Month: September 2022

Source: United States Department of Justice News

U.S. District Court Judge John T. Fowlkes Jr. of the Western District of Tennessee today sentenced DiAne Gordon, 61, of Memphis, Tennessee, to 36 months in prison followed by two years’ supervised release in connection with her fabrication of discharge monitoring reports required under the Clean Water Act and the submission of those fraudulent documents to state regulators in Tennessee and Mississippi. The court further ordered Gordon to pay restitution in the amount of $222,388. On the fraud count, Gordon was sentenced to 26 months in prison, and she received an additional 10 months’ incarceration on the related probation revocation for having engaged in the criminal conduct while on supervision. 

According to court documents and information in the public record, Gordon was the co-owner and chief executive officer of Environmental Compliance and Testing (ECT). ECT held itself out to the public as a full-service environmental consulting firm and offered, among other things, sampling and testing of stormwater, process water and wastewater. 

Customers, typically concrete companies, hired ECT to take samples and analyze them in a manner consistent with Clean Water Act permit requirements. Gordon claimed to gather and send the samples to a full-service environmental testing laboratory. The alleged results were memorialized in lab reports and chain of custody forms submitted to two state agencies, Mississippi Department of Environmental Quality (MDEQ) and the Tennessee Department of Environment and Conservation (TDEC), to satisfy permit requirements. In reality, Gordon fabricated the test results and related reports. She even forged documents from a reputable testing laboratory in furtherance of her crime. Gordon then billed her clients for the sampling and analysis. Law enforcement and regulators quickly determined that Gordon created and submitted, or caused to be submitted, at least 405 false lab reports and chain of custody forms from her company in Memphis to state regulators since 2017. 

“Today’s sentence appropriately reflects the harm caused by Gordon’s betrayal of her position of trust and her fraud upon her customers, the regulatory authorities, and the citizens of Tennessee and Mississippi,” said Assistant Attorney Todd Kim of the Justice Department’s Environment and Natural Resources Division.   

“The Clean Water Act ensures that water quality is maintained throughout the United States,” said U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. “Correct and accurate test results of discharges into rivers and stream and the honest reporting of those results to regulatory authorities are important parts of the Act’s regulatory framework. Without accurate test results and reporting of those results, the Clean Water Act will not work as Congress intended. Because honest reporting of this data is so important to the functioning of the Act, our office will vigorously prosecute individuals who falsely report test results.”

“Today’s sentence should be a reminder to those who choose to undermine the public’s confidence in our nation’s water quality for their own financial gain will be vigorously prosecuted,” said Special Agent in Charge Charles Carfagno of the Environmental Protection Agency Criminal Investigation Division’s (EPA-CID) Southeast Area Branch. “We commend the assistance of our state partners with the Mississippi Department of Environmental Quality and Tennessee Department of Environment and Conservation for their substantial assistance throughout this investigation.”

EPA-CID investigated the case. MDEQ and TDEC provided invaluable assistance to federal law enforcement officers.

Trial Attorney Banumathi Rangarajan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Dean DeCandia and Principal Deputy Criminal Chief Carroll Andre for the Western District of Tennessee prosecuted the case.

Source: United States Department of Justice 2

The Justice Department today intervened in a disability discrimination lawsuit brought by individuals with mobility disabilities against the City of San Juan, Puerto Rico under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s complaint alleges that San Juan fails to provide people with mobility disabilities equal access to the city’s public sidewalk system.

The department’s complaint alleges that there are widespread accessibility issues with San Juan’s sidewalks, including curb ramps that are cracked, too steep or nonexistent, and walkways that are uneven, too narrow, or obstructed by bollards, utility poles or other obstacles. The department’s allegations are based on findings by the Department of Transportation Federal Highway Administration’s Office of Civil Rights as well as corroborating evidence developed in a subsequent investigation conducted by the department.

Both San Juan and the plaintiffs consented to the department’s intervention in the proceedings. The department has already participated in productive discussions with the parties and hopes for San Juan’s continued cooperation in reaching a resolution that brings the city into compliance with the ADA and Section 504.

“The ADA’s employment, transportation, and public accommodation protections provide little benefit to people with mobility disabilities if they cannot safely navigate a city’s streets and sidewalks,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This lawsuit aims to ensure that San Juan meets its obligations under federal law to ensure that its public sidewalk system is accessible to people with disabilities.”

“The ADA and Section 504 require that individuals with disabilities have equal access to city sidewalks so that they can fully participate in community life,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We are committed to ensuring that San Juan takes the necessary steps to make its sidewalks, curb ramps and crosswalks accessible to all city residents and visitors, and confident that we can work with the city and the plaintiffs to secure a meaningful resolution of this civil action.”

The motion and complaint seeking intervention were jointly filed by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Puerto Rico. The department also previously filed a statement of interest in this matter.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800‑514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.

Source: United States Department of Justice News

Today in the Southern District of New York, Arwa Muthana, 30, of Hoover Alabama, pleaded guilty to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, a designated foreign terrorist organization. On Friday, her husband James Bradley, aka Abdullah, 21, of the Bronx, entered a guilty plea to the same charge.

According to court documents, Bradley and Muthana are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. Bradley expressed violent extremist views since at least 2019, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, Bradley stated to an undercover law enforcement officer (UC-1) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate. Bradley further expressed his desire to conduct a terrorist attack in the United States and discussed potentially attacking the U.S. Military Academy in West Point, New York. Bradley explained that if he could not leave the United States, he would do “something” in the United States instead, referring to carrying out an attack.

In June 2020, Bradley reaffirmed his interest to UC-1 in attacking a military base, and that doing so would be his contribution to the cause of jihad. In January 2021, Bradley mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (ROTC) cadets training. Bradley stated that he could use his truck in an attack, and that he along with Muthana could take all of the ROTC cadets “out.”

In late January 2021, Bradley married Muthana in an Islamic marriage ceremony. Beginning before and continuing after their marriage, Bradley and Muthana discussed, planned and ultimately attempted to travel to the Middle East together to join and fight with ISIS. In or about early March 2021, Bradley traveled from New York to Alabama to visit Muthana, and Bradley and Muthana traveled back to New York together, to travel from New York to join ISIS in the Middle East. Thereafter, Bradley raised the possibility of UC-1 helping Bradley and Muthana get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put Bradley in contact with a purported associate who could assist Bradley in making arrangements for Bradley and Muthana to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (UC-2).

Later in March 2021, Bradley met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” Bradley subsequently provided UC-2 $1,000 in cash as travel costs for Bradley and Muthana to take a cargo ship to Yemen. Bradley told UC-2 that he and Muthana both planned to be “fighting” after arriving in the Middle East. Bradley also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the former leader of ISIS.

On March 25, 2021, UC-2 told Bradley that the cargo ship would be leaving on March 31, from a seaport in Newark, New Jersey. Bradley praised Allah and confirmed he and Muthana planned to travel on the ship. On March 31, 2021, Bradley and Muthana met with UC-2 on the way to the seaport. During this meeting, Muthana confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. Bradley and Muthana were arrested as they walked on a gangplank to board the cargo ship. After Muthana was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the FBI seized from a bedroom previously used by Bradley what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.

In the months and years prior to their arrests, Bradley and Muthana also accessed, posted and distributed extremist online content, including materials indicative of their support for ISIS. Such material included Bradley’s postings of images of ISIS fighters, Usama Bin Laden, and terrorist attacks, and his distribution to UC-1 of videos of ISIS fighters, a 2020 stabbing attack against a New York City Police Department officer, and extremists shooting a uniformed soldier. Content on Muthana’s cellphone, which was searched pursuant to a court-authorized search warrant, included images of an ISIS flag with Arabic writing, firearms, ISIS propaganda, and quotations of the deceased extremist preacher and former al Qaeda in the Arabian Peninsula member Anwar al-Awlaki, including, for example, a copy of the cover of a book authored by al-Awlaki and titled “44 Ways to Support Jihad.”

Bradley and Muthana each pleaded guilty to one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Bradley is scheduled to be sentenced by Judge Engelmayer on Feb. 2, 2023, and Muthana is scheduled to be sentenced by Judge Engelmayer on Feb. 3, 2023.

The FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies investigated the case.

Assistant U.S. Attorneys Andrew J. Defilippis, Kaylan E. Lasky, and Jason A. Richman are prosecuting the case, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.