District Not Recorded

Blackstone Labs LLC (“Blackstone”) and two of its executives pleaded guilty to conspiring to sell illegal anabolic steroids and other unlawful products marketed as dietary supplements, the Justice Department announced.  

According to court documents, Phillip “PJ” Braun, 40, of Boca Raton, Florida, and Aaron Singerman, 41, of Delray Beach, Florida, founded and operated Blackstone, a Boca Raton-based sports and dietary supplements retailer. Braun is Blackstone’s CEO and former President, and Singerman is the former CEO of Blackstone.

On Nov. 17, Braun and Singerman pleaded guilty to conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(E), and 846, and to selling unapproved new drugs, in violation of 21 U.S.C. §§ 331(d), 355(a), and 333(a)(2). On Nov. 19, Blackstone Labs pleaded guilty to the same charges as Braun and Singerman, as well as to one count of conspiracy to defraud the U.S. Food and Drug Administration (FDA) and to commit mail and wire fraud, in violation of 18 U.S.C. § 371.

In pleading guilty, Braun and Singerman admitted to leading a conspiracy to sell products through Blackstone that were labeled as dietary supplements but were actually controlled substances or drugs that were not approved by the FDA. Blackstone made the same admissions, and also admitted to having defrauded the FDA and consumers by selling illegal substances falsely labeled as dietary supplements.

The defendants specifically admitted that, from 2012 through 2017, they conspired to sell products that were unapproved new drugs and/or illegal controlled substances under the Designer Anabolic Steroid Control Act. The defendants admitted that they falsely characterized their products as safe and legal dietary supplements. In addition, they falsely represented that the products were made in “FDA approved” registered facilities that followed all required regulations, when in fact they were not. The defendants also admitted to controlling a supplement manufacturer that fraudulently imported raw ingredients for their products from China. Braun and Singerman both admitted to selling many other products in violation of the Food, Drug and Cosmetic Act, including synthetic stimulants DMAA and DMBA, and the “nootropic” chemical picamilon. The defendants ignored injury complaints from consumers and did not notify the FDA of complaints, even when required by law. As part of their plea agreements, the defendants also agreed to forfeit all proceeds of these crimes, with Braun forfeiting $3 million, Singerman forfeiting $2.9 million and Blackstone forfeiting $1 million.

“Dietary supplements are regulated to protect the health of American consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will prosecute individuals and corporations who sell dangerous products while misrepresenting that they are safe and legal dietary supplements.”

“Consumers who use dietary supplements expect those products to be safe," said Assistant Commissioner Catherine A. Hermsen for FDA Criminal Investigations. "Products mislabeled as dietary supplements can pose a serious risk to the health of U.S. consumers. We will continue to pursue and bring to justice those who jeopardize the public health.”

Braun and Singerman are scheduled to be sentenced on Jan. 27, 2022, in Ft. Lauderdale before U.S. District Judge William P. Dimitrouleas of the Southern District of Florida. Both face a maximum penalty of 13 years in prison. Judge Dimitrouleas will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Blackstone is also scheduled to be sentenced on Jan. 27, 2022.

Four other defendants previously charged by indictment in connection with a conspiracy to defraud the FDA, the distribution of unapproved new drugs, and conspiracy to distribute controlled substances have pleaded guilty. One remaining defendant is set for trial on Nov. 23.

The FDA’s Office of Criminal Investigations investigated the case. Trial Attorneys Alistair Reader and Steven Gripkey, Senior Litigation Counsel David Frank and Assistant Director John W. Burke of the Justice Department, Civil Division, Consumer Protection Branch are prosecuting the cases, with assistance from Assistant U.S. Attorney Daren Grove for the Southern District of Florida.

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

San Diego-based JM Fisheries LLC, G.S. Fisheries Inc., the companies’ manager, and the chief engineer of the commercial fishing vessel Capt. Vincent Gann have agreed to pay a total of $725,000 in civil penalties to settle federal Clean Water Act claims related to oil pollution violations on the vessel. The companies and their manager have also agreed to perform corrective measures to prevent future Clean Water Act violations.    

Working with the Coast Guard, the Department of Justice filed a civil complaint today in the U.S. District Court for the District of Hawaii against JM Fisheries LLC, G.S. Fisheries Inc., James Sousa, and Edward DaCosta, along with a proposed consent decree resolving the allegations in the complaint against the companies and manager and a stipulated settlement agreement resolving the allegations against the chief engineer. The United States alleges in the complaint that, on April 20, 2018, the defendants discharged oil and oily mixtures from the fishing vessel Capt. Vincent Gann’s engine room bilge into Pago Pago Harbor, American Samoa, while performing repairs on the vessel. The Coast Guard responded to the discharge in the harbor and oversaw the cleanup efforts. The complaint further alleges a host of violations of pollution control regulations, including a failure to properly maintain and operate the vessel’s onboard oily water treatment system and a non-approved bypass modification to the system. JM Fisheries LLC subsequently reimbursed the Coast Guard for the cleanup work.

“The laws that these polluters violated protect vital marine resources for the good of the American people,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice commends the Coast Guard for the investigation that revealed these violations and allowed these polluters to be held accountable.”

“Being a steward to our environment is everyone’s responsibility,” said Captain Arex Avanni, Commander, Coast Guard Sector Honolulu and Captain of the Port of Coast Guard District 14. “We take any violation, no matter the size, extremely seriously and will use all resources available to prevent, investigate and hold violators responsible. With the assistance of partners and our maritime community, we can ensure our environment will be well protected.”

To resolve the claims in the complaint, the consent decree requires the companies and company manager James Sousa to perform corrective measures on all vessels they own or operate. These measures include:

(1) hiring an independent maritime consultant to conduct a top-to-bottom review of each vessel’s oil handling practices and operations,

(2) providing crewmembers with training on proper operation and maintenance of the oily water separator system and on the required recordkeeping associated with the system,

(3) documenting transfers of oil within and to each vessel, and

(4) submitting compliance reports to the Coast Guard and Department of Justice.

Additionally, the consent decree requires them to pay a joint civil penalty of $720,000. The stipulated settlement agreement requires the Capt. Vincent Gann’s chief engineer, Edward DaCosta, to pay a civil penalty of $5,000 to resolve the claims alleged against him in the complaint. This penalty amount is based on a demonstrated limited ability to pay a higher penalty.

Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the waters of the United States or adjoining shorelines in quantities that may be harmful to the environment or public health. Under the Act, the Coast Guard also has promulgated spill prevention and pollution control regulations for vessels and other facilities. Overboard discharges of oily mixtures, whether by directly pumping out oily bilge water that has not been properly treated, or by attempting to pump only the portion of the oily bilge water beneath a floating oil layer in the bilge (so-called “decanting”), has long been unlawful under federal law. Eliminating oil discharges into the ocean helps protect people, birds, fish, marine mammals, sea turtles and other natural resources.

The penalty paid for this discharge and other violations will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.

The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.

A federal jury convicted two Nevada men, Saud Alessa and Jeffrey Bowen, yesterday for conspiring to defraud the IRS. A third co-conspirator, Jackie Hayes, previously pleaded guilty to the same charge on Oct. 15. The jury also convicted Alessa today of tax evasion and filing false tax returns.

According to court documents and evidence presented at trial, from 2010 through approximately March 2014, Alessa, Bowen and Hayes conspired to defraud the IRS relating to more than $500,000 in tax liabilities that Alessa owed for tax years 1998 to 2007. As part of the scheme, Hayes entered into a payment arrangement with Bowen, the owner of a vacuum cleaner distributor, J&L Distributing Inc. (J&L), where commissions earned by Alessa for his work at J&L were falsely recorded in J&L’s books as commission earned by Hayes. Hayes and Bowen then submitted tax forms and filings to the IRS that falsely reported Hayes had earned the income. This scheme allowed Alessa to evade IRS collection efforts and the payment of his outstanding federal tax debt. To further conceal his income and assets, Alessa filed false 2012 and 2013 individual tax returns, and in February 2013, he filed a bankruptcy petition falsely reporting no income.

Bowen and Alessa are scheduled to be sentenced on Feb. 22, 2022. Hayes is scheduled to be sentenced on Jan. 18, 2022. All three face a maximum penalty of five years in prison for the conspiracy charge. Alessa also faces a maximum penalty of five years in prison for the tax evasion charge and three years in prison for each count of filing a false tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting Special Agent in Charge C. Darren Lian of IRS-Criminal Investigation made the announcement.

IRS-Criminal Investigation investigated the case. Acting Deputy Assistant Attorney General Goldberg and Acting Special Agent in Charge Lian also thank the U.S. Trustee’s Office for its cooperation in the investigation. 

Trial Attorneys Michael Landman and Eric Taffet of the Justice Department’s Tax Division are prosecuting the case.

Bryan Gosman and Asa Gosman, both of Montauk, New York, pleaded guilty today in federal court in Central Islip, New York, to one felony count of criminal conspiracy for their role in a scheme to purchase illegal summer flounder and black sea bass from a local fisherman. In addition, the company which they partially own, Bob Gosman Co. Inc., a federally-licensed fish dealer also located in Montauk, pleaded guilty to two counts of misdemeanor Lacey Act Fish Trafficking.

On April 20, a federal grand jury indicted Christopher Winkler, Bryan Gosman, Asa Gosman and Bob Gosman Co. Inc. with one count of conspiracy, among other crimes. The indictment charged a conspiracy to commit mail and wire fraud as well as to unlawfully frustrate the National Ocean and Atmospheric Administration's (NOAA) efforts at regulating federal fisheries.

The indictment alleges that between May 2014 and July 2016, Winkler, as captain of the New Age, went on dozens of fishing trips where he caught fluke or black sea bass in excess of applicable quotas. Bryan and Asa Gosman admitted that this fish was then sold to a now-defunct company, an unindicted co-conspirator, in the New Fulton Fish Market in the Bronx, New York. Both Asa Gosman and Bryan Gosman had an ownership interest in the defunct company. After the Bronx company went under, Bryan and Asa Gosman contend that Winkler sold a much smaller quantity of his illegal catch directly to Bob Gosman Co. Inc. In court documents, Bryan and Asa Gosman admit that the sales of illegal fish (to both companies) totaled at least $240,000 wholesale.

Under federal law, a fishing captain is required to accurately detail his catch on a form known as a Fishing Vessel Trip Report (FVTR), which is sent to NOAA. Similarly, the first company that buys fish directly from a fishing vessel is termed a fish dealer, and fish dealers are required to specify what they purchase on a federal form known as a dealer report, which is transmitted electronically to NOAA. Pursuant to statutory mandate, NOAA utilizes this information to set policies designed to ensure a sustainable fishery. Bryan and Asa Gosman stated that part of the conspiracy was to falsify both FVTRs and dealer reports to cover-up the fact that fish were taken in excess of quotas. The pair also admitted to obstructing NOAA’s investigation into the conspiracy through the joint destruction of incriminating business records that Bryan Gosman had removed from the defunct Bronx company in March 2017. These records would have been responsive to a then-outstanding grand jury subpoena.

As part of the plea deal for the company, Bob Gosman Co. Inc. agreed to pay a criminal fine of $50,000 and be placed on probation for four years. The company also would have to implement an Environmental Compliance Plan with enhanced monitoring, training, and inspection requirements. Sentencing hearings for these defendants will be set at a future date. The trial of the remaining defendant, Christopher Winkler, is yet to be scheduled.

Assistant Attorney General Todd Kim made the announcement.

The case was investigated by agents of NOAA’s National Marine Fisheries Service as part of Operation One-Way Chandelier. The case is being prosecuted by Christopher L. Hale and Kenneth Nelson of the Justice Department’s Environmental Crimes Section, Environment and Natural Resources Division.

The Department of Justice announced today that it reached a settlement with SV Donuts Inc. LLC (SV Donuts), a Maryland corporation that owns two Dunkin Donuts store franchises. The settlement resolves a claim that the company discriminated against a lawful permanent resident because of his immigration status by not allowing him to choose which valid documentation to present to show his permission to work.

Before filing the complaint that prompted the department’s investigation, the aspiring worker called the Civil Rights Division’s Immigrant and Employee Rights Section (IER) hotline for help in overcoming the company’s refusal to accept his unrestricted Social Security card and valid driver’s license — documents that are sufficient to show permission to work in the United States. IER’s hotline offers information and assistance to workers and employers to prevent discrimination and to resolve potential immigration-related employment disputes informally, when workers request such intervention. At the worker’s request, an IER attorney called the store manager and provided information that would have informally resolved the matter and allowed the caller to begin working. Despite receiving this information, the manager insisted that the worker’s Social Security card and valid driver’s license were not acceptable documents and that the worker had to provide an unexpired permanent resident card before he could begin working.

Based on its investigation, the department determined that SV Donuts violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it rejected the worker’s valid work documentation, requested specific documentation, and delayed his hiring because of his immigration status. The investigation also revealed that the company erroneously believed that the worker had to provide an unexpired permanent resident card in part because of E-Verify requirements. 

“Employers must give workers the opportunity to freely choose and present any document from those deemed acceptable for showing that someone has permission to work in the United States,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Employers can contact IER’s hotline and get information to help them avoid committing unlawful discrimination. The Justice Department looks forward to working with SV Donuts to ensure it meets its obligations to avoid employment discrimination in the future.”

Federal law allows all individuals, regardless of citizenship or immigration status, to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work in the United States. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary or limiting employees’ choice of documents based on the employees’ citizenship, immigration status or national origin. 

Under the terms of the settlement agreement, SV Donuts will pay a civil penalty to the United States and back pay to the affected worker. Additionally, SV Donuts will train its employees on the requirements of the INA’s anti-discrimination provision, including an IER-provided training, and be subject to monitoring for a three-year period to ensure the company is complying with the agreement.  

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination 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. 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, can 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.

PORTLAND, Maine—A Bangor-based nonprofit organization will receive more than $700,000 from the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Attorney Darcie N. McElwee announced.  The Penquis Opioid Affected Youth Initiative will provide enhanced services to youth in Penobscot and Piscataquis counties.

“The opioid crisis and current pandemic have significantly impacted Maine’s children and youth,” said U.S. Attorney McElwee. “I am thrilled that the Department of Justice is able to assist Penquis in doing the crucial work of providing services to communities affected by the opioid epidemic.”

Kara Hay, Penquis’s CEO, stated, “Funding from the OJJDP will provide crucial programming for affected youth, supporting the efforts of Penquis and 15 community partners representing health, law enforcement, local government, social service, and victim service agencies. Together, we will deliver trauma-informed and trauma-responsive services, including community resource navigation for children, youth, and adults; engage youth through activity groups and evidence-based programming to increase prosocial skills and resilience; and develop comprehensive community approaches to supporting youth health, safety, and wellbeing.”

Since 1967, Penquis has worked to alleviate and eliminate the causes and conditions of poverty in Maine.  As one of 10 community action agencies in Maine, Penquis offers a comprehensive array of youth services including restorative justice, youth engagement, support services for homeless youth and youth at risk of homelessness, and support for youth victims of the opioid crisis. More information is available by visiting www.penquis.org. 

OJJDP funding programs support state and community efforts to develop effective prevention and intervention programs and to improve the juvenile justice system. The Opioid Affected Youth Initiative supports the efforts of states, communities, tribal jurisdictions, nonprofit organizations, for-profit organizations, and institutions of higher education to implement programs and strategies that identify, respond to, treat, and support children, youth, and families impacted by the opioid epidemic to ensure public safety.  Learn more at www.ojjdp.ojp.gov.   

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The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here. 

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

PORTLAND, Maine: The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the District of Maine, three towns and one county were awarded funding totaling $750,000.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland.  “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

“Given the many challenges Maine communities are facing during pandemic times, community policing is more important than ever,” said U.S. Attorney Darcie N. McElwee.  “I am so pleased to see four Maine agencies will receive these resources, and I commend them for pursuing this wise law enforcement strategy.”

The following towns and county in Maine received awards:

• Aroostook County – $375,000
• Town of Ashland – $125,000
• Town of North Berwick – $125,000
• Town of Sanford – $125,000

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based response to persons in crisis.  The complete list of awards can be found here.

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537.0 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  

The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

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A federal grand jury in Macon, Georgia, returned a two-count indictment against former supervisory correctional officer Lieutenant Geary Staten of the Valdosta State Prison (VSP) for his role in attempting to cover up an assault on an inmate incarcerated at the facility.

The indictment charges Staten, 31, with obstruction of justice and misprision of a felony. Specifically, the indictment charges that Staten knew that, on or about Dec. 29, 2018, a number of VSP correctional officers unlawfully used force on inmate F.G. in violation of the inmate’s constitutional rights. Instead of reporting or otherwise notifying authorities of these felony violations, Staten took steps to conceal the offense by directing two of the involved officers (Officer Brian Ford and Officer Jamal Scott, both of whom have pleaded guilty to federal offenses in connection with the incident) not to write any report regarding their unlawful use of force against inmate F.G., and by providing false and misleading statements to the FBI. Sergeant Patrick Sharpe also previously pleaded guilty to a federal offense in connection with the incident.

The maximum penalty for the misprision of a felony offense is three years of imprisonment, and the maximum penalty for the obstruction of justice offense is 20 years of imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke made the announcement.

The FBI conducted the investigation.

Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Department of Justice’s Civil Rights Division, are prosecuting the case.

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

Former police officer Everett Maynard was found guilty by a federal jury of violating an arrestee’s civil rights by using excessive force against him.

Maynard, 44, was convicted by a jury in Charleston for using excessive force against an arrestee while Maynard was a police officer with the Logan, West Virginia, Police Department.

The jury heard evidence over the course of two days that showed that Maynard assaulted the victim in the bathroom of the Logan Police Department before dragging him into an adjoining room, hauling him across the room, and ramming his head against a doorframe. The assault initially rendered the victim unconscious and left him with a broken shoulder, a broken nose and a cut to his head that required staples to close.

“The Constitution and its Bill of Rights afford all people in our nation the right to be free from unlawful abuse by police officers,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice will not tolerate criminal misconduct by law enforcement officials and will hold accountable those who commit civil rights violations.”

“Everett Maynard abused his authority as a police officer and betrayed the public’s trust when he violated an arrestee’s civil rights,” said U.S. Attorney Will Thompson for the Southern District of West Virginia. “While the overwhelming majority of law enforcement officers perform their duties with honor and professionalism, those who violate the rights of others will be held accountable. The prosecution of cases like this is important to my office, the citizens of West Virginia and the policing profession. I commend P.D. Clemens, the former Chief of the Logan Police Department who now serves as the Sheriff of Logan County, for quickly referring the matter to the West Virginia State Police and the FBI for independent investigation.”

“Everett Maynard used his badge as a license to abuse his power,” said Special Agent in Charge Mike Nordwall of FBI Pittsburgh. “An officer’s use of excessive force violates the oath they are sworn to uphold and the trust placed in them by the community. The FBI is responsible for upholding the Constitution and protecting the American people, and no one is above the law, including law enforcement officers who abuse their authority.”

Maynard’s sentencing has been set for March 17, 2022. He faces a maximum penalty of 10 years of imprisonment. 

This case was investigated by the Pittsburgh Division of the FBI with the support of the West Virginia State Police and was prosecuted by Trial Attorney Kathryn E. Gilbert of the Civil Rights Division and Assistant U.S. Attorney Nowles Heinrich of the Southern District of West Virginia.

A North Carolina man was sentenced today to 75 months in prison for conspiracy to commit dog fighting offenses and being a felon in possession of a firearm.

Delontay Moore, 26, of Concord, pleaded guilty to the charges on July 8. According to court documents, Moore sponsored and exhibited a dog in a dog fight in December 2019, after conspiring with others to prepare and train the dog for the fight. The dog lost and died of injuries sustained during the fight. In February, agents seized 25 dogs from Moore, many of which exhibited the types of scars that are observed in dogs that are used in dog fights. They also showed evidence of gross neglect, including infections where their ears had been cropped; inflamed or infected wounds; and dehydration. On the day of the seizure, three dogs required emergency treatment, including treatment for a fractured leg with exposed bone.

The felon-in-possession charge stemmed from an investigation by the Concord Police Department. According to court documents, the Concord Police Department received an anonymous tip that Moore — who had previously been convicted of drug and weapons felonies — was storing firearms around his property. In December 2019, a detective with the Concord Police Department conducted surveillance there and saw Moore carry what proved to be an AR-15 assault style rifle behind his house and stash it under a tarp. Concord Police Department subsequently recovered the weapon during a search.

Moore was sentenced to 75 months total incarceration: 63 months on the felon in possession charge and 60 months on the conspiracy to commit dog fighting charge, which is the statutory maximum. 48 months of the conspiracy to commit dog fighting charge will run concurrent with the felon-in- possession charge and 12 months will run consecutively.

“Dog fighting is not only inhumane and brutal, but also a federal crime,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Shutting down this criminal industry and holding accountable those who engage in it is part of our ongoing mission.”

“This case reveals the cruel truth of dog fighting: it brutalizes and exploits animals for the sake of trivial human entertainment,” said Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “We thank the law enforcement agents who investigated the case. Through their efforts, the defendant will serve a federal prison sentence for participating in this barbarous activity and for illegal possession of a firearm.”

"The intentional infliction of pain and suffering on animals for sport is unfathomable," said Special Agent in Charge Jason Williams of the U.S. Department of Agriculture-Office of Inspector General (USDA-OIG). “We appreciate the commitment of our law enforcement partners in pursuing these individuals who choose to participate in this heinous pastime while also committing other serious offenses in our communities.”

The USDA Office of Inspector General investigated the dogfighting case, with assistance from the Rowan County Sheriff’s Office and the Concord Police Department. The felon-in-possession case was investigated by the Concord Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant U.S. Attorney Ashley Waid of the U.S. Attorney’s Office for the Middle District of North Carolina and Trial Attorney Erica Pencak of the Justice Department’s Environmental Crimes Section prosecuted the case.

The Berkeley County Public Service Sewer District in West Virginia will pay a $518,400 penalty, make extensive improvements to its sewer and stormwater systems, and implement a state-directed supplemental environmental project valued at $1.14 million under a settlement with federal and state authorities, the Department of Justice, Environmental Protection Agency (EPA) and West Virginia Department of Environmental Protection (WVDEP) announced today.

The settlement, lodged today in federal court by the Department of Justice on behalf of EPA and WVDEP, resolves chronic alleged violations of the federal Clean Water Act and the West Virginia Water Pollution Control Act. 

In a federal court complaint filed with the settlement, the United States and WVDEP cited Berkeley for exceeding pollution limits at its permitted wastewater treatment plants more than 1,300 times; allowing sanitary sewer overflows (SSOs) more than 500 times; failing to properly operate and maintain its sewage collection systems; and failing to develop and implement an adequate Municipal Separate Storm Sewer System (MS4) program.  

“This settlement, done in partnership with the state of West Virginia, will ensure that Berkeley attains compliance with environmental laws protecting our waters and the citizens of Berkeley County,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “Under the settlement, Berkeley will implement a comprehensive solution that will improve wastewater treatment and mitigate stormwater pollution.”

“Today’s settlement is a victory for protection of human health and the environment,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “This settlement includes concrete requirements that will reduce discharges of sewage and other pollutants in Berkeley County, which directly translates to cleaner, safer water for local communities and communities downstream along the Potomac River.”

The settlement requires Berkeley to pay civil penalties of $432,000 to the United States and $86,400 to WVDEP. Berkeley will satisfy remaining penalties owed to WVDEP by implementing a supplemental environmental project. This project requires Berkeley to provide treatment for sewage from the White Bush Landing and Midway mobile home parks in Falling Waters, West Virginia, a project valued at $1,145,000.

In addition to the penalty, the settlement requires extensive improvements to Berkeley’s sewer and stormwater systems at an EPA-estimated cost of $50 million to ensure compliance with federal and state pollution control laws. Improvements include:

• Establishing a comprehensive MS4 program.
• Assessing capacity, mapping, and developing a medial measures plan for the sewage collection system.
• Evaluating and taking corrective actions at under-performing treatment systems.
• Training employees.
• Developing and implementing a pump station inspection program and corrective action plan.
• Conducting inspections and taking corrective actions to prevent stormwater and groundwater from entering sewer pipes.
• Educating the public on handling/disposal of fats, oil and grease.
• Requiring reports to keep EPA and WVDEP informed of problems and progress toward various consent decree milestones.

SSOs pose a substantial risk to public health and the environment, and include pollutants such as bacteria, pathogens, nutrients, untreated industrial wastes, toxic pollutants, soil and pesticides and wastewater solids and debris. Berkeley’s wastewater and MS4 facilities, which include approximately 245 miles of sewer pipes and multiple wastewater treatment plants, all discharge to the Potomac River or its tributaries, which are part of the Chesapeake Bay watershed. By improving water quality, the settlement will benefit communities in Berkeley, West Virginia, as well as communities downstream of Berkeley, including communities that are historically underserved and disproportionately impacted by pollution.

The proposed consent decree, which has been lodged with the U.S. District Court in Martinsburg, West Virginia, is subject to a 30-day public comment period and final federal court approval.

For more information on the Clean Water Act, visit  https://www.epa.gov/laws-regulations/summary-clean-water-act.

For more information on sanitary sewage overflows, visit https://www.epa.gov/npdes/sanitary-sewer-overflows-ssos.

For more information on this settlement, visit https://www.epa.gov/enforcement/berkeley-county-public-service-sewer-district-west-virginia-clean-water-settlement.

An Oregon man has been charged with a federal hate crime after using the internet to target and brutally assault a gay man because of his sexual orientation.

Daniel Andrew McGee, of Springfield, has been charged by criminal complaint with a hate crime. The complaint alleges that McGee attempted to kill the victim.

According to court documents, McGee and his victim met using Grindr, a social media and networking application designed for, and used primarily by, gay men. On July 5, after agreeing to meet, McGee entered his victim’s apartment and proceeded to assault the man with a wooden club over a period of several minutes. Despite the victim’s pleas for McGee to stop, McGee continued striking the man repeatedly in the head with the club. The victim sustained life-threatening injuries and was transported to a local hospital.

Further investigation revealed that, in the weeks leading up to the attack, McGee used the internet to search for and view graphically violent anti-gay material, including videos of anti-gay attacks. McGee also used the internet to plan the assault, purchasing the weapon and other materials online. In addition, McGee searched online for suggestions about how to get away with murder and how murderers avoid getting caught.

On Nov. 15, McGee was arrested by the FBI and made his initial appearance in federal court before a U.S. Magistrate Judge. He was ordered detained pending further court proceedings.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.

This case was investigated by the FBI with assistance from the Eugene Police Department. It is being prosecuted by Assistant U.S. Attorney Gavin W. Bruce for the District of Oregon and Trial Attorney Cameron A. Bell of the Civil Rights Division.

A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.

A New Jersey man was sentenced today to one year and one day in prison for his role in conspiring with members of a white supremacist hate group to threaten and intimidate African-Americans and Jewish Americans by vandalizing minority-owned properties throughout the country in September 2019.

Richard Tobin, 20, of Brooklawn, New Jersey, previously pleaded guilty before U.S. District Judge Robert B. Kugler to an information charging him with conspiracy against rights. Judge Kugler imposed the sentence today in Camden federal court.

“The defendant conspired with a white supremacist hate group to vandalize and destroy property owned by Jewish and Black Americans, intending to instill fear into those communities across the country,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This sentence makes clear that targeting persons owning and using property simply based on their race or religion will not be tolerated. The Department of Justice will continue to prosecute civil rights conspiracies and vindicate the rights of victims of bias motivated crimes.”

“Richard Tobin encouraged hateful acts of violence against individuals and their houses of worship, based on their religion or the color of their skin,” said Acting U.S. Attorney Rachael A. Honig of the District of New Jersey. “Justice demanded that he be held accountable for these racist and anti-Semitic actions, and we are proud to have joined with our colleagues in the Civil Rights Division and the Joint Terrorism Task Force in doing so in this case. Our commitment to protecting the civil rights of all in New Jersey is steadfast.”

“Richard Tobin’s white supremacist beliefs are abhorrent, but his beliefs aren’t why he’s going to prison,” said Special Agent in Charge Jacqueline Maguire of the FBI’s Philadelphia Division. “He actively conspired with others to commit a crime of violence, to victimize innocent people because of who they are or how they worship. That’s what crossed a line and made it the FBI’s business. We’re always going to pursue individuals inciting violent, hateful acts meant to intimidate and isolate members of our community.”

According to documents filed in this case and statements made in court, Tobin admitted that from Sept. 15 to Sept. 23, 2019, he was a member of a white supremacist group, “The Base,” and during that time, he communicated online with other members and directed them to destroy and vandalize properties affiliated with African Americans and Jewish Americans. Tobin dubbed this coordinated attack “Kristallnacht,” or “Night of Broken Glass,” after an attack in Germany on Nov. 9 and 10, 1938, in which Nazis murdered Jewish people and burned and destroyed Jewish homes, synagogues, stores and schools. Tobin implored members of The Base to post propaganda flyers and to break windows and slash tires belonging to African Americans and Jewish Americans. On Sept. 21, 2019, members of The Base vandalized synagogues in Racine, Wisconsin, and Hancock, Michigan, by spray painting them with hate symbols. 

A conspirator, Yousef Omar Barasneh, previously pleaded guilty to conspiracy against rights in federal court in the Eastern District of Wisconsin, for his role in vandalizing the synagogue in Racine, Wisconsin.    

In addition to the prison term, Judge Kugler sentenced Tobin to three years of supervised release.

Acting U.S. Attorney Honig credited special agents of the FBI Philadelphia Division’s South Jersey Resident Agency, under the direction of Special Agent in Charge Maguire, and the Joint Terrorism Task Force and its member agencies, including the Department of Homeland Security – Homeland Security Investigations, the New Jersey Office of Homeland Security and Preparedness, the New Jersey State Police and the Camden County Police Department, with the investigation leading to today’s sentencing. She also thanked the Brooklawn and Cherry Hill Police Departments for their assistance.

The government is represented by Assistant U.S. Attorney Kristen M. Harberg of the District of New Jersey and Trial Attorney Eric Peffley of the Civil Rights Division, Criminal Section.

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

The complaint alleges that Melissa Gasca, individually and doing business as Su Familia Income Tax, and a related tax preparation business, FinancialPlus Services Inc., prepared nearly 5,000 federal income tax returns during 2017-2020, including over 900 returns in 2020. According to the complaint, in a substantial number of these tax returns, the defendants significantly overstated the customers’ tax refunds by falsely reporting inflated Form W-2 federal income tax withholdings.

By repeatedly understating her customers’ tax liabilities, the complaint alleges, Gasca and her tax preparation businesses caused the United States to lose over $5 million in tax revenue from 2017 to 2020.

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

Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers.

In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers.  Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page.  If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

The U.S. District Court for the Eastern District of New York unsealed an indictment today charging a New York man, a Florida man and a Canadian national with running a fraudulent mass-mailing scheme that tricked consumers, many of whom were elderly and vulnerable, into paying fees for falsely promised cash prizes.

The indictment charges Shawn Phillips, 52, of British Columbia, Canada; Jeffrey Novis, 79, of Long Island, New York; and Phillip Priolo, 58, of Hallandale Beach, Florida, with conspiracy to commit mail fraud and wire fraud, and multiple counts of mail fraud and wire fraud.

“Elder fraud schemes present a serious threat to the financial security and the well-being of America’s seniors,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue to pursue and prosecute the perpetrators of these schemes.”

The indictment alleges that, from June 2013 to November 2016, Shawn Phillips ran a mail fraud scheme that mailed hundreds of thousands of prize notices that falsely claimed that victims were specially chosen to receive a large cash prize and would receive the prize if they paid a fee, ranging from approximately $20 to $40. Victims who paid the requested fee, however, did not receive the promised cash prize. Although the notices appeared to be personalized correspondence, they were, in fact, mass-produced, boilerplate documents that were bulk mailed to recipients whose names and addresses were on mailing lists. The indictment alleges that in 2016, Jeffrey Novis opened bank accounts for the purpose of depositing checks mailed by the victims of this scheme, and transmitting the funds to Phillips. The indictment further alleges that from 2013 through 2016, victims paid more than $10.8 million in response to these fraudulent prize notices. 

The indictment further alleges that from March 2015 through December 2016, Jeffrey Novis and Phillip Priolo owned and controlled a similar mail-fraud scheme that mailed hundreds of thousands of the same type of fraudulent prize notices. The indictment alleges that during that time, victims paid more than $2.2 million in response to these fraudulent prize notices.

The scheme operated by Novis and Priolo used infrastructure shared by the Phillips scheme. All three defendants conspired with Sean Novis and Gary Denkberg, the operators of a direct-mail operation based out of Long Island, New York, to facilitate the printing, mailing and data-management for their mail-fraud schemes. Sean Novis and Denkberg have previously been indicted for their role in aiding and abetting these mail-fraud schemes.

“The defendants in this case allegedly operated a mass-mailing scheme that targeted older Americans — a trend Postal Inspectors unfortunately see on a regular basis,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service Criminal Investigations Group. “Today’s action should serve as a reminder that Postal Inspectors have a long history of protecting consumers, and will always be ready to bring individuals to justice for their crimes against the American public.”

Novis made his initial court appearance Nov. 9 before U.S. Magistrate Judge Steven L. Tiscione of the U.S. District Court for the Eastern District of New York.  Priolo made his initial court appearance Nov. 9 before U.S. Magistrate Judge Lurana S. Snow of the U.S. District Court for the Southern District of Florida. If convicted, each charge carries a statutory maximum sentence of twenty years in prison along with a statutory maximum fine of $250,000 or twice the gross gain or gross loss from the offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The government is represented by Trial Attorneys Bart Dunn and Ann Entwistle the Civil Division’s Consumer Protection Branch. The U.S. Postal Inspection Service Criminal Investigations Group provided investigative support. 

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. Eastern time. 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.

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

The Department of Justice announced today that it reached a settlement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The settlement resolves the department’s claims that Igloo did not consider workers in the United States (such as U.S. citizens, U.S. nationals, asylees, refugees and recent lawful permanent residents) for certain jobs because the company set aside those positions for workers on temporary work visas.

The department’s investigation concluded that Igloo failed to consider applicants in the United States for seasonal production helper positions because the company assumed that U.S. workers would not be interested in temporary seasonal employment. Instead, Igloo reserved its seasonal production helper positions for workers with H-2B visas based on their immigration status. Under the Immigration and Nationality Act (INA), employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. In addition, the Department of Labor requires employers seeking permission to hire H-2B workers to first hire all qualified and available U.S. workers who apply by the relevant deadline.  

“Employers cannot favor workers on temporary visas and ignore applications from qualified U.S. workers because of assumptions based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not tolerate unlawful employment discrimination and is committed to holding violators accountable.”

Under the terms of the settlement agreement, Igloo will pay $21,000 in civil penalties to the United States and will make $40,000 in back pay available to eligible discrimination victims. Igloo will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees on the requirements of the law, undertake additional recruitment efforts before seeking H-2B visas in the future, and be subject to monitoring for a three-year period to ensure the company is complying with the agreement.  

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 citizenship status and national origin discrimination 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. 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 can 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.

The Office for Victims of Crime (OVC), a component of the Department of Justice’s Office of Justice Programs (OJP), has awarded nearly $104 million to serve victims in tribal communities, of which nearly $101 million was awarded through the Crime Victims Fund Tribal Victim Services Set-Aside.

More than 140 awards were made through the Tribal Victim Services Set-Aside formula program to fund culturally-appropriate victim services to meet the needs of Tribal communities.

“American Indian and Alaska Native crime victims deserve the same access to services and the same level of support available to survivors in other communities,” said Associate Attorney General Vanita Gupta. “This administration, and this Department of Justice, are committed to fully discharging our responsibilities to Indian nations, especially to those who have experienced the pain and loss that follow victimization. These funds will help establish, expand and enhance services that are vital to recovery and healing.”

The funds can be used for many victim services purposes, including the development, enhancement and implementation of programs; strategic planning; and needs assessments. Funds may also be used to offer shelter and transitional housing services; crisis abuse intervention; legal services; medical and dental care; mental health care; transportation; and education and employment readiness.

“American Indians and Alaska Natives experience crime and victimization at disproportionate rates, and they are often unable to access the services they need to begin the road to healing,” said Acting Assistant Attorney General Amy L. Solomon of the Justice Department’s Office of Justice Programs. “These awards will support service providers as they undertake the critical work of helping survivors meet basic material and emotional needs and rediscover hope in the wake of tragedy.”

Under the Set-Aside, OVC is:

1. Supporting Tribal grantees with capacity building, training and technical assistance ($6.8 million) through the Tribal Set-Aside Training and Technical Assistance Program, the Tribal Financial Management Center and the Human Trafficking Capacity Building Center;
2. Updating the Tribal Resource Tool ($199,999) which maps the availability of victim services in Tribal communities;
3. Contributing to the Tribal Access Program ($420,000);
4. Conducting the next National Indian Nations Conference ($680,796);
5. Transferring funding to the Bureau of Indian Affairs to support the Federal Crime Victim Assistance Fund ($30,000) and Victim Specialist positions (more than $1.7 million); and
6. Providing funding to the Bureau of Justice Assistance to support Coordinated Tribal Assistance Solicitation Purpose Area 2 ($250,000) and Tribal construction contracts ($251,332).

In addition to funds available to support Tribal communities under the Set-Aside, the remaining $3 million will be awarded under the Children’s Justice Act Partnership to Tribes to respond to cases involving criminal child abuse and neglect.

The Crime Victims Fund was established by the Victims of Crime Act of 1984. It is financed, not by tax dollars, but from criminal fines, forfeited bail bonds, penalty fees and special assessment fees collected by U.S. Attorneys’ Offices, U.S. Courts and the Bureau of Prisons.

Additional information about FY 2021 grant awards from the OJP can be found online at the OJP Award Data Page.

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

The Department of Justice today announced that it will award 137 grants to 85 American Indian and Alaska Native communities, for a total of $73 million, to improve public safety and serve crime victims. The announcement was made during the White House Tribal Nations Summit taking place virtually today and tomorrow.

These funds are designed to help enhance tribal justice systems and strengthen law enforcement, improve the handling of child abuse cases, combat domestic violence and support tribal youth programs.

“The Justice Department is pleased to make the Coordinated Tribal Assistance Solicitation available to federally recognized tribes, providing a transparent and simple process to apply for grants that best align with their community’s needs,” said Associate Attorney General Vanita Gupta. “This one-step application makes it possible for tribes to access critical resources to help them meet the critical public safety needs of their communities.”

More than four in five of American Indian and Alaska Native adults have experienced some form of violence in their lifetime, according to the Bureau of Justice Statistics. This equates to nearly three million people who have experienced stalking, sexual violence, psychological aggression or physical violence by intimate partners.

“Each year, the department invests millions of dollars to help our Tribal partners confront the challenges of violent crime and domestic abuse in their communities and strengthen their public safety infrastructure,” said Acting Assistant Attorney General Amy L. Solomon for the Justice Department’s Office of Justice Programs. “We are pleased to support the critical work that Tribal nations are undertaking in communities across the country.”

More than $73 million will be awarded under CTAS, a streamlined application which helps tribes apply for tribal-specific grant programs that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by OJP ($48 million) and the Office of Community Oriented Policing Services (COPS Office) ($25 million).

“These grants provide vital resources to Tribal law enforcement and their communities by offering equipment and training, along with resources to help officers understand and better serve their communities in areas of domestic abuse, stalking and sex trafficking, and alleviate the detrimental effects that substance abuse and crime have on individuals and their families,” said Acting Director Robert Chapman of the COPS Office

The COPS Office also awarded $400,000 to Western Oregon University to create a structured and tribal-centered innovative approach to enhance the operation of the criminal justice system to address the concerns of the American Indian and Alaska Native communities regarding missing and murdered indigenous people, particularly missing and murdered women and girls.

In addition to CTAS funding, OJP has awarded more than $100 million through the Tribal Victim Services Set-Aside to improve services for crime victims in Tribal communities. OJP’s Office for Victims Crime is supporting tribal grantees with capacity building, training and technical assistance (more than $6.8 million) and an update of the Tribal Resource Tool ($199,999), which maps the availability of victim services in tribal communities. An additional $2.9 million will be awarded under the Children’s Justice Act Partnership to tribes to enhance the handling of cases centered around criminal child abuse and neglect.

The department also funded $6.5 million through OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending Registering and Tracking to help Tribes comply with federal law on sex offender registration and notification.

Information about FY 2021 grant awards from the Office of Justice Programs can be found online on the OJP Grant Awards Page. The page will be updated as awards are made.

Information about FY 2021 grant awards from the COPS Office can be found online at the COPS Grant Page.                                               

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

The COPS Office is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territorial and Tribal law enforcement agencies through information and grant resources. More information about the COPS Office can be found at https://cops.usdoj.gov/.

Under a proposed settlement to resolve liability for natural resource damages, Honeywell International Inc. and others have agreed to a settlement with a value of approximately $6.25 million to restore natural resources and their services, and to preserve, in perpetuity, over more than 70 acres of natural undeveloped habitat along the Buffalo River in Buffalo, New York. The proposed settlement, which was filed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), will, if approved by the court, benefit the entire city of Buffalo community, including low-income and Black, Indigenous and minority neighborhoods historically overburdened by environmental pollution.

Today’s action was filed by the Department of Justice on behalf of the U.S. Department of the Interior’s Fish and Wildlife Service, the State of New York on behalf of the New York State Department of Environmental Conservation (DEC) and the Tuscarora Nation, as trustees for the natural resources that were harmed by the release of hazardous substances into the Buffalo River. The complaint alleges that Honeywell is the successor to Allied Chemical Corp./Buffalo Color Corp., which manufactured dyestuffs and/or organic chemicals at a facility along the River, and discharged process and cooling waters containing hazardous substances into the River from the mid-1960s to the early 1970s. As part of the proposed settlement, Honeywell entered into separate agreements with ten other entities that were also allegedly responsible for releasing hazardous substances into the River. These hazardous substances caused injuries to natural and cultural resources in and along the Buffalo River, such as migratory birds, fish and mammals, as well as the sediment and groundwater.

“The Justice Department is committed to working with state and Tribal partners to restore and preserve natural resources and their services for the benefit of the public, including low-income and minority communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The proposed settlement shows how we will strive to promote environmental justice in holding polluters to account.”

“This settlement is a favorable result that provides for substantial restoration work in the area surrounding the Buffalo River,” said U.S. Attorney Trini E. Ross of the Western District of New York. “The proposed natural resource restoration projects will enhance access to the Buffalo River and the natural habitat for the use and enjoyment of everyone in the community.”

“The settlement will preserve the remaining natural habitat along the Buffalo River, within the urban environment of the City of Buffalo, providing benefits for migratory birds that use the adjacent Niagara River, an Important Bird Area and Ramsar designated wetland,” said Regional Director Wendi Weber of the North Atlantic-Appalachian Region for the U. S. Fish and Wildlife Service. “It will also enhance recreational opportunities and provide local communities with greater access to the river, helping to connect people to nature.”

“Today’s announcement is the hard-earned result of years of advocacy and scientific investigation conducted by New York State, our federal partners and the Tuscarora Nation to hold the responsible parties accountable for decades of pollution that contaminated the Buffalo River,” said DEC Commissioner Basil Seggos. “We look forward to continuing to work together with our federal, Nation, and local partners to support the ongoing transformation of the city of Buffalo and continue our work reconnecting New Yorkers to a cleaner, healthier Buffalo River.”

The settlement will restore native species on over 70 acres of land that will be preserved in perpetuity in its undeveloped condition along the Buffalo River in an otherwise predominantly urban environment. Public access will also be provided to a portion of the City Ship Canal, allowing for recreational fishing from the shoreline. The conservation of the undeveloped land along the River, including portions of the Ship Canal, Concrete Central and Houghton Park, is valued at approximately $2 million. The conservation portion of the proposed settlement will provide increased habitat and natural aesthetic value, and additional trails for public use. 

The settlement also includes the payment of $4.25 million for proposed natural resource restoration projects to create natural habitat and access to the River for the use and enjoyment of the public, including local low-income and minority community members. A portion of the recovery will also be used to fund cultural and ecological restoration programs on behalf of Tuscarora Nation. The trustees are engaged in joint restoration planning efforts, including through a proposed restoration plan that is currently subject to public comment. The draft restoration plan is available for review at:   https://www.fws.gov/northeast/nyfo/ec/files/buffalo/DRAFT_Buffalo_River_Restoration_Plan_Environmental_Assessment_September_2019.pdf

The proposed settlement has been lodged in the U.S. District Court, Western District of New York, and is subject to a public comment period and final court approval. The consent decree can be viewed at the Department of Justice website: www.justice.gov/enrd/Consent_Decrees.html.

El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Igloo Products Corp., una compañía que fabrica hieleras, jarras y productos de hidratación con sede en Katy, Texas. El acuerdo resuelve las acusaciones del Departamento de que Igloo no consideró a trabajadores en los Estados Unidos (tales como ciudadanos de los EE. UU., asilados, refugiados y residentes permanentes legales recientes) para ciertos trabajos porque la compañía los había reservado para trabajadores con visas laborales temporales.

La investigación del Departamento concluyó que Igloo no consideró a postulantes en los Estados Unidos para puestos como asistentes de producción estacional porque la compañía supuso que trabajadores en este país no estarían interesados en empleo estacional temporal. En su lugar, Igloo reservó sus puestos de asistentes de producción estacional para trabajadores con visas H2-B, con base en su estatus migratorio. Conforme la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés), los empleadores no pueden, por norma general, discriminar a trabajadores por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en ningún momento durante el proceso de contratación. Asimismo, el Departamento de Trabajo requiere que cualquier empleador que pida permiso para contratar a trabajadores H-2B contrate primero a todos los trabajadores cualificados y disponibles en este país que soliciten un puesto antes de la fecha límite relevante.  

«A los empleadores no se les permite favorecer a trabajadores con visas temporales y hacer caso omiso de solicitudes provenientes de trabajadores cualificados en este país por motivos de suposiciones basadas en el estatus migratorio o la ciudadanía», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia no tolerará discriminación ilícita en el empleo y está comprometido a hacer a cualquier infractor rendir cuentas».

Conforme los términos del acuerdo conciliatorio, Igloo pagará $21,000 a los Estados Unidos por concepto de sanciones civiles y pondrá $40,000 a la disponibilidad de víctimas de discriminación elegibles. Por otra parte, Igloo cambiará sus políticas y procedimientos para que estos cumplan con la disposición antidiscriminatoria de la INA, capacitará a sus empleados en cuanto a los requisitos de la ley, en el futuro realizará esfuerzos adicionales de reclutamiento antes de buscar a trabajadores con visas H2-B y será supervisado durante un período de tres años para garantizar que la compañía esté cumpliendo con el acuerdo. 

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 y 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. 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; 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. 

Download Settlement Agreement.pdf

A Mexican national was extradited from Brazil to the United States on Nov. 10 to face international drug trafficking charges. Jose Gonzalez-Valencia, aka Jafett Arias-Becerra, aka La Chepa, aka Camaron, and aka Santy, 46, arrived in the United States on Wednesday and made his initial court appearance yesterday in Washington, D.C. Superior Court. He is detained pending his appearance on Friday afternoon before U.S. Magistrate Judge Robin M. Meriweather in D.C. District Court.

According to court documents, beginning in as early as 2006, Gonzalez-Valencia conspired with others to import more than five kilograms of cocaine into the United States from a foreign country. According to court documents, Gonzalez-Valencia is alleged to be a high-ranking leader of the Los Cuinis drug-trafficking organization (DTO), which is based in Jalisco State in Mexico. Los Cuinis is closely aligned with the Cartel de Jalisco Nueva Generacion (CJNG). Together, Los Cuinis and CJNG form one of the largest, most dangerous, and prolific drug cartels in Mexico. They have been and continue to be responsible for trafficking ton quantities of illegal drugs into the United States and employing extreme violence to further that objective. The close alliance between Los Cuinis and CJNG is strengthened by familial ties between the criminal organizations: Nemesio Oseguera Cervantes, aka Mencho, the leader of CJNG, is married to Rosalinda Gonzalez-Valencia, who is the defendant’s sister. 

“The United States will continue to work with global partners to pursue those who seek to import illegal drugs into our country,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “U.S. law enforcement can, and will, target individuals who are responsible for funneling large quantities of illegal and dangerous drugs into our communities here at home.”

“Today’s extradition of Jose Gonzalez-Valencia showcases the commitment of Drug Enforcement Administration’s (DEA) agents and prosecutors to bring alleged international drug traffickers to justice,” said DEA Administrator Anne Milgram. “Gonzalez-Valencia will face a jury in the United States after allegedly trafficking cocaine for more than a decade.”

A grand jury in the District of Columbia returned an indictment against Gonzalez-Valencia on Oct. 26, 2016. In December 2017, Gonzalez-Valencia was arrested by Brazilian police in Fortaleza, Brazil, at the request of the United States, where he remained detained pending his extradition.

Gonzalez-Valencia is charged with conspiracy to distribute five kilograms or more of cocaine, knowing and intending that it will be unlawfully imported to the United States. If convicted, Gonzalez-Valencia faces a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case is part of “Operation Stir the Pot,” which was supported by the Organized Crime and Drug Enforcement Task Force (OCDETF). The DEA’s Los Angeles Field Division is investigating with the assistance of DEA Brasilia.        

Deputy Chief Anthony Nardozzi and Trial Attorneys Kate Naseef and Kaitlin Sahni of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of Enforcement Operations and Office of International Affairs have also provided significant assistance.  

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

The Department of Justice announced today that it will require S&P Global Inc. (S&P) to divest three of IHS Markit Ltd.’s (IHSM) price reporting agency (PRA) businesses to resolve antitrust concerns arising from their proposed $44 billion merger. PRAs provide critical price discovery for numerous commodity markets, including markets where trades are done off-exchange in private transactions that are not subject to reporting obligations.  The divestitures of Oil Price Information Services (OPIS), Coals, Metals, and Mining (CMM), and PetrochemWire (PCW) will maintain competition in PRA services and protect customer access to essential pricing information. In addition, the department will require OPIS to end a 20-year non-compete with GasBuddy, a popular crowd-sourced retail gas price information app that has long provided OPIS with pricing data for resale to commercial customers. This non-compete has effectively prevented GasBuddy — a company well positioned to enter the retail gas price data market — from launching a data service that would compete with OPIS.

The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed merger and to prevent OPIS from enforcing its non-compete with GasBuddy. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harms alleged in the complaint.

“Without these significant divestitures, the proposed merger would have led to higher prices and lower quality for PRA customers throughout the United States,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The divestitures will preserve competition for PRA services, which are vital to the proper functioning of commodity markets and promote transparency in the financial markets. The remedy also demonstrates the department’s commitment to curtail the anticompetitive use of non-compete agreements.”

According to the complaint, as originally proposed, the merger would eliminate significant head-to-head competition between S&P’s Platts division and IHSM’s OPIS, CMM, and PCW businesses in providing PRA services for refined petroleum products, coal and petrochemicals. In these markets, PRA price assessments are often used as a price term in supply agreements and as the basis for settling hedging instruments like futures contracts. In the United States, S&P and IHSM are two of the three largest competitors in PRA services for refined petroleum products and coal; similarly, S&P and IHSM are two of the four largest competitors in PRA services for petrochemicals.

The complaint also alleges that the 20-year non-compete contained in OPIS’s exclusive data license with GasBuddy has effectively prevented GasBuddy from launching a data service that would compete with OPIS. The waiver of this horizontal restraint will remove a barrier that has prevented healthy competition in the sale of retail gas price data.

Under the terms of the proposed settlement, S&P and IHSM must divest OPIS, CMM, and PCW to Dow Jones. Dow Jones is a provider of business and financial news and related data products and services. The proposed settlement also requires S&P and IHSM to waive the exclusivity and non-compete provisions contained in the data license agreement between OPIS and GasBuddy.

The department expresses thanks to its enforcement partners in the European Commission, the United Kingdom’s Competition and Markets Authority, and Canada’s Competition Bureau for their close and constructive collaboration on this matter, which enabled a thorough investigation and resulted in remedies that will preserve competition throughout North America and Europe.

S&P and IHSM are both financial and commodity information conglomerates, providing data, indices, pricing assessments, news and analytics to participants in various financial and commodity markets around the world. S&P is a New York corporation, headquartered in New York City, with reported global 2020 revenues of $7.4 billion. IHSM is a Bermuda corporation, headquartered in London, with reported global 2020 revenues of $4.3 billion.

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Owen M. Kendler, Chief, Financial Services, Fintech, and Banking Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.

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

Two California men and one Texas man have been indicted by a federal grand jury in Austin, Texas, for their alleged involvement a scheme to operate two fraudulent political action committees (PACs) during the 2016 federal election cycle. The indictment was unsealed yesterday after being returned on Nov. 2.

As alleged in the indictment, Matthew Nelson Tunstall, 34, of Los Angeles, California; Robert Reyes, Jr., 38, of Hollister, California; and Kyle George Davies, 29, of Austin, Texas, solicited contributions to Liberty Action Group PAC and Progressive Priorities PAC under the guise that the PACs were affiliated with or meaningfully supporting specified candidates for public office. Between January 2016 and April 2017, the defendants obtained approximately $3.5 million from unwitting donors based on false and misleading representations and used those funds to enrich themselves and to pay for additional fraudulent advertisements soliciting donations. Tunstall and Reyes are also alleged to have laundered more than $350,000 in illegal proceeds from the scheme through a third-party vendor to conceal the use of those funds for their own benefit. 

Tunstall and Reyes are both charged with conspiracy to commit wire fraud and to make a false statement to the Federal Election Commission (FEC), multiple counts of wire fraud, and multiple counts of money laundering. Davies is charged with conspiracy commit wire and to make a false statement to the FEC, and multiple counts of wire fraud. Tunstall made his initial appearance yesterday in the U.S. District Court for the Central District of California; Reyes and Davies will make their initial appearances today in the U.S. District Courts for the Northern District of California and the Western District of Texas, respectively. If convicted of all counts, Tunstall and Reyes both face a maximum total penalty of 125 years in prison. If convicted of all counts, Davies faces a maximum total penalty of 65 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 and Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office made the announcement.

The investigation was conducted by the FBI’s San Antonio Division, Austin Resident Agency. Trial Attorneys Rebecca M. Schuman and Michael N. Lang of the Criminal Division’s Public Integrity Section are prosecuting the case.

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

A federal jury in Utica, New York, convicted a New York couple and their son today for conspiring to defraud the United States and for tax evasion.

According to evidence presented at trial and court documents, John Zourdos, his wife Helen Zourdos, and their son Dimitrios Zourdos, all of Rome, New York, operated three Dippin Donuts stores with locations in Rome and New Hartford. From 2013 to 2017, the defendants concealed more than $2.8 million in cash sales from the IRS, and evaded more than $650,000 in individual taxes, by depositing cash directly into their personal bank accounts instead of business bank accounts, providing incomplete information to their accountant and causing their accountant to file false individual and corporate tax returns with the IRS. The defendants also used unreported cash sales to fund a lavish lifestyle that included, among other things, the purchase of multiple luxury vehicles. Evidence at trial further showed that the defendants paid some employees “off the books” cash wages for overtime hours. They paid other employees entirely “off the books” in cash for all hours worked.

John, Helen and Dimitrios Zourdos were each convicted of one count conspiracy to defraud the United States, seven counts of tax evasion, and seven counts of aiding and assisting in the filing of false corporate tax returns. Sentencing hearings for all three defendants will be scheduled at a later date. All face a maximum penalty of five years in prison on each count of conspiracy and tax evasion, and three years in prison on each count of assisting the filing of false tax returns. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Carla B. Freedman of the Northern District of New York made the announcement.

IRS-Criminal Investigation investigated the case.

Assistant Chief John N. Kane of the Tax Division and Assistant U.S. Attorney Michael F. Perry for the Northern District of New York are prosecuting the case.

The Justice Department today filed a lawsuit against Uber Technologies Inc. (Uber) for charging “wait time” fees to passengers who, because of disability, need more time to enter a car. Uber’s policies and practices of charging wait time fees based on disability have harmed many passengers and potential passengers with disabilities throughout the country. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that Uber violated Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination by private transportation companies like Uber.

In April 2016, Uber began charging passengers wait time fees in a number of cities, eventually expanding the policy nationwide. Wait time fees start two minutes after the Uber car arrives at the pickup location and are charged until the car begins its trip.

The department’s complaint alleges that Uber violates the ADA by failing to reasonably modify its wait time fee policy for passengers who, because of disability, need more than two minutes to get in an Uber car. Passengers with disabilities may need additional time to enter a car for various reasons. A passenger may, for example, use a wheelchair or walker that needs to be broken down and stored in the car. Or a passenger who is blind may need additional time to safely walk from the pickup location to the car itself. The department’s lawsuit alleges that, even when Uber is aware that a passenger’s need for additional time is clearly disability-based, Uber starts charging a wait time fee at the two-minute mark.   

The lawsuit seeks relief from the court, including ordering Uber to stop discriminating against individuals with disabilities. Additionally, the department asks the court to order Uber to modify its wait time fee policy to comply with the ADA; train its staff and drivers on the ADA; pay money damages to people subjected to the illegal wait time fees; and pay a civil penalty to vindicate the public’s interest in eliminating disability discrimination.

“People with disabilities deserve equal access to all areas of community life, including the private transportation services provided by companies like Uber,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This lawsuit seeks to bring Uber into compliance with the mandate of the Americans with Disabilities Act while sending a powerful message that Uber cannot penalize passengers with disabilities simply because they need more time to get into a car. Uber and other companies that provide transportation services must ensure equal access for all people, including those with disabilities.”

“Uber’s wait time fees take a significant toll on people with disabilities,” said Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Passengers with disabilities who need additional boarding time are entitled to access ridesharing services without discrimination. This lawsuit seeks to assist people with disabilities to live their lives with independence and dignity, as the ADA guarantees.”  

If you believe you have been a victim of disability discrimination by Uber because you, or someone you were traveling with, were charged wait time fees, please contact 833-591-0425 (toll-free), 202-305-6786, or send an email to Uber.Fee@usdoj.gov. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. The complaint can be viewed here.

The Department of Justice announced today that it will require B.S.A. S.A. (Lactalis) and The Kraft Heinz Company (Kraft Heinz) to divest Kraft Heinz’s Athenos and Polly-O businesses in order to proceed with Lactalis’s proposed acquisition of Kraft Heinz’s natural cheese business in the United States.

The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.

“The Antitrust Division is committed to enforcing the antitrust laws in markets that impact Americans’ day-to-day lives,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “This transaction, as originally proposed, would have led to higher-priced and lower-quality feta and ricotta, two popular cheeses that American consumers regularly purchase to feed their families. Today’s settlement will maintain the competition in the sale of feta and ricotta cheeses that would have been lost if the transaction were permitted to go forward without the required divestitures.”

Lactalis’s U.S. subsidiary, Lactalis American Group Inc., and Kraft Heinz are the two largest suppliers of feta cheese — sold under their respective Président and Athenos brands — to grocery stores and other retailers in the United States. They are also the two largest suppliers of ricotta cheese — sold under their respective Galbani and Polly-O brands — to grocery stores and other retailers in the New York City metropolitan area and four metropolitan areas in Florida: Miami/Ft. Lauderdale, Tampa/St. Petersburg, Orlando and Jacksonville.

Under the terms of the proposed settlement, the parties must divest Kraft Heinz’s Athenos business — including the worldwide rights to the Athenos brand, under which Kraft Heinz sells feta and other products — to Emmi Roth USA Inc. (Emmi Roth) or an alternative acquirer approved by the United States. Emmi Roth is an established cheese supplier based in Fitchburg, Wisconsin. With the divestiture of Kraft Heinz’s Athenos business, Emmi Roth, or an alternative qualified acquirer, will be able to expand its feta cheese sales to grocery stores and other retailers across the United States.

The proposed settlement also requires the parties to divest Kraft Heinz’s Polly-O business — including the worldwide rights to the Polly-O brand, under which Kraft Heinz sells ricotta and other cheeses — to BelGioioso Cheese Inc. (BelGioioso) or an alternative acquirer approved by the United States. BelGioioso is an established cheese supplier based in Green Bay, Wisconsin. With the divestiture of Kraft Heinz’s Polly-O business, BelGioioso, or an alternative qualified acquirer, will be able to expand its ricotta cheese sales to grocery stores and other retailers in New York and Florida.

The divestitures are structured to include the entirety of the Athenos and Polly-O businesses, so as to avoid customer confusion that could have resulted had the brands been used by both Lactalis and the divestiture buyers. The divestitures, including the worldwide rights to the entire Athenos and Polly-O portfolios, also place the divestiture buyers in the position to market and promote all the cheeses sold under these brands, as Kraft Heinz does today.

Lactalis is headquartered in Laval, France. Its subsidiary, Lactalis American Group Inc., generated natural cheese sales — primarily under the Galbani and Président brands — of more than $429 million at retail outlets in the United States in 2020.

Kraft Heinz is a Delaware corporation co-headquartered in Pittsburgh, Pennsylvania, and Chicago, Illinois. Retail sales of Kraft Heinz’s natural cheeses in the United States exceeded $2.2 billion in 2020. Kraft Heinz sells natural cheese in the United States primarily under the Kraft, Cracker Barrel, Athenos and Polly-O brand names.

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Eric D. Welsh, Chief, Healthcare and Consumer Products Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 4100, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.

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

A former civilian employee of the U.S. Army’s Directorate of Public Works was sentenced today to two years in prison for a kickback scheme to steer government contracts for work at Camp Arifjan, a U.S. Army base in Kuwait.

Ephraim Garcia, 64, pleaded guilty to conspiracy to offer a kickback and to offering a kickback in the District of Columbia on July 21. According to court documents, Garcia admitted that he conspired with Gandhiraj Sankaralingam, aka Gandhi Raj, the former general manager and co-owner of Kuwait-based contracting company Gulf Link Venture Co. W.L.L. (Gulf Link), to steer government contracts to Gulf Link. In his position with the U.S. Army, Garcia was involved in the solicitation, award, and management of certain government contracts related to facilities support at Camp Arifjan.

In 2015, at an Olive Garden restaurant located in Mahboula, Kuwait, Garcia and Sankaralingam approached an employee of the prime contractor responsible for base support services. During that meeting, they offered to pay the prime-contractor employee in exchange for his assistance in steering subcontracts worth over $3 million to Gulf Link. Rather than agree to the scheme, the prime-contractor employee reported the kickback offer to authorities. On Aug. 19, 2020, Sankaralingam was charged in a superseding indictment with conspiracy to offer a kickback and with paying illegal gratuities to Garcia. Sankaralingam remains a fugitive.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Director Marion F. Robey of the U.S. Army Criminal Investigation Command Major Procurement Fraud Unit; and Assistant Inspector General for Investigations Paul Sternal of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) made the announcement.

The U.S. Army Criminal Investigation Command and DCIS are investigating the case.

Acting Assistant Chief Christopher Jackson and Trial Attorney Matthew Sullivan of the Criminal Division’s Fraud Section are prosecuting the case.

The charges in the indictment against Sankaralingam are merely allegations, and he is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

U.S. Attorney General Merrick B. Garland today issued a memorandum reaffirming the Justice Department’s commitment to guarding the rights of and improving access to justice for veterans, servicemembers and military families. The memorandum directs the Civil Rights Division’s Servicemember and Veterans Initiative to develop a plan to guide its expanded duties and outreach efforts.

The Attorney General also directed the Office for Access to Justice to provide recommendations for actions that may be taken to better meet the legal needs of veterans and servicemembers, including through medical-legal partnerships, veterans treatment courts and reentry programs and services.

“The Justice Department honors our nation’s veterans and servicemembers not just with words but also with action,” said Attorney General Garland. “To that end, I have directed the Civil Rights Division and the Office for Access to Justice to mobilize resources in order to protect the rights of those who serve and lead efforts across government to ensure access to justice for veterans, servicemembers and military families.”

“Many veterans face unique legal challenges that stem from their service to our country,” said Associate Attorney General Vanita Gupta. “The Justice Department’s Office for Access to Justice is uniquely positioned to deploy the tools of the department and to engage our partners across government through the Legal Aid Interagency Roundtable to identify opportunities that will expand access to justice for veterans, servicemembers and their families.”

“Through vigorous enforcement of our federal civil rights laws, we are working to ensure that our servicemembers and veterans, and their families, are able to enjoy the freedoms and rights for which they so valiantly fought,” said Assistant Attorney General for Civil Rights Kristen Clarke. “This Veterans Day, we affirm our long-standing commitment to protecting servicemembers’ civilian employment rights, financial and housing rights, voting rights and more.”

On Nov. 16, the Civil Rights Division will host a virtual event to recognize the commitment and contributions of diverse servicemembers and veterans. The program will feature remarks by the Assistant Attorney General Clarke and a presentation by Ret. Col. Will Gunn, Vice President for Legal Affairs and General Counsel for the Legal Services Corporation. The event is free and open to the public, and pre-registration is required.  For more information and to register for this event, please visit: Unsung Heroes: A Civil Rights Division Celebration of Diverse Veterans.

미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다. 오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다.

민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다. 해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다.

크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다. "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다. 우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다."

법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다. 법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다. 표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다. 표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다.

민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다. 관련 정보가 있는 개인은 이메일을 통해 연방 조정 및 규정 준수 부서에 AL.Lowndes.EJ@usdoj.gov 또는 833-739-2103으로 연락할 것을 권장합니다.

국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다. 민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt 에서 확인할 수 있습니다

미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다.  오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다. 

민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다.  해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다. 

크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다.  "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다.  우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다." 

법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다.  법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다.  표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다.  표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다. 

민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다.  관련 정보가 있는 개인은 이메일을 통해 연방 조정 및규정 준수 부서에 AL.Lowndes.EJ@usdoj.gov 또는 833-739-2103으로 연락할 것을 권장합니다. 

국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다.  민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt에서 확인할 수 있습니다.

미국 법무부는 오늘 앨라배마주 공중보건부와 론데스 카운티 보건부의 폐수 처리, 전염병 및 발병 프로그램에 대한 환경 정의 조사를 시작했다고 발표했습니다.  오늘의 조사는 표제 VI에 따른 법무부의 최초의 환경 정의 조사입니다.      

민권부가 실시할 조사는 앨라배마 공중보건부와 론데스 카운티 보건부가 현장 폐수 처리 프로그램과 전염병 및 발병 프로그램이 1964년 민권법 표제 VI를 위반하는 론데스 카운티의 흑인 주민을 차별하는 방식으로 운영되었는지 여부를 조사할 것입니다.  해당 조사는 또한 보건 부서의 정책 및 관행으로 인해 론데스 카운티의 흑인 주민의 적절한 위생 시스템에 대한 접근성이 감소되고 구충 감염과 같은 부적절한 폐수 처리와 관련하여 건강에 악영향을 미칠 위험이 과도하게 및 부당하게 부담되게 되었는지 여부를 조사할 것입니다. 

크리스틴 클라크 법무부 민권 담당 차관보는 "위생은 인간의 기본적인 욕구이며, 미국의 어느 누구도 안전하고 효과적인 하수 관리에 대한 부적절한 접근성으로 인해 질병 및 기타 심각한 피해에 노출되어서는 안 된다"고 말했습니다.  "주 및 지역 보건 공무원은 연방 민권법에 따라 모든 거주자의 건강과 안전을 보호할 의무가 있습니다.  우리는 이러한 환경 정의 문제와 앨라배마주 론데스 카운티 전역의 사람들의 건강, 생명 및 안전에 미치는 영향에 대해 공정하고 철저한 조사를 수행할 것입니다."    

법무부는 이 문제의 혐의에 대한 결론에 도달하지 못했습니다.  법무부는 1964년 민권법 표제 VI에 따라 이 조사를 수행할 것입니다.  표제 VI는 연방 재정 지원을 받는 사람을 인종, 피부색 또는 출신 국가를 근거로 차별하는 것을 금지합니다.  표제 VI에 따라 법무부는 보건부 자금 수혜자가 불법적인 차별 행위에 참여했는지 여부를 조사할 권한이 있습니다.   

민권국의 연방 조정 및 규정 준수 부서는 앨라배마 중부에 위치한 미국 검찰청의 지원을 받아 이 조사를 수행하고 있습니다.  관련 정보가 있는 개인은 이메일을 통해 연방 조정 및 규정 준수 부서에 AL.Lowndes.EJ@usdoj.gov로 연락할 것을 권장합니다. 

국가의 민권법 시행을 통해 차별적인 환경 및 건강 영향을 해결하는 것은 민권과의 최우선 과제입니다.  민권과에 대한 추가 정보는 웹사이트, www.justice.gov/crt에서 확인할 수 있습니다.   

美國司法部今天宣布，它已對阿拉巴馬州公共衛生部和朗德茲郡 (Lowndes County) 衛生 局的廢水處理計劃和傳染病與病情爆發計劃展開環境司法調查。這項調查是司法部有史以 來根據《民權法案》第六章進行的首次環境司法調查。

調查由民權司進行，將會審查阿拉巴馬州公共衛生部和朗德茲郡衛生局實施其廢水就地處 理計劃及傳染病與病情爆發計劃的方式，是否構成對朗德茲郡黑人居民的歧視，因而違反 1964 年《民權法案》第六章（以下簡稱“第六章”）。調查還將審查兩個衛生部門的政 策和做法是否減少了朗德茲郡黑人居民獲得適當衛生系統服務的機會，並且使他們不成比 例和不合理地承擔由於廢水處理不當而受到有害健康影響的風險，例如遭到鉤蟲感染。

“衛生是人類的基本需求之一，在美國，任何人都不應因為欠缺安全有效的污水管理而面 臨患病和其他嚴重傷害的風險，”司法部民權司助理檢察長克里斯汀•克拉克 (Kristen Clarke) 說。“根據聯邦民權法律，州和地方衛生官員都有義務保護所有居民的健康和安 全。我們將對這些引起關切的環境公平問題及其對阿拉巴馬州整個朗德茲郡人民的健康、 生活和安全的影響進行公平、徹底的調查。”

司法部尚未就在這件事上的各種指控達成任何結論。司法部將根據 1964 年《民權法案》 第六章進行這項調查。第六章禁止聯邦財政援助的接受者實行基於種族、膚色或原國籍的 歧視。第六章授權司法部調查司法部資助金的接受者是否有非法歧視行為。

民權司的聯邦協調與合規科正在設在阿拉巴馬州中區的美國檢察官辦公室的支持下進行這 項調查。司法部鼓勵擁有相關資訊的個人發電子郵件給 AL.Lowndes.EJ@usdoj.gov 或者致 電 833-739-2103 與聯邦協調與合規科聯繫。

通過執行國家民權法律消除歧視性的環境與健康影響，是民權司的一項首要任務。有關民 權司的更多資訊，請造訪其網站，網址是 www.justice.gov/crt。

美国司法部今天宣布，它已对亚拉巴马州公共卫生部和朗德兹郡 (Lowndes County) 卫生 局的废水处理计划和传染病与病情爆发计划展开环境司法调查。这项调查是司法部有史以 来根据《民权法案》第六章进行的首次环境司法调查。

调查由民权司进行，将会审查亚拉巴马州公共卫生部和朗德兹郡卫生局实施其废水就地处 理计划及传染病与病情爆发计划的方式，是否构成对朗德兹郡黑人居民的歧视，因而违反 1964 年《民权法案》第六章（以下简称“第六章”）。调查还将审查两个卫生部门的政 策和做法是否减少了朗德兹郡黑人居民获得适当卫生系统服务的机会，并且使他们不成比 例和不合理地承担由于废水处理不当而受到有害健康影响的风险，例如遭到钩虫感染。

“卫生是人类的基本需求之一，在美国，任何人都不应因为欠缺安全有效的污水管理而面 临患病和其他严重伤害的风险，”司法部民权司助理检察长克里斯汀•克拉克 (Kristen Clarke) 说。“根据联邦民权法律，州和地方卫生官员都有义务保护所有居民的健康和安 全。我们将对这些引起关切的环境公平问题及其对亚拉巴马州整个朗德兹郡人民的健康、 生活和安全的影响进行公平、彻底的调查。”

司法部尚未就在这件事上的各种指控达成任何结论。司法部将根据 1964 年《民权法案》 第六章进行这项调查。第六章禁止联邦财政援助的接受者实行基于种族、肤色或原国籍的 歧视。第六章授权司法部调查司法部资助金的接受者是否有非法歧视行为。

民权司的联邦协调与合规科正在设在亚拉巴马州中区的美国检察官办公室的支持下进行这 项调查。司法部鼓励拥有相关信息的个人发电子邮件给 AL.Lowndes.EJ@usdoj.gov 或者致 电 833-739-2103 与联邦协调与合规科联系。

通过执行国家民权法律消除歧视性的环境与健康影响，是民权司的一项首要任务。有关民 权司的更多信息，请访问其网站，网址是 www.justice.gov/crt。

A Florida owner of multiple diagnostic testing laboratories was sentenced today in the Southern District of Florida to 82 months in prison for a scheme to defraud the United States and to pay and receive kickbacks through exploiting regulatory waivers put in place to ensure access to health care during the COVID-19 pandemic.

According to court documents, Leonel Palatnik, 42, of Aventura, as a co-owner of Panda Conservation Group LLC (Panda), conspired with other co-owners of the company and with Michael Stein, the owner of 1523 Holdings LLC, to pay illegal kickbacks to Stein in exchange for his work arranging for telemedicine providers to authorize genetic testing orders for Panda’s laboratories. 1523 Holdings and Panda then exploited temporary amendments to telehealth restrictions enacted during the pandemic, which were intended to expand access to care for Medicare recipients by making it easier for beneficiaries to receive needed medical care from home. Palatnik and his co-conspirators took advantage of these waivers by using telehealth providers to authorize thousands of medically unnecessary cancer and cardiovascular genetic testing orders. In exchange, Panda gave these providers access to beneficiary information and the opportunity to bill for purported telehealth consultations with Medicare recipients, which often did not take place. On Aug. 31, Palatnik pleaded guilty to one count of conspiracy to defraud the United States and offer kickbacks and one count of paying a kickback.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG) made the announcement.

The FBI’s Miami and Dallas Field Offices and HHS-OIG are investigating the case, with assistance from the FBI’s Healthcare Rapid Response Team.

Trial Attorney Ligia Markman of the National Rapid Response Strike Force is prosecuting the case.

The case against Palatnik was brought as part of the COVID-19 Health Care Fraud coordinated law enforcement action on May 26 against 14 defendants in seven judicial districts. Palatnik was charged along with Stein, who is currently awaiting trial. The law enforcement action was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

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.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s  response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

Today the Justice Department filed an agreement with the Federal Court in New Jersey to resolve its lawsuit against the Port Authority Trans-Hudson Corporation (PATH) under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). 

PATH operates a rail transit service between Manhattan and New Jersey. The department’s suit alleges that PATH subjected its workers to unnecessary medical exams and sought unnecessary information from those employees about their disabilities and other health conditions. As part of the settlement agreement, PATH will pay a total of $100,000 to certain employees who were harmed by PATH’s exams and inquiries.

“No employee should be subject to unnecessary medical exams and health inquiries by their employer,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement reflects the Justice Department’s firm commitment to protecting workers from unlawful and probing inquiries into their health and disability status.”

“Workers deserve to be free from unlawful inquiries that could reveal a disability or family medical information,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “This office remains committed to protecting the civil rights of employees by ensuring that employers comply with the requirements of federal law. We thank PATH for its cooperation with our investigation and its commitment to make changes necessary to protect the civil rights of its workers.”

The settlement agreement resolves a lawsuit that the department filed today in federal court in New Jersey. Under the terms of the agreement, which must be approved by the court, PATH has agreed to stop unnecessary medical exams, as well as unnecessary questions about employees’ disabilities, health conditions and family medical history. In addition to the compensation to two employees, the settlement also requires PATH to train its staff on the ADA and GINA and to periodically submit reports about its compliance with the agreement.

The ADA bars employers from requiring medical exams or inquiries of on-the-job employees unless the information sought is vital to job performance or safety.  GINA bars employers from asking employees to disclose genetic information, including questions about family medical history.

This case was handled by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey after the matter was referred from the Equal Employment Opportunity Commission’s Newark Office. The department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.

For more information on the Civil Rights Division, please visit 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. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. 

View the complaint here. View the consent decree here.

The Department of Justice announced today that it has opened an environmental justice investigation into the wastewater disposal and infectious disease and outbreaks programs of the Alabama Department of Public Health and the Lowndes County, Alabama, Health Department.

The investigation, which will be conducted by the Civil Rights Division, will examine whether the Alabama Department of Public Health and the Lowndes County Health Department operate their onsite wastewater disposal program and infectious diseases and outbreaks program in a manner that discriminates against Black residents of Lowndes County in violation of Title VI of the Civil Rights Act of 1964 (Title VI). The investigation will also examine whether the health departments’ policies and practices have caused Black residents of Lowndes County to have diminished access to adequate sanitation systems and to disproportionately and unjustifiably bear the risk of adverse health effects associated with inadequate wastewater treatment, such as hookworm infections. 

“Sanitation is a basic human need, and no one in the United States should be exposed to risk of illness and other serious harm because of inadequate access to safe and effective sewage management,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “State and local health officials are obligated, under federal civil rights laws, to protect the health and safety of all their residents. We will conduct a fair and thorough investigation of these environmental justice concerns and their impact on the health, life, and safety of people across Lowndes County, Alabama.”  

The department has not reached any conclusions regarding the allegations in this matter. This investigation marks the Department of Justice’s first Title VI environmental justice investigation for one of the department’s funding recipients. Title VI prohibits recipients of federal financial assistance from discriminating on the basis of race, color or national origin. Up until now, the Civil Rights Division has regularly provided counsel and support to other federal agencies whose Title VI compliance efforts have involved environmental programs. The department’s grants do not often go to programs that conduct environmental work, limiting its direct jurisdiction to conduct these types of administrative investigations. 

The Civil Rights Division’s Federal Coordination and Compliance Section is conducting this investigation with the support of the U.S. Attorney’s Office for the Middle District of Alabama. Individuals with relevant information are encouraged to contact the Federal Coordination and Compliance Section by email at AL.Lowndes.EJ@usdoj.gov or by phone at 833-739-2103.

Addressing discriminatory environmental and health impacts through enforcement of the nation’s civil rights laws is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. View the Spanish translation of this press release here.

Das US-Justizministerium gab heute bekannt, dass es eine Untersuchung der Abwasserentsorgung sowie der Programme gegen Infektionskrankheiten und Krankheitsausbrüche des Gesundheitsministeriums des Bundesstaats Alabama und der Gesundheitsbehörde des Bezirkes Lowndes eingeleitet hat.  Bei der heute angekündigten Untersuchung handelt es sich um die allererste Untersuchung des Justizministeriums zum Thema Umweltgerechtigkeit im Rahmen von Titel VI des US-amerikanischen Bürgerrechtsgesetzes von 1964.

Im Rahmen der Untersuchung, die von der Abteilung für Bürgerrechte durchgeführt wird, soll geprüft werden, ob das Gesundheitsministerium von Alabama und die Gesundheitsbehörde des Lowndes County ihre Programme zur Abwasserentsorgung vor Ort und zur Bekämpfung von Infektionskrankheiten und Krankheitsausbrüchen in einer Weise betreiben, die schwarze Einwohner des Bezirkes Lowndes diskriminiert und damit gegen Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI) verstoßen.  Im Rahmen dieser Untersuchung soll auch geprüft werden, ob die Richtlinien und Praktiken der Gesundheitsämter dazu geführt haben, dass die schwarzen Einwohner des Bezirkes Lowndes einen schlechteren Zugang zu angemessenen Abwassersystemen haben und in unverhältnismäßiger und ungerechtfertigter Weise das Risiko negativer gesundheitlicher Auswirkungen im Zusammenhang mit einer unzureichenden Abwasserbehandlung, wie z. B. Infektionen mit Hakenwürmern, tragen. 

„Abwassereinrichtungen gehören zu den menschlichen Grundbedürfnissen und niemand in den Vereinigten Staaten sollte dem Risiko von Krankheiten oder anderen ernstlichen Gefahren ausgesetzt sein, weil er oder sie unzureichenden Zugang zu einer sicheren und effektiven Abwasserentsorgung hat“, erklärte die stellvertretende Generalstaatsanwältin der Abteilung für Bürgerrechte des US-Justizministeriums, Kristen Clarke.  „Die Gesundheitsbeamten der Bundesstaaten und der lokalen Behörden sind nach den Bundesgesetzen über Bürgerrechte verpflichtet, die Gesundheit und Sicherheit aller ihrer Einwohner zu schützen.  Wir werden eine faire und gründliche Untersuchung dieser umweltrechtlichen Bedenken und ihrer Auswirkungen auf die Gesundheit, das Leben und die Sicherheit der Menschen im Bezirk Lowndes im Bundesstaat Alabama durchführen.“

Das Ministerium hat noch keine Schlussfolgerungen zu den Vorwürfen in dieser Angelegenheit gezogen.  Das Ministerium wird diese Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 durchführen.  Titel VI verbietet Empfängern von Finanzhilfen des Bundes die Diskriminierung aufgrund von Ethnie (race), Hautfarbe oder nationaler Herkunft.  Im Rahmen von Titel VI ist das Ministerium befugt, zu untersuchen, ob Empfänger von Finanzhilfen des Ministeriums ungesetzlich diskriminierend gehandelt haben. 

Die Fachabteilung für bundesweite Koordinierung und Einhaltung von Vorschriften der Abteilung für Bürgerrechte führt diese Untersuchung mit Unterstützung der Staatsanwaltschaft der Vereinigten Staaten im Middle District von Alabama durch.  Personen, die über sachdienliche Informationen verfügen, werden gebeten, sich per E-Mail an die Fachabteilung für bundesweite Koordinierung und Einhaltung von Vorschriften zu wenden: AL.Lowndes.EJ@usdoj.gov oder telefonisch unter 833-739-2103.

Die Bekämpfung diskriminierender Auswirkungen auf die Umwelt und Gesundheit durch die Durchsetzung der Bürgerrechtsgesetze der Vereinigten Staaten ist eine der obersten Prioritäten der Abteilung für Bürgerrechte.  Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf ihrer Website unter www.justice.gov/crt.

WASHINGTON ­– El Departamento de Justicia de los EE. UU. anunció hoy que ha iniciado una investigación de justicia medioambiental de los programas de enfermedades contagiosas y brotes y de eliminación de aguas residuales del Departamento de Salud Pública de Alabama y el Departamento de Salud del Condado de Lowndes.

La investigación, que será dirigida por la División de Derechos Civiles, examinará si el Departamento de Salud Pública de Alabama y el Departamento de Salud del Condado de Lowndes operan su programa in situ de eliminación de aguas residuales y su programa de enfermedades contagiosas y brotes de una forma que discrimina a residentes negros del Condado de Lowndes, en contra del Título VI de la ley de Derechos Civiles de 1964 (Título VI). Por otra parte, la investigación examinará si las políticas y prácticas de los departamentos de salud han tenido el efecto de reducir el acceso de residentes negros del Condado de Lowndes a sistemas de saneamiento adecuados y asignarles, de una forma desproporcionada y no justificada, un mayor riesgo de efectos adversos en su salud asociados con el tratamiento inadecuado de aguas residuales, tales como infecciones por anquilostomas.

«El saneamiento es una necesidad humana básica y nadie en Estados Unidos debe verse expuesto al riesgo de enfermedad y otros daños graves debido a un acceso inadecuado a la gestión segura y eficaz de aguas residuales», declaró Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Los funcionarios de salud estatales y locales están obligados, en virtud de las leyes federales de derechos civiles, a proteger la salud y seguridad de todos sus residentes. Nosotros llevaremos a cabo una investigación justa y completa de estas preocupaciones de justicia medioambiental y su impacto en la salid, vida y seguridad de personas por todo el Condado de Lowndes, Alabama».

El Departamento no ha llegado a ninguna conclusión con respecto a las acusaciones en este caso. Esta investigación representa la primera investigación de justicia medioambiental del Departamento de Justicia al amparo del Título VI para uno de los beneficiarios de los fondos del Departamento. El Título VI prohíbe la discriminación por motivos de raza, color de piel y nacionalidad de origen por parte de beneficiarios de fondos federales. Hasta el momento, la División de Derechos Civiles ha ofrecido consejos y apoyo de forma rutinaria a otras agencias federales cuyos esfuerzos de aplicación del Título VI han implicado programas medioambientales. Las subvenciones del Departamento no suelen ser asignadas a programas que realizan trabajo medioambiental, lo que limita su competencia directa en lo que se refiere a la realización de estos tipos de investigaciones administrativas.

La Sección Federal de Coordinación y Cumplimiento de la División de Derechos Civiles está dirigiendo esta investigación, con el apoyo de la Fiscalía Federal para el Distrito Central de Alabama. Se le ruega a cualquier persona con información relevante que se comunique con la Sección Federal de Coordinación y Cumplimiento por correo electrónico a AL.Lowndes.EJ@usdoj.gov o por teléfono al 833-739-2103.

Una de las prioridades principales de la División de Derechos Civiles es abordar los impactos discriminatorios en los ámbitos del medioambiente y la salud mediante la aplicación de las leyes nacionales de derechos civiles. Para más información sobre la División de Derechos Civiles, visite su sitio web en www.justice.gov/crt-espanol.

Bộ Tư Pháp Hoa Kỳ hôm nay ra thông báo mở cuộc điều tra công lý môi trường đối với chương trình xử lý nước thải, chương trình về bệnh truyền nhiễm và bùng phát của Sở Y Tế Công Cộng Alabama và Sở Y Tế Hạt Lowndes.  Cuộc điều tra hôm nay đánh dấu cuộc điều tra công lý môi trường đầu tiên của Bộ Tư Pháp theo Khoản VI.      

Bộ Phận Dân Quyền sẽ tiến hành cuộc điều tra để kiểm tra xem Bộ Y Tế Công Cộng Alabama và Sở Y Tế Hạt Lowndes có vận hành chương trình xử lý nước thải tại chỗ cũng như chương trình về bệnh truyền nhiễm và bùng phát theo cách phân biệt đối xử với cư dân người Da Đen của Hạt Lowndes và vi phạm Khoản VI của Đạo Luật Quyền Công Dân năm 1964 (sau đây gọi tắt là Khoản VI) hay không.  Cuộc điều tra này cũng sẽ xem xét liệu chính sách và cách làm của sở y tế có khiến người dân Da Đen ở Hạt Lowndes giảm khả năng tiếp cận với hệ thống vệ sinh đầy đủ và gánh chịu một cách không tương xứng và bất công nguy cơ bị ảnh hưởng xấu tới sức khỏe liên quan đến việc xử lý nước thải không đầy đủ, chẳng hạn như nhiễm bệnh giun móc, hay không.   

“Vệ sinh là nhu cầu cơ bản của con người và không ai ở Hoa Kỳ đáng phải chịu rủi ro bệnh tật và các tổn hại nghiêm trọng khác vì không được tiếp cận đầy đủ với việc quản lý nước thải an toàn và hiệu quả", Kristen Clarke — Trợ Lý Bộ Trưởng Tư Pháp thuộc Bộ Phận Dân Quyền của Bộ Tư pháp cho biết.  “Theo luật dân quyền liên bang, các quan chức y tế của tiểu bang và địa phương có nghĩa vụ bảo vệ sức khỏe và sự an toàn của tất cả cư dân của mình.  Chúng tôi sẽ tiến hành một cuộc điều tra công bằng và kỹ lưỡng về những mối lo ngại về công lý môi trường này và tác động của chúng đối với sức khỏe, cuộc sống và sự an toàn của người dân trên khắp Hạt Lowndes, Alabama.”    

Bộ chưa đưa ra kết luận nào liên quan đến các cáo buộc trong vấn đề này.  Bộ sẽ tiến hành cuộc điều tra này theo Khoản VI của Đạo Luật Quyền Công Dân năm 1964.  Khoản VI cấm những người nhận hỗ trợ tài chính liên bang phân biệt đối xử dựa trên chủng tộc, màu da hoặc nguồn gốc quốc gia.  Theo Khoản VI, bộ được ủy quyền điều tra xem những người nhận tài trợ của bộ có thực hiện hành vi phân biệt đối xử bất hợp pháp hay không. 

Bộ Phận Tuân Thủ và Điều Phối Liên Bang của Bộ Phận Dân Quyền đang tiến hành cuộc điều tra này với sự hỗ trợ của văn phòng Luật Sư Hoa Kỳ tại Hạt Tọa Lạc Ở Giữa Alabama.  Các cá nhân có thông tin liên quan được khuyến khích liên hệ với Bộ Phận Tuân Thủ và Điều Phối Liên Bang qua email theo địa chỉ AL.Lowndes.EJ@usdoj.gov. 

Giải quyết các tác động phân biệt đối xử về môi trường và sức khỏe thông qua việc thực thi luật dân quyền của quốc gia là ưu tiên hàng đầu của Ban Dân quyền.  Thông tin bổ sung về Bộ Phận Dân Quyền có sẵn trên trang web tại www.justice.gov/crt.  

Two individuals pleaded guilty today in the Southern District of Texas for their participation in a scheme to fraudulently obtain and launder millions of dollars in forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act.

According to court documents, Siddiq Azeemuddin, 42, of Naperville, Illinois, and Raheel Malik, 41, of Sugar Land, Texas, engaged in a scheme to defraud the SBA and certain SBA-approved PPP lenders by submitting false and fraudulent PPP loan applications. Azeemuddin and Malik also conspired to and did launder over $3 million in PPP loan funds through Azeemuddin’s business, Fascare International Inc., dba Almeda Discount Store (Almeda). As part of the scheme, Azeemuddin instructed Malik to fill out blank checks from companies that received PPP loans by putting the names of fake employees in the payee line. At Azeemuddin’s direction, Malik then cashed the checks at a financial institution and then transported the cash to other members of the conspiracy. In exchange for laundering the funds, Azeemuddin received 1% to 2% of each check cashed.

Azeemuddin pleaded guilty to one count of conspiracy to commit wire fraud and one count of money laundering. He is scheduled to be sentenced on March 7, 2022, and faces a maximum total penalty of 40 years in prison. Malik pleaded guilty to one count of conspiracy to commit wire fraud and money laundering. He is scheduled to be sentenced on March 7, 2022, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas; Inspector General Hannibal “Mike” Ware of the SBA–Office of Inspector General (SBA-OIG); Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency–Office of Inspector General (FHFA-OIG); Special Agent in Charge Mark B. Dawson of Homeland Security Investigations (HSI) Houston; Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation–Office of Inspector General (FDIC-OIG); and Inspector General J. Russell George of the Treasury Inspector General for Tax Administration (TIGTA) made the announcement.

The SBA-OIG, FHFA-OIG, HSI, FDIC-OIG, and TIGTA are investigating the case. 

Trial Attorneys Louis Manzo and Della Sentilles of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Rodolfo Ramirez and Kristine Rollinson of the Southern District of Texas are prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Herdade Lokua, 23, and Jospin Mujangi, 31, of Kinshasa, Democratic Republic of Congo (DRC), were arrested on Nov. 3 outside of Seattle, Washington, and were indicted by a federal grand jury for conspiracy, money laundering, smuggling and Lacey Act violations for trafficking elephant ivory and white rhinoceros horn from DRC to Seattle.

The 11-count indictment alleges that Lokua and Mujangi worked with a middleman to smuggle four packages into the United States. In August and September, 2020, the defendants sent three shipments containing a total of about 49 pounds of ivory by air freight to Seattle. In May 2021, they sent another package with approximately five pounds of rhinoceros horn. At the same time, the defendants conspired to conduct large transactions via ocean freight, offering the buyer more than two tons of elephant ivory, one ton of pangolin scales, and multiple intact rhinoceros horns. On Nov. 2, they arrived in Washington State to negotiate the details of such a deal and were arrested in Edmonds.

The arrests and indictment are part of “Operation Kuluna,” an international operation conducted between the Office of Homeland Security Investigations (HSI) in Seattle, the Government of the DRC, and the U.S. Embassy in Kinshasa, DRC.  The investigation is ongoing – immediately after the arrests, the task force in DRC acted on information provided by HSI-Seattle to seize 2,067 pounds of ivory and 75 pounds of pangolin scales in Kinshasa worth approximately $3.5 million, all contraband related to wildlife trafficking.

In order to conceal the tusks and horn, the indictment states that Lokua and Mujangi had them cut into smaller pieces which were painted black. They were then mixed with ebony wood to avoid detection by customs authorities. The packages were all declared as “wood” with values between $50-$60. The buyer paid the defendants $14,500 for the ivory and $18,000 for the horn. Lokua and Mujangi also sold 55 pounds of pangolin scales to a U.S. buyer but ultimately did not ship them.

The indictment further alleges that the defendants paid bribes to authorities in Kinshasa in order to ship the merchandise, and discussed how larger shipments would be packed in 20-foot shipping containers and concealed in timber or corn in order to avoid detection.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division announced the arrests and indictment. The investigation in DRC is ongoing.

The Lacey Act is the nation’s oldest wildlife trafficking statute and prohibits, among other things, falsely labeling shipments containing wildlife. The United States, DRC, and approximately 181 other countries are signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). CITES is an international treaty that restricts trade in species that may be threatened with extinction. CITES has permit requirements for protected wildlife, and the indictment alleges that the defendants did not obtain any of the necessary papers or declarations from DRC or the United States.

The CITES treaty has listed the white rhinoceros (Ceratotherium simum) as a protected species since 1975 and the African elephant (Loxodanta africana) since 1977. All species of pangolin were added to the CITES appendix with the greatest level of protection in 2017. All three mammals are threatened by poaching and habitat loss.

If convicted, the defendants face a maximum of 20 years’ imprisonment for the smuggling and money laundering charges and five years for the conspiracy and Lacey Act violations.

HSI-Seattle conducted the investigation, and Customs and Border Protection and the Seattle Police Department assisted in arresting the defendants.

The government is represented by Trial Attorneys Patrick M. Duggan and Ryan C. Connors of the Environmental Crimes Section with assistance from the U.S. Attorney’s Office for the Western District of Washington.

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

A federal grand jury in Hawaii returned an indictment against Anthony Shane Gilstrap, 54, for violating the Resource Conservation and Recovery Act (RCRA) by transporting hazardous waste without a required manifest, falsifying a hazardous waste manifest, and storing hazardous waste without a permit. He is also charged with obstructing an agency proceeding.

In January 2017, Gilstrap, who has lived in Hawaii, Georgia and Kansas, agreed to remove drums of the RCRA-listed hazardous waste perchloroethylene (perc) from Young Laundry & Dry Cleaning (YLD), owned by U.S. Dry Cleaning Corp. (USDC). YLD’s Regional Manager hired Gilstrap to remove the drums for $15,000, which was less than half the price that legitimate hazardous waste disposal companies had quoted to YLD. Gilstrap removed the drums to his warehouse, which was not a permitted storage or treatment site, without required RCRA manifests. Furthermore, both Gilstrap and USDC produced false manifests to put the Hawaii Department of Health (HDOH) off the trail. When an HDOH inspector later tried to locate the missing drums, Gilstrap lied about their whereabouts.

The YLD Regional Manager who hired Gilstrap has pleaded guilty before the U.S. District Court of the District of Hawaii to causing the transportation of hazardous waste without a manifest and received a sentence of probation.

On Oct. 5, Gilstrap was indicted in the District of Kansas for possession of a firearm by a previously convicted felon.

“Perc is a dangerous toxic substance, and stashing drums of it at a cut rate price with no plan for proper final disposal, is a gross dereliction of  care and violates the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “With hazardous waste, the department will aggressively prosecute a knowing failure to do what is right.”

“Hazardous waste manifests are the receipts that track how dangerous wastes are handled,” said the Acting U.S. Attorney Judith A. Philips for the District of Hawaii. “Here, their absence, and the efforts of HDOH and EPA to close the loop, led to the accountability we see today. We will follow through and hold the defendant to account for his illegal transportation and storage as well as his attempts to cover that up.”

“The hazardous waste involved in this case posed serious public health and environmental dangers,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance.  “EPA and our law enforcement partners are committed to holding responsible parties accountable for actions that put communities at risk.”

Gilstrap will be scheduled for his initial court appearance before a U.S. Magistrate Judge in the U.S. District Court for the District of Hawaii. If convicted, he faces a penalty of up to 13 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the EPA’s Criminal Investigation Division. Environmental Crimes Section Senior Trial Attorney Kris Dighe is prosecuting the case jointly with Assistant U.S. Attorney Gregg Paris Yates for the District of Hawaii.

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

In a consent decree entered on Nov. 2 by the U.S. District Court for the Southern District of Iowa, Daniel Gingerich, an Iowa dog breeder, has agreed to revocation of his Animal Welfare Act (AWA) dealer license, a permanent prohibition on engaging in any activity that requires an AWA license, and the surrender of more than 500 dogs and puppies to the Animal Rescue League of Iowa.

In September, the United States filed suit against Gingerich, alleging that he was placing the health of his dogs in serious danger in violation of the AWA. Gingerich had amassed over 100 citations by U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) inspectors in only six months for violations of the AWA, including for the failure to provide an emaciated golden retriever veterinary care, failure to provide potable water and feeding dogs moldy food and food contaminated with wood chips. Gingerich was also cited for failing to follow an appropriate vaccine regime, which resulted in outbreaks of Parvovirus and distemper, both highly contagious but easily preventable diseases.

Under the consent decree, Gingerich was required to identify and surrender all of his dogs at his USDA-licensed and unlicensed facilities. Those dogs have now been transferred to the Animal Rescue League of Iowa, which is partnering with Wayside Waifs, Wisconsin Humane Society, the American Society for the Prevention of Cruelty to Animals and other organizations to provide the dogs the care they need. Gingerich also agreed to permanently refrain from any activity requiring an AWA license. USDA simultaneously negotiated the permanent revocation of Gingerich’s AWA license.

“This case demonstrates the department’s commitment to ensuring that those placing the health of their animals in serious danger are swiftly held accountable, and that these animals receive the humane care they are legally owed,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We will continue to partner with USDA to vigorously enforce these animal welfare laws in the future.”

“The resolution of this case highlights the important partnership between county, state and federal governments in animal welfare cases,” said Deputy Administrator Dr. Betty Goldentyer, of USDA APHIS’ Animal Care Program. “We are grateful to everyone who assisted us in providing for the welfare of the dogs at this facility, and we will continue to work diligently to ensure the welfare of animals under the Animal Welfare Act.”

This settlement is the result of inspection and investigation by USDA and prosecution by Senior Trial Attorney Mary Hollingsworth and Trial Attorney Shampa Panda of ENRD’s Wildlife and Marine Resources Section, with the assistance of the U.S. Attorney’s Office for the Southern District of Iowa.

A federal grand jury returned an indictment yesterday charging a Hawaii man with violating the Atomic Energy Act (AEA), making false statements to the Nuclear Regulatory Commission (NRC), obstruction of NRC proceedings and bank fraud.

According to court documents, Mark Kazee, 57, of Hawaii, worked in the materials and equipment testing industry for over 30 years, serving both as an inspector and as a supervisor of inspectors who used industrial radiography. Industrial radiography is the process of using a radiation source and a specialized camera to examine materials below the surface to check for flaws. On or about December 2016, Defendant Kazee was hired by a testing company to be its Regional Manager in Hawaii. Later, Kazee made a surreptitious plan to take over his employer’s business, by, among other things, misappropriating his employer’s equipment and personnel. As alleged in the indictment, he set up two other companies, APINDE and Hawaii Testing & Technology (HTT), as part of the takeover attempt. In doing so, he violated the AEA, submitted false statements to the NRC and fraudulently obtained a significant line of credit from a Hawaii bank. 

In the fall of 2018, Kazee, working through others, set up two new businesses (APINDE and HTT) to do non-destructive testing in West Virginia and other states where the NRC maintains jurisdiction, including Hawaii. To do the work, Kazee needed a new radiographic camera, which involved obtaining a “materials” license for APINDE from the NRC. He did not have a trained Radiation Safety Officer (RSO), which all materials licensees are required to have. Nevertheless, he prepared an application that falsely claimed he had a qualified RSO, among other things. In response to NRC questions about the application, he submitted more false information about training and qualifications. The NRC issued the license, based on the false representations. After receiving the license, Kazee ordered and signed for a camera containing radioactive material. The NRC opened an investigation after concerns were raised to the agency about the information contained in the license application.   

In January 2019, while still in the employ of his original company, Kazee misappropriated one of its radiographic cameras, which contained iridium-192 and depleted uranium radioactive source material. He had HTT employees use the camera for industrial radiography, without recording the transfer of the radioactive sources, as required by law. Around the same time, Kazee applied to the Bank of Hawaii on behalf of HTT for a revolving line of credit and provided bank loan officers false information including about HTT assets.

“Radiography is a marvelous technology, and when it is used with proper safeguards, it increases safety and improves lives,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department will vigorously prosecute those like Kazee who would circumvent those safeguards and treat worker safety as an afterthought as part of a criminal scheme.”

“No one should disregard our laws designed to protect people from dangerous radiation, and certainly not for the purpose of advancing fraudulent business enterprises,” said Acting U.S. Attorney Judith A. Philips for the District of Hawaii. “We will continue our vigilance in enforcing radiation safety laws.”

“Individuals who use radioactive material for commercial purposes must have the appropriate credentials and training to protect the user and the public,” said Administrator David C. Lew of NRC Region I. “The NRC does not tolerate willful violations of its safety requirements and demands that licensees and their employees act with integrity and communicate with candor.”

Kazee is charged with making false statements to the NRC, obstruction of the NRC’s proceedings, violating the Atomic Energy Act, and bank fraud. The defendant will be scheduled for his initial court appearance before a U.S. Magistrate Judge of the U.S. District Court for the District of Hawaii. If convicted, he faces up to 42 years in prison. The federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

This case was investigated by the NRC’s Office of Investigations. Senior Trial Attorney Kris Dighe of the Justice Department’s Environmental Crimes Section is prosecuting the case jointly with Assistant U.S. Attorney Gregg Paris Yates of the District of Hawaii.

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

A Virginia man was arraigned today on an indictment charging tax fraud that was returned by a federal grand jury in Roanoke, Virginia, on Aug. 20, 2020. He was arrested upon entry into the United States after residing overseas for more than a year.

According to the indictment, from approximately 1987 through at least 2010 James C. Jones Jr., of Christiansburg, owned Lifeline Ambulance Service Inc. (Lifeline). From approximately January 2008 through December 2009, Jones allegedly withheld payroll taxes from Lifeline’s employees’ paychecks but willfully failed to pay over these taxes to the IRS. He also allegedly obstructed the IRS’s ability to collect these delinquent payroll taxes by making false statements on IRS forms, selling real estate he owned and transferring assets under his control in the United States to foreign and domestic nominee entities. Jones supported these foreign asset transfers by allegedly providing false documents to the IRS and causing his then-attorney to make false statements in response to a grand jury subpoena.

The indictment also charges that Jones submitted false individual tax returns each year from 2013 to 2018. In addition to tax fraud, the indictment further alleges that Jones submitted false applications to the Social Security Administration that omitted his domestic and foreign rental income.

Jones is charged with tax evasion, filing false individual tax returns, corruptly endeavoring to obstruct the IRS, obstruction of justice and making a false statement regarding Social Security benefits. Jones was arraigned today before U.S. Magistrate Judge Joel C. Hoppe for the Western District of Virginia. If convicted, Jones faces a maximum penalty of five years in prison on the tax evasion charge, 10 years on the obstruction of justice charge, three years on the tax obstruction charge and each count of filing a false tax return and five years on the Social Security fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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

IRS - Criminal Investigation is investigating the case.

Trial Attorneys Parker Tobin and Todd Ellinwood of the Justice Department’s Tax Division are prosecuting the case.

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

A federal court in the Eastern District of Michigan has permanently enjoined a Detroit-area tax return preparer from preparing federal income tax returns for others and from owning or operating any tax return business in the future.

According to the court’s order entered Nov. 5, Abdou Ndiaye and Ndiaye’s LLC, dba Pro Tax Services, consented to entry of the injunction, with permits the United States to conduct post-judgment discovery to monitor compliance. The order requires that Ndiaye and Pro Tax Services send notice of the injunction to their prior customers.

The civil complaint filed against Ndiaye and Pro Tax Services alleged that Ndiaye reported fabricated business losses or income on his customers’ returns, to either reduce a customer’s legitimate W-2 taxable income or illegitimately increase the customer’s earned income. These improper adjustments caused those individuals to claim earned income tax credits to which they were not entitled. The complaint also alleged that Ndiaye impermissibly lowered some of his customers’ tax liabilities by falsely claiming head of household filing status for individuals who were not entitled to claim it.

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

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

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that a person or business may be violating an injunction, please contact the Tax Division with details.

After a seven-week trial, a federal jury in the Southern District of Florida convicted two operators of two South Florida addiction treatment facilities for fraudulently billing approximately $112 million for services that were never provided or were medically unnecessary, and for paying  kickbacks to patients through patient recruiters, and receiving kickbacks from testing laboratories. One defendant was also convicted of money laundering, and of separate charges of bank fraud connected to Paycheck Protection Program (PPP) loans.

According to court documents and evidence presented at trial, Jonathan Markovich, 37, and his brother, Daniel Markovich, 33, both of Bal Harbour, conspired to and did unlawfully bill for approximately $112 million of addiction treatment services that were never rendered and/or were medically unnecessary, and that were procured through illegal kickbacks, at two addiction treatment facilities that they operated, Second Chance Detox LLC, dba Compass Detox (Compass Detox), an inpatient detox and residential facility, and WAR Network LLC (WAR), a related outpatient treatment program. Jonathan Markovich, who owned both facilities, was also convicted of bank fraud in connection with PPP loan applications in which he falsely stated that Compass Detox and WAR were not engaged in illegal conduct.

The evidence showed that defendants obtained patients through patient recruiters who offered illegal kickbacks to patients (such as free airline tickets, illegal drugs, and cash payments). The defendants then shuffled a core group of patients between Compass Detox and WAR to fraudulently bill for as much as possible. Patient recruiters gave patients illegal drugs prior to admission to Compass Detox to ensure admittance for detox, which was the most expensive kind of treatment offered by the defendants’ facilities, therapy sessions were billed for but not regularly provided or attended, and excessive, medically unnecessary urinalysis drug tests were ordered. Compass Detox patients were given a so-called “Comfort Drink” to sedate them, and to keep them coming back. Patients were also given large and potentially harmful amounts of controlled substances, in addition to the “Comfort Drink,” to keep them compliant and docile, and to ensure they stayed at the facility. Certain patients were also routinely re-admitted and repeatedly cycled through Compass Detox and WAR to maximize revenue.

“These substance abuse treatment facility operators orchestrated a massive, multi-year fraudulent billing scheme by taking advantage of patients seeking treatment,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The convictions today further demonstrate the success of the Department of Justice’s Sober Homes Initiative in protecting patients and prosecuting fraudulent substance abuse treatment facilities.”

“Their tactics were brazen and the dollar losses immense,” said Special Agent in Charge George L. Piro of FBI’s Miami Field Office. “These health care fraudsters, driven by greed, sought to cheat their way to riches by billing tens of millions of dollars from various health care programs. The FBI and our law enforcement partners will investigate and criminally prosecute such fraud to the fullest extent of the law.”

Both defendants were convicted of conspiracy to commit health care fraud and wire fraud. Jonathan Markovich was convicted of eight counts of health care fraud and Daniel Markovich was convicted of two counts of health care fraud. They were also convicted of conspiracy to pay and receive kickbacks and two counts of paying and receiving kickbacks. Jonathan Markovich was separately convicted of conspiring to commit money laundering, two counts of concealment money laundering, and six counts of laundering at least $10,000 in proceeds of unlawful activities, as well as two counts of bank fraud related to his fraudulently obtaining PPP loans for both Compass Detox and WAR during the COVID-19 pandemic. Both defendants are scheduled to be sentenced on Jan. 13, 2022. They each face a maximum of 20 years for the health care fraud and wire fraud conspiracy count, 10 years for each substantive count of health care fraud and paying and receiving kickbacks, and five years for the kickbacks conspiracy. Jonathan Markovich faces additional maximum sentences of 20 years for conspiracy to commit money laundering, 20 years for each substantive count of concealment money laundering, 10 years for each additional count of money laundering, and 30 years for each substantive count of bank fraud. A federal district court judge will determine the sentences after considering the U.S. Sentencing Guidelines and other statutory factors. A related trial is scheduled to begin on Feb. 28, 2022, in the Southern District of Florida, for four other defendants charged in this case.

The FBI, the Department of Health and Human Services, Office of Inspector General, and Broward Sheriff's Office investigated the case.

Senior Litigation Counsel Jim Hayes and Trial Attorney Jamie de Boer of the Criminal Division’s Fraud Section are prosecuting the case.

The National Rapid Response Strike Force and Los Angeles Strike Force lead the Department of Justice’s Sober Homes Initiative, which was announced in the 2020 National Health Care Fraud Takedown to prosecute defendants who exploit vulnerable patients seeking treatment for drug and/or alcohol addiction.

Special Counsel John Durham today announced that a federal grand jury returned an indictment in the U.S. District Court for the Eastern District of Virginia charging Igor Danchenko, 43, a Russian citizen residing in Virginia, with five counts of making false statements to the FBI. The charges in the indictment stem from statements made by Danchenko relating to the sources he used in providing information to a U.K. investigative firm that prepared what are identified in the indictment as “Company Reports.”

The indictment was returned on Nov. 3 and unsealed today. Danchenko was arrested earlier today and is scheduled to appear before U.S. Magistrate Judge Theresa C. Buchanan today at 2:30 p.m.

According to the indictment, on June 15, 2017, March 16, 2017, May 18, 2017, Oct. 24, 2017, and Nov. 16, 2017, Danchenko made false statements regarding the sources of certain information that he provided to a U.K. investigative firm that was then included in reports prepared by the U.K. investigative firm and subsequently passed to the FBI. The June 15, 2017, false statement count alleges that Danchenko denied that he had spoken with a particular individual about material information contained in one of the Company Reports when he knew that was untrue. The March 16, 2017, May 18, 2017, Oct. 24, 2017, and Nov. 16, 2017, counts involve statements made by Danchenko on those dates to FBI agents regarding information he purportedly had received from an anonymous caller who he believed to be a particular individual, when in truth and in fact he knew that was untrue. The information purportedly conveyed by the anonymous caller included the allegation that there were communications ongoing between the Trump campaign and Russian officials and that the caller had indicated the Kremlin might be of help in getting Trump elected. 

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

This case is being prosecuted by Assistant Special Counsel Andrew J. DeFilippis, Assistant Special Counsel Michael T. Keilty, and Assistant Special Counsel Jonathan E. Algor, with the support and assistance of other members of Special Counsel Durham’s team. The Special Counsel’s investigation is ongoing.

The Department of Justice today announced it has reached a settlement agreement with Rehrig Pacific Company (Rehrig Pacific), headquartered in California. The settlement resolves allegations that Rehrig Pacific discriminated against a non-U.S. citizen when, because of his citizenship status, it did not give him the opportunity to produce his choice of valid documentation proving his permission to work.  

“It is unlawful for employers to restrict the documentation that workers can present to prove their authorization to work based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “The Justice Department will continue to safeguard the rights of workers who face unlawful discrimination.”

The department’s investigation began after a non-U.S. citizen filed a discrimination complaint. The investigation determined that when the company was checking his continued permission to work, it instructed him to produce a new document from the Department of Homeland Security. The Immigration and Nationality Act (INA) prohibits employers from limiting or specifying the types of documentation a worker is allowed to show to prove permission to work, because of a worker’s citizenship, immigration status or national origin. As a result, even when an employer has a legal requirement to check a worker’s continued permission to work, the employer should allow the worker to present whatever valid documentation the worker chooses.

Under the settlement, Rehrig Pacific will pay civil penalties to the United States and train its employees who are responsible for verifying workers’ permission to work in the United States. The settlement also requires Rehrig Pacific to be subject to departmental monitoring and reporting requirements. 

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. More information on how employers can avoid unfair documentary practices is available here. 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.

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