Security News: Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division Delivers Keynote at INTERPOL’s 25th Annual Pollution Crime Working Group Meeting

Source: United States Department of Justice News

Remarks as Prepared

Thank you for that very kind introduction, Federica. And greetings to everyone joining the proceedings today. It’s my great pleasure to be part of a robust and fascinating agenda.

As just mentioned, my name is Todd Kim, and I have the great privilege of leading the U.S. Department of Justice’s Environment and Natural Resources Division (ENRD).

We are sometimes called the “world’s largest environmental law firm,” with over 600 employees, including more than 400 attorneys. The division has a busy docket, roughly split between affirmative civil and criminal enforcement on one hand and defensive cases on the other. These cases arise under approximately 150 federal environmental and natural resource laws — laws like the Clean Air Act, Clean Water Act, the Superfund cleanup law, the Lacey Act and laws governing the management of public lands and resources held in trust for Indian tribes. Our attorneys deal with a remarkable breadth of issues, statutes, federal agencies, and federal agency actions, all across the country. You are probably familiar with some of our work, like the BP/Deepwater Horizon case, the Volkswagen defeat device case and the Princess Cruise Lines prosecution.

Within ENRD, our Environmental Crimes Section is made up of 36 federal criminal prosecutors dedicated strictly to criminal enforcement work. They bring criminal actions under the pollution control laws; laws protecting wildlife, animal welfare and natural resources; and occupational safety and health laws that protect worker safety.

I want to take just a moment to recognize two of the leaders of that Section who have also done a fabulous job representing ENRD and the department here at INTERPOL. Deborah Harris is the Chief of the Environmental Crimes Section, and for the last five years she has been the Vice Chair of the Environmental Compliance and Enforcement Committee Advisory Board. And you all are well-acquainted with Joe Poux, Deputy Chief of our Crimes Section and for the past five years the chair of this working group.

Vigorous and robust enforcement is necessary to ensure that we are able to detect, deter and disrupt environmental crime and thereby protect the public health and the environment, as well as create a level playing field for businesses that obey the law. I would like to stress for this group that enforcement of the criminal provisions of the environmental laws is a priority for me, including in the areas of pollution and waste crime.   

I am a firm believer that vigorous criminal enforcement is critical to the proper functioning of the overall enforcement scheme under the environmental statutes. Criminal prosecutions are an indispensable and powerful deterrent to illegal behavior. They are the pointy end of the spear. In U.S. environmental law – where enforcement options commonly range from administrative action by government agencies, to civil enforcement in court, to criminal prosecution – a genuine threat of criminal prosecution can and will change the conduct of individuals and corporations who would not be deterred by the threat of administrative or civil enforcement alone.

A commitment to criminal enforcement also expresses our values as a society in trying to protect human health and the environment from illegal pollution and waste disposal. Criminal enforcement tells the public and would-be violators that these acts that harm the environment, public health or place workers in peril are serious and that violations of these environmental and safety laws are worthy of our attention and resources to redress. Where such harmful actions are at issue, criminal prosecution is an appropriate response to the most egregious and harmful conduct.

We are clear-eyed about the many challenges enforcement authorities face in bringing pollution crime prosecutions. As we have seen, pollution and waste crime are frequently transnational offenses that demand the law enforcement agencies from different countries work together to develop strategies to address such crimes and the ever-more-sophisticated techniques of the criminal groups committing them. We are combating organized criminal groups who are familiar with enforcement gaps and know how to exploit them. We are seeing elaborate schemes of fraud, money laundering and other financial crimes accompany the environmental violations. We are also seeing a rise in the involvement of organized criminal organizations—for example, in the illicit trade of hazardous waste. And this is all happening on a global stage – heedless of borders and boundaries.

Naturally then, effective law enforcement in this space requires robust transnational collaboration, cooperation, and communication among and between national law enforcement and relevant intergovernmental bodies such as INTERPOL. It also entails aggressively investigating and appropriately charging crimes of fraud, conspiracy, financial crimes and obstruction of justice when committed alongside the environmental violation.  I can assure you that the Department and our prosecutors in ENRD are committed to these best practices.

I see on today’s agenda that you will be discussing the results of the Pollution Crime Working Group’s Operation 30 Days at Sea 3.0, which wonderfully embodies so many of these concepts.  First and foremost, the participation of 300 law enforcement bodies and agencies from 67 countries is truly impressive and an encouraging example of international cooperation. These numbers are even more impressive considering that the operation took place in the midst of the global pandemic.

And clearly that degree of cooperation produced results, with more than 38,000 inspections uncovering 5,607 offenses in just over a year. But while the breadth of the operation is cause for congratulations, it also reflects the breadth of the problem of marine pollution, as we see illegal discharges and other violations from sea-based vessels and other offshore facilities; from land-based sources affecting coastal and river environments; and waste trafficking coming through our ports.

For someone in my position overseeing a team of prosecutors, the report was also encouraging in showing that, of the cases where details were available, over nine hundred resulted in law enforcement actions, which included arrests, seizures and fines. The report demonstrates that the Pollution Crime Working Groups is truly operational and not just a “talking shop.”

In fact, I can attest to the practical value of these operations. The first PCWG operation, Operation 30 Days of Action in 2018, sparked what has become a substantial enforcement initiative to interdict illegal pesticides smuggled into the United States from Mexico, mainly for the purposes of growing marijuana. Working together with our federal partners at the Environmental Protection Agency and Homeland Security Investigations, ENRD and the U.S. Attorney’s Office for the Southern District of California have charged more than 50 defendants, obtained many felony and misdemeanor pleas and convictions, and seized substantial quantities of these pesticides that are banned for sale and distribution in the United States. That initiative continues to this day.

The report also highlights the role of corporate actors, especially in the area of vessel pollution, where the report concludes that “companies continue to be the main suspect in cases of marine pollution-related crime.”  This finding is especially interesting in connection with the report’s finding that the great majority of offenses were either deliberate (37%) or the result of negligence (34%).

During last year’s operation, the U.S. Coast Guard caught two different ships that had illegally discharged bilge waste overboard in violation of MARPOL. They also presented the Coast Guard with falsified records indicating that they had been managing their bilge waste properly. Both cases were referred to the Crimes Section and both the vessel operator as well as the responsible ship’s officers are being criminally prosecuted.

Finally, I think it’s worth noting that this most recent 30 Days at Sea operation continued to demonstrate the trend, and re-confirmed, that the crime of marine pollution is rarely isolated or limited to violating environmental laws on water pollution. Rather, it often converges with two different categories of crime.  First, it may be associated with other types of environmental violations, such as illegal fishing, illegal mining, or pollution of other media. Second, and this is more common, marine pollution crimes often are committed alongside other serious offenses such as document fraud, financial crime, corruption or even violent offenses.

INTERPOL and the Pollution Crime Working Group should be commended for this excellent report and such a productive operation. There is much to learn from the report’s findings and the department will continue to support the objectives of this operation.

I want to conclude by highlighting two top priorities of the Biden Administration with a critical nexus to the effective enforcement of pollution control laws:  tackling the climate crisis and promoting environmental justice. At its core, enforcement seeks to ensure that certain public values are achieved, and that public goods — indeed, the public’s health — are protected. Nowhere is that more true than for enforcement efforts that mitigate climate impacts and strive to secure environmental justice.

Through Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad,” President Biden called on all U.S. government agencies to “hold polluters accountable for their actions,” and to “combat the climate crisis with bold, progressive action.”

Many of the enforcement cases handled by the division figure directly into these objectives. For example:

  • Cases directly enforcing against violations of regulations of emissions of greenhouse gases;
  • Cases that help protect carbon sinks, such as illegal logging prosecutions or vessel pollution cases that protect the ocean as a resource; and
  • Cases that protect the integrity of renewable energy programs by pursuing fraud and similar violations that undermine those programs.

I wanted to highlight a new category of enforcement work that offers promise for further reducing greenhouse gas emissions, specifically hydrofluorocarbons or HFCs, an especially potent greenhouse gas used in things like refrigerators, air conditioners and foams. Last September, the Environmental Protection Agency issued a regulation creating a landmark climate protection program that will phase down the production and consumption of HFCs by 85% below baseline levels within the next 15 years. Together with this regulatory phasedown program, the Administration has announced plans to enhance enforcement to prevent the illegal trade, production, use and sale of HFCs. An interagency task force led by EPA and the Department of Homeland Security has been established and special emphasis will be placed on enforcing import restrictions to stanch the illegal trade in these substances. ENRD will be working with its law enforcement partners at EPA and DHS to support the development and prosecution of cases developed by these agencies.

The European Union, of course, has been vigorously combating this illicit trade since it began an HFC phaseout in 2015. Like the EU, the United States wants to ensure that the illegal trade doesn’t undermine the climate benefits of the phaseout and doesn’t disadvantage companies that comply with the new requirements and invest in substitutes for HFCs. We look forward to the possibility that our enforcement efforts in the US can gain from the lessons learned from the experience in the EU and other regions.

ENRD also is focused intensely on achieving the objectives for environmental justice that are a central feature of Executive Order 14008. I know this isn’t a globally-recognized term, but for our purposes the U.S. Environmental Protection Agency has defined environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” 

President Biden’s Executive Order tasks the department to coordinate with EPA and our other agency partners to develop “a comprehensive environmental justice enforcement strategy . . . to provide timely remedies for systemic environmental violations and contaminations, and injury to natural resources.”  Development of that strategy is underway, and is something that those subject to the environmental laws, and especially the pollution control laws, will want to consider upon its release.

But we are not waiting for that. My division is cognizant that there are communities, including communities of color and low-income communities, that are disproportionately burdened by illegal pollution, environmental hazards and harms, and that have struggled to get their concerns about violations addressed. We are working hard to remedy this situation. To the extent a defendant violates either civil or criminal law in a manner that implicates environmental justice or the climate crisis, my division is paying particular attention to these issues.

Thank you for the opportunity to address you this morning and to share some of my thoughts on these important issues. I wish you a productive session the rest of the day.

Administrator Carnahan Joins Texas Officials, U.S. District Courts for San Antonio Federal Courthouse Dedication

Source: United States General Services Administration

April 20, 2022

This GSA project was completed on time and under budget

SAN ANTONIO — Today, Administrator Robin Carnahan of the U.S. General Services Administration (GSA), U.S. Senator John Cornyn, Congressman Henry Cuellar, Bexar County Judge Nelson Wolff, San Antonio Mayor Ron Nirenberg, and officials from the U.S. District Courts for the Western District of Texas convened for a dedication of the U.S. Courthouse in historic downtown San Antonio.

“This courthouse represents years of hard work, dedication, and partnership to deliver a state of the art, high-performance facility for our judicial branch and a cultural landmark for the community,” said GSA Administrator Robin Carnahan. “This is a great example of why smart investments in our nation’s infrastructure are so important right now. In the coming years, Texas can expect to see more of these once in a generation investments from the Bipartisan Infrastructure Law.”

“Getting this courthouse off the ground was years in the making and to see those efforts now come full circle as they open their doors today is fulfilling,” said U.S. Senator John Cornyn. “A new legacy of safety, community, and justice is on the horizon for the people of San Antonio.”

“I am very excited that the new federal courthouse is completed, with the support of federal funding from the Congressional appropriations process. The new courthouse will serve the community as a safe space free from water quality, air quality, space, safety and security issues that plagued the previous building. This courthouse will transform the community and allow the Western District of Texas to meet growing jurisdictional demand,” said Congressman Cuellar, a senior member of the House Appropriations Committee. “I would like to thank the General Services Administration, and especially Senator Cornyn, for helping me to secure the necessary funding. I would also like to thank U.S. Western District Judge of Texas Rodriguez and Chief Judge Garcia for their due diligence on making this new courthouse a reality.”

“This new facility designed by Lake Flato and built by Brasfield & Gorrie provides much needed security and environmental enhancements to court operations, while still retaining architectural elements from our two previous locations- the Wood Courthouse and the Hipolito Garcia Building,” said Judge Xavier Rodriguez. “The architects and contractor did a wonderful job of constructing a modern building that possesses abstract art pieces that reference the scales of justice, while incorporating elements of the court’s historic past that began in 1846.”

The U.S. District Courts and supporting court related agencies were previously housed in the John H. Wood, Jr. U.S. Courthouse in downtown San Antonio, Texas. The historic facility was originally constructed as the U.S. Pavilion for the 1968 World’s Fair and later, in 1974, was renovated to house court functions. Throughout the years, the court’s space needs grew making it necessary to expand. The new courthouse provides for the consolidation of court functions into one facility for improved efficiencies and includes updated U.S. Courts Design Guide and security requirements. Additionally, the new courthouse stands as a beautiful government landmark to serve the American people for generations to come.

General Information:

  • The new U.S. Courthouse is located at 262 W. Nueva Street, San Antonio, Texas 78207
  • The facility has 8 courtrooms (5 District, 2 Magistrate, and 1 Special Proceedings) and 13 chambers (8 District, 3 Magistrate and 2 Court of Appeals).
  • Tenants include the U.S District Courts, U.S. Clerk of the Court for the Western District of Texas, U.S. Magistrate Courts, U.S. Probation and Pretrial Services, Federal Public Defender, U.S. Court of Appeals, U.S. Marshals, U.S. Attorneys and GSA.

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About GSA: GSA provides centralized procurement for the federal government, managing a nationwide real estate portfolio of nearly 370 million rentable square feet and overseeing approximately $75 billion in annual contracts. GSA’s mission is to deliver value and savings in real estate, acquisition, technology, and other mission-support services across government, in support of the Biden-Harris Administration’s priorities. For more information, visit GSA.gov and follow us at @USGSA.

Security News: Justice Department Finds Conditions at Mississippi State Penitentiary Violate the Constitution

Source: United States Department of Justice News

The Justice Department concluded today, based upon a thorough investigation, that there is reasonable cause to believe that conditions and practices at the Mississippi State Penitentiary (also known as Parchman) violate the Eighth and Fourteenth Amendments to the U.S. Constitution. Assistant Attorney General Kristen Clarke of the Civil Rights Division, U.S. Attorney Clay Joyner for the Northern District of Mississippi and U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi made the announcement.

Specifically, the department concluded that there is reasonable cause to believe Mississippi routinely violates the constitutional rights of people incarcerated at Parchman by:

  • failing to provide adequate mental health treatment to people with serious mental health needs;
  • failing to take sufficient suicide prevention measures to protect people at risk of self-harm;
  • subjecting people to prolonged isolation in solitary confinement in egregious conditions that place their physical and mental health at substantial risk of serious harm; and
  • failing to protect incarcerated people from violence at the hands of other incarcerated people.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the Justice Department provided the state of Mississippi with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them in a comprehensive 59-page findings letter.  

“The Constitution guarantees that all people incarcerated in jails and prisons are treated humanely, that reasonable measures are taken to keep them safe, and that they receive necessary mental health care, treatment, and services to address their needs,” said Assistant Attorney General Clarke. “Our investigation uncovered evidence of systemic violations that have generated a violent and unsafe environment for people incarcerated at Parchman. We are committed to taking action that will ensure the safety of all people held at Parchman and other state prison facilities. We look forward to working with state officials to institute comprehensive reforms.”

“Prisons have a constitutional obligation to keep safe the incarcerated persons who depend on them for their basic needs,” said U.S. Attorney Joyner. “Mississippi violated the rights of persons incarcerated at Parchman by failing to keep them safe from physical violence and for failing to provide constitutionally adequate mental health care and that people confined to Parchman experience serious physical and psychological harm as a result. Our office is dedicated to defending the civil rights of all our district’s residents, including those who are incarcerated. We look forward to continuing to work with the Mississippi Department of Corrections to protect the civil rights of those incarcerated at Parchman.”

“The action taken today by the Department of Justice will ensure that the Mississippi State Penitentiary at Parchman fulfills its constitutional obligations,” said U.S. Attorney LaMarca. “Those obligations extend to reasonable efforts to provide basic mental health care, prevent violence between incarcerated persons and prevent suicides. Those who owe a debt to society should have these basic needs while paying that debt. We are committed to working with state officials to ensure that the State of Mississippi abides by its constitutional obligations.”

The department’s investigation began in February 2020. Our investigation of conditions at Southern Mississippi Correctional Institution, Central Mississippi Correctional Facility, and Wilkinson County Correctional Facility is ongoing. Individuals with relevant information are encouraged to contact the department by phone at (833) 591-0288, or by email at Community.MSDoc@usdoj.gov.

For more information about the Civil Rights Division and the Special Litigation Section, please visit https://www.justice.gov/crt/special-litigation-section.

Additional information about the Northern and Southern U.S. Attorneys’ Offices is available at: https://www.justice.gov/usao-ndms and https://www.justice.gov/usao-sdms. You can contact the Northern District’s Civil Division at (662) 234-3318, and the Southern District at (601) 965-4480. You can also report civil rights violations to the Section by completing the complaint form available at https://civilrights.justice.gov/.

Security News: United States District Court Appoints Randy S. Grossman to Serve as U.S. Attorney

Source: United States Department of Justice News

Media Relations Director Kelly Thornton (619) 546-9726 or Kelly.Thornton@usdoj.gov    

NEWS RELEASE SUMMARY – April 20, 2022

SAN DIEGO – The U.S. District Court has appointed Randy S. Grossman to remain as the U.S. Attorney for the Southern District of California.

“It is a tremendous honor and privilege to serve as the U.S. Attorney,” Grossman said. “I am grateful to the district judges for appointing me to serve in this special role, and I’m proud to work beside members of this talented office and our law enforcement community to protect our district and seek justice on behalf of the United States”

Grossman, who previously served as the First Assistant U.S. Attorney, began serving as Acting U.S. Attorney upon the resignation of former U.S. Attorney Robert Brewer on February 28, 2021. Attorney General Merrick Garland then appointed Grossman to be the interim U.S. Attorney, effective December 26, 2021, and Grossman was to serve in that role for 120 days. The United States District Judges in the Southern District of California have voted to appoint Grossman as U.S. Attorney until the appointment and qualification of a successor to the Southern District of California as provided by law. An order signed by the district court judges was entered on April 19, 2022, and Grossman’s appointment under that order becomes effective on April 25, 2022.

The Southern District of California encompasses San Diego and Imperial Counties. The U.S. Attorney serves as the chief federal law enforcement official for the district.

Grossman joined the U.S. Attorney’s Office in March 2020. He served in the Border Enforcement Section and the Major Frauds & Public Corruption Section. He was selected to become First Assistant U.S. Attorney in September 2020.

Grossman began his legal career as a Deputy District Attorney for Ventura County and then San Diego County. During his more than eight years as a state prosecutor, Grossman tried more than 70 cases, including homicides and other crimes of violence. Grossman also worked in private practice as a partner at two international law firms. His practice areas included complex civil litigation, white collar criminal defense, corporate internal investigations and pro bono representation of refugees seeking asylum.

Security News: Former Chairwoman of City of Austin Advisory Commission Indicted for Falsifying Records

Source: United States Department of Justice News

AUSTIN – Yesterday a federal grand jury in Austin returned an indictment charging a former chairwoman of a City of Austin advisory commission with conspiracy to misapply funds and falsify records, document falsification, and false statement offenses.

According to court documents, Jill Ramirez, 68, worked for an Austin-area nonprofit and served as the chair of a City advisory commission.  In September 2015, Ramirez agreed to pay 10% of the value of federal grant proceeds from the nonprofit to Frank Rodriguez, the former executive director of the nonprofit and then a senior policy advisor to a city official.  Afterwards Ramirez and Rodriguez entered into a “consulting agreement” in December 2015 so, as Rodriguez wrote, to address “any issue that someone might have that the payments are for navigator grant work” and to thereby disguise the 10% payment. Ramirez then paid Rodriguez $21,375 from the nonprofit between December 2015 and December 2016.

Rodriguez continued to work on the nonprofit’s behalf while a City employee by providing confidential City information to the nonprofit, recommending that the nonprofit receive continued City funding and undermining the nonprofit’s competitors for City funding.

In 2017, the Auditor’s Office for the City of Austin commenced an investigation into Rodriguez’s conduct.   During an interview with investigators, Ramirez made false statements about the basis of the “consulting fees” paid to Rodriguez. 

Ramirez is charged with one count of conspiracy to commit an offense against the United States; one count of falsification of records with intent to obstruct an investigation within the jurisdiction of the United States; and one count of false statements in a matter within the jurisdiction of the executive branch of the United States. She will have an initial court appearance at a date to be determined before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Texas. If convicted, she faces up to five years in prison on both the conspiracy and false statement charges. She faces up to 20 years in prison on the falsification of records charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Frank Rodriguez, 71, of Dripping Springs was charged separately by a criminal information.  On January 7, 2022, Rodriguez pleaded guilty to one count of conspiring to misapply federal funds and falsify records in an investigation within the jurisdiction of an agency of the United States.  He is scheduled for sentencing on June 17, 2022 and faces a maximum penalty of five years in prison.

U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Oliver E. Rich Jr. made the announcement.

The FBI is investigating the case, with assistance from the Office of Inspector General for the United States Department of Health and Human Services.

Assistant U.S. Attorneys Gabriel Cohen and Alan Buie are prosecuting the case.

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

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