District Not Recorded

Empire Bulkers Limited and Joanna Maritime Limited, related companies based in Greece, pleaded guilty today to knowing violations of the Act to Prevent Pollution from Ships and the Ports and Waterways Safety Act related to the Motor Vessel Joanna.  

The guilty pleas took place today in federal court in New Orleans, Louisiana, before U.S. District Court Judge Mary Ann Vial Lemmon. If the proposed plea agreement is approved by the court, the companies will be fined $2 million ($1 million each), and serve four years of probation subject to the terms of an environmental compliance plan that includes independent ship audits and supervision by a court appointed monitor.

“Deliberate violation of environmental and safety laws pose a serious threat to U.S. ports and waters, as well as to those working on ships,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “These corporations knowingly engaged in dangerous and deceitful misconduct that warrants robust enforcement of the law.”

“This prosecution sends a clear and deterrent message that those who cut corners and break the law will be vigorously prosecuted,” said U.S. Attorney Duane Evans for the Eastern District of Louisiana. “These companies will be under close supervision going forward.”

In pleading guilty, Empire Bulkers and Joanna Maritime admitted to knowingly falsifying the ship’s Oil Record Book, a required log, that concealed overboard discharges of oil contaminated waste made in violation of MARPOL, an international treaty to which the United States is a party. The criminal violation of the Act to Prevent Pollution from Ships was discovered by a U.S. Coast Guard inspector who noticed that a valve handle used to sample the oil content of overboard discharges was out of position during a March 2021 inspection in New Orleans, according to a joint factual statement filed in court. A metal piece found welded inside enabled overboard discharges to occur while the sample being evaluated by the Oil Content Monitor was being diluted with fresh water.

A Coast Guard advisory issued in 2008 as well as a notice from the manufacturer of the monitor warned about this exact method of tricking the oil content monitor. Overboard discharges are only permissible if they are processed through an oily water separator and measured by the oil content monitor to contain a concentration of oil less than 15 parts per million (ppm) without dilution. The entries made in the oil record book relating to overboard discharges and presented to the Coast Guard falsely indicated that discharges had occurred through 15 ppm equipment. The ship owner and operator also admitted that discharge entries in the oil record book had been co-signed by an engineer that did not have anything to do with the operations or have knowledge of their accuracy.

The Coast Guard discovered an unreported safety hazard during the same inspection. After Coast Guard was on the vessel, ship representatives sought permission to maneuver from the Bonnet Carre Anchorage to the CCI Buoys further upriver where cargo operations were scheduled to take place. Coast Guard inspectors travelling with the ship during the voyage noticed drops of oil in the engine room. They followed the trail of oil which led near the purifier room. When they looked inside, the purifier room, the Coast Guard discovered that the discharge line from the pressure relief valves had been disconnected and crimped closed thus disabling both pressure relief valves. The safety relief valves on the fuel oil heaters serve a critical safety function because they allow pressure to be released and oil diverted to a waste oil tank. In papers filed in court, the defendants admitted that the plugging of the relief valves and the large volume of oil leaking from the pressure relief valve presented hazardous conditions that had not been immediately reported to the Coast Guard in violation of the Ports and Waterways Safety Act. Had there been a fire or explosion in the purifier room, it could have been catastrophic and resulted in a loss of propulsion, loss of life, and pollution, according to the factual statement.

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

“Today, another mass shooting has taken the lives of innocent victims, including elementary school children and their teacher. This act of unspeakable violence has devastated an entire community and shaken our country. 

“FBI and ATF agents have responded to the scene, and the Justice Department is committed to providing our full support to our law enforcement partners on the ground in Texas and to the Uvalde community. 

“We join our fellow Americans in mourning this terrible loss and in their resolve to end this senseless violence.”

The Justice Department announced that it has agreed to settle its complaint against the Illinois Department of Corrections, which alleged that the IDOC violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to properly reemploy Illinois Air National Guard Reservist Roderick Workman in his proper “escalator position” following his return from military service.

“Those who serve in our Armed Forces make incredible sacrifices on behalf of our country and the Justice Department remains committed to enforcing civil rights laws that protect them in their civilian careers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Reservists who leave their jobs to serve our country should not lose employment and advancement opportunities when they return from duty. The department will vigorously enforce USERRA to ensure reservists are placed in their rightful positions.” 

In its complaint, the United States alleged that the IDOC failed to properly reemploy Workman as a Correctional Transportation Officer I (CTO I) when he returned from military service in December 2019. USERRA requires employers to reemploy eligible employees returning from military service in their “escalator position,” which is the job it is reasonably certain the employee would have been in had he or she not been called to military service. The United States claimed the CTO I position, which became available during Workman’s military absence, was his escalator position because he was qualified for the position and tried to apply for the position before he left for military duty, and IDOC would have selected Workman had he been there to bid based on his seniority and qualifications.

Under the terms of the consent decree, subject to court approval, the IDOC will pay Workman $9,026.71 in backpay and interest, make changes to its policies, and conduct comprehensive training on USERRA for its employees.

Trial Attorneys Dena Robinson and Hillary Valderrama of the Civil Rights Division’s Employment Litigation Section handled this matter.

The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

The Department of Justice announced today that it has opened an investigation under the Americans with Disabilities Act (ADA) into whether the Commonwealth of Kentucky subjects adults with serious mental illness living in the Louisville/Jefferson County Metro area to unnecessary institutionalization, and serious risk of institutionalization, in psychiatric hospitals. The investigation will examine whether Kentucky unnecessarily segregates people with serious mental illness in psychiatric hospitals and places them at risk of law enforcement encounters by failing to provide integrated community-based mental health services needed to avoid these results.

“When people do not receive the community-based mental health services they need, they often get caught in a cycle of psychiatric hospital stays,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This investigation also seeks to ensure that people with serious mental illness are not unnecessarily brought into contact with law enforcement. The Civil Rights Division is committed to enforcing the ADA so that people with disabilities are able to receive the services they need and qualify for, and that their civil rights are protected.” 

“A state must make reasonable accommodations and provide appropriate community-based services to people with disabilities,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “Our office will vigorously enforce the ADA. Our fellow citizens with mental health disabilities deserve nothing less.”

This investigation is separate from the Justice Department’s ongoing pattern or practice investigation into the Louisville/Jefferson County Metro Government (Louisville Metro) and the Louisville Metro Police Department (LMPD). That investigation is examining several issues, including Louisville Metro and LMPD’s systems for responding to people experiencing behavioral health crises. The Special Litigation Section of the Department of Justice’s Civil Rights Division, in Washington, D.C., and the Civil Division of the United States Attorney’s Office for the Western District of Kentucky, in Louisville, are jointly conducting both investigations.

Prior to the announcement, the department informed the offices of Kentucky’s Governor and Attorney General of the investigation’s initiation. 

Individuals with relevant information are encouraged to contact the department via email at Community.Kentucky@usdoj.gov or through the Civil Rights Division’s Civil Rights Portal, available at https://civilrights.justice.gov/.

Additional information about the Civil Rights Division’s ADA enforcement is available on its website at https://www.ada.gov/olmstead/.

BANGOR, Maine:  A Bangor man was sentenced in federal court today for possession with the intent to distribute methamphetamine and fentanyl, U.S. Attorney Darcie N. McElwee announced.

U.S. District Judge Lance E. Walker sentenced Blaine Footman, 35, to five years in prison and four years of supervised release. Footman pleaded guilty on June 22, 2021.

According to court records, in May 2021, members of the Bangor Police Department responded to a gas station to find Footman passed out behind the wheel of a running vehicle. He possessed with the intent to distribute five grams or more of methamphetamine and an amount of fentanyl. Footman was also in possession of a Glock Model 19 9mm handgun.

The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency with assistance from the Bangor Police Department.

                                                                                         # # #

Jose Viera, 49, a corrections officer with the Federal Bureau of Prisons (BOP), pleaded guilty today in federal court in the Central District of California to one felony count of deprivation of rights under color of law for sexually assaulting a woman in custody in December 2020.

According to court documents, at the time of the assault, Viera was a BOP corrections officer assigned to work at Metropolitan Detention Center-Los Angeles (MDC-LA), a federal prison which holds male and female pre-trial detainees and persons serving custodial sentences. In his role as corrections officer, Viera was required to uphold the U.S. Constitution and ensure the safety and security of persons housed at MDC-LA. In March 2022, Viera was placed on administrative leave.

As part of his guilty plea, Viera admitted that in December 2020, he was assigned to supervise incarcerated women who were quarantined due to COVID-19 exposure and infection. During the morning of Dec. 20, Viera entered the cell of the victim, who was in COVID-19 isolation, as he had done on previous occasions to bring her breakfast. Viera admitted that on that morning, he laid down next to the victim in her bed, sandwiching her between his body and the wall. Then, he sexually assaulted the victim, causing her pain and putting her in fear of physical harm. Viera committed this assault despite knowing that the victim did not consent and that his actions violated her constitutional rights. When the FBI and the Department of Justice, Office of the Inspector General (DOJ-OIG) conducted a voluntary interview with Viera about the sexual assault allegations, Viera lied to federal agents about his misconduct.

“The defendant betrayed his oath to uphold the Constitution and targeted a vulnerable woman in custody,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Justice Department’s Civil Rights Division is committed to ensuring that those who work in federal prisons and abuse their positions of authority by sexually assaulting people in their care are held accountable. We will continue to take action against perpetrators of these sexual assaults while seeking justice for the survivors of these heinous crimes.”

“Law enforcement officers have a duty to protect the civil rights of all Americans, and a failure to uphold this principal will be met with decisive action,” said U.S. Attorney Tracy L. Wilkison for the Central District of California. “Mr. Viera has admitted inflicting sexual abuse on a woman while acting under the color of his law enforcement authority. His conduct undermined the integrity of our justice system and had a detrimental effect on the high-quality work typically performed by his fellow correctional officers.”

“Instead of delivering food to an inmate in COVID-19 isolation, Viera abused his power and sexually assaulted the inmate in her cell,” said Special Agent in Charge Zachary Shroyer for the Justice Department’s Office of the Inspector General, Los Angeles Field Office. “No inmate should experience abuse at the hands of correctional officers, and the Department of Justice Office of the Inspector General will continue to investigate and hold accountable those who engage in any form of abuse.”

“Mr. Viera used his position of authority to sexually assault a victim who was under his care and who should have felt secure in his presence,” said Assistant Director in Charge Kristi K. Johnson of the FBI Los Angeles Field Office. “Today’s guilty plea is welcome in that Mr. Viera has taken responsibility for his actions, a move that will serve as a deterrent for such behavior by anyone in a position of power within prison walls.” 

Viera faces a maximum penalty of up to 10 years in prison and three years of supervised release.

A sentencing date has been set for March 13, 2023.

This case is being investigated by the FBI Los Angeles Field Division and the DOJ-OIG Los Angeles Field Office. The case is being prosecuted by Assistant U.S. Attorney Thomas Rybarczyk of the Central District of California and Special Litigation Counsel Fara Gold and Trial Attorney Nikhil Ramnaney of the Criminal Section of the Justice Department’s Civil Rights Division.

A Columbia, Tennessee, man was charged today with obstructing an investigation into allegations that he sexually abused an inmate in his custody.

James Stewart Thomas, 31, a corrections officer with the Maury County Jail, was indicted by a federal grand jury on one count of falsification of records.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee made the announcement.

According to the indictment, Thomas wrote an official report in which he falsely claimed that he had reported to two Maury County Jail supervisors that an inmate had made sexual advances toward him while the inmate was in his custody at a hospital; falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about those alleged sexual advances by the inmate; and omitted that he had a sexual relationship with the inmate after the inmate’s release from the custody of the Maury County Jail.

If convicted, Thomas faces a sentence of up to 20 years in prison.

The FBI investigated the case. The case is being prosecuted by Assistant U.S. Attorney Amanda Klopf of the Middle District of Tennessee and Trial Attorney Kyle Boynton of the Justice Department’s Civil Rights Division.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The Justice Department today announced guidance to help law enforcement agencies (LEAs) recognize, mitigate and prevent gender bias and other biases from compromising the response to, and investigation of, sexual assault, domestic violence and other forms of gender-based violence.

“At the Department of Justice, we know that investigating cases involving sexual assault and domestic violence is challenging – it demands thorough investigations and a careful effort to avoid unintentionally worsening the victimization for survivors of these crimes,” said Associate Attorney General Vanita Gupta. “This guidance provides best practices that — when implemented into all levels of policy, training and supervision — help law enforcement provide services free from discrimination on the basis of gender, and therefore handle these cases more effectively.”

The department is committed to reducing violent crime, building strong communities, and ending gender-based violence. The 2022 guidance builds on the first principle of the department’s comprehensive strategy to reduce violent crime by building trust through meaningful law enforcement engagement with, and accountability to, the communities they serve, including survivors of sexual assault and domestic violence.

“When gender bias impacts policing — from ignoring reports of sexual assault, mishandling sexual misconduct investigations or the failure to discipline officers who commit domestic violence — law enforcement’s legitimacy erodes, and survivors’ trust in police is diminished,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our dedication to combatting gender bias in policing is about promoting accountability, and fostering greater trust in investigations of gender-based violence.”

“The guidance announced today reaffirms our commitment to expanding access to justice for all survivors, who deserve respect, compassion and self-determination,” said Office on Violence Against Women Acting Director Allison Randall. “Eliminating gender bias in policing is a key piece in ending gender-based violence, and can have a real, immediate impact on the safety of survivors, their loved ones and, indeed, their entire communities.”

The guidance reflects input from a wide array of stakeholders, including law enforcement leaders, victim advocates, and civil rights advocates, and builds on previous guidance the department issued in 2015. The original 2015 guidance served two key purposes. First, it examined how gender bias can undermine the response of LEAs to sexual assault and domestic violence. Second, it provided a set of eight basic principles that – if integrated into LEAs’ policies, trainings and practices – help ensure that gender bias, either intentionally or unintentionally, does not undermine efforts to keep victims safe and hold offenders accountable. The 2022 revisions to the guidance maintain and build on this framework.

Based on input from stakeholders, the 2022 guidance more thoroughly addresses the need for trauma-informed law enforcement responses to sexual and domestic violence; provides additional examples of how LEAs can incorporate the guidance principles into their policies and practices; discusses the ways that gender bias can intersect with other forms of bias to disproportionately affect survivors from marginalized communities, including but not limited to communities of color, lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) survivors, immigrant survivors and individuals with limited English proficiency; and expands the discussion of the need to address and prevent officer-committed domestic violence and sexual misconduct to hold offenders accountable and enhance community trust.

In conjunction with the revised guidance, the department’s OVW is launching a new webpage, which hosts a comprehensive, annotated list of resources designed to assist LEAs working to implement the guidance and its core principles. Most of these resources have been developed since 2015 and reflect the work of national law enforcement organizations and other DOJ-funded technical assistance providers.

Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias

The Project Terminus team in Panama.

INTERPOL Washington—INTERPOL Washington, the U.S. National Central Bureau (USNCB)—recently partnered with the U.S. Department of State to increase The Republic of Panama’s capacity to screen the illicit international travel of transnational criminals and terrorists. Under the U.S. State Department-funded Project TERMINUS, the Panamanian Government implemented an automated system for uploading its stolen and lost travel documents into INTERPOL’s Stolen and Lost Travel Documents (SLTD) database. This database serves as a searchable repository containing more than 120 million records accessible to law enforcement and border security authorities in all 195 INTERPOL member countries.

The Domestic SLTD Database (DSD) solution enabled Panama to quickly and easily establish a robust and feature-rich authoritative national database of stolen and lost travel documents to be managed by Autoridad de Pasaportes de Panama and the National Central Bureau (NCB) in Panama City.  The SLTD Uploader software solution automates the submission and management of Panama's stolen and lost travel document records in the global INTERPOL SLTD searchable database. This data management and automation solution was made possible by computer hardware and custom software developed, provided, and installed by the USNCB’s Border Security Division. This accomplishment is the culmination of more than three months of active collaboration between the USNCB, the U.S State Department, INTERPOL, and The Republic of Panama.

“Project TERMINUS is providing significant improvements in border security screening capacity for INTERPOL member countries around the world, including in our own hemisphere. Our partnership with the Department of State pays dividends every day as we continue to provide the advanced border security tools necessary to detect and deter transnational criminals.  Border security is a collective responsibility among nations, and the USNCB is pleased to be a leader in those efforts,” said USNCB Director Michael A. Hughes.

The Panamanian project is the latest in a series of successful SLTD access improvement projects under the Project TERMINUS initiative, each building on prior lessons learned.  In addition to The Republic of Panama, Partner Nations currently receiving assistance under Project TERMINUS include The Maldives, Indonesia, Malaysia, Nigeria, Uzbekistan, and Kyrgyzstan.

Established in 2015, Project TERMINUS is a partnership between the USNCB’s Border Security Division and the U.S Department of State’s Bureau of Counterterrorism. The mission of Project TERMINUS is to extend INTERPOL's I-24/7 secure, global police-to-police communications system in high-risk areas and select host nations globally.

INTERPOL’s SLTD database is a critical tool for combatting terrorism by preventing Foreign Terrorist Fighter (FTF) movements by identifying and interdicting FTFs and other transnational criminals using stolen, lost, or revoked documents such as passports, visas, and identity documents. By ensuring that law enforcement officers have access to INTERPOL’s I-24/7 system, front-line authorities can search and cross-check traveler data in a matter of seconds and share sensitive or urgent police information with their counterparts around the globe in real-time, 24 hours a day, 7 days a week.

---

A component of the U.S. Department of Justice, INTERPOL Washington, the U.S. National Central Bureau (USNCB), is the designated United States representative to INTERPOL on behalf of the Attorney General. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies.

 

 

Merida, Mexico -- AMBER Alert coordinators throughout various states of Mexico gathered in a three-day conference in Merida, Yucatan to discuss and provide updates on advances in implementation of the AMBER Alert system. The U.S. Department of Justice’s Office of Prosecutorial Development, Assistance and Training (OPDAT) through funding from the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL), organized this conference in order to promote and enhance AMBER Alert utilization and coordination throughout Mexico and further the goals of the U.S.-Mexico Bicentennial Framework on Security. Subject matter experts from the U.S. Marshals Service, the Federal Bureau of Investigations (FBI), and the International Centre for Missing and Exploited Children participated in this event.

The AMBER Alert system originated in the United States in 1996 to quickly disseminate information about missing and abducted children. In 2012, OPDAT and INL partnered with the government of Mexico to launch the same system in Mexico. Mexico is the first country in Latin America to adopt the AMBER Alert system. Since its initiation the alert is credited with recovering 966 children in the country.

This conference gave Mexico’s AMBER Alert Coordinators the opportunity to compare successes and challenges in their implementation of AMBER Alert programs, promote greater coordination amongst states and the federal program, and share best practices. A Mexican DNA expert detailed forensic DNA analysis can further missing person’s investigations. Likewise, technology experts from companies explained how technology social media platforms can be leveraged to quickly share information about missing children. Participants created an action plan to increase coordination and submitted recommendations for best practices to be implemented in their respective states, and possibly incorporated into formal protocols.

The conference included remarks from Ambassador Salazar and Dorothy Ngutter, the US Consul General based in Merida, Yucatan. “We have seen that the AMBER Alert network has been of great importance in reuniting families. In turn, it has fostered coordination between the two countries and allows us to advance our security goals, especially by contributing to the tranquility of our nations,” said Ambassador Salazar in his opening remarks. “The work you do through AMBER Alert is crucial to acting quickly and in a coordinated manner to locate missing children.”

The goal of this conference was to continue to institutionalize communication, cooperation, and coordination in cases involving missing children to further the protection of vulnerable populations and contribute to our shared security. OPDAT will continue to support AMBER Alert usage and offer capacity building opportunities in Mexico.

For more information visit: www.alertaamber.gob.mx

The Department of Justice and the Environmental Protection Agency (EPA) announced a proposed consent decree that requires seven potentially responsible parties (PRPs) to clean up contamination at the Tremont City Barrel Fill Superfund site in German Township, Ohio, at an estimated cost of $27.7 million.

The complaint was filed simultaneously with the proposed consent decree in the District Court for the Southern District of Ohio. The complaint alleges that the PRPs, Chemical Waste Management Inc., Franklin International Inc., International Paper Co., The Procter & Gamble Co., PPG Industries Inc., Strebor Inc. and Worthington Cylinder Corp. are liable for the cleanup because they are either former owners and operators of the barrel fill or sent wastes to the site for disposal. 

“Today’s settlement requires those responsible for the contamination to clean up the Tremont Barrel Fill site,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The cleanup provided by this agreement will benefit the public health and surrounding community.”

“Today’s agreement is a huge win for the community and sets the stage for this important cleanup to finally begin,” said EPA Region 5 Administrator Debra Shore. “This is a critical step toward the remediation of the site and will minimize risks to the community and the environment.”

The Tremont City Barrel Fill site is a closed industrial waste landfill that covers 8.5 acres. From 1976 until 1979, when operations ceased, about 51,500 drums and 300,000 gallons of industrial liquid waste were disposed in waste cells at the site.

The proposed consent decree requires the PRPs to excavate and characterize drums and uncontained waste in the barrel fill. All liquid waste and nearly 1,000 drums containing hazardous substances, known as still-bottom waste, will be disposed off-site. The remaining hazardous and non-hazardous solid waste will be disposed on-site in a newly constructed hazardous waste landfill.

The consent decree is subject to a 30-day public comment period and final court approval and will be available for public review on the DOJ website.

More information about the site is available on the Tremont City Barrel Fill website.

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

“The Centers for Disease Control and Prevention (CDC) invoked its authority under Title 42 due to the unprecedented public-health dangers caused by the COVID-19 pandemic. CDC has now determined, in its expert opinion, that continued reliance on this authority is no longer warranted in light of the current public-health circumstances. That decision was a lawful exercise of CDC’s authority.

“The Department of Justice intends to appeal the court’s decision in Louisiana et al. v. CDC et al.”

The Justice Department today announced the release of a guide to the state voting rules that apply after criminal convictions. This document is designed to help citizens who meet the age and residency requirements to understand how the state-by-state rules about voting after a criminal conviction could apply to them. Who keeps the right to vote and who can regain that right — and how — differs from state to state, and it depends on state law. This guide walks readers through a series of questions to help them understand how each state’s laws work. And it gives information about how to reach officials in a particular state if someone wants to register to vote or if they have additional questions.

“The right to vote is the foundation of American democracy and it is critical for returning citizens to have reliable information concerning what voting rules apply after a criminal conviction,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The right to vote affirms returning citizens’ membership and belonging in the broader community. And it helps to ensure that the communities to which they belong have a meaningful opportunity to elect representatives of their choosing.”

The department originally gathered the information here in response to Section 9 of Executive Order 14019 on Promoting Access to Voting, which was issued by President Biden on March 7, 2021. Among other things, the executive order directed the Attorney General, as part of the reentry process for citizens in federal custody, to “provide educational materials related to voter registration.”

This information will be available through justice.gov/voting. 

Complaints about discriminatory voting practices may be reported to the Civil Rights Division through the internet reporting portal at https://civilrights.justice.gov or by telephone at 1-800-253-3931.

The Department of Justice, together with the Chambers County Board of Education and private plaintiffs represented by the NAACP Legal Defense Fund, filed a proposed consent order designed to provide equal educational opportunities for all students and allow the district to fulfill its obligations in a longstanding school desegregation case. The proposed consent order, which requires approval by the U.S. District Court for the Middle District of Alabama, would require the school district to build a new, consolidated high school; create a Science, Technology, Engineering, Arts and Mathematics (STEAM) magnet school; appoint a Desegregation Advisory Committee; and take other corrective action.

“This proposed consent order reinforces the Civil Rights Division’s unwavering commitment to ensuring that all students receive the equal educational opportunities to which they are entitled regardless of their race or color,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This week marks 68 years since the Supreme Court declared in Brown v. Board of Education that ‘separate but equal has no place’ in our society, yet too many students find themselves in racially segregated schools. We will continue working to deliver on the unmet promises of Brown v. Board for the students of the Chambers County School District and for others across the country.” 

“Education is the cornerstone of American society,” said U.S. Attorney Sandra J. Stewart for the Middle District of Alabama. “My office fully supports the Civil Rights Division’s efforts to ensure that equal educational opportunities are available to all students, and I am pleased that this case is close to a final resolution.”  

The proposed consent order is part of a desegregation case monitored and enforced by the United States. In reviewing the district’s compliance with the previous court orders in this case, the United States found that the district failed to meet earlier commitments to build a single, consolidated high school and maintained racially identifiable Black schools with fewer academic and extracurricular offerings than most of the other district schools. If approved, the order will require the district to, among other steps:

• Build and operate a single, consolidated high school on a neutral site to serve all district students in grades nine through twelve;
• Establish a STEAM Academy for all district kindergarteners through eighth graders and later renovate an existing facility to accommodate the magnet school;
• Make information about academic course offerings, extracurricular activities, and special programs, including gifted and talented programming, available on the district’s website and provide that information directly to parents;
• Ensure non-discrimination on the basis of race in its discipline practices by engaging technical assistance and revising the code of conduct;
• Improve its practices for recruiting and retaining diverse faculty and staff at each school; and
• Work with a newly-created and diverse Desegregation Advisory Committee to mitigate any desegregation-related issues that may arise.

The order would also require regular reporting to the court, the Justice Department and private plaintiffs. The court would retain jurisdiction over the consent order during its implementation, and the Justice Department would monitor the district’s compliance with the consent order.  

This week marked the 68th anniversary of the U.S. Supreme Court’s historic ruling in Brown v. Board of Education. The Civil Rights Division continues to prioritize enforcement of desegregation orders in school districts formerly segregated by law, to ensure that all children can build a foundation of educational success. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.

Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.

On the one-year anniversary of enactment of the COVID-19 Hate Crimes Act, the Department of Justice today announced a series of actions to deter and confront hate crimes and other bias-related incidents, including:

• Issuing new guidance with the Department of Health and Human Services (HHS) aimed at raising awareness of hate crimes during the COVID-19 pandemic;
• Releasing grant solicitations for programs to create state-run hate crime reporting hotlines and to support community-based approaches to prevent and address hate crimes; and
• Hiring the Department’s inaugural Language Access Coordinator.

Attorney General Merrick B. Garland, Deputy Attorney Lisa O. Monaco, Health and Human Services Deputy Secretary Andrea Palm, and Associate Attorney General Vanita Gupta announced these new initiatives at an event at the Justice Department commemorating the one-year anniversary of the Attorney General’s memorandum on improving the Department’s efforts to combat hate crimes and hate incidents and the enactment of the COVID-19 Hate Crimes and Khalid Jabara-Heather Heyer NO HATE Acts. They were joined by family members of Khalid Jabara and Heather Heyer, members of Congress; Black, Asian American, Native Hawaiian, and Pacific Islander community-based organizations; civil rights organizations; and law enforcement leaders.

“Throughout our history, and to this day, hate crimes have a singular impact because of the terror and fear they inflict on entire communities,” said Attorney General Merrick B. Garland. “No one in this country should have to fear the threat of hate fueled violence. The Justice Department will continue to use every resource at its disposal to confront unlawful acts of hate, and to hold accountable those who perpetrate them.”

“We have seen a spike in hate crimes against many communities during the COVID-19 pandemic. In many cases, individuals are still scared to leave their homes – not only because of worry that they may contract the virus, but out of fear for their physical safety. This is unacceptable,” said Health and Human Services Secretary Xavier Becerra, who serves as Co-Chair of the White House Initiative and President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders. “The Biden-Harris Administration is committed to combatting hate crimes against all Americans. Today’s announcements help deliver on the President’s pledge to ensure the safety of our communities.”

As set forth in the COVID-19 Hate Crimes Act, the Justice Department and HHS announced the joint issuance of guidance aimed at raising awareness of hate crimes during the COVID–19 pandemic. This guidance provides an overview of the rise of hate crimes and hate incidents during the pandemic, including a surge of hate crimes and hate incidents against Asian American, Native Hawaiian, and Pacific Islander communities, and several steps that law enforcement, government officials, and others can take to raise awareness of increased hate crimes and incidents, and to use increased awareness as a tool for the prevention of and response to hate crimes.

The Justice Department also announced the release of $10 million in grant solicitations in newly created grant programs to address hate crimes and hate incidents. This includes solicitations for grants authorized under the Jabara-Heyer NO HATE Act programs. Through these programs, the Office of Justice Programs (OJP) will provide up to $5 million in grant funds for the Bureau of Justice Statistics to support the transition of state and local law enforcement agencies to the National Incident-Based Reporting System (NIBRS) and reporting of hate crimes through NIBRS, and for the Office of Victims of Crime (OVC) to fund states to establish and run state-run reporting hotlines for victims of hate crimes. OJP’s Bureau of Justice Assistance (BJA) also released $5 million in grant solicitations under the Community-Based Approaches to Prevent and Address Hate Crimes Program, which supports community-based organizations and civil rights groups with implementing comprehensive approaches to promote community awareness and preparedness, increase victim reporting, strengthen community resiliency, and improve responses to hate crimes. 

The Justice Department announced that Ana Paula Noguez Mercado will join the Office for Access to Justice, where she will serve as the Department’s first-ever Language Access Coordinator. Language access is a key barrier to the reporting of hate crimes, and the Language Access Coordinator will help improve knowledge, use, and expansion of the Department of Justice’s language resources.

Finally, the Justice Department announced that Saeed Mody will serve as the Department’s new Anti-Hate Crimes Resources Coordinator, after the first ever Coordinator was recently named Director of the newly restored Office of Access to Justice. 

Over the last year, the Justice Department has taken a number of other actions in response to a rise in hate crimes and hate incidents. Some of these actions include:

• Designating a Deputy Associate Attorney General as the Justice Department’s first-ever Anti-Hate Crimes Resources Coordinator;
• Designating the chief of the Criminal Section of the Civil Rights Division to serve in role of facilitating the expedited review of hate crimes;
• Going above and beyond the directive under the COVID-19 Hate Crimes Act to expedite the review of certain hate crimes by including additional types of hate crimes;
• Designating at least one Assistant U.S. Attorney as a Civil Rights Coordinator in every U.S. Attorneys’ Office (USAO);
• Vigorously investigating and prosecuting hate crimes - since January 2021, the department has charged more than 40 defendants in over 30 cases and obtained more than 35 convictions of defendants charged with bias-motivated crimes;
• Elevating civil rights violations and hate crimes enforcement for prioritization among the FBI’s 56 field offices;
• Facilitating FBI-hosted regional conferences across the country with state and local law enforcement agencies regarding federal civil rights and hate crimes laws; to encourage reporting; strengthen relationships between law enforcement and local civil rights organizations; and build trust within the diverse communities they serve;
• Launching an FBI-led National Anti-Hate Crimes Campaign involving all 56 FBI field offices to encourage reporting. The campaign includes outdoor advertising, billboards, and radio streaming in addition to social media;
• Ensuring that all states have now become certified for participation in the FBI Uniform Crime Reporting National Incident Based Reporting System;
• Revitalizing the Community Relations Service (CRS) by, among other things, seating newly-confirmed director, Paul Monteiro;
• Adding information to the Department of Justice’s website on reporting hate crimes in 24 languages, including 18 of the most frequently spoken AAPI languages in the United States;
• Creating an online toolkit that provides USAO Civil Rights Coordinators with customizable community outreach materials and ready access to other resources and training;
• Piloting a new outreach training called United Against Hate help improve the reporting of hate crimes by teaching community members how to identify, report, and help prevent hate crimes and to provide an opportunity for trust building between law enforcement and communities;
• Developing additional resources to help empower local officials, community leaders, and residents to address and devise community responses to hate crimes and incidents, including a toolkit to address hate crimes and incidents against Asian American, Native Hawaiian and Pacific Islander communities, which has been translated into Arabic, Chinese (both Simplified and Traditional), Farsi, Hindi, Korean, Urdu, Tagalog, and Vietnamese;
• Releasing close to $21 million in grant funding through these programs to state and local partners to investigate and prosecute hate crimes and assist hate crime victims, including through the Matthew Shepard and James Byrd, Jr. Hate Crimes Program to support state, local, and tribal law enforcement and prosecution agencies in their efforts to investigate and prosecute hate crimes and in their outreach to and education of the public, victims, and others on hate crimes; and
• With the Department of Education, issuing facts sheets addressing harassment and discrimination in school, including harassment based on COVID-19 related issues, harassment of LGBTQI+ students, and discrimination based on national origin and immigration status.

Merida, Mexico -- Coordinadores de Alerta AMBER de varios estados de México se reunieron en una conferencia de tres días en Mérida, Yucatán, para discutir y proporcionar actualizaciones sobre los avances en la implementación del sistema de Alerta AMBER. La Oficina Internacional para el Desarrollo de Sistemas de Procuración de Justicia (OPDAT) del Departamento de Justicia de EEUU, a través de la financiación de la Oficina de Asuntos Internacionales de Narcóticos y Aplicación de la Ley (INL),  organizaron esta conferencia para mejorar tanto la utilización como la coordinación de la Alerta AMBER en todo el país y promover los objetivos del Marco del Bicentenario de Seguridad entre Estados Unidos y México. Expertos en la materia del departamento de U.S. Marshals, la Oficina Federal de Investigaciones (FBI) y el Centro Internacional para Niños Desaparecidos y Explotados participaron en este evento. 

El sistema de Alerta AMBER se originó en los Estados Unidos en 1996 para difundir rápidamente información sobre menores desaparecidos y secuestrados. En 2012, OPDAT e INL se asociaron con el gobierno de México para lanzar el mismo sistema en México. México es el primer país de América Latina en adoptar el sistema de Alerta AMBER. Desde el inicio de la alerta se han recuperado 966 menores a nivel nacional.

Esta conferencia brindó a los coordinadores de Alerta AMBER la oportunidad de evaluar los éxitos y desafíos en su implementación del programa y promover mayor coordinación entre los estados y el gobierno federal. Un experto mexicano detalló cómo el análisis forense de ADN puede promover las investigaciones de personas desaparecidas.  Asimismo, expertos en tecnología de compañías explicaron cómo se pueden aprovechar las redes sociales para compartir rápidamente información sobre menores desaparecidos. Incluso, participantes crearon un plan de acción para aumentar la coordinación y presentaron las mejores prácticas que se implementarán en sus respectivos estados. 

La conferencia incluyó las palabras de apertura del Embajador Ken Salazar y Dorothy Ngutter, Cónsul General en Mérida. “Hemos visto que la red de Alerta AMBER ha sido de gran importancia para reunir a las familias. A su vez, ha fomentado la coordinación entre los dos países y nos permite avanzar en nuestros objetivos de seguridad, especialmente contribuyendo a la tranquilidad de nuestras naciones”, dijo el Embajador Salazar. ‘El trabajo que realizan a través de Alerta AMBER es crucial para actuar rápidamente y de manera coordinada para localizar a los menores desaparecidos’. 

El objetivo de esta conferencia fue continuar institucionalizando la comunicación, la cooperación y la coordinación en casos que involucran a niños desaparecidos para promover la protección de las poblaciones vulnerables y contribuir a nuestra seguridad compartida. OPDAT continuará apoyando el uso de la Alerta AMBER y ofrecerá oportunidades de desarrollo de capacidades en México.

Para más información visite (www.alertaamber.gob.mx)

During a two-day conference this week, the Tribal Nations Leadership Council (TNLC) met virtually with senior Justice Department officials, covering a range of issues, challenges and opportunities for American Indian and Alaska Native Tribes. 

Yesterday, the TNLC met with Attorney General Merrick. B. Garland and Deputy Attorney General Lisa O. Monaco. The Office of Tribal Justice and the Executive Office for U.S. Attorneys (EOUSA) discussed with the TNLC the implementation of guidelines under Savanna’s Act and Tribal Community Response Plans developed in response to the crisis of Missing and Murdered Indigenous People. The TNLC also discussed the impact of the expansion of Tribal jurisdiction under the recently reauthorized Violence Against Women Act.

On Tuesday, May 17, the TNLC met with the Office of Justice Programs (OJP), the Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW), about the department’s grant opportunities to enhance public safety in Tribal communities, and with the Office for Victims of Crime and EOUSA on efforts to assist crime victims and address violence. 

The TNLC is composed of Tribal leaders representing American Indian Tribes and Alaska Native villages from regions around the country. This meeting, the first in more than four years, was announced in January by the Attorney General in remarks to the National Congress of American Indians. The Council is comprised of elected Tribal officials, nominated by their peers to represent their region.

Established by charter in 2010, the TNLC is charged with providing perspective on emergent and ongoing issues across Indian country as well as providing feedback on Justice Department activities in support of Tribes in each region. In addition to establishing a mechanism for regular insight and accountability, the structure of the group honors the government-to-government relationship with Tribes. 

The Quintet of Attorneys General have issued the following statement of support for Prosecutor General Iryna Venediktova of Ukraine and investigations and prosecutions for crimes committed during the Russian invasion of Ukraine:

“The Attorneys General of the United Kingdom, the United States of America, Australia, Canada, and New Zealand join in support of Prosecutor General Iryna Venediktova, her Office, and the Ukrainian people in ensuring accountability for war crimes committed during the Russian invasion.

“We support the pursuit of justice by Ukraine and through other international investigations, including at the International Criminal Court, the United Nations, and the Organisation for Security and Cooperation in Europe, and in our own jurisdictions, in order to the ensure prompt, fair and effective investigation and prosecution of such offences under Ukrainian, domestic or international law.

“We join in condemning the Russian Government for its actions, and call upon it to cease all violations of international law, to halt its illegal invasion and to cooperate in efforts to achieve accountability.

“We look forward to working together with the Prosecutor General and her Office to ensure every perpetrator faces justice.”

U.S. Attorney General Merrick B. Garland

United Kingdom’s Attorney General Suella Braverman

Australia’s Attorney General Michaelia Cash

Canada’s Minister of Justice and Attorney General David Lametti

New Zealand’s Attorney General David Parker

The Justice Department today announced the appointment of a Director of the Office for Access to Justice to lead its efforts to improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.

Deputy Associate Attorney General Rachel Rossi will serve as the Director of the Office for Access to Justice.

In October 2021, Attorney General Garland announced the restoration of a standalone Office for Access to Justice. Over the past six months, the Office has, among other things, led the Justice Department’s efforts to address the housing and eviction crisis; ensured equal access to justice for veterans and service members; and removed barriers to successful reentry for previously incarcerated individuals.

“There can be no equal justice without equal access to justice,” said Attorney General Merrick B. Garland.  “For the past six months, our newly restored Office for Access to Justice has worked to fulfill that mission. Rachel Rossi’s leadership of that Office will further advance these efforts.”

“Disrupting the devastating connections between race, poverty and injustice is hard work that requires exactly the kind of dedication and vision we’ve seen in Ms. Rossi’s work at the department,” said Associate Attorney General Vanita Gupta. “Ms. Rossi’s leadership will help us build on the department’s work to make justice more accessible to all.”

“I am humbled by this opportunity and ready to get to work building on the foundation of my predecessors and the great progress that’s been made under Attorney General Garland’s leadership,” said Ms. Rossi. “I have seen firsthand how access to justice can make the difference in keeping families together, people in their homes and victims safe from violence. I look forward to working closely alongside dedicated public servants across the department as we examine and reimagine the tools and systems, we rely on to make justice more accessible for all.”

The Office for Access to Justice was initially launched in 2010 and thrived as a standalone component through the end of 2017.

One year ago, Attorney General Garland launched a strategic review process led by the Justice Department’s three leadership offices to examine barriers and disparities in our criminal and civil justice systems and identify ways that the Justice Department can improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.  The review, which engaged a wide range of stakeholders across all levels of government, revealed that longstanding justice gaps have been exposed and exacerbated by COVID-19 and identified a clear and immediate need for the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to the mission of closing those gaps.

A former Brockton, Massachusetts, resident was sentenced today to twelve years in prison for participating in a sex trafficking conspiracy. 

Matthew Engram, 35, had previously pleaded guilty to one count of conspiracy to commit sex trafficking by force, fraud and coercion; two counts of transportation of an individual for purposes of prostitution; and one count of conspiracy to commit interstate travel in aid of a racketeering enterprise. According to court documents, from January 2009 until August 2015, Engram and a co-conspirator recruited and trafficked three victims from a residence in Brockton and elsewhere, and Engram took all or part of the proceeds. Engram advertised the victims on websites, exchanged text messages with his co-conspirator to share advertisements, organized prostitution dates, and reserved hotel rooms. When the victims did not comply with Engram’s demands to prostitute for his profit, he physically assaulted them or directed his co-conspirator to physically assault them. Engram also transported or caused the transport of the victims to other states, including Connecticut, Pennsylvania, New York, Virginia, Florida and Maine, to perform commercial sex acts.

“Sex trafficking is an atrocious crime that dehumanizes victims by depriving them of their freedom and dignity,” said Assistant Attorney General Kristen Clarke. “This sentence demonstrates that there are severe consequences for those who seek to exploit vulnerable young women for financial profit. The Justice Department will continue to vigorously prosecute human traffickers and secure justice for survivors of trafficking.”

“Mr. Engram took advantage of numerous young women through psychological manipulation, violence and fear,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “For over six years, he profited off of their pain and exploitation. Although we can never take away the trauma and violence endured by these survivors, today’s sentencing makes clear that the federal government is committed to eliminating human trafficking and holding traffickers accountable. My office and our law enforcement partners remain relentless in this pursuit.”

“Engram used violence and threats to control his victims, seeing them not as individuals, but as means for profit,” said Special Agent in Charge Matthew Millhollin for the Homeland Security Investigations’ New England Field Office. “His callous exploitation violated their basic human dignity as he trafficked them around the country to engage in commercial sex. We hope that today’s sentence offers a modicum of justice to those victimized by him who continue to live with the impacts of his actions.”

“Victims of human trafficking suffer physical abuse and immeasurable emotional abuse from their captors,” said Brockton Police Chief Brenda Perez. “We are pleased to see justice served today and proud of the hard work and collaboration that led to today's sentencing.” 

Homeland Security Investigations conducted the investigation with the assistance of the Boston Police Department. Assistant U.S. Attorney Suzanne Sullivan Jacobus of U.S. Attorney Rollins’s Major Crimes Unit and Trial Attorneys Shan Patel and Vasantha Rao of the Civil Rights Division prosecuted the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.

A federal jury convicted a Louisiana man today for his role in a scheme to defraud the United States.

According to documents and evidence presented at trial, Johnny C. Guillory Sr., 72, of Opelousas, Louisiana, conspired with Cajan Welding & Rentals, Ltd. to defraud the United States by corrupting and impairing the government procurement process, and by obtaining non-public pricing and cost information in order to obtain subcontract awards and payments from the Department of Energy in connection with its operation of the nation’s Strategic Petroleum Reserve. From 2002 until 2016, Cajan was awarded over 50 subcontracts and received payments in excess of $15 million from the Department of Energy, during which time Guillory received financial benefits from Cajan.

“The Strategic Petroleum Reserve is one of our nation’s vital programs, and collusion that destroys the integrity of the procurement process for government contracts will not be tolerated,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s guilty verdict demonstrates that people who corrupt that process, defraud the United States, and lie about it will be held accountable. The Antitrust Division will continue to vigorously prosecute offenses that undermine competition and work with our law enforcement partners to protect taxpayer dollars.” 

“This guilty verdict sends a clear message that our office, along with our federal partners will vigorously investigate and prosecute all violations of our nation’s laws,” said U.S. Attorney Duane A. Evans of the Eastern District of Louisiana.

Guillory was convicted of conspiracy to defraud the United States and to violate the Procurement Integrity Act as well as making false statements to federal agents. Guillory is scheduled to be sentenced on Sept. 8, and faces a maximum term of five years imprisonment, a fine of up to $250,000, up to a three-year term of supervised release, and a mandatory special assessment of $200.00, as to each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Department of Energy’s Office of the Inspector General investigated the case.

Trial Attorneys Megan S. Lewis and Julia Maloney of the Antitrust Division’s Washington Criminal II Section and Assistant U.S. Attorney Tracey N. Knight of the U.S. Attorney’s Office in the Eastern District of Louisiana are prosecuting the case.

Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal II Section at (202) 598-4000, or visit https://www.justice.gov/atr/contact/newcase.html.

A Florida corporation pleaded guilty in federal court in the Middle District of Florida to a charge of willfully violating an Occupational Safety and Health Administration (OSHA) rule. The criminal charge related to an explosion at a coal-fired power plant in 2017 that caused the deaths of five workers.

Tampa Electric Company (TECO) operates several facilities in Florida, including Big Bend, a coal-fired power plant outside of Tampa. At the time, the facility consisted of four large coal-fired furnaces. Underneath the furnaces were water-filled tanks designed to catch and cool the molten “slag” by-product that drips down from the furnace. On June 29, 2017, hardened slag had accumulated at the top and the bottom of the slag tank and could not be removed. Rather than shutting down the furnace, TECO called in a contractor to perform high-pressure water blasting to try and clear the slag with the unit on-line. The work proceeded without observance of several safety-related procedures required by law. Five people were killed when one of the slag accumulations came loose, spraying the area with molten slag.

Federal law makes it a class B misdemeanor to willfully fail to follow an OSHA safety standard, where the failure causes the death of an employee. The class B misdemeanor is the only federal criminal charge covering such workplace safety violations.

“This incident demonstrates the importance of OSHA’s safety standards, and the harms that they are designed to prevent,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The deaths caused by the defendant’s conduct were tragic and they were preventable. The Justice Department will vigorously prosecute those who fail to follow these critical safety rules.”

“Had TECO complied with OSHA’s workplace safety standards, conducted a pre-job briefing and followed its own procedure, these senseless deaths could have been prevented,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Our hearts go out to the victims’ families as well as other TECO employees and contractors impacted by this catastrophic event “Our office is proud to have partnered with DOJ’s Environmental Crimes Section to shine a light on this willful violation of OSHA safety standards in order to deter such conduct and ensure that workers are protected in the future.”

“This investigation demonstrates the FBI’s unyielding commitment to the mission of protecting the American people and upholding the U.S. Constitution,” said Special Agent in Charge David Walker of the FBI Tampa Field Office.“Our heartfelt sympathies go out to the victims’ families along with our promise to work with our federal partners in ensuring the safety of America’s workplaces.”

In a plea agreement with the government, TECO admitted to willfully failing to hold a pre-job briefing with the workers performing the work. Such briefing should have included the procedures for the water blasting work. Instead, the work proceeded even though the procedures could not be found. As a result, certain critical safety-related steps were not taken, including lowering the amount of coal entering the furnace, and shutting the unit down after a specified interval had lapsed.

The FBI and the Department of Labor, Office of Inspector General investigated the case.

Trial Attorney Adam Cullman of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Rachelle DesVaux Bedke for the Middle District of Florida prosecuted the case.

The Department of Justice today announced the

revision of its policy regarding charging violations of the Computer Fraud and Abuse Act (CFAA). 

The policy for the first time directs that good-faith security research should not be charged. Good faith security research means accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services. 

“Computer security research is a key driver of improved cybersecurity,” said Deputy Attorney General Lisa O. Monaco. “The department has never been interested in prosecuting good-faith computer security research as a crime, and today’s announcement promotes cybersecurity by providing clarity for good-faith security researchers who root out vulnerabilities for the common good.”

The new policy states explicitly the longstanding practice that “the department’s goals for CFAA enforcement are to promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in their information systems.” Accordingly, the policy clarifies that hypothetical CFAA violations that have concerned some courts and commentators are not to be charged. Embellishing an online dating profile contrary to the terms of service of the dating website; creating fictional accounts on hiring, housing, or rental websites; using a pseudonym on a social networking site that prohibits them; checking sports scores at work; paying bills at work; or violating an access restriction contained in a term of service are not themselves sufficient to warrant federal criminal charges. The policy focuses the department’s resources on cases where a defendant is either not authorized at all to access a computer or was authorized to access one part of a computer — such as one email account — and, despite knowing about that restriction, accessed a part of the computer to which his authorized access did not extend, such as other users’ emails.

However, the new policy acknowledges that claiming to be conducting security research is not a free pass for those acting in bad faith. For example, discovering vulnerabilities in devices in order to extort their owners, even if claimed as “research,” is not in good faith. The policy advises prosecutors to consult with the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) about specific applications of this factor. 

All federal prosecutors who wish to charge cases under the Computer Fraud and Abuse Act are required to follow the new policy, and to consult with CCIPS before bringing any charges. Prosecutors must inform the Deputy Attorney General (DAG), and in some cases receive approval from the DAG, before charging a CFAA case if CCIPS recommends against it. 

The new policy replaces an earlier policy that was issued in 2014, and takes effect immediately.

Download Hindi Release Translation.pdf

न्याय विभाग ने आज यह घोषणा की कि उन्होंने Amtex Systems Inc., न्यूयॉर्क में स्थित एक IT स्टाफिंग और रिक्रूटिंग कंपनी, के साथ समाधान समझौता किया है। यह समझौता इन दावों का समाधान करता है कि Amtex ने भर्ती प्रक्रिया के कई चरणों के दौरान अमेरिकी कर्मचारियों की नागरिकता या आप्रवासन स्थिति के आधार पर उनके साथ भेदभाव किया था क्योंकि उनके क्लाइंट्स अस्थायी रोज़गार वीज़ा वाले कर्मचारियों को प्राथमिकता देते हैं।

“IT स्टाफिंग एजेंसियाँ अवैध रूप से आवेदकों को बाहर नहीं कर सकतीं या किसी की नागरिकता या आप्रवासन स्थिति के कारण उस पर अतिरिक्त बोझ नहीं डाल सकतीं,” न्याय विभाग के नागरिक अधिकार प्रभाग के सहायक अटॉर्नी जनरल क्रिस्टन क्लार्क ने कहा। “नागरिक अधिकार प्रभाग यह सुनिश्चित करने के लिए कानून लागू करने के लिए प्रतिबद्ध है कि, अमेरिकी कर्मचारियों सहित, नौकरी के आवेदक गैर-कानूनी भेदभाव से सुरक्षित हैं।”

एक अमेरिकी नागरिक द्वारा नागरिक अधिकार प्रभाग के अप्रवासी और कर्मचारी अधिकार अनुभाग (Civil Rights Division’s Immigrant and Employee Rights Section, IER) में Amtex के विरुद्ध भेदभाव की शिकायत दर्ज कराने के बाद विभाग की जाँच शुरू हुई थी। अपनी जाँच के आधार पर, विभाग इस निष्कर्ष पर पहुँचा कि Amtex ने विशेष नागरिकता या आप्रवासन स्थितियों वाले कर्मचारियों के लिए क्लाइंट्स की प्राथमिकता के आधार पर नौकरी के आवेदकों की पहचान करके उनकी जाँच करने के लिए भारत में काम करने वाली कंपनी की सेवाएं ली थीं। जाँच ने निर्धारित किया कि भर्ती करने वालों ने अपने क्लाइंट्स की नागरिकता या आप्रवासन स्थितियों की अवैध प्राथमिकता के साथ नौकरी के विज्ञापन भेजे, और आवेदकों पर विचार करते समय उन प्राथमिकताओं को लागू भी किया। भर्ती करने वालों की कार्य प्रणालियों ने अमेरिकी कर्मचारियों को आवेदन करने से रोककर, और आवेदन करने वालों पर विचार न करके उन्हें नुकसान पहुँचाया। उदाहरण के लिए, जाँच से पता चला कि कम से कम तीन अमेरिकी कर्मचारियों द्वारा एक जॉब पोस्टिंग के लिए आवेदन करने पर Amtex ने उनपर विचार नहीं किया जिसमें कहा गया था कि जिसमें अस्थायी रोज़गार वीज़ा वाले कर्मचारियों को प्राथमिकता देने की बात कही गई थी। विभाग आगे इस निष्कर्ष पर पहुँचा कि Amtex के लिए भर्ती करने वालों ने गैर-अमेरिकी नागरिक आवेदकों के लिए भर्ती प्रक्रिया में आगे बढ़ने के लिए नियमित रूप से एक आप्रवास दस्तावेज़ प्रदान करना ज़रूरी करके उनके साथ भेदभाव किया।

आप्रवासन और राष्ट्रीयता अधिनियम (The Immigration and Nationality Act, INA) अमेरिकी नागरिकों, गैर-अमेरिकी नागरिकों, रेफ्युजियों, शरणार्थियों, और हाल के वैध स्थायी निवासियों को नागरिकता या आप्रवासन स्थिति के आधार पर कार्यस्थल पर भेदभाव से बचाता है। यदि भर्ती करने वाले क्लाइंट की गैर-कानूनी भेदभावपूर्ण प्राथमिकताओं को लागू करते हैं तो वे INA के उल्लंघन के लिए ज़िम्मेदार हैं। INA के तहत, कर्मचारी या भर्ती करने वाले केवल कानून, विनियम, कार्यकारी आदेश या सरकारी अनुबंध द्वारा आवश्यक होने पर ही नागरिकता या आप्रवासन स्थिति के आधार पर नौकरियों को सीमित कर सकते हैं। इसके अलावा, क्योंकि संघीय कानून केवल नियोक्ताओं को किसी व्यक्ति को नियुक्त करने के बाद उसकी काम करने की अनुमति की जाँच करने की इजाज़त देता है, इसलिए नियोक्ताओं और भर्ती करने वालों को नौकरी के आवेदकों की काम करने की अनुमति को सत्यापित नहीं करना चाहिए।

समाधान समझौते की शर्तों के तहत, Amtex यूनाइटेड स्टेट्स को नागरिक दंड में $15,000 से अधिक का भुगतान करेगी, अपनी नीतियों और प्रक्रियाओं को संशोधित करेगी, संबंधित कर्मचारियों और एजेंटों को INA के भेदभाव-विरोधी प्रावधान पर प्रशिक्षित करेगी, और अनुपालन सुनिश्चित करने के लिए तीन साल की अवधि के लिए निगरानी के अधीन रहेगी।

INA के भेदभाव-विरोधी प्रावधान को लागू करने के लिए IER ज़िम्मेदार है। अन्य चीज़ों के अलावा, यह कानून नौकरी देने, नौकरी से निकालने, या शुल्क लेकर भर्ती करने या रेफरल में नागरिकता या आप्रवासन स्थिति, और राष्ट्रीय मूल; अनुचित दस्तावेज़ी कार्यप्रणालियों; प्रतिशोध; और डराने-धमकाने के आधार पर भेदभाव को प्रतिबंधित करता है। INA के तहत नागरिकता स्थिति संबंधी भेदभाव के बारे में अधिक जानकारी इस फ्लायर में उपलब्ध है। 

इस संक्षिप्त वीडियो के माध्यम से IER के कार्य और सहायता प्राप्त करने के तरीके के बारे में और जानें। वे आवेदक या कर्मचारी जो यह मानते हैं कि नौकरी देने, नौकरी से निकालने, भर्ती करने, या रोज़गार योग्यता सत्यापन प्रक्रिया (फ़ॉर्म I-9 और ई-वेरिफ़ाई) के दौरान उनकी नागरिकता, आप्रवासन स्थिति, या राष्ट्रीय मूल के आधार पर भेदभाव किया गया था; या बदला लिया गया था, वे आरोप दायर कर सकते हैं। आम लोग भी 1-800-255-7688 पर IER की कर्मचारी हॉटलाइन से संपर्क कर सकते हैं; 1-800-255-8155 (1-800-237-2515, सुनने में परेशानी वालों के लिए TTY) पर IER की नियोक्ता हॉटलाइन पर फ़ोन कर सकते हैं;  IER@usdoj.gov पर ईमेल कर सकते हैं; एक मुफ़्त वेबिनार के लिए साइन-अप कर सकते हैं; या IER की अंग्रेज़ी और स्पेनिश वेबसाइट्स देख सकते हैं। IER से अपडेट प्राप्त करने के लिए GovDelivery को सब्सक्राइब कर सकते हैं।

The Chief Engineer of a foreign flagged vessel pleaded guilty today to two felony counts for deliberately discharging approximately 10,000 gallons of oil-contaminated bilge water overboard in U.S. waters off the coast of New Orleans last year and then trying to obstruct the Coast Guard’s investigation of the spill. The illegal conduct was first reported to the Coast Guard by a crew member via social media.

Kirill Kompaniets, a Russian national and the Chief Engineer of the ship, a commercial bulk carrier registered in the Marshall Islands, was charged with the illegal discharge in violation of the Act to Prevent Pollution from Ships. According to papers filed in court, repair operations were underway to correct a problem with the discharge of clean ballast water when a valve burst and the engine room flooded. Late on the night of March 13-14, 2021 after the leak had been controlled, Kompaniets and a subordinate engineer deliberately dumped the oil contaminated water in the bilges overboard. The discharge into U.S. waters occurred while the ship was at an anchorage near the South West Passage off the Louisiana coast. The ship’s required pollution prevention equipment – an oily-water separator and oil content monitor – were not used, and the discharge was not recorded in the Oil Record Book, a required ship log.

Kompaniets was also charged with obstruction of justice based on various efforts to conceal the illegal discharge. In a joint factual statement filed in court with his guilty plea, Kompaniets admitted to the following acts of obstruction of justice: (1) making false statements to the Coast Guard that concealed the cause and nature of a hazardous condition, and concealing that the engine room of the vessel had flooded and that oil-contaminated bilge water had been discharged overboard; (2) destroying the computer alarm printouts for the period of the illegal discharge that were sought by the Coast Guard; (3) holding meetings with subordinate crew members and directing them to make false statements to the Coast Guard; (4) making a false Oil Record Book that failed to disclose the illegal discharge; (5) directing subordinate engine room employees to delete all evidence from their cell phones in anticipation of the Coast Guard inspection; and (6) preparing a retaliatory document accusing the whistleblower of poor performance as part of an effort to discredit him.

“The intentional pollution of U.S. waters and the deliberate effort to cover up the crime are extremely serious criminal offenses that will not be tolerated,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Prosecutions such as this one should send a clear message to those that would violate the law and endanger our precious natural resources.”

“The defendant in this case deliberately disregarded procedures designed to protect the environment from contaminants and then attempted to hide his actions,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Today’s announcement emphasizes that our office along with our federal partners are committed to holding accountable all parties whose criminality jeopardizes our environment and places the public and the ecosystem at risk.”

The criminal prosecution is being handled by Assistant U.S. Attorney G. Dall Kammer for the Eastern District of Louisiana and Senior Litigation Counsel Richard A. Udell of the Environment and Natural Resources Division's Environmental Crimes Section, with assistance provided by District 8 of the U.S. Coast Guard and the Coast Guard Criminal Investigations Division.

The investigation is continuing.

The case was assigned to U.S. District Court Chief Judge Nannette Jolivette Brown. Sentencing has been scheduled for September 1.

Seven South Korea-based companies have agreed to pay $3.1 million to resolve allegations they violated the False Claims Act by engaging in a bid-rigging conspiracy that targeted U.S. Army Corps of Engineers (USACE) contracts for construction and engineering work on U.S. military bases in South Korea. The seven companies are Korea Engineering Consultants Corporation; Yul Lim Construction Co. Ltd.; Shin Woo Construction & Industrial Co. Ltd.; Seongbo Const. Ind. Co. Ltd.; Wooseok Construction Co. Ltd.; Yuil Engineering and Construction Co.; and Seokwang Development Co. Ltd. The companies have agreed to each pay an equal share of the settlement amount.

The United States alleged the seven companies conspired to suppress and eliminate competition during the bidding process on 15 USACE contracts awarded between 2016 and 2019. The United States further alleged that as a result of this anticompetitive conduct, the USACE paid substantially more for services performed under the contracts than it would have had there been competition among the bidders.   

“Contractors, both foreign and domestic, provide valuable services to our armed forces around the globe,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will ensure that such entities face appropriate consequences, however, if they fail to comply with the law and instead engage in corrupt practices at the expense of our nation’s military and the American taxpayers.”

“The U.S. Army Criminal Investigation Division (Army CID) will hold accountable those who defraud the U.S. government, no matter where they are,” said Special Agent in Charge Scott Moreland of the Army CID’s Major Procurement Fraud Field Office. “We appreciate the steadfast partnership shown by our fellow federal agencies to bring this scheme to a halt.”

“The agreement announced today is another example of the FBI’s ongoing work to eliminate bid-rigging and price fixing and ensure those engaged in such behavior are brought to justice,” said Assistant Director in Charge Kristi Johnson of the FBI's Los Angeles Division. “Such activity cheats American taxpayers while harming competitive markets. Simply put, collusion on contracts will not be tolerated; and this case sends a clear message that the FBI and its partners will hold individuals and corporations accountable when they violate federal statutes.”

“The integrity of the Department of Defense’s procurement system is critical to our nation’s military readiness,” said Special Agent in Charge Stanley A. Newell of the Defense Criminal Investigative Service (DCIS) Transnational Operations Field Office. “The special agents of the Department of Defense Office of Inspector General Defense Criminal Investigative Service are steadfast in our mission to root out fraud and corruption that threatens the programs and components of the DoD. This outcome should resonate as a strong warning to those who seek enrichment at the expense of America’s national defense. DCIS and our partner agencies will use all tools at our disposal to bring these unscrupulous actors to justice.”

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section; the Army CID Major Procurement Fraud Unit; the FBI’s International Contract Corruption Task Force; and DCIS.

The matter was handled by Senior Trial Counsel Andrew A. Steinberg of the Civil Division's Fraud Section.

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

The Department of Justice announced that it has reached a settlement agreement with Amtex Systems Inc., an IT staffing and recruiting company based in New York. The settlement resolves claims that Amtex discriminated against U.S. workers based on their citizenship or immigration status during several stages of the recruitment process because their clients preferred workers with temporary employment visas.

“IT staffing agencies cannot unlawfully exclude applicants or impose additional burdens because of someone’s citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the law to ensure that job applicants, including U.S. workers, are protected from unlawful discrimination.”

The department’s investigation began after a U.S. citizen filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section (IER) against Amtex. Based on its investigation, the department concluded that Amtex used a company operating in India to identify and screen job applicants based on clients’ preferences for workers with particular citizenship or immigration statuses. The investigation determined that the recruiters sent job advertisements with their clients’ unlawful citizenship or immigration status preferences, and also implemented those preferences when considering applicants. The recruiters’ practices harmed U.S. workers by deterring them from applying, and not considering those who did apply. For example, the investigation revealed that Amtex did not consider at least three U.S. workers when they applied to a job posting that stated a preference for workers with temporary employment visas. The department further concluded that recruiters for Amtex discriminated against non-U.S. citizen applicants by routinely requiring them to provide an immigration document to move forward in the recruitment process.

The Immigration and Nationality Act (INA) protects U.S. citizens, non-U.S. citizen nationals, refugees, asylees, and recent lawful permanent residents from workplace discrimination based on citizenship or immigration status. Recruiters are liable for violations of the INA if they implement a client’s unlawful discriminatory preferences. Under the INA, employers or recruiters can only limit jobs based on citizenship or immigration status if required by a law, regulation, executive order or government contract. Further, because federal law only allows employers to check a person’s permission to work after they are hired, employers and recruiters must not verify the permission to work of job applicants.

Under the terms of the settlement agreement, Amtex will pay over $15,000 in civil penalties to the United States, revise its policies and procedures, train relevant employees and agents on the INA’s anti-discrimination provision, and be subject to monitoring for a three-year period to ensure compliance.

IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, this law prohibits discrimination based on citizenship or immigration status, and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. More information about citizenship status discrimination under the INA is available in this flyer. 

Learn more about IER’s work and how to get assistance through this brief video. 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 also can contact IER’s worker hotline at 1-800-255-7688; 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. View the Hindi translation of this press release below.

The Department of Justice  announced that it has reached a settlement agreement with JMJ Talent Solutions Inc. (JMJ Talent Solutions), a staffing company with four locations throughout Indiana. The settlement resolves a claim that JMJ Talent Solutions discriminated against three non-U.S. citizens because of their citizenship status when it asked them to present specific documentation to prove they had permission to work in the United States instead of letting them choose which valid documents to show.

“Employers may not discriminate against workers when verifying their permission to work in the United States – such as by rejecting their valid documentation, requesting specific documentation, or requesting more documents than necessary — based on the workers’ citizenship status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers have the right to choose the valid documents they want to present for that process. The Justice Department will continue to fight to remove unlawful barriers in the workplace.”

Based on its investigation, the department determined that, after rejecting valid documentation that a non-U.S. citizen presented to prove she was allowed to work in the United States, JMJ Talent Solutions requested that she present specific immigration documents, including a Permanent Resident Card with an unexpired date. The department also determined that the staffing company asked at least two other lawful permanent residents to present their Permanent Resident Cards to prove their permission to work.

The Immigration and Nationality Act (INA) prohibits employers from rejecting documentation that reasonably appears to be valid and to relate to the person who presents it, from asking workers to show specific documentation, and from asking for more documentation than the law requires to prove their permission to work. Employers that do so may violate the INA’s anti-discrimination provision.

Under the terms of the settlement agreement, JMJ Talent Solutions will pay a civil penalty, post notices informing workers of their rights under the INA’s anti-discrimination provision, train its staff and be subject to departmental monitoring for three years.

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 discriminating when verifying an employee’s permission to work on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.

The Department of Justice today entered into a settlement agreement with the Rhode Island Executive Office of Health and Human Services (EOHHS) to resolve alleged violations of the Americans with Disabilities Act (ADA).

The parents of a child with autism filed a complaint with the Justice Department, alleging that Rhode Island failed to provide their minor son with community-based Medicaid services that the state had authorized. These services allow children with disabilities to remain in their homes and communities rather than enter residential treatment facilities. The parents alleged that while the state authorized their son to receive 25 to 34 hours per week of community-based services, their son only received, on average, half of the weekly authorized hours. As a result, the parents feared that their son would be forced to leave their home and move to an institution. After the United States opened an investigation of this complaint, the child entered an out-of-state residential treatment facility for several months.

“The ADA requires states to provide disability services in the most integrated setting appropriate so that children with disabilities can remain at home with their families,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Providing community-based services allows children with disabilities to live at home and avoid needless placement in residential facilities. The Civil Rights Division will vigorously enforce the ADA so that people with disabilities can get services at home instead of in facilities.”

“Integrated, community-based services for children with intellectual and developmental disabilities are critical to keeping families together and ensuring that children receive care in a supporting and loving environment; no family should be forced to make a choice between care and separation from their children when adequate support is possible in a community setting,” said U.S. Attorney Zachary A. Cunha of the District of Rhode Island. “That is what the ADA requires, what today’s agreement is designed to ensure, and what this office will continue to demand as we go forward.”

Under the agreement reached today, Rhode Island will modify its policies so that children with intellectual and developmental disabilities such as autism will receive the community-based services to which they are authorized. The state will require that families of such children receive a family care plan, allow families to receive services from different provider agencies, and provide oversight to make sure children with disabilities receive authorized community-based services. The state will also create an ombudsman program to allow individuals and their family members to express concerns. For the complainants’ son, EOHHS will develop an individualized service plan to identify the community-based services necessary for him to live at home, and pay $75,000 in damages.

This matter was handled jointly by Assistant U.S. Attorney Amy Romero for the District of Rhode Island and the Civil Rights Division’s Disability Rights Section.

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

Anyone in the District of Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at Civil Rights Enforcement (justice.gov) or 401-709-5000.

Larry Edward Foxworth, 48, was indicted yesterday by a federal grand jury in Atlanta, Georgia, for hate crime and federal firearms violations.

This indictment charges Foxworth with two counts of willfully attempting, through the use of a firearm, to cause bodily injury to customers, employees and other people present at convenience stores in Jonesboro, Georgia, because of their actual and perceived race, color and national origin. Foxworth is also charged with two counts of using a firearm in furtherance of a crime of violence. If convicted, Foxworth faces up to life in prison for each hate crime count and a mandatory minimum of 10 years in prison, consecutive to any other sentence, for each firearm count.

“Hate-fueled violence has no place in a civilized society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Thankfully no one was injured by the conduct alleged in this case, but the Justice Department is committed to using all the tools in our law enforcement arsenal to prosecute allegations of hate crimes.”

“No person should be afraid to shop or go to work in our community. Nor should people have to worry that they may be violently attacked because of the color of their skin,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Combating hate crimes continues to be among the Department of Justice’s top priorities. In this District, allegations of criminal activity fueled by hate and racism will always merit our full attention.”

“Hate crimes are the top priority of the FBI’s Civil Rights Program, due to the damaging impact they have on victims and entire communities,” said Special Agent in Charge Keri Farley of the FBI Atlanta Field Office. “This office will use every resource available to ensure that criminals committing bias-motivated violent crimes are held accountable.”

The case was investigated by the FBI’s Atlanta Field Office, and is being prosecuted by Assistant U.S. Attorney Brent Gray for the Northern District of Georgia and Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division.

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

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

A federal jury in Central Islip, New York, convicted Long Island residents Sean Novis, 51, and Gary Denkberg, 58, of conspiracy to commit mail fraud, mail fraud, wire fraud, fraudulent use of fictitious names and aiding and abetting other mail fraud schemes.

In August 2020, Novis and Denkberg were charged with operating mass mailing fraud schemes that tricked thousands of victims, many of whom were elderly, into providing the defendants with money by falsely promising prizes. Evidence presented at trial showed that, from January 2003 to September 2016, Novis and Denkberg mailed millions of prize notices that falsely represented that the victims had been specifically chosen to receive a large cash prize and would receive the prize if they paid a fee. Victims who paid the requested fee, however, did not receive the promised cash prize. Although the notices appeared to be personalized correspondence, they were merely mass-produced, boilerplate documents that were bulk mailed to recipients whose names and addresses were on mailing lists.

“The Department of Justice’s Consumer Protection Branch is committed to pursuing criminals who defraud the elderly,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “I thank the Postal Inspection Service for conducting a thorough and successful investigation.”

“The two defendants targeted and defrauded elderly Americans, the most vulnerable of populations, through a mass-mailing scheme,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s Criminal Investigations Group. “The U.S. Postal Inspection Service is deeply committed to protecting the elderly from fraudulent schemes. These convictions underscore the Postal Inspection Service’s and the Department of Justice’s dedication and determination to keep susceptible communities safe from financial exploitation and bring criminals to justice.”

According to trial evidence, Novis and Denkberg continued to operate their fraudulent mass-mailing scheme in violation of U.S. Postal Service cease-and-desist agreements and consent orders that they had agreed to in 2012. The agreements and orders had permanently barred the defendants from mailing fraudulent prize notices.

Novis and Denkberg will be scheduled for sentencing later this year, in Central Islip before U.S. District Judge Joan M. Azrack of the Eastern District of New York. The defendants face a maximum penalty of 20 years in prison. The court will determine any sentences after considering the U.S. Sentencing Guidelines and other statutory factors. 

The trial resulted from a multi-year investigation conducted by the U.S. Postal Inspection Service. The case is being prosecuted by trial attorneys Charles Dunn, J. Matt Williams, and Carolyn Rice of the Civil Division’s Consumer Protection Branch.

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

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud, and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available.

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

* * *

The case name is captioned United States of America v. Sean Novis et al., No. 2:20-cr-00335 (E.D.N.Y.).

El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con JMJ Talent Solutions, Inc. («JMJ Talent Soluctions»), una compañía de contratación con cuatro sucursales por el estado de Indiana. El acuerdo resuelve una acusación de que JMJ Talent Solutions discriminó a tres no ciudadanos de los EE. UU. por motivos de su estatus de ciudadanía al pedirles que presentaran documentos específicos para demostrar su permiso para trabajar en los Estados Unidos en vez de permitirles escoger los documentos válidos que querían presentar.

«Los empleadores no pueden discriminar a trabajadores a la hora de verificar su permiso para trabajar en los EE. UU., como, por ejemplo, rechazar su documentación válida, solicitar documentación específica o pedir más documentos de los que sean necesarios, con base en su estatus de ciudadanía o nacionalidad de origen. Todo trabajador tiene derecho a elegir los documentos válidos que quiere presentar para tal proceso», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá luchando por quitar barreras ilícitas en el empleo».

Con base en su investigación, el Departamento determinó que, después de rechazar la documentación válida que una no ciudadana de los EE. UU. había presentado para demostrar que tiene permiso para trabajar en los Estados Unidos, JMJ Talent Solutions pidió que ella presentara documentos migratorios específicos, incluyendo una Tarjeta de Residente Permanente con fecha en vigor. Asimismo, el Departamento determinó que la compañía de contratación pidió al menos a dos residentes permanentes legales adicionales que presentaran sus Tarjetas de Residente Permanente para demostrar su permiso para trabajar.

La Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores rechacen documentación que razonablemente parece ser genuina y pertenecer a la persona que la está presentando, que soliciten que los trabajadores presenten documentación específica o que pidan más documentación de la que por ley se requiere para probar que tienen permiso para trabajar. El empleador que lo haga podría estar vulnerando la disposición antidiscriminatoria de la INA.

Conforme a los términos del acuerdo conciliatorio, JMJ Talent Solutions pagará una sanción civil, publicará notificaciones para informar a los trabajadores de sus derechos en virtud de la disposición antidiscriminatoria de la INA, capacitará a su personal y se someterá a la supervisión del departamento durante tres años.

La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. 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. Hay información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación a la hora de verificar el permiso de un empleado para trabajar. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

El Departamento de Justicia anunció hoy que ha llegado un acuerdo conciliatorio con Amtex Systems Inc., una compañía de contratación y reclutamiento en el ámbito de la informática con sede en New York. El acuerdo resuelve unas acusaciones de que Amtex había discriminado a trabajadores en este país con base en su estatus migratorio o de ciudadanía durante varias fases del proceso de reclutamiento porque sus clientes preferían a trabajadores con visas laborales temporales.

«Las agencias de contratación en el ámbito de la informática no pueden excluir, de manera ilegal, a solicitantes o imponer cargas adicionales debido al estatus migratorio o de ciudadanía de alguien», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles está comprometida a hacer cumplir la ley para garantizar que los solicitantes de trabajo, incluyendo a trabajadores en este país, queden protegidos de la discriminación ilícita».

La investigación del Departamento comenzó después de que un ciudadano de los EE. UU. presentó una demanda de discriminación contra Amtex ante la Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés) de la División de Derechos Civiles. Con base en su investigación, el Departamento concluyó que Amtex usó una compañía que opera en India para identificar e investigar a solicitantes con base en la preferencia de los clientes por cierto estatus migratorio o de ciudadanía. La investigación determinó que los reclutadores enviaron anuncios de trabajo que contenían las preferencias ilícitas de sus clientes en cuanto al estatus migratorio o de ciudadanía de los trabajadores, y también implementaron esas preferencias a la hora de considerar a solicitantes. Las prácticas de los reclutadores perjudicaron a los trabajadores en este país al disuadirles de solicitar un puesto y al no considerar a aquellos que sí lo solicitaron. Por ejemplo, la investigación reveló que Amtex no consideró al menos a tres trabajadores en este país cuando estos solicitaron un puesto como respuesta a un anuncio que indicaba una preferencia por trabajadores con visas laborales temporales. Más aún, el Departamento concluyó que reclutadores para Amtex discriminaron a solicitantes no ciudadanos de los EE. UU. al requerir, de manera habitual, que presentaran un documento migratorio para poder proceder con el proceso de reclutamiento.

La disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) protege a ciudadanos estadounidenses, nacionales no ciudadanos de los EE. UU., refugiados, asilados y residentes permanentes legales recientes de la discriminación en el empleo por motivos de su estatus migratorio o de ciudadanía. Los reclutadores son responsables de vulneraciones de la INA si implementan las preferencias discriminatorias ilegales de un cliente. Conforme a la INA, los empleadores y reclutadores solo pueden restringir puestos con base en la ciudadanía o el estatus migratorio si así se lo requiere una ley, un reglamento, una orden ejecutiva o un contrato gubernamental. Es más, ya que las leyes federales solamente permiten que empleadores comprueben el permiso de una persona para trabajar después de que ya haya sido contratada, los empleadores y reclutadores no deben verificar el permiso para trabajar de solicitantes de trabajo.

Conforme los términos del acuerdo conciliatorio, Amtex pagará una sanción civil que asciende a más de $15,000 a los Estados Unidos; revisará sus políticas y procedimientos; capacitará a los empleados y agentes relevantes acerca de la disposición antidiscriminatoria de la INA y se someterá a la supervisión durante un período de tres años con el fin de garantizar su cumplimiento.

La IER es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; las prácticas documentales injustas y las represalias e intimidación. Este folleto contiene más información sobre la discriminación al amparo de la INA. 

Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; 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 la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

Attorney General Merrick B. Garland this afternoon convened a meeting with Justice Department and Supreme Court officials to discuss the security needs of Justices and the Court since the unauthorized release of a draft Court opinion. At the Attorney General’s direction, the U.S. Marshals Service accelerated the provision of around-the-clock security at the homes of all Justices, among other actions, last week.

Attendees also discussed ongoing efforts to enhance coordination, intelligence sharing, and technical support as it relates to judicial security. The Attorney General reiterated the Department’s commitment to take all appropriate actions to further enhance the security of Justices and the Court.

“The rise of violence and unlawful threats of violence directed at those who serve the public is unacceptable and dangerous to our democracy,” said Attorney General Garland. “I want to be clear: while people vote, argue, and debate in a democracy, we must not – we cannot – allow violence or unlawful threats of violence to permeate our national life. The Justice Department will not tolerate violence or threats of violence against judges or any other public servants at work, home, or any other location.” 

Those joining the Attorney General at the meeting included U.S. Marshals Service Director Ron Davis, FBI Deputy Director Paul M. Abbate, U.S. Supreme Court Marshal Gail Curley, Supreme Court Police Chief Paul Coleman, and Counselor to the Chief Justice Jeff Minear.

An Ohio woman pleaded guilty to violating the Lacey Act for selling marbled crayfish (also known as self-cloning crayfish) in interstate commerce. Marbled crayfish were recently declared an injurious aquatic invasive species under Ohio law.

According to court documents, Allison Spaulding, 46, knowingly sold marbled crayfish, Procambarus virginalis, in interstate commerce in violation of Ohio law. The marbled crayfish is considered a serious threat to aquatic biodiversity because of its high reproductive rate and the need for only one individual to start a population.

The Ohio Division of Wildlife added the marbled crayfish to the injurious aquatic invasive species list for Ohio in January 2020. Between August 2020 and June 2021, Spaulding sold marbled crayfish in 96 different transactions to buyers in 36 states for approximately $2,812.

“The Department of Justice is committed to preventing the spread of invasive species,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Marbled crayfish pose a unique threat to America’s freshwater ecosystems and the defendant’s sales had the potential to introduce this dangerous species throughout the country. Such conduct will be prosecuted and punished.”

Spaulding pleaded guilty to a Lacey Act violation. She is scheduled to be sentenced in the coming months and faces a maximum penalty of one year in prison and up to $100,000 fine. A federal district court judge will determine any sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.

The Ohio Division of Wildlife, in cooperation with the U.S. Fish and Wildlife Service, are investigating the case.

Trial Attorney Adam Cullman of the Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section, and Ohio Assistant Attorney General Sally Smetzer Montell are prosecuting the case.

Learn more about the marbled crayfish and why it is an injurious aquatic invasive species at https://ohiodnr.gov/static/documents/wildlife/fish-management/OSU_AIS_FieldGuide_Web.pdf.

BANGOR, Maine:  A Brighton, Massachusetts woman was sentenced in federal court today for conspiracy to distribute and possess with the intent to distribute methamphetamine, U.S. Attorney Darcie N. McElwee announced.

U.S. District Judge Lance E. Walker sentenced Kimberly Tompkins, 52, to 10 years in prison and five years of supervised release. Tompkins pleaded guilty in November 2021.

According to court records, between January 2017 and August 2018, Tompkins and other members of the conspiracy distributed large quantities of methamphetamine in northern Maine. Tompkins coordinated multi-pound shipments of methamphetamine from Arizona to conspirators who distributed it in Aroostook County. Tompkins also sent thousands of dollars in cash to the out-of-state source to supply the drug trafficking enterprise.

The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.

Organized Crime Drug Enforcement Task Forces: This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

                                                                                          # # #

The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that Davenport, Iowa, landlord Juan Goitia violated the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against 908 Bridge Cooperative which, along with Goitia, owned the properties where the harassment occurred.

Under the consent order, which still must be approved by the U.S. District Court for the Southern District of Iowa, defendants are required to pay $135,000 to compensate individuals harmed by the harassment and pay a civil penalty to the United States. The consent order also:

• prohibits Goitia from continuing to manage rental housing;
• requires Goitia to retain an independent property manager to manage any rental properties he owns now or in the future; and
• requires defendants to obtain fair housing training and implement comprehensive non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.

“Sexual harassment by housing providers is an illegal and egregious abuse of power that deprives tenants of their right to be safe and secure in their homes,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Justice Department is committed to protecting the rights of vulnerable tenants subjected to sexual harassment and will continue to hold landlords accountable and obtain relief for survivors.”

The lawsuit, filed in 2020, alleged that since at least 2010, Goitia subjected female tenants to harassment that included making unwelcome sexual comments and advances, touching tenants’ bodies without their consent, entering the homes of female tenants without their consent and without prior notice, and taking adverse actions against tenants who resisted his sexual overtures or complained about the harassment.

This case was litigated by attorneys in the department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the Southern District of Iowa. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the Department of Justice has filed 23 lawsuits alleging sexual harassment in housing and recovered over $9.6 million for victims of such harassment.

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 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.  

The Department of Justice today kicked off a two-day national summit on reducing violence and strengthening communities. The summit convenes more than 500 prosecutors, federal and local law enforcement officials, and community partners working under the auspices of Project Safe Neighborhoods (PSN) and the National Public Safety Partnership, two department-led initiatives that balance enforcement efforts with community engagement.

“The Justice Department’s strategy to disrupt violent crime is based on partnership: partnership among federal law enforcement agencies assisting in the fight against violent crime; partnership with the local communities facing the harm that violent crime causes them; and partnership with the state, local, Tribal, and territorial law enforcement agencies protecting those local communities every day,” said Attorney General Merrick B. Garland. “Over the next two days, this summit will bring together our indispensable community and law enforcement partners from across the country to share best practices on disrupting violent crime and strengthen our coordinated efforts to keep our communities and our country safe.”

The Department of Justice is hosting the virtual summit amid increased gun violence affecting communities across the country. A report issued last week by the Centers for Disease Control and Prevention found that the rate of firearm murders rose 35% from 2019 to 2020. Counties with the highest poverty levels had four-and-a-half times the firearm homicide rate as counties with the lowest poverty levels.

Project Safe Neighborhoods (PSN) is a nationwide initiative coordinated by U.S. Attorneys’ Offices that brings together federal, state, local, and Tribal law enforcement officials, prosecutors, community leaders and other stakeholders to identify and address the most pressing violent crime problems in communities. Its fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions. In May 2021, the Department launched a Comprehensive Strategy for Reducing Violent Crime that articulates four core principles of PSN: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results of our efforts.

U.S. Attorneys’ Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the Department’s strategy. They are collaborating with law enforcement agencies and community organizations to pinpoint the drivers of violence in their districts and working together to develop community-based, data-driven solutions. The Bureau of Justice Assistance, a division of the Department’s Office of Justice Programs, is making almost $18 million in PSN funding available to communities this year.

The Justice Department also announced its intention to select five additional jurisdictions to participate in the National Public Safety Partnership (PSP). PSP provides training, technical assistance and other resources from the department’s enforcement and grantmaking components to address community violent crime challenges. More than 50 cities have participated in the effort.

President Biden outlined his Administration’s approach to tackling violent crime during a February trip to New York City, where he discussed measures for holding accountable those who commit gun crimes and announced major investments in violence reduction efforts, community violence intervention programs, and services designed to help formerly incarcerated individuals make a successful return to their communities. “We have an opportunity to come together and fulfill the first responsibility of government and our democracy: to keep each other safe,” he said.

Joining the Attorney General during the summit are Deputy Attorney General Lisa O. Monaco, Associate Attorney General Vanita Gupta, Office of Justice Programs Principal Deputy Assistant Attorney General Amy L. Solomon, Criminal Division Assistant Attorney General Kenneth A. Polite, Jr., Director of the Executive Office of U.S. Attorneys Monty Wilkinson and Bureau of Justice Assistance Director Karhlton F. Moore. The summit is organized by the Bureau of Justice Assistance.

The Justice Department today announced the publication of the first volume of the National Firearms in Commerce and Trafficking Assessment (NFCTA), a four-part, comprehensive examination of commerce in firearms and the diversion of firearms to illegal markets.

“Last year, I directed ATF to undertake its first comprehensive study of criminal gun trafficking in over two decades,” said Attorney General Merrick Garland. “The first volume published today provides critical, data-driven insights on firearms commerce and technology trends that will inform our efforts to understand and disrupt gun trafficking networks.  We will continue to work alongside our partners to provide valuable lessons that will help agents, prosecutors, and policymakers tackle modern criminal gun trafficking enterprises.”

“We can only address the current rise in violence if we have the best available information and use the most effective tools and research to fuel our efforts” said Deputy Attorney General Lisa O. Monaco. “This report is an important step in that direction. The Department will continue to gather the data necessary to tailor our approach at the most significant drivers of gun violence and take shooters off the streets.”

In April 2021, as part of the department’s strategy to combat the rise in violent crime, President Biden and Attorney General Garland directed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue a comprehensive report on firearms commerce and trafficking. Volume I of the NFCTA, issued today, is a broad overview of firearms commerce in the United States, covering data from 2000 to 2020.

Volume I presents and analyzes data collected by ATF and other federal agencies related to the manufacture, exportation, and importation of firearms. Between 2000 and 2020, the number of Gun Control Act (GCA) firearms and National Firearms Act (NFA) weapons that were domestically manufactured, exported by U.S. manufacturers, or imported into the U.S. increased by 187%, 240% and 350% respectively. The report highlights trends in firearm commerce, noting that – for example – over the last decade, the pistol has become the dominant firearm type manufactured and imported into the U.S., and the number of short-barreled rifles manufactured annually has increased 24,080% between 2000 and 2020.

Volume I also analyzes the past 20 years of technological developments affecting firearms commerce. One of the most significant developments in this period has been the proliferation of privately made firearms (PMFs). Since the early 2000s, advances in firearm manufacturing and design, combined with the ready online availability of the parts and information necessary to assemble PMFs, have made it easier for unlicensed persons to make a firearm at home without any records or a background check. These PMFs lack identifying markings, and often have no associated recordkeeping, making it difficult for law enforcement to know how many are made and distributed into commerce. The data available, however, makes it clear that criminals are actively making, using, and distributing PMFs both domestically and internationally. The number of suspected PMFs recovered by law enforcement and subsequently traced by ATF increased 1,000% between 2016 and 2021.  To curb the proliferation of PMFs, the Department announced a new rule that updates the regulatory definitions for firearms and clarifies that background checks are required for buy-build-shoot firearms kits that are sold commercially.   

To produce the NFCTA, the ATF assembled a team of subject experts from ATF, as well as from academic and related fields. Although ATF issues a variety of public and law enforcement reports and bulletins regarding firearm commerce, trafficking, and related issues every year, it has not undertaken a joint academic study on the scale of the NFCTA in more than 20 years.

Christopher James Davis, of Venice, California, pleaded guilty in federal court in Mobile, Alabama, to one count of falsifying and using a document to obtain approval from the Environmental Protection Agency (EPA) to manufacture a pesticide.

According to court documents, Davis, a product manager for a pesticide manufacturer, submitted documents supporting a pesticide’s U.S. registration that he knew falsely indicated that the pesticide had been approved for manufacture and use in Canada, when in fact Davis knew it had not. Relying on the submission with this false information, the EPA approved the pesticide’s U.S. application.

“The honesty of individuals applying to manufacture pesticides is vital to protecting the public’s health and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will prosecute those who falsify records and submit them to obtain regulatory approvals.”

“In order to safeguard the environment, it is essential that the Environmental Protection Agency’s pesticide programs receive accurate and honest information from pesticide producers and their employees,” said Special Agent in Charge Chuck Carfagno of EPA’s Criminal Investigation Division. “This guilty plea sends a clear message that EPA and its law enforcement partners will continue to hold individuals fully accountable for illegal conduct that jeopardizes the environment.”

The case was investigated by the EPA Criminal Investigation Division. The case is being prosecuted by Senior Counsel Kris Dighe of the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resources Division, Assistant U.S. Attorney Michael Anderson, and Special Assistant U.S. Attorney Jennifer Lewis.

A federal jury in Dallas, Texas, convicted the owners and operators of four orthotic brace suppliers in Texas and Arkansas today for a $6.5 million illegal kickback scheme, including violations of the federal Anti-Kickback Statute.

According to court documents and evidence presented at trial, Bruce Stroud, 40, Bobbi Stroud, 39, husband and wife and residents of Prosper, Texas, and Kenric Griffin, 52, of Frisco, Texas, jointly owned and operated four orthotic brace suppliers: New Horizons Durable Medical Equipment, Striffin Medical Supply, 4B Ortho Supply, and Grace Professional DME.

The evidence showed that between January 2017 and April 2019, the Strouds and Griffin, through their companies, caused approximately $12.5 million to be billed in claims to Medicare for unnecessary braces based on brace orders received in exchange for illegal kickbacks. Medicare paid the defendants approximately $6.5 million for those claims. The defendants concealed the scheme by entering into numerous sham agreements with purported marketing companies that characterized the illegal payments for doctors’ orders as “marketing” expenses.   

The Strouds and Griffin were convicted of conspiracy to defraud the United States and to offer and pay illegal health care kickbacks, and seven violations of the Anti-Kickback Statute. The defendants are all scheduled to be sentenced on Sept. 7. Each defendant faces a total of up to 55 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 Chad E. Meacham for the Northern District of Texas; Special Agent in Charge Miranda Bennett of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Region; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge Matthew DeSarno of the FBI’s Dallas Field Office; and Major William Marlowe of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.

The HHS-OIG, FBI, and MFCU investigated the case.

Trial Attorneys Carlos A. López and Darren C. Halverson of the Criminal Division’s Fraud Section are prosecuting the case.

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

The United States has filed a complaint and a proposed consent decree that, if entered by a federal court in the Western District of Michigan, would allow Abbott Laboratories (Abbott) to resume manufacturing powdered infant formula at its Sturgis, Michigan, facility but also would require the company to take specific measures designed to increase safety and ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA) and the U.S. Food and Drug Administration’s (FDA) Good Manufacturing Practice Requirements.   

“The actions we are announcing today will help to safely increase the supply of baby formula for families,” said Attorney General Merrick B. Garland. “The Justice Department will vigorously enforce the laws ensuring the safety of our food and other essential consumer products, and we will work alongside our partners across government to help make sure those products are available to the American people.”

In a complaint filed May 16, the United States alleged that Abbott, Division Vice-President of Quality Assurance Lori J. Randall, Sturgis Director of Quality Keenan S. Gale, and Sturgis Site Director TJ Hathaway manufactured powdered infant formula under conditions and using practices that failed to comply with regulations designed to ensure the quality and safety of infant formula, including protection against the risk of contamination from bacteria such as Cronobacter sakazakii. The Cronobacter sakazakii bacteria can live in dry foods, such as powdered infant formulas, and can cause deadly sepsis or meningitis in infants. The complaint further alleged that FDA testing of environmental samples taken in February detected Cronobacter sakazakii in the defendants’ manufacturing facility. 

Abbott has agreed to resolve the complaint in a proposed consent decree of permanent injunction. Under the proposed consent decree, which must still be reviewed and entered by a federal court, Abbott must retain outside expert assistance to bring its facility into compliance with the FDCA and good manufacturing practice regulations. Among other things, the expert will assist Abbott, under FDA supervision, in the development of plans designed to reduce and control the risk of bacterial contamination, and will periodically evaluate Abbott’s compliance with the FDCA, regulations, and the consent decree. The proposed consent decree also follows a thorough FDA inspection of the Sturgis facility and ongoing efforts by Abbott to address observations made during that inspection. The proposed consent decree sets out what Abbott must do to resume safely manufacturing infant formula at the Sturgis facility, which will help to mitigate the shortage of infant formula while also protecting public health.

“Federal laws regarding the safe manufacture of food, particularly food for infants, must be rigorously enforced,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The proposed consent decree underscores the Department’s commitment to protecting our most vulnerable citizens while also ensuring access to an essential product.”

“Parents who feed their babies formula must have confidence these products are safe,” said U.S. Attorney Mark Totten for the Western District of Michigan. “This proposed consent decree aims to protect one of our most vulnerable populations. My office is fully committed to supporting FDA and working with its partners at the Consumer Protection Branch to ensure manufacturers in our district comply with FDA’s safety regulations.”

“Today’s action means that Abbott Nutrition has agreed to address certain issues that the agency identified at their infant formula production facility in Michigan,” said FDA Commissioner Robert M. Califf, M.D. “The public should rest assured that the agency will do everything possible to continue ensuring that infant and other specialty formulas produced by the company meet the FDA’s safety and quality standards, which American consumers have come to expect and deserve. We recognize the hardships that parents and caregivers have faced in obtaining infant formula and the FDA is focused on boosting the availability of the country’s supply of these products, including new steps regarding importation. We are also taking a look at the supply of infant formulas developed by manufacturers across the country and around the world to determine if a reallocation of their distribution can be made to help get the right product to the right place, at the right time.”

This proposed consent decree is part of the Department’s broader work to address the current infant formula shortage.  As part of these efforts, Associate Attorney General Vanita Gupta sent a letter to state attorneys general today, urging them to use their state-law authorities to ensure that vulnerable families are not taken advantage of during this time, and encouraging them to contact the Department with any evidence of collusive price fixing, bid rigging, or market allocation. The Associate Attorney General’s letter can be found here: https://www.justice.gov/asg/page/file/1506016/download.

This matter is being handled by Senior Litigation Counsels Donald R. Lorenzen and Christina Parascandola of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Andrew Hull for the Western District of Michigan, with the assistance of Senior Counsel Claudia Zuckerman of the FDA’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Michigan, visit its website at https://www.justice.gov/usao-wdmi.

    Saipan – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Mylene Basco Casupanan, age 42, from the Republic of the Philippines was sentenced in the United States District Court for the Northern Mariana Islands to 18 months imprisonment for Conspiracy to Defraud the Unites States in violation of 18 U.S.C. § 371.  The Court also ordered 2 years of supervised release following imprisonment, 40 hours of community service, and a mandatory $100.00 special assessment fee.

    In January of 2019, Casupanan along with Alejandro Tumandao Nario created A&A Enterprises, a manpower agency business incorporated on the island of Saipan in the Commonwealth of the Northern Mariana Islands (CNMI).  Nario, president of the company, and Casupanan, the accountant and business manager, operated this business which profited from the submission of more than 100 fraudulent CNMI-Only Transitional Worker (CW-1) visas.

    As part of the scheme, Casupanan recruited foreign workers from the Philippines and in the CNMI, and then forged documentation for submission with their CW-1 applications.  Rather than provide full-time employment to these foreign workers as required under the CW-1 program, Casupanan and Nario demanded the foreign workers find their own employment in Saipan and then pay A&A Enterprises a biweekly tax of $194.

    Nario was previously sentenced on February 4, 2022, to serve 21 months of incarceration in a federal prison.

    “Casupanan is the final defendant to be held accountable in this complex investigation and prosecution,” stated United States Attorney Anderson.  “Our office is actively targeting this activity in the CNMI.  We will continue to bring those who abuse the CW-1 program to justice.”

    “A&A Enterprises went through great lengths to defraud the United States Government and potential beneficiaries of the CW-1 visa program,” says HSI Honolulu Special Agent in Charge John F. Tobon. “Let this be a clear message that there will be serious consequences for those who exploit our immigration system by engaging in these elaborate fraud schemes.”

    The case was investigated by Homeland Security Investigations and prosecuted by Albert S. Flores, Jr., Assistant United States Attorney in the District of the Northern Mariana Islands.

A federal jury convicted a Florida woman today for laundering approximately $786,000 in money stolen from Medicare, Medicaid, and private health insurers as part of a sprawling health care fraud scheme in Miami.   

According to court documents and evidence presented at trial, Jesmina Ramirez, 50, of Miami Gardens, laundered hundreds of thousands of dollars in fraud proceeds by cashing checks written from five fraudulent medical supply companies and returning that cash, minus a fee, to her co-conspirators. The five fraudulent medical supply companies for whom she laundered money – BF Distributors Corp.; Timely Medical Services Corp.; Ortho-Med Solution Inc.; Expedited Medical Supplies Corp.; and Prime Orthopedic Solutions Corp. – billed Medicare, Medicaid, and private insurers more than $48 million for medical equipment the companies never actually purchased and never provided to any patients. Ramirez laundered the stolen money by cashing more than 120 checks from the fraudulent companies over more than two years.    

Ramirez was convicted of one count of conspiracy to commit money laundering and one count of money laundering. She faces 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 July 13.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge George L. Piro of the FBI Miami Field Office; Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG), Atlanta Regional Office; and Florida Attorney General Ashley Moody made the announcement.  

The FBI, HHS-OIG, FDIC-OIG, and Florida’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorneys Alexander Thor Pogozelski and Emily Gurskis of the Criminal Division’s Fraud Section are prosecuting the case.

    Saipan – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendants Eugene Ka Lok Wong, age 31, a U.S. Citizen and resident of Saipan, and Dwight Lee Deleon Guerrero Aldan, age 47, also a U.S. Citizen and resident of Saipan, were each sentenced in the United States District Court for the Northern Mariana Islands to 57 months imprisonment for Possession with the Intent to Distribute more than 50 grams of Methamphetamine, in violation of 21 U.S.C. § 841(a)(1).  The Court also ordered 5 years of supervised release following imprisonment, 100 hours of community service and a mandatory $100.00 special assessment fee for both defendants.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

    On December 18, 2020, CNMI Customs officers arrested Wong at a United States Post Office in Saipan after he retrieved a mail parcel containing methamphetamine.  Lab analysis determined that the package contained 111 grams of methamphetamine with a purity of 92%.  Customs officers discovered the package during joint surveillance with the United States Drug Enforcement Administration (DEA) and investigation by the United States Postal Inspection Service.  The investigation revealed that Wong intended to distribute the methamphetamine to various persons in Saipan.

    On December 22, 2020, again in cooperation with the DEA and United States Postal Inspection Service, CNMI Customs interdicted another parcel containing 56 grams of methamphetamine with a purity of 85%.  Aldan retrieved the parcel from the post office and intended to distribute the drugs in Saipan with Wong. In total, the packages contained approximately 1,670 individual doses of methamphetamine, with a street-value of more than $83,500.

    “We continue to partner with federal and CNMI law enforcement agencies to combat drug trafficking in our islands,” stated United States Attorney Anderson.  “Together, we will hold those who poison our communities accountable for their conduct.”

    “Methamphetamine and other highly addictive synthetic drugs pose a significant threat to the island community,” said DEA Los Angeles Division Special Agent in Charge Bill Bodner. “Through the collaboration with our law enforcement partners we continue to disrupt the distribution of dangerous drugs and hold those responsible.”  

    Inspector in Charge Rafael Nuñez of the U.S. Postal Inspection Service, San Francisco Division said: “Postal Inspectors are dedicated to protecting postal customers and employees from all kinds of harmful material in the mail. We hope this sentence sends a message to drug traffickers not to use the mail to transport controlled substances to Saipan or anywhere else.”

    This case was investigated by the Drug Enforcement Administration, United States Postal Inspection Service and Commonwealth of the Northern Mariana Islands Customs.  The case was prosecuted by Albert S. Flores, Jr., Assistant United States Attorney for the District of the Northern Mariana Islands. 

Yesterday, in honor of Police Week, Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta hosted a roundtable discussion with leaders of law enforcement organizations focused on officer safety and wellness at a time of heightened gun violence.

The Attorney General opened the meeting by recognizing the significance of Police Week, a time to honor those who made the ultimate sacrifice for their communities and the nation. He recognized that law enforcement has faced increased, targeted violence, and that the rise in violent crime makes the work of law enforcement more dangerous and more difficult. The Attorney General reaffirmed the Department’s commitment to officer safety and wellness, and the vital importance of law enforcement partnerships to protect communities from violent crime.

Deputy Attorney General Monaco shared the steps the Department has taken and is taking to reduce violent crime and tackle gun violence, including the importance of comprehensive firearm tracing and ballistics analysis.

Associate Attorney General Gupta highlighted the importance of these meetings, saying that the steps the Department takes to support officer safety and wellness are often based on feedback from the Department’s state, local, and Tribal partners. She closed by saying she was looking forward to strategizing together on ways to tackle violent crime next week at the Department’s Project Safe Neighborhood conference.

All three Department leaders thanked those in attendance for their service and sacrifices.

Themes throughout the hour-long discussion included how the Justice Department can best help its state and local partners combat violent crime; patterns and trends law enforcement are experiencing regarding gun violence; and the biggest challenges that federal, state, and local law enforcement rank-and-file are facing every day in the field.

Along with the top three leaders of the Department, also in attendance from the Department were FBI Director Christopher Wray; USMS Director Ronald Davis; DEA Administrator Anne Milgram; ATF Acting Director Gary Restaino; ATF Deputy Director Marvin Richardson; Robert Chapman, Acting Director of the Office of Community Oriented Policing (COPS); Amy Solomon, Principal Deputy Assistant Attorney General of the Office of Justice Programs (OJP); and Jen Kaplan, General Counsel of the Office of Violence Against Women.

Prior to the discussion, Attorney General Garland hosted a reception for members of law enforcement. And earlier in the day, Attorney General Garland and Deputy Attorney General Monaco attended memorials to honor those who lost their lives in the line of duty from the ATF, DEA, FBI, and USMS.

Earlier this morning, the Attorney General, Deputy Attorney General, and Associate Attorney General placed a wreath at the National Law Enforcement Officers Memorial and reflected on the sacrifices law enforcement – and their families – make in service to their communities and country. This evening, the Attorney General will attend the annual Candlelight Vigil and read names of the fallen.

The Department of Justice announced today that it has filed a lawsuit against Richard and Mary Donahue, owners of rental properties in the Janesville, Wisconsin area, alleging sexual harassment and retaliation in violation of the Fair Housing Act.

The lawsuit, filed in the U.S. District Court for the Western District of Wisconsin, alleges that Richard Donahue, who manages the properties, sexually harassed numerous female tenants since at least 2000. According to the complaint, Donahue made repeated and unwelcome sexual comments to female tenants, entered the homes of female tenants without their consent, touched female tenants’ bodies without their consent, requested sexual contact, offered reduced or free rent in exchange for sexual contact and took adverse housing-related actions against female tenants who refused his sexual advances. The lawsuit also names as a defendant Mary Donahue, Richard Donahue’s wife, who co-owns some of the properties.

Today’s lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, civil penalties to vindicate the public interest and a court order barring future discrimination. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.

“Everyone deserves to feel safe at home, but sexual harassment in housing destroys that security,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously enforce the Fair Housing Act against landlords who engage in this kind of predatory and illegal behavior.”

“No one should have to choose between having a place to live or enduring sexual harassment,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “Those few Wisconsin landlords who exploit vulnerable tenants for sex violate federal law and will be held accountable.”

The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017.  The department’s initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the initiative, the department of Justice has filed 24 lawsuits alleging sexual harassment in housing and recovered over $9.5 million for victims of such harassment. 

The Fair Housing Act 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 who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by the Donahues, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line at 1-833-591-0291, select a language, and select option number 2, then option number 4 to leave a message. Individuals may also contact the U.S. Attorney’s Office for the Western District of Wisconsin at (608) 264-5158. Individuals may also e-mail the Justice Department at fairhousing@usdoj.gov or submit a report online.

If you think you are a victim of sexual harassment by a landlord, or other forms of housing discrimination, you may contact the Justice Department by submitting a report online or contacting the U.S. Attorney’s Office at USAWIW-fairhousing@usdoj.gov.

Reports also may be made by contacting the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.

A federal grand jury in Madison, Wisconsin, returned an indictment charging a corn milling company, a company vice president, two environmental coordinators and three additional supervisors with crimes related to worker safety, fraud, air pollution and obstruction of justice, the Department of Justice announced. 

Two former company supervisors previously pleaded guilty to related charges in the U.S. District Court for the Western District of Wisconsin.

According to the indictment handed down on May 11, Didion Milling Inc. (DMI) owned and operated a corn mill in Cambria, Wisconsin. Grain milling generates large amounts of grain dust, and DMI was required to regularly clean dust accumulations from inside the mill in order to prevent both food safety and quality issues and to remove accumulations that could fuel combustible dust explosions. DMI was also required to operate and maintain air pollution control devices called baghouses to reduce emissions of grain dust — a form of particulate matter pollutant — into the environment. The indictment alleges that DMI was further required to document the completion of routine cleanings inside the mill and the routine monitoring of baghouses to prevent dust emissions outside of the mill.

The indictment alleges that DMI willfully violated two federal safety standards promulgated under the Occupational Safety and Health Act (OSH Act) — by (1) by failing to develop and implement a written program to effectively prevent and remove combustible grain dust accumulations, and (2) by failing to install explosion venting or explosion suppression on a dust filter collector — thereby causing the deaths of five employees due to a combustible dust explosion at DMI’s corn mill on May 31, 2017. 

The indictment further alleges that DMI; its vice president of operations, Derrick Clark, 48 of Waunakee, Wisconsin; its former food safety superintendent, Shawn Mesner, 44 of Readstown, Wisconsin; its former shift superintendent, Anthony Hess, 54 of Pardeeville, Wisconsin; and its former shift superintendent, Joel Niemeyer, 39 of Baraboo, Wisconsin; conspired to commit fraud by agreeing to take deceptive measures to conceal the failure to adhere to food safety procedures at the mill, including by falsifying the cleaning logbook to conceal the fact that DMI was not following its written cleaning schedule, so that DMI could maintain its food safety certification and continue to sell its products to food and beverage manufacturers. 

DMI, Clark, Mesner, Hess and Niemeyer, along with DMI’s former environmental coordinators James Lenz, 65 of Deerfield, Wisconsin, and Joseph Winch, 66, of Logansport, Indiana, also were indicted for conspiracy to commit federal offenses in order to conceal violations and unsafe conditions from auditors and government agencies. The alleged conspiracy included an agreement to falsify cleaning logs and baghouse monitoring logs, submit false environmental compliance certifications, and provide false testimony on matters within the jurisdictions of the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA).

DMI and individual defendants are further charged in the indictment with related substantive offenses. Hess, Clark and DMI are charged with obstruction of justice for providing false and misleading testimony to OSHA after the May 2017 explosion concerning their knowledge of combustible dust hazards at DMI.

Former DMI shift superintendents Michael Bright, 36, of Merrill, Wisconsin, and Nicholas Booker, 42, of Cambria, Wisconsin, previously pleaded guilty to making false entries in DMI’s cleaning logbook and false entries in DMI’s baghouse log, which involved matters within the jurisdiction of OSHA and EPA, respectively.

The OSH Act makes it a misdemeanor for an employer to willfully violate a safety standard, and that violation cause death to any employee. If convicted of the OSH Act offenses, DMI may be ordered to make restitution to victims as compensation for their pecuniary losses, fined, and sentenced to corporate probation with conditions. If convicted of fraud conspiracy, a defendant may be sentenced to a maximum term of incarceration of 20 years in prison, fined not more than $1 million and ordered to forfeit assets derived from fraud. If convicted of conspiracy to commit federal offenses and other substantive offenses set forth in the indictment, a defendant may face maximum terms of incarceration ranging from five to 20 years in prison and fines up to $1 million depending on the crime of conviction. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division made the announcement. EPA’s Criminal Investigative Division is investigating 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.

Jeremy Gibson, 31, a former officer with the Muncie Police Department, in Muncie, Indiana, pleaded guilty today to civil rights and obstruction charges. Specifically, the defendant pleaded guilty to a federal civil rights offense for assaulting an arrestee, and to an obstruction offense for writing a false report to cover up the incident.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Zachary A. Myers for the Southern District of Indiana and FBI Indianapolis Special Agent in Charge Herbert J. Stapleton made the announcement.

According to court documents and statements made during the change of plea hearing, on or about May 13, 2019, Gibson initiated a traffic stop of a car because one of the car’s headlights was out. When the driver stepped out of the car, Gibson attempted to physically take him to the ground, and punched him several times with a closed fist in the process. As other officers also used force against the driver, Gibson delivered a knee strike to the right of his head, causing his head to swing to the side, at which point another officer delivered another knee strike to the opposite side of the driver’s head. Shortly after the incident, Gibson authored a false report about the incident.

Gibson is one of four Muncie police officers who – along with Officer Chase Winkle, Officer Corey Posey and Sergeant Joseph Krejsa – were indicted in April 2021 in a 17-count superseding indictment for their roles in using excessive force against arrestees and attempting to cover up the misconduct. The other three officers are scheduled to stand trial in August 2022. A fifth Muncie police officer, Dalton Kurtz, previously pleaded guilty on Aug. 4, 2021, to one count of misprision of felony for concealing and failing to report inappropriate use of force by Officer Winkle during a separate incident.

The FBI conducted the investigation. Trial Attorneys Katherine G. DeVar and Mary J. Hahn of the Civil Rights Division, and Assistant U.S. Attorney Peter Blackett for the Southern District of Indiana are prosecuting the case.

A former Detention Deputy with the Marion County Sheriff’s Office in Indianapolis, Indiana, was sentenced today in federal district court for assaulting an inmate. Jorge Alberto Mateos, 26, of Noblesville, Indiana, was sentenced by Chief Judge Tanya Walton Pratt to 18 months in federal prison, one year of supervised release and an $1,000 fine. Mateos previously pleaded guilty to a felony civil rights offense for his unreasonable use of force against an inmate in his care.

Assistant Attorney General Kristen Clarke for the Department of Justice’s Civil Rights Division, U.S. Attorney Zachary A. Myers of the Southern District of Indiana and FBI Indianapolis Special Agent in Charge Herbert J. Stapleton made the announcement.

According to court documents and statements made at the sentencing hearing, on the evening of Sept. 9, 2021, Mateos was on duty as a Detention Deputy at the Marion County Jail. During the shift, deputies ordered an inmate at the facility to remove his jail-issued shoes. The inmate kicked off his shoes and sat in the corner of his cell. In response, Mateos entered the cell and told the inmate something to the effect of, “When a deputy tells you to do something, you need to do it.” Mateos then struck the inmate in the face multiple times, during which time the inmate did not try to resist or fight back. Mateos continued to strike the inmate after he fell to the ground. According to court documents, other detention deputies attempted to deescalate the situation, separated the inmate and Mateos, and placed the inmate in handcuffs. After the inmate was handcuffed, Mateos struck the inmate several additional times. As a result, the inmate sustained bodily injuries.  

“Former Deputy Mateos abused his authority as a law enforcement officer and betrayed the public’s trust when he violently assaulted an inmate in his custody,” said Assistant Attorney General Kristen Clarke. “Law enforcement officials who commit violent assaults inside our jails and prisons are not above the law, and we will continue to vigorously prosecute those who commit civil rights violations.”

“Law enforcement officers who violate their oaths and choose to assault persons in their custody will be held accountable,” said U.S. Attorney Zachary A. Myers. “Former Deputy Mateos chose to repeatedly attack an inmate who offered no resistance, an assault that continued even after the inmate was handcuffed. These crimes dishonor our profession and erode trust in the honorable law enforcement officers who risk their lives to keep the community safe. Abuses of the public trust are a special category of wrongs to be righted, and the sentence imposed today demonstrates that this office, the Department of Justice and our law enforcement partners will prioritize holding these offenders accountable.”

“There is no acceptable level of abuse of power,” said Special Agent in Charge Herbert J. Stapleton. “The vast majority of law enforcement officers are professional, well-trained and honor the oath they took to protect and serve the community. The FBI and our law enforcement partners will continue to hold accountable those who violate that oath and the civil rights of those they are sworn to protect.”

This case was investigated by the FBI, with assistance from the Marion County Sheriff’s Office. Assistant U.S. Attorneys Bradley P. Shepard and Kelsey L. Massa of the Southern District of Indiana, and Trial Attorney Katherine G. DeVar for the Civil Rights Division prosecuted the case.