Month: June 2023

Source: United States Department of Justice News

            WASHINGTON – A Virginia man pleaded guilty today to 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 presidential election.

            Jonathan G. Mellis, 35, of Williamsburg, Virginia, pleaded guilty in the District of Columbia to assaulting, resisting, or impeding certain officers using a dangerous weapon, a felony offense. U.S. District Court Judge Randolph D. Moss scheduled a sentencing hearing for Sept. 13, 2023.

            According to court documents, during the insurrection at the Capitol on Jan. 6, 2021, uniformed members of the Metropolitan Police Department of the District of Columbia (MPD) arrived at the scene to assist U.S. Capitol Police in restoring order. Body-worn camera footage from MPD officers reviewed after the incident show an individual later identified as Mellis, along with others, using sticks and other items as weapons to assault law enforcement officers protecting an entrance to the Capitol.

            Court documents state that Mellis unlawfully entered the Capitol grounds. While there, Mellis recorded and posted videos to Instagram in which he stated, “We ain’t f****** leaving either! We ain’t f****** leaving!” and “So you ever wonder where they do the inaugurations? I beat Joe Biden here. That mother****** will never come up here. We’re banging on the goddamn doors, is what we’re doing. Storming the f****** castle.”

            Court records state that other video footage of the incident reviewed show Mellis repeatedly striking and making stabbing motions towards the officers with the large wooden stick in hand. Mellis can also be seen attempting to strike at the officers’ necks, between their helmets and body armor.

            Mellis was later identified due to tips received from the public and his public social media profiles. Law enforcement officers reviewed Mellis’ public social media profiles and observed photos posted that matched his description in the video footage. In one social media post, Mellis wrote, “Storming the Castle. The world heard us!!! Finally not ignored. (Antifa and BLM will burn your city down for Marxism. We storm THE SWAMP for FREEDOM. We want a forensic audit of the vote. Simple. We will not go away. We will not surrender.”

            The charge of assaulting, resisting, or impeding certain officers using a dangerous weapon carries a statutory maximum sentence of 20 years in prison, as well as financial penalties.  A federal district court judge will determine an appropriate sentence after considering the U.S. Sentencing Guidelines and other factors.

            This case is being 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 Virginia.

            This case is being investigated by the FBI’s Washington and Norfolk Field Offices, with valuable assistance provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 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 announced today that it has secured an agreement to desegregate student enrollment and expand academic opportunities for students in the St. Martin Parish, Louisiana, public schools. The consent order was approved by U.S. District Court Judge Elizabeth Erny Foote of the Western District of Louisiana as part of a longstanding desegregation case.

Under the consent decree, the school district will promote student transfers to advance desegregation and work with the Justice Department and private plaintiffs to develop a robust magnet school, with the goal of attracting a diverse student body and desegregating a historically Black school zone. 

“All students deserve the opportunity to attend desegregated schools,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “It is now nearly 70 years after the Supreme Court issued its historic decision in Brown v. Board, and long past time for school districts to comply. The Justice Department will continue fighting to dismantle the prior system of segregation, in St. Martin Parish and wherever it persists.”

The department presented evidence at district court hearings in April 2021, August 2022 and March 2023 showing that St. Martin Parish has long maintained a dual system of racially identifiable elementary schools in the St. Martinville and Catahoula attendance zones. Under the terms of the consent order, the district will, among other requirements:

• Enhance educational opportunities in the historically Black attendance zone of St. Martinville by creating a robust magnet program to attract students from across the district;
• Work with the department, private plaintiffs and community members to develop and implement a robust magnet program;
• Hire and train the staff necessary to support these students and ensure the success of the magnet program; and
• Advertise and grant student transfers to promote opportunities and further desegregation in all district schools.

The order requires regular reporting to the court, the department and private plaintiffs represented by the NAACP Legal Defense Fund. Several other areas of this case remain open and are subject to the court’s continuing jurisdiction, including possible attendance zone modifications, the desegregation of faculty and the issues of discipline and graduation pathways. The court will retain jurisdiction over the consent order during its implementation, and the department will monitor the district’s compliance.

Last month marked the 69th anniversary of the U.S. Supreme Court’s decision in Brown v. Board of Education. The Justice Department’s Civil Rights Division continues to prioritize enforcement of desegregation orders in school districts formerly segregated by law, to ensure that all children can access the building blocks of educational success. 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 www.civilrights.justice.gov/.

Source: United States Department of Justice News

The Justice Department, together with the Federal Trade Commission (FTC), announced today that the United States has resolved a case against Microsoft Corp. regarding its practices for collecting and retaining personal information from children who use Microsoft’s Xbox Live service. The stipulated order issued by the court today requires Microsoft to pay $20 million in civil penalties and imposes injunctive relief to settle allegations that Microsoft violated the Children’s Online Privacy Protection Act (COPPA) and the Children’s Online Privacy Protection Rule (COPPA Rule) in connection with the Xbox Live service, which consumers use to connect online and with others through the Xbox brand of gaming consoles.

In a complaint filed in the U.S. District Court for the Western District of Washington, the United States alleges that Microsoft knew that certain users were children but nonetheless continued to collect personal information, such as telephone numbers, before notifying parents of Microsoft’s information collection practices and before obtaining parental consent. In addition, the complaint alleges that, while Microsoft provided some notice to parents, that notice was incomplete and thus failed to comply with the COPPA Rule’s requirements. Finally, the complaint alleges that in certain instances when children started, but did not complete, creating Xbox Live accounts, Microsoft retained their personal information for longer than permitted by the COPPA Rule.

“It is essential that before collecting children’s personal information, online companies provide complete and timely disclosures about their information collection practices so that parents can make informed decisions,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department and the FTC are committed to ensuring that companies comply with the laws specifically designed to safeguard the privacy of children.”

“This settlement requires Microsoft to clearly communicate with parents about their child’s data and sets up procedures to monitor Microsoft’s compliance with federal statutes regarding children’s online privacy. This work will make children safer online,” said U.S. Attorney Nick Brown for the Western District of Washington. “I commend Microsoft for quickly acknowledging it was illegally collecting and retaining personal data of children younger than 13, and for taking steps to fix the problem.”

“Our proposed order makes it easier for parents to protect their children’s privacy on Xbox, and limits what information Microsoft can collect and retain about kids,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “This action should also make it abundantly clear that kids’ avatars, biometric data, and health information are not exempt from COPPA.”

This matter is being handled by Trial Attorney Katherine M. Ho, Senior Trial Attorney James T. Nelson, and Assistant Director Lisa K. Hsiao of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington. Megan Cox and Peder Magee represent the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of California, visit its website at www.justice.gov/usao-wdwa. For more information about the FTC, visit its website at www.FTC.gov.

Source: United States Department of Justice News

Defendant Shot Victim Following a Series of Arguments Started by an Instagram Post

            WASHINGTON – Lewkus Turner, 29, of Washington, D.C., was found guilty by a jury of voluntary manslaughter while armed and related charges stemming from a mid-afternoon shooting on December 11, 2020, at 29^th and S Streets Southeast, announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan M. Benedict, of the Metropolitan Police Department (MPD).

            Turner was found guilty by a jury, on June 9, 2023, following a trial in the Superior Court of the District of Columbia, of voluntary manslaughter while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm.  The Honorable Maribeth Raffinan scheduled sentencing for August 25, 2023.

            According to the government’s evidence, just before 4:00 p.m. on December 11, 2021, the victim—and Turner’s first cousin—Vincent Gyamfi, drove to the 1600 block of 29^th Street SE to speak to Turner regarding an Instagram post Turner had made earlier in the week. Shortly after arriving in the area, an argument broke out and Turner left the area. Turner returned shortly thereafter armed with a gun and the two men argued again before leaving in separate directions, with Mr. Gyamfi stopping his vehicle near the intersection of 29^th and S Streets SE. At 4:07 p.m., Turner drove to the intersection and confronted his cousin for a final time. Mr. Gyamfi ran at Turner’s car, and Turner shot Mr. Gyamfi three times with a large caliber weapon. Turner then dragged Mr. Gyamfi’s body into the street, got into his vehicle, and fled the scene without calling for aid.

            Turner was arrested in the murder case on December 29, 2021.  He has been in custody ever since.

            In announcing the verdict, U.S. Attorney Graves and Interim Chief Benedict commended the work of those who investigated the case from the Metropolitan Police Department.  They also expressed appreciation for the assistance provided by the U.S. Marshals Service and FBI CAST team.  They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Dan Lenerz and Bryan Han of the Appellate Section; Investigative Analyst Zachary McMenamin; Victim/Witness Advocate Karina Hernandez; Special Agents Mark Crawford and Durand Odom of the Criminal Investigations Unit; Supervisory Victim/Witness Service Coordinator Katina Adams-Washington, Victim/Witness Service Coordinators Tonya Jones and Maenylie Watson; Supervisory Budget Analyst Nikiya Burnette and Accounting Technician Evelyn Miles; Paralegal Specialist Meridith McGarrity; and Litigation Technology Specialist Charlie Bruce.

            Finally, they commended the work of Assistant U.S. Attorneys Gregory Kimak, Christopher Carson, and Gauri Gopal, who investigated, indicted, and prosecuted the case.