Security News: Justice Department Secures Settlement With Texas Harvesting Company to Resolve Immigration-Related Discrimination Claim

Source: United States Department of Justice

The Department of Justice today announced that it has reached a settlement agreement with A. Olivarez Harvesting LLC (Olivarez). The settlement resolves a claim that Olivarez discriminated against two U.S. citizens based on their citizenship status when it denied them crop harvesting positions it had promised them and instead filled the jobs with temporary visa workers through the Department of Labor’s H-2A program, in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA).

“Employers engage in unlawful discrimination against U.S. workers by giving an advantage to temporary visa workers because of their citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce the anti-discrimination provision of the INA to ensure that employers do not unlawfully deny employment to workers in the community because of their citizenship status, regardless of whether those workers are U.S. citizens or immigrants with permission to work in the United States.”

Based on its investigation, the department determined that Olivarez initially agreed to employ two brothers who are U.S. citizens to harvest corn, but then falsely told them that the harvesting work was no longer available and instead offered them warehouse jobs with a lower hourly wage. Olivarez employed only H-2A visa workers to do the harvesting work during that harvesting season. Under the H-2A visa program, employers are generally required to offer agricultural jobs to qualified U.S. workers before sponsoring and hiring temporary visa workers from another country. Failure to do so could run afoul of the anti-discrimination provision of the INA if the employer’s preference for the temporary visa workers over U.S. workers is based on immigration or citizenship status.

Under the terms of the settlement agreement, Olivarez will pay a civil penalty for the violation, offer back pay plus interest totaling $14,165.10 (combined total) to the two affected workers, post notices informing workers of their rights under the INA’s anti-discrimination provision, train its staff and be subject to departmental monitoring for three years.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation

Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid citizenship status discrimination on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.

Defense News: Maritime Expeditionary Security Group One Holds Change-of-Command

Source: United States Navy

Capt. Scott Tasin relieved Capt. Timothy Wilke in front of friends, family members, and MESG-1 personnel as part of an outdoor ceremony at the group’s headquarters.

Wilke took command of MESG-1 in April 2020. Under his leadership, three subordinate Maritime Expeditionary Security Squadrons and one forward-deployed detachment provided critical anti-terrorism and force protection capabilities throughout multiple geographic combatant commands. He also advocated collaboration between the three sea services, resulting in the first Coast Guard-lead Navy Task Group that employed blended Navy and Marine Corps teams.

“The award that was just presented highlighted what was said were my accomplishments while at the helm here, but clearly they are all of our accomplishments,” said Wilke. “…My role in all of this was simply thinking out loud on occasion and perhaps asking a few questions, and then letting you run with these items. You never held back in providing me feedback and you never hesitated on executing your tasking.”

Wilke is retiring from the Navy and expressed gratitude towards all his shipmates over the past 26 years.

“…It has been an absolute honor, the thrill and joy of my life to have served with and lead thousands of Sailors. You and they have made me laugh, cry, worry to no end, feel proud, comforted and protected. I am proud to have served with every one of you and them,” said Wilke.

Keynote speaker, Deputy Commander, Naval Surface Force U.S. Pacific Fleet, Rear Adm. Ted LeClair, said Wilke’s career is summed up by two words: “selfless service.”

LeClair also thanked Wilke and his family for the knowledge and experiences they imparted on other service members over the years.

“It’s fitting that we pay tribute to Tim and [wife] Kelly, and their large family. …I view this ceremony as a shipmate’s final gift to all of us,” said LeClair. “One final time we get to learn from them. We get to pause [and] reflect on serving in uniform. But, also renew and confirm our belief in that service.”

Tasin used his first address as commander to thank Wilke for his mentorship and service.

“It has been great working for you and the best way I could describe you is that you are a true officer and gentlemen,” said Tasin, who served the past year as MESG-1’s deputy commander.

Tasin also acknowledged the contributions of MESG-1 and its subordinate commands under Wilke.

“We at [MESG-1] will continue to be fascinated by their success,” said Tasin. “…Those Sailors seated beside you have the passion and sense of urgency to ensure our units are ready for major combat operations. We will be ready if and when the fight comes.”

The Maritime Expeditionary Security Force is a core Navy capability which reinforces blue water lethality by protecting port and harbor infrastructure, securing high value assets, and dominating in the littorals with maritime security operations.

Defense News: Driving To Inspire

Source: United States Navy

Men and women in uniforms. American flag flying high in the sky. Fierce competitors with their game faces on. This is a description of what Lt. Cmdr. Jesse Iwuji sees both on the racetrack and on his Navy Reserve drill weekends. Iwuji is a surface warfare officer in the Navy Reserve, and when he’s not serving his country, he is an Xfinity Series NASCAR driver.

Iwuji balances the unique demands of being a U.S. Navy Reserve Sailor and professional NASCAR driver every day. He served on active duty for seven years before deciding to follow his dreams and spend more time behind the wheel. Transferring from active duty to the Navy Reserve has given him the opportunity to pursue both of his passions.

“I wanted to have more time to work on my businesses and work up through the ranks of NASCAR,” said Iwuji. “Staying active duty would not have allowed me the amount of time necessary to do everything I wanted to do. I wanted to stay in the Reserve though, because it allowed me to keep one foot in the door and continue to serve and do my small part to keep our country free.”

Iwuji’s passion for cars and racing started in his childhood. While on active duty in San Diego California, he was finally able to afford his own race car. Chasing his passion, he took the car to drag strips and road courses throughout southern California, which inspired him to pursue professional racing, a family he officially entered in 2017.

“It’s been great working up the ranks of NASCAR but it has not been easy,” said Iwuji. “I am still learning at every level I go up, which means I will have many good days and many bad days — and sometimes more bad days than good — but it it’s all a learning process, and it’s a blessing to just even have the opportunity to be on track with these great competitors.”

Most NASCAR drivers have been racing since adolescence. Iwuji has only been racing for six years, making his climb to the Xfinity series all the more impressive to those inside the sport. With steadfast dedication, Iwuji climbed the tiers and ranks of NASCAR just as he has done in the Navy, while inspiring and leading those around him in both arenas.

“The similarities between NASCAR and the military are the teamwork side, engineering side, process and procedures side, communication side and competition,” said Iwuji. “There are not a lot of differences, but maybe one of the biggest differences is that in the military you are not just working with your fellow members because it is your job, you were working with them because of you are protecting their life and they are doing the same for you as well.”

Iwuji takes pride in his position to inspire, educate and lead Sailors, as well as civilians, to follow their dreams. In his spare time, he is also committed to steer students and service members toward hands-on opportunities in Science, technology, Engineering and Math (STEM) education.

“My best experiences in NASCAR have come from utilizing the platform I have as a team owner and driver to possibly affect people’s lives,” said Iwuji. “We have an opportunity to link STEM initiatives, and transitioning service member-based initiatives to help people advance their lives.”

Iwuji and his team recently hosted five Sailors from Navy Reserve Center (NRC) Birmingham to celebrate the achievements of Reserve Sailors around the fleet. Iwuji led the Sailors on a tour of the PIT, Paddock, and other intimate areas within the Talladega Superspeedway.

“It is always great hosting military personnel at the track to show them what life is like in NASCAR and to show them what possibilities are out there in the world outside of the military,” said Iwuji. “I want our service members to serve our country valiantly, but I also want them to know that there is a life outside of the military they can also be a part of simultaneously or once they transition out.”

NRC Birmingham Commanding Officer Lt. Cmdr. Christien Edwards has worked with Iwuji in the Navy and in his pit crew. He helped set up the opportunity for Iwuji to show his Sailors an up-close glimpse into the inner operations of NASCAR at the highest levels, to highlight translatable skills, gain insights and learn about teamwork.

“NASCAR is not too different than the Navy in terms of OPTEMPO and expected outcomes on tight schedules,” said Edwards. “The driver during the season is essentially like a mobilized Sailor. All items that went into the increased readiness and preparation of the drivers and teams, or units, are extremely congruent to what NRCs and operational units execute for mobilizations.”

The Sailors in attendance said they were inspired by Iwuji’s kindness, passion and dedication.

“Getting to meet Jesse and experience even just a portion of what he has accomplished in racing was absolutely incredible,” said Master-at-Arms 2nd Class Peyton Maret, assigned to NRC Birmingham. “He opened my eyes to all of the opportunities there are for Sailors who are willing to put in the work and strive for something big. It was truly humbling for me to hear about his journey and I left that day feeling inspired to be bold with my hopes for the future.”

Iwuji’s background as a Navy Sailor has now contributed to his success on the track, while his success in racing and businesses has continues to inspire many people in both the racing and Navy communities. While has successfully followed his NASCAR dreams and keeps striving for more every day, even while staying faithful to his Navy Reserve commitments, he offered advice for those in the military actively trying to pursue outside goals while still serving.

“Figure out a way to divide up the time you have so you can maximize your days,” said Iwuji. “There are 24 hours in a day, and you only need six or seven of those hours to sleep, and typically only need around eight or nine of those hours working your normal day job in the military unless you are deployed. So those other hours should be spent on your mind, body and goals.”

Iwuji said goal setting and time management are what set him up to become one of many Reserve Sailors who have propelled both their civilian and military careers, and he promised to continue to be an example to fellow Sailors on how to stay ready for whatever challenges lie over the horizon. 

“No one should ever make any excuse that they don’t have any time,” said Iwuji. “I was able to get the process started to go after my dreams and goals even while I was on deployment and I still do everything I need to do to make sure I’m good to go as a warfighter.”

Defense News: Stronger Indo-Pacific: Australian Geo-Spatial Intelligence Visits Naval Oceanography

Source: United States Navy

AGO’s visit to Naval Oceanography is in alignment with creation of the enhanced trilateral security partnership called “AUKUS”—referencing Australia, United Kingdom, and United States—focused on strengthening ability to support mutual security and defense interests in the Indo-Pacific region through information exchange. 

Recently, the U.S. Navy Chief of Naval Operations, Adm. Mike Gilday stated, “Australia is a great friend and our alliance is an anchor of peace and stability.”

Considering the current Era of Great Power Competition, the Indo-Pacific is a contentious and contested region, where strong western allied-partnerships can be a solution.

“Our two navies have worked together and fought together for more than 100 years and security cooperation has always been a cornerstone of our alliance…I look forward to the next 100 years working alongside the Royal Australian Navy.”

The U.S. and Australian Navy share interest in maintaining freedom of navigation, overflight, and other lawful uses of the sea, and continue to develop advanced, joint military capabilities, promoting security and stability in the Indo-Pacific region.

AGO’s group included: CDRE Stewart Dunne, Hydrographer to the Government of Australia and Director General of Maritime Geospatial, AGO and CDR Richard Mortimer, Assistant Director Maritime Domain GEOINT, AGO.

As key leadership in the Australian government, Dunne showed interest in gaining understanding of Naval Oceanography’s broad mission-set and relevant capabilities, focusing on hydrography, oceanography, and unmanned systems.

In turn, Naval Oceanography leadership presented areas of opportunity in collaborating with its Executive Steering Working Groups, to include: acoustics, oceanography and bathymetry.                                               
                                                                          
U.S–Australian relations date back to January 8, 1940, with U.S. recognition of Australian independence; bilateral defense ties and cooperation between both nations have spanned over 100-years—fighting side-by-side in every major conflict—since World War I.

AGO is the lead agency in geospatial data, information, and intelligence for Australian Department of Defence and National Intelligence Community (NIC). Through production and delivery of geospatial intelligence, AGO enables safety of navigation, planning, and conduct of operations, situational awareness, policy advice, and intelligence insights.

U.S. Naval Meteorology and Oceanography Command directs and oversees more than 2,500 globally-distributed military and civilian personnel who collect, process and exploit environmental information to assist Fleet and Joint Commanders in all warfare areas to make better decisions, based on assured environmental information, faster than the adversary.
 
 
 
 
 

Security News: Shelby County Woman Sentenced to More than Three Years in Prison for Stealing from HOAs and Employer

Source: United States Department of Justice News

BIRMINGHAM, Ala. – A Shelby County woman was sentenced yesterday for embezzling from her employer and the homeowners’ associations they managed, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp Jr.

United States District Judge Karon O. Bowdre sentenced Aimee Louise Statham, 47, of Chelsea, to 40 months in prison for wire fraud.  Statham pleaded guilty to the charge in April.

According to the plea agreement and evidence presented in advance of sentencing, between January 2018 and August 2021, Statham embezzled from her employer, Rouland Management Services (RMS), and the homeowners’ associations that RMS managed. Statham issued hundreds of unauthorized checks made payable to herself from the bank accounts of various HOAs, and she made unauthorized interbank electronic money transfers of funds between HOA bank accounts and RMS’ bank account, which she would then transfer to herself. To perpetuate and conceal her scheme, Statham altered the HOAs’ monthly bank statements by removing the unauthorized transactions. Statham used the stolen funds to feed her gambling addiction. The total loss exceeded $1.4 million.

“This defendant stole money from thousands of innocent homeowners for more than three years,” said U.S. Attorney Escalona. “I am hopeful that this sentence sends a message to our community that this office will not tolerate those who steal from innocent victims for personal gain.”

“For over three years Statham chose to steal money intended for the upkeep of neighborhoods to feed her gambling addiction,” SAC Sharp said. “She will now have over three years behind bars to think about the gamble she took. My advice: don’t bet against the FBI to bring you to justice.”

FBI investigated the case, with assistance from the Pelham Police Department and the United States Secret Service Cyber Fraud Task Force. Assistant U.S. Attorney Ryan Rummage  prosecuted the case.