Security News: Ohio Company and Corporate Vice President Plead Guilty to Selling Unregistered Virucide, Despite Repeated Warnings

Source: United States Department of Justice News

An Ohio corporation and its vice president pleaded guilty in federal court to the illegal sale of antimicrobial products. Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD), U.S. Attorney Kenneth L. Parker for the Southern District of Ohio and Special Agent in Charge Jennifer Lynn of the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) made the announcement.

Evan Morgan and DEM Technology LLC of Dayton, Ohio, pleaded guilty to selling an unregistered “fogger,” which they claimed, without proof, could sanitize an entire room. According to the plea, beginning in 1996, DEM produced the surface-sanitizing product, SaniGuard. It was only authorized for use as a surface spray. However, since SaniGuard’s initial EPA registration, DEM has sold the product not only as a “Dry Sanitizing Surface Spray” but also as a “Total Release Fogger.” According to its marketing materials, the fogger product allowed for the entire can’s contents to be released into a room, supposedly disinfecting all surfaces in the room. It also claimed the fogger could “sanitize a room within 10 to 15 minutes”; is “effective against H1N1, E-Coli, Staphylococcus, MRSA and Salmonella”; and has a “99.99% kill rate of fungus, bacteria…and viruses.” DEM has never established efficacy nor safety data associated with SaniGuard’s use as a fogger as required by the Federal Insecticide, Fungicide and Rodenticide Act.

From 2004 to 2015, DEM received and acknowledged repeated correspondence from the EPA, directing the removal of language relating to fogging from the SaniGuard label. Additionally, on July 21, 2015, the EPA entered a consent order, which ordered DEM to pay a civil penalty based upon DEM’s sale of the fogger product. Nonetheless, DEM continued to produce and sell Total Release Fogger in 2015, 2016, 2017 and 2018.

“The defendants in this case made claims about the efficacy of their product with no supporting data, putting their customers at risk,” said Assistant Attorney General Kim. “Despite this danger and repeated notices by EPA, the defendants continued their unlawful conduct for years. Yesterday’s guilty pleas shows that the Department of Justice will not tolerate such violations of federal law.”

“In order to safeguard the environment, it is essential that the Environmental Protection Agency’s pesticide programs receive accurate and honest information from pesticide registrants and their employees,” said Special Agent in Charge Lynn. “This guilty plea sends a clear message that EPA and its law enforcement partners will continue to hold individuals and companies fully accountable for illegal conduct that jeopardizes the environment.”

This case was investigated by Special Agent Christopher Wilson of EPA-CID and Jon Scale of the Ohio Attorney General’s Office Bureau of Criminal Investigation. It is being prosecuted by Trial Attorney Adam Cullman of ENRD’s Environmental Crimes Section and the U.S. Attorney’s Office for the Southern District of Ohio.

Security News: Federal Court Issues Temporary Restraining Order to Prevent Tampa-Area Pharmacist from Filling Prescriptions

Source: United States Department of Justice

A federal court issued a temporary restraining order prohibiting a Tampa-area pharmacist from filling prescriptions for opioids and other controlled substances, the Department of Justice announced today.

In a complaint filed on August 1 and unsealed today, the United States alleges that Nathaniel Esalomi unlawfully distributed powerful opioids by filling prescriptions he knew were not valid at Apexx Pharmacy in Hudson, Florida, where he is the owner and sole pharmacist. The complaint alleges that Esalomi charged dramatically inflated prices to fill opioid prescriptions and accepted thousands of dollars in cash for the drugs. The complaint further alleges that Esalomi instructed individuals to forge signatures on certain forms and to falsify addresses. The complaint also alleges that Esalomi filled numerous controlled substance prescriptions for persons who were deceased.

“Pharmacists who knowingly fill invalid prescriptions for opioids and other controlled substances violate the law and endanger our communities,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with its law enforcement partners to prosecute medical professionals who put profit over public safety.”

“The illegal distribution of opioids by medical professionals has caused great harm to people in our communities, and has led to a nationwide epidemic,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are committed to using every enforcement tool available to stop those individuals whose unlawful actions and abandonment of their professional responsibilities have fueled the opioid crisis.”

“In the midst of a deadly overdose epidemic in our country, addressing the diversion of opioids and other controlled substances is a top priority for DEA,” said Special Agent in Charge Deanne L. Reuter of the DEA Miami Field Division. “DEA remains steadfast in our commitment to working with our law enforcement partners to ensure that our communities are safe and healthy.”

The temporary restraining order was issued by U.S. District Judge Thomas Barber in the U.S. District Court for the Middle District of Florida. The pending complaint seeks to permanently enjoin Esalomi from filling prescriptions for opioids and other controlled substances, and from owning or supervising a pharmacy.

DEA’s Tactical Diversion Squad in the Tampa District Office is conducting the ongoing investigation.

Assistant U.S. Attorney Carolyn B. Tapie and Trial Attorneys Thomas S. Rosso and Scott B. Dahlquist of the Justice Department’s Consumer Protection Branch are handling the case.

The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.

Security News: Former Private Prisoner Transport Officer Indicted for Sexual Assault and Lying to the FBI

Source: United States Department of Justice News

A federal indictment was unsealed yesterday in Tulsa, Oklahoma, charging a former private prisoner officer with sexually assaulting a male pretrial detainee during a prisoner transport and later lying to the FBI.

According to the indictment, at the time of the alleged crime, Dewayne Dudley, 55, of Claremore, Oklahoma, worked as a private prisoner transport officer for Blue Raven Services, a company that was hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants.

Count One of the indictment charges Dudley, while acting under color of law, with willfully depriving a male pretrial detainee whom he was transporting from Indiana to New Mexico, of his constitutional right to bodily integrity. The indictment alleges that Dudley’s conduct resulted in bodily injury to the victim and kidnapping. Count Two charges Dudley with knowingly and willfully making false statements to a Special Agent with the FBI regarding his transport of the victim.

If convicted, Dudley faces a maximum sentence of life in prison.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Clinton Johnson for the Northern District of Oklahoma made the announcement.

The case is being investigated by the FBI Oklahoma City Field Office. Assistant U.S. Attorney Clay Compton for the Northern District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Security News: Four Guatemalan Nationals Indicted by Joint Task Force Alpha and Arrested as Part of Takedown of Deadly Human Smuggling Network Based in Guatemala

Source: United States Department of Justice News

On Tuesday, extensive coordination and cooperation efforts between United States and Guatemalan law enforcement authorities culminated in the Guatemalan National Civil Police (PNC) conducting a significant enforcement operation to disrupt and dismantle a transnational human smuggling organization. This operation included the arrest of four alleged human smugglers who have been indicted in the United States.

On August 2, Guatemalan law enforcement executed 26 search warrants in Huehuetenango, El Quiché, Totonicapán, Alta and Baja Verapaz and arrested 19 individuals including the four U.S. fugitives. As a result of the search warrants, law enforcement recovered 10 high valued motor vehicles, firearms, and cash.

Felipe Diego Alonzo, aka “Siete”, 38; Nesly Norberto Martinez Gomez, aka “Canche”, 37; Lopez Mateo Mateo, aka “Bud Light”, 42; and Juan Gutierrez Castro, aka “Andres”, 45; were arrested in Guatemala at the request of the United States pursuant to charges previously filed in the Western District of Texas (WDTX) and unsealed yesterday. The defendants allegedly conspired with other smugglers to facilitate the travel of large numbers of migrants from Guatemala through Mexico, and ultimately, to the United States, charging the migrants and their families approximately $10,000 to 12,000 USD for the perilous journey. In addition to prolific smuggling of migrants to the United States, the human smugglers targeted in this operation are alleged to be responsible for the death of a young indigenous Guatemalan woman who died in Texas in April 2021. Guatemalan authorities arrested Diego Alonzo, Martinez Gomez, Mateo Mateo, and Gutierrez Castro pursuant to requests for their extradition by the United States.

The victim’s family paid the defendants approximately $10,000 for the journey to the United States. According to the indictment, the defendants and their co-conspirators guided her for several days through the desert to Odessa, Texas where she ultimately perished. Upon learning of her death, the defendants and their co-conspirators quickly worked to get rid of the body and discarded it on the side of a country road in Crane County, Texas. The defendants and their co-conspirators then arranged for payment to the victim’s family.

“Joint Task Force Alpha was created to investigate and prosecute the international networks responsible for dangerous and prolific human smuggling activities that exploit and victimize migrants,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “These indictments demonstrate the Department of Justice’s commitment to holding accountable criminal organizations that prey upon vulnerable people for profit. JTF Alpha’s dedicated personnel, along with our international law enforcement partners, are working tirelessly to disrupt and dismantle these harmful smuggling and trafficking networks.”

“These recent arrests are the culmination of over a year’s efforts of international coordination and investigation into this extensive human smuggling operation,” said U.S. Attorney Ashley C. Hoff. “This specific criminal organization has smuggled a large number of migrants from Guatemala, which included a young woman who died while being smuggled, and whose body was later callously dumped by the smugglers in Crane County, Texas. Along with our partners, the U.S. Attorney’s Office for the Western District of Texas is committed to delivering justice for her and to holding all the offenders accountable for their crimes, including those members of the criminal organization who remain in Guatemala.”

“HSI is deeply immersed in the global fight against human smuggling, and that absolutely includes our International Operations within Central and South America,” said Steve Francis, acting executive associate director of Homeland Security Investigations. “Combating this horrific, transnational crime is one of our top priorities – our special agents are actively engaged with law enforcement partners and task forces around the globe working to dismantle criminal networks that treat human life like a commodity. We will continue to root out those engaged in this crime and bring alleged perpetrators, such as these four, to justice.”

“Transnational criminal organizations continue to recklessly endanger the lives of individuals they smuggle for their own financial gain with no regard for human life,” said CBP Deputy Commissioner Troy Miller. “CBP supports Joint Task Force Alpha through information sharing and analysis from its frontline personnel and CBP’s National Targeting Center. That coordination is essential in identifying transnational criminal organizations and bringing human smugglers to justice.”

The indictments against Diego Alonzo, Martinez Gomez, Mateo Mateo and Gutierrez Castro and assistance provided by U.S. authorities to Guatemala law enforcement were coordinated under Joint Task Force Alpha (JTFA). JTFA was created by the Attorney General in June 2021 in partnership with the Department of Homeland Security (DHS), to strengthen the Department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other interagency law enforcement participants, and with foreign law enforcement partners, including El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations who have the most impact on the United States, and coordinated significant smuggling indictments and extradition efforts in U.S. Attorney’s Offices across the country. To date, JTFA’s work with its partners has resulted in criminal charges and over a hundred domestic and international arrests, including against leaders, organizers and significant facilitators of human smuggling activities; several dozen convictions; significant jail sentences imposed; and substantial asset forfeiture. JTFA is comprised of detailees from southwest border U.S. Attorney’s Offices, including the Southern District of Texas, the Western District of Texas, the District of Arizona, and the Southern District of California, and dedicated support for the program is also provided by numerous components of the Criminal Division that are part of JTFA – led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance, and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration (DEA), and other partners.

HSI Midland led U.S. investigative efforts, working in concert with HSI Guatemala, and the HSI Human Smuggling Unit in Washington, D.C. HSI received substantial assistance from U.S. Immigration and Customs (ICE)’s Enforcement and Removal Operations, U.S. Customs and Border Protection’s National Targeting Center/Operation Sentinel; U.S. Border Patrol, the U.S. Marshals Service, the Odessa and Midland Police Departments; the Texas Department of Public Safety; and the Ector County, Midland County, and Crane County Sherriff’s Offices.  HRSP, OIA, and OPDAT provided significant assistance in this matter. The Department of Justice thanks Guatemalan law enforcement, who were instrumental in furthering this investigation.

The case is being handled by JTFA Deputy Director James Hepburn of HRSP, Assistant U.S. Attorneys Adrian Gallegos and Jose Luis Acosta of the WDTX and JTFA, and Assistant U.S. Attorney John Fedock of WDTX, with assistance from HRSP Historian/Latin America Specialist Joanna Crandall.

The charges contained in an indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Security News: Current and Former Louisville, Kentucky Police Officers Charged with Federal Crimes Related to Death of Breonna Taylor

Source: United States Department of Justice

Charges Include Federal Civil Rights Offenses, Unlawful Conspiracies, Obstruction Offenses, and Use of Excessive Force

A federal grand jury in Louisville, Kentucky, returned two indictments that were unsealed today, and the Department of Justice filed a third charging document today, in connection with an investigation into the circumstances surrounding the death of Breonna Taylor, a 26-year-old woman who was shot and killed in her Louisville home on March 13, 2020, by police officers executing a search warrant.

“The Justice Department has charged four current and former Louisville Metro Police Department officers with federal crimes related to Breonna Taylor’s death,” said Attorney General Merrick B. Garland. “Among other things, the federal charges announced today allege that members of LMPD’s Place-Based Investigations Unit falsified the affidavit used to obtain the search warrant of Ms. Taylor’s home, that this act violated federal civil rights laws, and that those violations resulted in Ms. Taylor’s death. Breonna Taylor should be alive today. The Justice Department is committed to defending and protecting the civil rights of every person in this country.  That was this Department’s founding purpose, and it remains our urgent mission.”

“On March 13, 2020, Breonna Taylor should have awakened in her home as usual, but tragically she did not,” said Assistant Attorney General Kristen Clarke. “Since the founding of our nation, the Bill of Rights to the United States Constitution has guaranteed that all people have a right to be secure in their homes, free from false warrants, unreasonable searches and the use of unjustifiable and excessive force by the police. These indictments reflect the Justice Department’s commitment to preserving the integrity of the criminal justice system and to protecting the constitutional rights of every American.”

The first indictment charges former Louisville Metro Police Department (LMPD) Detective Joshua Jaynes, 40, and current LMPD Sergeant Kyle Meany, 35, with federal civil rights and obstruction offenses for their roles in preparing and approving a false search warrant affidavit that resulted in Taylor’s death. The second indictment charges former LMPD Detective Brett Hankison, 46, with civil rights offenses for firing his service weapon into Taylor’s apartment through a covered window and covered glass door. The third charging document — an information filed by the Department of Justice — charges LMPD Detective Kelly Goodlett with conspiring with Jaynes to falsify the search warrant for Taylor’s home and to cover up their actions afterward.

The first indictment — charging Jaynes and Meany in connection with the allegedly false warrant — contains four counts. Count One charges that Jaynes and Meany, while acting in their official capacities as officers, willfully deprived Taylor of her constitutional rights by drafting and approving a false affidavit to obtain a search warrant for Taylor’s home. The indictment alleges that Jaynes and Meany knew that the affidavit contained false and misleading statements, omitted material facts, relied on stale information, and was not supported by probable cause.  The indictment also alleges that Jaynes and Meany knew that the execution of the search warrant would be carried out by armed LMPD officers, and could create a dangerous situation both for those officers and for anyone who happened to be in Taylor’s home. According to the charges, the officers tasked with executing the warrant were not involved in drafting the warrant affidavit and were not aware that it was false. This count alleges that the offense resulted in Taylor’s death.

Count Two charges Jaynes with conspiracy, for agreeing with another detective to cover up the false warrant affidavit after Taylor’s death by drafting a false investigative letter and making false statements to criminal investigators. Count Three charges Jaynes with falsifying a report with the intent to impede a criminal investigation into Taylor’s death. Count Four charges Meany with making a false statement to federal investigators. 

The second indictment —against Hankison — includes two civil rights charges alleging that Hankison willfully used unconstitutionally excessive force, while acting in his official capacity as an officer, when he fired his service weapon into Taylor’s apartment through a covered window and covered glass door. Count One charges him with depriving Taylor and a person staying with Taylor in her apartment of their constitutional rights by firing shots through a bedroom window that was covered with blinds and a blackout curtain. Count Two charges Hankison with depriving three of Taylor’s neighbors of their constitutional rights by firing shots through a sliding glass door that was covered with blinds and a curtain; the indictment alleges that several of Hankison’s bullets traveled through the wall of Taylor’s home and into the apartment unit occupied by her neighbors. Both counts allege that Hankison used a dangerous weapon, and that his conduct involved an attempt to kill.

The information charging Goodlett with conspiracy contains one count. It charges Goodlett with conspiring with Jaynes to falsify the warrant affidavit for Taylor’s home, and file a false report to cover up the false affidavit.

All of the civil rights charges involve alleged violations of Title 18, United States Code, Section 242, which makes it a crime for an official acting under color of law — meaning an official who is using or abusing authority given to that person by the government — to willfully violate a person’s constitutional rights. A violation of this statute carries a statutory maximum sentence of life imprisonment where the violation results in death or involves an attempt to kill.  The obstruction counts charged in the indictments carry a statutory maximum sentence of 20 years; and the conspiracy counts carry a statutory maximum sentence of five years, as does the false-statements charge. Actual sentences, in case of conviction, are determined by a judge.

The charges announced today are separate from the Justice Department’s Civil Rights Division’s pattern or practice investigation into Louisville Metro Government and the Louisville Metro Police Department, which Attorney General Garland announced on April 26, 2021. The charges announced today are criminal against individual officers, while the ongoing pattern or practice investigation is a civil investigation that is examining allegations of systemic violations of the Constitution and federal law by LMPD and Louisville Metro. The civil pattern or practice investigation is being handled independently from the criminal case by a different team of career staff.

The charges announced today are also separate from the charges previously filed by the Commonwealth of Kentucky against Hankison related to the shooting at Taylor’s home. The federal charges allege violations of the U.S. Constitution, rather than of state law. The federal charges also allege excessive use of force with respect to Taylor and a person staying in her apartment; violations not included in the Commonwealth’s case.

These federal cases were investigated by the FBI Louisville Field Office. Trial Attorneys Michael J. Songer and Anna Gotfryd of the Civil Rights Division are prosecuting the cases with Assistant U.S. Attorney Zachary Dembo of  the Eastern District of Kentucky.

An indictment or an information is merely a formal allegation of criminal conduct.  The defendants are presumed innocent unless and until they are proven guilty beyond a reasonable doubt in a court of law.