Security News: Justice Department Announces Director of the Office for Access to Justice

Source: United States Department of Justice News

The Justice Department today announced the appointment of a Director of the Office for Access to Justice to lead its efforts to improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.

Deputy Associate Attorney General Rachel Rossi will serve as the Director of the Office for Access to Justice.

In October 2021, Attorney General Garland announced the restoration of a standalone Office for Access to Justice. Over the past six months, the Office has, among other things, led the Justice Department’s efforts to address the housing and eviction crisis; ensured equal access to justice for veterans and service members; and removed barriers to successful reentry for previously incarcerated individuals.

“There can be no equal justice without equal access to justice,” said Attorney General Merrick B. Garland.  “For the past six months, our newly restored Office for Access to Justice has worked to fulfill that mission. Rachel Rossi’s leadership of that Office will further advance these efforts.”

“Disrupting the devastating connections between race, poverty and injustice is hard work that requires exactly the kind of dedication and vision we’ve seen in Ms. Rossi’s work at the department,” said Associate Attorney General Vanita Gupta. “Ms. Rossi’s leadership will help us build on the department’s work to make justice more accessible to all.”

“I am humbled by this opportunity and ready to get to work building on the foundation of my predecessors and the great progress that’s been made under Attorney General Garland’s leadership,” said Ms. Rossi. “I have seen firsthand how access to justice can make the difference in keeping families together, people in their homes and victims safe from violence. I look forward to working closely alongside dedicated public servants across the department as we examine and reimagine the tools and systems, we rely on to make justice more accessible for all.”

The Office for Access to Justice was initially launched in 2010 and thrived as a standalone component through the end of 2017.

One year ago, Attorney General Garland launched a strategic review process led by the Justice Department’s three leadership offices to examine barriers and disparities in our criminal and civil justice systems and identify ways that the Justice Department can improve the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.  The review, which engaged a wide range of stakeholders across all levels of government, revealed that longstanding justice gaps have been exposed and exacerbated by COVID-19 and identified a clear and immediate need for the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to the mission of closing those gaps.

Security News: Former School Official and Local Restauranteur Indicted in Kickback Scheme

Source: United States Department of Justice News

Former Director of Food Services for Hempstead Public Schools Alleged to Have Steered More than $1 Million in Contracts to a Preferred Vendor in Exchange for Kickbacks

An indictment was unsealed today in federal court in Central Islip charging Sharon Gardner, the former Director of Food Services for the Hempstead Union Free School District (HUFSD), and Maria Caliendo, the owner of food service providers Smart Starts NY, Inc. (Smart Starts) and Prince Umberto’s restaurant in Franklin Square, with conspiracy to commit honest services wire fraud in connection with a kickback scheme involving HUFSD procurement contracts. The indictment also charges Caliendo with making false statements to a federal agent investigating the fraudulent scheme. The defendants are scheduled to be arraigned this afternoon before United States District Judge Joanna Seybert at the federal courthouse in Central Islip.

Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Beth Dinkins, Special Agent-in-Charge United States Department of Agriculture, Inspector General’s Office; Terry Harris, Special Agent in Charge, U.S. Department of Education Office of Inspector General’s Eastern Regional Office; Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York; Anne T. Donnelly, Nassau County District Attorney; and Thomas P. DiNapoli, New York State Comptroller, announced the arrests and charges.

“As alleged, with little regard for the taxpaying public, the defendants secretly steered lucrative food service contracts to themselves and then illegally shared the profits,” stated United States Attorney Peace. “This Office will continue to vigorously investigate and prosecute those who attempt to corrupt our public institutions through illegal bribes and kickbacks, as well as the officials who enrich themselves at the expense of the public they serve.”

“As alleged, Ms. Gardner and Ms. Caliendo engaged in a scheme in which Ms. Gardner steered more than $1 million in sole-source school breakfast contracts to Ms. Caliendo’s company, in spite of the fact more cost-effective options existed. In exchange, Ms. Caliendo illicitly paid more than $100,000 in kickbacks to Ms. Gardner, which she used to purchase a variety of personal luxuries. Today’s action demonstrates the FBI’s commitment to bringing to justice those who seek to illegally benefit from taxpayer-funded programs intended to serve the public,” stated Assistant Director-in-Charge Driscoll.

“Instead of following the legitimate bidding process for a food services contract, the defendants allegedly used the Hempstead School District as their own piggy bank,” Nassau County District Attorney Donnelly said. “This prosecution sends a strong message to public officials that anyone using tax dollars to unjustly enrich themselves will be prosecuted to the fullest extent of the law.”

“There is no place for corruption in the United States, especially as it relates to programs set up to feed hungry children and provide assistance to the most vulnerable in our society,” stated Special Agent-in-Charge Beth Dinkins.

“It’s alleged this duo conspired together in this fraud scheme where Gardner procured millions of dollars in contracts for Caliendo’s business, choosing Caliendo’s company’s bid in exchange for high-value kickbacks,” said IRS-CI Special Agent in Charge Fattorusso. “While Gardner accepted the higher bid for her own personal gain, the taxpayers of the Hempstead Union Free School District were left holding the bill. IRS-CI continues to work with our law enforcement partners to ensure that those who choose to cheat the public to support their own extravagant lifestyle face the consequences of their criminal acts.”

“Stealing money meant to feed students in need is reprehensible,” said State Comptroller DiNapoli. “Due to my partnership with United States Attorney Peace, District Attorney Donnelly, the FBI and our federal partners, this former school employee and her co-conspirator will be held accountable for their alleged actions. I will continue to work with law enforcement across the state to root out public corruption and protect taxpayers.”

As alleged in the indictment, in her capacity as the Director of Food Services for HUFSD, Gardner helped secure lucrative contracts for Caliendo’s company, Smart Starts, to provide prepackaged breakfast meals for Hempstead public school students. For example, during the 2016-17 school year, Gardner persuaded HUFSD officials to treat Caliendo as a “sole source” vendor (a designation typically reserved for providers of unique or rare supplies for which sourcing is limited) of breakfast foods, thereby avoiding competitive bidding for the district’s business. Subsequently, in the 2017-18 school year, Gardner oversaw a supposedly competitive bidding scenario for the breakfast items, only to award a second procurement contract to Smart Starts despite the existence of more cost-effective bids. In total, pursuant to these procurement contracts, Caliendo’s company received more than $1.2 million from HUFSD.

In exchange, Caliendo kicked back a portion of the contract proceeds totaling more than $100,000 to Gardner through fraudulent payroll deposits and other payments. To conceal the illegal nature of the arrangement, those payments were deposited into a bank account that was created in the name of one of Gardner’s family members. Yet, the kicked back funds were spent by Gardner on international vacations, a leased vehicle and home furnishings, among other things. Approximately $13,000 in kicked back funds were also withdrawn by Gardner in cash from ATMs located near her home and workplace.

In voluntary interviews with investigators, Caliendo made materially false statements concerning the justification for the payments, falsely claiming that they represented repayment for a startup loan from Gardner’s family member, despite having received no capital contribution, work or labor from that individual.

If convicted, the defendants face up to 20 years’ imprisonment for the conspiracy to commit wire fraud charge. The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

The government’s case is being prosecuted by the Office’s Long Island Criminal Division. Assistant United States Attorneys Anthony Bagnuola and Charles P. Kelly are in charge of the prosecution.

The Defendants:
SHARON GARDNER
Age: 56
Lindenhurst, New York

MARIA CALIENDO
Age: 57
Elmont, New York

E.D.N.Y. Docket No. 22-CR-229 (JS) (JMW)

Security News: Associate Attorney General Vanita Gupta Delivers Commencement Address at New York University School of Law

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Good morning. Thank you for that lovely introduction and warm welcome. Congratulations, Class of 2022.

It’s good to be back in New York. And it’s especially good to be with my NYU Law community as we continue to reel from the horrific violence in Buffalo last weekend. The Justice Department is investigating this tragedy as a hate crime and an act of racially motivated violent extremism. As we mourn for the victims and their families, we must do all that we can to reject hatred and honor our shared humanity.

Dean Morrison; Chair David Tanner; distinguished faculty, trustees and administrators, thank you. Fellow alumni, and proud family members, mentors and friends — thank you for the great honor of speaking before you on this momentous day.

Dean Morrison, all of us who love this law school are grateful for your decade of service and stewardship. And congratulations to incoming Dean Troy MacKenzie who was one year above me in law school!

When I told my kids I was traveling to NYU for the commencement, they thought I was coming to listen to Taylor Swift. They were sorely disappointed and felt bad for all of you when I told them I was giving this speech instead.

When I sat in your seats more than two decades ago, I remember feeling a mixture of excitement, apprehension, awe — and utter relief. I was the first person in my family to go to law school, and for much of my first year, I felt like a fish out of water. Like I didn’t belong.

Professor Kim Taylor-Thompson encouraged me to stick it out when I thought I might leave. NYU Law professors like her, Randy Hertz, and so many others remain inspirations to me.

So, I want you to look around. To think about who those people are for you. Look at your family, your friends, your professors who support you. Look at this incredible community that surrounds you.

This network, and the extraordinary legal education you received here, will be some of the most important assets in your professional and personal lives. Lean on that. Let others lean on you, too.  

Starting today, our society will look to you — will count on you — to transform our values into real protections for people. That’s an awesome — and daunting — responsibility. So, I want to share three words that I hope will serve you by reminding you not only about the kind of lawyer you want to be, but the kind of person you want to be.

They are purpose, courage and kindness.

First: Know your purpose. Let it guide you in all you do.

I stand before you today from the Department of Justice, where I am the first daughter of immigrants to serve in my position. From early on, my family’s story has motivated my career in public service.

My parents emigrated from India to the United States — my father on a scholarship for his master’s degree. But, as a precondition, my grandmother said he had to get married. And so just three days before he left India, he married my mother. They barely knew each other at the time, but they landed in snowy Ithaca. My mother learned English in her 20s, and together they raised two firebrand daughters. Here we are 53 years later.

My husband’s parents also modeled that resiliency. They fled Vietnam on a boat with four children in tow the night before Saigon fell to the Communist regime. My husband was only one month old. They lived in a refugee camp in Guam before coming to the United States to build new lives.

My family’s courage, their struggles, their leaving behind the familiar to provide for their children — that’s what animates my work every day. That’s what drives my purpose, which for me is a fierce commitment to ensuring that opportunity is within reach and that justice is real for everyone, regardless of color or creed or circumstance. My parents taught me that loving this country means doing the necessary work to make it better.

It may take time to figure out your purpose; what you stand for and what drives you to act, rather than stay complacent. You may not have all the answers now. But when you find it, your purpose will be your lifeboat when times get tough. And graduates, I won’t sugarcoat it: You are embarking on your careers in a world of extraordinary challenges.

Your time in law school has been marked by a global pandemic, George Floyd’s murder and global protests that ensued, and an unprecedented attack on the seat of our democracy on January 6. During the last few years alone, the rule of law has been challenged. Our democracy has been challenged. And longstanding precedent upholding our fundamental freedoms is being challenged. I want a future where the next generation has more rights, not fewer, don’t you?

These challenges aren’t new. Throughout history, the law has justified what Dr. King called America’s “long night of racial injustice.” Through slavery and Jim Crow and so much more, the law codified exclusion, discrimination and racial terror.

But the beauty of this country and the promise of our legal framework is not that we are perfect, but that we never stop trying to live up to our highest ideals. We can change. We can make progress when people roll up their sleeves, reject cynicism, and work to close the gap between what the law guarantees on paper and what people experience in their lives.

Those people don’t fall from the sky. They are you.

Believe that because it is true. And when the weight of the work or state of the nation feels overwhelming, do not despair. Always remember that hope is a discipline; you must practice it every day.

No matter what path you take, keep faith in your purpose, in the people around you and in the power of this profession to make extraordinary change.

Second, be courageous.

As a 26-year-old newly minted attorney, my first cases took me to a small town called Tulia, Texas.

I had a fellowship at the NAACP Legal Defense Fund (LDF). Just a few months out of law school and still awaiting my bar results, I saw a 10-minute documentary about 46 people — more than 12% of Tulia’s adult Black population — who had been convicted on sham evidence in a drug sting. I was outraged. I wanted to act.

I immediately wrote a memo to the head of LDF laying out all the facts I knew and got the greenlight to investigate.

Before I knew it, I was driving for hours on the flat highways of Texas, going from prison to prison, visiting my soon-to-be clients who generously agreed to allow me to be their lawyer — after overcoming their initial shock at seeing someone who looked like she was 14 years old.

In Tulia, I knocked on door after door. And I would get one recurring question: Are you related to Dr. Sanjay Gupta on CNN? To this day, I’ve never met him. But when I do, I’ll have to thank him for opening a lot of doors for me in Tulia, Texas.

I met with my clients’ families, who displayed overwhelming courage. I stayed up nights literally terrified that I was missing deadlines to file petitions to get my clients’ cases back in court. I had moments of panic that I was in over my head. And, at times, I was in over my head.

Eventually, I assembled a team that included pro bono lawyers from top firms — including tapping into my NYU Law family — and we tried to leave no stone unturned.

Two years later, in 2003, then-Governor Rick Perry pardoned our clients, finally setting them free.

The most meaningful things I’ve ever done have been in times like these — when I’ve been out of my comfort zone and found a path forward when none seemed possible.

No matter where you practice law, you will have opportunities to pursue justice and serve the public good. Find the courage to take them, even when it feels like you don’t know what you’re doing or like the odds are stacked against your clients.

Finally, remember to be kind.

That means looking up from your screens now and then and being present with friends and family; with colleagues and clients, even when your job gets stressful.

Kindness also means listening – really listening. That extends to those you don’t see eye to eye with, too. So much that we have taken for granted is now up for debate and much of that debate is coarse, even angry. But listening to those you disagree with — and being respectful as you do — will make you a better advocate, lawyer and person. I promise.

This world can be hard, and this profession can be harsh. Be kind to yourself, too.

Remember all that you have accomplished by getting here today.

Remember all that you are outside of being a law school graduate and soon-to-be attorney.

And remember all who helped you get here today. Hold them close. Thank them. We must take time to care for each other.

As the proud mother of two boys, trying to be there for my friends, wanting to call my parents more often, even with a husband who does so much day-in and day-out to support me, I still struggle with the “work-life balance” issue every day. It isn’t easy. You won’t always get it right. Be gentle with yourself when you don’t. And keep trying.

In a few moments, when your names are called, you will earn a degree that is years, or maybe even generations, in the making. It confers on you a special privilege and responsibility. Be wise in how you exercise it. And be fearless in advancing this profession’s highest ideals.

On problems once considered intractable and progress once seen as unimaginable, at this profession’s proudest moments — even in a profession predicated on preservation of the status quo — lawyers have continued to take risks to shape our country into a more perfect union.

I know you will build on that legacy.

We’ll need your talent in the days ahead. We’ll need your conviction. Your hope.

Class of 2022: looking out at you fills me with hope.

If you find your purpose and lead with courage and kindness, I know you will change this profession and this world for the better. 

Congratulations; I wish you all the very best of luck!

Security News: St. Louis man shot during jewelry store robbery sentenced to over eight years in prison

Source: United States Department of Justice News

ST. LOUIS – A St. Louis man who was shot while trying to rob a jewelry store in 2019 was sentenced by United States District Court Judge Audrey G. Fleissig Thursday to eight years and four months in prison.

Deven Strauther and at least two others tried to rob the Robinson Jewelry Company on Chippewa Street in St. Louis on May 25, 2019, Strauther admitted in his plea agreement.

Strauther and another man, who were both armed, approached the store and opened one door, but employees did not allow the pair through a second, electronically-controlled door.

Strauther kicked out the lower portion of the glass on the door to try and gain entry. Fearing for their safety, the store owner and an off-duty police officer working security fired at Strauther, who was hit twice in the abdomen. Strauther fired back as he ran away.

About 30 minutes later, Strauther arrived at St. Louis University Hospital, where he was treated by staff and questioned by police. He did not make any admissions about his involvement in the attempted robbery, but police later found the Infiniti sedan used by the robbers. Strauther’s blood was inside, and the car’s hard drive showed it was at Robinson’s on the date and time of the attempted robbery. Strauther then admitted his involvement in the crime to police.

Strauther, 31, pleaded guilty in January to one count of attempted interference with commerce with threats of violence.

The case was investigated by the St. Louis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jen Szczucinski prosecuted the case.

This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

Security News: Former Gulf Cartel Leader Extradited to East Texas for Drug Trafficking Violations

Source: United States Department of Justice News

BEAUMONT, Texas – A Mexican national has been extradited to the United States to face drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today. 

Mario Cardenas-Guillen, 57, of Matamoros, Mexico, was indicted by a federal grand jury on June 20, 2012, and charged with conspiracy with intent to distribute five kilograms or more of cocaine.  Cardenas-Guillen was surrendered to the United States on May 17, 2022.  He will make an initial appearance on May 23, 2022, before U.S. Magistrate Judge Zack Hawthorn.   

According to the indictment, beginning in 2000 and continuing through 2012, Cardenas-Guillen is alleged to have conspired with others to possess more than five kilograms of cocaine, which he intended to distribute to others. 

“International sources of illegal drugs continue to poison our communities,” said U.S. Attorney Brit Featherston.  “We will make every effort to combat this scourge, and that includes going to the origin of the drugs in foreign countries and arresting and prosecuting those who seek to make a profit off this blight that adversely affects so many in our society.”

“For decades, the Gulf Cartel has used intimidation and extreme violence to maintain control of its territories in northeast Mexico and smuggle deadly drugs into communities across the United States,” said DEA Administrator Anne Milgram. “The extradition of Mario Cardenas Guillen, the former leader of the Gulf Cartel, should send a clear message to the leaders of drug trafficking organizations around the world that no one is beyond the reach of the DEA and our law enforcement partners.”

If convicted, Cardenas-Guillen faces from 10 years to life in federal prison.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

This case is being investigated by the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Christopher Rapp.

The Justice Department’s Office of International Affairs worked with law enforcement partners in Mexico to secure the arrest and extradition of Cardenas-Guillen to the United States. Special thanks to the Government of Mexico for their help in the capture and extradition of Cardenas-Guillen.

A grand jury indictment is not evidence of guilt.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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