Month: April 2023

Source: United States Department of Justice News

OKLAHOMA CITY – Today, CHARLES DEAN LACK, 56, of Wayne, Oklahoma, entered a plea of guilty on a federal charge of threatening to murder federal law enforcement officers, announced United States Attorney Robert J. Troester. 

According to an affidavit filed in support of the criminal complaint, on or about August 5, 2022, the Federal Bureau of Investigation learned that Lack had communicated an intention to travel to Will Rogers World Airport (WRWA) and kill federal officers when he arrived.  The affidavit further alleges Lack had previously visited WRWA on three separate occasions to determine the location of certain federal law enforcement officials within the WRWA.

On August 17, 2022, a federal grand jury returned a two-count indictment against Lack.  Count 1 charged him with threatening to murder federal law enforcement officers, and Count 2 charged him with interstate transmission of a threatening communication.

Today, Lack entered a plea of guilty to Count 1 of the indictment before U.S. District Judge Timothy D. DeGiusti.  A sentencing hearing will be scheduled in approximately 90 days.  At sentencing, Lack faces a maximum penalty of 10 years of imprisonment, three years of supervised release, and a $250,000 fine.  Lack has been in federal custody since August 8, 2022.

This case is the result of investigations by the FBI Oklahoma City Field Office and Oklahoma City Police Department.  Assistant U.S. Attorneys Matt Dillon and Mark Stoneman are prosecuting the case.

Reference is made to public filings for more information.

Source: United States Department of Justice News

The Department of Justice and the Environmental Protection Agency (EPA) today announced three separate settlements with natural gas processors that will require the companies to pay a combined $9.25 million in civil penalties and make improvements at 25 gas processing plants and 91 compressor stations. These settlements will reduce harmful air pollution and improve air quality in 12 states, including in communities disproportionately impacted by pollution and in Indian Country. The states of Alabama, Colorado, Louisiana, North Dakota, West Virginia, and Wyoming, and the Southern Ute Indian Tribe, are also settling claims against the companies.

When fully implemented, the combined settlements with The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC fka Kerr-McGee Gathering LLC will reduce ozone-producing air pollution by an estimated 953 tons per year and greenhouse gases by 50,633 tons per year of carbon dioxide equivalent, including methane. This reduction equates to taking 11,267 gasoline-powered passenger vehicles off the road for one year. The settlements, lodged simultaneously today in the Federal District Courts of Colorado and Utah, resolve allegations that the companies violated the Clean Air Act and state air pollution control laws.

“These three settlements will measurably improve air quality for communities in 12 states and Indian Country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s announcement highlights this administration’s commitment to reduce harmful air pollution – including emissions that exacerbate climate change – and provide environmental justice for those disproportionately impacted.”

“EPA continues to deliver cleaner air through rigorous enforcement of the Clean Air Act,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “Leaks from valves, pumps and connectors at natural gas processing plants and emissions from compressor stations are a significant source of harmful air pollution. We will continue to hold these companies accountable and work to reduce these unlawful emissions into the atmosphere.”  

The settlements filed today address allegations that The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC violated federal and state clean air laws related to leak detection and repair (LDAR) requirements for natural gas processing plants at various facilities that they own and operate across the nation. These facilities emit volatile organic compounds (VOCs), nitrogen oxides (NOx), hazardous air pollutants such as benzene and formaldehyde, and greenhouse gases into the atmosphere, according to the complaints filed against the companies.

VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. NOx reacts with VOCs in the presence of sunlight to form ozone. Children, people with respiratory illness, the elderly, and those working or exercising outdoors have a higher risk of being harmed from breathing ozone.

Emissions at the defendants’ facilities also emit greenhouse gases, such as methane, a potent colorless and odorless gas that is the main component of natural gas and which significantly contributes to global warming when emitted into the atmosphere. See www.epa.gov/ghgemissions/overview-greenhouse-gases (describing carbon dioxide equivalent).

Under the settlements, the companies will spend approximately $16 million combined on injunctive relief requirements. To minimize emissions at the natural gas processing plants, the defendants will install and operate new technologies, as well as improve and expand existing control techniques. These commitments include installing equipment that leaks less, conducting audits, reviewing compliance with leak detection and repair requirements, and repairing leaking equipment faster. The companies will improve staff training for leak detection and repair at their facilities, and they have agreed to use optical gas imaging technology at their facilities to improve the visual detection of leaks and quickly repair them.

Finally, The Williams Companies Inc., MPLX LP and WES DJ Gathering LLC will implement additional projects to mitigate the harm caused by the excess emissions resulting from their violations of the CAA. These projects vary by company, and more information about each project can be found in the fact sheets linked above.

The consent decrees lodged today are:  United States, et al. v. The Williams Companies Inc., et al.; United States, et al. v. MPLX LP; and United States, et al. v. WES DJ Gathering LLC fka Kerr-McGee Gathering LLC.

For each separate settlement, the United States will publish a notice of the Consent Decree’s lodging in U.S. District Court in the Federal Register and will accept public comment for 30 days after each notice is published. The Federal Register notices also will include instructions for submitting public comment.

The three gas plant settlements announced today are part of EPA and the Department of Justice’s ongoing focus on reducing air pollution from oil and gas facilities. Today’s  announcement follows the announcement on March 27 by the EPA, the Justice Department and the New Mexico Environment Department of a settlement with Matador Production Company, another landmark settlement with an oil and gas company.

Source: United States Department of Justice News

            WASHINGTON – A Maryland man was convicted of felony and misdemeanor charges in federal court in the District of Columbia for his actions during the breach of the U.S. Capitol in Washington, D.C, on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of Congress called to ascertain and validate the electoral college vote for the 2020 presidential election.

            Christopher Alberts, 35, of Maryland, was found guilty yesterday of six felonies: civil disorder, assaulting, resisting or impeding law enforcement officers, disorderly conduct with a dangerous weapon, entering and remaining on restricted grounds with a deadly or dangerous weapon, possessing a firearm on Capitol grounds, and possession of a firearm without a D.C. license, and three related misdemeanor: act of physical violence in the Capitol grounds or buildings, disorderly conduct in a Capitol building, engaging in violence in a restricted building or grounds. U.S. District Court Judge Christopher R. Cooper scheduled a sentencing hearing for July19, 2023.  The verdict followed a trial in the District of Columbia.

            According to the government’s evidence, Alberts arrived at the Capitol on January 6, 2021 wearing a body armor vest containing metal plates, a two-way radio with a throat mic, and a military backpack containing eight bungee cords, a flashlight, a ski mask, a meal-ready-to-eat kit, a first aid kit, military trousers, and a pocket knife.  Alberts carried in a holster a 9 millimeter pistol loaded with 12 rounds of ammunition and an additional bullet in the chamber.  Alberts also wore a separate holster containing another 12 rounds of ammunition.  The ammunition included “hollow point” bullets.

            Evidence at trial showed that Alberts arrived at the Capitol grounds at or near the time of the first breach of the Peace Circle at 12:57 p.m. and traveled through multiple bike rack barriers, past snow fencing and “area closed” signs.  Separating other rioters from outmanned U.S. Capitol Police Officers at around 1:05 p.m., Alberts told the rioters, “we’ll get them soon.”  Alberts donned a gas mask at around 1:20 p.m.

            At 1:48 p.m., Alberts ascended a metal bike rack to reach a banister of the Northwest Steps leading to the Capitol’s Upper West Terrace.  Six minutes later, protected by his gas mask and body armor, Alberts grabbed an officer and then charged up the staircase holding a wooden pallet, making physical contact with the U.S. Capitol Police Officers defending the steps.  He was the first rioter to reach a middle landing of the Northwest Steps.  Although his ascent to the Upper West Terrace was briefly stopped, Alberts was one of the first 15 rioters to reach the Upper West Terrace level at around 2:10 p.m.  Other rioters nearby soon broke into the Capitol Building, but Alberts was sidelined for 30 to 45 minutes as the pepper spray used by officers on the steps began to seep into his gas mask.

            Alberts then spent over two hours just steps from the Capitol Building, berating Metropolitan Police Department officers as “treasonous” and “communists,” alleging that the officers broke their oaths, and complaining that they were preventing him and his fellow rioters from doing their “duty to overthrow the government and reinstate a new government for the people.”  Alberts yelled at them, “y’all wanted the war.  You asked for it.  Y’all got it.”

            Alberts remained on Capitol Grounds over three more hours, continuing to yell at National Guard troops and uniformed officers from various jurisdictions.  At 7:22 p.m., while finally clearing the Capitol Grounds of rioters, an officer observed a bulge on Alberts’s right hip, and Alberts was found to be in possession of the loaded firearm and arrested. 

            Disorderly conduct and entering and remaining on restricted grounds with a deadly or dangerous weapon each carry a statutory maximum of 10 years in prison.  Assaulting, resisting or impeding law enforcement officers carries a statutory maximum of 8 years in prison.  The civil disorder charge, carrying a firearm on Capitol grounds, and carrying a firearm without a D.C. license each carry a statutory maximum of 5 years in prison. The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being prosecuted by the U.S Attorney’s Office for the District of Columbia. The case is being investigated by the FBI’s Washington Field Office.  Valuable assistance was provided by the U.S. Capitol Police Department, the Metropolitan Police Department, and the U.S. Secret Service.

            In the 27 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

A federal indictment was unsealed today in Mississippi charging a former professional wrestler with misappropriating millions of dollars in federal safety-net funds intended for needy families and low-income individuals in Mississippi.

According to court documents, Theodore Marvin DiBiase Jr., 40, of Madison, along with co-conspirators John Davis, Christi Webb, Nancy New, and others, are alleged to have fraudulently obtained federal funds – including from The Emergency Food Assistance Program (TEFAP) and the Temporary Assistance for Needy Families (TANF) program – that they misappropriated for their own personal use and benefit.

Davis was the executive director of the Mississippi Department of Human Services (MDHS). As part of the alleged scheme, after federal funds were issued to MDHS, Davis directed MDHS to subgrant the funds to two nonprofit organizations, Family Resource Center of North Mississippi Inc. (FRC) and Mississippi Community Education Center (MCEC), which were operated by Webb and New, respectively. Davis then allegedly directed Webb and New to award sham contracts to various individuals and entities purportedly for the delivery of social services, including at least five sham contracts that were awarded to DiBiase’s companies, Priceless Ventures LLC and Familiae Orientem LLC.

As further alleged in the indictment, under these sham contracts, FRC and MCEC provided millions of dollars in federal funds from MDHS to DiBiase and his companies for social services that DiBiase did not provide and did not intend to provide. DiBiase allegedly used these federal funds to buy a vehicle and a boat, and for the down payment on the purchase of a house, among other expenditures.

DiBiase is charged with one count of conspiracy to commit wire fraud and to commit theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering. If convicted, he faces a maximum penalty of five years in prison for the conspiracy count, a maximum penalty of 20 years in prison for each wire fraud count, and a maximum penalty of 10 years in prison for each count of theft concerning programs receiving federal funds and for each count of money laundering.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi, Special Agent in Charge Jermicha Fomby of the FBI Jackson Field Office, Special Agent in Charge Tamala Miles of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Special Agent in Charge Dax Roberson of the Department of Agriculture Office of Inspector General (USDA-OIG), and Special Agent in Charge James E. Dorsey of the IRS Criminal Investigations (IRS-CI) Atlanta Field Office made the announcement.

The FBI, HHS-OIG, USDA-OIG, and IRS-CI are investigating the case.

Trial Attorney Adrienne E. Rosen of the Criminal Division’s Money Laundering and Asset Recovery Section, Trial Attorney Della Sentilles of the Criminal Division’s Fraud Section, and Assistant U.S. Attorneys Dave Fulcher and John Meynardie for the Southern District of Mississippi are prosecuting the case.

An indictment is merely an allegation. 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 Justice Department announced today that it has secured a settlement agreement with Micron Technology Inc. (Micron), a manufacturer of semiconductor memory and storage products based in Boise, Idaho. The settlement resolves the department’s determination that Micron violated the Immigration and Nationality Act (INA) by discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker. 

“Companies cannot unlawfully discriminate against a job applicant because they prefer to hire someone with a different citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue to hold companies accountable, both big and small, for their violations of this federal civil rights law.”

The department’s investigation began when a U.S. citizen worker complained that Micron unfairly denied him employment because of his citizenship status. The department determined that Micron unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process, unless required or allowed by law. 

Under the settlement, Micron will pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. Additionally, Micron will train its staff on the INA’s anti-discrimination provision, change its policies and procedures and be subject to departmental monitoring for a two-year period. 

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. 

Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s websiteoutreach materials. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to here to receive updates from IER.