estatus de ciudadanía en el sitio web de la IER. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

The U.S. Department of Justice today released the following statement from spokesman Anthony Coley:

“At the request of Uvalde Mayor Don McLaughlin, the U.S. Department of Justice will conduct a Critical Incident Review of the law enforcement response to the mass shooting in Uvalde, Texas, on May 24. 

“The goal of the review is to provide an independent account of law enforcement actions and responses that day, and to identify lessons learned and best practices to help first responders prepare for and respond to active shooter events. The review will be conducted with the Department’s Office of Community Oriented Policing.

“As with prior Justice Department after-action reviews of mass shootings and other critical incidents, this assessment will be fair, transparent, and independent. The Justice Department will publish a report with its findings at the conclusion of its review.”

Three federal correctional officers — two officers and a lieutenant — have been indicted by a federal grand jury in London, Kentucky, for their respective roles in assaults against two inmates and subsequent cover-ups, announced Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division; U.S. Attorney Carlton S. Shier for the Eastern District of Kentucky; Special Agent in Charge William J. Hannah of the Department of Justice Office of the Inspector General’s Chicago Field Office; and Special Agent in Charge Jodi Cohen of FBI Louisville. 

Officers Samuel Patrick, 41, and Clinton Pauley, 40, were indicted for assaulting one inmate and attempting to cover it up, and Lieutenant Kevin Pearce, 37, was also indicted for helping cover up that assault. Officer Pauley was also charged with assaulting a second inmate and attempting to cover up that assault.

The indictment alleges that, on April 29, 2021, defendants Patrick and Pauley, who were officers at the U.S. Penitentiary-Big Sandy, physically assaulted an inmate, identified in the indictment as C.T., violating that inmate’s constitutional rights. The indictment also alleges that the assault resulted in bodily injury, and that defendants Patrick and Pauley, as well as a supervisory officer, Lieutenant Pearce, attempted to cover up the assault by writing false reports. The indictment also charges defendants Patrick and Pearce with witness tampering based on their efforts to pressure a fellow correctional officer to write an untruthful report that omitted the assault.

The indictment further alleges that, on March 26, 2021, defendant Pauley physically assaulted a different inmate, identified in the indictment as N.D., who was being escorted away from the prison’s lieutenants’ office at Big Sandy, and that the assault resulted in bodily injury. The indictment also charges that defendant Pauley attempted to cover up the assault of N.D. by writing a false report.

The maximum penalties for the charged crimes are 10 years of imprisonment for the assault offenses, and 20 years of imprisonment for each of the witness tampering and false report offenses.

The Office of the Inspector General and the FBI conducted the investigation. Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky is prosecuting the case in partnership with Trial Attorney Thomas Johnson of the Civil Rights Division. 

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

The operators of a Key West, Florida, labor staffing company were sentenced to prison today for tax and immigration crimes related to their operation of the business.

Former City of Key West Police Officer Igor Kasyanenko was sentenced to 22 months in prison, and Roman Riabov was sentenced to 18 months in prison, for conspiring to defraud the IRS and conspiring to harbor aliens and induce them to remain in the United States.

Mikus Berzins was sentenced to 28 months in prison, and Andrejs Kozlovs was sentenced to 12 months and one day in prison. Both men knowingly hired 10 or more aliens who were not authorized to work in the United States.

According to court documents and statements made in court, from approximately 2014 to 2020, Berzins, Kasyanenko and Riabov owned and operated Phoenix ADB Services Inc. Kozlovs worked for the company from approximately 2016 to 2020. They each facilitated the employment of individuals in hotels, bars and restaurants in Key West and other locations, even though the employees were not authorized to work in the United States. In addition, all four men paid the workers without withholding Social Security, Medicare and income taxes from their wages, and then did not report those wages to the IRS as required by law. Kasyanenko and Riabov also encouraged workers to enter the United States and remain in the country, in violation of immigration laws.

In addition to the term of imprisonment, U.S. District Judge Donald L. Graham ordered defendants Berzins and Kasyanenko to each serve three years of supervised release, and Riabov and Kozlovs to each serve two years of supervised release. Kasyanenko and Riabov were also ordered to pay approximately $3.4 million in restitution, and Kozlovs was ordered to pay approximately $3 million in restitution. Berzins was ordered to pay a fine of $250,000.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida made the announcement.

U.S. Department of Homeland Security, Homeland Security Investigations and IRS-Criminal Investigation investigated the case.

Senior Litigation Counsel Sean Beaty and Trial Attorneys Jessica A. Kraft and Nicholas J. Schilling, Jr. of the Tax Division and Assistant U.S. Attorney Chris Clark for the Southern District of Florida prosecuted the case.

A New York man was sentenced Wednesday to four years in prison for purchasing stolen or compromised credit cards and assisting other members of the Infraud Organization in monetizing their fraudulent activity. The Infraud Organization, a transnational cybercrime enterprise engaged in the mass acquisition and sale of fraud-related goods and services, including stolen identities, compromised credit card data, computer malware, and other contraband. According to court documents, the enterprise boasted over 10,000 members at its peak and operated for more than seven years under the slogan “In Fraud We Trust.” The Infraud Organization is responsible for the purchase and sale of over four million stolen credit and debit card numbers. This scheme cost victims more than $568 million dollars. 

John Telusma, 37, aka Peterelliot, of Brooklyn, pleaded guilty in the District of Nevada to one count of racketeering conspiracy on Oct. 13, 2021. According to court documents, the defendant joined the Infraud Organization in August 2011, maintaining his membership for five and a half years. Telusma was among the most prolific and active members of the Infraud Organization, purchasing and fraudulently using compromised credit card numbers for his own personal gain.

Telusma is the 14th defendant to be held accountable for his role in the Infraud scheme. Telusma’s co-defendants who have been previously sentenced include:

• Infraud co-founder Sergey Medvedev, 34, aka Stells, of Russia, who was sentenced to 10 years in prison;
• Malware developer Valerian Chiochiu, 32, aka Onassis, of California, who was sentenced to 10 years in prison;
• VIP Member Arnaldo Sanchez Torteya, 35, aka Elroncoluna, of Mexico, who was sentenced to eight years in prison;
• VIP Member Edgar Rojas, 31 aka Guapo, of Venezuela, who was sentenced to eight years in prison;
• ATM skimmer Jose Gamboa, 35, aka Rafael101, of California, who was sentenced to eight years in prison; and
• VIP Member Pius Wilson, 35 aka FDIC, of New York, who was sentenced to seven years in prison.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Acting Special Agent in Charge Lucia Cabral-DeArmas of Homeland Security Investigations (HSI) Las Vegas made the announcement.

The HSI Las Vegas and the Henderson, Nevada, Police Department investigated the case. The Justice Department’s Office of International Affairs provided significant assistance in the investigation and prosecution of this case. 

Deputy Chief Kelly Pearson and Trial Attorneys Chad McHenry and Alexander Gottfried of the Justice Department’s Organized Crime and Gang Section prosecuted the case.

A California man pleaded guilty today to cyberstalking multiple young women in California in a “sextortion” campaign he waged while he was an active-duty member of the U.S. Marine Corps.  

According to court documents, from 2019 through 2021, Johao Miguel Chavarri, aka Michael Frito, 25, of Torrance, stalked and sent anonymous threatening communications to numerous victims, including the three victims discussed in court documents. 

Chavarri, often using the name “Frito,” contacted victims on social media platforms, including Instagram, Snapchat, and Twitter, complimented their appearance and/or their publicly posted photos, and suggested a relationship in which he would pay the victim to send him photos or videos. Some of the victims initially agreed to Chavarri’s requests and sent him nude, sexually explicit, or compromising photos. When victims either refused Chavarri’s initial request for photos, refused to send him additional photos or videos, or otherwise refused to continue to communicate with him online, Chavarri began to harass, threaten, and extort the victims using numerous online accounts. In most cases, he threatened to publish sexual photos and videos of the victims online or on well-known pornography websites and/or to distribute the sexual photos or videos to the victims’ boyfriends, friends, families, or employers — people he often specifically identified by name. Chavarri threatened his victims and their friends and family that he would ruin their lives.

Chavarri pleaded guilty to three counts of cyberstalking. He is scheduled to be sentenced on Sept. 15 and faces up to five years in prison on each count. 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; U.S. Attorney Tracy L. Wilkison for the Central District of California; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; and Supervisory Special Agent Adam Smith of the FBI’s Los Angeles Field Office made the announcement.

The FBI’s Los Angeles Field Office, Long Beach Resident Agency, investigated the case, with assistance from the Naval Criminal Investigative Service.   

Assistant U.S. Attorney Lauren Restrepo for the Central District of California and Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.

Anyone who believes they are a victim in this case or is aware of a victim in this case is urged to contact the FBI’s Los Angeles Field Office, which can be reached 24 hours a day at (310) 477-6565.

Kalvinn Garcia, 25, of Sedro Woolley, Washington, pleaded guilty to one count of committing a hate crime for the Feb. 24, 2020, arson at Queer/Bar, a nightclub and event space in Seattle, Washington. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Nick Brown for the Western District of Washington and Special Agent in Charge Donald M. Voiret for the FBI Seattle Field Office made the announcement.

According to documents filed in connection with the plea, Garcia set fire to the contents of a dumpster in the alley directly behind Queer/Bar on Feb. 24, 2020. Garcia was arrested only minutes after setting the fire. Garcia admitted to law enforcement that he set the fire and that he targeted Queer/Bar because it angered him to see a sign that said “queer.” He also told officers, “I think it’s wrong that we have a bunch of queers in our society.” A few weeks after the incident, Garcia told a stranger that his intent in setting the fire was to trap and hurt the people inside.

“The defendant targeted the patrons inside Queer/Bar, a known safe space for the LGBTQI+ community,” said Assistant Attorney General Clarke. “Hate crimes have no place in our society today and we stand ready to use our federal civil rights laws to hold perpetrators accountable. All people deserve to feel safe and secure living in their communities, regardless of their sexual orientation or gender identity.”

“Garcia endangered countless people who he did not know and who were simply trying to live their lives, solely because of his own hatred,” said U.S. Attorney Brown. “We must stand up to this hate at every opportunity, to demonstrate to our community that acting on hate will not be tolerated.”

“Garcia’s hateful act endangered and spread fear in the LGBTQ+ community and caused damage to this business establishment,” said Special Agent in Charge Voiret. “Fortunately, our partners at the Seattle Police Department were able to respond quickly to this arson. This case shows our commitment to investigating civil rights violations with our partners.”

Garcia faces a maximum sentence of 10 years of imprisonment and a $250,000 fine.

The case was investigated by FBI and the Seattle Police Department. The case is being prosecuted by Assistant U.S. Attorney Rebecca Cohen and Trial Attorney Angie Cha of the Civil Rights Division.

The Department of Justice announced today that Grupo Verzatec S.A. de C.V. (Verzatec) has abandoned its proposed acquisition of Crane Composites (Crane), a wholly-owned subsidiary of Crane Co. The proposed transaction would have eliminated intense competition between Verzatec and its biggest competitor, Crane, allowing Verzatec to dominate the industry and harm American businesses.

On March 17, the department filed suit to block the transaction in the U.S. District Court for the Northern District of Illinois. The complaint alleged that the proposed $360 million transaction would harm competition in production and sale of pebbled fiberglass reinforced plastic (FRP) wall panels, whose product and performance characteristics make it the wall covering of choice for many restaurants, grocery stores, hospitals and convenience stores across the United States. The trial was scheduled for Oct. 4. As a result of Verzatec and Crane’s decision to terminate their transaction agreement, the United States has filed a joint stipulation of dismissal.   

“Verzatec’s proposed acquisition of Crane was a brazen attempt to eliminate its main rival and establish a monopoly in this market. This case further demonstrates the Justice Department’s resolve to file and litigate suits to block unlawful and anticompetitive mergers under both the Clayton Act and as illegal monopolization under the Sherman Act,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “I would like to recognize the tremendous efforts of our staff who investigated and litigated the case so strongly and applaud them for this excellent result on behalf of American businesses.”

As a result of the abandonment, building supply distributors and home-improvement retailers across the nation will continue to benefit from the head-to-head competition between the companies, as will the many American businesses that use pebbled FRP in applications where low cost, durability and sanitary performance are paramount.

Verzatec is a privately held Mexican corporation with its headquarters in Monterrey, Mexico. Verzatec and its subsidiary Stabilit America Inc. produce and sell building materials and wall coverings, including pebbled FRP wall panels, in the United States under several business units, including Glasteel, Marlite and Nudo.

Crane Company is a Delaware corporation headquartered in Stamford, Connecticut. Crane Company’s wholly-owned subsidiary Crane Composites Inc. manufactures and sells pebbled FRP wall panels in the United States under several brand names, including Glasbord and Sequentia.

The Department of Justice, pursuant to a court-ordered default judgment and final order of forfeiture entered on May 24, has secured the forfeiture of a Potomac, Maryland, property acquired with approximately $3.5 million in alleged corruption proceeds by the former President Yahya Jammeh of The Gambia, through a trust set up by his wife, Zineb Jammeh.

The judgment is the result of a civil forfeiture complaint filed by the United States in July 2020 seeking the forfeiture of the Maryland property. As alleged in the complaint, Yahya Jammeh corruptly obtained millions of dollars through the misappropriation of stolen public funds and the solicitation of bribes from businesses seeking to obtain monopoly rights over various sectors of the Gambian economy. Jammeh conspired with his family members and close associates to utilize a host of shell companies and overseas trusts to launder his alleged corrupt proceeds throughout the world, including through the purchase of a multimillion-dollar mansion in Potomac, Maryland. With this entry of final judgment, ownership of that Maryland property has now been forfeited to the United States along with all rental income generated by the property since the filing of the amended complaint in August 2020. The United States intends to sell the property, and recommend to the Attorney General that the net proceeds from the sale of the forfeited property be used to benefit the people of The Gambia harmed by former President Jammeh’s acts of corruption and abuse of office. 

“The Department of Justice is committed to using the rule of law to forfeit assets traceable to alleged foreign corruption,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This case demonstrates our ability to work with foreign partners to secure the forfeiture of assets allegedly derived from illicit bribes and stolen funds despite complex attempts to disguise the proceeds and their intended recipients.” 

“Corrupt foreign officials will not be allowed to hide illegal proceeds in Maryland or anywhere else in the United States,” said U.S. Attorney Erek L. Barron for the District of Maryland. “We will use all the tools at our disposal to track down and seek to repatriate those funds.”

“Maryland real estate is not a shelter for funds for corrupt rulers who have stolen from their countrymen,” said Acting Special Agent in Charge Selwyn Smith of Homeland Security Investigations (HSI) Baltimore. “Working with our domestic and foreign partners, HSI Baltimore has been able to recover property purchased with ill-gotten gain. From here, we will focus our efforts into returning those funds to the people of The Gambia, from whom they were stolen.”    

The investigation was conducted by HSI’s Illicit Proceeds and Foreign Corruption Investigations Group in Miami, with the assistance of the HSI Office of the Special Agent in Charge for Baltimore, HSI Attaché Office in Dakar, Senegal and the U.S. Department of State’s Diplomatic Security Service. The Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) provided capacity building assistance and mentoring.

The case is being handled by Trial Attorneys Steven Parker and Kaycee Sullivan of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Jennifer Wine for the District of Maryland. Substantial assistance was provided by the Justice Department’s Office of International Affairs. The department also thanks the government of The Gambia for its assistance.

The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov.

The Department of Justice announced today that the U.S. District Court for the Northern District of Georgia has approved a consent decree resolving the department’s Fair Housing Act lawsuit alleging race discrimination in housing by the owners and manager of two rental properties in Cedartown, Georgia. The defendants are Crimson Management LLC; Benefield Housing Partnership (dba Cedartown Commons); and Cedartown Housing Associates (dba Cedarwood Village).

The lawsuit, filed in May 2020, alleged that the defendants steered Black housing applicants who are elderly or have a disability away from Cedarwood Village, a predominantly white housing complex, to Cedartown Commons, a housing complex that is inferior in appearance, location and amenities to Cedarwood Village. Most residents of Cedartown Commons are Black. The lawsuit further alleged that the defendants subjected Black residents who are elderly or have a disability to less favorable rental terms, conditions and privileges as compared to similarly situated white tenants. The defendants’ policies allegedly perpetuated segregation at the two properties.

“It is unacceptable that race discrimination in housing persists in our nation more than a half-century after President Johnson signed the Fair Housing Act into law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This Justice Department is committed to vigorously enforcing our civil rights laws by holding housing providers responsible when they perpetuate racial segregation or otherwise engage in prohibited discrimination.”

“Access to housing opportunities remains unequal for Black housing applicants all too often,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “My office will continue to devote resources to eradicate this injustice and we will continue to hold housing providers accountable for racial discrimination in violation of the Fair Housing Act.”

This case was jointly litigated by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Georgia.

Under the court-approved decree, the defendants are required to pay $83,000 in damages to three former tenants who were allegedly harmed as a result of the defendants’ racial steering; pay a civil penalty to the United States; implement nondiscriminatory policies and procedures; complete fair-housing training; and submit periodic reports to the Justice Department.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt.

Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-800-896-7743, e-mailing the Justice Department at fairhousing@usdoj.gov, or submitting a report online at https://civilrights.justice.gov/. Individuals may also contact the Department of Housing and Urban Development at 1-800-669-9777 or by file a complaint online at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint?utm_medium=email&utm_source=govdelivery.

A Chicago-area man pleaded guilty yesterday to mail fraud and aggravated identity theft associated with his filing of false tax returns.

According to court documents, Wilmer Alexander Garcia Meza used the personal identifying information of others — including their names, dates of birth and identification documents such as foreign passports — to fraudulently obtain Individual Taxpayer Identification Numbers (ITINs) in their names from the IRS. An ITIN is a tax processing number issued by the IRS to individuals who do not have, and are not eligible to obtain, a Social Security number. From 2013 through 2017, Garcia used the ITINs to file tax returns in the names of these stolen identities, claiming thousands of dollars in fraudulent refunds. Garcia then used identification documents in those same names to cash these refund checks issued by the IRS. In total, Garcia caused a tax loss of approximately $222,000.

Garcia is scheduled to be sentenced on Aug. 17 and faces a mandatory minimum sentence of two years in prison for aggravated identity theft and a maximum sentence of 20 years in prison for mail fraud. 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 Thomas Flynn and Jacob Green of the Tax Division are prosecuting the case. Former Trial Attorney Michael Landman also provided valuable assistance on the case.

Melvin Hilson, 49, a former deputy warden at the Mississippi State Penitentiary, which is also known as Parchman, pleaded guilty today to violating an inmate’s civil rights in 2016. In June 2021, Hilson was charged with violating the inmate’s civil rights by repeatedly striking him and knocking him to the ground, which resulted in the inmate suffering a ruptured eardrum, abrasions to his ear and neck and prolonged headaches. Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division and U.S. Attorney Clay Joyner of the Northern District of Mississippi made the announcement.

“This defendant is being held accountable for violating his duty as a corrections officer by unlawfully assaulting an inmate under his custody,” said Assistant Attorney General Clarke. “This former Parchman deputy warden caused severe injury to the victim, and his actions violated the trust that we place in corrections officials to lawfully carry out their duties. The Civil Rights Division will continue to hold law enforcement officials accountable when they use force without basis and violate people’s civil rights inside our jails and prisons.” 

“When corrections officials use unlawful, unnecessary and unwarranted force against inmates, it casts a stain on the profession and all the upstanding officers who do their jobs each and every day within the confines of the law,” said U.S. Attorney Joyner. “Today’s guilty plea is an important step to ensuring that those who choose to violate the public’s trust are held accountable for their illegal actions.”

According to court documents and statements made during today’s hearing, Hilson was working as a member of Parchman’s K-9 Unit at the time of the assault. On or around Aug. 3, 2016, J.T. was in a caged area inside of the medical unit, where he waited to be seen by a medical provider. Hilson approached J.T. and struck him with a closed fist several times, knowing that there was no reason to use force and that J.T. did not pose any threat to himself or others. During the assault, Hilson knocked J.T. to the ground, picked him up, and then struck him and knocked him to the ground again. According to prosecutors, J.T. did not attempt to fight back or defend himself from Hilson’s assault.   

A federal grand jury indicted Hilson in June 2021 on three separate counts, including writing a false report to conceal the assault and lying to Mississippi Department of Corrections investigators about the assault. The obstruction charges will be dismissed at the conclusion of sentencing. The civil rights violation carries a maximum sentence of 10 years’ imprisonment and a $250,000 fine. Hilson is scheduled to be sentenced on Sept. 1, 2022.

This case was investigated by the Jackson Division of the FBI. Special Litigation Counsel Samantha Trepel and Trial Attorney Cameron A. Bell of the Civil Rights Division, and Assistant U.S. Attorneys Kimberly Hampton and Robert Mims of the Northern District of Mississippi are prosecuting the case. 

The Justice Department announced today that after careful re-review of evidence gathered in the investigation of two former FBI special agents in connection with their involvement in the FBI’s investigation of Lawrence G. Nassar, it is adhering to its prior decision not to bring federal criminal charges.

This decision comes after multiple reviews and analyses of evidence gathered in the investigation of the former agents, and reflects the recommendation of experienced prosecutors. This does not in any way reflect a view that the investigation of Nassar was handled as it should have been, nor in any way reflect approval or disregard of the conduct of the former agents.

While the Justice Department’s Office of Inspector General has outlined serious concerns about the former agents’ conduct during the Nassar investigation, and also described how evidence shows that during interviews in the years after the events in question both former agents appear to have provided inaccurate or incomplete information to investigators, the Principles of Federal Prosecution require more to bring a federal criminal case.

We will continue to learn from what occurred in this matter, and undertake efforts to keep victims at the center of our work and to ensure that they are heard, respected, and treated fairly throughout the process, as they deserve. To that end, the department has continued to assess gaps in the law to protect the most vulnerable among us from exploitation. Addressing those gaps could help prevent events like this from taking place in the future and hold perpetrators accountable. We stand ready to collaborate with Congress to do so.

The Department of Justice, together with the Federal Trade Commission (FTC), announced a settlement that, if approved by a federal court, will require Twitter Inc. to pay $150 million in civil penalties and implement robust compliance measures to protect users’ data privacy. The settlement will resolve allegations that Twitter violated the FTC Act and an administrative order issued by the FTC in March 2011 by misrepresenting how it would make use of users’ nonpublic contact information. 

In a complaint filed today in the U.S. District Court for the Northern District of California, the government alleges that Twitter violated the FTC Act and the 2011 order by deceiving users about the extent to which Twitter maintained and protected the security and privacy of users’ nonpublic contact information. Specifically, the complaint alleges that, from May 2013 to September 2019, Twitter told its users that it was collecting their telephone numbers and email addresses for account-security purposes, but failed to disclose that it also would use that information to help companies send targeted advertisements to consumers. The complaint further alleges that Twitter falsely claimed to comply with the European Union-U.S. and Swiss-U.S. Privacy Shield Frameworks, which prohibit companies from processing user information in ways that are not compatible with the purposes authorized by the users. 

“The Department of Justice is committed to protecting the privacy of consumers’ sensitive data,” said Associate Attorney General Vanita Gupta. “The $150 million penalty reflects the seriousness of the allegations against Twitter, and the substantial new compliance measures to be imposed as a result of today’s proposed settlement will help prevent further misleading tactics that threaten users’ privacy.” 

“As the complaint notes, Twitter obtained data from users on the pretext of harnessing it for security purposes but then ended up also using the data to target users with ads," said FTC Chair Lina M. Khan. “This practice affected more than 140 million Twitter users, while boosting Twitter’s primary source of revenue.”

“Consumers who share their private information have a right to know if that information is being used to help advertisers target customers,” said U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Social media companies that are not honest with consumers about how their personal information is being used will be held accountable.”

Twitter has agreed to settle the government’s allegations by paying a $150 million civil penalty and implementing significant new compliance measures intended to ensure that Twitter improves its data privacy practices. For instance, Twitter will be required to develop and maintain a comprehensive privacy and information-security program, conduct a privacy review with a written report prior to implementing any new product or service that collects users’ private information, and conduct regular testing of its data privacy safeguards. Twitter also will be required to obtain regular assessments of its data privacy program from an independent assessor, provide annual certifications of compliance from a senior officer, provide reports after any data privacy incidents affecting 250 or more users, and comply with numerous other reporting and record-keeping requirements. The settlement also will require Twitter to notify all U.S. customers who joined Twitter before Sept. 17, 2019, about the settlement and to provide users with options for protecting their privacy and security. Under the settlement terms, the Department of Justice and FTC will each have responsibility for monitoring and enforcing Twitter’s compliance.

This matter is being handled by attorneys in the Civil Division’s Consumer Protection Branch, including Director Gustav W. Eyler, Assistant Director Lisa K. Hsiao and Trial Attorneys Zachary Cowan and Deborah Sohn; Assistant U.S. Attorney Emmet Ong of the U.S. Attorney’s Office for the Northern District of California; James Kohm, Reenah Kim and Laura Koss from the FTC’s Division of Enforcement; and Andrea Arias of the FTC’s Division of Privacy and Identity Protection.

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

A federal judge in Wilmington, North Carolina, sentenced Jesse James Freeman, 48, of Franklinville, North Carolina, to 18 months in prison and three years of post-release supervision. Freeman will also have to pay a $25,000 fine to the Lacey Act Reward Fund. The judge prohibited Freeman from owning wild-caught wildlife and any wildlife without documentation of origin during the supervisory period. Freeman pleaded guilty on Sept. 30, 2020, to trafficking turtles in violation of the Lacey Act.

In pleading guilty, Freeman admitted that between January 2017 and September 2018, he supplied turtles to middlemen throughout the country so they could smuggle them to Asia. He collected the turtles himself and hired poachers to illegally obtain them throughout North Carolina. Freeman trafficked at least 722 eastern box turtles, 122 spotted turtles and three wood turtles. Freeman personally received at least $121,000 in payment for those turtles. The market value in Asia for those turtles exceeded $1.5 million.

Freeman possessed and sold the turtles in violation of North Carolina laws. The federal Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, transporting wildlife in interstate commerce if the wildlife were illegally taken under state laws.

The eastern box turtle (Terrapene carolina carolina) is the North Carolina state reptile and endemic to forested regions of the East Coast and Midwest. The spotted turtle (Clemmys guttata) and wood turtle (Glyptemys insculpta) are semi-aquatic turtles native to the eastern United States and Great Lakes region. Poaching can have devastating impacts on all three turtle species given the low survival rate of hatchlings and the time it takes to reach sexual maturity. Collectors prize these species in the domestic and foreign pet trade market, where they are resold for thousands of dollars.

All three turtle species are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES provides a mechanism for regulating international trade in species whose survival is considered threatened by trade. The turtles are listed in Appendix II of CITES, which includes wildlife, fish and plant species that are not presently threatened with extinction but may become so if their trade is not regulated. The United States and approximately 183 other nations are signatories to the CITES treaty.

“The Department of Justice is committed to protecting our native species from international trafficking,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s sentence is the latest example that there are severe consequences to those who violate the Lacey Act by exploiting turtles.”

“The U.S. Fish and Wildlife Service, Office of Law Enforcement, considers the illegal collection and commercialization of native reptiles to include eastern box turtles a high priority, and we will continue to work closely with our state partners and the Department of Justice to investigate and prosecute these important cases,” said Assistant Director Edward Grace of the U.S Fish and Wildlife Service’s (USFWS) Office of Law Enforcement.

The USFWS Office of Law Enforcement in Raleigh conducted the investigation with assistance from the North Carolina Wildlife Resource Commission. The operation was a part of ongoing efforts to combat the trafficking of turtles and tortoises native to the United States. The government is represented by Trial Attorneys Banu Rangarajan and Ryan Connors of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Toby Lathan for the Eastern District of North Carolina.

An El Salvador man was sentenced today to life in prison for murder in aid of racketeering and conspiracy to commit murder in aid of racketeering. 

Juan Carlos Sandoval-Rodriguez, aka Picaro, aka El Pastor, aka Gasper, 24, of El Salvador, was sentenced to life in federal prison for a racketeering conspiracy, racketeering, attempted murder, assault with a dangerous weapon, conspiracy to commit murder in aid or racketeering, as well as related violent crimes in aid of racketeering, including three murders, connected to his participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13.

On Oct. 31, 2019, after a nine-day trial, a federal jury convicted Sandoval-Rodriguez of murder in aid of racketeering, and conspiracy to commit murder in aid of racketeering, in connection with a murder that occurred on March 11, 2016.

On Jan. 24, 2022, a federal jury convicted Sandoval-Rodriguez of racketeering charges, along with co-defendants Jose Joya-Parada, aka Calmado, 21; Oscar Armando Sorto-Romero, aka Lobo, 23; and Milton Portillo-Rodriguez, aka Little Gangster, aka Seco, 26, after a three-month trial. Sandoval-Rodriguez, Portillo-Rodriguez, and Sorto-Romero were also convicted of multiple counts of murder in aid of racketeering. 

Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland. Sandoval-Rodriguez, Portillo-Rodriguez, and Joya-Parada were members of the Fulton Locos Salvatruchas (FLS) clique. Co-defendant Sorto-Romero was part of the Parque Vista Locos Salvatruchas (PVLS) clique. 

Evidence at both trials established that between 2015 and 2017, Sandoval-Rodriguez and his co-defendants engaged in a pattern of racketeering, drug trafficking, extortion, murder, and brutal acts of violence against suspected rivals of the gang in an effort to increase MS-13’s power in the Frederick County, Montgomery County, and Anne Arundel County areas of Maryland.

Evidence presented at the 2019 trial established that Sandoval-Rodriguez participated in the murder of a suspected rival gang member on March 11, 2016. During this murder, Sandoval-Rodriguez lured the victim to Quiet Waters Park in Annapolis, Maryland, with the intention of killing him. Surveillance video from a nearby laundromat captured Sandoval-Rodriguez and the victim walking toward Quiet Waters Park on the evening of the murder. Once the victim arrived at the park, members of the gang struck him in the head with a branch or stick, and the assailants, including Sandoval-Rodriguez, repeatedly stabbed the victim with a knife, killing him. 

While Sandoval-Rodriguez and other members of the gang committed the murder, other MS-13 members and associates stood watch outside the park to ensure no one entered or left the park, and to watch for police, so that the gang could complete the murder. Sandoval-Rodriguez cut his finger on the knife that he used to stab the victim. After the victim was killed, MS-13 members and associates buried him in a shallow grave inside the park, but Sandoval-Rodriguez did not bury the body because of the cut on his finger and fear that he would leave evidence at the scene. The body was not recovered until Aug. 28, 2017, when it was exhumed by law enforcement. After his arrest, Sandoval-Rodriguez’s writings about the murder as well as additional MS-13 paraphernalia was recovered among his personal belongings in jail. Sandoval-Rodriguez participated in the murder to raise his status in the gang and to assert the authority of MS-13 in Annapolis.

Trial evidence related to Sandoval-Rodriguez at his second trial focused on his participation in several murders, including that of a 17-year-old victim, who was believed to be a rival gang member. Specifically, the evidence showed that on March 31, 2017, the gang lured a 17-year-old from Annapolis to Wheaton Regional Park, where they stabbed him over 100 times, dismembered him, removed his heart, and buried him in a clandestine grave. Evidence was presented that Sandoval-Rodriguez and Portillo-Rodriguez lured the victim and, with other MS-13 members and associates, brought him from Annapolis to Wheaton Regional. Sandoval-Rodriguez, Portillo-Rodriguez, and Joya-Parada participated in the murder by stabbing, cutting, and dismembering the victim and Joya-Parada also helped to dig the victim’s grave. 

Trial evidence also demonstrated that Sandoval-Rodriguez participated in a murder that occurred on June 24, 2017. In that murder, the gang used a female associate to lure a 21-year-old woman into a car and then took her to a wooded area in Crownsville, where she was killed, her body was dismembered, and she was buried in a clandestine grave. Co-defendant Portillo-Rodriguez aided in the planning of the murder and helped lure the victim into a car. Sandoval-Rodriguez traveled to the wooded area earlier in the day to dig a hole for the victim’s grave. MS-13 members caused the victim to lose consciousness, removed her clothing, and decapitated the victim with a machete. Sandoval-Rodriguez and Portillo-Rodriguez participated in the murder by stabbing and slashing the victim’s body with a machete, dismembering the body, and burying the body in a wooded area. As a result of their participation in the murder, Sandoval-Rodriguez, Portillo-Rodriguez, and other gang members were promoted within MS-13.

More than 30 MS-13 gang members and associates have been convicted in these cases.

Co-defendants from Sandoval-Rodriguez’s first case, Marlon Cruz-Flores, 25, Fermin Gomez-Jimenez, 23, Moises Alexis Reyes-Canales, and Manuel Martinez-Aguilar, aka El Lunatic, aka Zomb, 22, all of Annapolis, previously pleaded guilty to racketeering conspiracy and a firearms offense. Both Gomez-Jimenez and Cruz-Flores were sentenced to 38 years in prison, Reyes-Canales was sentenced to 35 years in prison, and Martinez-Aguilar was sentenced to 24 years in prison.

On April 20, 2022, Joya-Parada was sentenced to 50 years in federal prison for a racketeering conspiracy, racketeering, and related violent crimes in aid of racketeering. Portillo-Rodriguez and Sorto-Romero were each sentenced to life in federal prison, for a racketeering conspiracy and for racketeering, as well as related violent crimes in aid of racketeering, including multiple murders. 

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; Special Agent in Charge Thomas J. Sobocinski of the FBI’s Baltimore Field Office; Acting Special Agent in Charge Selwyn Smith of Homeland Security Investigations (HSI), Baltimore Office; and Special Agent in Charge Toni M. Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division made the announcement.

The case was investigated by the FBI; HSI; ATF; Frederick Police Department; Frederick County Sheriff’s Office; Anne Arundel, Montgomery, and Prince George’s County Police Departments; and Anne Arundel, Frederick, Montgomery, and Prince George’s County State’s Attorneys, with valuable assistance provided by the Baltimore County Police Department.

Assistant U.S. Attorney Zachary Stendig for the District of Maryland and Trial Attorney Matthew Hoff of the Criminal Division’s Organized Crime and Gang Section prosecuted the first trial. Assistant U.S. Attorneys Kenneth S. Clark, Zachary Stendig, and Anatoly Smolkin for the District of Maryland prosecuted the second trial.

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. HSI and the FBI both have nationwide tip lines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.

As part of the 39th annual National Missing Children’s Day commemoration, the Department of Justice today honored 12 courageous individuals for their extraordinary efforts to recover missing children and bring sexual predators to justice.

“Every day, law enforcement professionals, advocates, and citizens alike step up to protect children from harm, reunite missing children with their families, and provide support in the aftermath of a traumatic event,” said Attorney General Merrick B. Garland. “Today, the Justice Department is proud to honor some of these heroes and recognize them for their tireless work to create a safer and better world.”

The Department’s Office of Justice Programs’ (OJP) Office of Juvenile Justice and Delinquency Prevention (OJJDP) leads the nation in observing National Missing Children’s Day. The observance was first proclaimed by President Ronald Reagan in 1983 in memory of six-year-old Etan Patz, who disappeared while walking to his bus stop in lower Manhattan on May 25, 1979. National Missing Children’s Day honors his memory and those children still missing. Etan’s killer was convicted in February 2017.

“We are at our best as a nation when we are working to secure a brighter future for our children,” said OJP Principal Deputy Assistant Attorney General Amy L. Solomon. “There is no better reflection of our values as a society than our concern for the welfare of our young people, and these committed professionals have given clear expression to our aspirations.”

In lieu of an in-person ceremony, OJJDP has launched a website today featuring information about the awardees and statements from OJP Principal Deputy Assistant Attorney General Solomon, OJJDP Administrator Liz Ryan and President and CEO of the National Center for Missing & Exploited Children Michelle DeLaune.                                                    

“We are deeply grateful to these 12 individuals for their exceptional deeds of bravery, vigilance and compassion on behalf of our nation’s children,” said OJJDP Administrator Ryan. “We could not be more proud to honor them on this special day.”

This year’s recipients are honored with the following awards:

Attorney General’s Special Commendation: This commendation recognizes the extraordinary efforts of an Internet Crimes Against Children  task force, an affiliate agency or an individual assigned to either for making a significant investigative or program contribution to the ICAC task force program.

Recipients: Special Agent Theodore Indermuehle, Special Agent Wade Beardsley, Victim Service Specialist Leeana Liska and Senior Digital Forensic Examiner Tyrel Olsen of the Wisconsin ICAC task force, and Assistant U.S. Attorney Elizabeth Altman for the Western District of Wisconsin. They participated in an investigation that resulted in the arrest, prosecution and conviction of a high school teacher who was a sexual predator and who communicated directly with underage girls across many states to obtain sexually explicit videos.

Missing Children’s Law Enforcement Award: This award recognizes the extraordinary efforts of law enforcement officers who have made a significant investigative or program contribution to the safety of children.

Recipients: Special Agents Maria Markley, Star'Shemah Sylvestre, Kelli Johnson, Lisa Carroll, and Brandy Nettles of the Naval Criminal Investigative Service (NCIS) headquarters and field offices. They led NCIS efforts related to two significant initiatives, Operation Stolen Innocence and a cyber operation targeting Navy offenders. These included building a complex computer program to collect and analyze data from multiple sources.

Missing Children’s Child Protection Award: This award recognizes the extraordinary efforts of child protective service agency personnel, law enforcement officers, or other professionals who have made a significant investigative or program contribution to protecting children from abuse or victimization.

Recipients: Assistant Special Agent in Charge Shelly Smitherman and Intelligence Analyst Emily Keifer of the Tennessee Bureau of Investigation, Nashville. In coordination with the U.S. Marshals Service and the Tennessee Department of Children's Services, they spearheaded Operation Volunteer Strong, a bold effort to identify and locate missing children in the state, leading to the recovery of 150 children in Tennessee. In some cases, the recovered children were identified as victims of human trafficking, which resulted in further investigative efforts.

The Department also named Sue Lee, a 5th grader at St. James Episcopal School in Los Angeles, California, as the winner of the 2022 National Missing Children’s Day poster contest. The contest creates an opportunity for schools, law enforcement, and child advocates to discuss the issue of child safety with youth and their parents.

OJP provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims, and strengthen the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.