Security News in Brief: Northumberland County Man Sentenced For Violating Toxic Substance Control Act

Source: United States Department of Justice News

WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 31, 2022, Dennis Morgan, age 75, of Northumberland County, Pennsylvania, was sentenced to one year of probation by Magistrate Judge William I. Arbuckle for a violation of the Toxic Substances Control Act. 

According to United States Attorney John C. Gurganus, Morgan failed to provide a lead hazard pamphlet as required by the Code of Federal Regulations in violation of the Toxic Substances Control Act to lessees of a property that he owned in Sunbury, Pennsylvania, who resided there from August 2018 to October 2019.  The residence was found to contain excessive lead hazards.  A child living at the residence during that time was found to have elevated blood levels of lead in his body. 

At the sentencing hearing, Dr. Kristen Keteles, a toxicologist employed by the Environmental Protection Agency (“EPA”), testified to why children are vulnerable to lead poisoning and the dangers that elevated lead levels pose to their healthy development.

“The defendant’s lack of responsibility to properly inform his tenants of the hazards of lead resulted in a child with elevated blood lead levels,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Pennsylvania.  “Elevated blood levels can cause developmental problems in children. EPA is committed to protecting the health of our communities and our children, and to holding responsible parties accountable.”

The investigation was conducted by agents of the Environmental Protection Agency.  Assistant United States Attorney Alisan V. Martin and EPA Special Assistant United States Attorney Patricia C. Miller prosecuted the case.

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Security News in Brief: Antitrust Division Updates Its Leniency Policy and Issues Revised Plain Language Answers to Frequently Asked Questions

Source: United States Department of Justice News

The Justice Department’s Antitrust Division today announced updates to its Leniency Policy and issued a revised set of frequently asked questions (FAQs). The Antitrust Division also launched a new dedicated email address to make it easier for companies and individuals to apply for leniency. These changes reaffirm the Antitrust Division’s commitment to transparency, predictability and accessibility in criminal enforcement.

The Antitrust Division Leniency Policy allows the first individual or company to self-report its involvement in an antitrust cartel to avoid prosecution if it cooperates with the Division’s investigation and prosecutions, and meets other conditions. The updated policy announced today now also requires that a corporate applicant promptly self-report after discovering its wrongful conduct and undertake remedial measures to prevent reoffending.

“It’s important for the rules of the road to be clear so the business community knows what to expect and appreciates the costs of losing the race for leniency,” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “Corporate boards and executives, and the counsel advising them, should understand that sitting on their hands after detecting an antitrust crime will have real ramifications — losing out on leniency means severe consequences.”

As part of the updates, the Leniency Policy was centralized in the Antitrust Division’s chapter of the Justice Manual, 7-3.000 – Criminal Enforcement | JM | Department of Justice. The revised FAQs, available at Leniency Program (justice.gov), include nearly 50 new questions and answers about the Division’s practices concerning leniency. They are written in plain language and provide guidance to outside and in-house counsel, and businesspeople in all sectors of the economy and at all levels of sophistication.

Anyone seeking to apply for leniency should contact the Division at antitrust.leniency@usdoj.gov or 202-307-0719.

Security News in Brief: Justice Department Alleges Disability Discrimination in Amended Lawsuit Concerning Design and Construction of Multifamily Housing in Hawaii

Source: United States Department of Justice News

The Justice Department filed an amended complaint today in the U.S. District Court for the District of Hawaii, alleging that 14 entities designed and constructed five condominium and apartment complexes in Hawaii without accessible features required by the Fair Housing Act. Two of the properties — Kahului Town Terrace, in Kahului, Maui; and Palehua Terrace, in Kapolei, Oahu — were built with financial assistance from the federal government’s Low-Income Housing Tax Credit program. The other three properties are Napilihau Villages and Napili Villas, in Lahaina, Maui; and Wailea Fairway Villas, in Kihei, Maui.

The government’s original complaint named the general contractor for all five properties and the architects of four of the properties. The amended complaint adds the following defendants, alleging that each contributed to the Fair Housing Act violations: Stanford Carr Development LLC; SCD Wailea Fairways LLC; Sato & Associates Inc.; Ronald M. Fukumoto Engineering Inc.; Rojac Construction Inc.; Delta Construction Corp.; Warren S. Unemori Engineering Inc.; and GYA Architects Inc.

“Companies behind the mass development of condominiums, apartment complexes and other forms of multifamily housing must ensure that these properties are designed and built to be accessible to people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Federal accessibility rules have been in place for more than three decades, and we will hold accountable developers, architects, contractors and other entities that fail to comply with these legal obligations.”

The amended complaint alleges the same accessibility violations as the original complaint. For example, many covered units are inaccessible to persons using wheelchairs because the routes to the entrances include stairs or steep slopes; many routes to public and common areas are inaccessible because of missing sidewalks, missing curb ramps or steep slopes; and many units have inaccessible hardware at entry doors, interior doors that are too narrow and insufficient space in kitchens and bathrooms to maneuver in a wheelchair. The requested relief includes a court order requiring the defendants to retrofit the five properties to bring them into compliance with the Fair Housing Act, as well as monetary damages to compensate victims.

Individuals who may have been affected by the lack of accessibility at these properties should call the Civil Rights Division’s Housing Discrimination Hotline at 1-833-591-0291, press 1 for English, press 6 for this case, and leave a message, or send an email to fairhousing@usdoj.gov.

The federal Fair Housing Act prohibits discrimination in housing on the basis of disability, race, color, religion, sex, familial status and national origin. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at fairhousing@usdoj.gov, or submit a report online at https://civilrights.justice.gov/. Individuals may also contact the Department of Housing and Urban Development at 1-800-669-9777, or online at https://www.hud.gov/program_offices/fair_housing_equal_opp.

Security News in Brief: Cleveland Man Found Guilty of Possession of Firearms and Ammunition as a Felon

Source: United States Department of Justice News

Acting U.S. Attorney Michelle M. Baeppler announced that a federal jury convicted Defendant Stephon Cunningham, 43, of Cleveland, Ohio, of being a felon in possession of a firearm and ammunition following a five-day trial before U.S. District Judge Christopher A. Boyko in Cleveland.

According to court documents, on June 1, 2019, Cleveland Police responded to a call regarding a male carrying two firearms.  Police officers arrived at the scene, searched the area, and obtained two handguns, a Hi-Point 9mm caliber semi-automatic pistol, and a Smith & Wesson 9mm semi-automatic pistol, hidden underneath a tire in the backyard of a residence.  Officers then interviewed witnesses who confirmed that they saw Cunningham exit a vehicle while holding both weapons.  Witnesses told officers that Cunningham then walked into a backyard only to later returned without possession of the firearms.

Officers learned that both firearms were reported as stolen, and Cunningham was arrested.  Cunningham’s DNA was later recovered from one of the weapons.  Cunningham is prohibited from possessing a firearm due to previous convictions of drug trafficking and drug possession in the Cuyahoga County Common Pleas Court.

Cunningham is scheduled to be sentenced on July 26, 2022.  He faces a maximum possible sentence of ten years in prison.

This investigation was conducted by the ATF and Cleveland Police Department.  This case is being prosecuted by Assistant U.S. Attorneys Elizabeth M. Crook and Margaret A. Kane.

Security News in Brief: $90 Million Yacht of Sanctioned Russian Oligarch Viktor Vekselberg Seized by Spain at Request of United States

Source: United States Department of Justice News

Note: Footage of the seizure is available here. View the statement from the Attorney General on today’s seizure here.

Spanish law enforcement today executed a Spanish court order freezing the Motor Yacht (M/Y) Tango (the Tango), a 255-foot luxury yacht owned by sanctioned Russian oligarch Viktor Vekselberg. Spanish authorities acted pursuant to a request from the U.S. Department of Justice for assistance following the issuance of a seizure warrant, filed in the U.S. District Court for the District of Columbia, which alleged that the Tango was subject to forfeiture based on violation of U.S. bank fraud, money laundering, and sanction statutes. Separately, seizure warrants obtained in the U.S. District Court for the District of Columbia target approximately $625,000 associated with sanctioned parties held at nine U.S. financial institutions. Those seizures are based on sanctions violations by several Russian specially designated nationals.

According to documents filed in this case, the U.S. investigation alleges that Vekselberg bought the Tango in 2011 and has owned it continuously since that time. It further alleges that Vekselberg used shell companies to obfuscate his interest in the Tango to avoid bank oversight into U.S. dollar transactions related thereto. Additionally, after Vekselberg was sanctioned by the U.S. Treasury Department on April 6, 2018, the warrant alleges that Vekselberg and those working on his behalf continued to make U.S. dollar payments through U.S. banks for the support and maintenance of the Tango and its owners, including a payment for a December 2020 stay at a luxury water villa resort in the Maldives and mooring fees for the yacht. Vekselberg had an interest in these payments and therefore a license was required from the Treasury Department, which was not obtained.

“Today marks our taskforce’s first seizure of an asset belonging to a sanctioned individual with close ties to the Russian regime. It will not be the last,” said Attorney General Merrick B. Garland. “Together, with our international partners, we will do everything possible to hold accountable any individual whose criminal acts enable the Russian government to continue its unjust war.”

“Today’s action makes clear that corrupt Russian oligarchs cannot evade sanctions to live a life of luxury as innocent Ukrainians are suffering,” said Deputy Attorney General Lisa O. Monaco. “Today the Department of Justice delivers on our commitment to hold accountable those whose criminal activity strengthens the Russian government as it continues to wage its unjust war in Ukraine. That commitment is one we are not finished honoring.”

“Today we announce another example of the FBI using our worldwide presence and partnerships, as well as our expertise and experience, to track and seize illicit money and assets, to counter threats to our safety and national security,” said FBI Director Christopher Wray. “We will continue to use every lawful tool to go after designated Russian oligarchs’ assets – however and wherever they hide them.”

The seizure was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2 and run out of the Office of the Deputy Attorney General, the task force will leverage all the Department’s tools and authorities against efforts to evade or undermine the economic actions taken by the U.S. government in response to Russian military aggression.

“The seizure of this luxury yacht demonstrates our determination to hold accountable those who support Vladimir Putin’s unwarranted invasion of another sovereign nation,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will continue to use every tool to enforce the sanctions aimed at Putin’s regime and the oligarchs who support it.  Working with our federal and international partners, we will be unflagging in our efforts to bring to justice those who violate these sanctions, and to seize assets where appropriate and lawful.”

“Today’s seizure of Viktor Vekselberg’s yacht, the Tango, in Spain is the result of an unprecedented multinational effort to enforce U.S. sanctions targeting those elites who have enabled Russia’s unprovoked and illegal invasion of Ukraine,” said Director Andrew Adams of Task Force KleptoCapture. “For those who have tied their fortunes to a brutal and lawless regime, today’s action is a message that those nations dedicated to the rule of law are equally dedicated to separating the oligarchs from their tainted luxuries. This seizure is only the beginning of the Task Force’s work in this global effort to punish those who have and continue to support tyranny for financial gain.”

“The FBI will continue to work with its partners to protect the integrity of the banking system and support the enforcement of sanctions programs,” said Special Agent in Charge Michael F. Paul of the FBI’s Minneapolis Field Office. “FBI agents and analysts, regardless of where they are assigned around the world, will work tirelessly to ensure those who attempt to evade sanctions are held accountable.”

“The Russian invasion of Ukraine was an unprovoked act of aggression that has targeted the lives and well-being of millions of people and threatened international security,” said Acting Special Agent in Charge Ricky J. Patel of Homeland Security Investigations (HSI) New York.  “For decades, the Putin regime has been supported by a group of Russian oligarchs that abused their power for private gain to amass untold riches. As DHS’s investigative arm, HSI stands at the forefront of combatting global networks that seek to violate U.S. law and exploit our nation’s financial systems.  Working with our partners at the U.S. Department of Justice and the FBI, we will hold Putin’s oligarchs accountable and deny them the lavish lifestyles they cherish.”

Upon receipt of a request from the United States pursuant to a bi-lateral treaty for mutual legal assistance in criminal matters, the Spanish central authority for mutual legal assistance forwarded the request to a Spanish prosecutor, who obtained a freezing order from a Spanish court. The order was executed by Spain’s Guardia Civil on April 4.

The Tango, International Maritime Organization number 1010703, is believed to be worth approximately $90 million or more. The yacht is now in Mallorca.

The burden to prove forfeitability in a forfeiture proceeding is upon the government.

The matter of the Tango is being investigated by the FBI’s Minneapolis Field Office with assistance from the HSI New York Field Office.

Assistant U.S. Attorney Karen P. Seifert for the District of Columbia and Paralegal Brian Rickers and Legal Assistant Jessica McCormick for the District of Columbia are handling the seizure. The Justice Department’s Office of International Affairs provided significant assistance in working with the Spanish authorities, as well as the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS).