Two Members of the Aryan Circle Sentenced for Attempted Murder

Source: United States Department of Justice News

Two members of the Aryan Circle were each sentenced today to 10 years in prison for their role in the attempted murder of an inmate that occurred while they were incarcerated at U.S. Penitentiary Yazoo City in Mississippi.

On Oct. 3, 2022, William Glenn Chunn, aka Big Head, 40, of Humble, Texas, and Aaron Matthew Rentfrow, aka Mongo, 42, of Fort Wayne, Indiana, were convicted at trial in the Southern District of Mississippi of violent crime in aid of racketeering (VICAR) attempted murder. Chunn was previously convicted at trial in the Eastern District of Texas of racketeering conspiracy and sentenced to life imprisonment for separate crimes.

According to court documents and evidence presented at trial, the Aryan Circle is a race-based and violent prison gang with members operating throughout the country, both inside and outside of prisons. The Aryan Circle enforces its rules and promotes discipline among its members, prospects, and associates through threats, intimidation, and acts of violence including, but not limited to, acts involving assault and murder. Members are required to follow the orders of higher-ranking members without question.

Evidence at trial demonstrated that on Aug. 17, 2017, Rentfrow beat and stabbed the victim to earn membership into the Aryan Circle. Chunn, one of the five-highest ranking Aryan Circle leaders in the nation, ordered the attack and targeted the victim because he believed the victim was homosexual. The victim sustained severe injuries from the attack, including rib fractures, a collapsed lung requiring a chest tube, multiple puncture wounds to the chest, and lacerations to the face and head.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi made the announcement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Prisons; and the Drug Enforcement Administration investigated the case.

Trial Attorneys Lakeita F. Rox-Love and Christina Taylor of the Criminal Division’s Organized Crime and Gang Section and Special Assistant U.S. Attorney Michael FiggsGanter for the Southern District of Mississippi prosecuted the case.

Justice Department Finds Louisiana Department of Public Safety and Corrections Violates the Constitution By Incarcerating People Beyond Their Release Dates

Source: United States Department of Justice News

The Justice Department announced today that it has concluded there is reasonable cause to believe that the Louisiana Department of Public Safety and Corrections (LDOC) routinely confines people in its custody past the dates when they are legally entitled to be released from custody, in violation of the Fourteenth Amendment. 

Specifically, the department concluded that: 1) LDOC denies individuals’ due process rights to timely release from incarceration; 2) LDOC’s failure to implement adequate policies and procedures causes systemic overdetentions; and 3) LDOC is deliberately indifferent to the systemic overdetention of people in its custody. For more than 10 years, LDOC has been on notice of its overdetention problem and has failed to take adequate measures to ensure timely releases of incarcerated individuals from its custody. Between January and April 2022 alone, 26.8% of the people released from LDOC’s custody were held past their release dates. Of those overdetained people, 24% were held over for at least 90 days, and the median number of days overdetained was 29. In just this four-month period, LDOC had to pay parish jails an estimated $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a year.  

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided LDOC with written notice of the supporting facts for these findings and the minimum remedial measures necessary to address them.

“The Constitution guarantees that people incarcerated in jails and prisons may not be detained beyond their release dates, and it is the fundamental duty of the State to ensure that all people in its custody are released on time,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of systemic violations by the Louisiana Department of Public Safety and Corrections that have resulted in the routine confinement of people far beyond the dates when they are legally entitled to be released. We are committed to taking action that will ensure that the civil rights of people held in Louisiana’s jails and prisons are protected. We stand ready to work with state officials to institute long overdue reforms.”

“Persons are legally incarcerated every day in America and are ordered by the court to serve certain sentences primarily for punishment, deterrence and rehabilitation purposes,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “This ultimately benefits the individual, society and the criminal justice system. There is an obligation both to incarcerated persons and the taxpayers not to keep someone incarcerated for longer than they should be. This can be costly from a physical and mental standpoint for the incarcerated individual and a waste of money for the taxpayer. Timely release is not only a legal obligation, but arguably of equal importance, a moral obligation. We look forward to working with the Louisiana Department of Corrections to ensure that it has the policy and tools going forward to prevent overdetention from reoccurring.”

“It is the job of the U.S. Department of Justice to protect the constitutional rights of every person, including individuals who are incarcerated,” said U.S. Attorney Ronald C. Gathe Jr. for the Middle District of Louisiana. “While all government agencies operate under constraints, that is no excuse for violating the rights of people who have served their sentences and are ready to start their lives anew. Federal law requires equal justice for all. My office is committed to enforcing that mandate.”

“Today’s findings demonstrate the Department of Justice’s commitment to hold accountable institutions entrusted to protect the rights of all citizens, including people within the Louisiana Department of Corrections,” said U.S. Attorney Duane Evans for the Eastern District of Louisiana. “Lawfully convicted people should not serve a day beyond their official designated release dates. Louisiana is wasting money on incarcerating people beyond their release dates and incurring legal expenses in defending lawsuits filed by the overdetained. We look forward to working with all affected parties to correct this problem.”

The Justice Department initiated the investigation in December 2020 under CRIPA, which authorizes the Department to take action to address a pattern or practice of deprivation of legal rights of individuals confined to state or local government-run correctional facilities.

Individuals with relevant information are encouraged to contact the Justice Department by phone at 1-833-492-0097, or by email at community.louisianadoc@usdoj.gov.

For more information about the Civil Rights Division and the Special Litigation Section, please visit: https://www.justice.gov/crt/special-litigation-section. You can also report civil rights violations to the Civil Rights Division by completing a complaint form available at: https://civilrights.justice.gov/.

Additional information about the Eastern, Middle, and Western U.S. Attorneys Offices is available at: https://www.justice.gov/usao-edla , https://www.justice.gov/usao-mdla , and https://www.justice.gov/usao-wdla

Levant Man Sentenced to 33 Months for Fraudulently Receiving $322,460 in Pandemic Relief Funds

Source: United States Department of Justice Criminal Division

BANGOR, Maine: A Levant man was sentenced today in U.S. District Court in Bangor for wire fraud and money laundering arising from his fraudulent receipt of Economic Injury Disaster Loan (EIDL) and Paycheck Protection Plan (PPP) funds.

U.S. District Judge Lance E. Walker sentenced Craig C. Franck, 40, to 33 months in prison followed by three years of supervised release. Franck pleaded guilty on August 16, 2022.

According to court records, Franck formerly owned CCF Acoustics LLC and CCF Acoustical Systems. Neither company was in business, generated income or had employees in 2020 or 2021. Franck received Maine unemployment insurance benefits over the same time frame. In July 2020, Franck was arrested on felony fraud charges in Florida. 

In the summer of 2020, Franck received $177,400 in EIDL funds after submitting two fraudulent loan applications to the U.S. Small Business Administration. In the applications, Franck made numerous false representations regarding CCF Acoustics LLC and CCF Acoustical Systems, misrepresented that the funds would be used to alleviate economic injury caused by the pandemic, and claimed that he was not subject to criminal charges. Franck illegally used the EIDL funds to retain a criminal defense attorney and post bail in his Florida criminal case. He also used the funds to purchase a pickup truck and pay for other personal expenses.

In March 2021, Franck received a $145,060 PPP loan after submitting a fraudulent loan application to a private lender. In support of the application, Franck provided false IRS documents and forged checking account statements. Franck illegally spent the PPP funds on a second vehicle, online retail purchases and living expenses, among other prohibited uses.

In imposing sentence, Judge Walker observed that Franck engaged in a cynical scheme amounting to “high tech pocket picking” and had displayed “an extraordinary amount of narcissism” in carrying out the pandemic fraud.

Homeland Security Investigations investigated the case.

Coronavirus Aid Relief and Economic Security (CARES) Act: The Coronavirus Aid Relief and Economic Security (CARES) Act is a federal law enacted on March 29, 2020. It was designed to provide emergency financial assistance to the millions of Americans who suffered economic effects resulting from the COVID-19 pandemic. The CARES Act made EIDL funding available to business owners negatively affected by the COVID19 pandemic. EIDL proceeds were funded by the SBA and disbursed by the U.S. Treasury. EIDLs could only be used to pay fixed debts, payroll, accounts payable and other bills that could have been paid had the COVID19 disaster not occurred.

Paycheck Protection Plan (PPP): Another source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and another $284 billion in December 2020. Businesses were required to use PPP loan proceeds for payroll costs, interest on mortgages, rent and utilities. The PPP allowed the interest and principal to be forgiven if businesses spent the proceeds on these expenses within a set period and used at least a certain percentage of the funds for payroll expenses.

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Acting Director Allison Randall of the Office on Violence Against Women Delivers Remarks at 2023 Strengthening Sovereign Responses to Sex Trafficking in Indian Country and Alaska

Source: United States Department of Justice News

Good morning! I am delighted to be with you all in New Orleans, the traditional and sacred homeland of the Chitimacha, Choctaw, Houma, and Biloxi peoples.

I believe it is crucial that we acknowledge the original, rightful and continuing stewards of this land. However, that acknowledgment means little if not accompanied by action following the leadership of Tribal advocates and survivors.

That is why it is so important for OVW to be here: to be guided by the voices of all who are here in this room today.

Our work is driven by the principle that we cannot end violence against American Indian and Alaska Native women without centering Tribal sovereignty. And all OVW’s work – not just our Tribal Affairs Division but all our grants and policies – are only effective when they are informed by Tribal leaders and designees.

In that vein, under the Violence Against Women Act – or VAWA – the Department of Justice, in coordination with the Department of the Interior and the Department of Health and Human Services, holds an annual government-to-government consultation with Tribal leaders on responding to violence against American Indian and Alaska Native women. OVW is honored to plan and host the consultation, which we held in Alaska for the first time ever last year.

Every year at consultation, we hear powerful and sometimes heartbreaking testimony from Tribal leaders and designees who are living through the unbearable devastation of losing a loved one – of not knowing if someone missing will ever return.

We cannot underestimate the role that sex trafficking has in these cases. Years ago, the Minnesota Indian Women’s Sexual Assault Coalition (MIWSAC) was the first to tell me about the shocking rates of sex trafficking in Indian Country: MIWSAC told me that girls were being recruited or even abducted while waiting for the bus. MIWSAC is still leading the way in documenting the problem and identifying strategies to stop it.

This year, we conducted site visits in Alaska, and we heard that Alaska Native youth who leave home for Anchorage are approached by traffickers within days of arriving. We heard about Alaska Native youth in foster care in Ketchikan who had been trafficked, though they wouldn’t have defined themselves as victims and needed culturally specific responses that met them where they were. And we heard about the role of fishing fleets and extractive industries in exacerbating sex trafficking.

Tribes need tools to address this.

Last year, VAWA was reauthorized and restored Tribes’ inherent sovereign jurisdiction to Tribes to prosecute non-Indian perpetrators of sex trafficking, among other offenses – including sexual violence and child abuse in the context of domestic violence – committed on Tribal lands.

The law also expands this jurisdiction to Alaska Native villages, who were left out of the previous legal framework. These victories for Tribal sovereignty are thanks to the determined advocacy of so many represented at this conference.

If you have ever doubted that your voice counts in Washington, just look at VAWA. People said it couldn’t be done but you made it happen.

And you worked for these historic wins because you are in community with those who are directly impacted. You yourselves are impacted. You are supporting survivors every day, and COVID-19 introduced an entirely new set of shifting circumstances for you to overcome.

So, I want to thank you not only for your work on VAWA 2022, but for being here today, and my special thanks to Nicole Matthews and everyone at MIWSAC, Men as Peacemakers, the Tribal Law and Policy Institute and Mending the Sacred Hoop for bringing us together for this incredibly important conference.

Addressing the disproportionately high rates of violence experienced by Indigenous people, including sexual violence and sex trafficking and relatedly, the high rates of Indigenous people who are missing, is a priority not just for OVW but for the entire Department of Justice.

The missing and murdered Indigenous persons – or MMIP – crisis requires trauma-informed, victim-centered responses from across the Department of Justice.

Last year, the Department launched an MMIP page with helpful resources for survivors and their loved ones, Tribal communities, law enforcement agencies and officers, and service providers. That can be found at justice.gov/Tribal/mmip.

But we know we have much more to do, and we are guided in that work by the words of Deputy Attorney General Lisa Monaco, in her directive creating a Justice Department Steering Committee to address the MMIP crisis, “The Department recognizes that challenges faced by Tribes are best met by Tribal solutions, and the Steering Committee should therefore make Tribal engagement the cornerstone of its work.” I want to reiterate, “the challenges faced by Tribes are best met by Tribal solutions.”

I serve on the Not Invisible Act Commission, and I am proud to see those Tribal solutions at the heart of the commission’s work.

But of course, those Tribal solutions need funding to succeed, and we want to support you. We want to invest in you and help you succeed once you get those federal funds. We are posting new grant solicitations – some are already online now – and I must encourage you to apply. Most of our grants prioritize Tribal organizations or Tribal governments in some way, so please look at all our available solicitations and not just the ones specific to Tribes. Information on our grants, purpose areas, and how to apply can all be found on our website, and we’ve brought informational material for you to take.

I’ve been an applicant and a grantee myself, so I know it’s not as easy as just saying “apply!” We are working hard to make applications simpler, and our Tribal Affairs Division has done great work to revise and streamline applications – particularly for our grants to support Tribes in implementing that newly broadened special Tribal criminal jurisdiction.

Another opportunity to build your own capacity and help OVW fund more Tribal organizations is to be a peer reviewer of grant applications. The peer review process involves active professionals from the field assessing applications against the criteria in the solicitation and selecting the best in the pool. When you serve as a peer reviewer, you get a behind-the-scenes look at how to be a successful applicant.

You also bring your unique expertise. You help ensure that applications from Tribes and Tribal organizations are being reviewed by people who understand those communities, by people from those very communities, by people who know what culturally specific services look like. You can visit OVW’s website for more information and fill out the recruitment form to submit via email.

I want to close by thanking the survivors in the audience. To everyone who has struggled and is here today to turn that pain into action: we see you. We stand with you. We will fight side by side with you. We are going to change the world together.

Thank you.

Justice Department Seeks to Shut Down Louisiana Tax Preparer

Source: United States Department of Justice News

The United States filed a complaint in the U.S. District Court for the Middle District of Louisiana seeking to bar a Louisiana tax return preparer and her business from assisting in the preparing of federal income tax returns for others.

The complaint alleges that Whylithia R. Robinson prepared and filed 2,629 federal income tax returns for customers though AAA Tax Service from 2019–2021. According to the complaint, Robinson displayed a pattern of filing tax returns during this period that understated the customer’s tax liabilities and overstated tax refunds by fabricating business losses, claiming false charitable donations, and/or falsely claiming education credits for customers who were not entitled to them.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers 10 tips to avoid tax season fraud and ways to safeguard their personal information.

In the past decade, the Department of Justice Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers.  Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page.  If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.