Month: May 2023

Source: United States Department of Justice News

            WASHINGTON — A Montana man and a Pennsylvania man were found guilty of all charges against them related to the breach of the U.S. Capitol on Jan. 6. Their actions and the actions of others disrupted a joint session of the U.S. Congress in the process of ascertaining and counting the electoral votes related to the 2020 presidential election.

            Isaac Steve Sturgeon, 34, of Dillon, Montana, and Craig Michael Bingert, 31, of Allentown, Pennsylvania, were found guilty on May 24, 2023, following a trial before U.S. District Court Judge Royce C. Lamberth, who scheduled sentencing hearings for August 25, 2023, for both defendants.

            Sturgeon and Bingert were each convicted of seven charges: obstruction of an official proceeding; assaulting, resisting, or impeding certain officers; civil disorder, all felonies; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; and engaging in an act of physical violence in the grounds or any of the Capitol buildings.

            According to evidence presented at trial, on Jan. 6, 2021, Bingert and Sturgeon marched to the grounds of the U.S. Capitol Building where they advanced up the southwest stairs and assaulted a line of police officers.  Bingert and Sturgeon were at the front of a mob facing a line of police officers, and after a fellow rioter counted down “1,2,3 Go!”, Bingert and Sturgeon each grabbed the barricade in front of the police officers and pushed it into the officers.  Then, along with other rioters, Bingert and Sturgeon lifted the barricade up to crawl underneath it in an attempt to break through the police line.  Following the assault, both Bingert and Sturgeon remained on the grounds of the U.S. Capitol Building, including on and around the inaugural stage, until they were removed by law enforcement.  Sturgeon posted videos of violence against the police to his social media accounts, and in one, he stated that “this is a (expletive) revolution.”

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the U.S. Attorney’s Offices for the Eastern District of Pennsylvania and the Eastern District of New York.

            The case is being investigated by the FBI’s Washington Field Office, (which identified Bingert as AFO #105 and Sturgeon as AFO #104 on their seeking information photos). Valuable assistance was provided by the FBI’s Philadelphia and New York Field Offices, the Joint Terrorism Task Force Kenya, as well as the Metropolitan Police Department and the U.S. Capitol Police.

            In the 28 months since Jan. 6, 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

            WASHINGTON – Troy Ashley, 22, of Washington, D.C., was sentenced today to 18 years in prison for the armed rape of a stranger in Southeast Washington, D.C., announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department. On March 17, 2023, Mr. Ashley pleaded guilty to one count of first-degree sexual abuse while armed in the Superior Court of the District of Columbia.

            Ashley has been in custody since his arrest on March 26, 2018. His guilty plea called for an agreed-upon 18-year prison sentence. The Honorable Maribeth Raffinan accepted the plea today and also ordered lifetime supervised release.

            According to the proffer of facts submitted at the plea hearing, on the evening of March 20, 2018, the victim was sitting in her car, which was parked in the 3200 block of Buena Vista Terrace Southeast, Washington, D.C. Ashley approached the victim’s car, displayed a black handgun, and demanded the victim let him into her car. Out of fear for her life, the victim complied.  Ashley then ordered her to drive into a nearby alley. In the alley, Ashley ordered the victim to take off her shirt and move to the back seat of her car, where he was. Once the victim had done so, Ashley forced her to perform oral sex on him. He then forcibly raped her. Ashley then ordered the victim to get back into the driver’s seat and drive from the scene.

            Before and after the assault, Ashley demanded money and credit cards from the victim.  After the victim told Ashley for the second time that she did not have those things with her, Ashley ordered the victim to drive to the Anacostia River. Once they had arrived at the river, Ashley ordered the victim to strip naked and get into the water or he would shoot her. Again, out of fear for her life, the victim complied.

            Ashley drove away in the victim’s car, leaving the victim in the river.  The victim was able to call for help from the water using a cell phone she had managed to conceal on her person as she got into the river.  Ashley was arrested while sitting in the victim’s car six days later. 

            In announcing the plea and sentence, U.S. Attorney Graves and Interim Chief Benedict commended the work of those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit.  They also expressed appreciation for the assistance provided by the U.S. Park Police and the District of Columbia Department of Forensic Sciences.  They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan, Paralegal Specialists Garcia Clarke and Tiffany Jones, and former Paralegal Specialist D’Yvonne Key.  Finally, they commended the work of Assistant U.S. Attorneys Ryan Creighton, Kathleen Kern, Robert Platt, and Kristin Sourbeer, who investigated and prosecuted the case.

Source: United States Department of Justice News

The Justice Department announced today that it has secured a settlement agreement with N2 Services Inc. (N2), an IT services company based in Jacksonville, Florida. The agreement resolves the department’s determination that N2 discriminated against workers based on their citizenship status when it published discriminatory job advertisements online that required applicants to have a specific immigration status.

“Employers cannot use unlawful discriminatory language in job postings to exclude applicants based on their citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce the law against these types of pernicious employment practices.”

The department determined on investigation that N2, through its recruiting agent based abroad, published a job advertisement online titled, “Software Developer Exclusively for OPT,” with criteria that indicated that applicants “must be under OPT visa right now.” Optional Practical Training (OPT) is a temporary work authorization status given to certain non-U.S. citizen students in the United States. The advertisement thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals, and the advertisement deterred such workers from applying to the position. The Immigration and Nationality Act (INA)’s anti-discrimination provision generally prohibits employers from discriminating against workers in the recruiting or hiring process based on their citizenship or immigration status.

Under the terms of the agreement, N2 will pay a civil penalty for the violation, post notices informing workers of their rights under the INA’s anti-discrimination provision, train its staff, review and revise its employment policies and training materials, and be subject to departmental monitoring for two years.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute 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 citizenship status discrimination on IER’s website. 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 for email updates from IER.

Spanish Version

Source: United States Department of Justice News

Two Utah men were charged with a federal hate crime April 26 following the return of an indictment by a federal grand jury in Salt Lake City, Utah.

According to the indictment, Nathan Thomas, 22, and Sebastian West, 22, both of Payson, allegedly assaulted a person identified by the initials D.J. because of D.J.’s actual and perceived race.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Trina A. Higgins for the District of Utah and Acting Special Agent in Charge Cheyvoryea Gibson of the FBI Salt Lake City Field Office made the announcement.

The FBI Salt Lake City Field Office is investigating the case.

Assistant U.S. Attorneys Drew Yeates and Andrea Martinez for the District of Utah and Trial Attorney Andrew Manns of the Civil Rights Division’s Criminal Section are prosecuting the case.

Source: United States Department of Justice News

            WASHINGTON – Timothy Martin of North Carolina, and Joanna Smith of New York, both 53, were taken into custody today following an indictment charging conspiracy to commit an offense against the United States and injury to a National Gallery of Art exhibit. Martin self-surrendered this morning in Raleigh, North Carolina; Smith self-surrendered this morning in Washington, D.C.

            According to the indictment, unsealed today, Martin and Smith smeared paint on the case and base of Edgar Degas’ Little Dancer, Age Fourteen, a priceless work of art which has drawn visitors for years to the National Gallery of Art in Washington, D.C. Following the attack, a group called Declare Emergency claimed credit. Over the last year, in addition to this offense, Declare Emergency has blocked roadways around the Washington, D.C. area.

            The indictment further alleges that Martin and Smith agreed, along with other currently uncharged co-conspirators, to enter the National Gallery of Art for the purpose of injuring the exhibit. Martin and Smith entered the National Gallery of Art armed with plastic water bottles filled with paint.  Martin and Smith handed their phones to other conspirators and waited until patrons cleared the area in front of the Little Dancer. Martin and Smith proceeded to smear paint on the case and base of the exhibit, at times smacking the case with force. Prior to the attack, members of the conspiracy had alerted the Washington Post, and two reporters from the Post recorded and photographed the offense. Additionally, other members of the conspiracy filmed and photographed the offense. Smith and Martin caused approximately $2,400 in damage and the exhibit was removed from public display for ten days so that it could be repaired.

            Each charge carries a statutory maximum sentence of five years in prison and a fine of up to $250,000. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            The case is being investigated by the FBI’s Washington Field Office, specifically the FBI’s Art Crime Team, with assistance from National Gallery of Art Police, and U.S. Park Police. The case is being prosecuted by Assistant U.S. Attorney Cameron A. Tepfer of the U.S. Attorney’s Office for the District of Columbia.

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