Month: March 2023

Source: United States Department of Justice 2

The Justice Department today filed a lawsuit in the Eastern District of North Carolina alleging that Billy Joe Goines, the owner and operator of Goines Towing & Recovery (Goines), auctioned off, sold or otherwise disposed of motor vehicles owned by servicemembers using court judgments obtained without filing proper military affidavits, in violation of federal law.

The Servicemembers Civil Relief Act (SCRA) provides a wide variety of financial and housing protections to members of the military. For example, it requires plaintiffs seeking a default judgment in court to file an accurate military affidavit stating whether or not the defendant is in military service, or that the plaintiff is unable to determine the defendant’s military service status. The SCRA also requires that that towing companies seeking court orders in civil proceedings make a good faith effort to determine whether a defendant is in military service. If it appears that the defendant is in military service, the court may not enter a default judgment in favor of the plaintiff until after it appoints an attorney to represent the interests of the servicemember.

The complaint alleges that since at least 2017, Goines disposed of motor vehicles belonging to servicemembers after either failing to file, or filing inaccurate, military affidavits in court proceedings against those servicemembers. The complaint further alleges that Goines filed military affidavits stating that he did not know whether the defendants were in military service even though many of the motor vehicles were originally towed from locations on or near the Camp Lejeune military installation, and there were multiple indications that the vehicles were owned by individuals in military service.

“By failing to file, or filing ‘rubber stamp’ affidavits without doing due diligence to determine a vehicle owner’s military service status, this company unlawfully auctioned off, sold, or otherwise disposed of servicemembers’ vehicles in violation of federal law,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “This conduct is especially egregious because many of the vehicles were towed from a military bases, had military decals, patches, and decorations, were financed through lenders geared towards members of the military, and contained military uniforms and paperwork, including orders. This lawsuit helps ensure that these servicemembers receive compensation for these actions and puts all towing companies on notice that such unlawful business practices will not be tolerated.”

“Our troops put their lives on the line to secure our freedom, and should never have to deal with unscrupulous tow truck operators unlawfully taking and selling their vehicles,” said U.S. Attorney Michael Easley for the Eastern District of North Carolina. “Our troops fight for our freedom abroad, and we will zealously fight for their rights here at home. Predatory conduct against members of our military is unacceptable, especially in North Carolina, one of the most military-friendly states in the nation. We stand with our troops, and insist that they be treated with the respect they deserve.” 

In addition to seeking damages for the aggrieved servicemembers, including the value of the vehicles auctioned, sold or otherwise disposed of by Goines, the Justice Department’s complaint seeks to enjoin the company from failing to file, or filing inaccurate, military affidavits in the future. The lawsuit also seeks a civil penalty. This lawsuit resulted from a referral to the Justice Department from U.S. Marine Corps legal assistance.

Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil/.

The Justice Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country.  Since 2011, the Justice Department has obtained over $481 million in monetary relief for over 123,000 servicemembers through its enforcement of the SCRA. Additional information on the Justice Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.

The complaint contains allegations of unlawful conduct, and the allegations must be proven in federal court.

Source: United States Department of Justice News

Two Kansas men were arrested today on charges related to a years-long scheme to circumvent U.S. export laws that included the illegal export of aviation-related technology to Russia after Russia’s unprovoked invasion of Ukraine on Feb. 24, 2022, and the imposition of stricter restrictions on exports to Russia.

According to the indictment, Cyril Gregory Buyanovsky, 59, of Lawrence, and Douglas Robertson, 55, of Olathe, owned and operated KanRus Trading Company, which supplied Western avionics equipment (i.e., electronics installed in aircraft) to Russian companies and provided repair services for equipment used in Russian-manufactured aircraft. Since 2020, the defendants conspired to evade U.S. export laws by concealing and misstating the true end users, value and end destinations of their exports and by transshipping items through third-party countries. For example, between November 2020 and February 2021, the defendants received avionics equipment, including a computer processor bearing a sticker identifying Russia’s Federal Security Services (FSB), from a Russian company for repair in the United States. The defendants concealed the true end user and end destination by providing a fraudulent invoice to the shipment company identifying the end destination as Germany.

As further alleged, on Feb. 28, 2022, the defendants attempted to export avionics to Russia. U.S. authorities detained the shipment, and the U.S. Department of Commerce informed the defendants that a license was required to export the equipment to Russia. In an April 2022 communication, Robertson expressed to a Russia-based customer that “things are complicated in the USA” and that “[t]his is NOT the right time for [more paperwork and visibility].” Subsequently, in May, June and July 2022, the defendants illegally transshipped avionics through Armenia and Cyprus to Russia without obtaining the required licenses.

The defendants are charged with conspiracy, exporting controlled goods without a license, falsifying and failing to file electronic export information, and smuggling goods contrary to U.S. law. If convicted, they face a maximum penalty of 20 years in prison for each count of exporting controlled goods without a license; up to 10 years in prison for each count of smuggling; and up to five years in prison for each count of conspiracy and falsifying export information. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Task Force KleptoCapture Director Andrew C. Adams, U.S. Attorney Duston J. Slinkard for the District of Kansas, Assistant Director Alan E. Kohler Jr. of the FBI Counterintelligence Division, Special Agent in Charge Charles Dayoub of the FBI Kansas City Field Office, and Special Agent in Charge Aaron Tambrini of the U.S. Department of Commerce Office of Export Enforcement, Chicago Field Office made the announcement.

The FBI and the U.S. Department of Commerce, Office of Export Enforcement are investigating the case.

Assistant U.S. Attorneys Scott Rask and Ryan Huschka for the District of Kansas and Trial Attorney Adam Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2, 2022 and under the leadership of the Office of the Deputy Attorney General, the task force will continue to leverage all of the department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.

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

Source: United States Department of Justice News

The U.S. Department of Justice and the European Commission today announced the resumption of negotiations on an EU-U.S. agreement to facilitate access to electronic evidence in criminal investigations. Officials from the U.S. Department of Justice, U.S. Department of State, and European Commission plan to meet in Stockholm, Sweden, on March 15 and 16 prior to the EU-U.S. Justice and Home Affairs Senior Officials Meeting taking place in Stockholm on March 16 and 17. Negotiation started in September 2019 but was paused while the European Union finalized the EU e-Evidence legislation.

Source: United States Department of Justice News

Two North Carolina men were sentenced today for violations of the Animal Welfare Act for engaging in dog fighting and related criminal conduct. 

Laddie Dwayne McMillian, 47, will serve 16 months in prison and Derrick Twitty, 48, will serve six months in prison. Both defendants will serve two years of supervised release following the completion of their sentences and are prohibited from possessing any dogs during the term of supervision, including through a third party.

According to court documents, McMillian conspired to breed, train and fight dogs for nearly 15 years. He openly boasted of owning and operating “mass destruction kennels,” a fighting dog breeding operation. On Jan. 27, 2020, McMillian shared a video of his “yard,” showcasing 13 dogs. He also shared videos of his dogs engaged in fights. In one video, which lasts four minutes and 57 seconds, two dogs are seen fighting in a typical fighting pit. By the end of the video, the dogs’ faces and ears are bleeding and raw.

In early 2020, Twitty joined the fighting and breeding operations, and together, the two trained and bred dogs for dog fights, scheduled “roll” fights, and tended to their dog’s injuries. A “roll” is a fight between two dogs for a short period of time, testing the dogs’ fighting abilities and is an “animal fighting venture.”

“Slick Rick” was their prize fighter. Born in January 2018, McMillian trained and subjected Slick Rick to fights, over and over again. He died in January 2022, a few weeks after McMillian sponsored him in a dog fight. 

“The life and death of this dog reflects the defendants’ extraordinary cruelty, abuse, and mistreatment of animals for entertainment – criminal conduct that our division has and will continue to aggressively prosecute,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.

“The defendants in this case treated dogs like a commodity, bred and trained to fight, often to death, for the amusement of spectators taking part in this cruel activity,” said U.S. Attorney Dena J. King for the Western District of North Carolina. “Dogfighting is an illegal blood sport that subjects animals to incredible pain and suffering. It is also a federal crime and one that has the full attention of my office and our law enforcement counterparts.”

“The barbaric practice of pitting animals against each other in a fight to the death has no place in this country,” said Acting Special Agent in Charge Salina Walker of the Department of Agriculture Office of Inspector General (USDA-OIG). “The outstanding work of our federal, state, and local law enforcement partners who investigated this case and the prosecutors of the Department of Justice made it possible to bring this individual of a major animal fighting venture to justice. USDA-OIG has made animal fighting a high priority in order to demonstrate that these inhumane acts of cruelty to animals will not be tolerated.”

The USDA-OIG and North Carolina’s Polk County Sheriff’s Office investigated the case.

Senior Trial Attorney Banumathi Rangarajan and Trial Attorney William J. Shapiro of the Environment and Natural Resources Division’s Environmental Crimes Section and Deputy Criminal Chief Don Gast for the Western District of North Carolina prosecuted the case.

Source: United States Department of Justice News

            WASHINGTON – Robert Anderson, 55, of Hanover, Maryland, was sentenced today to five months of incarceration for a series of simple assaults on Metropolitan Police Department employees and officers that involved offensive touching and brandishing a knife. At the time of these assaults, Anderson was a sworn officer with the Metropolitan Police Department. The announcement was made by U.S. Attorney Matthew M. Graves and Chief Robert J. Contee, III.

            On February 1, 2023, a jury found Anderson guilty of four counts of assault. The verdict followed a three-day trial in the Superior Court of the District of Columbia, before the Honorable Heidi Pasichow who sentenced him to 480 days in jail suspended after 150 days with the condition that Anderson successfully complete 18 months of probation.

            According to the government’s evidence, on January 14, 2019, at approximately 9:00 p.m., an officer victim was working at the Fifth District Police Station when Anderson, who was on duty, came up beside her and beckoned to her to stand up. When she did not stand up, Anderson leaned down and kissed her ear and neck without consent. In response to this conduct, the Metropolitan Police Department reassigned then-Officer Anderson to the Fourth District Police Station. Only several weeks later, in early February 2019, Anderson approached another female officer from behind, wrapped his arms around her, touched her breast, and kissed her ear and face without consent. And on February 5, 2019, Anderson approached two female employees and began to touch them on their heads without their consent. When a civilian employee intervened to stop Anderson from touching the women, Anderson brandished a knife at him.

            In announcing the sentence, U.S. Attorney Graves commended the work of those who investigated the case from the Metropolitan Police Department.  He also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Lead Paralegal Specialist Wanda Trice and other support personnel.

            Finally, he commended the efforts of Assistant U.S. Attorney Jacqueline Yarbro and Assistant U.S. Attorney Bonnie Lindemann, who prosecuted the case, and Assistant U.S. Attorneys Felice Roggen and Tamara Rubb, who investigated the case.