Month: May 2023

Source: United States Department of Justice News

Two members of the Oath Keepers were sentenced today on felony and misdemeanor charges for crimes related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Kenneth Harrelson, 42, of Titusville, Florida, was sentenced to four years in prison followed by two years of supervised release for obstruction of an official proceeding, conspiracy to prevent an officer from discharging duties, and tampering with documents or proceedings.

Jessica Watkins, 40, of Woodstock, Ohio, was sentenced to eight and a half years in prison followed by three years of supervised release for conspiracy to obstruct an official proceeding, obstruction of an official proceeding, interfering with law enforcement officers during a civil disorder, and conspiracy to prevent an officer from discharging duties. Both defendants were found guilty at trial in November 2022, along with co-defendants Elmer Stewart Rhodes and Kelly Meggs, who were sentenced earlier this week. Co-defendant Thomas Caldwell is awaiting sentencing. Co-conspirators Roberto Minuta, Edward Vallejo, Joseph Hackett, and David Moerschel — who were all found guilty at trial in January 2023 — are scheduled to be sentenced next week on June 1 and 2.

According to the government’s evidence, beginning in late December 2020, via encrypted and private communications applications, Harrelson, Watkins, Rhodes, Meggs, Caldwell, and others coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote. The defendants also, collectively, employed a variety of manners and means, including: organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.; recruiting members and affiliates; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, batons, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment – to the Capitol grounds; breaching and attempting to take control of the Capitol grounds and building on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote; using force against law enforcement officers while inside the Capitol on Jan. 6, 2021; continuing to plot, after Jan. 6, 2021, to oppose by force the lawful transfer of presidential power, and using websites, social media, text messaging and encrypted messaging applications to communicate with each other and others.

On Jan. 6, 2021, a large crowd began to gather outside the Capitol perimeter as the Joint Session of Congress got under way at 1 p.m. Crowd members eventually forced their way through, up, and over U.S. Capitol Police barricades and advanced to the building’s exterior façade. Shortly after 2 p.m., crowd members forced entry into the Capitol by breaking windows, ramming open doors, and assaulting Capitol police and other law enforcement officers. At about this time, according to the government’s evidence, Rhodes entered the restricted area of the Capitol grounds and directed his followers to meet him at the Capitol.

At approximately 2:30 p.m., according to the government’s evidence, Meggs, Harrelson, and Watkins, along with other Oath Keepers and affiliates – many wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia – marched in a “stack” formation up the east steps of the Capitol, joined a mob, and made their way into the Capitol. Rhodes and Caldwell remained outside the Capitol, where they coordinated activities.

While certain Oath Keepers members and affiliates breached the Capitol grounds and building, others remained stationed just outside of the city in quick reaction force (QRF) teams. According to the government’s evidence, the QRF teams were prepared to rapidly transport firearms and other weapons into Washington, D.C., in support of operations aimed at using force to stop the lawful transfer of presidential power.

Harrelson was arrested on March 10, 2021, in Florida. Watkins was arrested on Jan. 18, 2021, in Ohio.

The U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security and Criminal Divisions are prosecuting the case. Valuable assistance was provided by numerous U.S. Attorney’s Offices throughout the country.

The FBI Washington Field Office investigated the case with valuable assistance provided by numerous FBI offices throughout the country, including the Dallas, Cincinnati, Tampa, Jacksonville, and Richmond Field Offices.

In the 28 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 court in the Southern District of New York today unsealed a complaint charging two individuals with acting and conspiring to act in the United States as unregistered agents of the People’s Republic of China (PRC), conspiring to bribe and bribing a public official, and conspiracy to commit money laundering.

According to the complaint, John Chen, aka Chen Jun, 70, a Los Angeles resident and former citizen of the PRC, and Lin Feng, a Los Angeles resident and PRC citizen, allegedly participated in a PRC Government-directed scheme targeting U.S.-based practitioners of Falun Gong — a spiritual practice banned in the PRC. Chen and Feng were arrested today in the Central District of California.

“The Chinese government has yet again attempted, and failed, to target critics of the PRC here in the United States,” said Attorney General Merrick B. Garland. “We allege the defendants in this case attempted to bribe someone they thought was an IRS agent in order to further the Chinese government’s campaign of transnational repression in the United States. But the individual they attempted to bribe was in fact an undercover law enforcement agent, and both defendants were arrested this morning. The Justice Department will continue to investigate, disrupt, and prosecute efforts by the PRC government to silence its critics and extend the reaches of its regime onto U.S. soil. We will never stop working to defend the rights to which every person in the United States is entitled.”

“The Department of Justice continues to expose the Chinese government’s brazen attempts to perpetrate transnational repression, this time through attempted bribery,” said Deputy Attorney General Lisa O. Monaco. “As highlighted by today’s arrests and charges of conspiracy, bribery, and money laundering, we will not tolerate efforts by the PRC or any foreign government to intimidate, harass, or undermine the rights and freedoms enjoyed by all who live in the United States.”

“China’s government has once again shown its disregard for the rule of law and international norms,” said FBI Director Christopher Wray. “The FBI will not tolerate CCP repression — its efforts to threaten, harass, and intimidate people — here in the United States. We will continue to confront the Chinese government’s efforts to violate our laws and repress the rights and freedoms of people in our country.”“No other nation poses as severe a threat to the democratic values of the United States as the government of the People’s Republic of China,” said FBI Deputy Director Paul Abbate. “The FBI will not stand by as the PRC attempts to weaponize our institutions and programs and attack the rights of those on U.S. soil. Any attempt to repress or harass individuals runs directly counter to the ideals our nation was founded upon, and it simply will not be tolerated. The FBI and our partners remain committed to confronting the illegal conduct of the PRC government that threatens our national security and freedom.”

“John Chen and Lin Feng allegedly waged a campaign at the behest of the Government of the People’s Republic of China to influence a U.S. Government official in order to further the PRC Government’s repression of practitioners of Falun Gong,” said U.S. Attorney Damian Williams for the Southern District of New York. “Efforts to manipulate and use the arms of the U.S. Government to carry out the PRC Government’s autocratic aims are as shocking as they are insidious. My office will work vigorously to protect against malign foreign influences.”

The complaint alleges that from at least approximately January 2023 to May 2023, Chen and Feng worked inside the United States at the direction of the PRC government, including an identified PRC government official (PRC Official-1), to further the PRC government’s campaign to repress and harass Falun Gong practitioners. The PRC Government has designated the Falun Gong as one of the “five poisons,” or one of the top five threats to its rule. In China, Falun Gong adherents face a range of repressive and punitive measures from the PRC government, including imprisonment and torture.                 

As part of the PRC government’s campaign against the Falun Gong, Chen and Feng allegedly engaged in a PRC government-directed scheme to manipulate the IRS’s Whistleblower Program in an effort to strip the tax-exempt status of an entity run and maintained by Falun Gong practitioners (Entity-1). After Chen filed a defective whistleblower complaint with the IRS (the Chen Whistleblower Complaint), Chen and Feng paid $5,000 in cash bribes, and promised to pay substantially more, to a purported IRS agent who was in fact an undercover officer (Agent-1), in exchange for Agent-1’s assistance in advancing the complaint. Neither Chen nor Feng notified the Attorney General that they were acting as agents of the PRC government in the United States.

In the course of the scheme, Chen, on a recorded call, explicitly noted that the purpose of paying these bribes, which were directed and funded by the PRC government, was to carry out the PRC government’s aim of “toppl[ing] . . . the Falun Gong.” During a call intercepted pursuant to a judicially authorized wiretap, Chen and Feng discussed receiving “direction” on the bribery scheme from PRC Official-1, deleting instructions received from PRC Official-1 in order to evade detection, and “alert[ing]” and “sound[ing] the alarm” to PRC Official-1 if Chen and Feng’s meetings to bribe Agent-1 did not go as planned. Chen and Feng also discussed that PRC Official-1 was the PRC Government official “in charge” of the bribery scheme targeting the Falun Gong.

As part of this scheme, Chen and Feng allegedly met with Agent-1 in Newburgh, New York, on May 14.  During the meeting, Chen gave Agent-1 a $1,000 cash bribe as an initial, partial bribe payment. Chen further offered to pay Agent-1 a total of $50,000 for opening an audit of Entity-1, as well as 60% of any whistleblower award from the IRS if the Chen Whistleblower Complaint were successful. On May 18, Feng paid Agent-1 a $4,000 cash bribe at John F. Kennedy International Airport as an additional partial bribe payment in furtherance of the scheme. Chen allegedly obtained funding from the PRC government to make bribe payments during his trips to the PRC in the course of the scheme.

Chen and Feng are each charged with (1) one count of conspiring to act as an agent of a foreign government without notifying the Attorney General and to bribe a public official, which carries a maximum sentence of five years in prison; (2) one count of acting as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of 10 years in prison; (3) one count of bribing a public official, which carries a maximum sentence of five years in prison; and (4) one count of conspiring to commit international money laundering, which carries a maximum sentence of 20 years in prison.

The FBI New York and Los Angeles Field Offices and Counterintelligence Division are investigating the case with valuable assistance provided by the Treasury Inspector General for Tax Administration (TIGTA).

Assistant U.S. Attorneys Shiva H. Logarajah, Qais Ghafary, Michael D. Lockard, and Kathryn Wheelock for the Southern District of New York and Trial Attorney Christina A. Clark of the Counterintelligence and Export Control Section are prosecuting the case.

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

Source: United States Department of Justice News

            WASHINGTON – A Kentucky man was sentenced yesterday for a felony charge for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Nicholas Brockoff, 22, of Covington, Kentucky, was sentenced to 36 months in prison, 36 months supervised release, and $2,700 restitution. Brockoff pleaded guilty on October 27, 2022, to assaulting, resisting, or impeding officers with a dangerous weapon. 

            According to court documents, on Jan. 6, 2021, Brockhoff illegally entered the Capitol grounds, joining a mob on the West side of the Capitol. At approximately 2:32 p.m., he threw an object from his position on the West Terrace towards law enforcement officers. During the confrontation with law enforcement officers, he also discharged the contents of fire extinguishers on multiple occasions and from at least two different locations. Each time he did so, law enforcement officers dispersed, interfering their ability to control the crowd.

            Additionally, during the afternoon, while very close to the Lower West Terrace tunnel, Brockhoff obtained a helmet belonging to an officer with the Metropolitan Police Department (MPD). He wore the helmet like a trophy throughout the afternoon, including when he entered a Senate Conference room of the Capitol from a broken window. Brockhoff moved into a hallway and then helped kick a door leading to the entry into another conference room. From inside the conference room, while still wearing the MPD helmet, Brockhoff tore open a box and went through papers in the office. He eventually left the Capitol through a broken window.

            Brockoff was arrested on May 27, 2021.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of Kentucky and the U.S. Attorney’s Office for the Western District of Tennessee.

            The case was investigated by the FBI’s Washington Field Office, which identified Brockhoff as #255 on its seeking information photos, the FBI’s Louisville Field Office and its Covington, Kentucky Resident Agency, and the FBI’s Memphis Field Office. Valuable assistance was provided by the FBI’s Criminal Justice Information Services Division, the Metropolitan Police Department, the U.S. Capitol Police, and the Hardin County, Tennessee, Sheriff’s Department.

            In the 28 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

The Justice Department’s Civil Rights Division and the Department of Education’s Office for Civil Rights (OCR) jointly released a Resource on Confronting Racial Discrimination in Student Discipline. The departments recognize and appreciate school administrators, teachers and educational staff across the nation who work to administer student discipline fairly, and to provide a safe, positive and nondiscriminatory educational environment for all students, teachers and other educators.

The Resource demonstrates the departments’ ongoing commitment to the vigorous enforcement of laws that protect students from discrimination on the basis of race, color or national origin in student discipline. The Resource provides examples of the departments’ investigations over the last 10 years, reflecting the long-standing approach and continuity in the departments’ enforcement practices over time and the continuing urgency of assuring nondiscrimination in student discipline in our nation’s schools.

“Discrimination in school discipline can have devastating long-term consequences on students and their future opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department Civil Rights Division uses our federal civil rights laws to protect students from discriminatory discipline, including discrimination in suspensions and expulsions, law enforcement referrals and school-based arrests. The investigations that we describe demonstrate how students may experience discrimination based on multiple facets of their identities and reflect our joint commitment to fully protect all students.”

“OCR remains committed to ensuring nondiscrimination in disciplinary practices,” said Assistant Secretary Catherine E. Lhamon of the Department of Education’s Office of Civil Rights. “I look forward to ongoing work in, and with, schools to ensure that no student experiences unlawful discrimination, including with respect to discipline.” 

The Resource describes how the departments resolved investigations of 14 school districts in 10 states nationwide – Alabama, Arizona, California, Delaware, Maryland, Minnesota, North Carolina, Ohio, Oklahoma and Utah. These investigations, conducted under Title VI of the Civil Rights Act of 1964 and its regulations and Title IV of the Civil Rights Act of 1964, involved concerns about discrimination in schools’ use of out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, involuntary discipline transfers, informal removals and other disciplinary actions against Black, Latino and Native American students.

The Resource demonstrates ways school districts can take steps to proactively improve their administration of student discipline.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.