Month: January 2023

Source: United States Department of Justice News

The Justice Department announced today that Attorney General Merrick B. Garland has selected Tara Twomey to serve as Director of the U.S. Trustee Program (USTP) at the Department of Justice.

“The United States Trustee Program plays a critical role in ensuring the fairness of the bankruptcy process — including by providing impartial oversight and protecting consumer debtors from fraud and abuse,” said Attorney General Merrick B. Garland. “I am confident that Ms. Twomey’s leadership will advance USTP’s mission to promote the integrity and efficiency of the bankruptcy system for debtors, creditors, and the public.”

Ms. Twomey has over 20 years of experience working on bankruptcy and consumer credit issues. She currently serves as the Executive Director of the National Consumer Bankruptcy Rights Center, which advances the rights of consumer bankruptcy debtors. She is Of Counsel at the National Consumer Law Center, and serves as a member of the Judicial Conference Advisory Committee on Bankruptcy Rules. She is the author of numerous books and articles on bankruptcy law and practice, and has served as an instructor at Boston College Law School, Harvard Law School, and Stanford Law School. Ms. Twomey is a fellow of the American College of Bankruptcy, a conferee of the National Bankruptcy Conference, and a director of the National Association of Consumer Bankruptcy Attorneys. She earned her Bachelor of Arts in Political Science from the University of California, San Diego, and her Juris Doctor, summa cum laude, from Boston College Law School.

“Throughout her career as a practitioner, scholar, and teacher, Tara Twomey has been a leader in the bankruptcy bar and a passionate voice for making the bankruptcy system accessible to all,” said Associate Attorney General Vanita Gupta. “She will bring energy, experience, and judgment to her new role as USTP Director. I look forward to working with her in this new role.”

USTP is the only neutral party in the bankruptcy process, and brings a national perspective to every bankruptcy matter. USTP also plays a critical role in protecting consumer debtors against fraud and abuse. USTP consists of the Executive Office for U.S. Trustees, located in Washington, D.C., and 21 regions with 90 field offices throughout the country. The Director of USTP is responsible for leading approximately 1000 employees to implement USTP’s core mission to protect the integrity of the bankruptcy system.

Ms. Twomey will assume her duties on Feb. 27.

Source: United States Department of Justice News

The Justice Department announced today that it filed a complaint and proposed consent decree with the U.S. District Court for the Middle District of Tennessee, to resolve allegations that Cumberland County, Tennessee violated Title I of the Americans with Disabilities Act (ADA), which prohibits employers from discriminating based on disability. Among other things, it requires them to make reasonable accommodations to qualified employees with disabilities.

The lawsuit alleges that the County Sheriff’s Department discriminated against a correctional officer on the basis of his disability, opioid use disorder (OUD), by failing to make reasonable accommodations to permit his continued employment while taking prescribed medication for OUD. The Sheriff’s Department also constructively discharged him by forcing him to resign. The lawsuit also alleges that the Sheriff’s Department violated the ADA by preventing employees who are taking legally prescribed medications from having them present in their system while at work. This is the Justice Department’s first ADA settlement resolving claims of employment discrimination based on opioid use disorder.

“Employees with opioid use disorder or other disabilities should not face termination for taking lawfully prescribed medications needed to treat their disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring equal employment opportunities for people with opioid use disorder and other disabilities.”

Under the terms of the consent decree, which must be approved by the Court, the County will implement policies and procedures regarding non-discrimination in employment, and train personnel on the requirements of Title I of the ADA. The County will also pay a total of $160,000 to the former correctional officer. 

This matter is based on a referral from the Nashville Area Office of the U.S. Equal Employment Opportunity Commission, which conducted the initial investigation.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.

Source: United States Department of Justice News

Four former correctional officers at the Hawaii Community Correctional Center have been sentenced for their roles in the assault of an inmate and participation in a multi-year conspiracy to cover-up the abuse. 

Jordan DeMattos, 30, the youngest of the four officers involved, previously accepted responsibility for his crimes by pleading guilty, and testified against his co-defendants at a trial last Summer. He was sentenced to 12 months and one day in prison.

DeMattos’s co-defendants were found guilty during a joint trial of violating the rights of an inmate by assaulting him and lying to cover up the incident afterwards. The co-defendants have already been sentenced. Jonathan Taum, 50, the officer who supervised the beating and orchestrated the conspiracy to cover it up, was sentenced to 144 months in prison. Jason Tagaloa, 31, the officer who delivered the most vicious punches and kicks to the victim’s head, was sentenced to 96 months in prison. Craig Pinkney, 39, who struck the victim and held him down as Tagaloa punched and kicked him, was sentenced to 60 months in prison.

“Physical abuse and corruption by officials working inside jails and prisons is unacceptable, no matter where it occurs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will vigorously prosecute abusive officers to ensure that the civil rights of all people, including those in custody, are protected.”

According to court documents and evidence introduced at trial, on June 15, 2015, Sergeant Taum supervised Tagaloa, Pinkney and DeMattos while they transported an inmate across the facility. The inmate became frightened in the course of the transfer, and Taum’s fellow officers took the non-violent inmate to the ground and repeatedly punched and kicked him in the face, head, and body — breaking the inmate’s jaw, nose, and orbital socket. Thereafter, Taum led the officers in a cover-up conspiracy that included writing false reports, submitting false statements to internal affairs, and providing false testimony to disciplinary board members.

“This vicious assault on an incarcerated person justifies both the convictions and sentences,” said U.S. Attorney Clare E. Connors for the District of Hawaii. “As illustrated by this prosecution, we are committed to enforcing our nation’s civil rights laws.”

“These correctional officers were in a position of public trust and violated that trust not only by acts of violence against an inmate but also by attempting to cover it up,” said Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office. “The FBI will stop at nothing when investigating allegations of civil rights violations.”

The FBI Honolulu Field Office investigated the case. 

Assistant U.S. Attorney Craig Nolan for the District of Hawaii and Special Litigation Counsel Christopher Perras and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.

Source: United States Department of Justice News

ALEXANDRIA, Va. – A federal judge convicted a Round Hill man yesterday on charges of receipt of child pornography and attempted destruction of evidence.

According to court records and evidence presented at trial, from at least November 2019 through January 2022, Max Christian Frear, 35, used a peer-to-peer file-sharing program to receive child pornography. When the FBI executed a search of the defendant’s home, law enforcement found a damaged computer storage device in Frear’s toilet. The evidence showed that Frear tried to destroy the storage device by dunking it in liquid for his 3D printer, breaking it in half, and attempting to flush it down the toilet. The FBI was able to recover and examine the storage device, which contained 84 videos and more than 5,600 images depicting child sexual abuse. Many of those files depicted the sexual abuse of prepubescent minor victims, including infants and toddlers. 

Frear faces a mandatory‑minimum penalty of 5 years in prison and a maximum penalty of 20 years in prison when sentenced on May 26. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office, made the announcement after Senior U.S. District Judge Claude M. Hilton rendered the verdict.

Assistant U.S. Attorney Lauren Halper and Trial Attorney Rachel Rothberg of the Department of Justice’s Criminal Division Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.

Tis case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:22-cr-183.

Source: United States Department of Justice News

NEWARK, N.J. – A New Jersey tax preparer and an Arizona man were charged for their roles in conspiracies to commit wire fraud and defraud the IRS, and for aggravated identity theft, U.S. Attorney Philip R. Sellinger announced today.

Omar Khater, 32, of Fairfield, New Jersey, and Walid Khater, 37, of Mesa, Arizona, are each charged by complaint with one count of conspiracy to commit wire fraud and one count of conspiracy to defraud the IRS, and one count of aggravated identity theft. Omar Khater is scheduled to make his initial appearance before U.S. Magistrate Judge Andre M. Espinosa in Newark federal court. Walid Khater is expected to appear on Jan. 19, 2023, before a U.S. Magistrate Judge in federal court in Arizona.

According to documents filed in this case and statements made in court:

Omar and Walid Khater were relatives who worked together and with others to steal victims’ identities, which they used to file false tax returns and fraudulently receive tax refunds from the IRS. They electronically submitted tax documents to the IRS falsely claiming that the individual taxpayers listed on those documents had earned certain income or won thousands – and in some cases millions – of dollars in gambling and lottery winnings. The false filings also claimed tax withholdings on the purported income or gambling winnings that entitled the tax filer to refund payments from the IRS. The Khaters and others typically submitted these fraudulent tax filings using the names and personal identifying information of victims without the victims’ knowledge or permission. The fraudulent filings caused the IRS to pay $4.49 million in tax refunds, the Khaters and others directed to various bank accounts that they controlled. 

The wire fraud conspiracy count is punishable by a maximum of 20 years in prison; the count of conspiracy to defraud the IRS is punishable by a maximum of five years in prison; and each count aggravated identity theft carries a mandatory sentence of two years in prison, to run consecutively to any term of imprisonment on the underlying felony.

U.S. Attorney Sellinger credited special agents of the IRS-Criminal Investigation, Newark Field Office, under the direction of Acting Special Agent in Charge Tammy Tomlins, and special agents of FBI-Newark, under the direction of Special Agent in Charge James E. Dennehy with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorneys Fatime M. Cano of the Economic Crimes Unit and Katherine M. Romano of the Health Care Fraud Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.