Month: January 2023

Source: United States Department of Justice News

Good afternoon.

I am here today to announce the appointment of Robert Hur as a Special Counsel, pursuant to Department of Justice regulations governing such matters. In keeping with those regulations, I have today notified the designated members of each House of Congress of the appointment.   

I am joined today by John Lausch, the U.S. Attorney for the Northern District of Illinois, who conducted the initial investigation into the matter that I will describe today. 

On the evening of November 4, 2022, the National Archives Office of Inspector General contacted a prosecutor at the Department of Justice. It informed him that the White House [Counsel] had notified the Archives that documents bearing classification markings were identified at the office of the Penn Biden Center for Diplomacy and Global Engagement, located in Washington, D.C. That office was not authorized for storage of classified documents. The prosecutor was also advised that those documents had been secured in an Archives facility.

On November 9, the FBI commenced an assessment, consistent with standard protocols, to understand whether classified information had been mishandled in violation of federal law. 

On November 14, pursuant to Section 600.2(b) of the Special Counsel regulations, I assigned U.S. Attorney Lausch to conduct an initial investigation to inform my decision whether to appoint a Special Counsel. 

Mr. Lausch has served as the U.S. Attorney in Chicago since 2017. Before that, he spent more than a decade as an Assistant U.S. Attorney in that same office. I selected him to conduct the initial investigation because I was confident his experience would ensure that it would be done professionally and expeditiously.

On December 20, President Biden’s personal counsel informed Mr. Lausch that additional documents bearing classification markings were identified in the garage of the President’s private residence in Wilmington, Delaware. President Biden’s counsel informed Mr. Lausch that those documents were among other records from the period of the President’s service as Vice President. The FBI went to the location and secured those documents. 

On January 5, 2023, Mr. Lausch briefed me on the results of his initial investigation and advised me that further investigation by a Special Counsel was warranted. Based on Mr. Lausch’s initial investigation, I concluded that, under the Special Counsel regulations, it was in the public interest to appoint a Special Counsel.  In the days since, while Mr. Lausch continued the investigation, the Department identified Mr. Hur for appointment as Special Counsel.

This morning, President Biden’s personal counsel called Mr. Lausch and stated that an additional document bearing classification markings was identified at the President’s personal residence in Wilmington, Delaware. 

When I first contacted Mr. Lausch about this matter, he said he could lead the initial investigation but would be unable to accept any longer term assignment because he would be leaving the Department in early 2023 for the private sector. U.S. Attorney Lausch and his team of prosecutors and agents have conducted this initial investigation with professionalism and speed. I am grateful to them.

Earlier today, I signed an order appointing Robert Hur as Special Counsel for the matter I have just described. The document [order] authorizes him to investigate whether any person or entity violated the law in connection with this matter. The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department.

Mr. Hur has a long and distinguished career as a prosecutor. In 2003, he joined the Department’s Criminal Division, where he worked on counterterrorism, corporate fraud, and appellate matters. From 2007 until 2014, Mr. Hur served as an Assistant U.S. Attorney for the District of Maryland, where he prosecuted matters ranging from violent crime to financial fraud. In 2017, Mr. Hur rejoined the Department as the Principal Associate Deputy Attorney General. In 2018, he was nominated and confirmed to serve as the U.S. Attorney for the District of Maryland. As U.S. Attorney, he supervised some of the Department’s more important national security, public corruption, and other high-profile matters.

I will ensure that Mr. Hur receives all the resources he needs to conduct his work. 

As I have said before, I strongly believe that the normal processes of this Department can handle all investigations with integrity. But, under the regulations, the extraordinary circumstances here require the appointment of a Special Counsel for this matter.

This appointment underscores for the public the Department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law. 

I am confident that Mr. Hur will carry out his responsibility in an even-handed and urgent manner, and in accordance with the highest traditions of this Department. Thank you all.

Source: United States Department of Justice News

CHARLESTON, W.Va. – Robert Owen Johnson, 56, of Procious, was sentenced today to six years in prison, to be followed by five years of supervised release, for distribution of child pornography. Johnson must also register as a sex offender.

According to court documents and statements made in court, on February 20, 2021, Johnson used Facebook and his cell phone to distribute a video of child pornography to another Facebook user during a conversation. Johnson further admitted that between 2020 and 2021, he used this Facebook account to chat with individuals and to possess and distribute child pornography.

United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Kristin F. Scott prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-155.

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Source: United States Department of Justice News

Remarks as Delivered

Good morning. I am Kristen Clarke, Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice. It is my honor to be joined today with U.S. Attorney Martin Estrada for the Central District of California on the occasion of announcing a historic settlement in a matter that involves unlawful redlining. It is especially meaningful to be here at the historic Second Baptist Church in Los Angeles, California, just days before the federal holiday acknowledging the life and legacy of the Rev. Dr. Martin Luther King. It is in this same church that Dr. King in March 1968 preached one of his final sermons before his tragic assassination just a few days later on April 4, 1968.

Dr. King was a fierce and tireless advocate for a more just and equal society. And advancing fair housing was a critical aspect of Dr. King’s work. He fought for the rights of Black Americans who were openly excluded from living in certain areas. For example, he was a leader in the Chicago Freedom Movement and called for open housing to let Black people purchase homes wherever they could afford. Dr. King recognized the need for fair housing laws all over the country, recognizing that if the unfair and unjust barriers that prevented Black individuals and families from purchasing homes in any area they could financially afford were removed, they would gain access not only to improved housing, but also to better schools and greater job opportunities. He extensively lobbied for the passage of the federal Fair Housing Act, and when the legislation failed to pass Congress in 1967, Dr. King observed that “a bit of democracy” and “a bit of our commitment to justice died.” As such, it was only fitting that Congress finally did enact the Fair Housing Act immediately following Dr. King’s untimely death.

The Fair Housing Act, and its close analog, the Equal Credit Opportunity Act, are critically important tools that the Justice Department uses to  protect the civil rights of all people in this country. These two landmark laws outlaw discrimination in housing and in lending, including the practice of redlining communities of color. While housing and lending discrimination are less overt today than in 1968, they continue to exist. Today, we still find that some lenders intentionally avoid providing mortgage lending services to certain neighborhoods because of the race and/or national origin of the residents of those neighborhoods. Ending redlining is a critical step in our work to close the widening gaps in wealth between communities of color and others.

I am pleased to announce that we have secured a $31.25 million settlement with City National Bank to resolve allegations that City National redlined — or avoided providing mortgage lending services to — predominantly Black and Hispanic neighborhoods in the Los Angeles metropolitan area. Our complaint, filed in federal court today, alleges that City National’s actions violated the Fair Housing Act and the Equal Credit Opportunity Act. As set forth in the complaint, for many years City National has operated only one branch in majority-Black and Hispanic communities, has failed to employ any personnel responsible for generating mortgage loans in that one branch, and has significantly lagged behind its peer banks in terms of mortgage lending in majority-Black and Hispanic communities. This settlement is historic, marking the largest settlement ever secured by the Justice Department against a bank engaged in unlawful redlining. This settlement demonstrates our commitment to combating modern-day redlining and holding banks and other lenders accountable when they deny people of color equal access to lending opportunities. Under the terms of this agreement, City National will provide millions of dollars in relief to impacted communities in the Los Angeles metropolitan area, including through a nearly $30 million loan subsidy fund, which will provide loan assistance to residents of redlined neighborhoods. Through this agreement, we are sending a strong message to the financial industry that we will not stand for unlawful barriers in residential mortgage lending. We will not stand for unlawful modern-day redlining. We will not stand for economic injustice that denies Black and Hispanic communities access to the American dream of owning a home and strips them of the ability to generate wealth that might benefit future generations. U.S. Attorney Estrada, our partner in this matter, will discuss our complaint and the settlement in greater detail shortly.

Today’s announcement is part of the Justice Department’s Combating Redlining Initiative, which was announced by Attorney General Merrick B. Garland in October 2021.

The initiative represents the Justice Department’s most aggressive and coordinated effort to address redlining. We know that bold action must be taken to identify and eradicate redlining, and move closer to the goal of equal opportunity in our country. Since August 2021, the Civil Rights Division has resolved five redlining cases. Collectively, these settlements provide over $75 million in relief to borrowers, including $67 million in loan subsidy funds, in Houston, Memphis, Philadelphia, Newark, and today, Los Angeles. Never before has the department resolved five redlining cases in this timeframe, and with the extent of this financial relief for borrowers.

Through our redlining compliance work, we have observed that the provisions in our consent orders yield substantial benefits not just for impacted borrowers, but also for broader communities and for lenders. First, we are creating homeownership opportunities for borrowers, and especially borrowers of color. One of the biggest hurdles to buying a home is saving sufficient funds for the down payment. This is especially true as potential borrowers face the challenges of inflation. Another challenge is the impact of rising interest rates. The down payment and interest rate reduction provided through the subsidy funds in our settlements literally opens the doors of homeownership to qualified borrowers and puts them on a path to generate wealth.

Second, we are strengthening and developing partnerships between lenders and community organizations. Partnerships with community groups are often significant to both help lenders gain credibility in communities where they have not had a presence and to connect them with homeownership ready borrowers. Often times, these groups are essential in helping lenders assess the credit needs of a community and focus their efforts on increasing access to credit in underserved communities.

Third, we are increasing business opportunities for lenders. When lenders commit to serving underserved markets, they increase the number of profitable loans that can be made to qualified borrowers. They often go from trailing their peers to leading their peers in generating applications and originating loans in communities of color. Through strengthening their compliance management systems, they also are less likely to be investigated or sued for fair lending concerns.

I also want to acknowledge City National for working constructively with the Justice Department in reaching today’s settlement. Yesterday, City National announced the launch of national lending initiatives designed to support potential homebuyers and entrepreneurs in underserved communities. These Special Purpose Credit Programs, which will be offered in markets served by City National across the country, including California, Georgia, New York, Nevada, Tennessee, and Washington, D.C., will open doors of opportunity for individuals and communities that have often faced historic barriers and obstacles to lending opportunities. The Justice Department has encouraged lenders to consider developing special purpose credit programs to advance fair lending, and we strongly encourage other lenders to explore similar programs.

This settlement embodies Dr. Martin Luther King Jr.’s commitment to fighting economic injustice and ensuring that Black Americans and all communities of color are able to access the American dream and freely access the credit needed to purchase a home. Redlining is a practice from a bygone era, runs contrary to the principles of equity and justice and has no place in our economy today. This settlement should send a strong message to the financial industry that we expect lenders to serve all members of the community and that they will be held accountable when they fail to do so. We encourage all lenders to be more proactive in how they offer lending services and focus on providing greater access to credit in Black and Hispanic neighborhoods, and other communities of color, throughout the United States. The Justice Department will remain vigilant in the road ahead.

I will now turn it over to U.S. Attorney Estrada to provide more information about our resolution with City National Bank.

Source: United States Department of Justice News

Largest Redlining Settlement Agreement in Department History; Department’s Combating Redlining Initiative Secured Over $75 Million for Neighborhoods of Color to Date

Source: United States Department of Justice News

NEWARK, N.J. – A shipping company has agreed to pay $1.89 million to resolve allegations that it violated the False Claims Act by overbilling the United States for freight services that were never performed and improper markups, U.S. Attorney Philip R. Sellinger announced today.

Blue Water Shipping U.S. Inc. (Blue Water Shipping) had a contract in which it billed for freight forwarding services for foreign military sales, which were reimbursed by the United States. In the settlement announced today, Blue Water Shipping admits that an employee of the company, who has since been terminated, created a fake company to bill for freight services that were never actually performed, and which were ultimately reimbursed by the United States. The settlement also resolves allegations that Blue Water Shipping charged unallowable markups to the United States for inland transportation, and imports and exports of ocean and air freight. Blue Water Shipping has agreed to pay $1.89 million to resolve the investigations for the improper billings.

In conjunction with the investigation, Blue Water Shipping voluntarily disclosed facts to the investigators and cooperated with the investigation and prosecution of the former employee.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents of the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick Hegarty; and special agents of the United States Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to the settlement. 

The government is represented by Assistant U.S. Attorney Mark C. Orlowski of the U.S. Attorney’s Healthcare Fraud Unit in Newark.

The claims settled by this agreement are allegations only, and there has been no determination of liability.