Justice Department Finds State of Missouri Unnecessarily Institutionalizes Adults with Mental Health Disabilities in Skilled Nursing Facilities in Violation of the Americans with Disabilities Act and Improperly Relies on Guardianship

Source: United States Department of Justice

The Justice Department announced today its findings that the State of Missouri violated Title II of the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing adults with mental health disabilities in nursing facilities. The investigation also examined the role of guardianships in such institutionalization.

The Justice Department determined that there is reasonable cause to believe Missouri violates the ADA by failing to provide the community-based services adults with mental health disabilities need in order to remain in their communities. It also found that the state is improperly relying on guardianship and that this leads to people entering nursing facilities even though community-based services are appropriate for their needs.

“People with mental health disabilities should not have to be confined to a nursing facility because they cannot access the community-based services they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will safeguard the rights of people with disabilities to participate fully in their communities. The state’s reliance on guardianships that serve as a pipeline to nursing facilities, rather than engaging people in community-based mental health services, has led to violations of the ADA.”

The department’s investigation found Missouri fails to provide community-based mental health services for many people with mental health disabilities who need them, including services such as:

  • Assertive Community Treatment;
  • Case management;
  • Supported employment;
  • Mobile crisis response;
  • Crisis stabilization services;
  • Permanent Supportive Housing;
  • Peer support; and
  • Supported Decision-Making.

Instead, the state makes nursing facility services for these people. Missouri can reasonably modify its system to remedy this violation by expanding community-based services and implementing processes to ensure that individuals can receive those services rather than entering nursing facilities.

Individuals with information relevant to this matter can contact the department by leaving a voicemail at 833-610-1242 or emailing Community.Missouri@usdoj.gov. The Justice Department will hold two virtual community meetings on Tuesday, June 25, at 6 p.m. CT/7 p.m. ET and Wednesday, June 26, at 12 p.m. CT/1 p.m. ET. Members of the public are encouraged to attend to learn more about the findings. Please register to join these meetings by clicking on the respective link. If you need an interpreter or accommodation to attend, please email Community.Missouri@usdoj.gov.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt/rights-persons-disabilities and www.ada.gov.

View the findings report here.

View the notice letter here.

Multiple Alabama Individuals Charged for Sex Trafficking and Related Offenses

Source: United States Department of Justice

A federal judge in the Middle District of Alabama unsealed an eight-count indictment today charging five individuals with sex trafficking and related offenses. 

According to the indictment, Kimani Jones, 30, Treymane Lambert, 48, and Aleecia Scott, 27, of Montgomery, Alabama, used force, fraud and coercion to compel adult women to engage in commercial sex acts between August 2016 and November 2020. Jones also used force, fraud and coercion to compel two minors to engage in commercial sex acts during that period, and Joseph Keon Bowe, 37, of Notasulga, Alabama, used force, fraud and coercion to compel a minor to engage in commercial sex acts between August 2018 and March 2019.

In addition, the indictment charges Jones with transporting one minor and one adult woman across state lines for purposes of prostitution in November 2016 and January 2020. A fifth defendant, Daryle Gardner, 30, of Prattville, Alabama, is charged with transporting an adult woman for purposes of prostitution in January 2020.

If convicted, the defendants face a range of penalties, including substantial prison terms, and mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Jonathan S. Ross for the Middle District of Alabama and Acting Special Agent in Charge Anthony J. Patrone of Homeland Security Investigations (HSI) made the announcement.

HSI, the Alabama Law Enforcement Agency, Montgomery Sheriff’s Office, Montgomery Police Department and Montgomery Attorney General’s Office investigated the case.

Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit and Assistant U.S. Attorney Tara Ratz for the Middle District of Alabama are prosecuting the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

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

Justice Department Finds That Utah Violates Federal Civil Rights Law by Segregating People with Disabilities

Source: United States Department of Justice

The Justice Department announced today its findings that Utah is violating the Americans with Disabilities Act (ADA) by unnecessarily segregating youth and adults with intellectual and developmental disabilities (I/DD) during the day, instead of helping them find work and spend their days in their communities.

The department found that the State relies on segregated settings, such as sheltered workshops and day facilities, where people with I/DD have limited interaction with people without disabilities and have little choice in how to spend their time. As a result, thousands of Utahns with I/DD spend their days separated from their communities. Other individuals with I/DD in the State, including youth with I/DD who are transitioning out of children’s services, are at serious risk of unnecessary segregation in these settings.

“Full inclusion in society is a central promise of the ADA,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People with intellectual and developmental disabilities are entitled to full inclusion, and to the dignity and purpose that comes with deciding where to work and how to spend their days.”

Utah’s sheltered workshops are often located in large, industrial warehouses. People with I/DD who work in sheltered workshops may spend all day at the warehouse, performing rote tasks — like shredding paper — often for less than minimum wage. In day facilities, people with I/DD may similarly spend all day at the facility with nothing much to do other than craft or watch TV.

The ADA and the U.S. Supreme Court’s decision in Olmstead v. L.C. require state and local governments to make their services for people with disabilities available in the most integrated setting appropriate to each person’s needs. In October 2023, the department issued guidance explaining how this federal requirement applies to publicly-funded employment and day services.

The Civil Rights Division’s Disability Rights Section investigated the case, with assistance from the U.S. Attorney’s Office for the District of Utah.

For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov/topics/community-integration/.

For more information on the Civil Rights Division, please visit www.justice.gov/crt.

Defense News: It’s Been the Privilege of a Lifetime: Leadership of Tactical Training Group Atlantic Changes Hands

Source: United States Navy

Rear Adm. Max McCoy, commander of Carrier Strike Group (CSG) 4, presided over the ceremony.

“CSG-4 and TTGL are centers of excellence for strike group training. They matter more now than they ever have. They prepare our ships, Amphibious Ready Group – Marine Expeditionary Unit teams, and Carrier Strike Groups to deter, defend, and if necessary, defeat the enemy in combat,” said McCoy. “Our ships, shipmates, partners, and Allies operate in a dangerous and dynamic environment – we sail into harm’s way.”

He also commended Anderson for his leadership as part of the teams delivering relevant combat capability to the Navy, Marine Corps, and Joint Force team.

“As the former CSG-4 Chief of Staff and Commanding officer of TTGL, Sean consistently demonstrated his leadership and led revolutionary improvements to integrated training. As the world continues to be volatile and the threat evolves, we adapted and elevated training while strengthening relationships across the Fleet,” he continued. “Sean provided achievable solutions and mentorship that enabled our ship captains, major commanders, and strike group commanders to lead competent warfighting units.”

Anderson is a native of Wisconsin, and a graduate of the University of Wisconsin. His career was marked by a breadth of experience in multiple platforms with a focus on fleet training and operations.

In addition to command of TTGL, he previously commanded USS Bulkeley (DDG 84) and Destroyer Squadron (DESRON) TWO. He is a plankowner aboard USS Carney (DDG 64), and served in various leadership positions aboard USS Rodney M. Davis (FFG 60), USS Kearsarge (LHD 3), USS Kauffman (FFG 59), and USS Nitze (DDG 94). He also served twice at CSG-4, first as the Asst. Chief of Staff for Training and Assessments, and later as the Chief of Staff.

Ashore he served as Flag Aide to Commander, Naval Surface Forces Atlantic, as the director of operations at Tactical Support Center Sigonella, the Fleet Command Center Director at U.S. Fleet Forces Command, and the executive assistant to the Fleet Forces Command Director of Maritime Operations.

“It’s been the privilege of a lifetime to lead this elite team of civilians and active duty staff to train deploying strike groups and deliver relevant, highly-capable warfighting teams supporting our fleet and combatant commanders,” said Anderson.

“The two things I am most proud of this team for are meeting the ever-growing LVC [live, virtual, and constructive training] demand signal, and their dynamic adaptability to adjust the training to match improving adversary capabilities while incorporating our latest high-end tactics and procedures. Each exercise is more complex and better than the last, which demands a total team effort.”

Anderson turned over lead of TTGL to Quaresimo, a career surface warfare officer and native of Stroudsburg, Penn. who commissioned through the Navy’s Seaman to Admiral Program.

“You are the right warfighter at the right time to take the helm at TTGL…You’ve been riding shotgun and equally accountable for both CSG-4 and TTGL’s recent successes,” said McCoy. “You and your staff are sprinting and leading. Be bold, move fast, and don’t look back.”

TTGL is the benchmark for Fleet LVC and synthetic training, and work closely with U.S. Fleet Forces Command at the Hefti Global LVC Operations Center, which held a ribbon cutting ceremony on May 14.

Quaresimo’s career experience in training, operations, and resourcing and requirements will support the continued training and development of integrated naval forces and the Navy’s approach to training continuums.

“It is with a deep sense of honor that I step into this role. I am proud of our team, and am honored to be here celebrating their success under Sean’s steady leadership,” said Quaresimo. “I know our team will continue to accelerate learning, and I am confident we will train and mentor carrier strike group, amphibious ready group, and independent deploying teams to take on the many challenges they may face in today’s operating environment.”

TTGL’s mission is to train, mentor, and assess carrier strike group, expeditionary strike group, amphibious ready group and Marine Expeditionary Units, and their warfare commanders and staffs for global deployment against peer competitors. TTGL is a supporting command to CSG-4 alongside Expeditionary Warfare Training Group Atlantic.

Carrier Strike Group 4’s mission is to train, mentor, and assess carrier strike groups, amphibious ready groups, and independent deployers for global combat against peer competitors. You can find them on LinkedIn, Twitter, Facebook, and DVIDS.

Federal Indictment Alleges Alliance Between Sinaloa Cartel and Money Launderers Linked to Chinese Underground Banking

Source: United States Department of Justice Criminal Division

The Justice Department today announced a 10-count superseding indictment charging Los Angeles-based associates of Mexico’s Sinaloa drug cartel with conspiring with money-laundering groups linked to Chinese underground banking to launder drug trafficking proceeds. During the conspiracy, more than $50 million in drug proceeds flowed between the Sinaloa Cartel associates and Chinese underground money exchanges.

Following close coordination with the Justice Department, Chinese and Mexican law enforcement informed United States authorities that those countries recently arrested fugitives named in the superseding indictment who fled the United States after they were initially charged last year.

The multi-year investigation into this conspiracy—dubbed “Operation Fortune Runner”—resulted in a superseding indictment returned on April 4 and unsealed on Monday charging a total of 24 defendants with one count of conspiracy to aid and abet the distribution of cocaine and methamphetamine, one count of conspiracy to launder monetary instruments, and one count of conspiracy to operate an unlicensed money transmitting business. 

The superseding indictment alleges that a Sinaloa Cartel-linked money laundering network collected and, with help from a San Gabriel Valley, California-based money transmitting group with links to Chinese underground banking, processed large amounts of drug proceeds in U.S. currency in the Los Angeles area. They then allegedly concealed their drug trafficking proceeds and made the proceeds generated in the United States accessible to cartel members in Mexico and elsewhere.

Lead defendant Edgar Joel Martinez-Reyes, 45, of East Los Angeles, and others allegedly used a variety of methods to hide the money’s source, including trade-based money laundering, “structuring” assets to avoid federal financial reporting requirements, and the purchase of cryptocurrency.

Twenty of the individuals charged in the superseding indictment are expected to be arraigned in the U.S. District Court in downtown Los Angeles in the coming weeks, including one who was arraigned on Monday.

“Dangerous drugs like fentanyl and methamphetamine are destroying people’s lives but drug traffickers only care about their profits,” said U.S. Attorney Martin Estrada for the Central District of California. “To protect our community, therefore, it is essential that we go after the sophisticated, international criminal syndicates that launder the drug money. As this indictment and our international actions show, we will be dogged in our pursuit of all those who facilitate destruction in our country and make sure they are held accountable for their actions.” 

“Relentless greed, the pursuit of money, is what drives the Mexican drug cartels that are responsible for the worst drug crisis in American history,” said DEA Administrator Anne Milgram. “This DEA investigation uncovered a partnership between Sinaloa Cartel associates and a Chinese criminal syndicate operating in Los Angeles and China to launder drug money. Laundering drug money gives the Sinaloa Cartel the means to produce and import their deadly poison into the United States. DEA’s top operational priority is to save American lives by defeating the cartels and those that support their operations. This investigation is the latest example, and there is more to come.”

“Drug traffickers generate immense amounts of cash through their illicit operations. This case is a prime example of Chinese money launderers working hand in hand with drug traffickers to try to legitimize profits generated by drug activities,” said Chief Guy Ficco of IRS Criminal Investigation. “We have made it a priority to identify, disrupt, and dismantle any money launderers working with drug cartels and we are committed to our partnerships with federal, state, and local law enforcement agencies to combat drug cartels and those who assist them in laundering drug proceeds.”

As part of this investigation, law enforcement has seized approximately $5 million in narcotics proceeds, 302 pounds of cocaine, 92 pounds of methamphetamine, 3,000 Ecstasy pills, 44 pounds of psilocybin (magic mushrooms), numerous ounces of ketamine, three semi-automatic rifles with high-capacity magazines, and eight semi-automatic handguns.

Background

The Sinaloa Cartel is largely responsible for the massive influx of fentanyl into the United States over the past approximately eight years, and for the accompanying violence and deaths that have afflicted communities on both sides of the border. The cartel’s activities generate enormous sums of U.S. currency in the United States that belong to the cartel in Mexico. Profits from the drug trade must be repatriated to Mexico for use by the cartel.

Chinese underground money exchanges in the United States assist the Sinaloa and other cartels to move their profits from the United States to Mexico by providing a ready market for U.S. currency in the United States. 

Many wealthy Chinese nationals who live, work, or invest in China wish to transfer assets to the United States for various reasons but are barred by the Chinese government’s capital flight restrictions from transferring the equivalent of more than $50,000 per year out of China. These individuals seek informal alternatives to the conventional banking system to move their funds.

To transfer money to the United States, the China-based investor contacts an individual who has U.S. dollars available to sell in the United States. The seller of U.S. dollars provides identifying information for a bank account in China with instructions for the investor to deposit Chinese currency (renminbi) in that account. Once the owner of the account sees the deposit, an equivalent amount of U.S. dollars is released to the buyer in the United States.

The sellers of U.S. currency in the United States obtain dollars in a variety of ways. Some of them accept cash from individuals engaged in criminal activity that generates large amounts of bulk currency, including drug trafficking. These U.S. currency brokers charge a percentage commission as a fee to the owner of the criminal proceeds to conceal the nature and source of the funds—typically far less for their services than their competitors. Drug traffickers increasingly have partnered with Chinese underground money exchanges to take advantage of the large demand for U.S. dollars from Chinese nationals.

The funds that are transferred in China are then used to pay for goods purchased by businesses and organizations in Mexico or elsewhere such as consumer goods or items needed to aid the drug trafficking organization to manufacture illegal drugs, such as precursor chemicals, including fentanyl.

The Superseding Indictment

According to the superseding indictment, from October 2019 to October 2023, members and operatives of the Sinaloa Cartel imported large quantities of narcotics, including fentanyl, cocaine, and methamphetamine, into the United States, generating huge sums of drug cash proceeds in U.S. dollars.

In January 2021, Martinez-Reyes allegedly traveled to Mexico to meet with Sinaloa Cartel members to strike a deal with money remitters with links to Chinse underground banking to launder drug trafficking proceeds in the United States. After the deal was struck, the Sinaloa Cartel—through their connections and associates—distributed cocaine, methamphetamine, and other narcotics, generating U.S. dollars as drug proceeds.

Martinez-Reyes and other conspirators allegedly then delivered the currency—frequently in amounts of hundreds of thousands of U.S. dollars in cash—to other members of the Chinese underground money exchange and remitting organizations to be laundered for a fee. The remitting organizations possessed large amounts of U.S. currency and could help wealthy Chinese nationals evade China’s currency controls.

The money remitters allegedly disposed of the drug proceeds by either delivering United States currency directly to their money exchange customers or by purchasing real or personal property, including luxury goods and cars to be shipped to China. Additionally, the remitters also moved illicit drug proceeds through cryptocurrency transactions. They also allegedly used a variety of traditional methods to place the funds into the traditional banking system such as purchasing cashier’s checks, or “structuring,” that is, depositing small amounts at a time into bank accounts opened for this purpose to avoid banks from reporting large cash deposits to the U.S. government.

The remaining seven counts charge individual defendants with crimes such as possession of pound quantities of cocaine and methamphetamine, structuring funds to avoid federal reporting requirements placed on banks, and one count of assault with a deadly weapon on a federal officer.

If convicted of all charges, each defendant faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison.

The DEA, IRS Criminal Investigation, South Gate Police Department, Downey Police Department, Glendora Police Department, Fullerton Police Department, and El Monte Police Department are investigating the case, with valuable assistance from the FBI and U.S. Marshals Service.

Assistant U.S. Attorney Julie J. Shemitz for the Central District of California is prosecuting the case. The Justice Department’s Office of International Affairs and Criminal Division’s Narcotic and Dangerous Drug Section’s Special Operations Unit assisted with the investigation and overseas coordination in the case.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

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