Associate Attorney General Vanita Gupta Delivers Remarks at the Office on Violence Against Women’s Teen Dating Violence Awareness Month Event

Source: United States Department of Justice Criminal Division

Good morning. Thank you for joining us, both in person and via livestream, for this important event marking Teen Dating Violence Awareness Month. I am grateful to MCSR and Jewish Women International for partnering with us to convene today’s program, and for their work in support of young people leading safe and violence-free lives. And thank you to Allison Randall and her team at the Office on Violence Against Women (or OVW) for organizing today’s event and leading the Justice Department’s work in this space.

In a recent study, one in eight U.S. high school students reported experiencing dating violence. Research shows that transgender, gay, lesbian, bisexual and nonbinary youths are victimized at the highest rates, meaning that teen dating violence disproportionately affects some of the most vulnerable young people in our country. It is the job of adults and those of us in the justice system to do everything we can to protect these teens and guide them toward healthy relationships.

Growing up in the world today comes with complex challenges and difficulties. COVID-19 caused unprecedented disruptions in young people’s lives. The internet, for all its benefits, brings a host of dangers that most of us who are adults now have little frame of reference for understanding. Those of us who grew up before smartphones sometimes draw a mental distinction between “online” interaction and “real life,” yet this distinction is increasingly obsolete. Social media connects us, but it also provides another mechanism for abuse and harassment. For better and for worse, the world is much wider and more accessible to this generation than ever before.

That’s why last summer, the White House launched a task force to combat online harassment and abuse. OVW and several other Justice Department components are key contributors to that effort. I am proud that the Justice Department and the federal government as a whole are working to understand and address these complex problems.

One example of the Justice Department’s work is the Consolidated Youth and Engaging Men grant program, which OVW oversees. That program supports projects across the nation to keep young people safe by providing the necessary tools to identify red flags in budding relationships and foster the leadership of teens in preventing violence. 

As a mother of two boys – one teenager and one not far behind – I see on a personal level the world kids today face. I try to impart to them the skills and empathy to navigate it – and, importantly, I listen. It is young people who are best equipped to understand their lived realities, and it is they who must lead. That is why in today’s program we are centering the voices of youth leaders.

Rather than speaking for the Justice Department, as speakers at events like this often do, our young guests are here to speak to us. I am excited to hear what they have to say.

San Antonio Man Arrested in Connection with Six National Chain Store Robberies

Source: United States Department of Justice News

SAN ANTONIO – A San Antonio man was arrested in San Antonio on Monday on federal criminal charges related to his alleged robbery of six national chain stores around San Antonio between Jan. 28 and 31, 2023.

Court documents allege that James Anthony Kirkwood, 68, is responsible for the robberies of two Dollar General stores; two Dollar Trees; a PetSmart; and a Big Lots, over a three-day period. He was arrested on February 6 and had remained in custody at the Bexar County Jail before the arrest on federal charges.

Kirkwood is charged with robbery interfering with interstate commerce. If convicted, he 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.

U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Fred J. Milanowski of the Bureau of Alcohol, Tobacco, Firearms and Explosives Houston Field Division made the announcement.

The ATF and San Antonio Police Department are investigating the case.

Assistant U.S. Attorney William Calve is prosecuting the case.

A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Insulation Contracting Firm Co-Owner Sentenced to Fifteen Months in Prison and Ordered to Pay more than $1 Million to Victims of Bid Rigging and Fraud

Source: United States Department of Justice News

Michael S. Flynn was sentenced on Feb. 10 in Bridgeport, Connecticut to fifteen months’ imprisonment and restitution of $1,062,155 for his participation in bid-rigging and fraud schemes targeting public and private entities in Connecticut. This is the seventh sentencing arising out of the investigation into the insulation contracting industry.

According to a guilty plea entered on May 1, 2019, the defendant conspired with other insulation contractors to rig bids and engage in fraud on contracts for installing insulation around pipes and ducts on construction projects at universities, hospitals, and other public and private entities in Connecticut. According to public court filings, the victims of the scheme included the University of Connecticut, the City of Hartford, PepsiCo. Inc., Stamford Hospital, and Yale University. The conspiracy ran for nearly seven years, beginning as early as June 2011 and continuing until as late as March 2018. Six other individuals and companies have pled guilty to criminal conduct arising out of this investigation. Flynn was the last of the seven defendants sentenced.

“Bid rigging and fraud are serious crimes with serious consequences,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “This sentence reflects the division’s commitment to seeking appropriate punishment for criminal antitrust violations and ensuring that victims of antitrust crimes are made whole.”

“This defendant’s collusive conduct victimized hospitals, universities and businesses throughout Connecticut,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This prison term and the penalties imposed on all individuals and companies involved in this scheme should deter others from engaging in such criminal, anti-competitive behavior. I thank the FBI, DCIS, and the Antitrust Division for their efforts in bringing these perpetrators to justice.”

“This fraud and deception of the public and commercial consumer has ended with this sentence,” said Acting Special Agent in Charge Jean Pierre Njock of the FBI New Haven Field Office. “We at the FBI along with our law enforcement partners will continue to pursue those that choose to engage in antitrust crimes.”

Flynn previously pleaded guilty to one count of bid rigging under Section 1 of the Sherman Antitrust Act and one count of conspiracy to commit wire fraud. Flynn was also ordered to pay a special assessment of $200.

This investigation was conducted by the Antitrust Division’s New York Office, the U.S. Attorney’s Office for the District of Connecticut, the FBI’s New Haven Division, and the DCIS’s New Haven Resident Agency.

In November 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant, and program funding at all levels of government – federal, state and local. For more information, visit https://www.justice.gov/procurement-collusion-strike-force.

Former Memphis, Tennessee, Police Officer Pleads Guilty to a Civil Rights Violation for Assaulting a Man in his Custody

Source: United States Department of Justice News

A former Memphis Police Department (MPD) officer pleaded guilty in federal court in the Western District of Tennessee to one felony count of deprivation of rights under color of law for assaulting an arrestee in January 2021.

According to the defendant’s admissions at the plea hearing, Armando Bustamante was working as an MPD officer in January 2021. While on duty, Bustamante struck a man in the head using his service weapon and his hands, without legal justification. Bustamante’s assault caused bodily injury to the man.

“This former Memphis police officer abused his authority by violently assaulting a man without basis,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Officers who willfully use excessive force without basis are not above the law and will be held accountable. Whether in Memphis or any corner of the country, the Justice Department stands ready to vigorously prosecute those law enforcement officers who defy the Constitution and violate people’s civil rights.”

“The United States cares deeply about violations of civil rights, here in Memphis and throughout America,” said U.S. Attorney Kevin Ritz for the Western District of Tennessee. “The overwhelming majority of police officers do their jobs honorably and lawfully. As this case shows, we will not hesitate to hold those who violate civil rights laws to account.”

“There is no place in law enforcement for officers who use excessive force,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Civil rights are at the core of the FBI’s mission, and we are dedicated to ensuring that those who are sworn to protect their communities do so without violating the civil rights of those they serve.”

“This plea is the result of the efforts of law enforcement to ensure that any officer who violates the civil rights of those they are sworn to protect is brought to justice,” said Acting Special Agent in Charge Douglas S. DePodesta of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people and wearing a badge does not make one above the law.”

Bustamante faces a maximum penalty of up to 10 years in prison and three years of supervised release. A sentencing date has been set for June 15.

Assistant Attorney General Clarke, U.S. Attorney Ritz, Assistant Director Quesada and Special Agent in Charge DePodesta made the announcement.

The FBI Memphis Field Office investigated the case.

Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorney Nikhil Ramnaney of the Civil Rights Division’s Criminal Section are prosecuting the case.

Justice Department Announces Over $200 Million in Investments in State Crisis Intervention

Source: United States Department of Justice News

The Justice Department announced today 49 awards to states, territories, and the District of Columbia as part of the Byrne State Crisis Intervention Program. This investment of over $231 million will fund state crisis intervention court proceedings, including but not limited to, extreme risk protection order (ERPO) programs that work to keep guns out of the hands of those who pose a threat to themselves or others. This investment in community safety is authorized by the Bipartisan Safer Communities Act of 2022, historic legislation to address and reduce gun violence.

“The Justice Department is working relentlessly to protect communities from violent crime and the gun violence that often drives it, and the Byrne State Crisis Intervention Program is an important part of that effort,” said Attorney General Merrick B. Garland. “These awards will support the kinds of crisis intervention programs that we know save lives and help protect children, families, and communities across the country from senseless acts of gun violence.”

“The Department of Justice’s strategy to reduce violent crime and gun violence includes prioritizing support for successful, evidence-based programs,” said Deputy Attorney General Lisa O. Monaco. “The grants announced today invest in and highlight proven state and local violence prevention and intervention programs, that will make our communities safer.”

These awards, administered by the Department’s Office of Justice Programs’ Bureau of Justice Assistance (BJA), provide funding to states for the creation and implementation of extreme risk protection order programs, state crisis intervention court proceedings, and related gun violence reduction initiatives. Extreme risk protection order programs empower family members, health care providers, school officials and law enforcement officers to petition a court to temporarily prevent a person from accessing firearms if they are found to be a danger to themselves or others. Funds can also support interventions like drug, mental health and veterans’ treatment courts, gun violence recovery courts, behavior health deflection and outpatient treatment centers.

“Protecting communities from gun crime is an urgent public safety challenge and a critical part of the Justice Department’s work to ensure that everyone in this country can live free from the fear of violence,” said Associate Attorney General Vanita Gupta. “The resources we are announcing today will give communities the tools they need to prevent firearm violence and deliver support to those who are at risk of committing or being victimized by gun crime.”

The Bipartisan Safer Communities Act also seeks to ensure that extreme risk protection order laws and programs are implemented in accordance with the Constitution and provide for adequate due process protections. Projects funded under this program will need to demonstrate that they have taken measures to safeguard the constitutional rights of an individual subject to a crisis intervention program or ERPO initiative. The Justice Department has long supported state efforts to increase the use of ERPOs and in 2021 the Department released model legislation to help states create their own extreme risk protection order systems and provide for intervention before warning signs turn into tragedy.

Signed into law by President Biden in June 2022, the Bipartisan Safer Communities Act is the most significant piece of federal gun safety legislation in almost three decades and comes as a response to recent mass shootings and to the far more common, but no less tragic, incidents of community gun violence. Including the Byrne State Crisis Intervention Program, the law allocates a total of $1.4 billion to OJP over five years to develop, implement, and sustain meaningful investments in safer communities.

“These awards will help meet two monumental public safety challenges — the alarming proliferation of gun violence in our country and the clear need for front-end interventions to slow the cycle of violence and victimization in our most underserved communities,” said BJA Director Karhlton F. Moore. “The Bureau of Justice Assistance is proud to make these resources available to states as a critical part of its mission to reduce and prevent crime and to promote a fair and effective criminal justice system.”

For a full list of awards, please visit: https://data.ojp.usdoj.gov/stories/s/O-BJA-2023-171458/b5xz-as5z/. These awards are the latest effort from the Department of Justice’s Office of Justice Programs to implement this historic legislation.