Security News: Justice Department Reaches Agreement with City of Springfield to Reform Police Department’s Unconstitutional Practices

Source: United States Department of Justice News

Settlement Will Resolve Claims That Springfield Officers Engaged in Pattern or Practice of Excessive Force That Deprived Individuals of Their Rights

The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts today filed a complaint and a proposed consent decree with the City of Springfield, Massachusetts, to resolve its investigation of the Springfield Police Department’s Narcotics Bureau. This is the first pattern or practice police investigation to be resolved through a settlement under the Biden Administration.

The settlement agreement, in the form of a proposed consent decree, which must be approved by a federal District Court Judge, would resolve the United States’ claim that the City and the Narcotics Bureau of the Springfield Police Department engaged in a pattern or practice of excessive force that deprived individuals of their rights under the Fourth Amendment to the Constitution.  

Under the agreement, the Springfield Police Department will improve policies and training related to officers’ use of force. These improvements will ensure that officers avoid force whenever possible through the use of de-escalation tactics; that officers know when force can and cannot be used; and that officers report all instances where force is used. In addition, the Springfield Police Department will provide better supervision to officers and improve internal investigations of complaints of officer misconduct. When officers violate use-of-force policies, the agreement will ensure that the Springfield Police Department holds officers accountable.  

The agreement also provides for the federal judge to appoint an independent monitor, with the title of Compliance Evaluator, based on the recommendation of the parties. The Compliance Evaluator will assess Springfield’s implementation of the agreement’s requirements and file public reports with the court on Springfield’s progress.  

“The public’s trust in law enforcement is a critical component of promoting public safety,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Excessive force erodes that trust and makes our communities less safe. This consent decree will rebuild the public’s trust by ensuring that Springfield officers who use excessive force in violation of the Fourth Amendment are held accountable. We look forward to working with city officials to ensure constitutional policing in every corner of the Springfield community and fostering better relationships between law enforcement and the community.”  

“When communities don’t trust or fear law enforcement, it undermines public safety,” said U.S. Attorney Rachael Rollins for the District of Massachusetts. “Some within the Springfield Police Department, through their sustained and documented constitutional violations, have tarnished the name of the many upstanding and decent police officers working in Springfield. Today is the first step in repairing the harm and mistrust their misconduct and violence caused. After lengthy negotiations, we are pleased to have reached an agreement that includes significant and sustainable reforms to ensure effective and constitutional policing going forward in the City of Springfield. This is the first police misconduct settlement agreement entered during the Biden Administration. Our U.S. Attorney’s Office will always protect the constitutional rights of Massachusetts residents.”

The Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts initiated the investigation of the Springfield Police Department in April 2018 under the Violent Crime Control and Law Enforcement Act of 1994. This law authorizes the Attorney General to file a lawsuit to address a pattern or practice of conduct by law enforcement officers that deprives individuals of their rights under the Constitution or federal law. In July 2020, the department announced findings that officers in SPD’s Narcotics Bureau, which has since been renamed the Firearms Investigation Unit, engaged in a pattern or practice of excessive force. The department found that Narcotics Bureau officers often failed to report use of force incidents. At times officers’ reports were inconsistent with available evidence, including video and photographs. 

This investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the Civil Rights Unit of the U.S. Attorney’s Office for the District of Massachusetts. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt. For more information on the U.S. Attorney’s Office’s Civil Rights Unit, please visit www.justice.gov/usao-ma/civil-rights.

Security News: Wildasin to Remain As U.S. Attorney

Source: United States Department of Justice News

NASHVILLE – Under the provisions of federal statutes governing the filling of vacancies for the position of United States Attorney, Mark H. Wildasin was sworn in today by Chief U.S. District Judge Waverly D. Crenshaw, Jr. as the U.S. Attorney for the Middle District of Tennessee, effective April 25, 2022.  28 U.S.C. § 546, and the Vacancies Reform Act, establish provisions for filling the position of U.S. Attorney, absent a nomination by the President and a Senate-confirmed appointment.  Mr. Wildasin will remain the U.S. Attorney until the Senate confirms his successor. 

Mr. Wildasin was previously appointed by Attorney General Merrick B. Garland to be the United States Attorney on December 26, 2021, after serving as the Acting United States Attorney since November 7, 2021.  The appointment by the Attorney General expires on April 24, 2022. 

“I am honored to have the opportunity to continue to serve as the U.S. Attorney for the Middle District of Tennessee,” said U.S. Attorney Wildasin.  “For the past 16 years I have had the distinct privilege of working alongside some of the nation’s most dedicated public servants and I look forward to continuing to lead this office in our mission of seeking justice for our citizens.”

Mr. Wildasin previously served as the Chief of the Civil Division in the United States Attorney’s Office since January 2006 and has been responsible for defending and prosecuting cases and managing all civil litigation in which the United States or one of its agencies is a party in the Middle District of Tennessee, including affirmative civil enforcement, defensive litigation, bankruptcy, asset forfeiture, immigration, and collections.

In addition to his work as the Civil Chief, from 2009 to 2011 and 2019 to 2021, Mr. Wildasin was appointed to the Civil Chiefs’ Working Group, which advises and reports to the Attorney General’s Advisory Committee on issues relevant to Civil Assistant United States Attorneys throughout the country.

Mr. Wildasin was a member of the Standby Component of the State Department’s Civilian Response Corps (CRC) from 2009 to 2011.  The CRC was created to implement the United States’ whole of government approach to stabilization and reconstruction missions.  As a CRC Standby member, Mr. Wildasin obtained training in stabilization and conflict resolution to support security and justice in host nations emerging from conflict.

From October 2011 through September 2012, Mr. Wildasin was detailed through the Office of the Deputy Attorney General as an Attorney Advisor in the Office of the Justice Attaché in the United States Embassy in Baghdad, Iraq, to work on Rule of Law issues, including assisting in the prosecution of terror suspects in U.S. interest cases, training Iraqi judges and police inspectors on the newly enacted anti-Human Trafficking Law, working on land reform issues, and otherwise liaising with the Iraqi Ministry of Justice, Iraqi judiciary, and European Union counterparts.

Mr. Wildasin is a graduate of Duke University and Vanderbilt University School of Law.  Immediately after law school, he was a law clerk for United States District Judge Thomas A. Higgins in the Middle District of Tennessee.  Prior to joining the United States Attorney’s Office, Mr. Wildasin practiced law in San Francisco with Coudert Brothers and in Nashville with Waller Lansden Dortch & Davis.

He previously served as the Attorney General appointed United States Attorney in 2017.

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Security News: Co-Owner of Georgia Bars Pleads Guilty to Tax Evasion

Source: United States Department of Justice

A co-owner of a group of eight Georgia bars pleaded guilty today to tax evasion. 

According to court documents and statements made in court, William Britt engaged in a scheme to evade taxes owed to the IRS on income from bars he and others owned. Although each establishment had a nominal sole owner, in reality the bars all had a group of co-owners, including Britt, with varying percentages of ownership. Britt held an ownership interest in entities such as Chrysha Inc., which operated a bar in Statesboro, and BGRG Inc., which operated a bar and a restaurant in Milledgeville. Britt, along with the other true owners, shared in the bars’ profits in proportion to their respective ownership percentages.

Britt provided false information to an accountant for the preparation of tax returns related to some of the businesses. Specifically, Britt misrepresented the businesses’ true ownership, understated the bars’ income and omitted cash distributions to the owners. This conduct caused Britt and other owners of the bars to file false tax returns with the IRS by paying less than their actual income tax liabilities. Through his guilty plea, Britt admitted to willfully underreporting his income on his 2014 individual tax return.

Last month, James Stafford, who was nominally the sole owner of Chrysha Inc. and BGRG Inc., also pleaded guilty to tax evasion as part of the same scheme.

Britt will be sentenced at a later date and faces a maximum penalty of five years in prison. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney David Estes for the Southern District of Georgia made the announcement.

IRS-Criminal Investigation and the FBI are investigating the case.

Assistant Chief David Zisserson and Trial Attorney Casey Smith of the Tax Division, and the U.S. Attorney’s Office for the Southern District of Georgia, are prosecuting the case.

Security News: Great Falls construction company official sentenced to 14 months in prison for embezzling from client

Source: United States Department of Justice News

GREAT FALLS  — The finance manager of William Tempel Construction in Great Falls was sentenced on April 12 to 14 months in prison, to be followed by three years of supervised released, for embezzling, as alleged by the government, more than $500,000 from a client who had hired the company to build her multi-million-dollar dream home, U.S. Attorney Leif M.  Johnson said.

Lynn Bapp Tempel, 60, pleaded guilty in October 2021 to wire fraud.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered restitution and set a subsequent hearing to determine the full amount. A plea agreement calls for Tempel to be responsible for complete restitution, which the government estimated is $519,524. Chief Judge Morris allowed Tempel to self-report to prison.

In court documents, the government alleged that Tempel managed the finances of William Tempel Construction, which the victim trusted, hired and paid $4.41 million to build a dream home. Instead, Lynn Tempel stole money from the victim from 2013 to 2016. When caught, Lynn Tempel did not admit her fraud, rather she falsified 153 subcontractor invoices to cover up her scheme. Lynn Tempel provided to the victim invoices in which she had fraudulently inflated the amount of payment required. Lynn Tempel also withdrew $566,848 in cash from the company’s business account during the period of the fraud. The government further alleged at sentencing that Lynn Tempel falsified IRS form 1099s for a family member, which underreported income for that family member by $399,525. Such an underreport then allowed the family member to illegally receive Medicaid.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the FBI and the Great Falls Police Department.

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Security News: Registered Sex Offender from Mandan, ND, Sentenced to 40 Years in Federal Prison for Crimes Related to International Travel with Intent to Engage in Illicit Sexual Acts with a Minor

Source: United States Department of Justice News

BISMARCK – Interim United States Attorney Nicholas W. Chase announced that on April 12, 2022, U.S. District Court Judge Daniel M. Traynor sentenced Maurice Robert Thill, Age 60 from Mandan, ND, to 40 years in federal prison for the charges of Count 1 – Failure of Registered Sex Offender to Report International Travel (18 USC 2250(b)); Count 2 – Failure to Update Sex Offender Registration (18 USC 2250(a)); Count 3 – Possession of Materials Involving the Sexual Exploitation of Children (18 USC 2252(a)(4)(B) and 2252(b)(2)) Count 6 – Travel with Intent to Engage in Illicit Sexual Conduct with a Minor (18 USC 2423(b) and 2423(f)(1)); and Count 7 – Commission of a Felony Offense Involving a Minor by a Registered Sex Offender (18 USC 2260A). Judge Traynor also sentenced Thill to a Lifetime term of supervised release, $500 in special assessments, and $3,000 in restitution. Thill pleaded guilty to the above charges on August 12, 2021.

This matter came to the attention of law enforcement officials when in December 2019, Thill boarded a flight destined to Madagascar, Africa, without having previously notified sex offender registration authorities of his intention to engage in international travel as required by Federal law. Upon his return to the United States in January 2020, Thill was arrested on a related North Dakota State warrant for failing to update his sex offender registration. Thill’s cellular phone was seized and searched. Additional

investigation determined Thill had been communicating with minors in Madagascar about sexual activity using social media accounts he had failed to register as required by law. Authorities located multiple images involving the sexual exploitation of minors on the cell phone, including numerous images of Thill engaging in sexual acts with a minor in Madagascar, as well as communications referencing sexual activity with another minor in that country during a previous trip in 2019.

Thill was a registered sex offender based on his convictions under North Dakota law for Gross Sexual Imposition in 1990, 1991, and 2004. He was also civilly committed as a Sexually Dangerous Individual between 2011 – 2017. He had last updated his sex offender registration on 12-13-2019, three days prior to his flight to Madagascar.

“HSI and our law enforcement partners are watching closely for indicators of child exploitation throughout our community, one of which may be an offender not adhering to mandated reporting requirements,” said acting Special Agent in Charge Jamie Holt of Homeland Security Investigations St. Paul “Today’s sentencing is a result of those partnerships and the watchful eyes of all the dedicated agents and officers involved in both this case and the defendant’s previous cases. I commend them all for their hard work.”

“This investigation is a great example of coordinated efforts by Federal, State and Local law enforcement officials and their determined efforts to protect the public from sexual predators,” said Interim United States Attorney Nicholas W. Chase, “and this sentence effectively ends defendant’s ability to victimize children.”

This case was investigated by the Homeland Security Investigations; United States Marshal’s Service; North Dakota Bureau of Criminal Investigation; Mandan Police Department; and the Diplomatic Security Service (State Department), and the case was prosecuted by the United States Attorney’s office, with Assistant United States Attorney Rick Volk assigned to the case.

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