Security News: Tankship Commercial Manager Convicted of Violation for Air Pollution

Source: United States Department of Justice

Ionian Management Inc. (IONIAN M), a New York-based company that commercially manages three vessels, including the M/T Ocean Princess, was sentenced yesterday in the District of the Virgin Islands before U.S. District Court Judge Wilma A. Lewis in St. Croix, after pleading guilty to a violation of the Act to Prevent Pollution from Ships. IONIAN M was sentenced to pay a fine of $250,000 and placed on probation for one year.

While vessels are operating within the U.S. Caribbean Emissions Control Area (ECA), they must not use fuel that exceeds 0.10% sulfur by weight to help protect air quality. Between Jan. 3, 2017, and July 10, 2018, the M/T Ocean Princess entered and operated within the ECA using fuel that contained excessive sulfur on twenty-six separate occasions. The fuel was petroleum cargo that had been transferred to the fuel tanks as authorized by IONIAN M. Once authorized, the crew of the M/T Ocean Princess transfered the higher sulfur fuel from the cargo tanks into the bunker tanks and use it to fuel the vessel, even though it exceeded the 0.10% sulfur by weight maximum.

U.S. Coast Guard inspectors boarded the M/T Ocean Princess on July 10, 2018, to conduct an inspection. During the inspection, the U.S. Coast Guard discovered the vessel’s use of fuel with an excessive sulfur content.

“The sentence imposed on this commercial vessel manager for intentionally violating environmental laws designed to protect the air quality of the United States sends a strong message that the United States will not tolerate such violations and will hold violators accountable,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.     

“The pristine beauty of our Virgin Island waters is one of our most precious resources, essential to our tourism and our fragile marine ecosystem,” said First Assistant U.S. Attorney John Kuhn for the District of the Virgin Islands. “Today’s sentencing of Ionian Management Inc. for its role in causing high sulfur fuel to be burned within the Caribbean Emissions Control Area, and here in the waters near St. Croix, sends a strong message to commercial managers of ships that such conduct will not be tolerated. To protect the territory of the Virgin Islands, we will continue to pursue criminal enforcement of environmental laws.”

“Ocean going vessels emit hazardous air pollutants or air toxics that are associated with adverse health effects impacting populations living near ports and coastlines,” said Special Agent in Charge Tyler Amon of EPA’s Criminal Enforcement Program in the Virgin Islands. “EPA, along with its law enforcement partners are committed to ensuring the shipping industry continues to comply with laws designed to protect air quality.”

“The results announced today send a strong message to anyone who seeks to take shortcuts and intentionally pollute our environment, and I couldn’t be prouder of the Coast Guard’s Resident Inspection Office in St. Croix and Sector San Juan marine inspectors who first identified the issue, as well as our Coast Guard Investigative Service agents who worked closely with the Environmental Protection Agency in San Juan to investigate this case,” said Rear Admiral Peter Brown, Commander of the Coast Guard, Seventh District. “We will continue to work with our Department of Justice and environmental protection partners to hold accountable any who put profit above the protection of our waters, beaches and the air above them for future generations.”

The M/T Ocean Princess was owned by Lily Shipping Ltd. and operated by Ionian Shipping and Trading, both Greece-domiciled companies. These two companies previously pleaded guilty to felony violations related to the use of non-compliant fuel and falsification of records and were sentenced to pay a combined criminal fine of $3,000,000, serve a three-year period of probation, and implement an Environmental Compliance Plan. The sentencing of Ionian M is the final chapter in this multi-year investigation and prosecution of the companies and individuals involved in the use of non-compliant, high-sulfur fuel in the operation and management of the M/T Ocean Princess.

The Coast Guard Investigative Service and the Environmental Protection Agency-Criminal Investigation Division conducted the investigation. Senior Trial Attorney Kenneth Nelson of the Environment and Natural Resource Division, Environmental Crimes Section, and Former Assistant U.S. Attorney Kim Chisholm and Assistant U.S. Attorney Daniel Huston for the District of the Virgin Islands prosecuted the case.

Security News: Former Georgia County Commissioner Convicted of Extortion

Source: United States Department of Justice News

A federal jury in Atlanta convicted a former commissioner of the DeKalb County Board of Commissioners today for extorting a DeKalb County subcontractor in connection with a $1.8 million contract.

According to court documents and evidence presented at trial, from about May 2014 to August 2014, Sharon Barnes Sutton, 63, of Stone Mountain, Georgia, demanded monthly payments of $500 from a subcontractor, later increasing her demand to $1,000 per month. The subcontractor made the first $500 payment in June 2014 at a restaurant in Decatur and the second $500 cash payment in July 2014 at Barnes Sutton’s residence. The FBI disrupted Barnes Sutton’s continued demands in August 2014. Separately, Barnes Sutton also accepted a $5,000 cash bribe from an FBI confidential source who had business before the DeKalb County Board of Commissioners.

Barnes Sutton was convicted of two counts of extortion. She is scheduled to be sentenced on Jan. 6, 2023 and faces a maximum penalty 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.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI Atlanta Field Office investigated the case.

Senior Litigation Counsel Victor R. Salgado and Trial Attorney Jordan Dickson of the Criminal Division’s Public Integrity Section (PIN) are prosecuting the case. Former PIN Trial Attorney Amanda Vaughn assisted in the prosecution.

Security News: Justice Department Announces Takedown of Nationwide Catalytic Converter Theft Ring

Source: United States Department of Justice News

The United States is seeking forfeiture of over $545 million in connection with this case

Federal, state, and local law enforcement partners from across the United States executed a nationwide, coordinated takedown today of leaders and associates of a national network of thieves, dealers, and processors for their roles in conspiracies involving stolen catalytic converters sold to a metal refinery for tens of millions of dollars.

Arrests, searches, and seizures took place in California, Oklahoma, Wyoming, Minnesota, New Jersey, New York, Nevada, North Carolina, and Virginia. In total, 21 individuals in five states have been arrested and/or charged for their roles in the conspiracy.

The 21 defendants are charged in two separate indictments that were unsealed today in the Eastern District of California and the Northern District of Oklahoma following extensive law enforcement arrest and search operations. In addition to the indictments, over 32 search warrants were executed, and law enforcement seized millions of dollars in assets, including homes, bank accounts, cash, and luxury vehicles.

“Amidst a rise in catalytic converter thefts across the country, the Justice Department has today carried out an operation arresting 21 defendants and executing 32 search warrants in a nation-wide takedown of a multimillion-dollar catalytic converter theft network,” said Attorney General Merrick B. Garland. “We will continue to work alongside our state and local partners to disrupt criminal conspiracies like this one that target the American people.”

“This national network of criminals hurt victims across the country,” said FBI Director Christopher Wray. “They made hundreds of millions of dollars in the process—on the backs of thousands of innocent car owners. Today’s charges showcase how the FBI and its partners act together to stop crimes that hurt all too many Americans.”

“With California’s higher emission standards, our community has become a hot bed for catalytic converter theft,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Last year approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounts for 37% of all catalytic converter theft claims nationwide. I am proud to announce that we have indicted nine people who are at the core of catalytic theft in our community and nationwide.”

“In Tulsa alone, more than 2,000 catalytic converters were stolen in the past year,” said U.S. Attorney Clint Johnson for the Northern District of Oklahoma. “Organized criminal activity, including the large-scale theft of catalytic converters, is costly to victims and too often places citizens and law enforcement in danger. The collective work conducted by federal prosecutors and more than 10 different law enforcement agencies led to the filing of charges in the Northern District of Oklahoma against 13 defendants operating an alleged catalytic converter theft operation.”

“The success of this national takedown highlights the importance and necessity of dynamic law enforcement partnerships that we foster at DHS every single day,” said Deputy Secretary John K. Tien of the Department of Homeland Security. “This calculated, cooperative whole-of-government approach across multiple states illustrates our commitment to protecting the homeland from those who seek to profit from sophisticated schemes. Homeland Security Investigations [HSI] will continue to focus its efforts on keeping these types of criminal elements off our streets while dismantling the groups behind these and other thefts.”

“Just like the precious metal inside every catalytic converter, there’s a money trail at the core of every criminal scheme,” said Chief Jim Lee of the IRS Criminal Investigation (IRS-CI). “Our IRS-CI special agents and partners are incredibly well-versed at unraveling financial trails, and this case is not unique. There are real victims here – friends, neighbors, and businesses – and our hope is that today’s arrests will deter similar criminal activity.” 

Catalytic Converters

Catalytic converters are a component of an automotive vehicle’s exhaust device that reduce the toxic gas and pollutants from a vehicle’s internal combustion engine into safe emissions. Catalytic converters use precious metals in their center, or “core”, and are regularly targeted for theft due to the high value of these metals, especially the precious metals palladium, platinum, and rhodium. Some of these precious metals are more valuable per ounce than gold and their value has been increasing in recent years. The black-market price for catalytic converters can be above $1,000 each, depending on the type of vehicle and what state it is from. They can be stolen in less than a minute. Additionally, catalytic converters often lack unique serial numbers, VIN information, or other distinctive identification features, making them difficult to trace to their lawful owner. Thus, the theft of catalytic converters has become increasingly popular because of their value, relative ease to steal, and their lack of identifying markings.

Eastern District of California Case

A federal grand jury in the Eastern District of California returned a 40‑count indictment charging nine defendants with conspiracy to transport stolen catalytic converters, conspiracy to commit money laundering, and other related charges.

According to court documents, brothers Tou Sue Vang, 31, and Andrew Vang, 27, and Monica Moua, 51, all of Sacramento, California, allegedly operated an unlicensed business from their personal residence in Sacramento where they bought stolen catalytic converters from local thieves and shipped them to DG Auto Parts LLC (DG Auto) in New Jersey for processing. The Vang family allegedly sold over $38 million in stolen catalytic converters to DG Auto.

Defendants Navin Khanna, aka Lovin Khanna, 39; Tinu Khanna, aka Gagan Khanna, 35; Daniel Dolan, 44; Chi Mo, aka David Mo, 37; Wright Louis Mosley, 50; and Ishu Lakra, 24, all of New Jersey, operated DG Auto in multiple locations in New Jersey. They knowingly purchased stolen catalytic converters and, through a “de-canning” process, extracted the precious metal powders from the catalytic core. DG Auto sold the precious metal powders it processed from California and elsewhere to a metal refinery for over $545 million.

Northern District of Oklahoma Case

A federal grand jury in the Northern District of Oklahoma returned a 40‑count indictment charging 13 defendants with conspiracy to receive stolen catalytic converters, conspiracy to commit money laundering, and other related charges.

According to court documents, together the defendants bought stolen catalytic converters from thieves on the street, then re-sold and shipped them to DG Auto in New Jersey for processing. Over the course of the conspiracy, defendant Tyler James Curtis received over $13 million in wired funds from DG Auto for the shipment of catalytic converters and received over $500,000 from Capital Cores for catalytic converters. Defendant Adam G. Sharkey received over $45 million in wired funds from DG Auto. And defendant Martynas Macerauskas received over $6 million in payments from DG Auto for catalytic converters. In all these incidents, most of the catalytic converters sold to DG Auto were stolen, and DG Auto knew or should have known that when they paid for them. 

The 13 defendants are Navin Khanna, 39, of Holmdel, New Jersey; Adam Sharkey, 26, of West Islip, New York; Robert Gary Sharkey, 57, of Babylon, New York; Tyler James Curtis, 26, of Wagoner, Oklahoma; Benjamin Robert Mansour, 24, of Bixby, Oklahoma; Reiss Nicole Biby, 24, of Wagoner, Oklahoma; Martynas Macerauskas, 28, of Leila Lake, Texas; Kristina McKay Macerauskas, 21, of Leila Lake, Texas; Parker Star Weavel, 25, of Tahlequah, Oklahoma; Shane Allen Minnick, 26, of Haskell, Oklahoma; Ryan David LaRue 29, of Broken Bow, Oklahoma; Brian Pate Thomas, 25, of Choteau, Oklahoma; and Michael Anthony Rhoden, 26, of Keifer, Oklahoma.

Trial Attorney Danbee C. Kim of the Criminal Division’s Organized Crime and Gang Section, Assistant U.S. Attorney Veronica M.A. Alegría for the Eastern District of California, and Assistant U.S. Attorneys Reagan Reininger and David Nasar for the Northern District of Oklahoma are prosecuting the cases.

The FBI Sacramento, IRS-CI Sacramento, HSI Tulsa, and IRS-CI Tulsa are investigating the cases.

FBI Las Vegas (NV), FBI Richmond (VA), FBI Charlotte (NC), FBI Newark (NJ), FBI Dallas (TX), HSI Dallas (TX), HSI Houston (TX), HSI Amarillo (TX), HSI St. Paul (MN), HSI Long Island (NY), HSI Newark (NJ), IRS-CI Chicago Field Office (IL), IRS-CI Oakland Field Office (CA), IRS-CI Dallas Field Office (TX), IRS-CI Newark Field Office (NJ), Tulsa Police Department (OK), Tulsa County Sheriff’s Office (OK), Oklahoma Highway Patrol (OK), Oklahoma Attorney General’s Office (OK), Wagoner County Sheriff’s Office (OK), Houston Police Department (TX), Amarillo Police Department (TX), Broken Arrow Police Department (OK), Sacramento County Sheriff’s Department (CA), Sacramento Police Department (CA), Davis Police Department (CA), Auburn Police Department (CA), Livermore Police Department (CA), San Bernardino County Sherriff’s Department (CA), Customs and Border Protection (NJ), Port Authority Police Department of New York and New Jersey (NY; NJ), Hudson County Sheriff’s Office (NJ), Monmouth County Prosecutor’s Office (NJ), Monmouth County Sheriff’s Office (NJ), Morris Township Police Department (NJ), Springfield Police Department (NJ), New Jersey State Police (NJ), Union County Prosecutor’s Office (NJ), Port Authority of NY & NJ (NY; NJ), Howell Police Department (NJ), Warren Township Police Department (NJ), Freehold Borough Police Department (NJ), Middletown Police Department (NJ), Marlboro Police Department (NJ), Manalapan Police Department (NJ), Ocean County Sheriff’s Office (NJ), Burlington Police Department (NJ), Willingboro Police Department (NJ), Waterfront Commission of NY Harbor (NY), Nassau County Police Department (NY), Suffolk County Police Department (NY), Las Vegas Metropolitan Police Department (NV), Greensville County Sheriff’s Office (VA), Emporia Police Department (VA), Brunswick County Sheriff’s Office (VA), Halifax County Sheriff’s Office (NC), Saint Paul Police Department (MN), Minnesota Commerce Fraud Bureau (MN), Blaine Police Department (MN), McLeod County Sheriff’s Office (MN), Anoka County Sheriff’s Office (MN), Carver County Sheriff’s Office (MN), Roseville Police Department (MN), Plymouth Police Department (MN), Bloomington Police Department (MN), Eagan Police Department (MN), Woodbury Police Department (MN), Brown County Sheriff’s Office (MN), Brooklyn Park Police Department (MN), Fridley Police Department (MN), Mendota Heights Police Department (MN), Chaska Police Department (MN), and Coon Rapids Police Department (MN) provided assistance.

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

GSA Announces Public Auction of 3.9 Acre Former U.S. Forest Service Administrative Site in Middlebury, Vermont

Source: United States General Services Administration

November 2, 2022

BOSTON – The U.S. General Services Administration (GSA), on behalf of the U.S. Forest Service, is offering a former Administrative Site for sale by online auction. The property is listed on GSA’s real property website (realestatesales.gov/) as Gateway to the Greens.

Property Details

The property is:

  • Located at 1129 State Route 7 South, Middlebury, VT 05753
  • Offered “AS IS” and “WHERE IS”

The 3.9-acre property is improved with:

  • Administrative building (1,792 square feet sf)
  • Workshop (2,160 sf)
  • Four bay garage (2,176 sf)
  • Butler Building (119 sf)
  • Gas and oil house (166 sf)
  • Lumber storage (102 sf)
  • Firewood storage (146 sf)

The property is serviced by municipal water and electricity. Wastewater is processed by a septic tank. The property is accessible from two entrances located on State Route 7, and is five minutes from Middlebury center, and one hour from Burlington VT.

For additional information, prospective bidders are encouraged to read the Invitation for Bids at: https://realestatesales.gov/ATTACHMENT/REGNB/BOSTN/MiddleburyIFB.pdf

Prospective bidders can view a video of the property at: https://youtu.be/Yu5GuUbOboY

Auction Details

The auction opened on November 2, 2022, at 09:00 a.m. CT.

Those interested in bidding are required to register in advance and submit a $5,000 registration deposit. The starting bid will be $125,000 and bid increments will be $2,000.

Potential bidders are invited, urged and cautioned to inspect the property prior to registering and submitting a bid. Inspection dates will be posted to the website and coordinated with the GSA Project Manager Anthony Barbati.

For additional details and inquiries regarding the Property and inspection dates please contact:

Anthony Barbati
Phone: 617-459-6776
Fax: 617-565-5720
Anthony.Barbati@gsa.gov

For questions regarding payment, contact the following sales office:

New England Region
10 Causeway Street
11th Floor
Boston, MA 02222
Phone: 617-565-5700

The marketing and sales effort is being handled by GSA’s New England Region Real Property Utilization and Disposal Division. The division provides realty services to federal agencies throughout the region, as well as in New Jersey, New York, Ohio, Indiana, Illinois, Michigan, Minnesota, Wisconsin, Puerto Rico and the U.S. Virgin Islands.

About GSA:

GSA provides centralized procurement and shared services for the federal government, managing a nationwide real estate portfolio of nearly 370 million rentable square feet, overseeing approximately $75 billion in annual contracts, and delivering technology services that serve millions of people across dozens of federal agencies. GSA’s mission is to deliver the best customer experience and value in real estate, acquisition, and technology services to the government and the American people. For more information, visit GSA.gov and follow us at @USGSA.

Security News: Federal Jury Vindicates Navy’s Merit Selection Promotion Process, Rejects Allegations of Discrimination

Source: United States Department of Justice News

Assistant U. S. Attorney Morgan Suder (619) 546-8819 and Betsey Boutelle (619) 546-8764  

NEWS RELEASE SUMMARY – November 2, 2022

SAN DIEGO – A federal jury has returned a unanimous verdict on Thursday in favor of the United States, rejecting allegations that the Navy wrongfully discriminated in selecting a Hispanic applicant over a Caucasian applicant for a supervisory engineering position in 2018. 

The dispute focused on the process for promoting civilian engineers at Fleet Readiness Center Southwest (“FRCSW”), which supports the nation’s aviation warfighters through overhaul, repair, and maintenance of Navy and Marine Corps front line tactical, logistical, and rotary-wing aircraft and their components. In 2018, FRCSW posted a vacancy announcement for a Supervisory Electronics Engineer, a high-level supervisory position requiring excellent communication, problem-solving, and collaboration skills. The plaintiff, Brett Gardner, one of three internal applicants, was not selected.  Gardner then initiated administrative proceedings, alleging that the selecting official, a Hispanic woman, discriminated against him based on race.  Two years later, the plaintiff voluntarily left the Navy to start a consulting business.

Following a lengthy administrative process and two years of litigation in U.S. District Court, the case proceeded to trial before a jury on October 24, 2022.   During four days of evidence, multiple current and former FRCSW employees testified, about the thorough, unbiased process the Navy follows to ensure that promotion decisions are based on merit, not on impermissible factors such as race, ethnicity, national origin, sex, or disability.

During the 2018 promotion process, the selecting official—the department head of Avionics and Propulsion and Power—appointed a three-member advisory panel to evaluate the applicants.  One panel member served as EEO representative for the process, and he received additional EEO training immediately before the candidate interviews. 

The advisory panel members all testified that they independently reviewed and scored the applicants’ resumes, and that each candidate was asked the same five interview questions. The selecting official explained that she drafted the interview questions but gave the panel chairperson flexibility to modify them if desired. 

The three panel members all testified that they scored the candidates based on merit, and that the selected candidate outperformed the plaintiff in the interview process. They presented the scores and a recommendation to the selecting official, and she followed the panel’s recommendation.  Many witnesses testified about the selecting official, emphasizing that she makes promotion decisions based on qualifications, not on race or other impermissible factors. She had promoted numerous Navy engineers of many races over the past decades, and she did not consider race in any of those decisions.

After deliberating less than an hour, the jury of seven citizens returned a unanimous verdict for the Navy on October 27, 2022, rejecting the claims of racial discrimination. 

“The jury’s verdict confirms that the Navy’s process in this case was fair and merit-based,” said First Assistant U.S. Attorney Andrew Haden. Haden thanked the trial team for their excellent work on this case.

“Fleet Readiness Center Southwest takes its duty to eliminate discrimination seriously,” said Katerina Chau, attorney with the Office of Counsel, Fleet Readiness Center Southwest.  “We thank the jury for their time in hearing and considering the evidence in this important case.”

Case Number

Brett Gardner v. Secretary of the Navy, 20-cv-2172-MMA-RBB

SUMMARY OF CLAIMS

  1. Race Discrimination in Violation of Title VII of the Civil Rights Act (Unanimous Jury Verdict in favor of the Navy)
  2. Retaliation in Violation of Title VII of the Civil Rights Act (Summary Judgment entered for the Navy prior to trial)

AGENCY

Department of the Navy – Fleet Readiness Center Southwest