Month: September 2022

Source: United States Department of Justice News

Stole Information Relating to 12,000 Taxpayers from Tax Preparation Software Company

Source: United States Department of Justice News

 Four former supervisory and deputy correctional officers at the Valdosta State Prison in Valdosta, Georgia, were sentenced today in federal court in the Middle District of Georgia for their roles in orchestrating, administering and then seeking to conceal the beating of a handcuffed inmate in their custody. Lieutenant Geary Staten, 31, Sergeant Patrick Sharpe, 30, and Deputy Correctional Officers Brian Ford, 25, and Jamal Scott, 35, were each sentenced to periods of incarceration for their respective roles in the incident. Sharpe was also sentenced for beating a different inmate during a separate incident.

“These officers’ efforts to organize, execute, and then cover up a retaliatory assault on a handcuffed, compliant inmate are an egregious abuse of power,” said Assistant Attorney General Clarke for the Justice Department’s Civil Rights Division. “These sentences make clear that no one is above the law, and that when officers violate the civil rights of people under their supervision – through violence or obstruction – they will be held accountable.”

“This case serves as a reminder that individuals — no matter their status — will be held accountable for their crimes,” said U.S. Attorney Peter D. Leary of the Middle District of Georgia. “When sworn officers do violence against inmates, they damage society’s trust in law enforcement and tarnish the reputation of the many worthy individuals who accept the dangerous responsibility of policing our prisons.”

“By violating their oaths, these officers betrayed everyone in law enforcement who works the dangerous jobs behind prison walls,” said Special Agent in Charge Keri Farley for the FBI Atlanta Field Division. “These sentences should serve as a warning the FBI will always pursue charges against anyone who takes an oath but then lowers themselves to the same level as the criminals they are sworn to protect.”

According to court documents and statements made during the sentencing hearings, on Dec. 29, 2018, Sharpe, while on duty, instructed his subordinate officers – Ford and Scott – to assault a handcuffed inmate in retaliation for an earlier altercation between that inmate and a female officer at the prison. Specifically, Sharpe, along with Ford, Scott and several other correctional officers, escorted the handcuffed inmate to an outdoor area on the grounds of the prison for the purpose of assaulting him. Scott and Ford, carrying out a directive from Sharpe, took the inmate to the ground and struck him multiple times in the body. The inmate was handcuffed and compliant at the time of the assault. Following the assault, Staten, who was aware that officers had used unlawful force on the inmate, then took steps to conceal the offense, instead of reporting or otherwise notifying law enforcement. Specifically, Staten expressly directed the involved officers not to write any report regarding the unlawful use of force, and failed to write such a report himself, despite knowing such a report was required.

Sharpe was also sentenced in connection with a second incident, involving the beating of a different inmate that took place several months earlier. Specifically, on Sept. 24, 2018, while on duty as a correctional officer, Sharpe assaulted a handcuffed inmate in retaliation for an earlier interaction between the inmate and a different female officer. While escorting the inmate across the prison grounds, Sharpe wrapped a pair of handcuffs around his fist and punched the inmate three times – twice to the inmate’s face and once to the back of his head. As a result of the assault, the inmate briefly lost consciousness and suffered lacerations to his face and head. The inmate was restrained and compliant at the time of the assault.

At the sentencing hearing, the government noted the substantial assistance provided by Ford and Scott during the investigation, and requested that they receive a lesser sentence as a result of their notable willingness to take responsibility for their conduct and provide honest and helpful information concerning the incident. Federal District Court Judge Hugh Lawson sentenced Sharpe to 48 months in prison; Staten to 14 months in prison; Scott to 12 months in prison; and Ford to 12 months and a day in prison for their respective roles in the offense(s).

Assistant Attorney General Clarke, U.S. Attorney Leary and Special Agent in Charge Farley made the announcement.

The FBI and a local task-force-officer partner investigated the case. Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Justice Department’s Civil Rights Division prosecuted the case, with assistance from the U.S. Attorney’s Office for the Middle District of Georgia.

Source: United States Department of Justice News

A federal grand jury in Charleston, West Virginia returned an indictment today charging a Pineville man with willful failure to pay over employment taxes and obstructing the IRS’s collection efforts.

According to the indictment, Christopher J. Smyth operated Wyoming County’s Best Ambulance Service Inc., Stat Ambulance Service Inc., and Stat EMS LLC, all of which provided ambulance services in Wyoming County, West Virginia. Smyth allegedly was responsible for collecting and paying over to the IRS employment taxes withheld from the wages of the three companies’ employees. Even though he allegedly withheld these funds from the wages of Stat Ambulance Service’s employees, Smyth did not pay to the IRS the full employee withholdings or the full employer’s share. After the IRS imposed penalties against Smyth for not paying over these funds, he allegedly stopped operating Stat Ambulance Service and created Stat EMS in the name of a nominee owner. Smyth nonetheless allegedly continued operating the new ambulance business in the same manner as the previous company, and did not pay over to the IRS all of the employment taxes owed on behalf of the employees of Stat EMS.

After the IRS attempted to collect the unpaid employment taxes for Stat EMS, as well as the resulting penalties, Smyth allegedly attempted to obstruct the IRS’s efforts by making false and misleading statements. Specifically, the indictment charges that Smyth stated that he did not own Stat EMS and did not have a personal bank account. To further obstruct the IRS’s collection efforts, Smyth allegedly paid personal expenses from Stat EMS’s business bank accounts, transferred funds from Stat EMS to bank accounts he controlled, and diverted his own paychecks into a bank account titled in the name of another person.

Smyth will be scheduled to make his initial court appearance before the U.S. District Court for the Southern District of West Virginia at a future date. If convicted, Smyth faces a maximum sentence of five years in prison for each of four counts of willful failure to pay over employment taxes and three years in prison for obstructing the IRS. 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 William S. Thompson for the Southern District of West Virginia made the announcement.

IRS-Criminal Investigation is investigating the case.

Trial Attorneys Alexander Effendi and Andrew Ascencio of the Tax Division and Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia 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.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it will award more than $246 million in grants to American Indian and Alaska Native communities to improve public safety and serve crime victims. The announcement coincides with the 17th Annual Government-to-Government Violence Against Women Tribal Consultation, which is being held from Sept. 21st to 23rd in Anchorage, Alaska.

“Each year, this event serves as a necessary reminder of the violence perpetrated against women in Tribal communities across the country, as well as an important opportunity to confront this public safety crisis with the urgency it demands,” said Attorney General Merrick B. Garland. “The Justice Department remains committed to honoring our nation-to-nation partnerships and to making Tribal communities safer.” 

The purpose of this event is to solicit recommendations from Tribal leaders on administering Tribal funds and programs and enhancing the safety of American Indian and Alaska Native women from domestic and dating violence, sexual assault, homicide, stalking, and sex trafficking, along with strengthening the federal response to these crimes. The annual consultation, convened by the Office on Violence Against Women (OVW), is required by law to address the federal administration of Tribal grant funds and programs established under the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations. In addition to addressing violent crimes that disproportionately harm women and girls, the consultation will also focus on ways to improve access to local, regional, state, and federal crime information databases and criminal justice information systems.

More than four in five American Indian and Alaska Native adults have suffered some form of violence in their lifetime. This equates to nearly three million people who have experienced stalking, sexual violence or physical violence by intimate partners.

“With this 17th annual consultation, the first to be held in Alaska, the Department of Justice honors our special government-to-government relationship with Native leaders,” said Deputy Attorney General Lisa O. Monaco. “We also renew our commitment to listen to these leaders, the ones who know best how to make their communities safer. Together, we can make significant progress toward ending violence against women.”

“Ensuring access to justice for all is at the core of the Justice Department’s mission and is the key objective of multiple efforts across the Department,” said Associate Attorney General Vanita Gupta. “Although we have made progress in addressing domestic and sexual violence against people in Native communities, we know there is more work to be done and we are committed to doing it.”

The Tribal grant awards are designed to help enhance Tribal justice systems and strengthen law enforcement responses, improve the handling of child abuse cases, combat domestic and sexual violence, support Tribal youth programs, and fund an array of services for American Indian and Alaska Native crime victims. The awards are administered through OVW, the Office of Justice Programs (OJP), and the Office of Community Oriented Policing Services (COPS Office).

“Every day, these funds help Tribal governments, coalitions, advocates, and service providers meet survivors’ needs – and that is vital, due to the epidemic levels of violence that Indigenous communities face,” said OVW Acting Director Allison Randall. “Tribes know best what interventions will bring justice for survivors. We are honored to support Tribal communities as they implement strategies that align with community values and practices. Tribal grantees have told us that this funding changed the care they can provide and made a profound difference in survivors’ lives.” 

OVW will award $28.04 million to 30 grantees under its Tribal Governments Program, which enhances Tribes’ ability to respond to domestic violence, dating violence, sexual assault, stalking, and sex trafficking against Indian women, support survivor safety, and develop education and prevention strategies. To facilitate the development and operation of nonprofit, nongovernmental Tribal domestic violence and sexual assault coalitions, $6.38 million will be awarded to 19 grantees through the Tribal Coalitions Program.

OVW will also award seven grants totaling $3.67 million under the Tribal Sexual Assault Services Program, which supports projects to create, maintain, and expand services for sexual assault survivors provided by Tribes, Tribal organizations, and nonprofits within Tribal lands. Finally, under the Tribal Jurisdiction Program, four grants totaling $1.53 million will be awarded to Tribal governments to provide support and technical assistance in planning and implementing changes in their criminal justice systems to exercise special criminal jurisdiction and for expenses incurred in exercising the jurisdiction. 

OJP’s Office for Victims of Crime (OVC) has awarded more than $116 million through the Tribal Victim Services Set-Aside (TVSSA) to support the provision of services for crime victims in Tribal communities. Of special note is that FY 2022 TVSSA funding can now be used to help missing or murdered indigenous persons (MMIP) by providing services to the family members of MMIP victims; generating awareness of MMIP among community members in general as well as individual MMIP cases; and collaborating with Tribal, federal, and state and local officials to respond to MMIP cases. Another $2.95 million was awarded through OVC’s Project Beacon: Increasing Access to Services for Urban American Indian and Alaska Native Victims of Human Trafficking Program, created to increase the quantity and quality of victim-centered services available to assist Tribal victims of human trafficking in urban areas.

The Department also funded more than $6 million through OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking to help tribes comply with federal law on sex offender registration and notification. Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.

“It is through collaborations such as this that the Department of Justice is able to fully engage and connect with our Tribal partners, hearing directly from Tribal professionals about their challenges and the resources that would best help them meet those challenges,” said Office of Justice Programs Principal Deputy Assistant Attorney General Amy L. Solomon. “It’s a privilege to work hand-in-hand with Tribal leaders to strengthen public safety, improve victim services and sustain crime prevention and intervention efforts.”

More than $82.2 million was awarded under the Coordinated Tribal Assistance Solicitation, or CTAS, a streamlined application which helps tribes apply for Tribal-specific grant programs that enhance law enforcement and Tribal justice practices, expand victim services and support prevention and intervention. CTAS grants are administered by OJP ($54.49 million) and the COPS Office ($27.72 million).

“The COPS Office values our partnership with Tribal law enforcement and is pleased to announce these critical public safety grants,” said Acting Director Robert Chapman of the COPS Office. “Law enforcement across the country is experiencing challenges, and those challenges are particularly compounded for Tribal law enforcement. The awards announced today will help with recruitment and retention of law enforcement positions, and ensure those officers have the training and equipment needed to protect and serve their respective communities.”

Under CTAS, the COPS Office awarded $27.72 million through awards to 47 Tribes to expand the implementation of community policing and meet the most serious needs of law enforcement in Tribal nations through a broadened comprehensive program. The funding can be used to hire or re-hire full-time career law enforcement officers and village public safety officers as well as to procure basic equipment, technology, and training to assist in the initiation or enhancement of Tribal community policing efforts.

Source: United States Department of Justice News

The Department of Justice today announced that it entered into another four settlements to resolve claims that companies discriminated against non-U.S. citizens by posting job opportunities with unlawful citizenship status restrictions on college job recruiting platforms. These four agreements add to the department’s recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million.

“With these four new settlements, the department has now held 20 companies accountable this year for hiring discrimination against students based on their citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the law to ensure that job seekers — including lawful permanent residents, U.S. nationals, asylees and refugees — are not unlawfully excluded from job opportunities for which they are qualified.”

The department’s involvement in these matters began after a Georgia Institute of Technology (Georgia Tech) student, who was a lawful permanent resident at the time, filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section. The student’s complaint alleged that Capital One Bank restricted a paid internship opportunity only to U.S. citizens when it posted the job on a Georgia Tech job recruitment platform. During its investigation, the department learned about dozens of other facially discriminatory advertisements employers posted on Georgia Tech’s job recruiting platform as well as other platforms operated by colleges across the United States. The department proceeded to open investigations of the 20 employers with which it has already settled, and continues to investigate additional employers.

The department’s investigation found that each of the four companies posted at least one job announcement excluding non-U.S. citizens on an online job recruitment platform operated by Georgia Tech. Three of the companies — CarMax, Axis Analytics and Capital One Bank — also posted discriminatory advertisements on other college job platforms. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters.

The new settlements require the four companies — CarMax, Axis Analytics LLC (aka Axis Group), Capital One Bank and Walmart — to pay a total of $331,520 in civil penalties, depending on the number of discriminatory advertisements they posted. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. In addition to paying civil penalties, the four employers must also require their recruiting staff to undergo training on their obligations under the Immigration and Nationality Act’s (INA) anti-discrimination provision and to refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law. They will also ensure that their other recruiting practices and policies comply with the INA’s anti-discrimination provision.

The INA generally prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents from citizenship status discrimination in hiring, firing and recruitment or referral for a fee.

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. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. 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.