Month: June 2024

Source: United States Department of Justice Criminal Division

A federal jury in the District of Columbia today convicted former Officer Philip Dupree, 38, of the Fairmount Heights Police Department in Maryland, for using excessive force.

“Police brutality and violent misconduct against defenseless people are disgraceful acts that have no place in our society today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When law enforcement officers abuse their power, it erodes trust with the communities they are sworn to protect and serve. The victim was handcuffed and already restrained in the back of the defendant’s squad car at the time of the assault. The Justice Department is committed to holding accountable law enforcement officers who violate the civil and constitutional rights of those in their custody.”

“We depend on law enforcement officers to protect our communities from crimes and to protect our civil rights while doing so,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “An officer who abuses his authority breaks the community’s trust and unfairly tarnishes the reputation of the vast majority of officers who do their jobs the right way. The jury found that the defendant broke that trust when he unjustly and unreasonably used force and violence against a fellow citizen.”

“Law enforcement officers swear to protect the people they serve, including those in their custody,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “Dupree defiled that responsibility and violated a man’s civil rights. As this case demonstrates, the FBI will not hesitate to investigate officers of the law who engage in misconduct, including those who use excessive force.”

During a weeklong jury trial, the evidence showed that, during the early morning hours of Aug. 4, 2019, Dupree was on duty as a Fairmont Heights Police Officer when he conducted a traffic stop in the District of Columbia. Dupree detained a man identified as T.S. and then deployed pepper spray as T.S. was handcuffed and seated in the back of Dupree’s police car. The government argued, and the jury found, that Dupree’s use of force was a violation of T.S.’ right to be free from excessive force by a law enforcement officer.

A sentencing hearing will be set at a later date. Dupree faces a maximum penalty of 10 years in prison for his alleged use of unreasonable force.

The FBI Washington Field Office is investigating the case.

Trial Attorney Sanjay Patel of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Kathryn Rakoczy and Christopher Howland for the District of Columbia are prosecuting the case.

Source: United States Department of Justice Criminal Division

The Justice Department, together with the Federal Trade Commission (FTC), today announced a civil enforcement action against Adobe Inc. and two Adobe executives, Maninder Sawhney and David Wadhwani, for alleged violations of the Restore Online Shoppers’ Confidence Act (ROSCA). The lawsuit alleges that the defendants imposed a hidden “Early Termination Fee” on millions of online subscribers and that Adobe forced subscribers to navigate a complex and challenging cancellation process designed to deter them from cancelling subscriptions they no longer wanted.

Adobe Inc. is a software company that offers online subscriptions to design and productivity software applications via its website, Adobe.com. David Wadhwani is Adobe’s President of Digital Media Business, and Maninder Sawhney is Adobe’s Vice President of Digital Go to Market & Sales.

According to a complaint filed in the U.S. District Court for the Northern District of California, the defendants have systematically violated ROSCA by using fine print and inconspicuous hyperlinks to hide important information about Adobe’s subscription plans, including about a hefty Early Termination Fee that customers may be charged when they cancel their subscriptions. The complaint alleges that for years, Adobe has profited from this hidden fee, misleading consumers about the true costs of a subscription and ambushing them with the fee when they try to cancel, wielding the fee as a powerful retention tool.

The complaint alleges that Adobe has further violated ROSCA by failing to provide consumers with a simple mechanism to cancel their recurring, online subscriptions. Instead, Adobe allegedly protects its subscription revenues by thwarting subscribers’ attempts to cancel, subjecting them to a convoluted and inefficient cancellation process filled with unnecessary steps, delays, unsolicited offers and warnings.

The lawsuit seeks unspecified amounts of consumer redress and monetary civil penalties from the defendants, as well as a permanent injunction to prohibit them from engaging in future violations.

“The Justice Department is committed to stopping companies and their executives from preying on consumers who sign up for online subscriptions by hiding key terms and making cancellation an obstacle course,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to enforce ROSCA against those who engage in such misconduct. No company, whether it is a small business or a member of the Fortune 500 like Adobe, is above the law.”

“Companies that sell goods and services on the internet have a responsibility to clearly and prominently disclose material information to consumers,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California.  “It is essential that companies meet that responsibility to ensure a healthy and fair marketplace for all participants.  Those that fail to do so, and instead take advantage of consumers’ confusion and vulnerability for their own profit, will be held accountable.”

“Adobe trapped customers into year-long subscriptions through hidden early termination fees and numerous cancellation hurdles,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Americans are tired of companies hiding the ball during subscription signup and then putting up roadblocks when they try to cancel. The FTC will continue working to protect Americans from these illegal business practices.”

Trial Attorneys Francisco L. Unger, Amber M. Charles, Zachary L. Cowan and Wesline N. Manuelpillai of the Civil Division’s Consumer Protection Branch and Assistant Director Zachary A. Dietert are handling the case, with assistance by Assistant U.S. Attorney David M. DeVito for the Northern District of California, in coordination with staff at the FTC’s Bureau of Consumer Protection.

For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit www.FTC.gov.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that the Civil Rights Division and U.S. Attorneys’ Offices for the Eastern, Northern, Southern and Western Districts of Texas secured settlement agreements with Colorado County, Runnels County, Smith County and Upton County to resolve the department’s findings that the counties violated Title II of the Americans with Disabilities Act (ADA) by maintaining election websites that discriminate against individuals with vision or manual disabilities.

“Voting in the 21st century requires that officials make their websites accessible to people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Discriminatory barriers on election websites can prevent people with disabilities from exercising their right to vote. These agreements should send a message to state and local officials across the country about the importance of ensuring that their election websites are accessible for voters with disabilities so that they can participate equally in our democratic process.”

The election websites for these four Texas counties provide essential information about how to vote, such as registration requirements, identification requirements and voting information for people with disabilities. The websites also link to other critical information, including details about early voting and voting on election day.

Under the settlement agreements, the counties agreed to make all future and existing online election content accessible to people with disabilities. The counties also agreed to hire an independent auditor to evaluate the accessibility of their election websites’ content, adopt new policies and training for relevant personnel, provide notice to visitors and users of the websites to solicit comments and requests about any accessibility barriers and designate an employee to coordinate its efforts.

These four investigations are part of the department’s ADA Voting Initiative, which safeguards the voting rights of individuals with disabilities. To read more about the ADA and how it applies to voting, please visit www.ada.gov/topics/voting/. These settlement agreements also are part of the Civil Rights Division’s Tech Equity Initiative to combat disability discrimination that occurs through technology such as websites and mobile apps.

Source: United States Department of Justice Criminal Division

Guidehouse Inc., headquartered in McLean, Virginia, has paid $7,600,000 and Nan McKay and Associates (Nan McKay), headquartered in El Cajon, California, has paid $3,700,000 to resolve allegations that they violated the False Claims Act by failing to meet cybersecurity requirements in contracts intended to ensure a secure environment for low-income New Yorkers to apply online for federal rental assistance during the COVID-19 pandemic.

In early 2021, Congress established the emergency rental assistance program (ERAP) to provide financial assistance to eligible low-income households to cover the costs of rent, rental arrears, utilities and other housing-related expenses during the COVID-19 pandemic. Participating governments were required to establish programs to distribute the federal funding to eligible tenants and landlords. In New York, the Office of Temporary and Disability Assistance (OTDA) was the state agency responsible for administering New York’s ERAP. In May 2021, Guidehouse and OTDA entered a contract under which Guidehouse, as the prime contractor, assumed responsibility for the New York ERAP, including for the ERAP technology and services provided to New Yorkers. Nan McKay, in turn, served as Guidehouse’s subcontractor and was responsible for delivering and maintaining the ERAP technology product used in New York to fill out and submit online applications requesting rental assistance (ERAP Application).

Guidehouse and Nan McKay shared responsibility for ensuring that the ERAP Application underwent cybersecurity testing in its pre-production environment before it was launched to the public. As part of the settlements announced today, Guidehouse and Nan McKay admitted that neither satisfied their obligation to complete the required pre-production cybersecurity testing. The state’s ERAP went live on June 1, 2021. Twelve hours later, OTDA shut down the ERAP website after determining that certain applicants’ personally identifiable information (PII) had been compromised and portions were available on the internet. Guidehouse and Nan McKay acknowledged that had either of them conducted the contractually-required cybersecurity testing, the conditions that resulted in the information security breach may have been detected and the incident prevented.

In addition, as part of its settlement, Guidehouse admitted that for a short time period in 2021, it used a third-party data cloud software program to store personally identifiable information without first obtaining OTDA’s permission, in violation of its contract.

“Federal funding frequently comes with cybersecurity obligations, and contractors and grantees must honor these commitments,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to pursue knowing violations of material cybersecurity requirements aimed at protecting sensitive personal information.”

“Contractors who receive federal funding must take their cybersecurity obligations seriously,” said U.S. Attorney Carla B. Freedman for the Northern District of New York. “We will continue to hold entities and individuals accountable when they knowingly fail to implement and follow cybersecurity requirements essential to protect sensitive information.”

“These vendors failed to meet their data integrity obligations in a program on which so many eligible citizens depend for rental security, which jeopardized the effectiveness of a vital part of the government’s pandemic recovery effort,” said Acting Inspector General Richard K. Delmar of the Department of the Treasury. “Treasury OIG is grateful for DOJ’s support of its oversight work to accomplish this recovery.”

“This settlement sends a strong message to New York State contractors that there will be consequences if they fail to safeguard the personal information entrusted to them or meet the terms of their contracts,” said New York State Comptroller Thomas P. DiNapoli. “Rental assistance has been vital to our economic recovery, and the integrity of the program needs to be protected. I thank the United States Department of Justice, United States Attorney for the Northern District of New York Freedman and the United States Department of Treasury Office of the Inspector General for their partnership in exposing this breach and holding these vendors accountable.” 

On Oct. 6, 2021, the Deputy Attorney General announced the department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put sensitive information at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols or knowingly violating obligations to monitor and report cybersecurity incidents. Information on how to report cyber fraud can be found here.

The United States’ investigation was prompted by a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds, and to receive a share of any recovery. The settlement agreements in this case provide for the whistleblower, Elevation 33 LLC, an entity owned by a former Guidehouse employee, to receive a $1,949,250 share of the settlement amounts. The case is captioned United States ex rel. Elevation 33, LLC v. Guidehouse Inc. et al., Case No. 1:22-cv-206 (N.D.N.Y.)

Trial Attorney J. Jennifer Koh of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Adam J. Katz for the Northern District of New York handled this matter, with assistance from the Department of the Treasury OIG and the Office of the New York State Comptroller.

Source: United States Department of Justice Criminal Division

An Indian national was extradited to the United States from the Czech Republic to face murder-for-hire charges.

Nikhil Gupta, also known as Nick, 53, an Indian national, was arrested and detained in the Czech Republic on June 30, 2023, and extradited pursuant to the bilateral extradition treaty between the United States and the Czech Republic. Gupta arrived in the United States on June 14 and was presented on the charges today.

“This extradition makes clear that the Justice Department will not tolerate attempts to silence or harm American citizens,” said Attorney General Merrick B. Garland. “Nikhil Gupta will now face justice in an American courtroom for his involvement in an alleged plot, directed by an employee of the Indian government, to target and assassinate a U.S. citizen for his support of the Sikh separatist movement in India. I am grateful to the Department’s agents who foiled this assassination plot and to our Czech partners for their assistance in this arrest and extradition.”

“This murder-for-hire plot — allegedly orchestrated by an Indian government employee to kill a U.S. citizen in New York City — was a brazen attempt to silence a political activist for exercising a quintessential American right: his freedom of speech,” said Deputy Attorney General Lisa Monaco. “The extradition of the defendant is a vital step toward justice, and I am grateful to our Czech partners for their assistance in this matter. We will continue working relentlessly to identify, disrupt, and hold accountable those who seek to harm American citizens here or abroad.”

“This defendant has been extradited for his alleged role in a plot to assassinate a U.S. citizen on American soil,” said Director Christopher Wray of the FBI. “The FBI will not tolerate attempts by foreign nationals, or anyone else for that matter, to repress constitutionally-protected freedoms in the United States. We will continue to work with our partners at home and abroad to protect our citizens and these sacred rights.”

“As alleged, the defendant conspired from India with an Indian government employee to in an unsuccessful assassination plot, right here in New York City, against a U.S. citizen of Indian origin,” said U.S. Attorney Damian Williams for the Southern District of New York. “Today’s extradition makes clear our unwavering resolve to investigate, thwart, and prosecute those who seek to harm and silence U.S. citizens here and elsewhere. We thank our Czech government counterparts for their close cooperation in this extradition.”

“Last year, the DEA uncovered an assassination plot orchestrated by an Indian government employee and Nikhil Gupta, an international narcotics trafficker. Gupta is alleged to have orchestrated a dangerous plot to murder a U.S. citizen on U.S. soil. DEA’s number one priority is always the health and safety of the American people,” said DEA Administrator Anne Milgram. “This extradition is the result of the hard work and commitment of the DEA New York Division’s Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department. This case is also a testament to the partnerships DEA has built with our law enforcement partners around the globe, like the Czech Republic’s National Drug Headquarters, as well as our federal law enforcement partners here at home.” 

According to court documents, last year, an Indian government employee (CC-1) worked together with Gupta and others in India and elsewhere to direct an assassination plot against an attorney and political activist, who is a U.S. citizen of Indian origin, on U.S. soil.

Gupta is an Indian national who resides in India, is an associate of CC-1, and has described his involvement in international narcotics and weapons trafficking in his communications with CC-1 and others. CC-1 is an Indian government agency employee who has variously described himself as a “senior field officer” with responsibilities in “security management” and “intelligence” and has referenced previously serving in India’s Central Reserve Police Force and receiving “officer [] training” in “battle craft” and “weapons.” CC-1 directed the assassination plot from India.

In or about May 2023, CC-1 recruited Gupta to orchestrate the assassination of the victim in the U.S. The victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the victim and his separatist organization from India.

At CC-1’s direction, Gupta contacted an individual whom Gupta believed to be a criminal associate but was in fact a confidential source working with the DEA (the CS) for assistance in contracting a hitman to murder the victim in New York City. The CS introduced Gupta to a purported hitman, who was in fact a DEA undercover officer (the UC). CC-1 subsequently agreed, in dealings brokered by Gupta, to pay the UC $100,000 to murder the victim. On or about June 9, 2023, CC-1 and Gupta arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. CC-1’s associate then delivered the $15,000 to the UC in Manhattan.

In or about June 2023, in furtherance of the assassination plot, CC-1 provided Gupta with personal information about the victim, including the victim’s home address, phone numbers associated with the victim and details about the victim’s day-to-day conduct, which Gupta then passed to the UC. CC-1 directed Gupta to provide regular updates on the progress of the assassination plot, which Gupta accomplished by forwarding to CC-1, among other things, surveillance photographs of the victim. Gupta directed the UC to carry out the murder as soon as possible, but Gupta also specifically instructed the UC not to commit the murder around the time of anticipated engagements scheduled to occur in the ensuing weeks between high-level U.S. and Indian government officials.

On or about June 18, 2023, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the victim, and like the victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, Gupta told the UC that Nijjar “was also the target” and “we have so many targets.” Gupta added that, in light of Nijjar’s murder, there was “now no need to wait” on killing the victim. On or about June 20, 2023, CC-1 sent Gupta a news article about the victim and messaged Gupta, “[i]t’s [a] priority now.”

Gupta is charged with murder-for-hire and conspiracy to commit murder-for-hire. If convicted, he faces a maximum sentence of 10 years in prison for each charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and DEA are investigating the case.

The Justice Department’s Office of International Affairs worked with Czech authorities to secure the arrest and extradition of Gupta.

Trial Attorneys Christopher Cook and Robert McCullers of the National Security Division’s Counterintelligence and Export Control Section, Trial Attorney A.J. Dixon of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas and Alexander Li for the Southern District of New York 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.