District Not Recorded

Global Plywood and Lumber Trading LLC (Global Plywood) pleaded guilty today in the U.S. District Court for the District of Columbia to violating the Lacey Act. The corporation admitted that it failed to exercise due care when it imported illegally-sourced timber from the Peruvian Amazon into the United States. The court sentenced Global Plywood to pay $200,000 in restitution to the Ministry of Environment of Peru and a $5,000 fine.

Global Plywood was incorporated in Nevada and operated out of Poway, California. In August 2015, Global Plywood purchased approximately 1,135 cubic meters of hardwood blanks from three Peruvian suppliers. The wood, consisting of species of Virola from the Loreto region of the Peruvian Amazon, arrived at the Port of Houston aboard the M/V Yacu Kallpa on September 27, 2015, where it was seized by Customs and Border Protection (CBP) officers.

Peru issues Forest Travel Guides to establish a chain of custody and ensure that any timber harvested or transported is legal. The Agency for Supervision of Forest Resources and Wildlife (OSINFOR) audits harvest sites to ensure legal compliance. OSINFOR made its findings available on SIGO, an open-source website maintained by the Peruvian government. Importers are able to check SIGO to determine if there have been any irregularities regarding specific harvest permits and Forest Travel Guides. Global Plywood was aware of such public reports detailing instances of illegal logging and fraud within the Peruvian timber industry.

The investigation revealed that approximately 92% of the wood that Global Plywood imported had been unlawfully harvested or transported. In pleading guilty, Global Plywood acknowledged that it failed to exercise due care in that it (i) did not obtain or review relevant harvest permits or Forest Travel Guides prior to import, (ii) failed to check SIGO for irregularities connected to the timber purchased, and (iii) relied on statements made by suppliers without further investigation, a site visit, or other confirmation of the truth of those statements.

The Lacey Act prohibits, among other things, the import of plants, wildlife, or fish without exercising due care to identify the source of the goods. Global Plywood dissolved in 2017, having forfeited and disposed of the illegal timber pursuant to a civil action.

The Trade Enforcement Group of Homeland Security Investigations in Houston and CBP conducted the investigation with assistance from Peruvian authorities. Trial Attorneys Patrick Duggan and Ryan Connors of the Environmental Crimes Section of the Environment and Natural Resources Division prosecuted the case.

A citizen of Mexico was sentenced today to three years in prison to be followed by three years of supervised release for his role in a conspiracy to smuggle protected reptiles from Mexico to the United States.

According to court documents, Jorge Alonso Gutierrez pleaded guilty on April 28 to a two-count information charging him with one count of conspiracy to traffic wildlife and one count of smuggling. Gutierrez admitted to being part of a conspiracy to smuggle wildlife from Mexico into the United States via El Paso, Texas. The reptiles included a Central American river turtle (Dermatemys mawaii), a species that is protected under the Convention on International Trade in Endangered Species (CITES) and is also listed as endangered under the Endangered Species Act.

Gutierrez was the middleman between several Mexico-based suppliers of wildlife and their U.S.-based customers. Gutierrez’s role as middleman was to coordinate and receive wildlife at the Jaurez, Mexico airport and deliver them to a co-conspirator in Juarez who smuggled them in his car into the United States through an El Paso border crossing. Once in the United States, the wildlife was shipped via Fed Ex or U.S. Postal Service to U.S.-based customers. On many occasions, animals died during transport.

Between April 2015 and February 2020, Gutierrez either illegally transported or caused to be illegally transported wildlife across the U.S.-Mexico border with a market value in excess of $3,500,000. Gutierrez was paid by Mexican suppliers to facilitate the smuggling of wildlife into the United States.  

On Sept. 22, 2016, Gutierrez received wildlife from the Juarez airport and transported and delivered the wildlife to a co-conspirator who smuggled the wildlife into the United States and an El Paso, Texas, border crossing. The wildlife was ultimately repackaged and sent by Fed-Ex to buyers in the United States. Neither Guiterrez nor the co-conspirator had a CITES import permit for any of the smuggled animals, nor were permits issued in the name of any of the suppliers.

The sentencing was announced by Assistant Attorney General Todd Kim for the Environment and Natural Resources Division and Assistant Director for Law Enforcement Edward Grace of the U.S. Fish and Wildlife Service (USFWS).

The investigation was handled by the U.S. Fish & Wildlife Service’s Office of Law Enforcement, and the Environmental and Natural Resources Division’s Environmental Crimes Section. The government is represented by Trial Attorneys Mary Dee Carraway and Gary Donner of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

FRESNO, Calif. — Miguel Alberto Burgos, 28, of Bakersfield, was sentenced today to three years in prison for being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Jan. 18, 2021, a law enforcement officer stopped Burgos for committing traffic infractions while driving a vehicle in Bakersfield. Burgos yielded his vehicle but fled on foot. The officer gave chase and eventually secured Burgos on the ground, but he broke free and continued flight. Shortly afterwards, officers caught and arrested Burgos. During the chase, Burgos discarded a Ruger LCP .380‑caliber handgun loaded with a high-capacity magazine. Burgos cannot lawfully possess firearms because he was convicted in 2013 of second-degree robbery. Burgos is a long-time member of Bakersfield’s Varrio Bakers criminal street gang.

This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Kern County Fire Department. Assistant U.S. Attorney Christopher D. Baker prosecuted the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Acting United States Attorney Bob Murray announced today that JUSTIN EUGENE JAMESON, a/k/a Justin Brown, age 38, and NATHANIEL TSOSIE, 34, both from Denver, were sentenced for felony possession of a firearm. Jameson received a sentence of 78 months, to be followed by three years of supervised release, and was ordered to pay a special assessment in the amount of $100. Although the government argued for a sentence of 96 to 105 months for Tsosie, he received a sentence of 78 months to run concurrent with any sentence that is imposed in a criminal case out of Johnson County, Wyoming. Tsosie will also pay a $100 special assessment, and his sentence will be followed by three years supervised release.

On or around February 12, 2021, Tsosie was being pursued by law enforcement out of Colorado. Law enforcement lost track of Tsosie but then relocated him near Buffalo, Wyoming. Law enforcement deployed spike strips and rammed his car to get him to stop and surrender. Tsosie, a felon, had firearms in the car. He also had his dog, which was placed in a shelter following Tsosie’s arrest. Tsosie called his friend, Justin Jameson, and asked him to pick up his dog from the shelter.

Jameson drove to Buffalo, Wyoming from Denver, Colorado to pick up the dog. Jameson contacted the Johnson County Sheriff’s Office to request assistance, and, upon arrival, an officer learned that Jameson was a previously convicted felon on probation, that he was driving a stolen car with a suspended license, and that he was in possession of two firearms.

"Not only is it illegal for convicted felons to possess firearms, but these two felons had extensive records," said Acting United States Attorney Bob Murray. "In this case, our office worked closely with ATF and local and state law enforcement partners to stop these men from committing further crimes and placing the public in danger."

U.S. Attorney General Merrick B. Garland met today with European Commissioner for Home Affairs Ylva Johansson in Washington, D.C., to further strengthen the partnership between the United States and the European Union on fighting transnational crime and terrorism.

In their inaugural meeting, the leaders reaffirmed their shared commitment to strengthen bilateral cooperation on law enforcement matters and to counter common threats, including those posed by foreign terrorism, domestic violent extremism, cybercrime, online child sexual exploitation and abuse, and the trafficking of humans, drugs, and firearms.

They additionally discussed the need for continued cooperation to combat transborder ransomware attacks, and to address the public safety challenges posed by the use of encryption technology to further criminal activity. The Attorney General and Commissioner committed to further dialogues between the United States and the European Union to help ensure the protection and security of the citizens of both jurisdictions.

The Department of Justice announced today that BancorpSouth Bank and Cadence Bank have agreed to sell seven branches in northeastern Mississippi, with more than $446 million in deposits, to resolve antitrust concerns arising from BancorpSouth’s planned acquisition of Cadence Bank.

“Today’s settlement underscores that all Americans, including those in rural communities and small towns, are entitled to access competitively priced banking products and services close to where they live and work,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “Banks are the anchors of many communities. Families and small businesses rely on banks to keep their money safe and obtain credit for important expenses and investments in their lives.”

Under the agreement with the department, the parties will divest seven branches located in Aberdeen, West Point, and Starkville, Mississippi. The assets that must be divested include all the deposits and loans associated with the seven branches, as well as all physical assets. The companies also have agreed to suspend existing non-compete agreements with branch managers and loan officers located in Aberdeen, West Point, and Starkville, Mississippi and will not enter into new non-compete agreements with those managers and officers. Further, the companies have agreed that any branches located in any of these markets that are closed within three years of the merger’s closing will be sold or leased to an insured depository institution that offers deposit and credit services to small businesses. As a result of the merger, BancorpSouth will become the 10th largest bank, based on assets, in its nine-state region in the southeastern United States and the 46th largest bank in the country.  

The proposed merger is subject to the final approval of the Federal Deposit Insurance Corporation (FDIC). The department’s role when reviewing a proposed bank merger necessarily focuses on the merger’s competitive effects. Here, the department has advised the FDIC that the department will not challenge the merger provided that the parties divest branches in certain areas of overlap and agree to the commitments described above. The parties’ commitments to the department will be included as a condition that the parties’ make to the FDIC’s order allowing this transaction.

BancorpSouth Bank, headquartered in Tupelo, Mississippi, has approximately $25.8 billion in assets, $21.2 billion in deposits and 325 full-service branches across nine states in the southeastern United States. It provides a wide range of banking and other financial services to consumers, businesses, agricultural customers and wealth management customers.

Cadence Bank N.A., headquartered in Atlanta, Georgia, has approximately $18.8 billion in assets and $16.1 billion in deposits. Cadence Bank has 98 branches across the southeastern U.S. with 11 of those branches in Mississippi. Cadence also offers a full range of products and services to retail, small business and middle market customers as well as investment and trust services. 

A list of the branches to be divested is below.

Branch

Address

City

County

State

Zip Code

Aberdeen Main

128 E. Commerce Street

Aberdeen

 Monroe

MS

39730

Aberdeen Hwy 45

302 Hwy 145 North

Aberdeen

 Monroe

MS

39730

West Point Main

657 Commerce Street

West Point

Clay

MS

39773

West Point Hwy 45

215 Hwy 45 South

West Point

Clay

MS

39773

Starkville Crossing

818 Hwy 12 West

Starkville

Oktibbeha

MS

39759

Starkville Russell St

793 Russell Street

Starkville

Oktibbeha

MS

39759

Starkville University

606 Hwy 12 East

Starkville

Oktibbeha

MS

39759

CenturyLink Inc., now known as Lumen Technologies Inc., has agreed to pay $275,000 to resolve a civil contempt claim by the Department of Justice arising from CenturyLink’s violations of the Amended Final Judgment that was designed to preserve competition following CenturyLink’s 2018 acquisition of Level 3 Communications Inc. 

The Justice Department's Antitrust Division today filed a petition in federal court in Washington, D.C., asking the court to find CenturyLink in civil contempt of the Amended Final Judgment. At the same time, the department filed a settlement agreement and order that, if approved by the court, would resolve the claim.

“CenturyLink is a repeat offender,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The request for a finding of civil contempt is appropriate because the company violated its amended obligations immediately after the court imposed them. When companies fail to comply with court-ordered obligations, the Antitrust Division will take action to enforce them.”

CenturyLink previously violated the 2018 Final Judgment entered by the court to resolve the department’s competitive concerns arising from CenturyLink’s acquisition of Level 3. The August 2020 settlement relating to these violations led to a more stringent Amended Final Judgment and imposition of costs against CenturyLink. Among the additional requirements in the Amended Final Judgment was a two-year extension of the ban on CenturyLink’s initiating contact with customers in the Boise-Nampa, Idaho, metropolitan area who had switched their business to the acquirer of the assets divested under the original Final Judgment.

In the petition filed today, the department alleges that CenturyLink violated the non-solicitation provision by sending more than 100 marketing emails to Boise-area customers who had switched their business away from CenturyLink. The accompanying settlement agreement and order requires CenturyLink to make a $275,000 payment to the United States. That payment includes reimbursement to the government for the cost of its investigation into CenturyLink’s alleged violations. 

In September 2020, CenturyLink changed its name to Lumen Technologies Inc. Lumen is incorporated and headquartered in Louisiana and is one of the largest wireline telecommunications providers in the United States. In 2020, Lumen had revenues of approximately $20.7 billion.

A federal jury in the Eastern District of Tennessee convicted a former nurse practitioner yesterday of unlawfully distributing prescription opioids to patients at a clinic he owned in Manchester, Tennessee.

According to court documents and evidence presented at trial, Mark Allen, 64, now of Destin, Florida, distributed oxycodone not for a legitimate medical purpose outside the course of professional practice and used his clinic for unlawful drug distribution. Specifically, the evidence showed that through his clinic, Volunteer Family Medical, he wrote controlled substance prescriptions for more than 15,000 pills to three women with whom he had sexual relationships, and a male patient who later passed away.

Allen was convicted of one count of maintaining a drug-involved premises and six counts of unlawful distribution of a controlled substance outside the scope of professional practice. He is scheduled to be sentenced on Jan. 21, 2022, and faces up to 20 years in prison per count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee; Special Agent in Charge Joseph Carrico of the FBI’s Knoxville Field Office; Special Agent in Charge Derrick Jones of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Assistant Director Mike Cox of the Tennessee Bureau of Investigation (TBI) made the announcement.

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

Trial Attorney Emily Petro of the Criminal Division’s Fraud Section and Assistant U.S. Attorney James Brooks of the Eastern District of Tennessee are prosecuting the case.

A Florida man pleaded guilty today to conspiring to defraud the U.S. Food and Drug Administration (FDA) by concealing information about illegal products labeled as dietary supplements.

David Winsauer, 35, of Delray Beach, worked from 2014 to 2018 for Blackstone Labs, LLC, a Boca Raton company that sold products labeled as dietary supplements. According to court filings, Winsauer admitted that he and other co-conspirators worked to portray the company to consumers as complying with applicable federal laws, when in fact, the company arranged to manufacture products that were illegal under federal law. Winsauer admitted that members of the conspiracy also coordinated to conceal sales of products labeled as dietary supplements from the FDA, including by removing information about illegal products from online marketing to create the false impression that they were no longer selling those products. 

“The FDA regulates dietary supplements 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 companies who undermine that mission by deceiving the FDA.”

“Products mislabeled as dietary supplements can pose a serious risk to the health of U.S. consumers,” said Special Agent in Charge Justin C. Fielder for the FDA Office of Criminal Investigations Miami Field Office. “We will continue to investigate and bring to justice those who jeopardize the public health by selling violative products.”

Winsauer pleaded guilty to conspiracy to defraud the United States in Ft. Lauderdale before U.S. District Judge William P. Dimitrouleas of the Southern District of Florida. He is scheduled to be sentenced on Nov. 12 and faces a maximum penalty of five years in prison.

The FDA’s Office of Criminal Investigations investigated the case.

Blackstone Labs, Winsauer and six other defendants previously were charged by indictment in connection with a conspiracy to defraud the FDA, distribute unapproved new drugs, and conspiracy to distribute controlled substances. One other defendant pleaded guilty in 2019, and the remaining defendants are set for trial in October.

The indictment charging the remaining defendants is merely an allegation, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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

The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia, against Richard D. Fairbank, the CEO of Capital One Financial Corporation, for violating the pre-transaction notification and waiting period requirements of the Hart-Scott-Rodino Act of 1976 (HSR Act) when he acquired voting securities of Capital One in 2018. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Fairbank has agreed to pay a $637,950 civil penalty to resolve the lawsuit.

The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo pre-transaction antitrust review. Federal courts can assess civil penalties for pre-transaction notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR Act violation, which is adjusted annually, is currently $43,792 per day.

Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.

Consistent with the requirements of the Tunney Act, the proposed settlement, along with the 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 via email to bccompliance@ftc.gov or by post to Maribeth Petrizzi, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.

A federal grand jury in West Virginia returned an indictment Tuesday charging a former West Virginia police officer and firefighter with civil rights offenses against two victims, using fire to commit a felony, and witness tampering.

According to court documents, Christopher Osborne, 25, was indicted Tuesday by a federal grand jury in Charleston for sexually assaulting a 16-year-old minor female while acting under color of law; destroying a 49-year-old woman’s property without lawful justification;  using fire to commit a felony;  and making false statements to investigators.

Today’s indictment charges Osborne with two counts of deprivation of rights under color of law, one count of using fire to commit a felony and one count of witness tampering. The first count alleges that in January 2021, while Osborne was a police officer and firefighter, he sexually assaulted a 16-year-old girl, resulting in bodily injury to her. The indictment alleges that this offense included aggravated sexual abuse, attempted aggravated sexual abuse, kidnapping and attempted kidnapping. The second count alleges that in November 2019, while Osborne was a police officer and firefighter, he destroyed the property and dwelling of a 49-year-old woman without lawful justification, and this offense included the use and attempted use of fire. The third count alleges that this conduct also constituted using a fire to commit a felony. The fourth count alleges that Osborne knowingly engaged in misleading conduct toward investigators with the intent to hinder a federal investigation by falsely denying engaging in any sexual contact or sexual act with his 16-year-old victim.

The first count carries a maximum penalty of life imprisonment, the second count carries a maximum penalty of ten years, the third count carries a mandatory penalty of ten years and the fourth count carries a maximum penalty of 20 years.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia and FBI Pittsburgh Special Agent in Charge Mike Nordwall made the announcement.

The FBI’s Pittsburgh Field Office investigated the case, with support from the West Virginia State Police and the West Virginia State Fire Marshals.

Trial Attorney Kathryn E. Gilbert of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Jennifer Rada Herrald and Julie White for the Southern District of West Virginia are prosecuting the case.

Anyone with information about Christopher Osborne should contact the FBI’s Charleston Resident Agency at 304-346-2300.

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

WASHINGTON - Hoje, o Departamento de Justiça anunciou um acordo com as Escolas Públicas de Newark para resolver a investigação do departamento sobre os programas do distrito escolar para seus alunos aprendizes de inglês. O acordo põe fim à longa e comum prática do distrito de remover os alunos dos programas para alunos de inglês antes que eles se tornem fluentes em inglês. O distrito concordou em melhorar os serviços para os estudantes de inglês a fim de eles poderem ter acesso às mesmas oportunidades educacionais que outros estudantes nas Escolas Públicas de Newark. 

A investigação de vários anos do departamento descobriu falhas abrangentes no atendimento adequado de alunos que aprendem inglês. O departamento descobriu que o distrito não contratou professores qualificados suficientes para apoiar o seu programa e, também os reteve, resultando em tempo limitado de instrução para alguns alunos e, para outros, nenhum serviço de idiomas. A Divisão de Direitos Civis e a Procuradoria Geral dos EUA para o Distrito de Nova Jersey investigaram-no nos termos da Lei de Igualdade de Oportunidades Educacionais de 1974.

"Os distritos escolares devem fornecer serviços eficazes para que todos os estudantes possam criar o seu próprio sonho americano", disse a Procuradora-Geral Adjunta Kristen Clarke, da Divisão de Direitos Civis do Departamento de Justiça. "Continuaremos lutando para garantir o cumprimento de nossas leis federais de direitos civis enquanto defendemos o direito de cada estudante a oportunidades educacionais igualitárias em todo o nosso país". As exigências globais deste acordo criarão uma mudança duradoura e oferecerão acesso à educação a milhares de estudantes de inglês em Newark". 

"O nosso escritório apóia firmemente os direitos civis de todos os estudantes, incluindo os que aprendem inglês", disse a Procuradora Geral Federal em exercício Rachael A. Honig para o Distrito de Nova Jersey. "Estamos felizes de que o Conselho de Educação de Newark tenha concordado em abraçar plenamente a sua obrigação de atender às necessidades linguísticas de seus alunos de inglês e resolver as graves violações da lei federal reveladas durante esta investigação. Continuaremos a responsabilizar os distritos escolares e outras agências educacionais para que todos os estudantes de Nova Jersey tenham igual acesso às oportunidades educacionais". 

O Departamento de Justiça monitorará a implementação do acordo por, pelo menos, três anos letivos completos até que o distrito tenha cumprido plenamente as suas obrigações. 

Observação: Uma cópia completa do acordo de solução pode ser vista aqui em inglês.

Este comunicado de imprensa também está disponível em espanhol, português, crioulo haitiano e francês.

A aplicação da Lei de Igualdade de Oportunidades Educacionais de 1974 é uma prioridade máxima da Divisão de Direitos Civis e da Procuradoria-Geral dos Estados Unidos para o Distrito de Nova Jersey. Informações adicionais sobre a Divisão de Direitos Civis do Departamento de Justiça estão disponíveis em seu site: www.justice.gov/crt e informações adicionais sobre o trabalho da Seção de Oportunidades Educacionais estão disponíveis em https://www.justice.gov/crt/educational-opportunities-section. Membros do público podem relatar possíveis violações de direitos civis em https://civilrights.justice.gov/report/ ou com a Procuradoria do Ministério Público dos EUA para o Distrito de Nova Jersey em http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint ou podem ligar para a Linha Direta da Procuradoria do Ministério Público dos EUA: (855) 281-3339.

WASHINGTON - Hoje, o Departamento de Justiça anunciou um acordo com as Escolas Públicas de Newark para resolver a investigação do departamento sobre os programas do distrito escolar para seus alunos aprendizes de inglês. O acordo põe fim à longa e comum prática do distrito de remover os alunos dos programas para alunos de inglês antes que eles se tornem fluentes em inglês. O distrito concordou em melhorar os serviços para os estudantes de inglês a fim de eles poderem ter acesso às mesmas oportunidades educacionais que outros estudantes nas Escolas Públicas de Newark. 

A investigação de vários anos do departamento descobriu falhas abrangentes no atendimento adequado de alunos que aprendem inglês. O departamento descobriu que o distrito não contratou professores qualificados suficientes para apoiar o seu programa e, também os reteve, resultando em tempo limitado de instrução para alguns alunos e, para outros, nenhum serviço de idiomas. A Divisão de Direitos Civis e a Procuradoria Geral dos EUA para o Distrito de Nova Jersey investigaram-no nos termos da Lei de Igualdade de Oportunidades Educacionais de 1974.

"Os distritos escolares devem fornecer serviços eficazes para que todos os estudantes possam criar o seu próprio sonho americano", disse a Procuradora-Geral Adjunta Kristen Clarke, da Divisão de Direitos Civis do Departamento de Justiça. "Continuaremos lutando para garantir o cumprimento de nossas leis federais de direitos civis enquanto defendemos o direito de cada estudante a oportunidades educacionais igualitárias em todo o nosso país". As exigências globais deste acordo criarão uma mudança duradoura e oferecerão acesso à educação a milhares de estudantes de inglês em Newark". 

"O nosso escritório apóia firmemente os direitos civis de todos os estudantes, incluindo os que aprendem inglês", disse a Procuradora Geral Federal em exercício Rachael A. Honig para o Distrito de Nova Jersey. "Estamos felizes de que o Conselho de Educação de Newark tenha concordado em abraçar plenamente a sua obrigação de atender às necessidades linguísticas de seus alunos de inglês e resolver as graves violações da lei federal reveladas durante esta investigação. Continuaremos a responsabilizar os distritos escolares e outras agências educacionais para que todos os estudantes de Nova Jersey tenham igual acesso às oportunidades educacionais". 

O Departamento de Justiça monitorará a implementação do acordo por, pelo menos, três anos letivos completos até que o distrito tenha cumprido plenamente as suas obrigações. 

Observação: Uma cópia completa do acordo de solução pode ser vista aqui em inglês.

Este comunicado de imprensa também está disponível em espanhol, português, crioulo haitiano e francês.

A aplicação da Lei de Igualdade de Oportunidades Educacionais de 1974 é uma prioridade máxima da Divisão de Direitos Civis e da Procuradoria-Geral dos Estados Unidos para o Distrito de Nova Jersey. Informações adicionais sobre a Divisão de Direitos Civis do Departamento de Justiça estão disponíveis em seu site: www.justice.gov/crt e informações adicionais sobre o trabalho da Seção de Oportunidades Educacionais estão disponíveis em https://www.justice.gov/crt/educational-opportunities-section. Membros do público podem relatar possíveis violações de direitos civis em https://civilrights.justice.gov/report/ ou com a Procuradoria do Ministério Público dos EUA para o Distrito de Nova Jersey em http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint ou podem ligar para a Linha Direta da Procuradoria do Ministério Público dos EUA: (855) 281-3339.

WASHINGTON - Le Ministère de la Justice a annoncé aujourd'hui un accord avec les écoles publiques de Newark pour mettre fin à l'enquête du ministère sur les programmes du district scolaire pour ses élèves apprenant l'anglais. L'accord met fin à la pratique courante et de longue date du District consistant à retirer les élèves des programmes d'apprentissage de l'anglais avant qu'ils parlent couramment cette langue. Le District a accepté d'améliorer les services pour les élèves apprenant l'anglais afin qu'ils puissent accéder aux mêmes opportunités éducatives que les autres élèves des écoles publiques de Newark. 

L'enquête pluriannuelle du Ministère a mis en évidence des manquements de grande ampleur en matière de services aux élèves apprenant l'anglais. Le Ministère a découvert que le District n'a pas réussi à embaucher et à retenir suffisamment d'enseignants qualifiés pour soutenir son programme, ce qui a eu pour conséquence un temps d'instruction limité pour certains élèves, et pour d'autres, aucun service linguistique du tout. La Division des Droits Civils et le Bureau du Procureur des États-Unis pour le District du New Jersey ont enquêté en vertu de la Loi de 1974 sur l'Égalité des Chances en Matière d'Éducation. 

"Les districts scolaires doivent fournir des services efficaces aux apprenants l’anglais afin que tous les élèves puissent créer leur propre rêve américain", a déclaré Kristen Clarke, procureuse générale adjointe de la Division des Droits Civils du Ministère de la Justice. "Nous continuerons à lutter pour assurer le respect de nos lois fédérales sur les droits civils, tout en défendant le droit de chaque élève à l'égalité des chances en matière d'éducation dans tout le pays. Les exigences complètes de cet accord créeront un changement durable et donneront accès à l'éducation à des milliers d'élèves apprenant l'anglais à Newark."    

"Notre bureau soutient fermement les droits civils de tous les étudiants, y compris les apprenants d’anglais," a déclaré Rachael A. Honig, procureuse fédérale par intérim pour le District du New Jersey. "Nous sommes heureux que le Conseil de Éducation de Newark ait accepté d'assumer pleinement son obligation de répondre aux besoins linguistiques de ses apprenants d’anglais et de résoudre les graves violations de la loi fédérale découvertes au cours de cette enquête. Nous continuerons à demander des comptes aux districts scolaires et aux autres agences d'éducation afin que tous les élèves du New Jersey bénéficient d'un accès égal aux opportunités éducatives." 

Le Ministère de la Justice surveillera la mise en œuvre de l'accord par le district pendant au moins trois années scolaires complètes, jusqu'à ce que le district se soit entièrement conformé à ses obligations. 

Note : Une copie complète de l'accord peut être consultée ici en anglais. 

Ce communiqué de presse est également disponible en espagnol, portugais, créole haïtien et français.

L'application de la loi sur l'égalité des chances en matière d'éducation de 1974 est une priorité absolue de la Division des Droits Civils et du Bureau du Procureur des États-Unis pour le District du New Jersey. Des informations supplémentaires sur la Division des Droits Civils du Ministère de la Justice sont disponibles sur son site web à l'adresse http://www.justice.gov/crt, et des informations supplémentaires sur le travail de la section des opportunités éducatives sont disponibles à l'adresse https://www.justice.gov/crt/educational-opportunities-section. Les membres du public peuvent signaler d'éventuelles violations des droits civils à l'adresse https://civilrights.justice.gov/report/ ou au Bureau du Procureur des États-Unis pour le District du New Jersey à l'adresse http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint ou encore appeler la ligne d'assistance téléphonique pour les droits civils du Bureau du Procureur des États-Unis au (855) 281-3339. 

WASHINGTON - Le Ministère de la Justice a annoncé aujourd'hui un accord avec les écoles publiques de Newark pour mettre fin à l'enquête du ministère sur les programmes du district scolaire pour ses élèves apprenant l'anglais. L'accord met fin à la pratique courante et de longue date du District consistant à retirer les élèves des programmes d'apprentissage de l'anglais avant qu'ils parlent couramment cette langue. Le District a accepté d'améliorer les services pour les élèves apprenant l'anglais afin qu'ils puissent accéder aux mêmes opportunités éducatives que les autres élèves des écoles publiques de Newark.

L'enquête pluriannuelle du Ministère a mis en évidence des manquements de grande ampleur en matière de services aux élèves apprenant l'anglais. Le Ministère a découvert que le District n'a pas réussi à embaucher et à retenir suffisamment d'enseignants qualifiés pour soutenir son programme, ce qui a eu pour conséquence un temps d'instruction limité pour certains élèves, et pour d'autres, aucun service linguistique du tout. La Division des Droits Civils et le Bureau du Procureur des États-Unis pour le District du New Jersey ont enquêté en vertu de la Loi de 1974 sur l'Égalité des Chances en Matière d'Éducation.

"Les districts scolaires doivent fournir des services efficaces aux apprenants l’anglais afin que tous les élèves puissent créer leur propre rêve américain", a déclaré Kristen Clarke, procureuse générale adjointe de la Division des Droits Civils du Ministère de la Justice. "Nous continuerons à lutter pour assurer le respect de nos lois fédérales sur les droits civils, tout en défendant le droit de chaque élève à l'égalité des chances en matière d'éducation dans tout le pays. Les exigences complètes de cet accord créeront un changement durable et donneront accès à l'éducation à des milliers d'élèves apprenant l'anglais à Newark."

"Notre bureau soutient fermement les droits civils de tous les étudiants, y compris les apprenants d’anglais," a déclaré Rachael A. Honig, procureuse fédérale par intérim pour le District du New Jersey. "Nous sommes heureux que le Conseil de Éducation de Newark ait accepté d'assumer pleinement son obligation de répondre aux besoins linguistiques de ses apprenants d’anglais et de résoudre les graves violations de la loi fédérale découvertes au cours de cette enquête. Nous continuerons à demander des comptes aux districts scolaires et aux autres agences d'éducation afin que tous les élèves du New Jersey bénéficient d'un accès égal aux opportunités éducatives." 

Le Ministère de la Justice surveillera la mise en œuvre de l'accord par le district pendant au moins trois années scolaires complètes, jusqu'à ce que le district se soit entièrement conformé à ses obligations. 

Note : Une copie complète de l'accord peut être consultée ici en anglais.

Ce communiqué de presse est également disponible en espagnol, portugais, créole haïtien et français.

L'application de la loi sur l'égalité des chances en matière d'éducation de 1974 est une priorité absolue de la Division des Droits Civils et du Bureau du Procureur des États-Unis pour le District du New Jersey. Des informations supplémentaires sur la Division des Droits Civils du Ministère de la Justice sont disponibles sur son site web à l'adresse http://www.justice.gov/crt, et des informations supplémentaires sur le travail de la section des opportunités éducatives sont disponibles à l'adresse https://www.justice.gov/crt/educational-opportunities-section. Les membres du public peuvent signaler d'éventuelles violations des droits civils à l'adresse https://civilrights.justice.gov/report/ ou au Bureau du Procureur des États-Unis pour le District du New Jersey à l'adresse http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint ou encore appeler la ligne d'assistance téléphonique pour les droits civils du Bureau du Procureur des États-Unis au (855) 281-3339.

A Florida man pleaded guilty yesterday in the Southern District of Florida for his role in a $73 million conspiracy to defraud Medicare by paying kickbacks to a telemedicine company to arrange for doctors to authorize medically unnecessary genetic testing. The scheme exploited temporary amendments to telehealth restrictions enacted during the COVID-19 pandemic that were intended to ensure access to care for Medicare beneficiaries.

According to court documents, Leonel Palatnik, 42, of Aventura, admitted that, as a co-owner of Panda Conservation Group LLC, he conspired with other co-owners, and with Michael Stein, the owner of 1523 Holdings LLC, to pay kickbacks to Stein in exchange for his work arranging for telemedicine providers to authorize genetic testing orders for Panda’s laboratories. Panda’s owners and Stein entered into a sham contract for purported IT and consultation services to disguise the true purpose of these payments. 1523 Holdings then exploited temporary amendments to telehealth restrictions enacted during the pandemic by offering telehealth providers access to Medicare beneficiaries for whom they could bill consultations. In exchange, these providers agreed to refer beneficiaries to Panda’s laboratories for expensive and medically unnecessary cancer and cardiovascular genetic testing.

Palatnik pleaded guilty to one count of conspiracy to offer kickbacks and one count of paying a kickback. He is scheduled to be sentenced on Nov. 9 and faces a maximum penalty of 15 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; Assistant Director Calvin Shivers 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. 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.

On May 17, 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.

The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,600 defendants who have collectively billed federal health care programs and private insurers for approximately $23 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

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.

https://www.justice.gov/opa/pr/justice-department-sues-guam-and-guam-retirement-fund-denying-servicemembers-proper-pension

The Justice Department announced today that it has filed suit against the Territory of Guam and the Guam Retirement Fund (GRF) alleging defendants violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when they refused to properly provide pension credit to servicemembers who used leave from Guam’s leave-sharing program while on active military duty. As a result, Guam and the GRF shorted the retirement benefits and pension annuities of at least five servicemembers and potentially many more.

USERRA is a federal statute that protects the civilian employment rights of the non-career individuals who serve in our armed forces. Among its protections, USERRA requires employers to treat an employee’s time in military service as service with the employer when determining pension benefits. The United States’ complaint filed in the U.S. District Court for the District of Guam contends Guam and its retirement fund failed to do that when they denied pension credit to servicemembers who used donated leave from Guam’s employee leave bank while on military duty.

“This complaint reinforces that the Justice Department will continue to vigorously enforce the protections provided by federal law to those who serve in our country’s armed forces at great personal cost,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “We owe a solemn duty to our servicemembers to act when any employer seeks to infringe on their hard-earned protections.”

“These servicemembers were called to active duty and they served honorably,” said U.S. Attorney Shawn N. Anderson for Guam and the Northern Mariana Islands. “Their many sacrifices should not include the loss of their civilian retirement benefits. Our office will continue to work hard to protect the employment rights of those who have served to protect all of us.”

The United States’ lawsuit asks the court to order defendants to stop denying servicemembers proper pension credit, identify all current and former employers who have been harmed by defendants’ discriminatory practice and properly credit those employees’ retirement funds or adjust their current pension benefits.

Trial Attorneys Joseph J. Sperber and Vendarryl Jenkins of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Mikel Schwab of the U.S. Attorney’s Office for the District of Guam are prosecuting the case.

The full and fair enforcement of USERRA is a top priority of the Justice Department’s Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.

Today the Justice Department announced a settlement agreement with Newark Public Schools to resolve the department’s investigation into the school district’s programs for its English learner students. The agreement ends the district’s longstanding and common practice of removing students from English learner programs before they become fluent in English. The district has agreed to improve services for English learner students so they can access the same educational opportunities as other students in the Newark Public Schools.

The department’s multi-year investigation uncovered wide-ranging failures to properly serve students learning English. The department found that the district failed to hire and retain enough qualified teachers to support its program, resulting in limited instruction time for some students, and for others, no language services at all. The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey investigated under the Equal Educational Opportunities Act of 1974.

“School districts must provide effective English learner services so that all students can create an American dream of their own,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue fighting to ensure compliance with our federal civil rights laws as we stand up for every student’s right to equal educational opportunities across our country. The comprehensive requirements in this settlement agreement will create lasting change and provide access to education for thousands of English learner students in Newark.”

“Our office steadfastly supports the civil rights of all students, including English learners,” said Acting U.S. Attorney Rachael A. Honig for the District of New Jersey. “We are pleased that the Newark Board of Education has agreed to fully embrace its obligation to meet the language needs of its English learners and resolve the serious violations of federal law uncovered during this investigation.  We will continue to hold school districts and other education agencies accountable so that all students in New Jersey have equal access to educational opportunities.”

The Justice Department will monitor the district’s implementation of the settlement agreement for at least three full school years until the district has fully complied with its obligations.

The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division and of the United States Attorney’s Office for the District of New Jersey. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.  Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/ or with the U.S Attorney’s Office for the District of New Jersey at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Hotline at (855) 281-3339.

View the Spanish translation of this press release here.

Today the U.S. Department of Justice announced the release of a guidance document to ensure state, county, and municipal governments comply with Section 2 of the Voting Rights Act concerning redistricting maps and methods of electing governmental bodies following the release of the 2020 Census redistricting data.

“The right to vote is the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland. “Discriminatory redistricting schemes or election practices threaten that fundamental right and are illegal. The guidance issued today makes clear that jurisdictions must abide by federal laws when redrawing their legislative maps and that the Justice Department will vigilantly assess jurisdictions’ compliance with those laws during the redistricting cycle.” 

“Our goal this redistricting season is simple: to ensure that new maps for city councils, school boards, county commissions, state legislatures, Congressional house seats and more do not discriminate on the basis of race, color or membership in a protected language minority group,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Department of Justice is using every tool in our arsenal to protect the right to vote for all Americans and to ensure that officials comply with federal voting laws during the decennial redistricting cycle now underway. This official guidance helps jurisdictions comply with the Voting Rights Act when redrawing electoral maps to ensure that all people have an equal and fair opportunity to elect representatives of their choice.”

The guidance document discusses how the department will conduct its review of these redistricting plans and methods of electing governmental bodies to evaluate compliance with Section 2 of the Voting Rights Act. The guidance document also describes how the department applies well-established case law while investigating and bringing enforcement actions under Section 2.

Today’s announcement follows Attorney General Garland’s recent commitment to expand the Justice Department’s efforts to safeguard voting rights. For a list of the department’s actions to protect voting rights, click here.

More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice’s website at www.justice.gov/crt/about/vot.

Members of the public are encouraged to send any complaints or comments regarding possible violations of the federal voting rights laws to the Voting Section. This can include complaints or comments about methods of election or districting plans that may violate Section 2 of the Voting Rights Act. Complaints and comments about discriminatory voting practices may be reported to the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.

For the guidance document on redistricting, click here.

Today, the Department of Justice announced the launch of the first phase of its Body-Worn Camera Program that requires department law enforcement personnel use body-worn cameras (BWCs) during pre-planned law enforcement operations. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Phoenix and Detroit Field Divisions began using BWCs today during these pre-planned operations. Over the course of the next several weeks, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI) and the U.S. Marshals Service (USMS) will begin the first phase of their BWC programs. The department’s plans include a phased implementation of BWCs, and rely upon Congress to secure the necessary funding to equip agents nationwide with BWCs.

“Keeping our communities safe is a top priority for the Justice Department,” said Attorney General Merrick B. Garland. “Law enforcement is at its most effective when there is accountability and trust between law enforcement and the community. That is why we have expanded our body worn camera program to our federal agents, to promote transparency and confidence, not only with the communities we serve and protect, but also among our state, local and Tribal law enforcement partners who work alongside our federal agents each day.”

“The Department of Justice recognizes the importance of transparency and accountability in its law enforcement operations,” said Deputy Attorney General Lisa Monaco. “Because there are circumstances where the use of force may occur during planned law enforcement operations, we are committed to the use of body-worn cameras by DOJ law enforcement agents in such circumstances. I am proud of the job performed by the department’s law enforcement agents, and I am confident that these policies will continue to engender the trust and confidence of the American people in the department’s work.”

“ATF welcomes the use of body worn cameras by our agents,” said Acting Director Marvin G. Richardson of the ATF. “The department’s policy reflects ATF’s commitment to transparency as we work to reduce firearm violence in our communities.”

“The Drug Enforcement Administration is committed to the safety and security of the people we serve, our agents, and task force officers,” said Administrator Anne Milgram of the DEA. “We welcome the addition of body worn cameras and appreciate the enhanced transparency and assurance they provide to the public and to law enforcement officers working hard to keep our communities safe and healthy.”

“The FBI remains committed to meeting the need for transparency,” said FBI Director Christopher Wray. “Phasing in the use of BWCs is another, important way for us to meet that need.”

“Every day USMS task forces lawfully apprehend violent criminals with the utmost professionalism," said Director Donald Washington of the U.S. Marshals Service. "We continue striving to fortify the public’s trust in our responsibility to uphold the rule of law while keeping communities safe as we have for more than two centuries. Body worn cameras increase the transparency of law enforcement activities, and we will work to obtain the necessary resources to fully execute our body-worn camera program. As we do so, Deputy United States Marshals – along with thousands of local task force officers on USMS-led task forces – will continue to safeguard communities from violent criminals, drug traffickers and threats of terrorism. These interagency task force operations are crucial to public safety.” 

On June 7, based on recommendations from the Department’s law enforcement components, Deputy Attorney General Lisa Monaco directed the ATF, DEA, FBI and USMS to develop individualized comprehensive policies that require agents to wear and activate BWC recording equipment for purposes of recording their actions during: (1) a pre-planned attempt to serve an arrest warrant or other pre-planned arrest, including the apprehension of fugitives sought on state and local warrants; or (2) the execution of a search or seizure warrant or order. Consistent across each of these policies is a presumption that BWC recordings depicting conduct resulting in serious bodily injury or death of another will be released as soon as practical.   

The use of BWCs by federal agents builds upon the department’s October 2019 pilot program and October 2020 policy announcement to permit federally deputized task force officers to activate BWCs during these pre-planned law enforcement operations. Since October 2020, ATF, DEA, FBI and USMS have been integrating the use of BWCs on federal task forces around the nation. The department continues to encourage participating task force agencies to contact the sponsoring federal agency for more information about their BWC program.

A Long Island, New York, business owner in the construction industry was sentenced to one year and one day in prison yesterday for employment tax fraud.

According to court documents and statements made in court, Edward Hansen owned and operated a steel erection businesses in Suffolk County. From 2008 to 2011, the IRS assessed more than $480,000 in penalties against Hansen for his failure to pay over employment taxes on behalf of several of these businesses. In the spring of 2011, after receiving another notification from IRS that he was liable for payroll taxes, Hansen closed County Steel Inc. and proceeded to operate the same steel erection business under the name BR-Teck. Hansen made another individual the nominal “President” of BR-Teck. Hansen, however, continued to operate the business and continued to not pay over employment taxes. From January 2012 through June 2017, Hansen did not pay the IRS more than $950,000 in payroll taxes withheld from the wages of BR-Teck’s employees.

In addition to the term of imprisonment, U.S. District Judge Denis R. Hurley ordered Hansen to serve two years of supervised release and to pay a $5,000 fine.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York made the announcement.

IRS-Criminal Investigation investigated the case.

Trial Attorney Kathryn Sparks and former Trial Attorneys Abigail Burger Chingos and Jeffrey B. Bender of the Tax Division prosecuted the case.

WASHINGTON - El Departamento de Justicia anunció hoy un acuerdo de conciliación con las escuelas públicas de Newark para resolver la investigación que realizó el Departamento sobre los programas que ofrece el distrito escolar a sus estudiantes de inglés. El acuerdo pone fin a la práctica habitual y de larga duración por parte del distrito de sacar a los estudiantes de los programas para aprender inglés antes de que dominen el idioma. El distrito ha acordado mejorar los servicios para estudiantes de inglés de manera que puedan acceder a las mismas oportunidades educativas que los demás estudiantes de las escuelas públicas de Newark.

La investigación que realizó el Departamento durante varios años reveló una gran cantidad de fallos que impedían atender adecuadamente a los estudiantes de inglés. El Departamento descubrió que el distrito no contrató ni conservó a suficientes maestros cualificados para respaldar su programa, lo que dio como resultado que algunos estudiantes recibieran un tiempo limitado de instrucción y que otros no recibieran ningún tipo de servicio lingüístico. La División de Derechos Civiles y la Fiscalía Federal del Distrito de Nueva Jersey realizaron esta investigación en virtud de la Ley de Igualdad de Oportunidades Educativas de 1974.

“Los distritos escolares deben proporcionar servicios eficaces para los estudiantes de inglés, de modo que todos los estudiantes puedan crear su propio sueño americano”, dijo Kristen Clarke, fiscal general auxiliar de la División de Derechos Civiles del Departamento de Justicia. “Seguiremos luchando para garantizar el cumplimiento de nuestras leyes federales de derechos civiles mientras defendemos el derecho de todos los estudiantes a la igualdad de oportunidades educativas en todo nuestro país. Los amplios requisitos de este acuerdo de conciliación crearán un cambio duradero y proporcionarán acceso a la educación a miles de estudiantes de inglés en Newark”.

“Nuestra oficina apoya firmemente los derechos civiles de todos los estudiantes, incluidos los estudiantes de inglés”, dijo Rachael A. Honig, la fiscal de los EE. UU. en funciones del distrito de Nueva Jersey. “Nos complace que la Junta de Educación de Newark haya aceptado asumir plenamente su obligación de satisfacer las necesidades lingüísticas de sus estudiantes de inglés y de resolver las graves violaciones a la ley federal descubiertas durante esta investigación. Seguiremos exigiendo a los distritos escolares y a otras agencias educativas que se responsabilicen para que todos los estudiantes de Nueva Jersey puedan acceder a las mismas oportunidades educativas”.

El Departamento de Justicia supervisará la implementación del acuerdo de conciliación por parte del distrito durante al menos tres cursos escolares completos hasta que el distrito haya cumplido plenamente con sus obligaciones.

Nota: Aquí puede consultar una copia completa del acuerdo de conciliación en inglés.

Este comunicado de prensa también está disponible en español, portugués, criollo haitiano y francés.

La aplicación de la Ley de Igualdad de Oportunidades Educativas de 1974 es una de las principales prioridades de la División de Derechos Civiles y de la Oficina del Fiscal de los Estados Unidos para el Distrito de Nueva Jersey. Puede encontrar más información sobre la División de Derechos Civiles del Departamento de Justicia en su sitio web www.justice.gov/crt, y más información sobre el trabajo de la Sección de Oportunidades Educativas en https://www.justice.gov/crt/educational-opportunities-section. El público puede denunciar posibles violaciones de los derechos civiles en https://civilrights.justice.gov/report/, con la Oficina del Fiscal de los Estados Unidos para el Distrito de Nueva Jersey en http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint o puede llamar a la línea directa de derechos civiles de la Oficina del Fiscal de los Estados Unidos al (855) 281 - 3339.

WACHINTONN – Jodi a, ministè lajistis te anonse yon akò règleman avèk lekòl piblik Newark yo pou mete yon bout nan ankèt ministè a sou pwogram, distrik eskolè a pou elèv li yo k ap aprann anglè. Akò a mete yon bout nan ansyen pratik ak depi lontan distrik lan ki vize pou retire elèv pwogram aprantizaj anglè yo avan yo pale lang sa byen. Distrik la te aksepte amelyore sèvis yo pou elèv k ap aprann anglè pou yo kapab gen aksè ak menm opòtinite edikativ menm jan ak lòt elèv lekòl piblik Newark yo. 

Ankèt plizyè ane ministè a te montre gwo mankman nan sa ki konsène sèvis pou elèv k ap aprann anglè yo. Depatman an te dekouvri distrik la pa t reyisi bay ase anseyan kalifye travay epi kenbe yo pou yo soutni pwogram li an, sa ki te gen kòm konsekans yon tan edikasyon ki limite pou kèk elèv, epi pou lòt yo, pa gen okenn sèvis lengistik ditou. Divizyon dwa sivil yo ak biwo pwokirè Etazini an pou distrik New Jersey a te ankete selon lalwa 1974 la sou egalite chans yo nan sa ki gen pou wè ak edikasyon.

“Distrik eskolè yo dwe bay sèvis efikas ak moun k ap aprann anglè yo, sa k ap pèmèt tout elèv yo kapab reyalize pwòp rèv ameriken yo”, se sa asistant pwokirè jeneral la Kristen Clarke, pou divizyon dwa sivil yo nan ministè lajistis te deklare. “Nou pral kontinye batay pou asire respè lwa federal nou yo sou dwa sivil yo, tout pandan n ap defann dwa chak elèv ak egalite chans yo nan sa ki konsène edikasyon nan tout peyi a. Obligasyon total akò sa sou règleman an pral kreye yon chanjman dirab epi pral bay aksè ak edikasyon ak plizyè milye elèv k ap aprann anglè nan Newark”. 

“Biwo nou an ap soutni avèk fòs dwa sivil tout etidyan yo, ak sa ki ap aprann anglè yo”, se sa Rachael A. Honig, pwokirè ameriken pwovizwa pou distrik New Jersey a te deklare. “Nou kontan Konsèy Edikasyon Newark la te aksepte pran an chaj san rezèv obligasyon li an pou reponn ak bezwen lengistik moun pa li yo k ap aprann anglè epi rezoud gwo vyolasyon lwa federal yo te dekouvri pandan ankèt sa. Nou pral kontinye mande kont ak distrik eskolè yo ak lòt òganizasyon edikativ, sa k ap pèmèt tout elèv New Jersey yo benefisye yon aksè san fòs kote ak opòtinite edikativ yo”. 

Ministè Lajisits pral siveye jan akò règleman distrik la pral kòmanse pandan pou pi piti twa ane eskolè konplè, jiskaske distrik la konfòme l ak obligasyon li yo an antye. 

Nòt : Yon kopi konplè akò règleman an kapab konsilte isit la an anglè. 

Kominike pou laprès sa disponib tou an espanyòl, pòtigè, kreyòl ayisyen ak fransè. 

Aplikasyon lalwa 1974 la sou egalite chans yo nan sa ki konsène edikasyon se yon priyorite total pou Divizyon dwa sivil yo ak biwo pwokirè Etazini an pou distrik New Jersey a. Enfòmasyon anplis yo sou Divizon dwa sivil yo pou ministè Lajisits disponib sou sit wèb li an nan adrès www.justice.gov/crt, ak enfòmasyon anplis yo sou travay Seksyon opòtinite edikativ yo disponib nan adrès https://www.justice.gov/crt/educational-opportunities-section. Manm piblik yo kapab siyale vyolasyon dwa sivil pwobab yo nan adrès https://civilrights.justice.gov/report/ oswa nan biwo pwokirè a pou distrik New Jersey nan adrès http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint oswa rele liy asistans telefonik la pou dwa sivil yo nan biwo pwokirè a nan (855) 281 - 3339. 

A Justice Department report released today found that San Luis Obispo County (California) Jail violated the rights of prisoners by, among other things, failing to provide adequate medical care and subjecting some prisoners to excessive uses of force. The report calls upon the jail to make changes to address the constitutional violations found during an investigation. The U.S. Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Central District of California conducted the investigation.

The Justice Department concluded that there is reason to believe that the practices at the jail violate the Eighth and Fourteenth Amendments of the Constitution and the Americans with Disabilities Act (ADA). Specifically, the department concluded that there is reasonable cause to believe that the jail fails to provide constitutionally adequate medical and mental health care to prisoners; that the jail violates the constitutional rights of prisoners with serious mental illness through its prolonged use of restrictive housing; that the jail violates the constitutional rights of prisoners through the use of excessive force; and that the jail violates the ADA by denying prisoners with mental health disabilities access to services, programs and activities because of their disabilities.

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

“Our Constitution guarantees that all people held in jails and prisons across our country are treated humanely, and that includes providing access to necessary medical and mental health care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “After a comprehensive investigation, we found that San Luis Obispo Jail harms the people it incarcerates by subjecting them to excessive force and by failing to provide adequate medical and mental health care. The Justice Department hopes to continue to work with the jail to resolve these systemic problems.”

“San Luis Obispo County violated the rights of prisoners in its jail in several ways, including failing to provide adequate health care and subjecting some prisoners to excessive force,” said Acting U.S. Attorney Tracy L. Wilkison for the Central District of California. “Our office is dedicated to defending the civil rights of everyone in this district, including those behind bars.”

The Civil Rights Division and the U.S. Attorney’s Office for the Central District of California initiated the investigation in October 2018 under CRIPA and Title II of the ADA, which authorize the department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities. Individuals with relevant information are encouraged to contact the department by phone at (844) 710-4900, or by email at usacac.slo@usdoj.gov.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

Additional information about the Civil Rights Section of the U.S. Attorney’s Office is available at https://www.justice.gov/usao-cdca/civil-division/civil-rights. You can contact the Civil Rights Section by emailing usacac.cv-civilrights@usdoj.gov or calling (213) 894-2879. You can also report civil rights violations to the Section by completing the complaint form available at https://www.justice.gov/usao-cdca/file/1560286/download.  

U.S. Associate Attorney General Vanita Gupta this morning spoke with European Commission Executive Vice-President Margrethe Vestager. In their inaugural conversation, the two leaders discussed the Justice Department and European Commission’s mutual interest in promoting competition in a fair, global marketplace and building stronger transatlantic cooperation on justice issues and antitrust enforcement.

They also discussed important ongoing investigations, digital market cases, and policy proposals. Associate Attorney General Gupta also conveyed Attorney General Garland’s strong commitment to an aggressive antitrust enforcement program.

The two leaders agreed to continue to work together to share expertise and ideas between the department and European Commission staff and to deepen cooperation that will benefit the people and economies of both jurisdictions.

The Justice Department and the Office of the Comptroller of the Currency (OCC) today announced coordinated actions to address allegations of lending discrimination by Cadence Bank N.A.

The department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Georgia announced an agreement to resolve allegations that Cadence Bank, which is headquartered in Atlanta, engaged in lending discrimination by “redlining” predominantly Black and Hispanic neighborhoods in the Houston, metro area. Under the department’s settlement, Cadence will invest over $5.5 million to increase credit opportunities for residents of those neighborhoods. “Redlining” is an illegal practice in which lenders avoid providing services to individuals living in communities of color because of the race, color or national origin of the people who live in those communities.

Additionally, Cadence’s prudential regulator, the OCC, announced today that it has assessed penalties against the bank in the amount of $3 million related to the violations alleged in the department’s complaint. The department opened its investigation after the OCC referred the matter.

The Justice Department’s settlement will resolve a lawsuit filed today in the U.S. District Court for the Northern District of Georgia. In its complaint, the department alleges that Cadence Bank violated the Fair Housing Act and the Equal Credit Opportunity Act, which prohibit financial institutions from discriminating on the basis of race, color or national origin in their mortgage lending services. Specifically, the complaint alleges that, from 2013 to 2017, Cadence engaged in unlawful redlining in the Houston area by avoiding predominantly Black and Hispanic neighborhoods because of the race, color and national origin of the people living in those neighborhoods. The department also alleges that Cadence’s branches were concentrated in majority-white neighborhoods, that the bank’s loan officers did not serve the credit needs of majority-Black and Hispanic neighborhoods and that the bank’s outreach and marketing avoided those neighborhoods.

“When banks fail to provide equal access to credit in communities of color, they violate our civil rights laws and they deprive people in those communities of the opportunity to build wealth,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Redlining is an illegal practice that has far-reaching consequences for people of color, their families and for the neighborhoods where they live. The Civil Rights Division will continue to enforce our nation’s fair lending laws to ensure that qualified applicants and borrowers can access credit and invest in their financial futures without facing unlawful barriers.”  

“There is no place for discrimination in the federal banking system,” said Acting Comptroller of the Currency Michael J. Hsu. “The OCC will use the full force of our authority to correct fair lending violations with our supervisory and enforcement tools, including civil money penalties, cease and desist orders, and requiring restitution for customers harmed as a result of any discriminatory practices.”

“The Fair Housing Act and Equal Credit Opportunity Act are intended to provide equal treatment for all people in their pursuit of home ownership and financing,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “This case highlights the need for vigilance in addressing practices which treat certain communities unfairly and has led to an agreement with Cadence Bank intended to improve the fairness of its business practices and to make remedial financial investments in the negatively impacted communities. This office will continue in its efforts to eliminate housing and credit discrimination.”

Under the department’s settlement, which was approved by the District Court on Aug. 31, 2021, Cadence will invest $4.17 million in a loan subsidy fund for residents of predominantly Black and Hispanic neighborhoods in the Houston area, $750,000 for development of community partnerships to provide services that increase access to residential mortgage credit in those neighborhoods, and at least $625,000 for advertising, outreach, consumer financial education, and credit repair initiatives. The bank will dedicate at least four mortgage loan officers to majority-Black and Hispanic neighborhoods in Houston and open a new branch in one of those neighborhoods. Cadence will employ a director of community lending and development who will oversee these efforts and work in close consultation with the bank’s leadership. The bank will take these steps in addition to other fair lending measures it has already put in place.   

Cadence Bank’s assets total over $18 billion. In addition to Texas, the bank has branches in Alabama, Florida, Georgia, Mississippi and Tennessee. Its mortgage lending in the Houston area accounts for approximately 40 percent of its total home mortgage business.

The department’s Civil Rights Division and the OCC have long been engaged in work that seeks to make mortgage credit and homeownership accessible to all Americans on the same terms, regardless of race or national origin, and regardless of the neighborhood where they live. In January 2021, President Biden reaffirmed the critical role of the federal government in addressing legacies of housing segregation and discrimination, declaring that it is the policy of this Administration to eliminate “racial bias and other forms of discrimination in all stages of home-buying and renting.” See Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies, The White House (Jan. 26, 2021).

The Justice Department’s enforcement of fair lending laws is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section. Additional information about the Section’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online.

Arizona-based Gear Box Z (GBZ) has agreed to stop manufacturing and selling aftermarket automotive products widely known as “defeat devices,” that, when installed, bypass, defeat or render inoperative Environmental Protection Agency (EPA)-certified emission controls on motor vehicles thereby increasing emissions and harming air quality.

In January 2020, the United States sued GBZ, which manufactured and sold thousands of defeat devices, alleging that these devices violated the Clean Air Act (CAA). In March 2021, the court found that the United States would likely prevail on the merits of its case that GBZ’s products are defeat devices, and issued a preliminary injunction ordering GBZ to immediately halt the illegal sale of the devices. In its decision, the court found that the continued selling of these defeat devices would cause irreparable harm by increasing motor vehicle emissions that impair human health and the environment.  

“This lawsuit and settlement show that the United States will vigorously enforce the Clean Air Act, including its prohibition of illegal devices that disable emission controls and harm the environment and public health,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD).

“Defeat devices in automobiles and trucks can significantly increase emissions of hazardous air pollutants,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “Businesses manufacturing and selling illegal aftermarket defeat devices should take note that this is a priority enforcement focus for EPA and we will continue to actively investigate these violations of the Clean Air Act.”

The settlement prohibits GBZ from manufacturing and selling any defeat devices; it also bars GBZ and its owners from selling or transferring any intellectual property associated with these products, providing technical support for these products, and investing in or obtaining revenue from other companies’ manufacture and sales of defeat devices. Under the settlement, GBZ and its owners will pay a civil penalty of $10,000, which was based on their financial situation.

Tampering with diesel-powered vehicles by installing defeat devices can cause large amounts of nitrogen oxide (NOx) and particulate matter emissions, both of which contribute to serious public health problems. EPA expects that GBZ’s defeat devices will cause excess NOx and particulate matter emissions over the anticipated remaining life of the diesel pickup trucks equipped with them. By stopping the manufacture and sale of these products, this settlement will prevent harmful emissions from diesel trucks that, if outfitted with GBZ’s products, would pollute far more than the regulations allow. Such emissions can cause premature death, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Numerous studies also link diesel exhaust to increased incidence of lung cancer. Respiratory issues disproportionately affect families, especially children, living in underserved communities overburdened by pollution. Stopping the sale and use of defeat devices will help prevent harmful air pollution that exacerbates the health effects of pollutant exposures. 

Stopping the manufacture, sale, and installation of defeat devices on vehicles and engines used on public roads as well as on nonroad vehicles and engines is a priority for EPA. To learn more, visit: https://www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.

The consent decree for this settlement was lodged in the U.S. District Court for the District of Arizona and is subject to a 30-day public comment period and final court approval. A copy of the decree, and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees. 

For more information on this settlement: https://www.epa.gov/enforcement/gear-box-z-inc-clean-air-act-settlement.

If you suspect someone is manufacturing, selling, or installing illegal defeat devices, or is tampering with emission controls, tell the EPA by writing to tampering@epa.gov

WASHINGTON, D.C. – El Departamento de Justicia y la Oficina del Controlador de la Moneda (OCC, por sus siglas en inglés) anunciaron hoy una serie de medidas coordinadas para hacer frente a alegaciones de discriminación en el ámbito crediticio por parte del banco Cadence Bank, N.A. La División de Derechos Civiles del Departamento y la Fiscalía Federal para el Distrito Norte de Georgia anunciaron un acuerdo para la resolución de alegaciones de que Cadence Bank, con sede en Atlanta, Georgia, discriminó en el ámbito crediticio al «excluir» a barrios cuyos residentes son principalmente negros e hispanos en la zona metropolitana de Houston, Texas. Conforme la conciliación del Departamento, Cadence invertirá más de $5.5 millones para aumentar el número de oportunidades crediticias de residentes de aquellos barrios. La «exclusión» es una práctica ilegal en la que prestamistas evitan la prestación de servicios a individuos que viven en comunidades de color por motivos de la raza, el color de piel o el origen nacional de las personas que viven en tales comunidades.

Además, el regulador prudencial de Cadence, la OCC, anunció hoy que ha aplicado una sanción al banco por un importe que asciende a $3 millones, en conexión con las infracciones alegadas en la demanda del Departamento. Después de que la OCC refirió el asunto, el Departamento inició su investigación.

El acuerdo del Departamento de Justicia resolverá un pleito entablado hoy ante el Tribunal Federal de Distrito para el Distrito Norte de Georgia. En su demanda, el Departamento alega que Cadence Bank vulneró la ley de Vivienda Justa y la ley de Igualdad de Oportunidades de Crédito, las que prohíben que las instituciones financieras discriminen a los individuos por motivos de su raza, color de piel u origen nacional en sus servicios de financiación hipotecaria. En concreto, la denuncia alega que, entre el 2013 y el 2017, Cadence empleó medidas ilegales de exclusión en la zona de Houston al evitar barrios cuyos residentes eran principalmente negros o hispanos, por motivos de la raza, el color de piel o el origen nacional de las personas que vivían en tales barrios. Asimismo, el Departamento alega que las sucursales de Cadence estaban concentradas en barrios donde la mayoría eran blancos, que los oficiales de crédito del banco no satisfacían las necesidades de barrios donde la mayoría eran negros o hispanos y que el alcance y mercadeo del banco evitaban esos barrios.

«Cuando los bancos no facilitan la igualdad de acceso al crédito en comunidades de color, están vulnerando nuestras leyes de derechos civiles y privando a la gente en esas comunidades de la oportunidad de generar riqueza», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La exclusión es una práctica ilegal que tiene consecuencias de gran alcance para personas de color, sus familias y los barrios en los que viven. La División de Derechos Civiles seguirá haciendo cumplir las leyes de préstamos justos para asegurar que solicitantes y prestatarios cualificados puedan acceder al crédito e invertir en sus futuros financieros sin enfrentarse a barreras ilegales». 

«No hay lugar para la discriminación en el sistema bancario federal», declaró el Controlador Interino de la Moneda, Michael J. Hsu. «La OCC empleará toda la fuerza de nuestra autoridad para corregir infracciones de las leyes de préstamos justos mediante nuestras herramientas de supervisión y aplicación, entre ellas sanciones civiles monetarias, ordenes de cese y requerir restitución para consumidores perjudicados como resultado de cualquier práctica discriminatoria que hubiese».

«El propósito de ley de Vivienda Justa y la ley de Igualdad de Oportunidades de Crédito es tratar por igual a todo individuo durante el proceso de comprar y financiar una casa», dijo el Fiscal Federal Interino para el Distrito Norte de Georgia, Kurt R. Erskine. «Este caso resalta la necesidad de vigilancia a la hora de abordar prácticas que tratan a ciertas comunidades de una forma injusta y ha llevado a un acuerdo con Cadence Bank, el propósito del cual es mejorar la justicia de sus prácticas empresariales y realizar inversiones financieras correctivas en las comunidades impactadas. Esta oficina seguirá luchando por eliminar la discriminación en la vivienda y el ámbito crediticio».

Conforme la conciliación del Departamento, que fue aprobada por el Tribunal Federal de Distrito el 31 de agosto del 2021, Cadence invertirá $4.17 millones en un fondo de préstamos subsidiados para residentes de barrios en la zona de Houston cuyos residentes son principalmente negros o hispanos, $750,000 en la formación de alianzas comunitarias para la prestación de servicios que mejoran el acceso a créditos hipotecarios residenciales en esos barrios y al menos $625,000 en iniciativas de publicidad, alcance comunitario, educación financiero para el consumidor y reparaciones de crédito. El banco dedicará al menos cuatro oficiales de crédito hipotecario a barrios de mayoría negra o hispana en Houston y abrirá una nueva sucursal en uno de esos barrios. Cadence empleará a un director de desarrollo y préstamos comunitarios que supervisará estos esfuerzos y trabajará en estrecha consulta con el liderazgo del banco. El banco tomará estas medidas, además de otras medidas de préstamos justos que ya ha implementado. 

Los activos de Cadence Bank ascienden a más de $18 mil millones. Además de Texas, el banco tiene sucursales en Alabama, Florida, Georgia, Mississippi y Tennessee. Sus préstamos hipotecarios en la zona de Houston representan aproximadamente el 40 por ciento de sus negocios hipotecarios residenciales.

La División de Derechos Civiles del Departamento y la OCC han trabajado durante mucho tiempo para hacer que todo estadounidense pueda acceder al crédito hipotecario bajo las mismas condiciones, independientemente de su raza u origen nacional o del barrio en que vive. En enero del 2021, el presidente Biden reafirmó el papel crítico del gobierno federal en enfrentar legados de segregación y discriminación en la vivienda y declaró que su gobierno tiene la política de eliminar «sesgos racionales y otros tipos de discriminación en todas las fases del alquiler y la compra de una vivienda». Véase el Memorando sobre la Reparación de la historia de nuestro país y gobierno federal de prácticas y políticas discriminatorias en la vivienda, la Casa Blanca (26 de enero del 2021).

La aplicación del Departamento de Justicia de las leyes de préstamos justos la dirige la Sección de Vivienda y Cumplimiento de la Ley Civil de la División de Derechos Civiles. Para más información sobre los esfuerzos de la Sección por hacer cumplir las leyes de préstamos justos, vaya a www.justice.gov/fairhousing. Los individuos pueden denunciar incidentes de discriminación en el ámbito crediticio llamando a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1-833-591-0291 o entregando un informe en línea.

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Mr. David’s Flooring International LLC (Mr. David’s), a Chicago-based commercial flooring contractor, pleaded guilty after being charged for its role in a long-running conspiracy to rig bids and fix prices for commercial flooring products and services, and for its role in a money laundering conspiracy involving kickbacks.

Mr. David’s agreed to pay at least a $1.2 million criminal fine for its role in the conspiracies. Mr. David’s is the third corporation charged in the ongoing investigation; five individuals have also been charged to date.

“We remain committed to prosecuting those who choose to subvert the competitive process and eliminate competition,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “Today’s guilty plea — the eighth charge to date in the ongoing investigation — demonstrates our commitment to protect consumers and ensure they benefit from a competitive marketplace.”

“Price fixing has no place in a fair and open marketplace,” said Special Agent in Charge Emmerson Buie Jr. of the FBI’s Chicago Field Division. “This guilty plea is another example of our firm commitment to safeguarding American citizens and businesses.”

According to a two-count felony charge filed in the U.S. District Court in Chicago, Illinois, Mr. David’s conspired with other companies to rig bids for commercial flooring by agreeing which company would win the bid, and which would submit a complementary, intentionally-losing bid. Mr. David’s participated in the conspiracy from at least as early as 2009 until at least June 22, 2017.

The second count charges Mr. David’s with conspiring to launder money to conceal kickback payments the company made to Carter Brett, an account executive for a large flooring manufacturer, in exchange for unauthorized discounts. According to the charge, Mr. David’s issued checks to a shell corporation established by Brett for the sole purpose of receiving the illegal kickback payments, and Mr. David’s and its co-conspirators carried out the conspiracy from at least as early as 2013 until as late as June 13, 2018.

A violation of the Sherman Act carries a statutory maximum penalty of a $100 million criminal fine for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine. Conspiring to commit money laundering carries a statutory maximum penalty of $500,000. The maximum fine may be increased to twice the value of the property involved in the money laundering transactions, if that amount is greater than the statutory maximum fine.

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

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

Attorney General Merrick B. Garland issued the following statement on the FBI’s announcement of the 2020 Hate Crimes Statistics:

“Preventing and responding to hate crimes and hate incidents is one of the Justice Department’s highest priorities. The FBI Hate Crime Statistics for 2020 demonstrates the urgent need for a comprehensive response.

“Last year saw a 6.1% increase in hate crime reports, and in particular, hate crimes motivated by race, ethnicity and ancestry, and by gender identity. These numbers confirm what we have already seen and heard from communities, advocates and law enforcement agencies around the country. And these numbers do not account for the many hate crimes that go unreported. 

“These statistics show a rise in hate crimes committed against Black and African-Americans, already the group most often victimized. Notably, they show a rise in hate crimes committed against members of the Asian-American Pacific Islander community. This also confirms what we have seen and heard through our work and from our partners.

“These hate crimes and other bias-related incidents instill fear across entire communities and undermine the principles upon which our democracy stands. All people in this country should be able to live without fear of being attacked or harassed because of where they are from, what they look like, whom they love or how they worship.

“Our commitment to investigating and prosecuting hate crimes is deeply rooted in the department’s founding. At my direction, the department has rededicated itself to combating unlawful acts of hate, including by improving incident reporting, increasing law enforcement training and coordination at all levels of government, prioritizing community outreach and making better use of civil enforcement mechanisms. All of these steps share common objectives: deterring hate crimes and bias-related incidents, addressing them when they occur, supporting those victimized by them and reducing the pernicious effects these incidents have on our society.”

More information about the department’s response to hate crimes is available at https://www.justice.gov/hatecrimes. For more information on the department’s actions to combat hate crimes, click here.

Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands announced that defendant William Topasna Mantanona, age 65, from Chalan Pago, Guam was sentenced in the United States District Court of the Guam to six months imprisonment for False Statement in violation of 18 U.S.C. §§ 1001(a)(2) and 2.  The Court also ordered two years of supervised release following imprisonment, a mandatory $5,000 fine, and $100 special assessment fee. 

During November 2018, the matter of United States v. Raymond John Martinez and Juanita Marie Quitugua Moser, Criminal Case No. 15-00031, went to trial before the United States District Court for the District of Guam.  William T. Mantanona contacted a juror in an effort to affect the outcome of the trial.  Federal agents recorded conversations of this activity between Mantanona and a third party.  A mistrial was later declared after jurors were unable to reach an agreement on a verdict.  Agents then questioned Mantanona, who provided a false statement concerning the juror interference.  Mantanona stated that he never discussed a not guilty vote with a specific juror in the ongoing trial knowing full well that this statement was false.  The United States Attorney’s Office referred the case involving Martinez and Moser to the Central District of California for prosecution, which resulted in convictions.

United States Attorney Anderson stated, “The United States Constitution provides for a speedy and public trial by an impartial jury.  Although this Sixth Amendment right protects criminal defendants, the public also has an interest in fair and impartial court proceedings.  Mantanona’s conduct was an affront to this basic concept of the rule of law.  Such conduct taints our well-placed faith in trial by jury.  This matter was therefore worthy of aggressive prosecution.  Our office applauds the great work by the FBI and HSI, as well as the Court’s strong message of accountability.”

FBI Honolulu Division Special Agent in Charge Steven Merrill stated that, "Today's sentencing of William Mantanona sends a message that any attempt to corrupt the system of justice, will be met with severe consequences. Mantanona's participation in a scheme to influence a juror threatened the integrity of court proceedings which are the foundation of our justice system. The FBI takes its mission of protecting the American public seriously. We are dedicated to conducting thorough investigations and are committed to ensuring the subjects of our investigations get a fair trial before a truly impartial jury." 

This case was investigated by the Federal Bureau of Investigation and Homeland Security Investigations. The case was prosecuted by Rosetta San Nicolas, Assistant United States Attorney in the District of Guam.

A federal grand jury in New Orleans, Louisiana, returned an indictment today charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.

According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.

Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.

The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.

Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana 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.

Today, Deputy Attorney General Lisa Monaco announced the creation of a new Cyber Fellowship program, designed to develop a new generation of prosecutors and attorneys equipped to handle emerging national security threats.

“As we have witnessed this past year, cyber threats pose a significant and increasing risk to our national security, our economic security, and our personal security,” said Deputy Attorney General Monaco. “We need to develop the next generation of prosecutors with the training and experience necessary to combat the next generation of cyber threats. This Fellowship gives attorneys a unique opportunity to gain the well-rounded experience they need to tackle the full range of those threats.”

The creation of the Fellowship, which will be coordinated through the Criminal Division’s Computer Crime and Intellectual Property Section, is a recommendation from the department’s ongoing comprehensive cyber review, ordered by Deputy Attorney General Monaco this past May. The review is aimed at developing actionable recommendations to enhance and expand the Justice Department’s efforts against cyber threats.

Cyber Fellowship Details

The three-year Cyber Fellowship will provide selected attorneys experience combating emerging national security and criminal cyber threats, while rotating through multiple department components that protect the nation from cyber threats — including the Criminal Division, the National Security Division and the U.S. Attorneys’ Offices. Through this unique opportunity, Fellows will handle a broad range of the cyber cases performed by the department and gain a comprehensive understanding of the department’s response to emerging and critical threats. Fellows can expect to investigate and prosecute state-sponsored cyber threats; transnational criminal groups; infrastructure and ransomware attacks; and the use of cryptocurrency and money laundering to finance and profit from cyber-based crimes.

Incoming Fellows must agree to a three-year commitment to the program and be able to secure a Top Secret security clearance. All Fellows will be based in the Washington, D.C. area. Fellows may be extended or converted to permanent positions without further competition or may reapply to the Honors Program in a subsequent year provided they meet eligibility criteria. Alternatively, as they approach the end of their three-year term, Fellows may apply to permanent positions within the department that align with their interest.

Application Details 

The first track of Cyber Fellowship applications will be accepted through the Justice Department’s Honors Program application portal, which can be found here. Applicants who have applied to or are in the process of applying to this year’s Honors Program should indicate that they would also like to be considered for the Cyber Fellowship. Candidates must meet Honors Program eligibility criteria to apply through the Honors application portal. The deadline for this first round is Sept. 8. Information regarding deadlines and eligibility to submit applications to the Cyber Fellowship through subsequent tracks is forthcoming.

Inquiries about the Cyber Fellowship can be submitted to Cyber.Fellows@usdoj.gov.

Today, Attorney General Merrick B. Garland convened a virtual discussion with a bipartisan group of over 1,400 election officials to discuss mounting and persistent threats to the safety of election officials and workers across the country, and the Justice Department’s recently launched Election Threats Task Force. Attorney General Garland was joined by Deputy Attorney General Lisa O. Monaco; Associate Attorney General Vanita Gupta; and Director of the FBI Christopher A. Wray.

Attorney General Garland reiterated that the right to vote is the foundation of our democracy, and the right from which all other rights flow. Our democracy depends on protecting the right of eligible voters to vote, and also on protecting those who administer and safeguard our electoral system. He made clear that the Justice Department will not tolerate threats to, or intimidation of, election officials and election workers, and that the Department is committed to supporting them as they fulfill their public duties. Attorney General Garland also stressed that communication between federal law enforcement and election officials is key to combating threats, and that meetings like today’s are an integral part of fostering strong working relationships. His full remarks are available here.

Announced by Deputy Attorney General Monaco in June, the Election Threats Task Force is composed of the Department’s Criminal Division’s Public Integrity Section, the Civil Rights Division’s Voting and Criminal Sections, and the National Security Division’s Counterterrorism Section, as well as the FBI’s Criminal Investigative Division and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. Deputy Attorney General Monaco provided an overview of how the Task Force unites subject matter experts from those offices and agencies to engage with state and local election agencies to better understand and deter threats to elections.

Associate Attorney General Gupta further elaborated on how the Civil Rights Division is participating in the Task Force and working more broadly to protect the right to vote and our country’s electoral processes. She also made participants aware of VictimConnect, a weekday helpline funded by the Office of Victims of Crime that connects victims of crimes and threats to trained professionals who can provide emotional support, information and referrals in over 200 languages by calling or texting 1-855-484-2846 (855-4VICTIM).

Director Wray explained how the FBI’s Election Crimes Coordinators — FBI Special Agents across all 56 FBI Field Offices — work with state and local election officials on election crime matters. He also stressed the importance of reporting all election-related threats and troubling communications to the FBI, even if it is unclear whether there is a violation of federal law, so that law enforcement can investigate, identify trends and share information with partners across the country.

Elections officials, including three secretaries of state, a state election director, and a county election supervisor had the opportunity to address and ask questions of the Attorney General and the Department leadership. The meeting ended with a firm reminder that the Department, through this Task Force, will use all available tools to protect the individuals working tirelessly to serve the public and maintain our proud tradition of free and fair elections.

To report suspected election related threats or violent acts, contact the FBI at 1-800-CALL-FBI (225-5324), prompt 1, then prompt 3. You also may file an online complaint at tips.fbi.gov.

Four individuals have been charged in the District of Massachusetts with conspiring to deceive banks and credit card companies into processing more than $150 million in credit and debit card payments on behalf of merchants involved in prohibited and high-risk businesses, including online gambling, debt collection, debt reduction, prescription drugs, and payday lending, according to an indictment unsealed today in Boston. Three of the four individuals charged were arrested today. The fourth defendant has not yet been arrested and is a fugitive on separate federal charges.

According to court documents, Ahmad “Andy” Khawaja, 49, of Los Angeles, California, and Thomas Wells, 74, of Martin County, Florida, are charged with conspiracy to commit wire fraud. Mohammad “Moe” Diab, 45, of Glendale, California, and Amy Ringler Rountree, 38, of Logan, Utah, are charged with conspiracy to commit wire fraud and conspiracy to commit bank fraud. Federal agents arrested Diab, Rountree, and Wells this morning. They are expected to appear in federal court in Los Angeles, Salt Lake City, Utah, and Chicago, Illinois, respectively, later today or tomorrow. Khawaja is a fugitive from a December 2019 federal indictment filed in the District of Columbia that charges him, Diab, and others with campaign finance violations and obstruction of justice.

According to the indictment, executives of Allied Wallet Inc., a payment processing company headquartered in Los Angeles, secured payment processing for high-risk businesses through fraudulent misrepresentations about merchant clients. Khawaja served as Allied Wallet’s owner and Chief Executive Officer, Diab served as the Chief Operating Officer, and Rountree served as Vice President of Operations. Allied Wallet provided services enabling merchant clients to accept debit and credit card payments over global electronic payment networks run by card brands such as Visa, Mastercard, American Express, and Discover. Allied Wallet served as an intermediary between its merchant clients and financial institution members of the card brand networks. Wells, through his company Priority Payout, introduced merchant clients seeking payment processing to Allied Wallet.

The indictment alleges that Khawaja, Diab, Rountree, Wells, and others engaged in a scheme to defraud several financial institutions, the card brands, and others of money and property by fraudulently inducing them to provide payment processing services to merchants engaged in prohibited or high risk transactions, and to merchants that were terminated for fraud, chargeback, or other compliance concerns, through knowingly misrepresenting the types of transactions that the merchants were processing and the true identities of the merchants. The defendants and their co-conspirators accomplished the scheme through, among other steps, creating shell companies, designing fake websites that purported to sell low-risk retail and home goods, and using industry-standard codes that miscategorized the true nature of the transactions. Through the scheme, the defendants and their co-conspirators fraudulently obtained more than $150 million in payment card processing through more than 100 sham merchants.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Nathaniel R. Mendell of the District of Massachusetts made the announcement.

The Food and Drug Administration – Office of Criminal Investigations, U.S. Postal Inspection Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations are investigating the case.

Trial Attorney Randall Warden of the Justice Department’s Money Laundering and Asset Recovery Section (MLARS) and Assistant U.S. Attorney and Deputy Chief Seth B. Kosto of the Securities, Financial & Cyber Fraud Unit at the U.S. Attorney’s Office for the District of Massachusetts are prosecuting the case.

MLARS’s Bank Integrity Unit investigates and prosecutes banks and other financial institutions, including their officers, managers, and employees, whose actions threaten the integrity of the individual institution or the wider financial system.

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 Tennessee man was charged yesterday with civil rights violations for his role in the arson of four Nashville area churches.

Alan Douglas Fox, 28, of Nashville, was charged by criminal information with setting fire to the Crievewood United Methodist Church on June 17, 2019; the Crievewood Baptist Church on June 25, 2019; the Saint Ignatius of Antioch Catholic Church on June 25, 2019; and the Priest Lake Community Baptist Church on June 26, 2019. Fox is also charged with carrying and using a firearm during the arson of the Crievewood Baptist Church.

The information alleges that Fox intentionally set the fires because of the religious character of the churches.

If convicted, Fox faces up to 20 years in prison for each fire, and a consecutive five-year sentence for the firearms violation.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division and Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee made the announcement.

This case was investigated by the FBI, the Tennessee Bureau of Investigation, the Metropolitan Nashville Police Department and the Nashville Fire Department. Assistant U.S. Attorney Sara Beth Myers and Trial Attorney Kyle Boynton of the Civil Rights Division are prosecuting the case. 

The charges are merely accusations and the defendant is presumed innocent until proven guilty in a court of law. 

A Mississippi pharmacist pleaded guilty today and a Louisiana marketer pleaded guilty on Aug. 12 in the Southern District of Mississippi for their roles in a multi-million-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary prescriptions. The conduct allegedly resulted in more than $180 million in fraudulent billings, including more than $50 million paid by federal health care programs.  

According to court documents, Mitchell “Chad” Barrett, 54, now of Gulf Breeze, Florida, and formerly of Mississippi, participated in a scheme to defraud TRICARE and other health care benefit programs by distributing medically unnecessary compounded medications. Barrett is licensed as a pharmacist in Mississippi and was a co-owner of various compounding pharmacies. As part of this scheme, Barrett adjusted prescription formulas to ensure the highest reimbursement without regard to efficacy. He solicited recruiters to procure prescriptions for high margin compounded medications and paid those recruiters commissions based on the percentage of reimbursements paid by pharmacy benefit managers and health care benefit programs, including commissions on claims reimbursed by TRICARE. He further routinely and systematically waived and/or reduced copayments to be paid by beneficiaries and members, and utilized a purported copayment assistance program to falsely make it appear as if his pharmacy and its affiliate compounding pharmacies had been collecting copayments. 

According to court documents, Thomas “Tommy” Wilburn Shoemaker, 57, of Rayville, Louisiana, participated in a scheme to defraud TRICARE and other health care benefit programs by acting as a marketer for Barrett’s pharmacies. Shoemaker allowed the pharmacies to use his TRICARE insurance to adjust prescription formulas to ensure the highest reimbursement without regard to efficacy, and he recruited doctors to procure prescriptions for high margin compounded medications. Shoemaker also obtained numerous fraudulent prescriptions using personal information of military acquaintances.

Barrett pleaded guilty to conspiracy to engage in monetary transactions in criminally derived property. He faces a maximum penalty of 10 years in prison. 

Shoemaker pleaded guilty to conspiracy to defraud the United States and solicit, receive, offer, and pay illegal kickbacks, 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. Shoemaker and Barrett must also pay restitution and forfeit all assets traced to their ill-gotten gains.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi; Acting Special Agent in Charge Paul Brown of the FBI’s Jackson Field Office, and Special Agent in Charge Cyndy Bruce of the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DoD OIG-DCIS) Southeast Field Office made the announcement.

The FBI and DoD OIG-DCIS are investigating the case.

Trial Attorneys Emily Cohen and Alejandra Arias of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Kathlyn Van Buskirk of the Southern District of Mississippi are prosecuting the case with assistance from Sara Porter and Dustin Davis from the Criminal Division’s Fraud Section.

The Department of Justice announced today that it reached a settlement with Ascension Health Alliance (Ascension), a Missouri-based health care organization with more than 2,600 sites – including 146 hospitals and more than 40 senior living facilities – in 19 states and the District of Columbia.

The settlement resolves the department’s claims that Ascension violated the Immigration and Nationality Act (INA) when it discriminated against work-authorized non-U.S. citizens because of their citizenship status by requesting more or different documents than necessary when attempting to reverify their continued work authorization.  

Based on its investigation, the department determined that Ascension automatically requested that its non-U.S. citizen employees present new documents to prove their continued work authorization, even in situations where it was not required. Ascension utilized a customized employment eligibility verification software program to electronically complete the Form I-9 and track the expiration dates of non-U.S. citizen employee documents. The investigation found that Ascension improperly programmed the software to send automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees, including U.S. nationals, lawful permanent residents, asylees and refugees, close to the expiration date of the documents they provided when completing the Form I-9. These non-U.S. citizen employees often presented documents that did not require reverification of employment eligibility. In some instances after sending these e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working.  In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents.

“Employers are reminded that while software programs may seem efficient, there is still a responsibility to ensure that programming decisions do not result in discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement makes clear that the Justice Department will vigorously enforce federal civil rights laws and hold employers accountable if their software results in unlawful discrimination.”

Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documentation to present to demonstrate their identity and authorization to work in the United States. Many non-U.S. citizens, including lawful permanent residents, refugees, and asylees, among others, have work authorization that does not expire, and are eligible for several of the same types of documents as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards) to prove their work authorization. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status, or national origin.

Under the terms of the settlement agreement, Ascension will pay the United States a civil penalty of $84,832.00. Additionally, Ascension 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.  

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 or immigration 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. Job 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 release here.

The Justice Department today announced it has reached an agreement with defendants Gus and Penny Crank to resolve a Fair Housing Act lawsuit alleging that Gus Crank sexually harassed female tenants while managing a Dayton, Kentucky, rental property owned by his wife, Penny Crank.  

Under the consent order entered by the U.S. District Court for the Eastern District of Kentucky, the Cranks must pay $48,000 in damages to four female tenants harmed by Gus Crank’s harassment and a $2,000 civil penalty to the United States. The Cranks are also prohibited from being involved in property management of rental units in the future; Penny Crank recently sold the rental property where Gus Crank’s harassment occurred.  

The United States’ lawsuit alleged that Gus Crank’s harassment spanned a period of 10 years. The allegations included that Gus Crank engaged in unwelcome sexual touching, offered to reduce monthly rental payments in exchange for sex, made unwelcome sexual comments and advances made intrusive and unannounced visits to female tenants’ homes to further his sexual advances and evicted or threatened to evict female tenants who objected to or refused his sexual advances.

“No woman should ever have to endure sexual harassment to secure housing for herself or her family,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Sexual harassment is unacceptable and illegal, and the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”

“Sexual harassment in housing deprives its victims of the safety and security that their home is supposed to provide,” said Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “That makes our convincing enforcement of the Fair Housing Act critical to ensuring that victims can gain relief from this disgraceful conduct and seek a safe and secure home for their families.”  

This case was jointly litigated by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Kentucky. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s Initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Department of Justice has filed 22 lawsuits alleging sexual harassment in housing and recovered over $4 million for victims of such harassment. 

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291,  or submitting a report online. Individuals may also report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.   

WASHINGTON - El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Ascension Health Alliance (Ascension), una organización de atención sanitaria radicada en Missouri con más de 2.600 locales, entre ellos 146 hospitales y más de 40 residencias de tercera edad, en 19 estados y el Distrito de Columbia. El acuerdo resuelve las acusaciones del Departamento de que Ascension vulneró la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) cuando discriminó a trabajadores no ciudadanos de los EE. UU. que contaban con autorización para trabajar al pedirles documentos adicionales o diferentes a los que eran necesarios a la hora de intentar reverificar que seguían siendo autorizados para trabajar.

Con base en su investigación, el Departamento determinó que Ascension solicitó automáticamente que sus empleados no ciudadanos de los EE. UU. presentasen documentos nuevos para demostrar que seguían contando con autorización para trabajar, incluso en situaciones cuando esto no se les requería. Ascension utilizó un programa de software personalizado de verificación de la elegibilidad para trabajar para completar electrónicamente el Formulario I-9 y monitorizar las fechas de vencimiento de los documentos de empleados no ciudadanos de los EE. UU. La investigación halló que Ascensión programó el software, de manera incorrecta, para que enviara correos electrónicos automáticos pidiendo pruebas de una autorización continua para trabajar a todos los empleados no ciudadanos de los EE. UU., incluyendo nacionales de los EE. UU., residentes permanentes legales, asilados y refugiados cuando se acercaba la fecha de vencimiento de los documentos que ellos habían presentado en el momento de completar en Formulario I-9. En muchos casos, estos empleados no ciudadanos de los EE. UU. habían presentado documentos que no requerían una reverificación de su elegibilidad para trabajar. Más aún, en algunas instancias después de enviar esos correos electrónicos, Ascension también requirió que sus empleados no ciudadanos de los EE. UU. presentasen nuevos documentos para poder seguir trabajando. En cambio, Ascension no programó el software para enviar correos electrónicos a ciudadanos de los EE. UU. y, por lo tanto, no notificó a trabajadores que son ciudadanos de los EE. UU. cuando se acercaba la fecha de vencimiento de sus documentos.

«Se les recuerda a los empleadores que, aunque los programas de software parecen eficientes, todavía existe la responsabilidad de asegurar que las decisiones relacionadas con la programación no resulten en discriminación», declaró la Fiscal General Auxiliar, Kristen Clarke, de la División de Derechos Civiles del Departamento de Justicia. «El acuerdo hace claro que el Departamento de Justicia hará cumplir con firmeza las leyes federales de derechos civiles y hacer responsables a los empleadores si su software resulta en discriminación ilegal».

Las leyes federales permiten a todo individuo con autorización para trabajar, independientemente de su estatus de ciudadanía, elegir los documentos válidos y legalmente aceptables que desea presentar para demostrar su autorización para trabajar en los Estados Unidos. Muchas personas que no son ciudadanos de los EE. UU., incluyendo a residentes permanentes legales, refugiados y asilados, entre otros, tienen una autorización para trabajar que no vence y son elegibles para varios de los mismos tipos de documentos como lo son los ciudadanos de los EE. UU. (tales como carnets de conducir y tarjetas de seguro social sin restricciones) para demostrar su autorización para trabajar. La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen.

Conforme los términos del acuerdo conciliatorio, Ascension pagará una sanción civil a los Estados Unidos que asciende a 84.832,00 $. Asimismo, Ascension capacitará a sus empleados en cuanto a los requisitos de la disposición antidiscriminatoria de la INA, incluyendo una capacitación dirigida por la Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés), 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 migratorio o de ciudadanía o bien por la nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación. 

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 los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) has launched its Freedom of Information Act (FOIA) Public Access Link (PAL), a new online portal that streamlines records requests for parties with business before the agency and members of the public seeking records.

“We are excited to launch this new portal, which highlights EOIR’s dedication to transparency through its FOIA request process,” said EOIR Acting Director Jean King. “We expect increased efficiency both for those seeking records from our agency and for our hard-working FOIA staff with the Office of the General Counsel.”

PAL allows users to submit FOIA and Privacy Act requests, check the status of submitted requests, download records, browse the FOIA reading room, and correspond with the EOIR FOIA Service Center. The PAL also allows users to pay required fees online and to receive delivery of large volumes of responsive records more quickly. 

A Washington state tech executive was sentenced today in the Western District of Washington to two years in prison for perpetrating a scheme to fraudulently obtain COVID-19 disaster relief loans guaranteed by the Small Business Administration (SBA) through the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security (CARES) Act.

Mukund Mohan, 48, of Clyde Hill, pleaded guilty to charges of wire fraud and money laundering on March 15. According to court documents, Mohan sought more than $5.5 million through eight fraudulent disaster loan applications. In support of the fraudulent loan applications, Mohan submitted fake and altered documents, including fake federal tax filings and altered incorporation documents. For example, Mohan misrepresented to a lender that, in 2019, his company Mahenjo Inc. had dozens of employees and paid millions of dollars in employee wages and payroll taxes. In support of Mahenjo’s loan application, Mohan submitted false incorporation documents and tax forms suggesting that the company had been in business prior to 2020. In truth, Mohan purchased Mahenjo in May 2020 and at the time he purchased the company, it had no employees and no business activity. The incorporation documents that he submitted to the lender were altered and the federal tax filings he submitted were fake. Five of Mohan’s eight fraudulent loan applications were approved, and he fraudulently obtained nearly $1.8 million in COVID-19 relief funds.

In addition to the prison sentence, Mohan was ordered to pay a fine in the amount of $100,000 and $1,786,357 in restitution.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington; Special Agent in Charge Jay Johnson of the Federal Housing Finance Agency Office of Inspector General (FHFA-OIG); Acting Special Agent in Charge Corinne Kalve of IRS-Criminal Investigation (IRS-CI); Inspector General J. Russell George of the U.S. Treasury Inspector General for Tax Administration (TIGTA); and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation Office of Inspector General  (FDIC-OIG), made the announcement.

This case was investigated by FHFA-OIG, IRS-CI, TIGTA, and FDIC-OIG.

Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Friedman of the Western District of Washington are prosecuting the case.

The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. In the months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/ppp-fraud.

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.

Cameron Shea, 25, a leader of the neo-Nazi group Atomwaffen Division, was sentenced today in the U.S. District Court for the Western District of Washington to three years in prison for federal conspiracy and hate crime charges for threatening journalists and advocates who worked to expose anti-Semitism, announced Acting U.S. Attorney Tessa M. Gorman. At the sentencing hearing, U.S. District Judge John C. Coughenour said, “This conduct cannot be tolerated. This kind of conduct has consequences…It is so serious that it requires a serious sentence.”

“The Justice Department will continue to aggressively prosecute threats motivated by religious intolerance, and to prosecute defendants like this one who threatened violence against individuals who work to end discrimination,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting to the full extent of the  law, violent neo-Nazis and other perpetrators of hate crimes.” 

“This hate-filled conduct strikes at the heart of our communities,” said Acting U.S. Attorney Tessa Gorman for the Western District of Washington. “This defendant’s goal was to make people fearful in their own homes, and he recruited and cheered on others who joined his sick scheme. This federal prison sentence underscores the human damage from his crimes.”  

Shea pleaded guilty in April 2021, to one count of conspiring to commit three offenses against the United States: interference with federally-protected activities because of religion; mailing threatening communications; and cyberstalking. He also pleaded guilty to one count of interfering with a federally protected activity because of religion.

Shea and three co-defendants were charged with conspiring via an encrypted online chat group to identify journalists and advocates they wanted to threaten in retaliation for the victims’ work exposing anti-Semitism. The group focused primarily on those who are Jewish or journalists of color. The group created posters, which featured Nazi symbols, masked figures with guns and Molotov cocktails and threatening messages, to deliver or mail to the journalists or advocates the group targeted. Shea messaged the group that he wanted Atomwaffen members in different locations to place posters on their victims’ homes on the same night to catch journalists off guard and accomplish a “show of force.” The posters were delivered to victims in Tampa, Seattle and Phoenix. Shea mailed posters to several victims, including a poster sent to an official at the Anti-Defamation League (ADL) that depicted a Grim Reaper-like figure wearing a skeleton mask holding a Molotov cocktail outside a residence, with the text “Our Patience Has Its Limits . . . You have been visited by your local Nazis.”

Two of Shea’s co-defendants previously pled guilty to the conspiracy charge and were sentenced. A fourth defendant pled not guilty and is awaiting trial in Sept. 2021.

The case is being investigated by the FBI’s Joint Terrorism Task Forces in Tampa, Seattle, Houston and Phoenix with assistance from the Seattle Police Department.

The case is being prosecuted by Assistant U.S. Attorneys Thomas Woods and Seth Wilkinson and Civil Rights Division Trial Attorney Michael J. Songer, with assistance from U.S. Attorneys’ Offices in the Middle District of Florida, Southern District of Texas, District of Arizona and Central District of California.

The Justice Department entered into a settlement agreement with the County of Hawaii and the County’s Mass Transit Agency (MTA) to resolve an investigation conducted under Title II of the Americans with Disabilities Act (ADA).

Under the agreement, the County and MTA must make their transit services, including Hele-On, the buses used by the majority of riders, accessible to passengers with disabilities. The agreement requires the County and MTA to ensure that passengers with disabilities have lifts to board buses; paratransit users are provided timely pick-ups and drop-offs; and bus stops are accessible. In addition, the County and MTA must ensure that transit system drivers undergo ADA training and that disability-related complaints are addressed fairly. The County and MTA also must report to the department regarding their compliance with these requirements. Both the County and MTA cooperated in this matter.

“Ensuring the availability of public transit for individuals with disabilities is a key promise of the Americans with Disabilities Act,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Accessible transportation is critical to independence and engagement in civic life, and this agreement helps to make that promise a reality.” 

“This agreement will remove accessibility barriers in transit for countless individuals with disabilities living on the Big Island,” said Acting U.S. Attorney Judith Philips for the District of Hawaii. “Our office strongly supports efforts to improve access and inclusion under the ADA.”

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

The Department of Justice announced today that it will begin the process of remitting forfeited funds to FIFA, the world organizing body of soccer; CONCACAF, the confederation responsible for soccer governance in North and Central America, among other regions; CONMEBOL, the confederation responsible for soccer governance in South America; and various constituent national soccer federations (collectively, the “Victims”). The department granted a joint petition for remission filed by the Victims, recognizing losses and granting remission up to a total of more than $201 million, of which $32.3 million in forfeited funds has been approved for an initial distribution. In total, well over the amount granted has been seized and has been or is expected to be forfeited to the United States in the Eastern District of New York as part of the government’s long-running investigation and prosecution of corruption in international soccer. 

To date, the prosecutions have resulted in charges against more than 50 individual and corporate defendants from more than 20 countries, primarily in connection with the offer and receipt of bribes and kickbacks paid by sports marketing companies to soccer officials in exchange for the media and marketing rights to various soccer tournaments and events.

This announcement is the beginning of the process for returning funds to the victims of the FIFA bribery scandal and marks the department’s continued commitment to ensuring justice for those victims harmed by this scheme.

“The approval of this remission of funds illegally obtained in the FIFA scandal marks another important milestone in these prosecutions and the department’s commitment to use all tools at its disposal to prosecute corruption and to deprive perpetrators of ill-gotten gains,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “This remission highlights the importance of asset forfeiture as a critical tool for the recovery of criminal proceeds and the pursuit of justice.”

“Today’s announcement confirms that money stolen by corrupt soccer officials and sports marketing executives through fraud and greed will be returned to where it belongs and used to benefit the sport,” said Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York. “From the start, this investigation and prosecution have been focused on bringing wrongdoers to justice and restoring ill-gotten gains to those who work for the benefit of the beautiful game. Our office, together with our law enforcement partners, will always work to compensate victims of crime.”

“Kickbacks and bribes have a way of spreading like a disease through corrupt groups; pure and simple greed keeps the graft going,” said Assistant Director-in-Charge Michael J. Driscoll of the FBI’s New York Field Office. “Not one official in this investigation seemed to care about the damage being done to a sport that millions around the world revere. The only silver lining is the money will now help underprivileged people who need it, not the wealthy executives who just wanted it to get richer. Our work isn’t finished, and our promise to those who love the game – we won’t give up until everyone sees justice for what they’ve done.”

“For years, corrupt soccer officials and greedy sports marketing executives engaged in dozens of multimillion-dollar bribe and kickback schemes,” said Special Agent-in-Charge Ryan L. Korner of the IRS-Criminal Investigation (IRS-CI). “These individuals and companies lined their pockets with millions that were supposed to be used for the development and betterment of soccer worldwide. Agents with IRS-CI and their partners at the U.S. Attorney’s Office and the FBI relentlessly pursued this corruption and seized these ill-gotten gains. Now these funds can be used as they were intended, to promote and develop the world’s most popular game.”

On May 27, 2015, an indictment was unsealed charging 14 FIFA officials and sports marketing executives with racketeering, honest services wire fraud and money laundering offenses, among others. On Dec. 3, 2015, a superseding indictment was unsealed charging an additional 16 FIFA officials with similar crimes. Additional defendants were charged by indictment and information.  During the course of the prosecutions to date, 27 individual defendants have pleaded guilty for their roles in the charged crimes. In December 2017, two former FIFA officials, Juan Ángel Napout, of Paraguay, and José Maria Marin, of Brazil, were convicted after trial of racketeering conspiracy and related offenses. Four corporate entities have pleaded guilty and others, including banking institutions, have acknowledged their roles in criminal conduct through deferred prosecution or non-prosecution agreements. The government’s prosecutions and investigation are ongoing.

As part of these proceedings, many of the defendants were ordered to forfeit assets obtained through their criminal activity. Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victims of crimes, including to the soccer organizations that employed and were defrauded by the corrupt soccer executives.

FIFA, CONCACAF, and CONMEBOL have committed to distributing funds received through the remission process to and through a newly created World Football Remission Fund (the “Fund”), to be established under the FIFA Foundation, an independent foundation focused on youth programs, community outreach and humanitarian needs. The terms of the Fund provide for oversight and independent audit measures to ensure remitted funds are distributed appropriately.   

The government’s case is being handled by the U.S. Attorney’s Office’s FIFA Task Force. Assistant U.S. Attorneys Samuel P. Nitze, M. Kristin Mace, Keith D. Edelman, Brian D. Morris and Kaitlin T. Farrell are in charge of the prosecution and coordination of the victim remission process. The Justice Department, through the Asset Forfeiture Program, works diligently to restore lost funds to victims of crime. The victim compensation payments in the FIFA case would not have been possible without the extraordinary efforts of the Criminal Division’s Money Laundering and Asset Recovery Section, the FBI’s New York Field Office and IRS-CI.

A California couple pleaded guilty to conspiracy to commit forced labor. According to court documents, Nery A. Martinez Vasquez, 53, and his wife Maura N. Martinez, 53, both of Shasta Lake, are naturalized United States citizens, originally from Guatemala. They owned and operated Latino’s, a restaurant, and Redding Carpet Cleaning & Janitorial Services, a cleaning company that serviced various businesses, including multiple car dealerships, in the Shasta Lake area.

In their plea agreement filed in federal court, the defendants admitted that if the matter proceeded to trial, the government would prove beyond a reasonable doubt that they convinced a Guatemalan relative and her two minor daughters to come to the United States in August 2016 by falsely promising them a better life. The defendants arranged for the victims to enter the United States using temporary visitor visas and then compelled them to overstay their visas and work long hours at Latino’s restaurant and Redding Carpet Cleaning & Janitorial Services for minimal to no pay between September 2016 and February 2018. The defendants conspired with one another to manufacture an inflated debt that they told the victims they owed and instructed them that they could not leave until they repaid this fictious debt. The defendants also abused the legal system by threatening to call the authorities on the victims and have them arrested for overstaying their visas if they did not comply with their requests. Similarly, the defendants forbid the minor children from attending school because they claimed that immigration authorities were looking to arrest and deport non-citizen children. Instead of attending school, the children worked for the defendants’ businesses. The defendants housed the victims in a dilapidated, unheated trailer with no running water, and degraded and humiliated them in front of others. Finally, the defendants used force and threats of force to intimidate the victims, with Nery Martinez Vasquez even going as far as hitting the minor victims with a stick when angry. 

“These defendants used the promise of America to lure the victim and her children to the United States in search of a better life, only to turn around and use that hope to exploit their dreams under cruel conditions,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “There is no place for such cruel conduct in our society, and the Department of Justice remains committed to eradicating human trafficking.”

“These defendants exploited vulnerable victims, forcing them to work in their businesses, failing to pay wages, and depriving them of basic human rights,” said Acting U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The U.S. Attorney’s Office continues its commitment to protect and defend vulnerable members of our society from human trafficking.”

“This case highlights how the dream of coming to the United States to begin a new, promising life can become a nightmare,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “The family worked in public view yet were imprisoned by fear and the lies they had been told by their exploiters. No human being — let alone a family — should be forced to work and live as these victims did. The FBI is committed to identifying and investigating human trafficking. We seek justice for victims, regardless of immigration status. We ask the public to report suspected human trafficking and encourage victims to come forward to escape the cycle of exploitation they may feel trapped within."

The defendants are scheduled to be sentenced by U.S. District Judge William B. Shubb on Nov. 8. The defendants face a maximum statutory penalty of 20 years in prison and a $250,000 fine. The sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. As part of the defendants’ plea, they have agreed to pay $300,000 in restitution to the victims. 

This case is the product of an investigation by the FBI. Assistant U.S. Attorneys Katherine T. Lydon and Tanya B. Syed and Civil Rights Division Trial Attorney Avner Shapiro are prosecuting the case.

A Texas man pleaded guilty today in the Southern District of Texas to defrauding investors that he solicited via social media by falsely promising high rates of return and low or no-risk returns on foreign exchange investments.

According to court documents, Kelvin Ramirez, 25, of Houston, used social media platforms to falsely promote himself as a successful trader of foreign exchange investments or “forex” and attract investors. Through his Instagram accounts, Ramirez marketed “investment groups” and “private accounts” that purportedly traded in forex and were managed by Ramirez. For both types of investments, Ramirez solicited individuals by falsely promising high returns on investments, making false representations about the risk associated with the investments and falsely guaranteeing returns on investment. Through his scheme, Ramirez fraudulently obtained more than $650,000 from over 100 individuals, and then used investors’ funds for personal expenses.   

Ramirez pleaded guilty to wire fraud. He is scheduled to be sentenced on Nov. 9 and faces a maximum penalty of 20 years in prison. In addition, he has agreed to pay full restitution to victims, including a monetary loss of at least $687,792.93. 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, Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation (FDIC) and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office made the announcement.

The FDIC’s Office of Inspector General and the FBI are investigating the case.

Trial Attorney Laura Connelly of the Criminal Division’s Fraud Section is prosecuting the case. 

Individuals who believe they may be a victim should visit https://www.justice.gov/criminal-vns/case/Kelvin-Ramirez for more information.

Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before U.S. District Judge Sterling Johnson Jr. When sentenced, Augustine faces up to 20 years in prison.

The evidence at trial established that in February 2016, the defendant traveled from San Francisco, California, to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization. In the months leading up to his travel, the defendant watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.” The defendant conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?” 

Augustine also posted numerous statements in support of ISIS and violent extremism on the internet. He posted statements such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.” 

Augustine then purchased a one-way airplane ticket and traveled to Tunisia so that he could present himself as a willing participant in ISIS’s terrorist activity. After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya. He was subsequently returned to the United States in 2018, where he was brought to the Eastern District of New York for prosecution. 

Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division, Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York, Assistant Director-in-Charge Michael J. Driscoll of the FBI’s New York Field Office, and Commissioner Dermot F. Shea of the New York City Police Department (NYPD) announced the verdict.

The government’s case is being handled by the U.S. Attorney’s Office’s National Security and Cybercrime Section. Assistant U.S. Attorneys Craig R. Heeren, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorneys Phil Viti and George Kraehe of the National Security Division’s Counterterrorism Section. The Justice Department’s Office of International Affairs provided assistance.

Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jesse Reyes Babauta, age 43, was sentenced in the United States District Court of the Northern Mariana Islands to 168 months imprisonment for Conspiracy to Possess Methamphetamine with Intent to Distribute, a Schedule II Substance in violation of 21 U.S.C. §§ 846, 841(a)(1)(b)(1)(C).  The Court also ordered five years of supervised release following imprisonment, 100 hours of community service, and a mandatory $100.00 special assessment fee.  In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.

From September to November 2020, Jesse Reyes Babauta, managed and organized the importation of over 70 grams of methamphetamine into the CNMI through the United States Postal Service.  The drugs were hidden inside greeting cards.  In sentencing Babauta, the Court explicitly found that he used both fear and affection to involve other individuals in the illegal transport of controlled substances.  Babauta was also convicted of Conspiracy to Distribute Methamphetamine in federal court in 2013.

U.S. Attorney Anderson stated, “As this case demonstrates, repeat offenders can expect lengthy sentences as a result of federal prosecution.  I applaud the efforts of our law enforcement partners in continuing to target drug crimes in the CNMI.”

This case was a joint investigation by Drug Enforcement Administration, United States Postal Inspection Service, with the assistance from CNMI Customs Service.  This case was prosecuted by Garth R. Backe, Assistant United States Attorney in the District of the Northern Mariana Islands.