Month: June 2022

Source: United States Department of Justice News

The Justice Department today announced an agreement with the Township of Jackson, New Jersey, and the Jackson Planning Board to settle allegations that the Township and Planning Board violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Fair Housing Act (FHA) when they passed and applied a series of discriminatory zoning ordinances that intentionally targeted the Orthodox Jewish community by prohibiting religious schools and associated dormitories.

The proposed consent order, which was filed today in the U.S. District Court for the District of New Jersey and must still be approved by the court, would resolve a lawsuit the United States filed in May 2020 alleging that the Township and Planning Board passed zoning ordinances that broadly prohibited religious schools and banned schools with dormitories, both of which are important to providing religious education within the Orthodox Jewish community. The complaint alleged that the intent of the ordinances was to prevent Orthodox Jewish schools from opening in the Township and thereby dissuade members of that community from living in or moving to Jackson.

“Zoning restrictions that intentionally target religious communities have no place in our society,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Federal civil rights laws provide strong protections to ensure that religious communities are treated equally and not subjected to discrimination because of their beliefs. This resolution reaffirms that members of the Orthodox Jewish community — as with people of all faiths — are welcome in our communities and have the right to practice their religion free of discrimination.”

“RLUIPA and the Fair Housing Act protect the rights of religious communities to worship and obtain housing in communities free from discrimination and unequal treatment,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “This office remains steadfast in its commitment to enforce the nation’s civil rights laws, and as the proposed consent order demonstrates, we will continue to take steps to protect the civil rights of the Orthodox Jewish community and all communities throughout this district.”

The complaint alleges that in 2017, Jackson Township enacted two ordinances that banned dormitories and severely restricted where religious schools could locate. These ordinances were enacted in response to the growth of the Orthodox Jewish community in Jackson and surrounding areas and amid public comments arguing that the ordinances should be enacted to prevent the Orthodox Jewish community from living in or moving to Jackson. Township councilmembers voted unanimously to enact the ordinances.

The consent order requires Jackson Township to repeal the remaining active discriminatory ordinance and replace it with an ordinance that will allow religious elementary and secondary schools, religious higher learning institutions and religious residential schools. The consent order also requires that the new zoning ordinance treat religious schools equally with non-religious institutions that operate in the Township. Finally, the consent order requires the Township to train its officials and employees on the requirements of RLUIPA and the FHA, establish a procedure for receiving and resolving RLUIPA and FHA complaints, pay a civil penalty of $45,000, and pay $150,000 into a settlement fund from which aggrieved persons can seek payment.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions, or discrimination in housing based on disability, race, color, religion, national origin, sex and familial status, may contact the Civil Rights Division Housing and Civil Enforcement Section at 1-833-591-0291, or the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. Individuals may also submit a complaint through the Civil Rights Division’s complaint portal or through the U.S. Attorney’s Office’s website.

The United States is represented by Assistant U.S. Attorney Kelly Horan Florio for the District of New Jersey, Senior Civil Rights Counsel in the U.S. Attorney’s Office’s Civil Rights Division, and Trial Attorneys Ryan G. Lee and David K. Gardner of the Civil Rights Division.

Source: United States Department of Justice News

PHOENIX, Ariz. – Rolando Jesus Quintero, 33, of Casa Blanca, Arizona, was sentenced yesterday by U.S. District Judge Diane J. Humetewa to seven years in prison, followed by five years of supervised release. Quintero previously pleaded guilty to possession with intent to distribute methamphetamine.

On February 17, 2021, Quintero was found in possession of 54 grams of methamphetamine and a .22 caliber rifle. Quintero is an enrolled member of the Gila River Indian Community.

The FBI and the Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-21-00996-01-PHX-DJH
RELEASE NUMBER:    2022-095_Quintero

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Source: United States Department of Justice News

A federal jury today convicted a man who operated labor-staffing companies in Florida with conspiracy to harbor non-resident aliens and induce them to remain in the country, conspiracy to commit money laundering, and conspiracy to defraud the IRS.

Mykhaylo Chugay and others owned and operated a series of labor-staffing companies in southern Florida, including General Labor Solutions LLC, Liberty Specialty Service LLC, Paradise Choice LLC, Paradise Choice Cleaning LLC, Tropical City Services LLC and Tropical City Group LLC, between August 2007 and July 2021. At trial, the government proved that Chugay, through these staffing companies, facilitated the employment of individuals in hotels, bars and restaurants in Key West and other locations, even though the employees were not authorized to work in the United States.

The government also proved that Chugay and his co-conspirators defrauded the IRS out of more than $10 million in Social Security and Medicare taxes that should have been collected and paid over in connection with the employment of these workers. In addition, the government proved Chugay conspired to encourage workers to enter the United States and remain in the country, in violation of immigration laws. The government also proved that Chugay and others sent checks and wires totaling more than $11 million in proceeds from the illegal scheme to conspirators in Ukraine and elsewhere.

Chugay was convicted at trial on all counts. He is scheduled to be sentenced on Aug. 22 and faces maximum penalties of five years in prison on the tax conspiracy, 10 years in prison for conspiring to harbor aliens and induce them to remain in the United States and 20 years in prison on the money laundering conspiracy. 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 Juan Antonio Gonzalez for the Southern District of Florida made the announcement.

The U.S. Department of Homeland Security’s Homeland Security Investigations and IRS-Criminal Investigation are investigating the case. U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection, Air and Marine Operations provided substantial assistance at trial.

Senior Litigation Counsel Sean Beaty, Trial Attorneys Jessica A. Kraft and Nicholas J. Schilling Jr., and Paralegal Robert Resto of the Tax Division, and Assistant U.S. Attorney Chris Clark of the Southern District of Florida, are prosecuting the case.

Source: United States Department of Justice 2

The Justice Department has filed a complaint under the False Claims Act against American Health Foundation (AHF), its affiliate AHF Management Corporation, and three affiliated nursing homes — Cheltenham Nursing & Rehabilitation Center (Cheltenham), The Sanctuary at Wilmington Place (Wilmington Place) and Samaritan Care Center and Villa (Samaritan) — for providing grossly substandard skilled nursing services between 2016 and 2018. AHF is a nonprofit corporation that is headquartered in Dublin, Ohio, and owns and controls nursing homes in Ohio, Pennsylvania and Iowa. Cheltenham is a 255-bed nursing home located in Philadelphia; Wilmington Place is a 63-bed nursing home located in Dayton, Ohio; and Samaritan is a 56-bed nursing home located in Medina, Ohio.

In its complaint, the United States alleged the three AHF nursing homes provided grossly substandard services that failed to meet required standards of care in various ways. For example, the United States alleged the defendant facilities failed to follow appropriate infection control protocols and did not maintain adequate staffing levels. The United States also alleged that Cheltenham housed its residents in a dirty, pest-infested building; gave its residents unnecessary medications, including antibiotic, antipsychotic, anti-anxiety and hypnotic drugs; failed to safeguard residents’ personal possessions; subjected residents to verbal abuse; neglected to provide residents with activities or stimulation; and failed to provide needed psychiatric care. The United States similarly alleged that Wilmington Place and Samaritan failed to create and maintain important medical records, and that Wilmington Place repeatedly gave its residents unnecessary medications, including antibiotic, antipsychotic, anti-anxiety and hypnotic drugs, while also failing to ensure that its residents had the prescriptions they actually needed.

“Nursing homes are expected to provide their residents, which include some of our most vulnerable individuals, with quality care and to treat them with dignity and respect,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will not tolerate nursing homes — or their owners or managing entities — who abdicate these responsibilities and seek taxpayer funds to which they are not entitled.”   

The United States’ complaint provides specific allegations of how grossly substandard care harmed nursing home residents. For instance, the complaint alleged that one Cheltenham resident was admitted with a history of self-harm and was hospitalized after slashing his wrists while in the facility’s care. Yet when this resident returned to Cheltenham, the facility again ignored additional warning signs and failed to provide him with needed psychiatric services. Mere weeks after being readmitted to Cheltenham, the resident committed suicide by hanging himself from a bedsheet in one of Cheltenham’s shower rooms.  

The complaint is the result of an effort by the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from the U.S. Department of Health and Human Services’ Office of Inspector General. This matter is being handled by Fraud Section attorneys Ben Young and Susan Lynch. 

The case is captioned United States v. American Health Foundation, Inc.; AHF Management Corporation; AHF Montgomery, Inc. d/b/a Cheltenham Nursing and Rehabilitation Center; and AHF Ohio, Inc. d/b/a/ The Sanctuary at Wilmington Place and Samaritan Care Center and Villa, No. 2:22-cv-02344 (E.D. Pa.).  

The United States’ complaint stems from an investigation that the Department of Justice initiated as part of its National Nursing Home Initiative. The department launched the initiative in March 2020 to identify and investigate nursing homes that provide grossly substandard care. The National Nursing Home Initiative reflects the Department of Justice’s commitment to protecting our nation’s seniors, coordinated by the department’s Elder Justice Initiative in conjunction with the U.S. Attorneys’ Offices. The Elder Justice Initiative supports the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources and information. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice.

The claims in the complaint are allegations only, and there has been no determination of liability.

Source: United States Department of Justice News

PHOENIX, Ariz. – Bobby Lee Seely, Jr., 48, of Phoenix, Arizona, was sentenced yesterday by U.S. District Judge Douglas L. Rayes to 80 months in prison. Seely previously pleaded guilty to making a false statement in connection with the acquisition of a firearm.

In September 2020, Seely made the false statement when he attempted to purchase a pistol from a federally-licensed firearms store in Arizona. When Seely attempted to purchase the pistol, he stated on a Bureau of Alcohol, Tobacco, Firearms and Explosives form that he was not prohibited from possessing a firearm. However, Seely was prohibited from possessing any firearm or ammunition because he had previously been convicted of a felony offense as well as a domestic violence misdemeanor.

“Federal law doesn’t just prohibit felons from possessing firearms,” said United States Attorney Gary Restaino. “Misdemeanor convictions for domestic violence, including where the victim is a spouse or intimate partner, also preclude gun ownership and possession in America. And for good reason: victims are more vulnerable when their abusers have firearms.”

Following his arrest in this matter, agents searched a storage unit owned by Seely and recovered a privately made firearm or “ghost gun” that was loaded with a high-capacity magazine. Agents also found over 100 rounds of ammunition.

The FBI conducted the investigation in this case. Assistant U.S. Attorneys Kristen Brook and Aron Ketchel, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:           CR-20-0643-PHX-DLR
RELEASE NUMBER:    2022- 094_Seely

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.