FEDERAL DISTRICT ARCHIVE
District Not Recorded
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Justice Department Settles Language Access and Retaliation Investigation of Courts in Fort Bend County, TexasRead the Press Release
Note: This press release has been translated in various languages. See attachments below.
The Justice Department announced a settlement agreement with Fort Bend County (FBC) to improve access to court for people with limited English proficiency (LEP).
This agreement resolves a Justice Department investigation into allegations that FBC courts discriminated against LEP court users based on their national origin and retaliated against a complainant, both in violation of Title VI of the Civil Rights Act of 1964. Title VI prohibits race, color or national origin discrimination by recipients of federal financial assistance, such as FBC. The department’s investigation uncovered language barriers that make it difficult for LEP people to meaningfully access the court system. These barriers included requirements that LEP criminal defendants use a bilingual attorney instead of a qualified interpreter in plea proceedings, and policies that resulted in higher court costs for LEP parents in child custody cases.
“People with limited English proficiency can suffer the loss of their children, homes, and fundamental rights when they face language barriers that deny meaningful access to our judicial system,” said Assistant Attorney General Kristen Clarke for the Civil Rights Division. “The Civil Rights Division will continue fighting to ensure that courts remove barriers that deny people access to equal justice. I commend Fort Bend County for taking actions necessary to ensure language access for court users in compliance with Title VI of the Civil Rights Act.”
“Fort Bend is one of the most diverse counties in our District,” said Acting U.S. Attorney Mark Donnelly for the Southern District of Texas. “This agreement will ensure everyone has access to our courts irrespective of national origin or limited English proficiency.”
Under the agreement, FBC will provide interpreter services at no cost to LEP individuals in civil and criminal cases in FBC courts. FBC courts will also review its language access plans over the next year, develop mandatory Title VI training for FBC courts, provide Title VI retaliation training and issue public notices that explain the Title VI nondiscrimination policy and complaint process in non-English languages. The department will monitor these and other requirements for two years. FBC also agreed to pay damages to an LEP court user for court costs and to an individual who alleged retaliation.
The enforcement of Title VI is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
Four California Residents Found Guilty of Scheming to Fraudulently Obtain Millions of Dollars in COVID-19 Relief ProgramsRead the Press Release
A federal jury convicted four California residents on June 25, for scheming to submit fraudulent loan applications seeking millions of dollars in Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) COVID-19 relief funds.
After an eight-day trial, Richard Ayvazyan, 42, his wife Marietta Terabelian, 37, and his brother Artur Ayvazyan, 41, all of Encino, were each found guilty of one count of conspiracy to commit bank fraud and wire fraud, 11 counts of wire fraud, eight counts of bank fraud, and one count of conspiracy to commit money laundering. Richard Ayvazyan was also found guilty of two counts of aggravated identity theft and Artur Ayvazyan was found guilty of one count of aggravated identity theft. Vahe Dadyan, 41, of Glendale was found guilty of one count of conspiracy to commit bank fraud and wire fraud, six counts of wire fraud, three counts of bank fraud, one count of conspiracy to commit money laundering, and one count of money laundering.
On June 28, the jury found the defendants must forfeit bank accounts, jewelry, watches, gold coins, three residential properties, and approximately $450,000 in cash.
According to the evidence presented at trial, the defendants used fake, stolen, or synthetic identities – including the created identities of “Iuliia Zhadko” and “Viktoria Kauichko” – to submit fraudulent applications for the loans. In support of the fraudulent loan applications, the defendants also submitted false and fictitious documents to lenders and the Small Business Administration (SBA), including fake identity documents, tax documents, and payroll records. The defendants then used the fraudulently obtained funds as down payments on luxury homes in Tarzana, Glendale, and Palm Desert. They also used the funds to buy gold coins, diamonds, jewelry, luxury watches, fine imported furnishings, designer handbags, clothing, and a Harley-Davidson motorcycle. The conspirators obtained more than $18 million in COVID-19 relief funds.
Sentencing is scheduled for Sept. 13.
Prior to the verdict, the following defendants pleaded guilty to criminal charges in this case:
- Manuk Grigoryan, 46, of Sun Valley, pleaded guilty on June 7, to one count of bank fraud and one count of aggravated identity theft. The court has scheduled sentencing for Sept. 13. Grigoryan faces up to 32 years in federal prison.
- Edvard Paronyan, 40, of Granada Hills, pleaded guilty on June 11, to one count of wire fraud. The court has scheduled sentencing for Aug. 30. Paronyan faces up to 20 years in federal prison.
- Tamara Dadyan, 39, of Encino, Artur Ayvazyan’s wife and Vahe Dadyan’s cousin, pleaded guilty on June 14, to one count of conspiracy to commit bank fraud and wire fraud, one count of aggravated identity theft, and one count of conspiracy to commit money laundering. The court has scheduled sentencing for Sept. 27. Dadyan faces up to 52 years in federal prison.
- Arman Hayrapetyan, 41, of Glendale, pleaded guilty on June 21, to one count of conspiracy to commit money laundering. The court has scheduled sentencing for Sept. 20. Hayrapetyan faces up to 20 years in federal prison.
Acting Assistant Attorney General Nicholas L. McQuaid and Acting U.S. Attorney Tracy L. Wilkison of the Central District of California made the announcement.
The FBI, IRS Criminal Investigation, the SBA’s Office of Inspector General, and the Federal Housing Finance Agency – Office of Inspector General investigated this matter.
Trial Attorney Christopher Fenton of the Justice Department’s Fraud Section and Assistant U.S. Attorneys Scott Paetty, Brian Faerstein, and Catherine Ahn of the Central District of California are prosecuting the case. Assistant U.S. Attorney Dan Boyle of the Central District of California is handling the forfeiture.
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.
El Departamento de Justicia Resuelve una Investigación sobre Acceso al Idioma y Represalias en los Tribunales del Condado de Fort Bend, TexasRead the Press Release
WASHINGTON - El Departamento de Justicia anunció hoy un acuerdo con el Condado de Fort Bend (FBC) para mejorar el acceso de personas con dominio limitado del inglés (LEP) a sus tribunales.
Este acuerdo resuelve una investigación del Departamento de Justicia sobre las acusaciones de que los tribunales del FBC discriminaban a los usuarios con LEP por su país de origen, y tomaban represalias contra un denunciante, ambas en infracción al Título VI de la Ley de Derechos Civiles de 1964. El Título VI prohíbe la discriminación por raza, color o país de origen por parte de los beneficiarios de ayuda financiera federal, como el FBC. La investigación del departamento puso de manifiesto la existencia de barreras lingüísticas que dificultaban el acceso de personas con LEP al sistema judicial. Estas barreras incluían el requisito de que los acusados con LEP utilizaran un abogado bilingüe en lugar de un intérprete calificado durante los procesos de declaración de culpabilidad, así como políticas que daban lugar a mayores costos judiciales para padres con LEP en casos de custodia de sus hijos.
“Las personas con dominio limitado del inglés pueden sufrir la pérdida de sus hijos, sus hogares y sus derechos fundamentales cuando enfrentan barreras lingüísticas que les impiden un acceso significativo a nuestro sistema judicial”, dijo la Fiscal General Adjunta de la División de Derechos Civiles, Kristen Clarke. “La División de Derechos Civiles seguirá luchando para garantizar que los tribunales eliminen las barreras que niegan a las personas el acceso a la justicia en condiciones de igualdad. Felicito al condado de Fort Bend por tomar las medidas necesarias para garantizar el acceso lingüístico a los usuarios de tribunales en cumplimiento con el Título VI de la Ley de Derechos Civiles.”
“Fort Bend es uno de los condados con mayor diversidad en nuestro Distrito”, dijo el Fiscal Federal Interino del Distrito Sur de Texas, Mark Donnelly. “Este acuerdo garantizará que todas y todos tengan acceso a nuestros tribunales, independientemente de su país de origen o de su dominio limitado del inglés”.
En virtud del acuerdo, el FBC proporcionará servicios de interpretación sin costo a personas con LEP para casos civiles y penales en los tribunales del FBC. Los tribunales del FBC también revisarán sus planes de acceso lingüístico durante el próximo año, desarrollarán una capacitación obligatoria sobre el Título VI para los tribunales del FBC, proporcionarán capacitación sobre el Título VI en materia de represalias, y emitirán avisos públicos que expliquen la política de no discriminación del Título VI, así como el procedimiento para presentar denuncias en idiomas distintos del inglés. El departamento supervisará estos y otros requisitos durante dos años. El FBC también aceptó pagar una indemnización por daños y perjuicios a un usuario de tribunales con LEP por costos judiciales y a un individuo que alegó haber recibido represalias.
La aplicación del Título VI es una de las principales prioridades de la División de Derechos Civiles. Para más información sobre la División de Derechos Civiles, consulte su sitio web: www.justice.gov/crt. La información sobre el dominio limitado del inglés y el Título VI está disponible en: www.lep.gov. Los ciudadanos pueden denunciar posibles violaciones de derechos civiles en: https://civilrights.justice.gov/report/.
Bộ Tư Pháp kết thúc cuộc điều tra về tiếp cận ngôn ngữ và các hành động trả đũa của các tòa án ở Quận Fort Bend, TexasRead the Press Release
WASHINGTON - Hôm nay, Bộ Tư pháp đã công bố một thỏa thuận dàn xếp với Quận Fort Bend (FBC) về cải thiện khả năng tiếp cận tòa án cho những người có trình độ tiếng Anh hạn chế (LEP).
Thỏa thuận này đưa ra kết luận cho một cuộc điều tra của Bộ Tư pháp về các cáo buộc rằng các tòa án FBC phân biệt đối xử với LEP vì nguồn gốc quốc gia của họ và trả đũa người khiếu nại, cả hai hành vi nói trên đều vi phạm Tiêu đề VI của Đạo Luật Dân Quyền năm 1964. Tiêu đề VI nghiêm cấm những đơn vị nhận hỗ trợ tài chính liên bang, ví dụ như FBC, phân biệt chủng tộc, màu da hoặc nguồn gốc quốc gia. Cuộc điều tra của Bộ Tư pháp đã phát hiện ra những rào cản ngôn ngữ khiến LEP khó tiếp cận hệ thống tòa án một cách hiệu quả. Những rào cản này bao gồm các yêu cầu bắt buộc các bị cáo LEP trong các vụ án hình sự phải sử dụng luật sư song ngữ thay vì thông dịch viên hữu thệ trong thủ tục bào chữa cũng như các chính sách dẫn đến việc các bậc phụ huynh LEP phải chịu án phí cao hơn trong các vụ tranh chấp quyền nuôi con.
Trợ Lý về Dân Quyền của Bộ Trưởng Bộ Tư Pháp Kristen Clarke cho biết: “Những người có trình độ tiếng Anh hạn chế có thể bị mất con cái, nhà cửa và các quyền cơ bản khi họ gặp phải rào cản ngôn ngữ mà khiến họ mất quyền tiếp cận hệ thống tư pháp của chúng ta một cách hiệu quả. Bộ phận Dân quyền sẽ tiếp tục đấu tranh để đảm bảo rằng các tòa án loại bỏ các rào cản khiến tất cả mọi người không thể tiếp cận công lý một cách bình đẳng. Tôi xin dành lợi khen cho Quận Fort Bend vì đã thực hiện các hành động cần thiết để đảm bảo quyền tiếp cận ngôn ngữ cho mọi người dân, tuân thủ Tiêu đề VI của Đạo Luật Dân Quyền.”
Quyền Luật sư Hoa Kỳ Mark Donnelly làm việc cho Hạt phía Nam của Texas cho biết: “Fort Bend là một trong những quận đa dạng nhất trong Hạt của chúng tôi. Thỏa thuận này sẽ đảm bảo tất cả mọi người đều có quyền tiếp cận các tòa án của chúng tôi bất kể nguồn gốc quốc gia của họ là gì hay trình độ tiếng Anh của họ ở mức độ nào.”
Theo thỏa thuận, FBC sẽ cung cấp dịch vụ thông dịch miễn phí cho LEP trong các vụ án dân sự và hình sự tại các tòa án của FBC. Các tòa án của FBC cũng sẽ xem xét các kế hoạch tiếp cận ngôn ngữ của mình trong năm tới, phát triển các khóa đào tạo Tiêu đề VI bắt buộc cho các tòa án FBC, cung cấp khóa đào tạo trả đũa Tiêu đề VI và đưa ra các thông báo công khai giải thích về chính sách không phân biệt đối xử và quy trình khiếu nại của Tiêu đề VI bằng các ngôn ngữ không phải tiếng Anh. Bộ Tư pháp sẽ giám sát các yêu cầu này và các yêu cầu khác trong hai năm. FBC cũng đồng ý bồi thường thiệt hại về án phí cho một LEP đã từng sử dụng dịch vụ của tòa án và cho cá nhân khiếu nại rằng mình bị trả đũa.
Việc thực thi Tiêu đề VI là ưu tiên hàng đầu của Bộ Phận Dân Quyền. Quý vị có thể tìm hiểu thêm thông tin về Bộ phận Dân quyền trên trang web của họ tại www.justice.gov/crt, và thông tin về trình độ tiếng Anh hạn chế và Tiêu đề VI tại www.lep.gov. Tất cả mọi người đều có quyền báo cáo các hành vi vi phạm dân quyền tại https://civilrights.justice.gov/report/.
Jury Convicts Georgia Resident on Dog Fighting ChargesRead the Press Release
WASHINGTON – A federal jury convicted a Georgia resident on federal charges stemming from violations of the Animal Welfare Act.
Kizzy Solomon, aka Kizzy Andrews, 44, of Camilla, was found guilty on June 22 of 15 counts of aiding and abetting the possession and training of dogs for purposes of an animal fighting venture following a two-day trial that began on June 21 in federal court. Solomon is facing a maximum of five years in prison and a $250,000 fine per count and three years of supervised release.
Each defendant faces a maximum sentence of one to five years in prison and fines of $100,000 to $250,000, or both. Sentencing for certain defendants is scheduled for July 21-22 before U.S. District Judge Leslie Gardner. There is no parole in the federal system.
“The successful conclusion of this case highlights the division’s efforts to combat animal cruelty since we took responsibility for combating this vicious and cruel crime in 2014,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “We will continue to prosecute significant and major offenders to maximize the impact of these cases on this illegal industry.”
“Dog fighting is an atrocious crime that often serves as a breeding ground for other illegal behavior,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our office will vigorously prosecute individuals found abusing and using animals for illegal fighting and gambling. I want to thank the law enforcement agencies involved at the local and federal level for helping us obtain justice in this case, sending a message that dog fighting will not be tolerated in the Middle District of Georgia.”
“Individuals who support and facilitate the cold-hearted practice of dog fighting will face the fullest extent of criminal sanctions for their actions,” said Special Agent in Charge Jason Williams of the U.S. Department of Agriculture-Office of Inspector General. “We appreciate the commitment of our law enforcement partners to investigate and assist in the criminal prosecution of those who support the appalling abuse of these animals.”
According to court documents and evidence presented at trial, federal agents executed a search warrant at Solomon’s Camilla property on Sept. 12, 2018, seizing 27 pit bull-type dogs housed on chains, in poor living conditions. All but the puppies had scarring and injuries consistent with use in dog fighting. Agents also seized a large amount of dog fighting equipment in plain view throughout the primary living spaces of the house. Most notably, there was a large dog treadmill on which various dogs’ fighting histories, including whether they had perished during the fights, was written in print.
11 co-defendants previously entered guilty pleas to various offenses related to their participation in an animal fighting venture:
Leslie Meyers aka Les Meyers, 44, of Tallahassee, Florida;
Alonza Jordan, 48, of Americus, Georgia;
Germany Brockington aka Rat and Gator, 34, of Ambrose, Georgia;
Kevin Charles aka Trinidad, 45, of Jackson, Georgia;
Maurice Glover, 48, of Douglas, Georgia;
Orlando Johnson aka OJ and Juiceman, 35, of Americus, Georgia;
Shadon Johnson, 37, of Fitzgerald, Georgia;
Terry Driggers, 71, of Hoboken, Georgia;
Starlin Morgan, 39, of Plains, Georgia;
Kentre Gibson aka Gipp, 40, of Douglas, Georgia; and,
Timothy White, 51, of Patterson, Georgia.
Each defendant faces a maximum sentence of one to five years in prison and fines of $100,000 to $250,000, or both. Sentencing for certain defendants is scheduled for July 21-July 22 before U.S. District Judge Leslie Gardner. There is no parole in the federal system.
The case was investigated by the U.S. Department of Agriculture-Office of Inspector General, the Sumter County Sheriff’s Office and Decatur County Animal Control.
Assistant U.S. Attorney Jim Crane for the Middle District of Georgia and Environment and Natural Resources Division Trial Attorney Ethan Eddy are prosecuting the case.
Virginia Man Sentenced for Producing Images of Child Sex AbuseRead the Press Release
A Virginia man was sentenced today in the Eastern District of Virginia to 19 years in prison for the production and distribution of child pornography.
Kevin Hewlett, 36, of Bluemont, was convicted by a federal jury on Oct. 8, 2020, of producing and distributing child pornography. According to court documents and evidence presented at trial, Hewlett was a farrier, a craftsman who trims and shoes horses’ hooves. He was hired to be the farrier to a minor girl’s horses. Hewlett began communicating with the minor regularly through text messages and social media applications. Then in August 2018, Hewlett recorded himself engaging in sexually explicit conduct with the minor in his bedroom. A few months later, in January 2019, Hewlett sent the minor the recording.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Acting U.S. Attorney Raj Parekh of the Eastern District of Virginia and Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office made the announcement.
This case was investigated by the Loudoun County Sheriff’s Office and the FBI’s Washington Field Office’s Child Exploitation and Human Trafficking Task force, which is composed of FBI agents along with local, state and federal partners.
Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section and former Assistant U.S. Attorney Nathaniel Smith III of the Eastern District of Virginia prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Prison Health Care Provider Naphcare Agrees to Settle False Claims Act AllegationsRead the Press Release
NaphCare Inc., headquartered in Birmingham, Alabama, has agreed to pay $694,593 to resolve allegations that the company violated the False Claims Act by knowingly submitting false claims to the Federal Bureau of Prisons (BOP) in connection with health care services provided to BOP inmates.
“Companies that do business with the government have an obligation to ensure that they charge only for the services they provide,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We will hold accountable those who knowingly fail to comply with this obligation and seek taxpayer funds to which they are not entitled.”
NaphCare subcontracts with physicians to provide health care services to inmates who reside at BOP facilities located throughout the United States. The United States alleged that NaphCare submitted inflated claims for evaluation and management services provided by several physicians at BOP’s Terre Haute, Indiana, facility between January 2014 and June 2020. Specifically, the United States alleged that, when certain physicians did not indicate the type of service performed on onsite visit sheets, NaphCare charged the government for higher-level services than were provided. The settlement also resolves allegations that, for two other physicians at BOP’s facility in Victorville, California, NaphCare similarly submitted claims that included higher-level services than those that were actually performed.
“This settlement is the result of the OIG’s innovative data analytics and other efforts to identify health care claims anomalies to protect taxpayer dollars,” said Special Agent in Charge Kenneth R. Dieffenbach of the Justice Department’s Office of the Inspector General, Fraud Detection Office. “Government contractors have a responsibility to ensure that all claims presented to the government are accurate.”
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the Department of Justice Office of Inspector General. This matter was handled by Trial Attorney Jonathan Gold.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
New Orleans Man Pleads Guilty to Conspiracy to Distribute Drugs and Possession of FirearmRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that NATHAN BALLANSAW III, age 69, of New Orleans, pled guilty to conspiracy to distribute cocaine, cocaine base and heroin, and firearms-related charges.
Specifically, on June 24, 2021, BALLANSAW pled guilty to one count of conspiracy to distribute and possess with the intent to distribute a quantity of cocaine hydrochloride, cocaine base, and heroin in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. BALLANSAW also pled guilty to one count of possessing a firearm in furtherance of a drug trafficking crime.
On the drug conspiracy, BALLANSAW faces a maximum sentence of 20 years imprisonment, a fine of up to $1,000,000, at least 3 years of supervised release and a mandatory $100 special assessment. On the firearm charge, BALLANSAW faces a mandatory minimum of 5 years of imprisonment, up to life imprisonment, a fine of up to $250,000, up to 5 years of supervised release, and a mandatory $100 special assessment.
According to court documents, BALLANSAW conspired to sell cocaine, cocaine base and heroin between September 12, 2015 and May 4, 2017. In furtherance of that drug-trafficking conspiracy, he possessed a Smith and Wesson Model 638-2 .38 caliber revolver on March 28, 2017.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Elizabeth Privitera and Jonathan L. Shih are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
New Orleans Man Pleads Guilty to Conspiracy to Distribute Drugs and Possession of FirearmRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that NATHAN BALLANSAW III, age 69, of New Orleans, pled guilty to conspiracy to distribute cocaine, cocaine base and heroin, and firearms-related charges.
Specifically, on June 24, 2021, BALLANSAW pled guilty to one count of conspiracy to distribute and possess with the intent to distribute a quantity of cocaine hydrochloride, cocaine base, and heroin in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. BALLANSAW also pled guilty to one count of possessing a firearm in furtherance of a drug trafficking crime.
On the drug conspiracy, BALLANSAW faces a maximum sentence of 20 years imprisonment, a fine of up to $1,000,000, at least 3 years of supervised release and a mandatory $100 special assessment. On the firearm charge, BALLANSAW faces a mandatory minimum of 5 years of imprisonment, up to life imprisonment, a fine of up to $250,000, up to 5 years of supervised release, and a mandatory $100 special assessment.
According to court documents, BALLANSAW conspired to sell cocaine, cocaine base and heroin between September 12, 2015 and May 4, 2017. In furtherance of that drug-trafficking conspiracy, he possessed a Smith and Wesson Model 638-2 .38 caliber revolver on March 28, 2017.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and Federal Bureau of Investigation in investigating this matter. Assistant United States Attorneys Elizabeth Privitera and Jonathan L. Shih are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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New Hampshire Man Sentenced to 21 Years in Prison for Sex Trafficking of a Minor and Other CrimesRead the Press Release
A New Hampshire man was sentenced to 21 years in federal prison, followed by five years of supervised release for sex trafficking of a minor, operation of a prostitution enterprise and maintaining a drug-involved premises. The court also ordered $20,800 in restitution to the victims.
After a three-day trial in March 2019, a federal jury found Steven Tucker, 36, of Manchester, guilty of one count of sex trafficking of a minor, one count of operating an interstate prostitution enterprise and one count of maintaining a property for drug trafficking.
Evidence presented at trial established that, between October 2013 and June 2014, the defendant operated drug and prostitution businesses in the Manchester area. He sold heroin to numerous individuals, including young women and a minor. Witnesses described how the defendant used their addictions to cause them to prostitute for his profit. The defendant would often front heroin to the women and then arrange prostitution “dates” for them. The women were required to give the defendant half of the proceeds and then purchase heroin from him with the remainder.
On other occasions, the defendant withheld heroin from the women, causing them to suffer painful withdrawal symptoms and then instructed them to prostitute to earn money to purchase heroin from him. The defendant’s scheme guaranteed that he had a steady source of drug customers and money. Some of the women were required to help the defendant sell his heroin and received heroin in exchange. The defendant used violence and threats to maintain control of the women. The investigation began in 2014, when the mother of one of the women called the Manchester Police Department after the defendant beat her daughter.
“The Civil Rights Division is committed to pursuing justice on behalf of vulnerable members of our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant preyed on young women and teenage girls living in the shadows and on the margins. He cruelly exploited their drug addictions for his own profit. This sentence sends a clear message that the United States will not tolerate human trafficking and will work tirelessly to restore the rights and dignity of its victims.”
“By exploiting and trafficking multiple victims, including a minor, this defendant committed egregious and reprehensible crimes,” said Acting U.S. Attorney John Farley of the District of New Hampshire. “The substantial sentence imposed today finally holds Mr. Tucker responsible for his actions and sends a clear message to the community that this conduct will not be tolerated. We will continue to work with our law enforcement partners and members of the New Hampshire Human Trafficking Collaborative Task Force to combat the human trafficking in the Granite State.”
“Today’s sentence brings to a conclusion one of the most disturbing cases of exploitative treatment of human trafficking victims that we have seen,” said William S. Walker, acting Special Agent in Charge, Homeland Security Investigations, Boston. “Mr. Tucker’s trial of harm and pain will unfortunately live within his victims for years to come, but, hopefully, they will take solace in knowing that the sentence imposed upon Mr. Tucker today effectively prevents him from causing more physical and psychological trauma to future victims. HSI was pleased to partner in this case with the New Hampshire Human Trafficking Collaborative Task Force, the U.S. Attorney’s Office for the District of New Hampshire, the Department of Justice Civil Rights Division’s Human Trafficking Prosecution Unit, the Manchester Police Department and the Hillsborough County Attorney’s Office. Without the tireless work of these partners, Mr. Tucker’s victims would never have had even the opportunity to achieve any measure of justice while continuing the healing process.”
This prosecution is the result of the joint investigation by Homeland Security Investigations and the Manchester Police Department, the New Hampshire Human Trafficking Collaborative Task Force, the U.S. Attorney’s Office for the District of New Hampshire and the Civil Rights Division’s Human Trafficking Prosecution Unit (HTPU). The Hillsborough County Attorney’s Office provided victim assistance in the case.
The New Hampshire Human Trafficking Collaborative Task Force is a multidisciplinary effort comprised of law enforcement as well as social, medical and legal services for victims of human trafficking. The Task Force is funded by a grant from the Department of Justice, Office of Victims of Crime (OVC) and Bureau of Justice Programs (BJA).
This case was prosecuted by Assistant U.S. Attorney Seth Aframe, former Assistant U.S. Attorney Arnold Huftalen for the District of New Hampshire and Trial Attorney Vasantha Rao for the Civil Rights Division’s HTPU, with assistance from HTPU Trial Attorney Maryam Zhuravitsky.
Las Vegas Business Owner Pleads Guilty in Fraudulent Income Tax Return SchemeRead the Press Release
A Las Vegas, Nevada, businesswoman pleaded guilty today to filing a false tax return.
According to court documents and admissions made in court, Graciela Rueda Alvarez, aka “Graciela Masso,” owned and operated two Las Vegas businesses: All Hose Inc. (AHI) and All Hose South LLC (AHS), which are distributors of industrial, hydraulic, and pneumatic hoses, connectors and fluid transfer systems. From 2013 to 2016, Rueda Alvarez transferred more than $950,000 of the profits from AHI and AHS to bank accounts she controlled, but did not report these funds as income on her personal federal tax returns. In total, Rueda Alvarez caused a tax loss to the IRS of $210,807.
Rueda Alvarez faces the statutory maximum penalty of three years in prison, one year of supervised release, and a fine of $250,000. In addition to the prison term, Rueda Alvarez has agreed to pay $458,728.52 in restitution, including past-due taxes, interest, and penalties. U.S. District Court Judge Jennifer A. Dorsey scheduled sentencing for Sept. 27.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, Acting U.S. Attorney Christopher Chiou for the District of Nevada, and Special Agent in Charge Albert Childress of the IRS Criminal Investigation made the announcement.
The IRS Criminal Investigation is investigating this case.
Assistant U.S. Attorney Jessica Oliva of the District of Nevada and Trial Attorney Michael Landman of the Tax Division are prosecuting the case.
Justice Department Files Lawsuit Against the State of Georgia to Stop Racially Discriminatory Provisions of New Voting LawRead the Press Release
The U.S. Justice Department announced today that it filed a lawsuit against the State of Georgia, the Georgia Secretary of State, and the Georgia State Election Board over recent voting procedures adopted by Georgia Senate Bill 202, which was signed into law in March 2021. The United States’ complaint challenges provisions of Senate Bill 202 under Section 2 of the Voting Rights Act.
“The right of all eligible citizens to vote is the central pillar of our democracy, the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland “This lawsuit is the first step of many we are taking to ensure that all eligible voters can cast a vote; that all lawful votes are counted; and that every voter has access to accurate information.”
“The right to vote is one of the most central rights in our democracy and protecting the right to vote for all Americans is at the core of the Civil Rights Division’s mission,” said Assistant Attorney General Kristen Clarke for Justice Department’s Civil Rights Division. “The Department of Justice will use all the tools it has available to ensure that each eligible citizen can register, cast a ballot, and have that ballot counted free from racial discrimination. Laws adopted with a racially motivated purpose, like Georgia Senate Bill 202, simply have no place in democracy today.”
“One of the fundamental rights of our democracy is the right to vote. That right should be protected for every citizen of our district, regardless of race,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “The United States Attorney’s Office for the Northern District of Georgia is committed to protecting the rights of all Americans to vote.”
The United States’ complaint contends that several provisions of Senate Bill 202 were adopted with the purpose of denying or abridging the right to vote on account of race. The Justice Department’s lawsuit alleges that the cumulative and discriminatory effect of these laws—particularly on Black voters—was known to lawmakers and that lawmakers adopted the law despite this.
The United States’ complaint challenges several provisions of Senate Bill 202, including a provision banning government entities from distributing unsolicited absentee ballot applications; the imposition of costly and onerous fines on civic organizations, churches and advocacy groups that distribute follow-up absentee ballot applications; the shortening of the deadline to request absentee ballots to 11 days before Election Day; the requirement that voters who do not have identification issued by the Georgia Department of Driver Services photocopy another form of identification in order to request an absentee ballot without allowing for use of the last four digits of a social security number for such applications; significant limitations on counties’ use of absentee ballot drop boxes; the prohibition on efforts by churches and civic groups to provide food or water to persons waiting in long lines to vote; and the prohibition on counting out-of-precinct provisional ballots cast before 5 p.m. on Election Day. The complaint asks the court to prohibit Georgia from enforcing these requirements.
Deputy Attorney General Lisa O. Monaco also issued a memo to United States Attorneys and FBI Field Offices today on investigating and prosecuting threats to election officials. To assist with this important effort the department will also establish an intra-Departmental task force to address the rising threats.
Today’s announcements follow Attorney General Garland’s recent commitment to expand the Justice Department’s efforts to safeguard voting rights.
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. Complaints 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 a list of the department’s actions to protect voting rights, click here.
Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense ProcurementRead the Press Release
G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig bids, allocate customers and fix prices for defense-related security services, including a multimillion-dollar contract issued in 2020 to provide security services to the U.S. Department of Defense for military bases and installations in Belgium. This is the first international resolution obtained by the Procurement Collusion Strike Force (PCSF).
“The Procurement Collusion Strike Force is committed to safeguarding public procurement at home and abroad from collusion that cheats American taxpayers out of the benefits of competition for critical goods and services,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The division, along with our law enforcement colleagues, will hold security services providers and their executives accountable for conduct that targeted contracts to secure Department of Defense bases and installations abroad.”
“The FBI is committed to rooting out corruption and fraud against the United States wherever it occurs,” said Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office. “Today’s announcement demonstrates the strength of our collaborative efforts to investigate and prosecute anticompetitive, fraudulent conduct that harms U.S. taxpayers.”
“Today’s plea agreement demonstrates the continued focus of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners on protecting the integrity of the military procurement process,” said Deputy Director Paul K. Sternal of DCIS. “DCIS is steadfast in its commitment to work with its law enforcement partners and the PCSF to hold defense contractors accountable for employing corrupt business practices that endanger the security and safety of our service members at home and abroad.”
“We will continue to pursue integrity in the contracting arena and work closely with the Department of Justice and other law enforcement agencies to prevent collusion and fraud, and bring those responsible to justice,” said Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “Protecting the military and the United States taxpayer is paramount.”
The charge filed in the U.S. District Court for the District of Columbia alleges that G4S participated in the conspiracy from spring 2019 through summer 2020. Between 2019 and 2020, G4S and its co-conspirators participated in a conspiracy to allocate security services contracts in Belgium among themselves and to determine the prices at which contracts would be bid. The contracts affected by the conspiracy include those for the U.S. Department of Defense and the North Atlantic Treaty Organization Communications and Information Agency, which is funded in part by the United States.
In addition to agreeing to plead guilty, G4S has agreed to pay a criminal fine of $15 million. The company began cooperating with the United States in April 2020 and will continue to cooperate in the ongoing investigation. The plea agreement is subject to court approval.
The Antitrust Division’s New York Office is prosecuting the case, which was investigated with the assistance of the FBI’s International Corruption Unit New York Field Office, the DCIS’ New York Resident Agency and the Transnational Operations Field Office, the U.S. Army CID's Major Procurement Fraud Unit, and other PCSF partners in Europe.
In November 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government – federal, state and local. In fall 2020, the Strike Force expanded its footprint with the launch of PCSF: Global, designed to deter, detect investigate and prosecute collusive schemes that target government spending outside of the United States.
To contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging, and other anticompetitive conduct related to the security services industry, go to https://www.justice.gov/procurement-collusion-strike-force.
Amec Foster Wheeler Energy Limited Agrees to Pay over $18 Million to Resolve Charges Related to Bribery Scheme in BrazilRead the Press Release
Amec Foster Wheeler Energy Limited (Amec Foster Wheeler or the Company), a subsidiary of John Wood Group plc (Wood), a United Kingdom-based global engineering company, has agreed to pay $18,375,000 to resolve criminal charges stemming from a scheme to pay bribes to officials in Brazil in exchange for an approximately $190 million contract to design a gas-to-chemicals complex.
According to court documents, Amec Foster Wheeler entered into a three-year deferred prosecution agreement (DPA) with the U.S. Justice Department, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York in connection with the filing of an information charging the Company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA).
“Amec Foster Wheeler has now admitted to paying bribes in Brazil to win a lucrative contract,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “In the pursuit of profits, the company resorted to corruption, which distorts markets and undermines the rule of law. Today’s resolution, including the financial penalty and agreement to enhance compliance, underscores the Department of Justice’s commitment to holding companies accountable when they break the law and to rooting out criminal misconduct.”
“Amec Foster Wheeler conspired to pay bribes to officials in Brazil as part of a corrupt scheme to obtain a $190 million government contract and generate millions of dollars in profits,” said Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York. “The defendant’s lengthy DPA and agreement to pay a penalty of more than $18 million demonstrate the commitment of this office to enforcing the anti-bribery provisions of the FCPA and holding companies like Amec Wheeler Foster accountable for its illegal conduct and corporate greed.”
“Today’s announcement demonstrates the FBI’s dedication to work with our international partners in the global effort to hold individuals and companies accountable who may believe corruption is the only way to do business,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “When companies like Amec Foster Wheeler attempt to cheat the system, it creates an uneven playing field for businesses who don’t pay bribes. This deferred prosecution agreement, which includes both a substantial criminal penalty and other provisions, should serve as a warning to companies that even using a third-party intermediary to pay bribes will not preclude them from being held responsible for international corruption.”
According to the Company’s admissions in the DPA, between 2011 and 2014, Amec Foster Wheeler conspired with others, including an Italian sales agent affiliated with a Monaco-based intermediary company, to pay bribes to decision-makers at Petrobras in order to win an approximately $190 million contract from Petrobras to design a gas-to-chemicals complex in Brazil called Complexo Gás-Químico UFN-IV. The Company, through certain of its employees and agents, took acts in furtherance of the scheme while located in New York and Texas, and earned at least $12.9 million in profits from the corruptly obtained business.
As part of the DPA, for a three-year period, Amec Foster Wheeler agreed to continue to cooperate with the U.S. government in any ongoing or future criminal investigations concerning Amec Foster Wheeler or its executives, employees or agents. In addition, under the agreement, Amec Foster Wheeler and its parent company, Wood, agreed to enhance their compliance programs and to report to the government on the implementation of their enhanced compliance programs.
The government reached this resolution with Amec Foster Wheeler based on a number of factors, including the Company’s failure to voluntarily and timely disclose the conduct that triggered the investigation; the nature and seriousness of the offense, which spanned multiple years and involved a high-level executive; and credit for the Company’s cooperation. The Company also engaged in remedial measures, including terminating an individual involved in the misconduct, and adopting heightened controls and anti-corruption procedures. Accordingly, the criminal penalty reflects a 25% reduction off the applicable U.S. Sentencing Guidelines fine for the Company’s full cooperation and remediation.
In related proceedings, the Company has received provisional court approval for a settlement with the United Kingdom’s Serious Fraud Office and has settled with the Ministério Público Federal (MPF), the Controladoria-Geral da União (CGU), and the Advogado-Geral da União (AGU) in Brazil. Under the DPA, the Fraud Section and the Eastern District of New York will credit up to 25% ($4,593,750) of the criminal penalty owed to the United States to payments the Company makes pursuant to the resolution with the United Kingdom’s Serious Fraud Office, and up to 33% ($6,125,000) of the criminal penalty owed to the United States to payments the Company makes pursuant to the resolution with Brazilian authorities.
In a related civil matter with the U.S. Securities and Exchange Commission (SEC), a subsidiary of Wood has agreed to pay the SEC disgorgement and prejudgment interest totaling approximately $22.7 million for the conduct in Brazil.
The FBI’s Washington Field Office is investigating the case. The United Kingdom’s Serious Fraud Office and Brazil’s MPF, CGU, and AGU provided significant assistance.
Assistant Chief Gerald M. Moody Jr. and Trial Attorney Dennis Kihm of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Julia Nestor of the Eastern District of New York are prosecuting the case.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Three Texas Men Sentenced to Prison for Using Dating App to Target Gay Men for Violent CrimesRead the Press Release
Three Texas men were sentenced yesterday for violent crimes.
Michael Atkinson, 28, Pablo Ceniceros-Deleon, 21, and Daryl Henry, 24, were sentenced to prison terms for their involvement in a scheme to target gay men for violent crimes. Atkinson was sentenced to over 11 years in prison, Ceniceros-Deleon was sentenced to 22 years in prison, and Henry was sentenced to 20 years in prison.
“These three men participated in and committed acts of violence against innocent victims because they believed the victims were gay men,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This type of bias-motivated violence runs contrary to our values and violates our federal civil rights laws. The Department of Justice’s Civil Rights Division will aggressively investigate and prosecute those who target members of the LGBTQI community.”
“These defendants brutalized multiple victims, singling them out due to their sexual orientation. We cannot allow this sort of violence to fester unchecked,” said Acting U.S. Attorney Prerak Shah for the Northern District of Texas. “The Department of Justice is committed to prosecuting hate crimes. In the meantime, we urge dating app users to remain vigilant. Unfortunately, predators often lurk online.”
“One of the FBI’s top priorities is to defend the civil rights of the communities we serve. We actively work with our law enforcement partners to investigate hate crimes and achieve justice for the victims impacted by these violent crimes,” said Special Agent in Charge Matthew J. DeSarno of the FBI Dallas Field Office. “The victims in this case were specifically targeted because of their sexual orientation. The FBI wants to reassure the public that we will pursue individuals who commit violent hate acts against any member of our community.”
According to documents filed in connection with this case, these three defendants admitted that they conspired to and then targeted as many as nine men in and around Dallas, Texas for violent crimes including kidnapping, carjacking, and hate crimes. Beginning on or around Dec. 6, 2017, members of this conspiracy used Grindr, a social media dating platform used primarily by gay men, to lure men to an apartment complex in Dallas. When the men arrived, the conspirators held the men at gunpoint and forced them to drive to local ATMs to withdraw cash from their accounts.
Atkinson and Henry admitted to joining this conspiracy to target gay men for violent crimes. On Dec. 11, 2017, the conspirators used Grindr to lure five men to a vacant apartment in Dallas where they held the men at gunpoint, kidnapped, carjacked, and assaulted them. As part of his plea agreement, Henry admitted that he used violence and threats of violence to hold the victims in the backroom and closet of the vacant apartment while other conspirators used the victims’ vehicles to drive to local ATMs to steal cash from the victims’ accounts. Atkinson and Ceniceros-Deleon admitted that they traveled in the carjacked vehicles to take cash from the victims’ accounts. While the victims were held at gunpoint, some were physically assaulted, at least one victim was sexually assaulted, and all of the victims were taunted with gay slurs.
In 2019, Atkinson pleaded guilty to one count of conspiracy to commit hate crimes, kidnapping and carjacking and one count of kidnapping.
Ceniceros-Deleon pleaded guilty in 2019 to one hate crime count, one count of carjacking, and one count of use of a firearm during and in relation to a crime of violence.
Henry pleaded guilty in 2019 to one hate crime count and one count of conspiracy to commit hate crimes, kidnapping and carjacking.
A final member of the conspiracy will be sentenced on Oct. 6, 2021. This final conspirator, Daniel Jenkins, pleaded guilty on June 3 to a hate crime violation; conspiracy to commit hate crimes, kidnapping and carjacking; and use of a firearm during and in relation to a crime of violence. Under the plea agreement, Jenkins faces a maximum sentence of 26 years in prison.
The FBI’s Dallas Field Office conducted the federal investigation; a separate criminal investigation is being conducted by the Dallas Police Department. Special Litigation Counsel Rose E. Gibson and Trial Attorney Kathryn Gilbert of the Justice Department’s Civil Rights Division, along with Assistant United States Attorney Nicole Dana, are prosecuting the case.
Statement of Attorney General Merrick B. Garland on the Investigation into the January 6th Attack on the CapitolRead the Press Release
U.S. Attorney General Merrick B. Garland’s statement on the investigation into the January 6th Attack on the Capitol:
“The Department of Justice reached several benchmarks in our investigation into the January 6th attack on the U.S. Capitol.
“We have now crossed the threshold of 500 arrests, including the 100th arrest of a defendant on charges of assaulting a federal law enforcement officer. This morning, we arrested our first defendant on charges that include assaulting a member of the news media.
“I could not be more proud of the extraordinary effort by investigators and prosecutors to hold accountable those who engaged in criminal acts that day. Particular credit goes to those serving as prosecutors and agents in Washington, D.C., as well as those in FBI field offices and U.S. Attorney’s Offices across the country, and with the Department’s National Security Division.
“Our efforts to bring criminal charges are not possible without the continued assistance of the American public. To date, we have received their more than 200,000 digital tips.
“I assure the American people that the Department of Justice will continue to follow the facts in this case and charge what the evidence supports to hold all January 6th perpetrators accountable.”
***
The FBI continues to request the public’s assistance in identifying individuals sought in connection to the January 6th attack, and I encourage all of our citizens to visit https://www.fbi.gov/wanted/capitol-violence to view images and video of the crimes committed that day. Anyone with information to share can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
The charges contained in any criminal complaint or indictment are merely allegations. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Kroger Shooter Sentenced to Life in Prison for Hate Crime MurdersRead the Press Release
A Kentucky man was sentenced in federal court to life in prison without parole in connection with his racially motivated murder of two Black patrons at a Kroger grocery store and his attempted murder of a third in Jeffersontown, Kentucky.
Gregory A. Bush, 53, of Louisville, Kentucky, previously pleaded guilty-but-mentally-ill to state charges for murder, attempted murder and wanton endangerment arising out of the shooting and was sentenced to a life term in state prison.
During his federal plea hearing, Bush admitted that on Oct. 24, 2018, he drove to a Kroger grocery store in Jeffersontown armed with a Smith & Wesson, model 411, .40-caliber pistol. In the store, Bush followed a Black man, who was shopping with his grandson, for the length of an aisle before pulling the gun from his waistband and shooting the victim in the back of the head. Bush then shot the victim several more times in the torso, killing him. Bush had no prior relationship with the victim and chose to shoot him because of the victim’s race. Bush then re-holstered his gun and calmly walked out of the store.
In the parking lot, Bush walked up to a Black woman and shot her several times in the head and body, killing her. Bush had no prior relationship with this victim and chose to shoot her because of her race.
Seconds later, Bush encountered a Black man who was in lawful possession of a handgun. The third victim asked Bush what was going on, and Bush, without responding, began walking toward him with the gun drawn. The third victim fired at Bush, and Bush returned fire. After about a minute, Bush stopped shooting and walked away. Bush had no prior relationship with the third victim and chose to shoot at him because of his race. Bush next encountered a white man, who was legally armed with a firearm. Bush told him, “Don’t shoot me [and] I won’t shoot you. Whites don’t shoot whites.”
“The defendant is being held accountable for his vicious, racially motivated attack on three Black individuals who were targeted because of the color of their skin, resulting in the untimely death of two of his victims and irreparable harm to the third,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Racially motivated acts of violence must not be tolerated in our country today. The Civil Rights Division of the Department of Justice will continue to work with our federal, state and local partners to ensure that individuals who commit bias-motivated crimes are brought to justice for their actions.”
“Life in prison is appropriate in light of the brutal acts committed by the defendant against our fellow citizens,” said Acting U.S. Attorney Michael A. Bennett of the Western District of Kentucky. “The initial law enforcement response and investigation, collaboration by federal and state prosecutors, and the sentence imposed serve notice to all that race-based violence will be met with swift and exacting justice.”
“Today, Mr. Bush was held responsible for his vile conduct,” said Special Agent in Charge Robert Brown of the FBI Louisville Field Office. “We are a diverse city and country, bound together by shared values and beliefs. We are also a nation of laws. When those like Mr. Bush betray our shared values and violate our laws, the FBI and its Department of Justice partners will be ready to hold them accountable. This is just one example of how hate and violence will not be tolerated and have no place in our community.”
“This was a heinous crime where innocent victims were gunned down for no other reason than the color of their skin,” said Special Agent in Charge R. Shawn Morrow of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Louisville Division. “The ATF Louisville Division worked tirelessly alongside our law enforcement partners to seek justice for the victims, their families and the community at large impacted by this hate crime. Today’s life sentence in prison demonstrates law enforcement’s stance against race-based violence and our commitment to justice.”
This case was investigated by the FBI Louisville Office, the ATF Louisville Field Division, and the Jeffersontown Police Department, and was prosecuted by Special Litigation Counsel Christopher J. Perras of the DOJ’s Civil Rights Division and Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky.
Justice Department Settles Claim Against Operators of a Utah On-The-Job Training Program for Discriminating Against AsyleeRead the Press Release
The Department of Justice today announced that it signed a settlement agreement with Montana-based Easterseals-Goodwill Northern Rocky Mountain Inc. (ESGW), which also operates in Utah, Idaho and Wyoming. The settlement resolves a claim that an ESGW office in Utah discriminated against an asylee by rejecting her documents that were valid proof of work authorization and demanding different documents to verify her employment eligibility, based on her immigration status. The investigation also determined that ESGW required other non-U.S. citizens to present unnecessary immigration documents to prove their authorization to work in the United States, in violation of the Immigration and Nationality Act (INA)’s anti-discrimination provision.
The department opened its investigation after the asylee filed a discrimination complaint against ESGW based on her experience with an ESGW on-the-job training program. The investigation showed that ESGW did not allow the asylee to provide her choice of legally acceptable documentation to show that she was authorized to work in the United States. The asylee had presented a valid state ID and unrestricted Social Security card, which are sufficient to complete the federal form (Form I-9) employers use to verify an employee’s identity and work eligibility. However, ESGW rejected the documents and demanded unnecessary additional documents to prove work authorization. The department also concluded that another Utah ESGW office demanded an immigration document from all non-U.S. citizens as a regular practice, even if these workers had already presented other documents sufficient to complete the Form I-9. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary or rejecting documents that reasonably appear genuine to prove work authorization based on employees’ citizenship, immigration status, or national origin. Instead, in the INA, Congress determined that workers may choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States, regardless of citizenship status or national origin.
“Employers may not demand more documents than required by law to prove work authorization based on a worker’s citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to protecting asylees and others who are not U.S. citizens from unlawful discrimination.”
Under the terms of the settlement agreement, ESGW will pay $6,186 in civil penalties to the United States, revise its policies and procedures and train relevant employees on the INA’s anti-discrimination provision.
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, 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. More information on the rights of refugees and asylees in the Form I-9 and E-Verify process is available here. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (e.g., Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Justice Department Reaches Agreement with San Luis Obispo County Jail to Ensure Safe and Equal Access to its Programs for Inmates with Mobility DisabilitiesRead the Press Release
The Justice Department today reached a settlement under Title II of the Americans with Disabilities Act (ADA) with San Luis Obispo County, California, to ensure that inmates with mobility disabilities have an equal opportunity to participate in San Luis Obispo Jail’s (SLO Jail) programs, services and activities.
Based on its investigation, the United States determined that SLO Jail facilities were inaccessible to inmates with mobility disabilities and denied them equal access to the Jail’s programs, services and activities. SLO fully cooperated with the Justice Department’s investigation and indicated a commitment to remedying barriers to equal access.
“Jails and prisons across our country must ensure that their facilities are accessible to people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Compliance with the Americans with Disabilities Act ensures that inmates with disabilities have equal access to basic necessities, such as showers and sleeping areas, and to all activities that are offered to inmates without disabilities. We commend the County for recognizing its obligations and working with the Department of Justice to bring the facilities at its jail into compliance with the law.”
“People with mobility disabilities are entitled to have access to cells and showers they can safely use while incarcerated,” said Acting United States Attorney for the Central District of California Tracy L. Wilkison. “San Luis Obispo County has taken important steps to ensure that the facilities at its jail are in compliance with the ADA.”
Under the ADA, governmental entities that operate jails or prisons must make changes necessary to ensure that inmates with mobility disabilities do not serve time in a manner that is more difficult, or less safe, than those without disabilities.
The department opened its investigation after receiving a complaint by a former inmate at SLO Jail who has a mobility disability and uses a prosthetic leg. The inmate alleged that SLO Jail failed to provide him with an accessible cell or shower, causing him to fall repeatedly and, in one instance, to break his leg. The complainant also alleged that, because of his disability, SLO Jail denied him equal opportunities for recreation and other programs, leading him to experience unnecessary isolation.
Under the agreement, SLO Jail will make architectural changes to its facilities to ensure that they are accessible to inmates with disabilities. The Jail will also train relevant staff, designate an ADA coordinator and implement an ADA complaint procedure. In addition, the Jail will pay $175,000 to the complainant to compensate him for his pain and suffering.
For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). ADA complaints may be filed online at http://www.ada.gov/complaint/.
High-Level Member of Hacking Group Sentenced to Prison for Scheme that Compromised Tens of Millions of Debit and Credit CardsRead the Press Release
A Ukrainian national was sentenced today in the Western District of Washington to seven years in prison for his role in the criminal work of the hacking group FIN7. The defendant was also ordered by the court to pay restitution in the amount of $2,500,000.
According to documents filed in the case, statements made at the sentencing, and public documents, Andrii Kolpakov, 33, who has used a number of different names, served as a high-level hacker, whom the group referred to as a “pen tester,” for FIN7. He was arrested in Lepe, Spain, on June 28, 2018, at the request of U.S. law enforcement and was extradited to the United States on June 1, 2019. In June 2020, he pleaded guilty to one count of conspiracy to commit wire fraud and one count of conspiracy to commit computer hacking.
According to public documents, since at least 2015, members of FIN7 (also referred to as Carbanak Group and the Navigator Group, among other names) engaged in a highly sophisticated malware campaign to attack hundreds of U.S. companies, predominantly in the restaurant, gambling and hospitality industries. FIN7 hacked into thousands of computer systems and stole millions of customer credit and debit card numbers that were then used or sold for profit. FIN7, through its dozens of members, launched waves of malicious cyberattacks on numerous businesses operating in the United States and abroad. FIN7 carefully crafted email messages that would appear legitimate to a business’s employees and accompanied emails with telephone calls intended to further legitimize the emails. Once an attached file was opened and activated, FIN7 would use an adapted version of the Carbanak malware, in addition to an arsenal of other tools, to access and steal payment card data for the business’s customers. Since 2015, many of the stolen payment card numbers have been offered for sale through online underground marketplaces.
In the United States alone, FIN7 successfully breached the computer networks of businesses in all 50 states and the District of Columbia, stealing more than 20 million customer card records from over 6,500 individual point-of-sale terminals at more than 3,600 separate business locations. According to court documents, victims incurred enormous costs that, according to some estimates, exceeded $1 billion. Additional intrusions occurred abroad, including in the United Kingdom, Australia and France. Companies that have publicly disclosed hacks attributable to FIN7 include Chipotle Mexican Grill, Chili’s, Arby’s, Red Robin and Jason’s Deli.
Kolpakov was involved with FIN7 from at least April 2016 until his arrest in June 2018. He also managed other hackers tasked with breaching the security of victims’ computer systems. During the course of the scheme, Kolpakov received compensation for his participation in FIN7, which far exceeded comparable legitimate employment in Ukraine. Moreover, FIN7 members, including Kolpakov, were aware of reported arrests of other FIN7 members, but nevertheless continued to attack U.S. businesses.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington; and Special Agent in Charge Donald M. Voiret of the FBI’s Seattle Field Office made the announcement.
This case is the result of an investigation conducted by the Seattle Cyber Task Force of the FBI and the U.S. Department of Justice. The Justice Department’s Office of International Affairs, the National Cyber-Forensics and Training Alliance, numerous computer security firms and financial institutions, FBI offices across the nation and globe, as well as a number of international agencies provided significant assistance. Spanish law enforcement authorities provided significant assistance by arresting Kolpakov.
This case was prosecuted by Trial Attorney Anthony Teelucksingh of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Francis Franze-Nakamura and Steven Masada of the Western District of Washington.
El Departamento de Justicia resuelve una acusación presentada contra operadores de un programa de capacitación laboral en Utah por haber discriminado a un postulante que era asiladaRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Easterseals-Goodwill Northern Rocky Mountain Inc. («ESGW»), con sede en Montana y operaciones en Utah, Idaho y Wyoming. El acuerdo resuelve una acusación de que la oficina de ESGW en Utah había discriminado a una asilada al rechazar sus documentos, los cuales eran pruebas válidas de su autorización para trabajar, y exigir documentos diferentes para verificar su elegibilidad para trabajar, por motivos de su estatus de ciudadanía. Asimismo, la investigación también determinó que ESGW requirió que otros no ciudadanos de los EE. UU. presentasen documentos migratorios innecesarios para demostrar su autorización para trabajar en los Estados Unidos, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).
El Departamento inició su investigación tras la presentación por parte de una asilada de una denuncia de discriminación contra ESGW que se basaba en su experiencia con el programa de capacitación laboral de ESGW. La investigación halló que ESGW no permitió a la asilada escoger los documentos legalmente aceptables que quería presentar para demostrar que estaba autorizada para trabajar en los Estados Unidos. La asilada había presentado un carnet de identidad estatal válido y una tarjeta de seguro social sin restricciones, lo que debe ser suficiente como para completar el formulario federal (Formulario I-9) que los empleadores usan para comprobar la identidad de sus empleados, así como su elegibilidad para trabajar. No obstante, ESGW rechazó los documentos y pidió documentos adicionales innecesarios para demostrar una autorización para trabajar. Asimismo, el Departamento concluyó que, como práctica habitual, otra oficina de ESGW en Utah exigía un documento migratorio a todo individuo no ciudadano de los EE. UU., incluso cuando estos trabajadores ya habían presentado otros documentos que deberían ser suficientes como para completar el Formulario I-9. La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios o que rechacen documentos que parecen ser genuinos para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que los trabajadores pueden elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su elegibilidad para trabajar en los Estados Unidos, independientemente de su estatus de ciudadanía o nacionalidad de origen.
«Los empleadores no pueden exigir, por motivos del estatus migratorio o de ciudadanía de un trabajador, más documentos de los que por ley se requieren para demostrar su autorización para trabajar» afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles se ha comprometido a proteger a los asilados y otros individuos que no son ciudadanos de los EE. UU. de la discriminación ilícita».
Conforme los términos del acuerdo conciliatorio, ESGW pagará una sanción civil que asciende a 6.186 $ a los Estados Unidos; revisará sus políticas y procedimientos y capacitará a los empleados relevantes acerca de la disposición antidiscriminatoria de la INA.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información sobre los derechos de refugiados y asilados en el proceso del Formulario I-9 e E-Verify aquí. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
El Departamento de Justicia resuelve una acusación presentada contra operadores de un programa de capacitación laboral en Utah por haber discriminado a un postulante que era asiladaRead the Press Release
El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Easterseals-Goodwill Northern Rocky Mountain Inc. («ESGW»), con sede en Montana y operaciones en Utah, Idaho y Wyoming. El acuerdo resuelve una acusación de que la oficina de ESGW en Utah había discriminado a una asilada al rechazar sus documentos, los cuales eran pruebas válidas de su autorización para trabajar, y exigir documentos diferentes para verificar su elegibilidad para trabajar, por motivos de su estatus de ciudadanía. Asimismo, la investigación también determinó que ESGW requirió que otros no ciudadanos de los EE. UU. presentasen documentos migratorios innecesarios para demostrar su autorización para trabajar en los Estados Unidos, en contra de la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés).
El Departamento inició su investigación tras la presentación por parte de una asilada de una denuncia de discriminación contra ESGW que se basaba en su experiencia con el programa de capacitación laboral de ESGW. La investigación halló que ESGW no permitió a la asilada escoger los documentos legalmente aceptables que quería presentar para demostrar que estaba autorizada para trabajar en los Estados Unidos. La asilada había presentado un carnet de identidad estatal válido y una tarjeta de seguro social sin restricciones, lo que debe ser suficiente como para completar el formulario federal (Formulario I-9) que los empleadores usan para comprobar la identidad de sus empleados, así como su elegibilidad para trabajar. No obstante, ESGW rechazó los documentos y pidió documentos adicionales innecesarios para demostrar una autorización para trabajar. Asimismo, el Departamento concluyó que, como práctica habitual, otra oficina de ESGW en Utah exigía un documento migratorio a todo individuo no ciudadano de los EE. UU., incluso cuando estos trabajadores ya habían presentado otros documentos que deberían ser suficientes como para completar el Formulario I-9. La disposición antidiscriminatoria de la INA prohíbe que los empleadores pidan documentos adicionales o diferentes a los que sean necesarios o que rechacen documentos que parecen ser genuinos para demostrar la autorización para trabajar con base en el estatus migratorio o de ciudadanía del empleado o bien por su nacionalidad de origen. A su vez, en la INA, el Congreso determinó que los trabajadores pueden elegir los documentos válidos y legalmente aceptables que desean presentar para demostrar su elegibilidad para trabajar en los Estados Unidos, independientemente de su estatus de ciudadanía o nacionalidad de origen.
«Los empleadores no pueden exigir, por motivos del estatus migratorio o de ciudadanía de un trabajador, más documentos de los que por ley se requieren para demostrar su autorización para trabajar» afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles se ha comprometido a proteger a los asilados y otros individuos que no son ciudadanos de los EE. UU. de la discriminación ilícita».
Conforme los términos del acuerdo conciliatorio, ESGW pagará una sanción civil que asciende a 6.186 $ a los Estados Unidos; revisará sus políticas y procedimientos y capacitará a los empleados relevantes acerca de la disposición antidiscriminatoria de la INA.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información sobre los derechos de refugiados y asilados en el proceso del Formulario I-9 e E-Verify aquí. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía, o bien por su nacionalidad de origen, en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (p. ej. el Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a IER@usdoj.gov; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Texas Attorney and Client Sentenced for Conspiracy to Defraud the United States and Income Tax EvasionRead the Press Release
Texas attorney and former member of the Idaho legislature, John O. Green, and his client, Texas inventor Thomas Selgas, were sentenced yesterday for conspiracy to defraud the United States and tax evasion. Selgas was sentenced to 18 months in prison and Green to six months.
Selgas and Green were convicted by a jury in Federal District Court in Dallas on Jan. 15, 2020. According to the evidence presented at trial, Selgas conspired with Green, an attorney licensed to practice in Texas, to defraud the United States by obstructing the IRS’s efforts to assess and collect Selgas’s taxes. Selgas and his wife owed approximately $1.1 million in taxes that Selgas refused to pay. When the IRS sought to collect those taxes, Selgas concealed, with the assistance of Green, substantial funds by using Green’s Interest on Lawyers Trust Account (IOLTA) rather than using financial accounts in Selgas’s own name. An IOLTA is an escrow bank account used by a lawyer to hold money in trust for clients. From 2007 to 2017, Selgas deposited proceeds from the sale of gold coins and other income into Green’s IOLTA. At the direction of Selgas, Green would then use that escrow account to pay the personal expenses of Selgas and his wife, including their credit card bills. This use of the IOLTA concealed Selgas’s income from the IRS and thwarted its ability to identify funds he possessed, which could be used to offset the taxes owed. Selgas and Green also filed a false tax return on behalf of MyMail Ltd., an intellectual property development and licensing partnership Selgas co-founded, omitting a substantial portion of the partnership’s actual income.
In addition to the term of imprisonment, U.S. District Judge Karen Gren Scholer ordered Selgas to serve thee years of supervised release and to pay approximately $1,323,776.92 in restitution to the United States. Judge Scholer ordered Green to serve three years of supervised release and to pay approximately $679,501.50 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Prerak Shah of the Northern District of Texas made the announcement.
Trial Attorneys Robert Kemins and Mitchell Galloway of the Justice Department’s Tax Division prosecuted the case.
Tennessee Doctor Pleads Guilty to Hydrocodone Distribution Resulting in DeathRead the Press Release
A Tennessee physician pleaded guilty today in the Western District of Tennessee to causing the death of one of his patients through his illegal prescribing of hydrocodone.
According to court documents, Thomas K. Ballard III, 63, of Jackson, owned and operated the Ballard Clinic, from which he issued prescriptions for dangerous, addictive controlled pharmaceutical drugs without any legitimate medical purpose. Ballard engaged in inappropriate sexual contact with several female patients while he ignored red flags that they were abusing the medications he prescribed. These abuses were often reflected in Ballard’s own medical records.
Ballard’s treatment records reflected that he believed that a particular patient had psychiatric issues, and that she was abusing her medication, fabricating personal trauma and tampering with drug screens. The records also reflected aberrant drug screens and notations about the patient’s incarceration and receipt of prescriptions elsewhere for suboxone, a drug used to treat opioid dependency disorder. In spite of that history, Ballard prescribed the patient hydrocodone repeatedly, including on May 28, 2015, when Ballard issued her the prescription for the hydrocodone on which she fatally overdosed.
“Today’s plea is a somber reminder of the human cost of illegal prescribing,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “Above all, physicians are trusted not to harm their patients. When opioid addictions are fueled at the hands of predatory prescribers, death is all too often the result. The Department of Justice and its law enforcement partners will continue to use all of the tools at our disposal to hold such prescribers accountable.”
“This case represents Tennessee Bureau of Investigation Medicaid Fraud Control Division’s commitment to fighting the opioid epidemic plaguing our state, exposing fraudulent health care schemes, and holding offenders accountable for their dishonest criminal conduct,” said Special Agent-In-Charge Terry L. Reed Sr. of the Tennessee Bureau of Investigation (TBI).
“Ballard has proven himself to be nothing more than a predator in a white lab coat, and he should expect to be punished accordingly,” said Special Agent in Charge J. Todd Scott of the DEA’s Louisville Division. “Doctors take an oath to first do no harm, and instead, Ballard chose to put his own licentious interests above his patients’ well-being.”
“Ballard’s callous disregard for the well-being of his patients and the principles of his profession caused the death of a vulnerable woman and put other lives at risk,” said Special Agent in Charge Derrick L. Jackson with the Department of Health and Human Services Office of Inspector General (HHS-OIG). “The damage he caused is severe and irreparable. HHS-OIG, alongside other law enforcement agencies, works to pursue medical professionals who inflict harm on patients in their care.”
Ballard pleaded guilty to a count of illegal drug distribution resulting in death. He will be sentenced to 20 years in prison, the statutory mandatory minimum, on Sept. 21, if the court accepts his plea agreement. A federal district court judge will determine any non-incarceration aspect of Ballard’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The TBI, DEA, and HHS-OIG investigated the case.
Trial Attorneys Jason Knutson, Drew Pennebaker, and Emily Petro of the Criminal Division’s Fraud Section are prosecuting the case.
United States Seizes Websites Used by the Iranian Islamic Radio and Television Union and Kata’ib HizballahRead the Press Release
Today, pursuant to court orders, the United States seized 33 websites used by the Iranian Islamic Radio and Television Union (IRTVU) and three websites operated by Kata’ib Hizballah (KH), in violation of U.S. sanctions.
On Oct. 22, 2020, the Office of Foreign Assets Control (OFAC) designated IRTVU as a Specially Designated National (SDN) for being owned or controlled by the Islamic Revolutionary Guard Corps Quds Force (IRGC). SDNs are prohibited from obtaining services, including website and domain services, in the United States without an OFAC license. OFAC’s announcement explained that components of the government of Iran, to include IRTVU and others like it, disguised as news organizations or media outlets, targeted the United States with disinformation campaigns and malign influence operations. Thirty-three of the websites seized today were operated by IRTVU. The 33 domains are owned by a United States company. IRTVU did not obtain a license from OFAC prior to utilizing the domain names.
Three additional websites seized today were operated by KH. On July 2, 2009, OFAC designated KH an SDN, and the Department of State designated KH a Foreign Terrorist Organization. The announcements described KH as an Iraqi terrorist organization that committed, directed, supported or posed a significant risk of committing acts of violence against Coalition and Iraqi Security Forces. OFAC further explained that the IRGC provides lethal support to KH and other Iraqi Shia militia groups who target and kill Coalition and Iraqi Security Forces. The three domains operated by KH were owned by a United States company. KH did not obtain a license from OFAC prior to utilizing the domain names.
These website seizures were investigated by the U.S. Department of Commerce’s Bureau of Industry and Security, Office of Export Enforcement and the FBI. The National Security Division’s Counterintelligence and Export Control Section prosecuted the seizure.
Assistant Attorney General John C. Demers for the Justice Department’s National Security Division; Special Agent in Charge J.C. (Chris) Hacker, of the FBI’s Atlanta Field Office; and Special Agent in Charge Ariel Joshua Leinwand, of the Bureau of Industry and Security, Office of Export Enforcement’s Atlanta Office, made the announcement.
The National Security Division’s Counterintelligence and Export Control Section is investigating this matter in coordination with the FBI’s Counterterrorism Division and Atlanta Field Office.
Texas Man Sentenced to 40 Years in Prison for Running Child Obscenity WebsiteRead the Press Release
A Texas man was sentenced today in the Western District of Texas to 40 years in prison for multiple obscenity crimes involving children.
Thomas Alan Arthur, 65, of Terlingua, was convicted by a federal jury on Jan. 21, 2021, of three counts of trafficking in obscene visual representations of the sexual abuse of a child, five counts of trafficking in obscene text stories about the sexual abuse of children, and one count of engaging in the business of selling obscene matters involving the sexual abuse of children.
According to court documents and evidence introduced at trial, Arthur began operating the Mr. Double website in 1996 and began charging members for access to the site in 1998. The website was dedicated to publishing writings that detail the sexual abuse of children, including the rape, torture and murder of infants and toddlers. The evidence at trial showed that all submissions for publication were reviewed and approved by Arthur before he posted them on the site. Some of the author pages contained drawings depicting children engaged in sexually explicit conduct. Evidence at trial showed that the website was Arthur’s sole source of income for more than 20 years. The site was taken offline in November 2019 when the FBI executed a search warrant at his residence near Terlingua, where Arthur administered the site. Pursuant to a Mutual Legal Assistance Treaty with the Netherlands, additional evidence was obtained from the server in the Netherlands, where the site was hosted.
Additionally, according to court documents and statements made at the sentencing, Arthur sexually assaulted two females who came forward during the investigation of this case. Court documents and statements made in court showed that in approximately 1992, Arthur drugged an adult woman living with him, sexually assaulted her and video recorded it. In another instance, in the early 1980s, Arthur molested a girl when she was four or five years old, who was the daughter of a friend and business associate.
In addition to the term of imprisonment, Arthur was sentenced to three years of supervised release and a $50,000 fine.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and U.S. Attorney Ashley C. Hoff for the Western District of Texas made the announcement.
Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Monica Morrison of the Middle District of Tennessee and Assistant U.S. Attorney Fidel Esparza of the Western District of Texas are prosecuting the case with assistance from the Justice Department’s Office of International Affairs.
The FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Department of Public Safety, and Brewster County Sheriff’s Office investigated the case. Special thanks are extended to the government of the Netherlands for its assistance.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Owner and CEO of Government Contracting Firm Pleads Guilty to Bribery SchemeRead the Press Release
A North Carolina woman pleaded guilty today in the Eastern District of Virginia to engaging in a bribery scheme with a former contracting officer for the Broadcasting Board of Governors (BBG), now known as the U.S. Agency for Global Media.
According to court documents, Rita M. Starliper, 60, of Greensboro, was the owner and CEO of a government contracting firm that previously provided professional staffing services to the BBG. Between late 2014 and late 2016, Starliper, a BBG contracting officer, and others associated with Starliper’s company agreed to and did hire and pay the contracting officer’s relative for a job involving minimal work and that resulted in payments to the relative of more than $68,000. In exchange, the BBG contracting officer took official actions that benefitted Starliper and her company, including the awarding of a professional staffing contract worth millions of dollars. The BBG contracting officer also took steps to steer the procurement process and provide preferential treatment to Starliper’s company.
Starliper pleaded guilty to one count of conspiracy to commit bribery and honest services mail fraud. She is scheduled to be sentenced on Nov. 5, 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.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Acting U.S. Attorney Raj Parekh of the Eastern District of Virginia, Special Agent in Charge Elisabeth Kaminsky of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement.
The Department of State Office of Inspector General and the FBI investigated the case.
Special Assistant U.S. Attorney for the Eastern District of Virginia and Senior Litigation Counsel Edward P. Sullivan and Trial Attorney Jordan Dickson of the Justice Department’s Public Integrity Section are prosecuting the case.
Mark Mayo Sentenced to Federal Prison for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Mark Mayo, age 43, from Barrigada, Guam, was sentenced in the United States District Court of Guam to 120 months imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride and Attempted Possession of Methamphetamine Hydrochloride with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Court also ordered 5 years of supervised release following imprisonment and a mandatory $200 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On May 10, 2018, the United States Postal Inspection Service discovered a parcel of mail that contained suspected methamphetamine. Joseph R. Roman II subsequently claimed the package at the Barrigada Post Office. Roman then entered a car driven by Daniel Topasna Pangelinan. Surveillance units observed Roman dispose of the package behind a shelter in Dededo. Law enforcement retrieved the package and detained Roman and Pangelinan. Pangelinan later stated that Mark Mayo was supposed to pick up the discarded package and deliver it to Lovelia Mendoza. Soon after the package was discarded, Mayo called Pangelinan and said that the “feds” got the package. Messages on Pangelinan’s phone corroborated his version of events.
On February 10, 2021, a federal jury found Mayo guilty as charged. The evidence revealed that the package contained 418.7 grams of methamphetamine hydrochloride with a 98% purity.
U.S. Attorney Anderson stated, “Our office is committed to aggressively prosecuting drug offenses in Guam and the CNMI. Substantial penalties, including mandatory minimum terms of imprisonment, apply to many of these crimes. Considering the effects of methamphetamine on our communities, we must make every effort toward deterrence and accountability.”
FBI Honolulu Special Agent in Charge (SAC) Steven Merrill said, “Drugs have a detrimental impact in the community of Guam and we will not cede our communities to drug traffickers who have no regard for the harm they bring into our neighborhoods. The FBI Honolulu Division, Guam Resident Agency is dedicated to identifying and investigating individuals engaged in narcotics trafficking and holding them accountable. We will continue to work with our partners such as the U.S. Postal Inspection Service, the Department of Homeland Security Investigations, and the United States Attorney’s Office in our collective efforts to identify, investigate and prosecute narcotics traffickers, and make our communities safer.”
This case was a result of a joint investigation by the Federal Bureau of Investigation, United States Postal Inspection Service, and Homeland Security Investigations. The case was prosecuted by Laura C. Sambataro, Assistant United States Attorney in the District of Guam.
Joint EU-U.S. Statement Following the EU-U.S. Justice and Home Affairs Ministerial MeetingRead the Press Release
On 22 June 2021, the Portuguese Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Lisbon. The United States was represented by the Secretary for Homeland Security Alejandro N. Mayorkas, and by Deputy Assistant Attorney General and DOJ Counselor for International Affairs Bruce Swartz. The European Union, hosting the meeting, was represented by the Vice-President of the European Commission Margaritis Schinas, the Commissioner for Justice Didier Reynders, the Commissioner for Home Affairs Ylva Johansson, as well as the Portuguese Ministers for Justice Francisca Van Dunem and for Home Affairs Eduardo Cabrita, on behalf of the current Presidency of the Council of the European Union. The incoming Presidency of the Council was represented by the Slovenian Minister of the Interior Aleš Hojs.
The meeting in Lisbon was an opportunity to reaffirm the commitment of the European Union and the United States to work together and renew the transatlantic partnership at a time of major challenges for our societies. The two sides concurred that cooperation on Justice and Home Affairs remains crucial, as we gradually emerge from the COVID-19 pandemic. They further underscored their mutual commitment to uphold democracy and the respect for the rule of law.
The United States and the European Union will continue their joint efforts and work together to address and combat existing and emerging threats that affect our societies. Terrorism in all its forms remains a top security threat for the United States and the European Union, requiring prevention, permanent vigilance, adaptation and resilience from all relevant actors. Both sides praised the operational work and information exchange between EU agencies and U.S. law enforcement and judicial authorities to combat terrorism and serious and organised crime. Examples of such work were presented.
The United States and the European Union expressed their strong concern with the rise of violent extremism, as well as crimes inspired by hate speech, racism and xenophobia both in Europe and the United States. Violent extremism represents a direct threat to our democratic societies and deserves renewed attention by law enforcement, judicial authorities, the private sector and civil society. The United States and the European Union will pursue and expand their information exchanges on violent extremist groups, in particular, those with transnational linkages.
The United States and the European Union stressed the importance of Passenger Name Record (PNR) data exchange as a key instrument to prevent, detect, investigate and prosecute terrorism, combat serious crime, including child exploitation, and protect the safety of citizens, as supported by the recent joint evaluation of the PNR Agreement between the European Union and the United States. Both sides expressed their mutual commitment to the continued exchange of PNR data while respecting privacy requirements, and to work together on the findings and recommendations of the joint evaluation, in an open, swift and constructive way.
The United States and the European Union acknowledged the need to cooperate and shape a digital future based on our shared democratic values. The United States and the European Union acknowledged the potential benefits and risks of using Artificial Intelligence technologies for law enforcement and the judiciary. They also reaffirmed their dedication to develop and use such technologies in a trustworthy manner in conformity with human rights obligations. They further exchanged views on current and upcoming European Union efforts on tackling illegal content online, including the need to improve the cooperation between the authorities and online platforms to detect ongoing criminal activity. The United States and the European Union commit to continue to work together on how law enforcement and judicial authorities can most effectively exercise their lawful powers to combat serious crime both online and offline. They agreed on the importance of together combating ransomware, including through law enforcement action, raising public awareness on how to protect networks, as well as the risk of paying the criminals responsible, and to encourage those states that turn a blind eye to this crime to arrest and extradite or effectively prosecute criminals on their territory.
As regards bilateral and multilateral instruments to facilitate the fight against cybercrime, the United States and the European Union restated their commitment to negotiate as soon as possible an EU-U.S. agreement facilitating access to e-evidence for the purpose of cooperation in criminal matters. Both sides also welcomed the recent approval by the Committee of State Parties to the Budapest Convention of the draft text of the Second Additional Protocol of the Budapest Convention, which remains the primary instrument for international cooperation on cybercrime. The United States and the European Union noted with appreciation their very good cooperation in the framework of the negotiations on a possible future United Nations international legal instrument on cybercrime and committed to continue to closely coordinate their respective positions.
The United States and the European Union underlined the importance of well-managed and humane migration and discussed their respective efforts to develop comprehensive and long-lasting migration and asylum policies. Humanitarian protection should always be available to those who qualify for it, while unmeritorious claims must be detected quickly (including through information sharing and modern identity management techniques) and prevented from overwhelming our systems or public confidence in them. This agenda will require cooperation with third countries of origin, transit and destination, which also have a responsibility to discourage people from enlisting smugglers and traffickers and otherwise putting their lives at risk by taking a dangerous, irregular journey. In this context, both sides reaffirmed their interest in expanding the transatlantic dialogue on migration and mobility, with a focus on sharing lessons learned, exploring complementary pathways to migration, addressing the root causes of migration, improving the return and readmission of irregular migrants and enhancing cooperation in combatting migrant smuggling.
The United States and the European Union welcomed the progress made by the four EU Member States that have not yet been designated to the Visa Waiver Program and reiterated their willingness to pursue ongoing efforts in the context of the tripartite process and bilateral discussions.
Finally, the United States and the European Union reiterated their support to ensure safe and secure mobility and continued to exchange information on their respective measures towards the gradual resumption of non-essential international travel. Both sides committed to reinitiate secure travel between the United States and EU Member States as soon as possible, based on the principles of mutual cooperation, efficient operation of the international travel system and scientific evidence.
Reaffirming their joint commitment to advance together towards common solutions in all these areas, the United States and the European Union agreed to meet again in the second half of 2021 in Washington, D.C.
Department of Justice Announces Formation of Firearms Trafficking Strike Forces to Crack Down on Sources of Crime GunsRead the Press Release
Today, the Department of Justice announced it will launch five cross-jurisdictional firearms trafficking strike forces within the next 30 days to help reduce violent crime by addressing illegal gun trafficking in significant firearms trafficking corridors. Tomorrow, the Attorney General will discuss with the President, law enforcement officials, and local and community leaders, this initiative, which, along with other measures, the Department of Justice is undertaking as part of the administration-wide comprehensive strategy to combat the rise in violent crime.
Gun violence is a major driver in the increase in violent crime over the last 18 months, and today’s action is an important step in stemming the supply of illegally trafficked firearms which are used in deadly shootings and other violent crimes.
“Working with our local partners to tackle violent crime is one of the Justice Department’s most important responsibilities,” said Attorney General Merrick B. Garland. “Today, the department is taking another concrete step to address violent crime and illegal firearms trafficking. Our firearms trafficking strike forces will investigate and disrupt the networks that channel crime guns into our communities with tragic consequences. This effort reflects our shared commitment to keep communities safe.”
The five strike forces will focus on significant firearms trafficking corridors that channel guns into New York, Chicago, Los Angeles, the San Francisco Bay Area and Washington, D.C. They will be led by designated U.S. Attorneys who will coordinate with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and with state and local law enforcement partners in places where firearms originate and where they are used to commit crimes. The strike forces will share information and otherwise collaborate across districts where firearms trafficking schemes cross state or jurisdictional boundaries to focus enforcement against entire trafficking networks, from the places where guns are unlawfully obtained to the areas where they are used to commit violent crimes.
At an event today hosted by the Police Executive Research Forum, attended by hundreds of law enforcement professionals from around the country, the Deputy Attorney General spoke about the strike force launch, emphasizing the department’s commitment to working closely with state, local, tribal and territorial law enforcement partners as part of a comprehensive approach to reduce crime and make our communities safer.
Today’s announcement builds on the Justice Department’s broader Violent Crime Reduction Initiative, announced on May 26, 2021, that supports local communities in preventing, investigating and prosecuting gun violence and other violent crime. In guidance to federal agents and prosecutors as part of that comprehensive strategy, the Deputy Attorney General made clear that firearms traffickers that provide weapons to violent offenders are an enforcement priority across the country.
Turkish Businessman Arrested in Austria on Charges that He Allegedly Laundered over $133 Million in Fraud ProceedsRead the Press Release
A Turkish businessman was arrested in Austria on June 19, at the request of the U.S. Department of Justice. This arrest followed a superseding indictment returned by a federal grand jury in Salt Lake City, Utah, on April 28, which was unsealed today. The superseding indictment charged Sezgin Baran Korkmaz with one count of conspiring to commit money laundering, 10 counts of wire fraud, and one count of obstruction of an official proceeding.
According to the superseding indictment, Korkmaz laundered over $133 million in fraud proceeds through bank accounts that he controlled in Turkey and Luxembourg. The proceeds allegedly related to a scheme by Jacob Kingston, Isaiah Kingston, and Levon Termendzhyan to defraud the U.S. Treasury by filing false claims for over $1 billion in refundable renewable fuel tax credits for the production and sale of biodiesel by their company, Washakie Renewable Energy LLC, in Plymouth, Utah.
Korkmaz and his co-conspirators allegedly used proceeds from the fraud to acquire the Turkish airline Borajet, hotels in Turkey and Switzerland, a yacht named the Queen Anne, and a villa and apartment on the Bosphorus strait in Istanbul.
The indictment further charges Korkmaz with 10 counts of wire fraud. As alleged, Korkmaz devised a scheme to defraud Jacob Kingston and Isaiah Kingston by falsely representing that he could provide them with protection, through unnamed government officials, from a federal grand jury investigation and civil lawsuits.
The United States will seek to extradite Korkmaz to the United States so that he can appear before U.S. District Judge Jill Parrish of the District of Utah to face these charges. If convicted, Korkmaz faces a maximum penalty of 20 years in prison for the money laundering conspiracy count, 20 years in prison for each of the wire fraud counts, and five years in prison for the obstruction count. Judge Parrish will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Andrea T. Martinez for the District of Utah made the announcement.
IRS Criminal Investigation, the Environmental Protection Agency Criminal Investigation Division, and the Department of Defense DCIS are investigating the case. The Justice Department’s Office of International Affairs is providing significant assistance.
Trial Attorneys Richard Rolwing and Arthur Ewenczyk, and Senior Litigation Counsel John Sullivan of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Naturalized U.S. Citizen from Ethiopia Arrested on Charge of Fraudulently Obtaining CitizenshipRead the Press Release
A Georgia man has been arrested on criminal charges related to allegations that he lied to obtain U.S. citizenship.
According to the indictment, which was unsealed following the arrest, Mezemr Abebe Belayneh, 65, of Snellville, served as a civilian interrogator at a makeshift prison in Dilla, Ethiopia, during a period in the late 1970s known as the Red Terror. At the prison, Abebe ordered and participated in the severe physical abuse and interrogation of prisoners held on the basis of their political beliefs. The indictment alleges that Abebe unlawfully procured U.S. citizenship, to which he was not entitled, by concealing his involvement in the Red Terror when he falsely claimed that he had not persecuted anyone because of their political opinions and had never committed a crime for which he had not been arrested.
“Human rights violators have no home in the United States,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “No matter how much time has passed, the Department of Justice will find and prosecute individuals who committed atrocities in their home countries and covered them up to gain entry to the United States.”
“The laws of the United States are designed to provide refuge for the victims of human rights violation and to exclude those who commit them,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “The defendant’s alleged lies through his immigration and naturalization process subverted this system. We commend our law enforcement partners at the Department of Homeland Security and the dedicated team at the Department of Justice who work tirelessly to assure that individuals such as the defendant do not have a safe haven in our communities.”
“Abebe’s lies and horrible past deeds have thankfully come back to haunt him,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Now he will be held accountable. Thanks to some great work from the agents and officers involved in this case as well as our law enforcement partners, justice will be served.”
Abebe is charged with two counts of unlawful procurement of naturalization. The maximum sentence for each count is 10 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A conviction would also result in automatic revocation of Abebe’s U.S. citizenship.
Homeland Security Investigations’ Atlanta Field Office is investigating the case, and coordination was provided by the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation, and the use or recruitment of child soldiers.
Trial Attorneys Jamie Perry and Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jessica Morris of the U.S. Attorney’s Office for the Northern District of Georgia are prosecuting the case, with assistance from HRSP Senior Historian Dr. Christopher Hayden.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE (1-866-347-2423) or its online tip form at www.ice.gov/tips.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Indiana Man Sentenced to 46 Months in Prison for Making Racially Motivated Threats Toward Black Neighbor and for Unlawfully Possessing FirearmsRead the Press Release
An Indiana man was sentenced Friday in federal court for making racially motivated threats to intimidate and interfere with his neighbor, who is Black, in violation of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
Shepherd Hoehn, 51, was sentenced by U.S. District Court Judge Jane Magnus-Stinson to 46 months in federal prison and three years of supervised release for these offenses. Hoehn previously pleaded guilty to these charges on Feb. 12, 2021.
According to court documents and statements made during the hearing, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed of a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located.
“Every person in the United States has the right to live in their home free from the threat of violence based on race,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The federal government will not tolerate, and will prosecute to the fullest extent the law allows, the sort of race-based threat that this defendant engaged in. We will continue fighting against racially motivated conduct, too often used to drive people from their homes and their communities.”
“Mr. Hoehn was held responsible for his vile conduct,” said Acting U.S. Attorney John E. Childress of the Southern District of Indiana. “We are a diverse nation, bound together by shared values and beliefs. We are also a nation of laws. Those like Mr. Hoehn who would betray our shared values and beliefs through behavior such as this rightly suffer the penalties our laws prescribe.”
“Incidents of harassment and intimidation such as this are intended to create fear and this sentence clearly shows targeting someone based on race, sexual identity or religious beliefs will not be tolerated,” said Special Agent in Charge Paul Keenan of the FBI Indianapolis Division. “Crimes motivated by bias will continue to be investigated by the FBI and our law enforcement partners, and perpetrators held responsible for their actions.”
This case was investigated by the FBI, with assistance from the Lawrence Police Department. Assistant U.S. Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
Former Supplement Company Owner Pleads Guilty to Unlawful Distribution of Anabolic Steroids and Steroid-like DrugsRead the Press Release
A Georgia resident and his company pleaded guilty today to a felony charge relating to the distribution of anabolic steroids and steroid-like drugs in purported dietary supplements.
According to court documents, James Chadwick Brooks, 41, of Norcross, and his company, CCB Nutrition LLC, pleaded guilty to introducing an unapproved new drug into interstate commerce with the intent to defraud and mislead the U.S. Food and Drug Administration (FDA) and consumers. The government alleged that from 2016 to 2019, Brooks marketed supplements containing anabolic steroids such as androsterone, trestolone, epiandrosterone and methylstenbolone to the bodybuilding and fitness community. Anabolic steroids are Schedule III substances under the Controlled Substances Act, and they may have dangerous effects on users, including increasing the risk of liver damage, coronary artery disease, strokes and heart attacks.
The government also alleged that the supplements distributed by Brooks included a product labeled as containing Arimistane, an aromatase inhibitor typically used with steroids to decrease estrogen production. The FDA has long warned that aromatase inhibitors have been linked to significant health risks such as a decreased rate of bone maturation and growth, decreased sperm production, infertility, aggressive behavior, adrenal insufficiency, kidney failure and liver dysfunction. In pleading guilty, Brooks admitted that he knowingly took steps to mislead and defraud the government and consumers, in part by using an unregistered contract manufacturer to import ingredients and produce the unlawful products.
“Marketing unapproved and potentially unsafe drugs as dietary supplements endangers consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue working with its law enforcement and agency partners to prosecute those who flout the law at the expense of public health.”
“When Brooks and his company marketed and sold steroids and other supplements within the fitness community, they undermined the FDA approval process and seriously risked the health and safety of consumers,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “The United States Attorney’s Office, along with our partners at the FDA, have an obligation to ensure the products consumers ingest are safe and can be trusted. We will continue that mission and bring to justice anyone who attempts to undermine that trust.”
“Those who market unlawful dietary supplements that contain potentially harmful drugs, such as steroids, put the public health at risk,” said FDA Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “We will continue to investigate those who jeopardize consumers’ health and bring them to justice.”
Brooks and CCB Nutrition LLC pleaded guilty before Judge James P. Jones in U.S. District Court for the Western District of Virginia. Brooks is scheduled to be sentenced on Oct. 18, and faces a maximum penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDA’s Office of Criminal Investigations is investigating the case.
Assistant U.S. Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Civil Division’s Consumer Protection Branch are prosecuting the case.
Former Deutsche Bank Commodities Trader Sentenced to Prison for Fraud SchemeRead the Press Release
A former commodities trader was sentenced today in the Northern District of Illinois to 12 months and a day in prison for a scheme to commit wire fraud affecting a financial institution.
James Vorley, 41, of the United Kingdom, was convicted by a federal jury on Sept. 25, 2020. Based on the evidence presented at trial, Vorley, who was employed as a precious metals trader at Deutsche Bank in London, engaged in a scheme to defraud other traders on the Commodity Exchange Inc., which was a public exchange. The defendant, together with Cedric Chanu and other Deutsche Bank traders, defrauded other market participants through a deceptive trading practice known as “spoofing.” Specifically, Vorley placed fraudulent orders that he did not intend to execute in order to create the false appearance of supply and demand and to induce other traders to transact at prices, quantities, and times that they otherwise would not have traded. Chanu is scheduled to be sentenced on June 28.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of the FBI’s New York Field Office made the announcement.
The FBI’s New York Field Office investigated the case.
Deputy Chief Brian Young, Acting Principal Assistant Chief Avi Perry, and Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section are prosecuting the case.
Endeavor Executives Resign from Live Nation Board of Directors after Justice Department Expresses Antitrust ConcernsRead the Press Release
The Department of Justice announced today that two executives of Endeavor Group Holdings Inc. – Chief Executive Officer and Director Ariel Emanuel, and President Mark Shapiro – have resigned their positions on the Live Nation Entertainment Inc. Board of Directors after the department expressed concerns that their positions on the Live Nation Board created an illegal interlocking directorate. An interlocking directorate is where one person – or an agent of one person or company – serves as an officer or director of two companies. Section 8 of the Clayton Act prohibits the same person or company from serving as an officer or director of two competing companies, except under certain defined safe harbors.
Endeavor and Live Nation compete closely in many sports and entertainment markets. Both Live Nation and Endeavor, through its wholly owned and minority owned subsidiaries, promote and sell tickets and VIP packages that include tickets, lodging and travel accommodations, to live music, sporting and other entertainment events. Based on U.S. revenues, the interlock did not qualify for any of the Section 8 safe harbors.
“These resignations ensure that Endeavor and Live Nation will compete independently,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “Executives are not permitted to hold board positions on companies that compete with each other. The division will enforce the antitrust laws to make sure that all companies compete on the merits.”
Section 8 imposes bright line prohibitions designed to prevent harm from competitors having overlapping directors or managers, regardless of whether any anticompetitive conduct actually occurs. Interlocking directorates can restrict competition by providing a conduit for the exchange of competitively sensitive information and by facilitating coordination between competing companies. By eliminating the opportunity to coordinate – explicitly or implicitly – through interlocking directorates, Section 8 prevents violations of the antitrust laws before they occur.
Endeavor Group Holdings Inc. is a Delaware corporation headquartered in Beverly Hills, California. Among other things, it owns various sports and entertainment properties; produces, promotes, and tickets sports and entertainment events; and represents entertainers and athletes.
Live Nation Entertainment Inc. is also a Delaware corporation headquartered in Beverly Hills, California. It is a leading producer and operator of live music concerts. Live Nation also is a leading live entertainment ticketing and marketing company.
Jerome M. Cruz Sentenced to Prison for Unemployment Fraud Charge Related to COVID-19 PandemicRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jerome Michael Cruz, age 26, from Barrigada, Guam, was sentenced in the United States District Court of Guam to ten months imprisonment for Federal Program Theft in violation of 18 U.S.C. §§ 666(a)(1)(A) and (b) and Accessing Protected Computer in Furtherance of Fraud in violation of 18 U.S.C. §§ 1030(a)(4) and (c)(3)(A). The Court also ordered three years of supervised release following imprisonment, $14,210.00 in restitution, and a mandatory $200 special assessment fee.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA). PUA, administered by the Guam Department of Labor (GDOL), provides unemployment insurance benefits for individuals who are unemployed as a result of the COVID-19 pandemic and those who are not covered by typical unemployment programs (e.g., the self-employed, independent contractors, or gig economy workers).
Jerome Michael Cruz was employed by GDOL as a Customer Service Representative assisting the public with PUA and FPUC claims. While employed, Cruz filed a claim for PUA benefits on his own behalf, falsely certifying that he was unemployed and eligible for benefits. Cruz used his knowledge and privileged access to the GDOL computer system to modify existing PUA claims and to submit fraudulent PUA claims on behalf of other persons while directing the benefits from these fraudulent claims into a bank account he controlled. As part of the scheme, Cruz logged in to the GDOL system using other employee’s credentials to certify and approve these fraudulent claims. From September 2020 through November 2020, Cruz obtained and attempted to obtain a total of $93,000 in benefits.
United States Attorney Anderson stated, “Unemployment assistance has provided vital support to many people suffering from the economic effects of the pandemic. Nationwide, the scale of fraud related to the disbursement of CARES Act funds has been staggering. While Guam has not seen the same level of criminal activity, this case reveals that it is occurring. Any theft by a government employee in a position of trust should concern the public. I applaud GDOL for holding its employees accountable.”
FBI Honolulu Special Agent in Charge (SAC) Steven B. Merrill stated, “The money in the government's financial assistance funds—particularly during a crisis like a pandemic—are essential to people’s survival. This case is an example of an individual who chose to line his own pockets with money intended to help those who truly need it. Thanks to the partnership and hard work of the Guam Department of Labor and United States Attorney's Office, we were able to stop this. And to those criminal opportunists out there I say: the FBI is watching, we will catch you, and you will learn the price for defrauding your fellow citizens."
Guam Department of Labor Director David Dell'Isola stated, "I want to thank the FBI who worked so quickly to bring this case to conclusion. We hope this sets an example and discourages others from putting in fraudulent claims."
This case was a joint investigation by the Federal Bureau of Investigation and Guam Department of Labor. The case was prosecuted by Benjamin K. Petersburg, Assistant United States Attorney in the District of Guam.
Two Former Tennessee Correctional Officers Sentenced for Civil Rights OffensesRead the Press Release
Two former Tennessee Department of Corrections (TDOC) Correctional Officers were sentenced today for assaulting an inmate in violation of a federal civil rights statute.
Nathaniel Griffin, 31, and Tanner Penwell, 24, were both sentenced to a year and a day in prison plus three years of supervised release. These are the final sentencings arising out of a staff assault of an inmate inside a cell in the Mental Health Unit at the Northwest Correctional Complex in Tiptonville, Tennessee. Four other former officers previously pleaded guilty in this case and were sentenced in federal court.
“When correctional officers abuse their authority, they erode the public’s trust in law enforcement and that is unacceptable,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “No correctional officer is above the law and the Justice Department will not tolerate any civil rights violations. We are committed to ensuring all correctional officers keep federal prisons safe and secure and that they carry out their duties with the utmost integrity.”
“The U.S. Attorney’s Office for the Western District of Tennessee will continue to prioritize the criminal prosecution of public employees who violate the civil rights of others,” said Acting U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. “Our goal is to ensure that everyone – no matter who they are or their standing in the community – is treated in accordance with the requirements of the US Constitution by public officials.”
“When correctional officers abuse their authority and harm inmates, it not only violates our civil rights laws, it undermines the criminal justice system as a whole,” said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. “These sentences should send a clear message that the FBI makes it a priority to bring to justice any law enforcement officer who violates the civil rights of those they are sworn to protect.”
In 2019, Griffin and Penwell both pleaded guilty using unlawful force while acting under color of law. In connection with their guilty pleas, Griffin and Penwell admitted that they punched the inmate, identified in the charging documents by the initials R.T., after he had already been beaten by another officer. They further admitted that they punched R.T. even though he never posed a threat to them or the other correctional officers. In total, R.T. was punched more than 30 times by officers. All three officers who assaulted R.T. ultimately pleaded guilty to a federal civil rights offense.
This case was investigated by the Memphis Field Office of the FBI with the support of the TDOC, and was prosecuted by Trial Attorney Rebekah J. Bailey of the Civil Rights Division and Assistant U.S. Attorney David Pritchard of the U.S. Attorney’s Office for the Western District of Tennessee.
Justice Department Settles with North Carolina School District to Provide Equal Opportunities to English Learner StudentsRead the Press Release
The Justice Department announced today a settlement agreement with the Rowan-Salisbury Board of Education to resolve the department’s investigation into the Rowan-Salisbury School System’s (District) programs for its English learner students. The department’s investigation found system-wide failures to provide these students with the instruction and support they need to learn English and fully participate in school. The department conducted its investigation under the Equal Educational Opportunities Act of 1974.
“Students and parents who are not fluent in English have a right to access all of their school’s education programs and activities — and access starts with meaningful communication and appropriate instruction by school districts,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department recognizes that today’s English learner students are tomorrow’s bilingual graduates. These students will bring essential and diverse language skills into our workforce and communities. We are encouraged that the Rowan-Salisbury School System has committed to the goals of equity and fairness at the heart of this agreement and we will continue to fight to ensure that all students enjoy access to educational opportunity regardless of background.”
Under the settlement agreement, the District will increase language instruction for all English learner students, including those with disabilities, so they can become fluent in English. The District will also train its teachers and administrators on how to support English learner students in academic subjects such as math, science and social studies. The District will continue to improve its translation and interpretation services for Limited English Proficient parents so all parents can fully participate in their children’s education. The Justice Department will monitor the district’s implementation of the settlement agreement over the course of the next three full school years.
The Spanish version of the press release is available here: El Departamento de Justicia llega a un acuerdo con un distrito escolar de Carolina del Norte para la provisión de la igualdad de oportunidades a estudiantes que están aprendiendo inglés | ESPANOL | Department of Justice. The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Department of Justice’s Civil Rights Division. 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/.
Justice Department Settles with North Carolina Dental Offices over HIV DiscriminationRead the Press Release
The Justice Department announced today that it has reached a settlement to resolve a claim that Night and Day Dental Inc. discriminated against a woman with HIV in violation of the Americans with Disabilities Act (ADA).
Night and Day Dental operates nine dental offices throughout North Carolina. This settlement is part of the department’s Barrier-Free Health Care Initiative (initiative), a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation to ensure that people with disabilities, including those who are deaf or hard of hearing, who have HIV and who have mobility disabilities, have equal access to medical services.
Title III of the ADA prohibits dentists and other health care providers from discriminating against people with disabilities, including HIV. Following an investigation, the department found that Night and Day Dental discriminated against a woman with HIV when it refused to accept her as a new patient because of her HIV status. The patient was seeking routine dental care, including a cleaning and check-up. In addition, Night and Day Dental has a policy of requiring certain bloodwork results from patients with HIV before deciding whether to provide dental care, when in fact requiring such results is not medically necessary or recommended.
“Turning away patients with HIV or requiring them to provide information that is not medically recommended, creates unfair barriers to health care for people with HIV,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The ADA requires health care providers to treat patients based on current medical knowledge about their particular health conditions, and not based on stereotypes or misconceptions about a disability. The Justice Department is committed to ensuring that people with HIV do not face discrimination in health care settings or other areas of life.”
Under the settlement, Night and Day Dental must pay $30,000 to the victim of the discrimination. In addition, Night and Day Dental must train its staff on the ADA, develop and use a non-discrimination policy, and report and explain to the department every time it either refuses to treat a person with HIV or stops providing treatment after learning of a patient’s HIV.
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 Barrier Free Health Care Initiative visit www.ada.gov/usao-agreements.htm. For more information about this agreement or the ADA, please visit www.ada.gov or call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383). For more information on the Civil Rights Division, please visit www.justice.gov/crt. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.
El Departamento de Justicia llega a un acuerdo con un distrito escolar de Carolina del Norte para la provisión de la igualdad de oportunidades a estudiantes que están aprendiendo inglésRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo de conciliación con la Junta Educativa de Rowan-Salisbury, el cual resuelve la investigación del Departamento de los programas del sistema escolar de Rowan-Salisbury (el Distrito) para sus estudiantes que están aprendiendo inglés. La investigación del Departamento halló que incumplió, de manera generalizada, con su deber de proporcionar a estos estudiantes con la enseñanza y el apoyo que necesitan para aprender inglés y participar plenamente en la vida escolar. El Departamento llevó a cabo su investigación en virtud de la Ley de Igualdad de Oportunidades Educativas de 1974.
«Los estudiantes y padres que no dominan el inglés tienen el derecho a acceder a todos los programas y actividades educativas de su escuela, y ese acceso comienza con la comunicación significativa y la enseñanza apropiada por parte de los distritos escolares», declaró la Fiscal General Auxiliar Kristen Clarke de la División de Derechos Civiles. «El Departamento de Justicia reconoce que los estudiantes que están aprendiendo inglés hoy serán los graduados bilingües de mañana. Estos estudiantes aportan destrezas lingüísticas esenciales y diversas a nuestras comunidades y mano de obra. Nos anima ver cómo el sistema escolar de Rowan-Salisbury se ha comprometido con los objetivos de equidad y justicia que forman parte del corazón de este acuerdo y seguiremos luchando por asegurar que todos los estudiantes puedan disfrutar del acceso a las oportunidades educativas, independientemente de sus antecedentes.
Conforme al acuerdo de conciliación, el Distrito expandirá la enseñanza lingüística para estudiantes que están aprendiendo inglés, incluyendo aquellos que tienen discapacidades, para que puedan dominar el inglés. Asimismo, el Distrito capacitará a sus maestros y administradores en cuanto a la forma correcta de apoyar a estudiantes que están aprendiendo inglés en asignaturas académicas como matemáticas, ciencias o estudios sociales. El Distrito seguirá mejorando sus servicios de traducción e interpretación para padres cuyo dominio del inglés es limitado para que todos los padres puedan participar plenamente en la educación de sus hijos. Por otra parte, el Departamento de Justicia supervisará la implementación del acuerdo por parte del Distrito durante los próximos tres años escolares completos.
La ejecución de la ley de Igualdad de Oportunidades Educativas de 1974 es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles del Departamento de Justicia, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
Colorado Man Pleads Guilty to Federal Hate Crime After Unprovoked Stabbing of Black ManRead the Press Release
A Colorado man pleaded guilty today to a federal hate crime for stabbing a Black man from Ontario, Oregon while the man was sitting in a fast-food restaurant.
Nolan Levi Strauss, 27, pleaded guilty to a hate crime involving an attempt to kill.
According to court documents, on the morning of Dec. 21, 2019, a man walked into an Arby’s restaurant and adjoining Pilot Travel Center in Ontario where he planned to provide documentation for a pending job application. The man sat in a booth by himself, waiting to meet with the restaurant manager, when Strauss entered the building and approached the man from behind.
Suddenly, unprovoked and without warning, Strauss stabbed the man twice in the neck. The man tried to grab Strauss’s hands and take the knife, and, in the process, managed to prevent Strauss from stabbing him again. A maintenance worker approached Strauss and directed him to drop the knife several times. Finally, the stabbing victim broke free from Strauss’s grip and ran to the other side of the restaurant before collapsing on the floor. Meanwhile, the maintenance worker used a belt to secure Strauss’s hands behind his back and waited for police to arrive.
While they waited, the worker asked Strauss why he stabbed the man. Strauss replied, “Because he was Black, and I don’t like Black people.” Strauss was arrested at the scene. He later admitted he was trying to kill the man because was he was Black.
As a result of Strauss’s attack, the stabbing victim suffered two lacerations to his neck. He was evaluated in Ontario and subsequently life-flighted to a hospital in Boise, Idaho for emergency surgery.
“The defendant is being held accountable for his vicious, racially-motivated attack on a Black man who was targeted because of the color of his skin,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Racially motivated acts of violence must not be tolerated in our country today. The Civil Rights Division of the Department of Justice will continue to work with our federal, state and local partners to ensure that individuals who commit bias motivated crimes are brought to justice for their actions.”
“This crime serves as a horrifying reminder that racism and bigotry still exist and threaten the safety of communities of color,” said Acting U.S. Attorney Scott Erik Asphaug for the District of Oregon. “Hate crimes not only hurt victims, but spread fear across entire communities. This conviction should send a strong message that federal law enforcement will not tolerate hate-motivated acts of violence and will move swiftly to hold those responsible accountable.”
“Everyone deserves to go to work without fearing they will be a victim of violence because of how they look or how they live. Racist attacks like this one—powered by hate and grounded in ignorance—strike at the heart of our community,” said Kieran L. Ramsey, Special Agent in Charge of the FBI in Oregon. “We should all draw strength from our diversity and work together to protect our neighbors.”
On Sept. 17, 2020, a federal grand jury in Eugene returned a single-count indictment charging Strauss with a hate crime involving an attempt to kill.
Strauss faces a maximum sentence of life in prison. He will be sentenced on Sept. 9 before U.S. District Court Judge Michael J. McShane.
Assistant Attorney General Kristen Clarke and Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the FBI with assistance from the Ontario Police Department, Oregon State Police, and the Malheur County District Attorney’s Office. It is being prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon, and Cameron A. Bell, Trial Attorney for the Civil Rights Division.
CITGO Petroleum Corp. Will Pay over $19 Million for Injuries to Natural Resources Resulting from its Oil Spill at its Refinery in Lake Charles, LouisianaRead the Press Release
Houston, Texas-based CITGO Petroleum Corporation has agreed to pay $19.69 million to resolve federal and state claims for natural resource damages under the Oil Pollution Act and the Louisiana Oil Spill Prevention and Response Act.
The United States and Louisiana concurrently filed a civil complaint along with the proposed consent decree. The complaint seeks money damages under the Oil Pollution Act and the Louisiana Oil Spill Prevention and Response Act for injuries to natural resources resulting from CITGO’s major oil discharge into the Calcasieu River in June of 2006 from its wastewater treatment facility at its Lake Charles refinery. The complaint alleges that CITGO discharged millions of gallons of waste (slop) oil and oily wastewater from two ten-million-gallon storm surge and wastewater tanks at its treatment facility at the Lake Charles refinery. Approximately 150 miles of shoreline were polluted with CITGO’s oil, including residential and marsh areas. The discharged oil killed birds and fish and other aquatic life, contaminated aquatic and shoreline habitats, forced the closure of the ship channel, and disrupted recreational uses of the impacted river and lakes.
“Oil companies have a responsibility to protect our waters, people, wildlife and diverse habitats from oil spills, and those who violate that duty will be held accountable for the harms they cause,” said Acting Assistant Attorney General Jean E. Williams for the Justice Department’s Environment and Natural Resources Division. “We are glad to work with our federal and state natural resource partners on this major effort to help restore and enhance the environment in Louisiana.”
“While oil and gas producers are a major source of employment in Louisiana, they have a sacred obligation to protect our environment and use our resources wisely,” stated U.S. Attorney Alexander C. Van Hook for the Western District of Louisiana. “This settlement sends a clear signal that those who pollute our environment will be held accountable.”
Of the $19,688,149.83 CITGO is required to pay under the consent decree, $19.16 million is for natural resource damages for the spill, which the federal and state trustees will jointly use to plan, design and perform restoration projects to compensate for the harms caused by the oil spill. The consent decree also secures payment from CITGO for the trustees’ remaining unpaid injury assessment costs, which total over $528,000.
Today’s action was filed by the Department of Justice and the State on behalf of the federal and State trustees for natural resources. The designated federal trustees for the natural resources impacted by CITGO’s oil spill are the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration and the U.S Department of the Interior’s Fish and Wildlife Service. The designated state trustees are the Louisiana Oil Spill Coordinator’s Office, Department of Public Safety & Corrections, the Louisiana Department of Wildlife and Fisheries, the Louisiana Department of Natural Resources, the Louisiana Department of Environmental Quality and the Louisiana Coastal Protection and Restoration Authority. The federal and state trustees have worked together to perform substantial injury assessment work and are engaged in joint restoration planning efforts.
In an earlier related Clean Water Act enforcement trial spearheaded by the United States on behalf of the Environmental Protection Agency, the district court determined that the cause of this avoidable disaster was CITGO’s gross negligence in the operation and maintenance of its wastewater treatment facility and the lack of adequate storage and treatment capacity. CITGO had been improperly using the tanks to accumulate oil, sludge and oily wastewater at its treatment facility for years. Due to the lack of proper operations and the inadequate storage and treatment capacity at the facility, the tanks overflowed during a rainstorm. At least 54,000 barrels of slop oil (2,268,000 gallons) and untold millions of gallons of oily wastewater breached the faulty secondary containment berm around the tanks and flowed into the waterways, including the adjacent Indian Marais waterway, the Calcasieu River and the Calcasieu Estuary.
The court found that CITGO “does not appear to have recognized the importance of compliance, pollution control, environmental responsibility, and the overall duty imposed on businesses to operate safely.” The court found that CITGO’s oil spill was “massive, excessive, and a tragedy” and that CITGO “failed to inform the Coast Guard of the true nature of the incident.” CITGO was ordered to perform substantial corrective actions to improve its wastewater treatment facility’s storage and treatment capacity and operations, to pay a state penalty of $3 million to the Louisiana Department of Environmental Quality for the discharge and chronic violations of the company’s discharge permit, and to pay a federal Clean Water Act civil penalty of $81 million. Under a separate criminal plea agreement, CITGO paid a $13 million criminal fine.
The proposed consent decree is subject to a 30-day public comment period and court review and approval.
Russian National Convicted of Charges Relating to Kelihos BotnetRead the Press Release
A federal jury in Connecticut convicted a Russian national on Tuesday for operating a “crypting” service used to conceal “Kelihos” malware from antivirus software, enabling hackers to systematically infect victim computers around the world with malicious software, including ransomware.
According to court documents and evidence introduced at trial, Oleg Koshkin, 41, formerly of Estonia, operated the websites “Crypt4U.com,” “fud.bz” and others. The websites promised to render malicious software fully undetectable by nearly every major provider of antivirus software. Koshkin and his co-conspirators claimed that their services could be used for malware such as botnets, remote-access trojans, keyloggers, credential stealers and cryptocurrency miners.
“The defendant designed and operated a service that was an essential tool for some of the world’s most destructive cybercriminals, including ransomware attackers,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department's Criminal Division. “The verdict should serve as a warning to those who provide infrastructure to cybercriminals: the Criminal Division and our law enforcement partners consider you to be just as culpable as the hackers whose crimes you enable — and we will work tirelessly to bring you to justice.”
In particular, Koshkin worked with Peter Levashov, the operator of the Kelihos botnet, to develop a system that would allow Levashov to crypt the Kelihos malware multiple times each day. Koshkin provided Levashov with a custom, high-volume crypting service that enabled Levashov to distribute Kelihos through multiple criminal affiliates. Levashov used the Kelihos botnet to send spam, harvest account credentials, conduct denial of service attacks, and distribute ransomware and other malicious software. At the time it was dismantled by the FBI, the Kelihos botnet was known to include at least 50,000 compromised computers around the world.
“By operating a website that was intended to hide malware from antivirus programs, Koshkin provided a critical service that enabled other cyber criminals to infect thousands of computers around the world,” said Acting U.S. Attorney Leonard C. Boyle for the District of Connecticut. “We will investigate and prosecute the individuals who aid and abet cyber criminals as vigorously as we do the ones who actually hit the ‘send’ button on viruses and other malicious software.”
“Koshkin and his associates knowingly provided crypting services designed to help malicious software bypass anti-virus software,” said Special Agent in Charge David Sundberg of the FBI’s New Haven Division. “The criminal nature of the Crypt4U service was a clear threat to the confidentiality, integrity, and availability of computer systems everywhere. We at the FBI will never stop pursuing those like Koshkin for perpetrating cyber crimes and threats to the public at large.”
Koshkin was arrested in California in September 2019 and has been detained since his arrest. He faces a maximum penalty of 15 years in prison and is scheduled to be sentenced on Sept. 20.
Koshkin’s co-defendant, Pavel Tsurkan, is charged with conspiring to cause damage to 10 or more protected computers, and aiding and abetting Levashov in causing damage to 10 or more protected computers.
Levashov was arrested by the Spanish National Police in April 2017 and extradited to the United States. In September 2018, he pleaded guilty to one count of causing intentional damage to a protected computer, one count of conspiracy, one count of wire fraud, and one count of aggravated identity theft.
The FBI’s New Haven Division investigated the case through its Connecticut Cyber Task Force.
Assistant U.S. Attorney Edward Chang of District of Connecticut, and Senior Counsel Ryan K.J. Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case with assistance from the Criminal Division’s Office of International Affairs. The Estonian Police and Border Guard Board also provided significant assistance.
This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
Massachusetts Man Convicted of Placing Firebomb at Entrance of Jewish Nursing HomeRead the Press Release
A Massachusetts man was convicted by a federal jury yesterday in connection with placing a lit firebomb at the entrance of a Longmeadow senior health care facility in April 2020.
John Rathbun, 37, of East Longmeadow, was convicted following a week-long trial of one count of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure or intimidate any individual or unlawfully to damage or destroy any building, vehicle and one count of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle or other real or personal property used in interstate or foreign commerce. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 12.
“Mr. Rathburn’s dangerous and cruel acts harmed not only the elderly residents of this Jewish assisted living facility, but also the entire community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “I thank the jury, prosecutors and investigators for their efforts to ensure the defendant was held accountable for his actions.”
“The jury has spoken: Mr. Rathbun is guilty of lighting a firebomb right at the entrance to a Jewish assisted-living facility – a cruel and senseless crime,” said Acting U.S. Attorney Nathaniel R. Mendell for the District of Massachusetts. “Thanks to the jury’s verdict and the good work of prosecutors and investigators, the man who targeted vulnerable members of our community will not be a threat to public safety anytime soon.”
“The danger posed by John Rathbun in this case was very real. By trying to ignite a firebomb outside a Jewish assisted-living facility, he put the lives of innocent people at risk,” said Joseph R. Bonavolonta, Special Agent in Charge of the Boston FBI Field Office. “Through the diligent efforts of our Western Massachusetts Joint Terrorism Task Force, and the jury’s hard work, the community is much safer now.”
On Nov. 23, 2020, a federal jury convicted Rathbun of making false statements to a federal agent, but deadlocked on the arson counts, requiring a re-trial.
On the morning of April 2, 2020, Rathbun assembled, placed and lit a homemade incendiary device outside the entrance of Jewish Geriatric Services Lifecare, Inc., an assisted living facility in Longmeadow. The device consisted of a five-gallon Scepter fuel canister filled with gasoline and a Christian religious pamphlet as the wick. Forensic analysis identified Rathbun’s DNA on the canister and pamphlet.
On April 15, 2020, Rathbun falsely stated to a federal agent that he was at home on April 2, he was not familiar with the location on Converse Street where the device was placed and he had not possessed or even seen the fuel canister.
The charge of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle or other real or personal property used in interstate or foreign commerce provides for a mandatory minimum sentence of five years and up to 10 years in prison, three years of supervised release and a fine of $250,000. The false statement charge provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell and FBI Boston SAC Bonavolonta made the announcement. The investigation was led by the FBI’s Western Massachusetts Joint Terrorism Task Force with valuable assistance also provided by the Longmeadow and East Longmeadow Police Departments and the Massachusetts State Police. Assistant U.S. Attorneys Neil Desroches and Steven H. Breslow of Mendell’s Springfield Branch Office prosecuted the case. The Justice Department’s Civil Rights Division also assisted with the prosecution.
Justice Department Sues to Block Aon’s Acquisition of Willis Towers WatsonRead the Press Release
The U.S. Department of Justice filed a civil antitrust lawsuit today to block Aon’s $30 billion proposed acquisition of Willis Towers Watson, a transaction that would bring together two of the “Big Three” global insurance brokers. As alleged in the complaint filed in the U.S. District Court for the District of Columbia, the merger threatens to eliminate competition, raise prices, and reduce innovation for American businesses, employers, and unions that rely on these important services.
“Today’s action demonstrates the Justice Department’s commitment to stopping harmful consolidation and preserving competition that directly and indirectly benefits Americans across the country,” said Attorney General Merrick B. Garland. “American companies and consumers rely on competition between Aon and Willis Towers Watson to lower prices for crucial services, such as health and retirement benefits consulting. Allowing Aon and Willis Towers Watson to merge would reduce that vital competition and leave American customers with fewer choices, higher prices, and lower quality services.”
Aon and Willis Towers Watson provide essential guidance to many of America’s largest companies. American companies depend on them to craft and administer health and retirement benefits, and to keep their costs down by managing complex and evolving risks. They compete head to head to provide these services, which helps ensure businesses obtain innovative, high-quality broking services to manage their risks and provide critical health and retirement benefits to their employees at a reasonable cost. As the complaint alleges, the merger would eliminate this important competition in five markets, resulting in higher costs to companies, higher costs to consumers, and decreased quality and innovation.
The merger between Aon and Willis Towers Watson would combine two of the “Big Three” insurance brokers who, as alleged in the complaint, can offer global service, sophisticated data and analytics, and a breadth and depth of knowledge and expertise that other brokers do not offer. As alleged in the complaint, Aon and Wills Towers Watson operate “in an oligopoly” and “will have even more [leverage] when [the] Willis deal is closed.” If permitted to merge, Aon and Willis Towers Watson could use their increased leverage to raise prices and reduce the quality of products relied on by thousands of American businesses — and their customers, employees, and retirees.
Although Aon and Willis Towers Watson have agreed to certain divestitures in connection with investigations by various international competition agencies, the complaint alleges these proposed remedies are inadequate to protect consumers in the United States. The complaint also alleges the U.S.-focused divestitures in health benefits and commercial risk broking, in particular, are wholly insufficient to resolve the department’s significant concerns.
Aon plc is incorporated in Ireland and headquartered in London. It has approximately 50,000 employees and offices in approximately 120 countries, including over 100 offices in the United States. In 2020, Aon reported revenues of more than $11 billion.
Willis Towers Watson plc is incorporated in Ireland and headquartered in London. It has approximately 45,000 employees and offices in more than 80 countries, including over 80 offices in the United States. In 2020, Willis Towers Watson reported revenues of more than $9 billion.
Justice Department Reaches Agreement with Newton County, Arkansas and its Board of Election Commissioners to Ensure Polling Place Accessibility for Voters with DisabilitiesRead the Press Release
The Justice Department yesterday reached a settlement under Title II of the Americans with Disabilities Act (ADA) with Newton County, Arkansas, and its Board of Election Commissioners to ensure that the County provides an accessible voting program, including accessible polling places, to voters with disabilities.
The Department of Justice reviewed the County’s voting program for compliance with the ADA. The United States identified architectural barriers at the County’s polling places, such as a lack of accessible parking areas and pathways made inaccessible by gaps and level changes, as well as gravel and grass. It also identified ramps that were too steep, some without handrails and edge protection, and barriers inside polling places. The United States also found that all polling places used in the March 2020 primary election lacked accessible voting machines that worked.
Under the ADA, governmental entities that conduct local, state or federal elections must select polling places that are accessible to individuals with disabilities, and they must make reasonable changes necessary to ensure equal opportunity to participate in voting programs. Governmental entities must also provide an election ballot that is accessible to individuals with disabilities, including individuals who are blind, so that they can vote privately and independently.
“The right to vote is the bedrock of our democracy,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement ensures that eligible voters with disabilities in Newton County, Arkansas, will have the opportunity to exercise this fundamental right and have a voice in our democratic process. We will continue working to ensure that all eligible Americans have access to the ballot.”
Under the agreement, the County will create and implement new policies to bring its voting program into compliance with the ADA. These policies include: creating an effective system for selecting accessible locations for polling places; surveying polling places to identify accessibility barriers; maintaining the accessibility of each polling place used on election days; using temporary accessibility measures, such as mats or ramps; and providing an accessible voting machine at each polling place. In addition, the County will designate an employee to serve as an ADA coordinator and provide training to election officers, poll workers, and County employees. The required training will cover accessibility under Title II of the ADA and anti-retaliation protections under Title V of the ADA.
This settlement is part of the department’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places. Through this Initiative, the Department of Justice has surveyed over 2,400 polling places and increased polling place accessibility in over 50 jurisdictions, including St. Louis, Missouri; Harris County, Texas; Lackawanna County, Pennsylvania; and Anderson County, South Carolina.
For more information about the ADA and today’s agreement, please visit http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). ADA complaints may be filed online at http://www.ada.gov/complaint/.
Former Drug Enforcement Administration Special Agent and Task Force Officer Convicted of Conspiracy and Conversion of PropertyRead the Press Release
A former U.S. Drug Enforcement Administration (DEA) special agent and a former DEA task force officer were convicted Tuesday by a federal jury in New Orleans, Louisiana, in connection with a long-running scheme to steal personal property and money from individuals who had been arrested.
After a seven-day trial, Chad A. Scott, 53, of Covington, Louisiana, was found guilty of conspiracy and conversion of property, and Rodney P. Gemar, 45, of Ponchatoula, Louisiana, was found guilty of conspiracy, conversation of property, and removal of property. U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana, who presided over the trial, has scheduled sentencing for Dec. 4.
According to court documents and the evidence presented during trial, Scott and Gemar both engaged in a long-running scheme to steal personal property and money from arrestees. Specifically, between 2009 and 2016, Scott and Gemar stole the personal property of arrestees, including items like wallets, phones, and keys. Instead of logging these items into evidence or returning them to the owners, Scott and Gemar would store the property in their desks and later throw it out. Scott and Gemar also took money from the pockets of arrestees, pilfered money from the wallets of individuals whom they arrested, and skimmed money off of cash seizures made by the DEA. After a co-conspirator was arrested in January 2016, Scott and Gemar, along with another colleague named Karl Newman, destroyed the evidence of their crimes, in part by throwing the evidence into the swamps outside New Orleans. They also used approximately $4,800 in money stolen from arrestees to pay for an attorney for their arrested co-conspirator.
“As law enforcement officers, Chad Scott and Rodney Gemar were entrusted with a special responsibility — to protect the the communities they served,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “Instead of promoting justice, they violated the public trust to satisfy their own greed and to hurt individuals they arrested. This conviction sends a clear message to the public that law enforcement officers who corrupt their responsibilities will be held accountable.”
“Scott and Gemar conspired to steal from the people they arrested, and in doing so, compromised cases and undermined the values they swore to uphold as federal law enforcement officers,” said Special Agent in Charge Douglas B. Bruce of the Justice Department’s Office of the Inspector General (DOJ OIG) Denver Field Office. “Justice was served. They have been held accountable for their corrupt actions.”
"The convictions of Chad Scott and Rodney Gemar should send a clear message that law enforcement officers who tarnish their badge for their own personal gain are not above the law and will be held accountable," said FBI New Orleans Special Agent in Charge Douglas Williams Jr. "We thank our partners at DOJ, DEA-OPR, and DOJ-OIG for their strong partnership and unrelenting pursuit of justice."
“The convictions of Chad Scott and Rodney Gemar send a clear message to the public that law enforcement officers will be held accountable when they violate the laws they were entrusted to uphold,” said DEA Chief Inspector Brian McKnight. “DEA appreciates the partnership of all law enforcement entities who collaborated to reach this outcome.”
Scott has been fired from the DEA. Gemar has been removed from the DEA task force.
Two other former Tangipahoa Parish Sheriff’s Office deputies who had been serving as DEA task force officers in New Orleans have pleaded guilty in this investigation. Karl Emmett Newman, 54, of Kentwood, Louisiana, pleaded guilty to unlawfully carrying a firearm in furtherance of an August 2015 robbery, which was disguised as the execution of a search warrant, as well as misappropriating money confiscated by the DEA during another search. Johnny Domingue, 32, of Maurepas, Louisiana, pleaded guilty to possession of cocaine and misappropriating money confiscated by the DEA.
This case was initially investigated by the Louisiana State Police and later investigated by the FBI’s New Orleans Field Division, DEA-OPR and DOJ-OIG.
Assistant Deputy Chief Timothy Duree of the Criminal Division’s Fraud Section and Trial Attorney Charles Miracle of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case.
Former Doctor Sentenced for Unlawfully Distributing Controlled SubstancesRead the Press Release
A former medical doctor was sentenced Tuesday to three years in prison for unlawfully distributing controlled substances.
According to court documents, Darrel R. Rinehart, 66, of Indianapolis, Indiana, admitted to distributing Schedule II controlled substances, primarily opioids, to four different patients without a legitimate medical purpose and outside the course of professional practice on 18 different occasions between December 2014 and December 2015. Rinehart also admitted to knowingly distributing hydrocodone, a Schedule II controlled substance, in January 2016 to a patient who did not have any significant underlying health issues justifying the prescription.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division made the announcement.
The U.S. Department of Health and Human Services Office of Inspector General, Tennessee Bureau of Investigation, and District Attorney General for Tennessee’s 22nd Judicial District investigated the case.
Assistant Chief Kilby Macfadden and Trial Attorney Leslie Fisher of the Criminal Division’s Fraud Section prosecuted the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program nearly $19 billion.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 85 defendants who are collectively responsible for distributing more than 65 million pills. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion. In addition, the Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.
United States Files Suit Against California Skilled Nursing Chain and its Owner for Allegedly Paying Illegal Kickbacks to PhysiciansRead the Press Release
The United States filed a complaint in the U.S. District Court for the Central District of California yesterday under the False Claims Act against Paksn Inc.; Prema Thekkek, one of its owners; and seven skilled nursing facilities (SNFs) owned by Thekkek and/or operated by Paksn. Those seven SNFs are Bay Point Healthcare Center, Gateway Care & Rehabilitation Center, Hayward Convalescent Hospital, Hilltop Care & Rehabilitation Center, Martinez Convalescent Hospital, Park Central Care & Rehabilitation Hospital, and Yuba Skilled Nursing Center.
The United States alleges that defendants entered into medical directorship agreements with certain physicians that purported to provide compensation for administrative services, but in reality, were vehicles for the payment of kickbacks to induce the physicians to refer patients to the seven SNFs. The Anti-Kickback Statute prohibits offering or paying anything of value to encourage the referral of items or services covered by federal health care programs.
Specifically, the United States alleges that defendants hired certain physicians who promised in advance to refer a large number of patients to the SNFs, paid physicians in proportion to the number of expected referrals, and terminated physicians who did not refer enough patients. On one occasion, a Paksn employee told Thekkek that two physicians were being hired because “they are promising at least 10 patients for $2000 per month.” On another, Thekkek complained that if Paksn’s employees did not pay medical directors promptly every month, “[t]hese doctors will not give us patients.” On a third occasion, a Paksn employee told Thekkek that because “lately there are no real referrals” from one of the medical directors, “i am planning to say goodbye to him.”
“Illegal financial arrangements with physicians can improperly influence the type and amount of health care that is provided to patients,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department is committed to redressing the corrupting influence of kickbacks on the medical decision‑making of providers participating in federal health care programs.”
“The payment of kickbacks to physicians for referrals turns patients into commodities that can be traded,” said Acting U.S. Attorney Tracy L. Wilkison for the Central District of California. “Profits should not dictate medical decisions, which is why it is illegal to pay for referrals that can cloud physicians’ medical judgment.”
The lawsuit was initially filed in December 2015 by Trilochan Singh, who was previously employed as Paksn’s Vice President of Operations and Chief Operating Officer, under the whistleblower provisions of the False Claims Act. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties. The case is captioned United States of America ex rel. Trilochan Singh v. Paksn, Inc. et al., No. 15‑cv-09064 (C.D. Cal.).
The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Central District of California, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.
The claims asserted against defendants are allegations only and there has been no determination of liability.