U.S. DEPARTMENT OF JUSTICE VS PUERTO RICO DEPARTMENT OF JUSTICE
The following excerpt is from the Department of Justice website:
Monday, August 29, 2011
“WASHINGTON – The Justice Department today settled a lawsuit with the Puerto Rico Department of Justice (PRDOJ) to protect the rights of employees with disabilities under the Americans with Disabilities Act (ADA). The settlement resolves a complaint that the PRDOJ discriminated against an employee with a disability by failing to provide her with a reasonable accommodation, as required by the ADA.
The complaint alleged that the PRDOJ relocated an employee who uses a wheelchair to an office building that the PRDOJ knew did not provide the employee with accessible bathrooms or accessible parking. As a result, the employee was forced to seek help from others to park and enter her place of work, and she resorted to intentionally dehydrating herself at work because she could not access the office bathrooms, according to the complaint.
“The Americans with Disabilities Act protects the right of every American to work without facing these types of indignities and hurdles,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “This settlement reinforces the Civil Rights Division’s commitment to ensuring the promise of equal employment opportunity for all individuals with disabilities.”
The settlement agreement, which must be approved by the district court in San Juan, requires the PRDOJ to pay $45,000 to the aggrieved employee; to provide training to employees on the requirements of the ADA; and to adopt policies to ensure that the PRDOJ does not require employees with disabilities to attend meetings at, or to be relocated to, an inaccessible office location.
Title I of the ADA prohibits employers, such as the PRDOJ, from discriminating against a qualified individual on the basis of disability in regard to job application procedures; hiring, advancement, or discharge; employee compensation; job training; and other terms, conditions, and privileges of employment. In addition, a n employer is required to make a reasonable accommodation to the known disability of an employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.”
The above case shows that even governments such as states, municipalities, territories etc. of the United States must follow federal laws such as the Americans with Disabilities Act.
Tuesday, August 30, 2011
Monday, August 29, 2011
IMPORTATION OF POLAR BEAR TROPHY LANDS MICHIGAN MAN ON ICE
The following is an excerpt from the Department of Justice website:
Wednesday, August 24, 2011
WASHINGTON – Rodger Dale DeVries, 73, a resident of Jenison, Mich., has pleaded guilty to illegally importing a polar bear trophy mount in 2007 from Canada into Michigan in violation of the Marine Mammal Protection Act (MMPA), announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Donald A. Davis, U.S. Attorney for the Western District of Michigan.
According to the plea agreement, the defendant obtained a license from the Nunavut Territory in Canada to hunt and kill a polar bear from the Foxe Basin in November 2000. DeVries knew that polar bears from the Foxe Basin could not be imported into the United States, so the defendant had the polar bear trophy stored in Canada.
The MMPA prohibits importation of polar bear trophies or parts unless the Secretary of the Interior has made a determination that, in doing so, the region would still maintain sustainable population levels. The Secretary has not made such a determination for the Foxe River Basin, and therefore, DeVries’ importation violated the MMPA. Since May of 2008 when polar bears were listed as “threatened” under the Endangered Species Act, the MMPA automatically prohibited the importation of polar bear parts or trophies for personal use from any part of Canada.
On July 3, 2007, DeVries traveled to Canada. He picked up the polar bear trophy from a storage unit, and, along with his two minor grandsons, put the polar bear trophy in his own boat and traveled from a boat harbor in Ontario, Canada, across the border to port in Raber Bay, Mich. A few days later, the defendant moved the trophy to his home and then sold the boat.
“The polar bear is an ecological and cultural treasure of the American and Canadian Arctic,” said Assistant Attorney General Moreno. “We will not tolerate the illegal importation of polar bear trophies and will fully prosecute all violations of federal law.”
Mr. Devries entered the plea on Aug. 22, 2011, before U.S. Magistrate Judge Timothy P. Greeley in Grand Rapids, Mich. The sentencing is currently scheduled for Sep. 8, 2011.
The maximum statutory sentence for this criminal violation is one year in prison and a maximum fine of $100,000.”
Wednesday, August 24, 2011
WASHINGTON – Rodger Dale DeVries, 73, a resident of Jenison, Mich., has pleaded guilty to illegally importing a polar bear trophy mount in 2007 from Canada into Michigan in violation of the Marine Mammal Protection Act (MMPA), announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Donald A. Davis, U.S. Attorney for the Western District of Michigan.
According to the plea agreement, the defendant obtained a license from the Nunavut Territory in Canada to hunt and kill a polar bear from the Foxe Basin in November 2000. DeVries knew that polar bears from the Foxe Basin could not be imported into the United States, so the defendant had the polar bear trophy stored in Canada.
The MMPA prohibits importation of polar bear trophies or parts unless the Secretary of the Interior has made a determination that, in doing so, the region would still maintain sustainable population levels. The Secretary has not made such a determination for the Foxe River Basin, and therefore, DeVries’ importation violated the MMPA. Since May of 2008 when polar bears were listed as “threatened” under the Endangered Species Act, the MMPA automatically prohibited the importation of polar bear parts or trophies for personal use from any part of Canada.
On July 3, 2007, DeVries traveled to Canada. He picked up the polar bear trophy from a storage unit, and, along with his two minor grandsons, put the polar bear trophy in his own boat and traveled from a boat harbor in Ontario, Canada, across the border to port in Raber Bay, Mich. A few days later, the defendant moved the trophy to his home and then sold the boat.
“The polar bear is an ecological and cultural treasure of the American and Canadian Arctic,” said Assistant Attorney General Moreno. “We will not tolerate the illegal importation of polar bear trophies and will fully prosecute all violations of federal law.”
Mr. Devries entered the plea on Aug. 22, 2011, before U.S. Magistrate Judge Timothy P. Greeley in Grand Rapids, Mich. The sentencing is currently scheduled for Sep. 8, 2011.
The maximum statutory sentence for this criminal violation is one year in prison and a maximum fine of $100,000.”
Sunday, August 28, 2011
MEDICARE FRAUDSTERS SENTENCED TO PRISON
The following excerpt is from the Department of Justice website:
Tuesday, August 23, 2011
“WASHINGTON – The husband and wife owners and operators of a Miami-area medical equipment company were sentenced today to 70 months and 37 months in prison, respectively, for participating in a durable medical equipment (DME) health care fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).
Obel Martinez, 39, and Damaris Gil, 30, previously pleaded guilty on May 24, 2010, before U.S. District Judge Donald M. Middlebrooks in Miami to one count of conspiracy to commit health care fraud. Martinez and Gil were owners and operators of OM Best Help Corporation, a company they admitted to incorporating for the purpose of defrauding the Medicare program.
In addition to their prison terms, Judge Middlebrooks sentenced Martinez and Gil each to three years of supervised release. Martinez and Gil also were ordered to pay $474,662 in restitution jointly and severally with each other.
According to plea documents, Martinez and Gil, through OM Best, submitted false and fraudulent claims to Medicare for DME and other medical items and services that were medically unnecessary and not prescribed by a doctor or licensed health care provider. Martinez and Gil used without authorization the Medicare billing identifiers of licensed medical doctors and represented to Medicare that the doctors had prescribed the DME and medical services in question, when they had not. Martinez and Gil knew that the Medicare beneficiaries, on whose behalf claims were submitted to Medicare by OM Best, never received the DME or services purportedly provided by OM Best.
According to court documents, Martinez and Gil submitted approximately $1.1 million in false claims to Medicare. Medicare paid $474,662 to OM Best based on these fraudulent claims.
Today’s sentences were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies, Special Agent-in-Charge of the FBI’s Miami field office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
This case was prosecuted by Trial Attorney Sarah M. Hall of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.”
Tuesday, August 23, 2011
“WASHINGTON – The husband and wife owners and operators of a Miami-area medical equipment company were sentenced today to 70 months and 37 months in prison, respectively, for participating in a durable medical equipment (DME) health care fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).
Obel Martinez, 39, and Damaris Gil, 30, previously pleaded guilty on May 24, 2010, before U.S. District Judge Donald M. Middlebrooks in Miami to one count of conspiracy to commit health care fraud. Martinez and Gil were owners and operators of OM Best Help Corporation, a company they admitted to incorporating for the purpose of defrauding the Medicare program.
In addition to their prison terms, Judge Middlebrooks sentenced Martinez and Gil each to three years of supervised release. Martinez and Gil also were ordered to pay $474,662 in restitution jointly and severally with each other.
According to plea documents, Martinez and Gil, through OM Best, submitted false and fraudulent claims to Medicare for DME and other medical items and services that were medically unnecessary and not prescribed by a doctor or licensed health care provider. Martinez and Gil used without authorization the Medicare billing identifiers of licensed medical doctors and represented to Medicare that the doctors had prescribed the DME and medical services in question, when they had not. Martinez and Gil knew that the Medicare beneficiaries, on whose behalf claims were submitted to Medicare by OM Best, never received the DME or services purportedly provided by OM Best.
According to court documents, Martinez and Gil submitted approximately $1.1 million in false claims to Medicare. Medicare paid $474,662 to OM Best based on these fraudulent claims.
Today’s sentences were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; John V. Gillies, Special Agent-in-Charge of the FBI’s Miami field office; and Special Agent-in-Charge Christopher Dennis of the HHS Office of Inspector General (HHS-OIG), Office of Investigations Miami office.
This case was prosecuted by Trial Attorney Sarah M. Hall of the Criminal Division’s Fraud Section. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.”
Saturday, August 27, 2011
CONSTRUCTION BUSINESS OWNER SENTENCED FOR EMPLOYMENT TAX FRAUD
The following is an excerpt from the Department of Justice website:
Friday, August 26, 2011
WASHINGTON - Richard Rosaire Routhier of Lake Worth, Fla., was sentenced to 60 months in prison and ordered to pay $1,243,574 in restitution to the Internal Revenue Service (IRS), the Justice Department and the IRS announced today. On April 25, 2011, Routhier pleaded guilty to a one-count information charging him with conspiring to defraud the IRS. According to the information, Routhier and others conspired to defraud the United States and unlawfully enrich themselves by paying employees in cash and not withholding and paying over employment taxes to the U.S. Treasury.
According to court documents, Routhier owned and operated Drymension Inc., a custom drywall installation and framing contracting company in Lake Worth. From 2002 through 2008, the defendant caused Drymension checks to be issued to several shell corporations. These entities, while purporting to be legitimate subcontractors, existed only on paper and did not do any work for Drymension. The checks written to shell corporations totaled approximately $9,132,516. The checks were cashed at local check cashing stores and Routhier used the cash to pay Drymension employees. Routhier neither withheld from the cash wages nor paid over to the IRS the employment and income taxes as require
Friday, August 26, 2011
WASHINGTON - Richard Rosaire Routhier of Lake Worth, Fla., was sentenced to 60 months in prison and ordered to pay $1,243,574 in restitution to the Internal Revenue Service (IRS), the Justice Department and the IRS announced today. On April 25, 2011, Routhier pleaded guilty to a one-count information charging him with conspiring to defraud the IRS. According to the information, Routhier and others conspired to defraud the United States and unlawfully enrich themselves by paying employees in cash and not withholding and paying over employment taxes to the U.S. Treasury.
According to court documents, Routhier owned and operated Drymension Inc., a custom drywall installation and framing contracting company in Lake Worth. From 2002 through 2008, the defendant caused Drymension checks to be issued to several shell corporations. These entities, while purporting to be legitimate subcontractors, existed only on paper and did not do any work for Drymension. The checks written to shell corporations totaled approximately $9,132,516. The checks were cashed at local check cashing stores and Routhier used the cash to pay Drymension employees. Routhier neither withheld from the cash wages nor paid over to the IRS the employment and income taxes as require
Friday, August 26, 2011
FUGITIVE HEALTH CARE FRAUDSTERS IN DETROIT PLEAD GUILTY
The following excerpt is from the Department of Justice website:
Wednesday, August 24, 2011
“Former “Most Wanted” Health Care Fraud Fugitives Plead Guilty to $9.1 Million Detroit Medicare Fraud Scheme
WASHINGTON - Two sisters who owned a fraudulent Detroit-area medical clinic and who are former “Most Wanted” health care fraud fugitives pleaded guilty today in Miami for their leading roles in a $9.1 million Medicare fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).
Caridad Guilarte, 54, and Clara Guilarte, 57, each pleaded guilty before U.S. District Judge Cecilia M. Altonaga to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering. The sisters were charged in an indictment unsealed in June 2009 and were placed on the HHS Office of Inspector General (HHS-OIG) Most Wanted Fugitives list. They were arrested on March 13, 2011, by law enforcement authorities in Colombia and were returned to the United States on March 14, 2011.
In pleading guilty, the Guilarte sisters admitted that in approximately March 2005, they opened Dearborn Medical Rehabilitation Center (DMRC), in Dearborn, Mich., with the express intent to defraud the Medicare program. DMRC routinely billed Medicare for exotic and expensive medications that were medically unnecessary and were never provided. Although they billed Medicare for millions of dollars of these medications, the Guilartes admitted that they and their co-conspirators at the clinic had purchased only a small fraction of the medications.
The Guilartes admitted that Medicare beneficiaries were not referred to DMRC by their primary care physicians, or for any other legitimate medical purpose, but were recruited to come to the clinic through the payment of cash kickbacks. In exchange for those kickbacks, the Medicare beneficiaries would visit the clinic and sign documents indicating that they had received the services billed to Medicare. Patients were prescribed medications not based on need, but based on what medications were likely to generate the greatest reimbursements from Medicare.
According to court documents, Caridad and Clara Guilarte laundered the proceeds of the health care fraud through shell corporations in order to conceal the source and ownership of the funds stolen from Medicare.
The Guilartes admitted that between approximately March 2005 and March 2007, they caused the submission of approximately $9.1 million in false and fraudulent claims to the Medicare program for services purportedly provided at DMRC. Medicare paid approximately $6 million on those claims.
The defendants consented to have their case transferred to the Southern District of Florida for plea and sentencing. Caridad Guilarte also consented to the forfeiture of $464,096 seized from bank accounts she controlled.
At their sentencing, scheduled for Nov. 3, 2011, the Guilartes face a maximum of 10 years in prison for each count of conspiracy to commit health care fraud and 20 years in prison for each count of conspiracy to commit money laundering.
The guilty pleas were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Inspector General Daniel R. Levinson of the HHS-OIG; and Special Agent in Charge Andrew G. Arena of the FBI’s Detroit Field Office.
The case is being prosecuted by Trial Attorney Gejaa T. Gobena of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Philip A. Ross of the Eastern District of Michigan and Adam Schwartz of the Southern District of Florida. The Criminal Division’s Office of International Affairs provided assistance. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorneys’ Offices for the Eastern District of Michigan and the Southern District of Florida.”
Wednesday, August 24, 2011
“Former “Most Wanted” Health Care Fraud Fugitives Plead Guilty to $9.1 Million Detroit Medicare Fraud Scheme
WASHINGTON - Two sisters who owned a fraudulent Detroit-area medical clinic and who are former “Most Wanted” health care fraud fugitives pleaded guilty today in Miami for their leading roles in a $9.1 million Medicare fraud scheme, announced the Department of Justice, the FBI and the Department of Health and Human Services (HHS).
Caridad Guilarte, 54, and Clara Guilarte, 57, each pleaded guilty before U.S. District Judge Cecilia M. Altonaga to one count of conspiracy to commit health care fraud and one count of conspiracy to commit money laundering. The sisters were charged in an indictment unsealed in June 2009 and were placed on the HHS Office of Inspector General (HHS-OIG) Most Wanted Fugitives list. They were arrested on March 13, 2011, by law enforcement authorities in Colombia and were returned to the United States on March 14, 2011.
In pleading guilty, the Guilarte sisters admitted that in approximately March 2005, they opened Dearborn Medical Rehabilitation Center (DMRC), in Dearborn, Mich., with the express intent to defraud the Medicare program. DMRC routinely billed Medicare for exotic and expensive medications that were medically unnecessary and were never provided. Although they billed Medicare for millions of dollars of these medications, the Guilartes admitted that they and their co-conspirators at the clinic had purchased only a small fraction of the medications.
The Guilartes admitted that Medicare beneficiaries were not referred to DMRC by their primary care physicians, or for any other legitimate medical purpose, but were recruited to come to the clinic through the payment of cash kickbacks. In exchange for those kickbacks, the Medicare beneficiaries would visit the clinic and sign documents indicating that they had received the services billed to Medicare. Patients were prescribed medications not based on need, but based on what medications were likely to generate the greatest reimbursements from Medicare.
According to court documents, Caridad and Clara Guilarte laundered the proceeds of the health care fraud through shell corporations in order to conceal the source and ownership of the funds stolen from Medicare.
The Guilartes admitted that between approximately March 2005 and March 2007, they caused the submission of approximately $9.1 million in false and fraudulent claims to the Medicare program for services purportedly provided at DMRC. Medicare paid approximately $6 million on those claims.
The defendants consented to have their case transferred to the Southern District of Florida for plea and sentencing. Caridad Guilarte also consented to the forfeiture of $464,096 seized from bank accounts she controlled.
At their sentencing, scheduled for Nov. 3, 2011, the Guilartes face a maximum of 10 years in prison for each count of conspiracy to commit health care fraud and 20 years in prison for each count of conspiracy to commit money laundering.
The guilty pleas were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Inspector General Daniel R. Levinson of the HHS-OIG; and Special Agent in Charge Andrew G. Arena of the FBI’s Detroit Field Office.
The case is being prosecuted by Trial Attorney Gejaa T. Gobena of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Philip A. Ross of the Eastern District of Michigan and Adam Schwartz of the Southern District of Florida. The Criminal Division’s Office of International Affairs provided assistance. The case was investigated by the FBI and HHS-OIG, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorneys’ Offices for the Eastern District of Michigan and the Southern District of Florida.”
Thursday, August 25, 2011
THREE PLEAD GUILTY TO BID RIGGING AT MUNICIPAL TAX LIEN AUCTIONS
The following is from the Department of Justice website:
Wednesday, August 24, 2011
WASHINGTON – Three financial investors who purchased municipal tax liens at auctions in New Jersey pleaded guilty today for their roles in a conspiracy to rig bids at tax liens auctions held by municipalities, the Department of Justice announced.
Charges were filed today in U.S. District Court for the District of New Jersey in Newark, N.J., against Isadore H. May of Margate, N.J.; Richard J. Pisciotta Jr. of Long Beach Township, N.J.; and William A. Collins of Medford, N.J.
According to the felony charges, from at least 2003 through approximately February 2009, the investors participated in a conspiracy to rig bids at auctions for the sale of municipal tax liens in New Jersey by agreeing to allocate among certain bidders which liens each would bid on. The investors proceeded to submit bids in accordance with their agreements and purchased tax liens at collusive and non-competitive interest rates.
“The collusion taking place at these auctions is artificially raising the interest rates that financially distressed home and property owners must pay, and is lining the pockets of the colluding investors,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The Antitrust Division will vigorously pursue these kinds of collusive schemes that eliminate competition from the marketplace.”
The department said that the primary purpose of the conspiracy was to suppress and restrain competition to obtain selected municipal tax liens offered at public auctions at non-competitive interest rates. When the owner of real property fails to pay taxes on that property, the municipality in which the property is located may attach a lien for the amount of the unpaid taxes. If the taxes remain unpaid after a waiting period, the lien may be sold at auction. State law requires that investors bid on the interest rate delinquent homeowners will pay upon redemption. By law, the bid opens at 18 percent interest and, through a competitive bidding process, can be driven down to zero percent. If a lien remains unpaid after a certain period of time, the investor who purchased the lien may begin foreclosure proceedings against the property to which the lien is attached.
According to the court documents, May, Pisciotta and Collins conspired with others not to bid against one another at municipal tax lien auctions in New Jersey. Because the conspiracy permitted the conspirators to purchase tax liens with limited competition, each conspirator was able to obtain liens which earned a higher interest rate. Property owners were therefore made to pay higher interest on their tax debts than they would have paid had their liens been purchased in open and honest competition.
Each violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for a Sherman Act violation may be increased to twice the gain derived from the crime or twice the loss suffered by the victim if either amount is greater than the $1 million statutory maximum.”
Wednesday, August 24, 2011
WASHINGTON – Three financial investors who purchased municipal tax liens at auctions in New Jersey pleaded guilty today for their roles in a conspiracy to rig bids at tax liens auctions held by municipalities, the Department of Justice announced.
Charges were filed today in U.S. District Court for the District of New Jersey in Newark, N.J., against Isadore H. May of Margate, N.J.; Richard J. Pisciotta Jr. of Long Beach Township, N.J.; and William A. Collins of Medford, N.J.
According to the felony charges, from at least 2003 through approximately February 2009, the investors participated in a conspiracy to rig bids at auctions for the sale of municipal tax liens in New Jersey by agreeing to allocate among certain bidders which liens each would bid on. The investors proceeded to submit bids in accordance with their agreements and purchased tax liens at collusive and non-competitive interest rates.
“The collusion taking place at these auctions is artificially raising the interest rates that financially distressed home and property owners must pay, and is lining the pockets of the colluding investors,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The Antitrust Division will vigorously pursue these kinds of collusive schemes that eliminate competition from the marketplace.”
The department said that the primary purpose of the conspiracy was to suppress and restrain competition to obtain selected municipal tax liens offered at public auctions at non-competitive interest rates. When the owner of real property fails to pay taxes on that property, the municipality in which the property is located may attach a lien for the amount of the unpaid taxes. If the taxes remain unpaid after a waiting period, the lien may be sold at auction. State law requires that investors bid on the interest rate delinquent homeowners will pay upon redemption. By law, the bid opens at 18 percent interest and, through a competitive bidding process, can be driven down to zero percent. If a lien remains unpaid after a certain period of time, the investor who purchased the lien may begin foreclosure proceedings against the property to which the lien is attached.
According to the court documents, May, Pisciotta and Collins conspired with others not to bid against one another at municipal tax lien auctions in New Jersey. Because the conspiracy permitted the conspirators to purchase tax liens with limited competition, each conspirator was able to obtain liens which earned a higher interest rate. Property owners were therefore made to pay higher interest on their tax debts than they would have paid had their liens been purchased in open and honest competition.
Each violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for a Sherman Act violation may be increased to twice the gain derived from the crime or twice the loss suffered by the victim if either amount is greater than the $1 million statutory maximum.”
Wednesday, August 24, 2011
DOJ SETTLES WITH PORK PRODUCER REGARDING IMMIGRATION EMPLOYMENT DISCRIMINATION
The following excerpt is from the Department of Justice Website:
Monday, August 22, 2011
WASHINGTON — The Justice Department today reached a settlement with Farmland Foods Inc., a major producer of pork products in the United States, resolving allegations that it engaged in a pattern or practice of discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States. Farmland Foods, a subsidiary of Smithfield Foods Inc., is headquartered in Kansas City, Mo. The settlement resolves the lawsuit between the United States and Farmland filed in June 2011.
The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization document issued by the Department of Homeland Security, such as a permanent resident card or an employment authorization document, rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9. Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
In addition to ending its impermissible document requests and modifying its employment eligibility verification process, Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.
“The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached this agreement, and we will continue to rely upon both public education and focused enforcement to prevent and deter employers from engaging in discriminatory I-9 practices. ”
Monday, August 22, 2011
WASHINGTON — The Justice Department today reached a settlement with Farmland Foods Inc., a major producer of pork products in the United States, resolving allegations that it engaged in a pattern or practice of discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States. Farmland Foods, a subsidiary of Smithfield Foods Inc., is headquartered in Kansas City, Mo. The settlement resolves the lawsuit between the United States and Farmland filed in June 2011.
The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization document issued by the Department of Homeland Security, such as a permanent resident card or an employment authorization document, rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9. Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
In addition to ending its impermissible document requests and modifying its employment eligibility verification process, Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.
“The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached this agreement, and we will continue to rely upon both public education and focused enforcement to prevent and deter employers from engaging in discriminatory I-9 practices. ”
Tuesday, August 23, 2011
FLORIDA FUGITIVE APPREHENDED IN GEORGIA
The following excerpt is from the U.S. Marshal's website:
August 19, 2011
Southern District of Georgia
Florida Fugitive Captured
Savannah, Georgia – A Florida man wanted by the Alachua County Sheriff’s Department in Gainsville, Florida was arrested by the United States Marshals Southeast Regional Fugitive Task Force and Savannah Chatham Metropolitan Police Department on August 19, 2011 in Savannah, Georgia.
Anthony M. Mathis, 19, was being sought on a warrant by the Alachua County Sheriff’s Department for Robbery. Mathis was part of a crew of young men, who would see a person make a purchase and flash money in a store or other business, and they would follow the person from the business. When outside they would beat the person down and steal their money. The incident happened in June of 2011. Other members of the crew have been arrested.
The case was referred to the Gainsville Office of the U.S. Marshals Florida Regional Fugitive Task Force in July 2011. The Florida Task Force conducted an extensive investigation over the last three and a half weeks to find Mathis. Numerous leads were generated by the Florida Task Force. The Florida Task Force received information that Mathis was possibly in the Savannah area and enlisted the aid of the Savannah Office of the U.S. Marshals Southeast Regional Fugitive Task Force. The Task Forces generated a possible address on Savannah’s southside at the Windsor Crossing Apartments on White Bluff Road. The Savannah Task Force and SCMPD Patrol units went to the address and found Mathis in apartment #405. Mathis was arrested without incident and transported to the Chatham County Jail to await extradition proceedings to send him back to Florida. Through the excellent coordination between the Marshals Task Forces and local law enforcement, a dangerous felon was taken off the street.
Annually, investigations carried out by the U.S. Marshals result in the apprehension of over 36, 000 federal fugitives. More federal fugitives are arrested by the Marshals Service than all other federal agencies combined.
The Marshals Southeast Regional Fugitive Task Force has three offices: Atlanta, Macon, and Savannah. The task force covers the whole state of Georgia. The Savannah Office of the Southeast Regional Fugitive Task Force is a team comprised of investigators from the Georgia Department of Corrections, the Chatham County Sheriff’s Department, the Savannah Chatham Metropolitan Police Department and the United States Marshals Service. The task force objective is to seek out and arrest fugitives charged with violent crimes, drug crimes, sex offenders, and other felonies. In 2010, U.S. Marshals led task forces arrested more than 81,000 state and local fugitives on felony charges."
Monday, August 22, 2011
DOJ GETS GUILTY PLEAS AND PRISON SENTENCES FOR PA. GANG MEMBERS
The following is an excerpt from the Department of Justice website:
Thursday, August 18, 2011
“Two Pittsburgh Crips Members Plead Guilty to Racketeering Charges
Additional Pittsburgh Crips Gang Member Sentenced to Prison
WASHINGTON – Two members of the Crips gang pleaded guilty today in federal court in Pittsburgh to charges of conspiring to conduct a racketeering enterprise, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.
Jamar Pharr, 27, of Pittsburgh, aka “Brownway,” pleaded guilty to one count of conspiracy to engage in a racketeering enterprise before Senior U.S. District Judge Gustave Diamond in the Western District of Pennsylvania. Devon Shealey, 25, of Pittsburgh, pleaded guilty before Judge Diamond to one count of violence in aid of racketeering.
In addition, yesterday Karl Anger, 22, aka “K-Loc,” was sentenced by Judge Diamond to 58 months in prison for conspiracy to participate in a racketeering enterprise, consecutive to 72 months he is currently serving on a state court conviction for an aggravated assault shooting, for a total of 130 months in prison. The shooting was also charged in the federal indictment as part of the racketeering conspiracy. Anger pleaded guilty on Jan. 19, 2011, to the federal racketeering conspiracy charge.
According to court documents, Pharr, Shealey, Anger and others participated in a pattern of racketeering activity that included robberies at gun point; attempted murders; distribution of heroin and crack cocaine; obstruction of justice and witness intimidation. The three defendants were members of different gangs in the Northside area of Pittsburgh that formed an alliance in 2003 to expand the gang’s drug trafficking territory and increase the gang’s membership to better protect their territory and profits. Members of the gang, known as the Brighton Place/Northview Heights Crips, maintained exclusive control over drug trafficking in these neighborhoods through continuous violence and intimidation of rivals and witnesses. Gang members supported each other through payment of attorneys’ fees and bonds, as well as payments to jail commissary accounts and support payments to incarcerated members’ families.
Gang members had violent confrontations with members of the rival Manchester OGs, and other street gangs operating in the Northside area of Pittsburgh. Members and associates obtained greater authority and prestige within the enterprise based on their reputation for violence and their ability to obtain and sell a steady supply of illegal drugs. According to court documents, the Brighton Place/Northview Heights Crips gang members identify themselves by wearing blue, flashing Crips gang hand signals, and using phrases such as “Cuz,” “C-Safe,” “Loc” and “G.K.”
According to court documents, Pharr was considered a respected member and leader in the enterprise. Pharr had a reputation for violence, and instructed other members and associates of the enterprise as to how to conduct the affairs of the enterprise, including how to possess and distribute firearms and controlled substances, and how to commit acts of violence and witness intimidation. Pharr also distributed controlled substances, including heroin.
Shealey and Anger were considered “gorillas” or “soldiers” for the enterprise, providing protection for the enterprise through the possession of firearms and committing acts of violence. Specifically, according to Shealey’s plea agreement, he was involved in shooting at a member of the Manchester OGs, in an effort to maintain and increase his position within the gang. According to information presented at sentencing, Anger obstructed justice when he tried to convince the victim in his assault case not to testify.
At sentencing, Pharr and Shealey each face maximum prison sentences of 20 years. Shealey is scheduled to be sentenced on Oct. 19, 2011, at 11:00 a.m., and Pharr on Dec. 15, 2011, at 10:00 a.m.
Pharr, Shealey and Anger are three of 26 defendants charged in February 2010 with being members of, and conducting racketeering activity through, the Brighton Place/Northview Heights Crips gang. This prosecution resulted from a Project Safe Neighborhoods Task Force investigation that began in 2005. To date, 23 members or associates of the Brighton Place/ Northview Heights Crips who were charged in this indictment have pleaded guilty to racketeering charges.
This case is being prosecuted by Assistant U.S. Attorneys Charles A. Eberle and Troy Rivetti of the Western District of Pennsylvania and Trial Attorney Kevin Rosenberg of the Criminal Division’s Organized Crime and Gang Section. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the City of Pittsburgh Bureau of Police; the Allegheny County, Penn., Police Department; and the Allegheny County Sheriff’s Office.”
Thursday, August 18, 2011
“Two Pittsburgh Crips Members Plead Guilty to Racketeering Charges
Additional Pittsburgh Crips Gang Member Sentenced to Prison
WASHINGTON – Two members of the Crips gang pleaded guilty today in federal court in Pittsburgh to charges of conspiring to conduct a racketeering enterprise, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.
Jamar Pharr, 27, of Pittsburgh, aka “Brownway,” pleaded guilty to one count of conspiracy to engage in a racketeering enterprise before Senior U.S. District Judge Gustave Diamond in the Western District of Pennsylvania. Devon Shealey, 25, of Pittsburgh, pleaded guilty before Judge Diamond to one count of violence in aid of racketeering.
In addition, yesterday Karl Anger, 22, aka “K-Loc,” was sentenced by Judge Diamond to 58 months in prison for conspiracy to participate in a racketeering enterprise, consecutive to 72 months he is currently serving on a state court conviction for an aggravated assault shooting, for a total of 130 months in prison. The shooting was also charged in the federal indictment as part of the racketeering conspiracy. Anger pleaded guilty on Jan. 19, 2011, to the federal racketeering conspiracy charge.
According to court documents, Pharr, Shealey, Anger and others participated in a pattern of racketeering activity that included robberies at gun point; attempted murders; distribution of heroin and crack cocaine; obstruction of justice and witness intimidation. The three defendants were members of different gangs in the Northside area of Pittsburgh that formed an alliance in 2003 to expand the gang’s drug trafficking territory and increase the gang’s membership to better protect their territory and profits. Members of the gang, known as the Brighton Place/Northview Heights Crips, maintained exclusive control over drug trafficking in these neighborhoods through continuous violence and intimidation of rivals and witnesses. Gang members supported each other through payment of attorneys’ fees and bonds, as well as payments to jail commissary accounts and support payments to incarcerated members’ families.
Gang members had violent confrontations with members of the rival Manchester OGs, and other street gangs operating in the Northside area of Pittsburgh. Members and associates obtained greater authority and prestige within the enterprise based on their reputation for violence and their ability to obtain and sell a steady supply of illegal drugs. According to court documents, the Brighton Place/Northview Heights Crips gang members identify themselves by wearing blue, flashing Crips gang hand signals, and using phrases such as “Cuz,” “C-Safe,” “Loc” and “G.K.”
According to court documents, Pharr was considered a respected member and leader in the enterprise. Pharr had a reputation for violence, and instructed other members and associates of the enterprise as to how to conduct the affairs of the enterprise, including how to possess and distribute firearms and controlled substances, and how to commit acts of violence and witness intimidation. Pharr also distributed controlled substances, including heroin.
Shealey and Anger were considered “gorillas” or “soldiers” for the enterprise, providing protection for the enterprise through the possession of firearms and committing acts of violence. Specifically, according to Shealey’s plea agreement, he was involved in shooting at a member of the Manchester OGs, in an effort to maintain and increase his position within the gang. According to information presented at sentencing, Anger obstructed justice when he tried to convince the victim in his assault case not to testify.
At sentencing, Pharr and Shealey each face maximum prison sentences of 20 years. Shealey is scheduled to be sentenced on Oct. 19, 2011, at 11:00 a.m., and Pharr on Dec. 15, 2011, at 10:00 a.m.
Pharr, Shealey and Anger are three of 26 defendants charged in February 2010 with being members of, and conducting racketeering activity through, the Brighton Place/Northview Heights Crips gang. This prosecution resulted from a Project Safe Neighborhoods Task Force investigation that began in 2005. To date, 23 members or associates of the Brighton Place/ Northview Heights Crips who were charged in this indictment have pleaded guilty to racketeering charges.
This case is being prosecuted by Assistant U.S. Attorneys Charles A. Eberle and Troy Rivetti of the Western District of Pennsylvania and Trial Attorney Kevin Rosenberg of the Criminal Division’s Organized Crime and Gang Section. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the City of Pittsburgh Bureau of Police; the Allegheny County, Penn., Police Department; and the Allegheny County Sheriff’s Office.”
DOJ SETTLES ANTITRUST CASE WITH REGAL BELOIT CORP. IN ANQISITION OF A.O. SMITH CORP ELECTRIC MOTOR BUSINESS
The following is an excerpt from the Department of Justice website:
"Wednesday, August 17, 2011
Justice Department Requires Divestitures in Order for Regal Beloit Corporation to Proceed with Its Acquisition of A.O. Smith Corporation’s Electric Motor Business. Divestitures Will Preserve Competition for Electric Motors for Pool and Spa Pumps and Draft Inducers for High-Efficiency Furnaces
WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require Regal Beloit Corporation (RBC) to divest its U.S. business for electric motors for pool and spa pumps to SNTech Inc. and to divest A.O. Smith Corporation’s (AOS) development work and related assets for draft inducers for high-efficiency furnaces to Revcor Inc., in order to proceed with RBC’s acquisition of AOS’s electric motor business. The department said that without the divestitures the acquisition would lead to higher prices, lower quality products, less customer service and less innovation in each of these markets.
The department said that the acquisition, as originally proposed, would combine two of the three leading suppliers of electric motors for pool and spa pumps in the United States. The acquisition also would have eliminated the most likely entrant into the market for draft inducers for furnaces with a thermal efficiency of 90 percent or greater (90+ draft inducers), a market in which RBC has a near monopoly.
The Department of Justice’s Antitrust Division filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“The acquisition as originally proposed would have lessened the vigorous competition that currently exists among manufacturers of electric motors for pool and spa pumps resulting in higher prices and lower quality products,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The acquisition also would have eliminated the firm best positioned to challenge Regal Beloit Corporation’s dominance in the market for draft inducers for high-efficiency furnaces.”
The department’s complaint alleges that the proposed acquisition would eliminate the significant competition between RBC and AOS in the already highly concentrated markets for electric motors for pool and spa pumps in the United States. The complaint also alleges that the proposed acquisition would eliminate the potential competition from AOS in the 90+ draft inducer market, in which RBC has a near monopoly.
The proposed settlement requires RBC to divest the assets used to design, manufacture and sell RBC motors used in pool and spa pump applications. The department has concluded that SNTech will integrate the divestiture assets into its current operations to create a viable competitor in the markets for electric motors for pool and spa pumps. The proposed settlement also requires that RBC divest the assets necessary to continue the design and development of AOS’s 90+ draft inducers. The department concluded that Revcor will integrate the divestiture assets into its current operations and replace the potential competition lost by RBC’s acquisition of AOS’s electric motor business. The divestitures to SNTech and Revcor will remedy the competitive concerns alleged in the complaint.
Electric motors sold for use in pool and spa pumps must be uniquely engineered and assembled to meet the size and performance specifications of the individual pump. In addition to size and energy efficiency, specification variables include the capacity of the impeller, speed, current/voltage, whether the motor is operated continually or sporadically, and whether the pump has more than one speed of operation.
Furnace draft inducers are specialized blowers for the movement of air and the expulsion of hot combustion gases produced by gas-fired furnaces. They perform an important safety function by extracting harmful combustion gases and venting those gases outside. Furnaces are classified according to their thermal efficiency, which is the percentage of energy used to heat the air and that is not lost with the vented combustion gases. Draft inducers are designed for the specific thermal efficiency of each furnace. More modern furnaces with higher thermal efficiency, typically referred to as 90 percent thermal efficiency or 90+, use draft inducers based on more advanced technology.
RBC, headquartered in Beloit, Wis., manufactures mechanical and electrical motion control and power generation products. RBC had revenues of approximately $2.2 billion in 2010.
AOS, headquartered in Milwaukee, is made up of two operating units: the water products business and the electric motor business. AOS is one of North America’s largest manufacturers of electric motors for residential and commercial applications. In 2010, AOS had revenues of approximately $1.5 billion, with approximately $700 million of that amount from electric motors and related products.
SNTech, headquartered in Phoenix, manufactures low-cost smart electric motors used in air moving applications.
Revcor, headquartered in Carpentersville, Ill., manufactures air moving products, including blowers and fans.”
"Wednesday, August 17, 2011
Justice Department Requires Divestitures in Order for Regal Beloit Corporation to Proceed with Its Acquisition of A.O. Smith Corporation’s Electric Motor Business. Divestitures Will Preserve Competition for Electric Motors for Pool and Spa Pumps and Draft Inducers for High-Efficiency Furnaces
WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require Regal Beloit Corporation (RBC) to divest its U.S. business for electric motors for pool and spa pumps to SNTech Inc. and to divest A.O. Smith Corporation’s (AOS) development work and related assets for draft inducers for high-efficiency furnaces to Revcor Inc., in order to proceed with RBC’s acquisition of AOS’s electric motor business. The department said that without the divestitures the acquisition would lead to higher prices, lower quality products, less customer service and less innovation in each of these markets.
The department said that the acquisition, as originally proposed, would combine two of the three leading suppliers of electric motors for pool and spa pumps in the United States. The acquisition also would have eliminated the most likely entrant into the market for draft inducers for furnaces with a thermal efficiency of 90 percent or greater (90+ draft inducers), a market in which RBC has a near monopoly.
The Department of Justice’s Antitrust Division filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“The acquisition as originally proposed would have lessened the vigorous competition that currently exists among manufacturers of electric motors for pool and spa pumps resulting in higher prices and lower quality products,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The acquisition also would have eliminated the firm best positioned to challenge Regal Beloit Corporation’s dominance in the market for draft inducers for high-efficiency furnaces.”
The department’s complaint alleges that the proposed acquisition would eliminate the significant competition between RBC and AOS in the already highly concentrated markets for electric motors for pool and spa pumps in the United States. The complaint also alleges that the proposed acquisition would eliminate the potential competition from AOS in the 90+ draft inducer market, in which RBC has a near monopoly.
The proposed settlement requires RBC to divest the assets used to design, manufacture and sell RBC motors used in pool and spa pump applications. The department has concluded that SNTech will integrate the divestiture assets into its current operations to create a viable competitor in the markets for electric motors for pool and spa pumps. The proposed settlement also requires that RBC divest the assets necessary to continue the design and development of AOS’s 90+ draft inducers. The department concluded that Revcor will integrate the divestiture assets into its current operations and replace the potential competition lost by RBC’s acquisition of AOS’s electric motor business. The divestitures to SNTech and Revcor will remedy the competitive concerns alleged in the complaint.
Electric motors sold for use in pool and spa pumps must be uniquely engineered and assembled to meet the size and performance specifications of the individual pump. In addition to size and energy efficiency, specification variables include the capacity of the impeller, speed, current/voltage, whether the motor is operated continually or sporadically, and whether the pump has more than one speed of operation.
Furnace draft inducers are specialized blowers for the movement of air and the expulsion of hot combustion gases produced by gas-fired furnaces. They perform an important safety function by extracting harmful combustion gases and venting those gases outside. Furnaces are classified according to their thermal efficiency, which is the percentage of energy used to heat the air and that is not lost with the vented combustion gases. Draft inducers are designed for the specific thermal efficiency of each furnace. More modern furnaces with higher thermal efficiency, typically referred to as 90 percent thermal efficiency or 90+, use draft inducers based on more advanced technology.
RBC, headquartered in Beloit, Wis., manufactures mechanical and electrical motion control and power generation products. RBC had revenues of approximately $2.2 billion in 2010.
AOS, headquartered in Milwaukee, is made up of two operating units: the water products business and the electric motor business. AOS is one of North America’s largest manufacturers of electric motors for residential and commercial applications. In 2010, AOS had revenues of approximately $1.5 billion, with approximately $700 million of that amount from electric motors and related products.
SNTech, headquartered in Phoenix, manufactures low-cost smart electric motors used in air moving applications.
Revcor, headquartered in Carpentersville, Ill., manufactures air moving products, including blowers and fans.”
Sunday, August 21, 2011
FORMER FUTURES AND OPTIONS TRADER TO PAY NEARLY $1.5 MILLION IN RESTITUTION/PENALTIES
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) obtained a federal court default judgment order requiring Otmane El Rhazi to pay over $1.49 million in restitution and a civil monetary penalty for unlawful trading, misappropriation, and fraud. El Rhazi is a Moroccan national and a former futures and options trader and Vice President for Citigroup Global Markets Limited in the U.K.
The order, entered on July 29, 2011 by Judge Denise Cote of the U.S. District Court for the Southern District of New York, requires El Rhazi to pay $373,860 in restitution and a $1,121,580 civil monetary penalty. The order also imposes permanent trading and registration bans against El Rhazi.
The order stems from a CFTC complaint filed on April 15, 2011 (see CFTC Press Release 6025-11, April 18, 2011). The CFTC complaint charged El Rhazi with noncompetitive trading, fraud, and misappropriation from a Citibank, N.A. proprietary account for which he exercised trading authority as an employee of Citigroup Global Markets Limited.
The court’s order finds that El Rhazi engaged in numerous noncompetitive and fictitious futures trades in order to steal money from a Citibank, N.A. proprietary account and pass the money to his personal account. Starting on November 23, 2010, El Rhazi engaged in a series of noncompetitive palladium and platinum futures transactions executed on the New York Mercantile Exchange’s Globex trading platform “in order to steal money from the Citi Account and pass the money to his own Personal Account,” according to the order. The effect of the transactions was that there was no net change in the open positions of either El Rhazi’s account or the Citibank, N.A. proprietary account. The order finds that as a result of the transactions, El Rhazi’s Personal Account profited and the Citibank, N.A. account cumulatively lost $373,860.
The CFTC thanks the U.K. Financial Services Authority and the National Futures Association for their assistance.”
The order, entered on July 29, 2011 by Judge Denise Cote of the U.S. District Court for the Southern District of New York, requires El Rhazi to pay $373,860 in restitution and a $1,121,580 civil monetary penalty. The order also imposes permanent trading and registration bans against El Rhazi.
The order stems from a CFTC complaint filed on April 15, 2011 (see CFTC Press Release 6025-11, April 18, 2011). The CFTC complaint charged El Rhazi with noncompetitive trading, fraud, and misappropriation from a Citibank, N.A. proprietary account for which he exercised trading authority as an employee of Citigroup Global Markets Limited.
The court’s order finds that El Rhazi engaged in numerous noncompetitive and fictitious futures trades in order to steal money from a Citibank, N.A. proprietary account and pass the money to his personal account. Starting on November 23, 2010, El Rhazi engaged in a series of noncompetitive palladium and platinum futures transactions executed on the New York Mercantile Exchange’s Globex trading platform “in order to steal money from the Citi Account and pass the money to his own Personal Account,” according to the order. The effect of the transactions was that there was no net change in the open positions of either El Rhazi’s account or the Citibank, N.A. proprietary account. The order finds that as a result of the transactions, El Rhazi’s Personal Account profited and the Citibank, N.A. account cumulatively lost $373,860.
The CFTC thanks the U.K. Financial Services Authority and the National Futures Association for their assistance.”
Friday, August 19, 2011
MAN TAKEN INTO CUSTODY AFTER CUTTING OFF ANKLE MONITOR
The following is an excerpt from the U.S. Marshals Service website:
“San Antonio, TX – The Lone Star Fugitive Task Force sponsored by the United States Marshals Service is announcing the arrest of Carlos Mireles Jr.
Mireles was born 07/1966 and listed an address in the 700 block of Jennings Street, San Antonio, Texas.
Mireles has previous arrests for drug possession, resisting and evading arrest, burglary of a vehicle, family violence, assault causing bodily injury, injury to a child/elderly/disable with intent to cause bodily harm.
In October 2010, Carlos Mireles was arrested for Aggravated Sexual Assault of a Child. A bond was set in the amount of $75,000. Mireles was further ordered to house arrest and required to wear a Global Positioning System (GPS), commonly referred to in the justice system as an ankle monitor.
May 2011, Mireles decided that he did not have to abide by the court ordered requirements and cut the device off. Immediately a warrant was issued for the arrest of Mireles. The Lone Star Fugitive Task Force in San Antonio was asked to assist with locating and apprehending Mireles.
On Thursday, July 14, 2011 credible information was developed that lead task force members to the 700 block of S.W. 19th Street, San Antonio. Surveillance of the residence lead investigators to believe Mireles was using this location to hide from law enforcement authorities. At approximately 9 p.m. members of the Lone Star Fugitive Task Force made entry into the residence. Once inside Mireles was found hiding in a back room. Mireles was arrested without incident. Also arrested was Melanie Felan, the girlfriend of Mireles and another associate of his.
Inside the residence, task force members found drug paraphernalia and weapons.
Robert R. Almonte, United States Marshal for the Western District of Texas said, “The investigative efforts of the Lone Star Fugitive Task Force to protect the children of our community will always be tireless and unwavering.”
Participating agencies of the Lone Star Fugitive Task Force are as follows: Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, Comal County Sheriff’s Office, Bexar County Fire Marshal’s Office, San Antonio Independent School District – Police Department, San Antonio Police Department, Texas Department of Public Safety, Texas Department of Criminal Justice – Office of Inspector General, Texas State Attorney General’s Office – Sex Offender Fugitive Unit and the United States Marshals Service.”
“San Antonio, TX – The Lone Star Fugitive Task Force sponsored by the United States Marshals Service is announcing the arrest of Carlos Mireles Jr.
Mireles was born 07/1966 and listed an address in the 700 block of Jennings Street, San Antonio, Texas.
Mireles has previous arrests for drug possession, resisting and evading arrest, burglary of a vehicle, family violence, assault causing bodily injury, injury to a child/elderly/disable with intent to cause bodily harm.
In October 2010, Carlos Mireles was arrested for Aggravated Sexual Assault of a Child. A bond was set in the amount of $75,000. Mireles was further ordered to house arrest and required to wear a Global Positioning System (GPS), commonly referred to in the justice system as an ankle monitor.
May 2011, Mireles decided that he did not have to abide by the court ordered requirements and cut the device off. Immediately a warrant was issued for the arrest of Mireles. The Lone Star Fugitive Task Force in San Antonio was asked to assist with locating and apprehending Mireles.
On Thursday, July 14, 2011 credible information was developed that lead task force members to the 700 block of S.W. 19th Street, San Antonio. Surveillance of the residence lead investigators to believe Mireles was using this location to hide from law enforcement authorities. At approximately 9 p.m. members of the Lone Star Fugitive Task Force made entry into the residence. Once inside Mireles was found hiding in a back room. Mireles was arrested without incident. Also arrested was Melanie Felan, the girlfriend of Mireles and another associate of his.
Inside the residence, task force members found drug paraphernalia and weapons.
Robert R. Almonte, United States Marshal for the Western District of Texas said, “The investigative efforts of the Lone Star Fugitive Task Force to protect the children of our community will always be tireless and unwavering.”
Participating agencies of the Lone Star Fugitive Task Force are as follows: Bexar County District Attorney’s Office, Bexar County Sheriff’s Office, Comal County Sheriff’s Office, Bexar County Fire Marshal’s Office, San Antonio Independent School District – Police Department, San Antonio Police Department, Texas Department of Public Safety, Texas Department of Criminal Justice – Office of Inspector General, Texas State Attorney General’s Office – Sex Offender Fugitive Unit and the United States Marshals Service.”
21 MEMBERS OF ROMANIAN GROUPS ARRESTED IN THE U.S. FOR INTERNET FRAUD SCHEME
The following is an excerpt from the Department of Justice Website:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, July 15, 2011
WASHINGTON – An ongoing Internet fraud scheme conducted by several networks of organized cyber criminals in Romania and the United States has been disrupted as a result of a series of law enforcement actions coordinated since 2010 between Romanian and U.S. law enforcement, including numerous arrests and searches that took place yesterday in Romania.
More than 100 individuals have been arrested and charged in Romania and judicial districts in the United States as a result of close cooperation between the Romanian General Inspectorate of Police, Directorate for Combating Organized Crime, the Romanian Directorate for Investigating Infractions of Organized Crime and Terrorism (DIICOT), the Romanian Intelligence Service (SRI), the General Directorate of Jandarmeria in Romania (GIJR) and the FBI, the U.S. Secret Service, the Computer Crime and Intellectual Property Section (CCIPS) in the Justice Department’s Criminal Division, and the U.S. Attorneys’ Offices for the Southern District of Florida, the Western District of Pennsylvania and the Eastern District of Missouri.
Yesterday, Romania law enforcement executed 117 searches targeting more than 100 individuals allegedly involved in the fraudulent scheme involving fake sales of merchandise through the Internet. Romanian law enforcement targeted individuals organizing and perpetrating this fraud from Romania.
According to U.S. court documents, in many of the cases, conspirators located in Romania would post items for sale such as cars, motorcycles and boats on Internet auction and online websites. They would instruct victims located in the United States and elsewhere who wanted to buy those items to wire transfer the purchase money to a fictitious name they claimed to be an employee of an escrow company. Once the victim wired the funds, the co-conspirators in Romania would text information about the wire transfer to co-conspirators in the United States known as “arrows” to enable them to retrieve the wired funds. They would also provide the arrows with instructions as to where to send the funds after retrieval. The arrows in the United States would go to money transmitter service counters such as Western Union or MoneyGram International, provide false documents including passports and drivers’ licenses in the name of the recipient of the wire transfer, and obtain the funds. They would subsequently wire the funds overseas, typically to individuals in Romania, minus a percentage kept for their commissions. In some cases, co-conspirators in Romania also directed arrows to provide bank accounts in the United States where larger amounts of funds could be wired by victims of the fraud. The victims would not receive the items they believed they were purchasing.
The Romania investigation is being conducted in conjunction with ongoing criminal investigations in the United States that also have been targeting this criminal activity. Since May 2010, the FBI and the U.S. Attorney’s Office for the Southern District of Florida have arrested and prosecuted numerous individuals from Romania, Moldova and the United States allegedly involved in this fraud scheme. Vadim Gherghelejiu, 29, of Moldova; Anatolie Bisericanu, 25, of Moldova; Jairo Osorno, 22, of Surfside, Fla.; Jason Eibinder, 22, of Sunny Isles Beach, Fla.; and Ciprian Jdera, 25, of Romania, have been convicted in the Southern District of Florida of conspiracy to commit wire fraud.
A 21-count indictment returned in Miami on Feb. 22, 2011 charged Pedro Pulido, 41, of Pembroke Pines, Fla.; Ivan Boris Barkovic, 19, of Sunny Isles Beach; Beand Dorsainville, 20, of North Miami Beach, Fla.; Sergiu Petrov, aka “Serogia,” 27, of Moldova; Oleg Virlan, 32, of Moldova; Marian Cristea, 22, of Romania; and Andrian Olarita, 26, of Moldova, with conspiracy to commit wire fraud and substantive counts of wire fraud. Pulido, Barkovic, Dorsainville and Olarita have pleaded guilty to conspiracy to commit wire fraud. Petrov, Virlan and Cristea remain at large and are considered fugitives.
On July 8, 2011, Adrian Culda, 37, of Romania, was arrested and subsequently charged in a complaint filed in Miami with conspiracy to commit wire fraud as part of this alleged cyber crime activity. Tiberiu Zachiteanu, 19, of Romania, was also charged in the same complaint with conspiracy to commit wire fraud and was arrested on July 12, 2011.
An investigation conducted by the U.S. Attorney’s Office for the Western District of Pennsylvania led to the arrests of seven defendants, including one individual in Pittsburgh, three individuals in the Eastern District of Missouri, two individuals in Fort Bend County, Texas, and one individual in Kentucky.
Marion Potcovaru, 30, of Romania, pleaded guilty on Feb. 2, 2011, to wire fraud related charges in the Western District of Pennsylvania. In St. Louis, the U.S. Attorney’s Office charged Augustin Prundurelu, 32, and Georgiana Andrei, 25, both of Romania, with forgery and passport fraud. Both defendants pleaded guilty and each were sentenced to six months in prison and ordered to pay restitution of $18,365. In addition, Sorin Mihai Madaian, 22, of Romania, pleaded guilty on May 23, 2011, in the Eastern District of Missouri to passport fraud charges. Victor Angelescu, 28, of Romania, was charged by the Commonwealth Attorney’s Office for the 27th Judicial Circuit of Kentucky with related wire fraud charges.
In Fort Bend County, Texas, Klara Mirabela Rusu, 24, and Eduard Sorin Neacsu, 36, were arrested on June 3, 2011, by officers from the Houston Police Department and charged by Fort Bend and Harris County authorities with money laundering and making false statements to obtain property. Rusu was indicted by a Fort Bend County grand jury on July 11, 2011, and charged with the felony offenses of money laundering and making a false statement. Neacsu’s grand jury date is pending due to possible additional charges. Both individuals are currently detained.
According to court documents, detectives observed Rusu and Neacsu enter a WalMart store, where Rusu and Neacsu presented a MoneyGram voucher and false identifications to a store clerk. Rusu and Neascu received $2,890 through Western Union and Money Gram from a victim in another state who had wired the money in response to an Internet advertisement for merchandise, which the victim never received. Rusu and Neacsu were later arrested and a search of their room produced a large amount of U.S. currency, computers, printers, plastic for manufacturing false identifications, an exacto knife, multiple mobile phones and false identifications with Neacsu’s picture.
An indictment is merely an allegation, and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Internet fraud scheme has resulted in an estimated loss of more than $10 million from victims, including those in the United States. The full loss amount and identification of additional victims is ongoing.
Over the last 10 years, U.S. law enforcement authorities have strengthened ties with Romanian law enforcement authorities to address the rising threats posed by Romanian-based organized cyber criminal networks. To date, hundreds of defendants have been arrested and charged in the United States, Romania, and other countries as a result of this cooperation.
The Department of Justice International Organized Crime Intelligence and Operations Center (IOC-2) has provided support and assistance to these ongoing investigations. IOC-2 partners with various law enforcement agencies to combine data and produce actionable leads for investigators and prosecutors working nationwide to combat international organized crime. IOC-2 also coordinates the resulting multi-jurisdictional investigations and prosecutions with its member agencies, U.S. Attorneys’ Offices and foreign law enforcement authorities.
The ongoing investigations are being led by the FBI and the U.S. Secret Service. U.S. Immigrations and Custom Enforcement is participating in the investigation related to the Pittsburgh cases. The federal cases are being prosecuted by Assistant U.S. Attorneys from the U.S. Attorneys’ Offices for the Southern District of Florida, the Western District of Pennsylvania and the Eastern District of Missouri, with support from CCIPS.
Local law enforcement assisting in these prosecutions include the Medina County, Ohio, Sheriff’s Office; the London, Ky., Police Department; Memphis, Tenn., Airport Police; the Kirkwood, Mo., Police Department; the Fort Bend and Harris County, Texas, District Attorneys’ Offices; the Houston Police Department; the Hallandale Beach, Fla., Police Department; the Pembroke Pines Police Department; the Miami Gardens Police Department; the Sunny Isles Beach Police Department; the North Miami Beach Police Department and the Davie, Fla., Police Department.
Also assisting law enforcement were the FBI’s Internet Crime Complaint Center (IC3), Wal-Mart Stores, Western Union, MoneyGram International, the National Cyber-Forensics and Training Alliance (NCFTA) and Publix Grocery Stores.”
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, July 15, 2011
WASHINGTON – An ongoing Internet fraud scheme conducted by several networks of organized cyber criminals in Romania and the United States has been disrupted as a result of a series of law enforcement actions coordinated since 2010 between Romanian and U.S. law enforcement, including numerous arrests and searches that took place yesterday in Romania.
More than 100 individuals have been arrested and charged in Romania and judicial districts in the United States as a result of close cooperation between the Romanian General Inspectorate of Police, Directorate for Combating Organized Crime, the Romanian Directorate for Investigating Infractions of Organized Crime and Terrorism (DIICOT), the Romanian Intelligence Service (SRI), the General Directorate of Jandarmeria in Romania (GIJR) and the FBI, the U.S. Secret Service, the Computer Crime and Intellectual Property Section (CCIPS) in the Justice Department’s Criminal Division, and the U.S. Attorneys’ Offices for the Southern District of Florida, the Western District of Pennsylvania and the Eastern District of Missouri.
Yesterday, Romania law enforcement executed 117 searches targeting more than 100 individuals allegedly involved in the fraudulent scheme involving fake sales of merchandise through the Internet. Romanian law enforcement targeted individuals organizing and perpetrating this fraud from Romania.
According to U.S. court documents, in many of the cases, conspirators located in Romania would post items for sale such as cars, motorcycles and boats on Internet auction and online websites. They would instruct victims located in the United States and elsewhere who wanted to buy those items to wire transfer the purchase money to a fictitious name they claimed to be an employee of an escrow company. Once the victim wired the funds, the co-conspirators in Romania would text information about the wire transfer to co-conspirators in the United States known as “arrows” to enable them to retrieve the wired funds. They would also provide the arrows with instructions as to where to send the funds after retrieval. The arrows in the United States would go to money transmitter service counters such as Western Union or MoneyGram International, provide false documents including passports and drivers’ licenses in the name of the recipient of the wire transfer, and obtain the funds. They would subsequently wire the funds overseas, typically to individuals in Romania, minus a percentage kept for their commissions. In some cases, co-conspirators in Romania also directed arrows to provide bank accounts in the United States where larger amounts of funds could be wired by victims of the fraud. The victims would not receive the items they believed they were purchasing.
The Romania investigation is being conducted in conjunction with ongoing criminal investigations in the United States that also have been targeting this criminal activity. Since May 2010, the FBI and the U.S. Attorney’s Office for the Southern District of Florida have arrested and prosecuted numerous individuals from Romania, Moldova and the United States allegedly involved in this fraud scheme. Vadim Gherghelejiu, 29, of Moldova; Anatolie Bisericanu, 25, of Moldova; Jairo Osorno, 22, of Surfside, Fla.; Jason Eibinder, 22, of Sunny Isles Beach, Fla.; and Ciprian Jdera, 25, of Romania, have been convicted in the Southern District of Florida of conspiracy to commit wire fraud.
A 21-count indictment returned in Miami on Feb. 22, 2011 charged Pedro Pulido, 41, of Pembroke Pines, Fla.; Ivan Boris Barkovic, 19, of Sunny Isles Beach; Beand Dorsainville, 20, of North Miami Beach, Fla.; Sergiu Petrov, aka “Serogia,” 27, of Moldova; Oleg Virlan, 32, of Moldova; Marian Cristea, 22, of Romania; and Andrian Olarita, 26, of Moldova, with conspiracy to commit wire fraud and substantive counts of wire fraud. Pulido, Barkovic, Dorsainville and Olarita have pleaded guilty to conspiracy to commit wire fraud. Petrov, Virlan and Cristea remain at large and are considered fugitives.
On July 8, 2011, Adrian Culda, 37, of Romania, was arrested and subsequently charged in a complaint filed in Miami with conspiracy to commit wire fraud as part of this alleged cyber crime activity. Tiberiu Zachiteanu, 19, of Romania, was also charged in the same complaint with conspiracy to commit wire fraud and was arrested on July 12, 2011.
An investigation conducted by the U.S. Attorney’s Office for the Western District of Pennsylvania led to the arrests of seven defendants, including one individual in Pittsburgh, three individuals in the Eastern District of Missouri, two individuals in Fort Bend County, Texas, and one individual in Kentucky.
Marion Potcovaru, 30, of Romania, pleaded guilty on Feb. 2, 2011, to wire fraud related charges in the Western District of Pennsylvania. In St. Louis, the U.S. Attorney’s Office charged Augustin Prundurelu, 32, and Georgiana Andrei, 25, both of Romania, with forgery and passport fraud. Both defendants pleaded guilty and each were sentenced to six months in prison and ordered to pay restitution of $18,365. In addition, Sorin Mihai Madaian, 22, of Romania, pleaded guilty on May 23, 2011, in the Eastern District of Missouri to passport fraud charges. Victor Angelescu, 28, of Romania, was charged by the Commonwealth Attorney’s Office for the 27th Judicial Circuit of Kentucky with related wire fraud charges.
In Fort Bend County, Texas, Klara Mirabela Rusu, 24, and Eduard Sorin Neacsu, 36, were arrested on June 3, 2011, by officers from the Houston Police Department and charged by Fort Bend and Harris County authorities with money laundering and making false statements to obtain property. Rusu was indicted by a Fort Bend County grand jury on July 11, 2011, and charged with the felony offenses of money laundering and making a false statement. Neacsu’s grand jury date is pending due to possible additional charges. Both individuals are currently detained.
According to court documents, detectives observed Rusu and Neacsu enter a WalMart store, where Rusu and Neacsu presented a MoneyGram voucher and false identifications to a store clerk. Rusu and Neascu received $2,890 through Western Union and Money Gram from a victim in another state who had wired the money in response to an Internet advertisement for merchandise, which the victim never received. Rusu and Neacsu were later arrested and a search of their room produced a large amount of U.S. currency, computers, printers, plastic for manufacturing false identifications, an exacto knife, multiple mobile phones and false identifications with Neacsu’s picture.
An indictment is merely an allegation, and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The Internet fraud scheme has resulted in an estimated loss of more than $10 million from victims, including those in the United States. The full loss amount and identification of additional victims is ongoing.
Over the last 10 years, U.S. law enforcement authorities have strengthened ties with Romanian law enforcement authorities to address the rising threats posed by Romanian-based organized cyber criminal networks. To date, hundreds of defendants have been arrested and charged in the United States, Romania, and other countries as a result of this cooperation.
The Department of Justice International Organized Crime Intelligence and Operations Center (IOC-2) has provided support and assistance to these ongoing investigations. IOC-2 partners with various law enforcement agencies to combine data and produce actionable leads for investigators and prosecutors working nationwide to combat international organized crime. IOC-2 also coordinates the resulting multi-jurisdictional investigations and prosecutions with its member agencies, U.S. Attorneys’ Offices and foreign law enforcement authorities.
The ongoing investigations are being led by the FBI and the U.S. Secret Service. U.S. Immigrations and Custom Enforcement is participating in the investigation related to the Pittsburgh cases. The federal cases are being prosecuted by Assistant U.S. Attorneys from the U.S. Attorneys’ Offices for the Southern District of Florida, the Western District of Pennsylvania and the Eastern District of Missouri, with support from CCIPS.
Local law enforcement assisting in these prosecutions include the Medina County, Ohio, Sheriff’s Office; the London, Ky., Police Department; Memphis, Tenn., Airport Police; the Kirkwood, Mo., Police Department; the Fort Bend and Harris County, Texas, District Attorneys’ Offices; the Houston Police Department; the Hallandale Beach, Fla., Police Department; the Pembroke Pines Police Department; the Miami Gardens Police Department; the Sunny Isles Beach Police Department; the North Miami Beach Police Department and the Davie, Fla., Police Department.
Also assisting law enforcement were the FBI’s Internet Crime Complaint Center (IC3), Wal-Mart Stores, Western Union, MoneyGram International, the National Cyber-Forensics and Training Alliance (NCFTA) and Publix Grocery Stores.”
OVER $2.5 MILLION TO BE PAID BY CATERPILLAR TO SETTLE ALLEGED CLEAN AIR ACT VIOLATIONS
Caterpillar Inc. to Pay $2.55 Million to Resolve Clean Air Act Violations
The following case is an excerpt from the EPA website:
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Caterpillar Inc. to resolve alleged Clean Air Act violations for shipping more than 590,000 highway and non-road diesel engines without the correct emissions controls. Caterpillar also allegedly failed to comply with emission control reporting and engine-labeling requirements. Caterpillar will pay a $2.55 million penalty, continue a recall of noncompliant engines and reduce excess emissions. Engines operating without proper emissions controls can emit excess nitrogen oxides (NOx), particulate matter and other air pollutants that impact people’s health, potentially causing respiratory illnesses and aggravating asthma.
"The enforcement of vehicle emissions standards, labeling and reporting requirements is critical to protecting the air we breathe and ensuring that companies play by the rules,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect public health and create a level playing field for companies that meet their environmental obligations.”
“This settlement demonstrates our commitment to enforcing the Clean Air Act’s requirement that engine manufacturers take steps to ensure engines are equipped with emissions controls that are essential to protecting public health from harmful air pollution,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “Caterpillar will pay a substantial civil penalty for shipping engines that did not comply with these Clean Air Act requirements, and under this settlement, it must continue its recall and correction of engines that do not have correctly configured emissions controls.”
The Clean Air Act requires the use of certified after-treatment devices (ATDs) that control engine exhaust emissions once the emissions have exited the engine and entered the exhaust system. Typical ATDs include catalytic converters and diesel particulate filters. Correct fuel injector and fuel map settings are also crucial for proper engine emission control. Caterpillar allegedly shipped over 590,000 engines to vehicle assemblers without the correct ATDs and with improperly configured fuel injector and map settings. In some cases, the mis-configured engines were incorporated into vehicles which resulted in excess emissions of NOx and particulate matter into the environment.
The consent decree requires Caterpillar to continue its recall of non-compliant engines to install the correct ATDs and correct the fuel injector and fuel map settings. In addition to the recall, Caterpillar will mitigate the effects of the excess emissions from its engines through permanent retirement of banked emission credits. Caterpillar will also improve its reporting of emission control system defects, as required under the Clean Air Act.
The state of California, through the Air Resources Board, is also settling its claims for violations arising from the sale of improperly configured engines in California. California will receive $510,000 of the civil penalty.
The settlement was lodged today in the U.S. District Court for the District of Columbia and is subject to a 30-day public comment period."
The following case is an excerpt from the EPA website:
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Caterpillar Inc. to resolve alleged Clean Air Act violations for shipping more than 590,000 highway and non-road diesel engines without the correct emissions controls. Caterpillar also allegedly failed to comply with emission control reporting and engine-labeling requirements. Caterpillar will pay a $2.55 million penalty, continue a recall of noncompliant engines and reduce excess emissions. Engines operating without proper emissions controls can emit excess nitrogen oxides (NOx), particulate matter and other air pollutants that impact people’s health, potentially causing respiratory illnesses and aggravating asthma.
"The enforcement of vehicle emissions standards, labeling and reporting requirements is critical to protecting the air we breathe and ensuring that companies play by the rules,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect public health and create a level playing field for companies that meet their environmental obligations.”
“This settlement demonstrates our commitment to enforcing the Clean Air Act’s requirement that engine manufacturers take steps to ensure engines are equipped with emissions controls that are essential to protecting public health from harmful air pollution,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “Caterpillar will pay a substantial civil penalty for shipping engines that did not comply with these Clean Air Act requirements, and under this settlement, it must continue its recall and correction of engines that do not have correctly configured emissions controls.”
The Clean Air Act requires the use of certified after-treatment devices (ATDs) that control engine exhaust emissions once the emissions have exited the engine and entered the exhaust system. Typical ATDs include catalytic converters and diesel particulate filters. Correct fuel injector and fuel map settings are also crucial for proper engine emission control. Caterpillar allegedly shipped over 590,000 engines to vehicle assemblers without the correct ATDs and with improperly configured fuel injector and map settings. In some cases, the mis-configured engines were incorporated into vehicles which resulted in excess emissions of NOx and particulate matter into the environment.
The consent decree requires Caterpillar to continue its recall of non-compliant engines to install the correct ATDs and correct the fuel injector and fuel map settings. In addition to the recall, Caterpillar will mitigate the effects of the excess emissions from its engines through permanent retirement of banked emission credits. Caterpillar will also improve its reporting of emission control system defects, as required under the Clean Air Act.
The state of California, through the Air Resources Board, is also settling its claims for violations arising from the sale of improperly configured engines in California. California will receive $510,000 of the civil penalty.
The settlement was lodged today in the U.S. District Court for the District of Columbia and is subject to a 30-day public comment period."
FORMER SHERIFF PLEADS GUILTY TO VIOLATING WOMENS CIVIL RIGHTS
The following excerpt is from the Department of Justice website:
Wednesday, August 17, 2011
“WASHINGTON – The Department of Justice announced today that Neal Wayne “Bear” Groom, former sheriff of the Worth County, Mo., Sheriff’s Office, pleaded guilty to depriving eight Missouri women of their civil rights by coercing the women to expose parts of their bodies to him, which was in violation of the Fourth Amendment prohibition against unreasonable seizures.
As part of the plea, Groom admitted that while he was sheriff of Worth County, he coerced the women into exposing unclothed parts of their bodies to him and that he photographed some of the women, which in some cases included their exposed breasts. Groom used the guise of checking the women for injuries or evidence of drug injections to coerce the women into revealing different parts of their bodies to him. By pleading guilty, Groom admitted that he invaded the personal privacy of the victims by coercing them to expose their breasts to him for no legitimate law enforcement purpose.
Groom faces a maximum punishment of 12 months in prison and a potential fine of up to $100,000 for each of the eight counts.
“Such egregious misconduct by those entrusted to uphold our laws will not be tolerated,” stated Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “The Department of Justice will continue to vigorously prosecute these cases.”
“Law enforcement officials are not above the law,” said U.S. Attorney for the Western District of Missouri Beth Phillips. “When they abuse their authority by violating the civil rights of the citizens they are sworn to protect, they will be held accountable.”
Wednesday, August 17, 2011
“WASHINGTON – The Department of Justice announced today that Neal Wayne “Bear” Groom, former sheriff of the Worth County, Mo., Sheriff’s Office, pleaded guilty to depriving eight Missouri women of their civil rights by coercing the women to expose parts of their bodies to him, which was in violation of the Fourth Amendment prohibition against unreasonable seizures.
As part of the plea, Groom admitted that while he was sheriff of Worth County, he coerced the women into exposing unclothed parts of their bodies to him and that he photographed some of the women, which in some cases included their exposed breasts. Groom used the guise of checking the women for injuries or evidence of drug injections to coerce the women into revealing different parts of their bodies to him. By pleading guilty, Groom admitted that he invaded the personal privacy of the victims by coercing them to expose their breasts to him for no legitimate law enforcement purpose.
Groom faces a maximum punishment of 12 months in prison and a potential fine of up to $100,000 for each of the eight counts.
“Such egregious misconduct by those entrusted to uphold our laws will not be tolerated,” stated Assistant Attorney General for the Civil Rights Division Thomas E. Perez. “The Department of Justice will continue to vigorously prosecute these cases.”
“Law enforcement officials are not above the law,” said U.S. Attorney for the Western District of Missouri Beth Phillips. “When they abuse their authority by violating the civil rights of the citizens they are sworn to protect, they will be held accountable.”
RETIRED COLONEL WILL SPEND YEAR IN PRISON FOR IRAQI WAR BRIBERY SCHEME
The following is an excerpt from the Department of Justice website:
Tuesday, August 16, 2011
"Retired Army Colonel Sentenced to 12 Months in Prison for Bribery Scheme Involving Department of Defense Contracts in Iraq
WASHINGTON — A retired colonel in the U.S. Army was sentenced today to 12 months in prison for her role in a scheme to pay bribes for contracts awarded in support of the Iraq war, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division.
Levonda J. Selph, 57, was sentenced by U.S. District Judge Reggie B. Walton of the District of Columbia. In addition to her prison term, Selph was sentenced to three years of supervised release and was ordered to pay a $5,000 fine and $9,000 in restitution.
Selph pleaded guilty in June 2008 to an information charging her with one count of bribery and one count of conspiracy. According to the information, in 2005, then-Lt. Colonel Selph served as chair of a selection board for a $12 million contract to build and operate several Department of Defense warehouses in Iraq. Selph accepted fraudulent bids from a co-conspirator contracting firm, and helped that firm to win the contract award. In return for these actions, Selph accepted a vacation to Thailand and other things of value totaling approximately $9,000.
This case is being prosecuted by Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section and Trial Attorneys Mark W. Pletcher and Emily W. Allen of the Criminal Division’s Fraud Section and the Antitrust Division.
The case is being investigated by special agents of the Army Criminal Investigation Command; Defense Criminal Investigative Service; the Special Inspector General for Iraq Reconstruction; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the FBI Washington Field Office.”
Thursday, August 18, 2011
FISHERMEN, WHOLESALER AND OTHERS INDICTED FOR OBSTRUCTION OF JUSTICE AND ILLEGAL TAKING AND SELLING OF OYSTERS
The following is an excerpt from the Department of Justice website:
Tuesday, August 16, 2011
Three Fishermen, Seafood Wholesaler and Associated Employees Indicted for Obstruction of Justice and the Illegal Harvest and Sale of New Jersey Oysters
WASHINGTON – A 15-count indictment returned by a federal grand jury in Camden, N.J., was unsealed today following the arrest of six individuals from New Jersey and Maryland, and the seizure or restraint of 10 oyster fishing boats in New Jersey, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Paul J. Fishman, U.S. Attorney for the District of New Jersey.
The indictment charges the six individuals and two related companies with creating false reports and records of harvested oysters, trafficking in illegally harvested oysters, obstruction of justice, and charges five of the individuals and the two companies with conspiracy to commit those crimes.
The individuals charged were Thomas Reeves, Todd Reeves, and Renee Reeves, of Port Norris, N.J.; Kenneth W. Bailey of Heislerville, N.J.; Mark Bryan of New Market, Md.; and Pamela Meloney of Secretary, Md. The charged businesses are Reeves Brothers in Port Norris, N.J., which is owned and operated by Thomas and Todd Reeves and Harbor House Seafood in Seaford, Del., which is co-owned by Mark Bryan.
According to the indictment, from 2004 through 2007, Thomas and Todd Reeves were oyster fishermen who owned the oyster dealer business Reeves Brothers where Renee Reeves worked. The Reeves would create reports and records required by state and federal law that claimed they harvested fewer oysters than they actually did, and they would take more oysters from the Delaware Bay than they were allowed under New Jersey law. The fair market retail value of the Reeves’ illegal harvest during this time was well in excess of $600,000, and they over-harvested their quota in some years by as much as 90 percent.
Also alleged in the indictment, to help hide their illegal harvest, the Reeves, and Mark Bryan and Pamela Meloney at Harbor House, would create and maintain records that falsely indicated the amount of oysters the Reeves actually sold to Harbor House. To help prevent the discovery of their actions, Bryan and Meloney provided to law enforcement officers investigating the matter records of Harbor House’s purchases from the Reeves that Bryan and Meloney knew were false.
The indictment alleges that Bryan and Meloney created false records of Harbor House’s purchases from another Port Norris area oyster fisherman, Kenneth W. Bailey. Like the Reeves, in 2006 and 2007, Bailey would create reports and records required by state and federal law that claimed he harvested fewer oysters than he actually did, and he would take more oysters from the Delaware Bay than allowed under New Jersey law.
The indictment identifies 10 vessels that were used by the Reeves and/or Bailey to engage in their illegal harvest, and that are therefore subject to forfeiture to the United States upon a conviction of some of the offenses charged in the indictment. To ensure that the vessels are available for forfeiture in the same condition that they presently are, five of these vessels (the Janet R, Amanda Laurnen, Miss Lill, Crab Daddy and Conch Emperor) were seized by the U.S. Marshals. The other five vessels (the Martha Meerwald, Louise Ockers, Linda W, Turkey Jack and Beverly Ray Bailey) have been made subject to a restraining order that prohibits their use or operation pending the outcome of the trial.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The maximum penalty for five of the obstruction of justice counts is up to 20 years in prison and a $250,000 fine, for the individuals. The maximum penalty for each of the remaining violations by the individuals includes up to five years in prison and a $250,000 fine. The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain, for each count.
The case was investigated by the National Oceanic and Atmospheric Administration, Office of Law Enforcement, and The New Jersey Department of Environmental Protection, Division of Fish and Wildlife. The case is being prosecuted by Wayne D. Hettenbach of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, and Assistant U.S. Attorney Matthew T. Smith of the U.S. Attorney’s Office for the District of New Jersey.”
Tuesday, August 16, 2011
Three Fishermen, Seafood Wholesaler and Associated Employees Indicted for Obstruction of Justice and the Illegal Harvest and Sale of New Jersey Oysters
WASHINGTON – A 15-count indictment returned by a federal grand jury in Camden, N.J., was unsealed today following the arrest of six individuals from New Jersey and Maryland, and the seizure or restraint of 10 oyster fishing boats in New Jersey, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Paul J. Fishman, U.S. Attorney for the District of New Jersey.
The indictment charges the six individuals and two related companies with creating false reports and records of harvested oysters, trafficking in illegally harvested oysters, obstruction of justice, and charges five of the individuals and the two companies with conspiracy to commit those crimes.
The individuals charged were Thomas Reeves, Todd Reeves, and Renee Reeves, of Port Norris, N.J.; Kenneth W. Bailey of Heislerville, N.J.; Mark Bryan of New Market, Md.; and Pamela Meloney of Secretary, Md. The charged businesses are Reeves Brothers in Port Norris, N.J., which is owned and operated by Thomas and Todd Reeves and Harbor House Seafood in Seaford, Del., which is co-owned by Mark Bryan.
According to the indictment, from 2004 through 2007, Thomas and Todd Reeves were oyster fishermen who owned the oyster dealer business Reeves Brothers where Renee Reeves worked. The Reeves would create reports and records required by state and federal law that claimed they harvested fewer oysters than they actually did, and they would take more oysters from the Delaware Bay than they were allowed under New Jersey law. The fair market retail value of the Reeves’ illegal harvest during this time was well in excess of $600,000, and they over-harvested their quota in some years by as much as 90 percent.
Also alleged in the indictment, to help hide their illegal harvest, the Reeves, and Mark Bryan and Pamela Meloney at Harbor House, would create and maintain records that falsely indicated the amount of oysters the Reeves actually sold to Harbor House. To help prevent the discovery of their actions, Bryan and Meloney provided to law enforcement officers investigating the matter records of Harbor House’s purchases from the Reeves that Bryan and Meloney knew were false.
The indictment alleges that Bryan and Meloney created false records of Harbor House’s purchases from another Port Norris area oyster fisherman, Kenneth W. Bailey. Like the Reeves, in 2006 and 2007, Bailey would create reports and records required by state and federal law that claimed he harvested fewer oysters than he actually did, and he would take more oysters from the Delaware Bay than allowed under New Jersey law.
The indictment identifies 10 vessels that were used by the Reeves and/or Bailey to engage in their illegal harvest, and that are therefore subject to forfeiture to the United States upon a conviction of some of the offenses charged in the indictment. To ensure that the vessels are available for forfeiture in the same condition that they presently are, five of these vessels (the Janet R, Amanda Laurnen, Miss Lill, Crab Daddy and Conch Emperor) were seized by the U.S. Marshals. The other five vessels (the Martha Meerwald, Louise Ockers, Linda W, Turkey Jack and Beverly Ray Bailey) have been made subject to a restraining order that prohibits their use or operation pending the outcome of the trial.
An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The maximum penalty for five of the obstruction of justice counts is up to 20 years in prison and a $250,000 fine, for the individuals. The maximum penalty for each of the remaining violations by the individuals includes up to five years in prison and a $250,000 fine. The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain, for each count.
The case was investigated by the National Oceanic and Atmospheric Administration, Office of Law Enforcement, and The New Jersey Department of Environmental Protection, Division of Fish and Wildlife. The case is being prosecuted by Wayne D. Hettenbach of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, and Assistant U.S. Attorney Matthew T. Smith of the U.S. Attorney’s Office for the District of New Jersey.”
Tuesday, August 16, 2011
WOMAN IN MICHIGAN GETS TWO YEARS FOR SELLING COUNTERFEIT SOFTWARE
The following is an excerpt from the Department of Justice website:
Monday, August 15, 2011
“Michigan Woman Sentenced to Two Years in Prison for Selling More Than $400,000 in Counterfeit Business Software
WASHINGTON – A Michigan woman was sentenced today to two years in prison for selling more than $400,000 worth of counterfeit computer software, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
Jacinda Jones, 31, of Ypsilanti, Mich., also was ordered by U.S. District Court Judge David M. Lawson in Detroit to serve three years of supervised release following her prison term and to pay $441,035 in restitution. Jones pleaded guilty on April 20, 2011, to one count of criminal copyright infringement. According to documents filed in court, Jones grossed more than $400,000 between July 2008 and January 2010 by selling more than 7,000 copies of pirated business software at discounted prices through the website www.cheapdl.com. The software had a retail value of more than $2 million and was owned by several companies, including Microsoft, Adobe, Intuit and Symantec . Jones’ activities came to the attention of the U.S. Immigration and Customs Enforcement (ICE) agents, who made several undercover purchases of the pirated business and utility software.
The case was prosecuted by Assistant U.S. Attorney Terrence Berg of the U.S. Attorney’s Office for the Eastern District of Michigan and Trial Attorney Thomas Dougherty of the Computer Crime and Intellectual Property Section in the Justice Department’s Criminal Division. The investigation was conducted by National Intellectual Property Rights Coordination Center (IPR Center) in Crystal City, Va., and by ICE’s Office of Homeland Security Investigations in Detroit.
The sentencing announced today is an example of the type of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.”
Monday, August 15, 2011
“Michigan Woman Sentenced to Two Years in Prison for Selling More Than $400,000 in Counterfeit Business Software
WASHINGTON – A Michigan woman was sentenced today to two years in prison for selling more than $400,000 worth of counterfeit computer software, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan.
Jacinda Jones, 31, of Ypsilanti, Mich., also was ordered by U.S. District Court Judge David M. Lawson in Detroit to serve three years of supervised release following her prison term and to pay $441,035 in restitution. Jones pleaded guilty on April 20, 2011, to one count of criminal copyright infringement. According to documents filed in court, Jones grossed more than $400,000 between July 2008 and January 2010 by selling more than 7,000 copies of pirated business software at discounted prices through the website www.cheapdl.com. The software had a retail value of more than $2 million and was owned by several companies, including Microsoft, Adobe, Intuit and Symantec . Jones’ activities came to the attention of the U.S. Immigration and Customs Enforcement (ICE) agents, who made several undercover purchases of the pirated business and utility software.
The case was prosecuted by Assistant U.S. Attorney Terrence Berg of the U.S. Attorney’s Office for the Eastern District of Michigan and Trial Attorney Thomas Dougherty of the Computer Crime and Intellectual Property Section in the Justice Department’s Criminal Division. The investigation was conducted by National Intellectual Property Rights Coordination Center (IPR Center) in Crystal City, Va., and by ICE’s Office of Homeland Security Investigations in Detroit.
The sentencing announced today is an example of the type of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.”
Sunday, August 14, 2011
4 MEN CHARGED WITH FRAUD IN HOME LOAN MODIFICATION SCAM
The following is an excerpt from the Department of Justice website:
Tuesday, August 9, 2011
WASHINGTON - Four Florida men were arrested today on charges that they defrauded homeowners in Massachusetts and elsewhere in connection with a home loan modification scam, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Carmen M. Ortiz for the District of Massachusetts and Christy Romero, Acting Special Inspector General for the Troubled Asset Relief Program (SIGTARP).
A 20-count indictment was unsealed today in federal court in Boston, charging Christopher S. Godfrey, 42, of Delray Beach, Fla.; Dennis Fischer, 40, of Highland Beach, Fla.; Vernell Burris Jr, 51, of Boynton Beach, Fla.; and Brian M. Kelly, 34, of Boca Raton, Fla., with conspiracy, wire fraud, mail fraud and misuse of a government seal. The defendants were arrested today by SIGTARP agents and will make their initial appearances in U.S. District Court in West Palm Beach, Fla., tomorrow at 10 a.m. EDT.
According to the indictment, Godfrey was the president and Fischer was the vice president and treasurer of a Florida company called Home Owners Protection Economics Inc. (HOPE). Burris was the manager and primary trainer of HOPE telemarketers, while Kelly was one of the principal telemarketers as well as a trainer for other HOPE telemarketers.
The indictment alleges that from January 2009 through May 2011, the defendants made, and instructed their employees to make, a series of misrepresentations to induce financially distressed homeowners looking for a federally-funded home loan modification to pay HOPE a $400-$900 up-front fee in exchange for HOPE’s home loan modifications, modification services and “software licenses.” According to the indictment, these misrepresentations included claims that homeowners were virtually guaranteed, with HOPE’s assistance, to receive a loan modification under the Home Affordable Modification Program (HAMP), which is part of TARP and is a federally-funded mortgage assistance program. Additional misrepresentations to homeowners included that HOPE was affiliated with the homeowner’s mortgage lender, that the homeowner had been approved for a home loan modification, that homeowners could stop making mortgage payments while they waited for HOPE to arrange their loan modification and that HOPE would refund the customer’s fee if the modification was not successful. HOPE also claimed that it operated as a non-profit organization.
In exchange for these up-front fees, HOPE allegedly sent its customers, including homeowners in Massachusetts, a do-it-yourself application package that was nearly identical to the application the U.S. government provides free of charge. HOPE instructed customers to fill out the application and submit it to their mortgage lender. According to the indictment, the HOPE customers who did use the provided forms to apply on their own for loan modifications had no advantage in the application process, and, in fact, most of their applications were denied. Through these misrepresentations, HOPE was able to persuade thousands of homeowners collectively to pay more than $3 million in fees to HOPE.
Godfrey and Fischer were charged with one count of conspiracy, nine counts of wire fraud, nine counts of mail fraud and one count of misuse of a government seal. Burris and Kelly were charged with one count of conspiracy, nine counts of wire fraud and nine counts of mail fraud. Each count of conspiracy and misuse of a government seal carries a maximum penalty of five years in prison and a $250,000 fine. Each count of mail and wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine. All of the defendants face possible orders of restitution.
An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty in a court of law.”
Tuesday, August 9, 2011
WASHINGTON - Four Florida men were arrested today on charges that they defrauded homeowners in Massachusetts and elsewhere in connection with a home loan modification scam, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Carmen M. Ortiz for the District of Massachusetts and Christy Romero, Acting Special Inspector General for the Troubled Asset Relief Program (SIGTARP).
A 20-count indictment was unsealed today in federal court in Boston, charging Christopher S. Godfrey, 42, of Delray Beach, Fla.; Dennis Fischer, 40, of Highland Beach, Fla.; Vernell Burris Jr, 51, of Boynton Beach, Fla.; and Brian M. Kelly, 34, of Boca Raton, Fla., with conspiracy, wire fraud, mail fraud and misuse of a government seal. The defendants were arrested today by SIGTARP agents and will make their initial appearances in U.S. District Court in West Palm Beach, Fla., tomorrow at 10 a.m. EDT.
According to the indictment, Godfrey was the president and Fischer was the vice president and treasurer of a Florida company called Home Owners Protection Economics Inc. (HOPE). Burris was the manager and primary trainer of HOPE telemarketers, while Kelly was one of the principal telemarketers as well as a trainer for other HOPE telemarketers.
The indictment alleges that from January 2009 through May 2011, the defendants made, and instructed their employees to make, a series of misrepresentations to induce financially distressed homeowners looking for a federally-funded home loan modification to pay HOPE a $400-$900 up-front fee in exchange for HOPE’s home loan modifications, modification services and “software licenses.” According to the indictment, these misrepresentations included claims that homeowners were virtually guaranteed, with HOPE’s assistance, to receive a loan modification under the Home Affordable Modification Program (HAMP), which is part of TARP and is a federally-funded mortgage assistance program. Additional misrepresentations to homeowners included that HOPE was affiliated with the homeowner’s mortgage lender, that the homeowner had been approved for a home loan modification, that homeowners could stop making mortgage payments while they waited for HOPE to arrange their loan modification and that HOPE would refund the customer’s fee if the modification was not successful. HOPE also claimed that it operated as a non-profit organization.
In exchange for these up-front fees, HOPE allegedly sent its customers, including homeowners in Massachusetts, a do-it-yourself application package that was nearly identical to the application the U.S. government provides free of charge. HOPE instructed customers to fill out the application and submit it to their mortgage lender. According to the indictment, the HOPE customers who did use the provided forms to apply on their own for loan modifications had no advantage in the application process, and, in fact, most of their applications were denied. Through these misrepresentations, HOPE was able to persuade thousands of homeowners collectively to pay more than $3 million in fees to HOPE.
Godfrey and Fischer were charged with one count of conspiracy, nine counts of wire fraud, nine counts of mail fraud and one count of misuse of a government seal. Burris and Kelly were charged with one count of conspiracy, nine counts of wire fraud and nine counts of mail fraud. Each count of conspiracy and misuse of a government seal carries a maximum penalty of five years in prison and a $250,000 fine. Each count of mail and wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine. All of the defendants face possible orders of restitution.
An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty in a court of law.”
Wednesday, August 10, 2011
U.S. MARINE CORP SERGEANT PLEADS GUILTY IN MILITARY THEFT SCHEME
The following is an excerpt from the Department of Justice website:
“Wednesday, August 10, 2011
U.S. Marine Corps Gunnery Sergeant from South Carolina Pleads Guilty for Role in Scheme to Steal Military Equipment in Iraq
WASHINGTON – A U.S. Marine Corps (USMC) gunnery sergeant pleaded guilty today to conspiring to steal more than 70 electrical generators from two USMC bases in Iraq in 2008, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Bill Nettles for the District of South Carolina.
Eric Scott Hamilton, 40, of Pelzer, S.C., pleaded guilty before U.S. District Judge J. Michelle Childs in the District of South Carolina to a criminal information charging him with two counts of conspiracy to steal public property.
According to court documents, Hamilton was stationed from May to September 2008 at Camp Fallujah, Iraq, where he was in charge of a military storage yard containing electrical generators and other equipment for use by USMC units in Iraq. Hamilton admitted that while he was stationed at Camp Fallujah, he entered into a scheme with a USMC officer to facilitate the theft of electrical generators from the base by private Iraqi contractors. Hamilton admitted that he identified the generators to be stolen, painted markings on them to designate them for theft by Iraqi contractors, and facilitated access to the storage yard by the contractors’ trucks to load and remove the generators. Hamilton also entered into a separate scheme with a private Iraqi contractor to facilitate that contractor’s theft of electrical generators from the base. Both of these theft schemes continued after the USMC closed Camp Fallujah in approximately October 2008 and relocated personnel there to Camp Ramadi, Iraq. According to court documents, Hamilton was assigned at Camp Ramadi from October to December 2008.
In pleading guilty, Hamilton admitted that he received more than $124,000 in payments from the USMC officer and the Iraqi contractor in return for facilitating the theft of more than 70 generators from Camps Fallujah and Ramadi. Hamilton received the funds through cash payments in Iraq, checks issued to Hamilton’s wife in the United States by the USMC officer’s wife, and wire transfer payments to a bank account in the United States. Hamilton sent home approximately $43,000 of the cash he received from the thefts at Camp Fallujah by concealing it among American flags contained in foot lockers that he mailed from Iraq to his wife. The investigation into this case continues.
At sentencing, Hamilton faces maximum penalties of five years in prison, a $250,000 fine and three years of supervised release following a prison term. As part of his guilty plea, Hamilton has agreed to pay $124,944 in restitution to the United States. A sentencing date has not yet been set by the court.
This case is being prosecuted by Special Trial Attorney David H. Laufman of the Criminal Division’s Fraud Section, on detail from the Special Inspector General for Iraq Reconstruction (SIGIR), and by Assistant U.S. Attorney William C. Lucius from the U.S. Attorney’s Office for the District of South Carolina. The case is being investigated by SIGIR and the Defense Criminal Investigative Service."
“Wednesday, August 10, 2011
U.S. Marine Corps Gunnery Sergeant from South Carolina Pleads Guilty for Role in Scheme to Steal Military Equipment in Iraq
WASHINGTON – A U.S. Marine Corps (USMC) gunnery sergeant pleaded guilty today to conspiring to steal more than 70 electrical generators from two USMC bases in Iraq in 2008, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Bill Nettles for the District of South Carolina.
Eric Scott Hamilton, 40, of Pelzer, S.C., pleaded guilty before U.S. District Judge J. Michelle Childs in the District of South Carolina to a criminal information charging him with two counts of conspiracy to steal public property.
According to court documents, Hamilton was stationed from May to September 2008 at Camp Fallujah, Iraq, where he was in charge of a military storage yard containing electrical generators and other equipment for use by USMC units in Iraq. Hamilton admitted that while he was stationed at Camp Fallujah, he entered into a scheme with a USMC officer to facilitate the theft of electrical generators from the base by private Iraqi contractors. Hamilton admitted that he identified the generators to be stolen, painted markings on them to designate them for theft by Iraqi contractors, and facilitated access to the storage yard by the contractors’ trucks to load and remove the generators. Hamilton also entered into a separate scheme with a private Iraqi contractor to facilitate that contractor’s theft of electrical generators from the base. Both of these theft schemes continued after the USMC closed Camp Fallujah in approximately October 2008 and relocated personnel there to Camp Ramadi, Iraq. According to court documents, Hamilton was assigned at Camp Ramadi from October to December 2008.
In pleading guilty, Hamilton admitted that he received more than $124,000 in payments from the USMC officer and the Iraqi contractor in return for facilitating the theft of more than 70 generators from Camps Fallujah and Ramadi. Hamilton received the funds through cash payments in Iraq, checks issued to Hamilton’s wife in the United States by the USMC officer’s wife, and wire transfer payments to a bank account in the United States. Hamilton sent home approximately $43,000 of the cash he received from the thefts at Camp Fallujah by concealing it among American flags contained in foot lockers that he mailed from Iraq to his wife. The investigation into this case continues.
At sentencing, Hamilton faces maximum penalties of five years in prison, a $250,000 fine and three years of supervised release following a prison term. As part of his guilty plea, Hamilton has agreed to pay $124,944 in restitution to the United States. A sentencing date has not yet been set by the court.
This case is being prosecuted by Special Trial Attorney David H. Laufman of the Criminal Division’s Fraud Section, on detail from the Special Inspector General for Iraq Reconstruction (SIGIR), and by Assistant U.S. Attorney William C. Lucius from the U.S. Attorney’s Office for the District of South Carolina. The case is being investigated by SIGIR and the Defense Criminal Investigative Service."
MAN PLEADS GUILTY TO INTERNET CREDIT CARD SCHEME
The following case is an excerpt from the Department of Justice website:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, August 10, 2011
Brooklyn Man Pleads Guilty to Online Identity Theft Involving More Than $700,000 in Reported Fraud
Defendant Possessed Information from More Than 2,300 Credit Card Accounts
WASHINGTON – A Brooklyn, N.Y., man pleaded guilty today in U.S. District Court in Alexandria, Va., for his role in managing a credit card fraud operation that operated throughout the East Coast of the United States, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Neil H. MacBride of the Eastern District of Virginia.
Jonathan Oliveras, 26, pleaded guilty before U.S. District Judge Gerald Bruce Lee in the Eastern District of Virginia to a two-count criminal information charging him with wire fraud and aggravated identity theft. Oliveras admitted to managing a scheme to purchase stolen credit card account information through the Internet from individuals believed to be in Russia. Oliveras also admitted to distributing the purchased information to individuals in the New York, New Jersey and Washington, D.C., metropolitan areas so that it could be used to make fraudulent purchases.
In pleading guilty, Oliveras admitted to illegally possessing information from 2,341 stolen credit card accounts as well as equipment to put that information onto counterfeit credit cards. According to information presented in court, companies have reported to the government more than 4,400 fraudulent charges totaling $770,674 on accounts illegally possessed by Oliveras. Oliveras also possessed 409 gift, debit or credit cards used as part of the scheme, which had a total stored value of $42,688.
Sentencing for Oliveras is scheduled Oct. 28, 2011, at 9:00 a.m. EDT. He faces a maximum penalty of 20 years in prison and a fine of $1,541,349 on the wire fraud charge, and two years in prison and a $250,000 fine on the identity theft charge.
The case was investigated jointly by the Washington Field Offices of both the U.S. Secret Service and the FBI, with assistance from the New York and New Jersey Field Offices of both agencies.”
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, August 10, 2011
Brooklyn Man Pleads Guilty to Online Identity Theft Involving More Than $700,000 in Reported Fraud
Defendant Possessed Information from More Than 2,300 Credit Card Accounts
WASHINGTON – A Brooklyn, N.Y., man pleaded guilty today in U.S. District Court in Alexandria, Va., for his role in managing a credit card fraud operation that operated throughout the East Coast of the United States, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney Neil H. MacBride of the Eastern District of Virginia.
Jonathan Oliveras, 26, pleaded guilty before U.S. District Judge Gerald Bruce Lee in the Eastern District of Virginia to a two-count criminal information charging him with wire fraud and aggravated identity theft. Oliveras admitted to managing a scheme to purchase stolen credit card account information through the Internet from individuals believed to be in Russia. Oliveras also admitted to distributing the purchased information to individuals in the New York, New Jersey and Washington, D.C., metropolitan areas so that it could be used to make fraudulent purchases.
In pleading guilty, Oliveras admitted to illegally possessing information from 2,341 stolen credit card accounts as well as equipment to put that information onto counterfeit credit cards. According to information presented in court, companies have reported to the government more than 4,400 fraudulent charges totaling $770,674 on accounts illegally possessed by Oliveras. Oliveras also possessed 409 gift, debit or credit cards used as part of the scheme, which had a total stored value of $42,688.
Sentencing for Oliveras is scheduled Oct. 28, 2011, at 9:00 a.m. EDT. He faces a maximum penalty of 20 years in prison and a fine of $1,541,349 on the wire fraud charge, and two years in prison and a $250,000 fine on the identity theft charge.
The case was investigated jointly by the Washington Field Offices of both the U.S. Secret Service and the FBI, with assistance from the New York and New Jersey Field Offices of both agencies.”
Tuesday, August 9, 2011
DOJ BELIEVES IN ENVIRONMENTAL JUSTICE
The following is an excerpt from the Department of Justice website:
August 8th, 2011 Posted by Tracy Russo
All Americans deserve to be protected from environmental health hazards. That is why last week, the Justice Department, the Environmental Protection Agency (EPA) and the White House Council on Environmental Quality announced an agreement and signed a “Memorandum of Understanding on Environmental Justice and Executive Order 12898” (EJ MOU). As part of this agreement, federal agencies will develop environmental justice strategies and provide the public with annual progress reports on their efforts. These efforts will help protect the health of those living in communities overburdened by pollution so they can thrive.
Attorney General Holder highlighted the role this partnership will play in fighting for environmental justice stating:
“Today’s memorandum will reinforce the federal government’s commitment to the guiding principles of environmental justice – that the wealth, poverty, or race of any people should not determine the quality and health of the environment in which they live their lives. These are important steps to ensure that environmental justice is an integral part of our work.”
Environmental justice is a major priority of the Department of Justice and the EPA. Its goal is to provide all Americans – regardless of their race, ethnicity or income status – full protection under the nation’s environmental, civil rights, and health laws and to make sure that certain communities are not unfairly burdened with pollution, contaminated storm water, or toxic chemicals. Those who live in these environments face disproportionate health problems and greater obstacles to economic growth when their communities cannot attract businesses and new jobs.
The signing of the EJ MOU is the latest in a series of steps taken to elevate the environmental justice conversation and address the inequities that may be present in some communities. Last September, the reconvened Interagency Working Group on Environmental Justice (EJ IWG) met for the first time in more than a decade. In December, at the White House Environmental Justice Forum, Cabinet Secretaries and other senior Administration officials met with more than 100 environmental justice leaders from across the country to engage advocates on issues that are affecting their communities, including reducing air pollution, addressing health disparities, and capitalizing on emerging clean energy job opportunities. The EJ MOU reflects the dialogue, concerns and commitments made at the forum and other public events.
Executive Order 12898 “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” named federal agencies responsible for making environmental justice part of their mission and working with the other agencies on environmental justice issues as members of the EJIWG. This agreement furthers these responsibilities by broadening the reach of the working group to include participant agencies not originally named in the Executive Order.
The agreement also provides for areas of focus for federal agencies to consider as they prepare their environmental justice strategies and annual progress reports, including the impacts of climate change and commercial transportation and the implementation of the National Environmental Policy Act and Title VI of the Civil Rights Act of 1964. Finally, it emphasizes the need for public input into agencies’ environmental justice work.
The following agencies signed the EJ MOU: Environmental Protection Agency; White House Council on Environmental Quality; Department of Health and Human Services; Department of Justice; Department of Agriculture; Department of Commerce; Department of Defense; Department of Education; Department of Energy; Department of Homeland Security; Department of Housing and Urban Development; Department of Interior; Department of Labor; Department of Transportation; Department of Veterans Affairs; General Services Administration; and Small Business Administration.”
Thursday, August 4, 2011
MAN CONVICTED OF VIOLATING COPYWRITE LAW
The following is an excerpt from the Department of Justice website:
Department of Justice
FOR IMMEDIATE RELEASEThursday, July 28, 2011
Jury Convicts Member of Counterfeit DVD and CD Trafficking Group
WASHINGTON – Charles Ndhlovu was convicted today for his participation in a counterfeit DVD and CD ring, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Sally Quillian Yates for the Northern District of Georgia.
A federal jury in the Northern District of Georgia convicted Ndhlovu of one count of trafficking in counterfeit labels and three counts of criminal copyright infringement. Ndhlovu and his co-defendants were originally indicted in May 2009. Ndhlovu was charged with additional counts in a superseding indictment returned by a grand jury on May 20, 2011.
The jury returned its verdict today after three days of trial and six hours of deliberation. The evidence at trial established that other defendants named in the May 2009 indictment rented space at a warehouse on Metropolitan Parkway in Atlanta, where they “burned,” or copied DVDs and CDs and produced counterfeit labels and packaging. According to the evidence at trial, Ndhlovu purchased labels and blank digital media for use in manufacturing the infringing DVD and CD copies of copyrighted material and distributing them to retail outlets. The entire criminal enterprise was responsible for the distribution of illegal products that, if legitimate, would have been valued at more than $12 million.
The charges each carry a maximum sentence of five years in prison. In addition, the defendant faces a fine of up to $250,000 on each count. A sentencing hearing has not yet been scheduled.
The case was prosecuted by Assistant U.S. Attorney Brian Pearce in the Northern District of Georgia and Senior Counsel John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS). The case was investigated by the FBI and U.S. Immigration and Customs Enforcement of the Department of Homeland Security, together with the Atlanta Police Department Organized Crime Unit, Fulton County Sheriff’s Office, College Park Police Department, and East Point Police Department, with assistance from the Recording Industry Association of America.
Department of Justice
FOR IMMEDIATE RELEASEThursday, July 28, 2011
Jury Convicts Member of Counterfeit DVD and CD Trafficking Group
WASHINGTON – Charles Ndhlovu was convicted today for his participation in a counterfeit DVD and CD ring, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Sally Quillian Yates for the Northern District of Georgia.
A federal jury in the Northern District of Georgia convicted Ndhlovu of one count of trafficking in counterfeit labels and three counts of criminal copyright infringement. Ndhlovu and his co-defendants were originally indicted in May 2009. Ndhlovu was charged with additional counts in a superseding indictment returned by a grand jury on May 20, 2011.
The jury returned its verdict today after three days of trial and six hours of deliberation. The evidence at trial established that other defendants named in the May 2009 indictment rented space at a warehouse on Metropolitan Parkway in Atlanta, where they “burned,” or copied DVDs and CDs and produced counterfeit labels and packaging. According to the evidence at trial, Ndhlovu purchased labels and blank digital media for use in manufacturing the infringing DVD and CD copies of copyrighted material and distributing them to retail outlets. The entire criminal enterprise was responsible for the distribution of illegal products that, if legitimate, would have been valued at more than $12 million.
The charges each carry a maximum sentence of five years in prison. In addition, the defendant faces a fine of up to $250,000 on each count. A sentencing hearing has not yet been scheduled.
The case was prosecuted by Assistant U.S. Attorney Brian Pearce in the Northern District of Georgia and Senior Counsel John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS). The case was investigated by the FBI and U.S. Immigration and Customs Enforcement of the Department of Homeland Security, together with the Atlanta Police Department Organized Crime Unit, Fulton County Sheriff’s Office, College Park Police Department, and East Point Police Department, with assistance from the Recording Industry Association of America.
Wednesday, August 3, 2011
REFRIGERANT SMUGGLER IN MIAMI GETS 18 MONTHS IN PRISON
The following is an excerpt from an e-mail sent out by the Environmental Protection Agency:
WASHINGTON –Today, U.S. District Court Judge Adalberto Jordan sentenced Brendan Clery, 34, to 18 months in prison and ordered him to pay a $10,000 criminal fine and forfeit illegal proceeds in the amount of $935,240. Clery pleaded guilty in April 2011 to knowingly importing approximately 278,256 kilograms of illegal hydrochlorofluorocarbon - 22 (HCFC-22, also known as R-22) into the United States. HCFC-22 is an ozone-depleting substance regulated by EPA under the Clean Air Act (CAA). HCFC-22 depletes the ozone layer, resulting in increased ultraviolet radiation-B (UV-B) reaching the Earth’s surface, which in turn leads to a greater chance of overexposure to UV radiation and the risks of health effects, such as skin cancer, cataracts, and suppression of the immune system.
"EPA takes seriously the smuggling of illegal substances that can harm the ozone layer, which protects us from harmful UVB radiation that can cause skin cancer and cataracts,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentencing is an example of EPA’s commitment to aggressively enforce U.S. laws and meet our international obligations."
According to court records and statements, in 2005, Clery formed and served as president of Lateral Investments LLC, a corporation he established in Florida for the purpose of importing merchandise, including refrigerant gas he intended to sell illegally. Between June and August 2007, Clery illegally smuggled approximately 278,256 kilograms or 20,460 cylinders of restricted HCFC-22 from China, with a market value of $1,438,270, and at no time did Clery or Lateral Investments hold the consumption allowances required to legally import HCFC-22.
EPA established a schedule to phase out the production and importation of ozone-depleting substances, with a complete phaseout starting in 2030. To meet its obligations under the Montreal Protocol, an international treaty designed to protect the ozone layer, EPA issued baseline consumption allowances for the production and importation of HCFC-22 to individuals and companies. To legally import HCFC-22 for consumption, one must hold and expend one consumption allowance for each kilogram of HCFC-22 imported into the United States.
This case was part of a larger criminal investigation known as Operation Catch-22. It was investigated by the Environmental Protection Agency, U.S. Immigration and Customs Enforcement, and the Florida Department of Environmental Protection, Criminal Investigation Bureau, and prosecuted by special assistant U. S. Attorney Jodi A. Mazer."
WASHINGTON –Today, U.S. District Court Judge Adalberto Jordan sentenced Brendan Clery, 34, to 18 months in prison and ordered him to pay a $10,000 criminal fine and forfeit illegal proceeds in the amount of $935,240. Clery pleaded guilty in April 2011 to knowingly importing approximately 278,256 kilograms of illegal hydrochlorofluorocarbon - 22 (HCFC-22, also known as R-22) into the United States. HCFC-22 is an ozone-depleting substance regulated by EPA under the Clean Air Act (CAA). HCFC-22 depletes the ozone layer, resulting in increased ultraviolet radiation-B (UV-B) reaching the Earth’s surface, which in turn leads to a greater chance of overexposure to UV radiation and the risks of health effects, such as skin cancer, cataracts, and suppression of the immune system.
"EPA takes seriously the smuggling of illegal substances that can harm the ozone layer, which protects us from harmful UVB radiation that can cause skin cancer and cataracts,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentencing is an example of EPA’s commitment to aggressively enforce U.S. laws and meet our international obligations."
According to court records and statements, in 2005, Clery formed and served as president of Lateral Investments LLC, a corporation he established in Florida for the purpose of importing merchandise, including refrigerant gas he intended to sell illegally. Between June and August 2007, Clery illegally smuggled approximately 278,256 kilograms or 20,460 cylinders of restricted HCFC-22 from China, with a market value of $1,438,270, and at no time did Clery or Lateral Investments hold the consumption allowances required to legally import HCFC-22.
EPA established a schedule to phase out the production and importation of ozone-depleting substances, with a complete phaseout starting in 2030. To meet its obligations under the Montreal Protocol, an international treaty designed to protect the ozone layer, EPA issued baseline consumption allowances for the production and importation of HCFC-22 to individuals and companies. To legally import HCFC-22 for consumption, one must hold and expend one consumption allowance for each kilogram of HCFC-22 imported into the United States.
This case was part of a larger criminal investigation known as Operation Catch-22. It was investigated by the Environmental Protection Agency, U.S. Immigration and Customs Enforcement, and the Florida Department of Environmental Protection, Criminal Investigation Bureau, and prosecuted by special assistant U. S. Attorney Jodi A. Mazer."
Tuesday, August 2, 2011
MISSISSIPPI COUNTIES TO BE MONITORED FOR COMPLIANCE WITH THE VOTING RIGHTS ACT OF 1965
The following story is an excerpt from the U.S. Department of Justice website:
Department of Justice
Monday, August 1, 2011
Justice Department to Monitor Elections in Mississippi
WASHINGTON – The Justice Department announced today that it will monitor primary elections on Aug. 2, 2011, in Bolivar, Clay, Copiah, Humphreys, Jefferson Davis, Noxubee, Panola, Quitman, Sunflower, Tallahatchie and Wilkinson Counties in Mississippi to ensure compliance with the Voting Rights Act of 1965. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order. Federal observers will be assigned to monitor polling place activities in these 11 counties based on the attorney general’s certification. The observers will watch and record activities during voting hours at polling locations, and Civil Rights Division attorneys will coordinate the federal activities and maintain contact with local election officials.”
Department of Justice
Monday, August 1, 2011
Justice Department to Monitor Elections in Mississippi
WASHINGTON – The Justice Department announced today that it will monitor primary elections on Aug. 2, 2011, in Bolivar, Clay, Copiah, Humphreys, Jefferson Davis, Noxubee, Panola, Quitman, Sunflower, Tallahatchie and Wilkinson Counties in Mississippi to ensure compliance with the Voting Rights Act of 1965. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.
Under the Voting Rights Act, the Justice Department is authorized to ask the U.S. Office of Personnel Management (OPM) to send federal observers to jurisdictions that are certified by the attorney general or by a federal court order. Federal observers will be assigned to monitor polling place activities in these 11 counties based on the attorney general’s certification. The observers will watch and record activities during voting hours at polling locations, and Civil Rights Division attorneys will coordinate the federal activities and maintain contact with local election officials.”
Monday, August 1, 2011
U.S. ATTORNEY GENERAL SPEAKS ABOUT TRANSNATIONAL ORGANIZED CRIME STRATEGY
The following is an excerpt fromthe Department of Justice website:
Attorney General Eric Holder Speaks at the Announcement of the Transnational Organized Crime Strategy
Washington, D.C. ~ Monday, July 25, 2011
Thank you, John [Brennan]. It is a privilege to join with you – and with so many other key leaders and critical partners, as we unveil a cutting-edge, comprehensive strategy that will take our nation’s fight against transnational organized crime to the next level.
Of course, the problem of transnational organized crime networks isn’t new. But after a wide-ranging, year-long review – the first study of its kind in more than 15 years – our understanding of what exactly we’re up against has never been more complete or more clear. And our efforts to prevent and combat transnational organized crime have never been more urgent.
In recent years, the Justice Department has strengthened our fight against these criminal organizations – and expanded on our successful counter-narcotics work. By establishing the International Organized Crime Intelligence and Operations Center, or IOC-2, we’re now coordinating the efforts of nine federal law enforcement agencies in combating transnational organized crime networks. We’ve also tapped the leaders of these agencies to serve on the Attorney General’s Organized Crime Council. And, to bring additional resources to bear, we recently merged the organized crime and gang sections within the Department’s Criminal Division.
Each of these steps will help to advance the new strategy we’re announcing today. They also reflect the fact that addressing transnational organized crime is no longer just a law enforcement issue. It is a problem that demands the attention – and assistance – of a broad spectrum of partners.
With this new strategy, leaders across government and law enforcement are signaling our commitment to combat transnational organized crime by sharing information and expertise as never before, by paving the way for broad international cooperation, and by developing the legislative solutions we need to address 21st-century threats. One of the centerpieces of this strategy is a series of legislative proposals designed to enhance the tools that the Justice Department– and our law enforcement partners – can bring to bear in the fight against transnational organized crime. These proposals would help to ensure that our statutory landscape is up to date, and that prosecutors and investigators have the capacity to keep pace with the unprecedented threats posed by criminal enterprises that target the United States – including those that operate beyond our borders.
These essential legislative updates would improve our ability to break the financial backbone of criminal organizations by extending the reach of anti-money laundering provisions. They also would enhance our ability to identify and respond to the most common, and often evolving, tactics – and methods of communication – that criminal organizations use to conceal their illicit operations and profits – which, too often, are used to bankroll drug trafficking and even terrorist activity.
By modernizing current racketeering laws and expanding their reach to cover new forms of crimes, we will enhance our ability to advance cases against transnational organized crime groups that engage in diverse criminal activities, including illegal weapons trafficking, health-care and securities fraud, and violations of the Foreign Corrupt Practices Act. And because we know that many of these organizations have long been involved in counterfeiting, the White House Office of the U.S. Intellectual Property Enforcement Coordinator has developed a series of proposals that seek to address the most egregious intellectual property crimes committed by criminal enterprises – including illegal activities that threaten our nation’s infrastructure, and the health and safety of our fellow citizens.
I have every confidence that the implementation of this new strategy – and the advancement of our legislative proposals – will strengthen cooperation among relevant authorities, advance our fight against organized crime networks – no matter where they operate – and allow us to build on the record of progress that has been achieved in recent years.
Once again, I’d like to thank my colleagues across the Administration for their commitment to the goals and responsibilities that we share. I look forward to working with them – and with leaders in Congress – to ensure that prosecutors and investigators have access to the tools that they need to protect the American people.
I am grateful to count each of you as partners. I am proud to stand with you. And I look forward to what we will accomplish together in the critical days ahead."
Attorney General Eric Holder Speaks at the Announcement of the Transnational Organized Crime Strategy
Washington, D.C. ~ Monday, July 25, 2011
Thank you, John [Brennan]. It is a privilege to join with you – and with so many other key leaders and critical partners, as we unveil a cutting-edge, comprehensive strategy that will take our nation’s fight against transnational organized crime to the next level.
Of course, the problem of transnational organized crime networks isn’t new. But after a wide-ranging, year-long review – the first study of its kind in more than 15 years – our understanding of what exactly we’re up against has never been more complete or more clear. And our efforts to prevent and combat transnational organized crime have never been more urgent.
In recent years, the Justice Department has strengthened our fight against these criminal organizations – and expanded on our successful counter-narcotics work. By establishing the International Organized Crime Intelligence and Operations Center, or IOC-2, we’re now coordinating the efforts of nine federal law enforcement agencies in combating transnational organized crime networks. We’ve also tapped the leaders of these agencies to serve on the Attorney General’s Organized Crime Council. And, to bring additional resources to bear, we recently merged the organized crime and gang sections within the Department’s Criminal Division.
Each of these steps will help to advance the new strategy we’re announcing today. They also reflect the fact that addressing transnational organized crime is no longer just a law enforcement issue. It is a problem that demands the attention – and assistance – of a broad spectrum of partners.
With this new strategy, leaders across government and law enforcement are signaling our commitment to combat transnational organized crime by sharing information and expertise as never before, by paving the way for broad international cooperation, and by developing the legislative solutions we need to address 21st-century threats. One of the centerpieces of this strategy is a series of legislative proposals designed to enhance the tools that the Justice Department– and our law enforcement partners – can bring to bear in the fight against transnational organized crime. These proposals would help to ensure that our statutory landscape is up to date, and that prosecutors and investigators have the capacity to keep pace with the unprecedented threats posed by criminal enterprises that target the United States – including those that operate beyond our borders.
These essential legislative updates would improve our ability to break the financial backbone of criminal organizations by extending the reach of anti-money laundering provisions. They also would enhance our ability to identify and respond to the most common, and often evolving, tactics – and methods of communication – that criminal organizations use to conceal their illicit operations and profits – which, too often, are used to bankroll drug trafficking and even terrorist activity.
By modernizing current racketeering laws and expanding their reach to cover new forms of crimes, we will enhance our ability to advance cases against transnational organized crime groups that engage in diverse criminal activities, including illegal weapons trafficking, health-care and securities fraud, and violations of the Foreign Corrupt Practices Act. And because we know that many of these organizations have long been involved in counterfeiting, the White House Office of the U.S. Intellectual Property Enforcement Coordinator has developed a series of proposals that seek to address the most egregious intellectual property crimes committed by criminal enterprises – including illegal activities that threaten our nation’s infrastructure, and the health and safety of our fellow citizens.
I have every confidence that the implementation of this new strategy – and the advancement of our legislative proposals – will strengthen cooperation among relevant authorities, advance our fight against organized crime networks – no matter where they operate – and allow us to build on the record of progress that has been achieved in recent years.
Once again, I’d like to thank my colleagues across the Administration for their commitment to the goals and responsibilities that we share. I look forward to working with them – and with leaders in Congress – to ensure that prosecutors and investigators have access to the tools that they need to protect the American people.
I am grateful to count each of you as partners. I am proud to stand with you. And I look forward to what we will accomplish together in the critical days ahead."
Subscribe to:
Posts (Atom)