Month: September 2024

Source: United States Department of Justice Criminal Division

The Justice Department today announced that the U.S. Marshals Service (USMS) arrested 3,421 violent fugitives, including 216 for homicide, 803 for assault, and 482 for weapons offenses, during the latest phase of its high-impact fugitive apprehension initiative called Operation North Star FY 2024 (ONS FY24).

ONS FY24 enforcement activities covered 74 operational days, from May 10 to Sept. 13, and targeted fugitives and violent offenders in 10 metropolitan areas, prioritizing those who used firearms in the commission of crimes or signaled high risk factors for violence. ONS FY24 targeted violent offenders wanted on warrants for homicide, sexual offenses, robbery, aggravated assault, and firearms violations. During the operation, investigators also seized 534 firearms, more than $508,000 in U.S. currency, and 456 kilograms in illegal narcotics, including 138 pounds and over 550,000 pills of deadly fentanyl.

The 10 metropolitan areas selected for ONS FY24 were identified using data from the National Crime Information Center and the FBI Uniform Crime Report, and included Dallas and Fort Worth, Texas; Charleston and North Charleston, South Carolina; Baton Rouge, Louisiana; Little Rock, Arkansas; Phoenix; St. Louis (to include East St. Louis, Illinois); Birmingham, Alabama; Winston-Salem, North Carolina; Dayton, Ohio; and San Antonio.

“We first launched Operation North Star in 2022 to identify and apprehend the most dangerous fugitives and violent offenders,” said Attorney General Merrick B. Garland. “From May to September of this year, the U.S. Marshals Service worked with state and local law enforcement partners in 10 metropolitan areas to arrest more than 3,400 fugitives and violent offenders and seize large quantities of firearms and fentanyl. I am deeply grateful to every Deputy U.S. Marshal, Task Force Officer, investigator, and police officer who carried out these arrests, and who did so at great risk to themselves.”

“Over the past year, the Marshals Service conducted Operation North Star in 10 cities across the country experiencing high levels of gun violence,” said USMS Director Ronald L. Davis. “Over 3,000 dangerous fugitives, including over 200 homicide suspects, were apprehended and removed from neighborhoods. The success of this operation is the result of the outstanding combined efforts of our Deputies and Task Force Officers, along with strong collaboration with the community and our local, state, and federal law enforcement partners.”

Since July 2022, in a total of 30 locations, USMS Operation North Star initiatives have resulted in the apprehension of more than 10,200 wanted fugitives, including 1,153 charged with homicide, in addition to the removal of more than 1,425 weapons associated with violent crime. The agency utilized a data-driven, evidence-based approach to remove the dangerous criminals who are the drivers of violence in those communities. The concept behind interagency law enforcement operations such as ONS evolved largely from regional and district fugitive task forces. Since the 1980s, the USMS has combined its resources and expertise with local, state, and federal agencies to find and apprehend dangerous fugitives.

Significant arrests:

Aaron Michael Jones was arrested on May 20, in Baton Rouge, Louisiana, by members of the Middle Louisiana Task Force. He was wanted by the Baton Rouge Police Department for home invasion, domestic abuse battery, and child endangerment.

Hayden Bates-Vellmure, Jordan Elijah Jackson, Allan Gilbert, and Patrick Biscoe were arrested on May 22, 2024, in Fort Worth, Texas, by members of the North Texas Fugitive Task Force. The four were wanted on charges relating to a drive-by shooting, which injured multiple children. The arrest team recovered nine handguns and one shotgun.

Garron Stevenson was arrested on May 21, in St. Louis, by USMS personnel from the Eastern District of Missouri. He was wanted for the unlawful use of a weapon and first-degree murder after opening fire at a street racing event, striking seven people and killing a 14-year-old. An AR-15 style rifle and a revolver were recovered during the arrest.

Michael Muldovan was arrested on Aug. 15, in Sterling, Virginia, by members of the Capital Area Regional Fugitive Task Force. He was wanted in Winston-Salem, North Carolina, for first degree statutory rape and indecent liberties with a child.

View ONS FY24 operational photographs here.

View the ONS FY24 B-Roll video here.

For more information on ONS FY24 visit USMarshals.gov.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has filed a lawsuit against the State of Alabama and the Alabama Secretary of State to challenge a systematic State program aimed at removing voters from its election rolls too close to the Nov. 5 general election, in violation of the National Voter Registration Act of 1993 (NVRA).

“The right to vote is one of the most sacred rights in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law. Officials across the country should take heed of the National Voter Registration Act’s clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election. The Quiet Period Provision of federal law exists to prevent eligible voters from being removed from the rolls as a result of last-minute, error-prone efforts. The Justice Department will continue to use all the tools it has available to ensure that the voting rights of every eligible voter are protected.”

Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists by no later than 90 days before federal elections. The Quiet Period Provision applies to certain systematic programs carried out by states that are aimed at striking names from voter registration lists based on a perceived failure to meet initial eligibility requirements — including citizenship — at the time of registration. The Quiet Period is an important protection for voters, because systematic removal programs may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the state’s errors in time to vote or may be dissuaded from voting at all. States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election.

On Aug. 13, the Secretary of State announced the launch of a “process to remove noncitizens registered to vote in Alabama.” This was 84 days before the Nov. 5 general election. The Justice Department’s review found that both native-born and naturalized U.S. citizens have received letters stating that their voter record has been made inactive and that they have been placed on a path for removal from Alabama’s statewide voter registration list. The letter directs recipients who are in fact U.S. citizens and eligible to vote to complete and submit an attached State of Alabama Voter Registration Form. In turn, that form instructs that people may not register to vote in the 14 days before an election. This systematic voter removal program, which the State is conducting within 90 days of the upcoming federal election, violates the Quiet Period Provision.

The Justice Department seeks injunctive relief that would restore the ability of impacted eligible voters to vote unimpeded on Election Day and would prohibit future Quiet Period violations. The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens.

More information about voting and elections is available at www.justice.gov/voting. More information about the NVRA and other federal voting laws is available at www.justice.gov/crt/voting-section. The department recently announced a new guidance document addressing limits on when and how jurisdictions may remove voters from their voter lists. Complaints about discriminatory voting practices may be reported to the Civil Rights Division’s Voting Section through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931. 

Source: United States Department of Justice Criminal Division

The Justice Department and the Environmental Protection Agency (EPA) today announced a settlement with the Lima Refining Company (LRC), a wholly-owned subsidiary of Canadian-based Cenovus Energy, to address violations of the Clean Air Act at its refinery in Lima, Ohio.

Under the settlement, LRC must pay a civil penalty of $19 million and implement an estimated $150 million in capital investments, including control technology expected to reduce emissions of benzene by an estimated 4.34 tons per year, other hazardous air pollutants (HAP) by 16.26 tons per year, and other volatile organic compound emissions (VOC) by 219 tons per year. The Lima Refinery is surrounded by a community with environmental justice concerns.

“This settlement is part of an ongoing initiative to curtail illegal benzene and VOC emissions at refineries that have failed to allocate the necessary personnel and capital investments to ensure compliance with rules they have long been subject to,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, the refinery will implement controls that will greatly improve air quality and reduce health impacts on the overburdened community that surrounds the refinery.”

“Lima Refinery unlawfully exposed the surrounding community to toxic benzene emissions and other hazardous pollutants,” said Assistant Administrator David Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement demonstrates how monitoring can help protect overburdened communities from harmful emissions from the oil and gas sector, including refineries. Lima will pay a substantial penalty for its violations and install $150 million in emissions controls that will provide cleaner air and healthier water to a community that deserves nothing less.” *

“Environmental justice is a core priority of our Office and of the Department. Through its illegal emissions of benzene, VOCs and other pollutants from its facility, the LRC impermissibly violated the Clean Air Act and jeopardized the health of Ohio’s residents,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “We will continue to be vigilant and strictly enforce environmental laws and regulations to protect our district’s residents from toxic pollutants. Ohioans should not have to worry about living and working in an area where air pollution from local industry could make them sick.”

As part of the settlement, LRC will install one or more flash columns to reduce benzene in wastewater streams leading to its wastewater treatment plant and will cease operating, replace or upgrade other units at the refinery. LRC will also install six air pollutant monitoring stations to monitor air quality outside of the refinery fence line and make the results publicly available.

The United States’ complaint, filed simultaneously with the settlement, alleges that LRC violated federal regulations limiting benzene in refinery wastewater streams, and HAP and VOC emissions at its Lima Refinery, as well as the general requirement to use good air pollution control practices.

Benzene is known to cause cancer in humans. Short-term inhalation exposure to benzene also may cause drowsiness, dizziness, headaches, as well as eye, skin and respiratory tract irritation, and, at high levels, unconsciousness. Long-term inhalation exposure can cause various disorders in the blood, including reduced numbers of red blood cells and anemia in occupational settings. Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.

VOCs, along with nitrous oxide, play a major role in the atmospheric reactions that produce ozone, which is the primary constituent of smog. Ground-level ozone exposure is linked to a variety of short- and long-term health problems, including difficulty breathing, aggravated asthma, reduced lung capacity and increased susceptibility to respiratory illnesses like pneumonia and bronchitis.

This settlement is part of EPA’s and the Justice Department’s ongoing focus to assist communities that have been historically marginalized and disproportionately exposed to pollution.

For more information about the settlement, please visit www.epa.gov/enforcement/2024-lima-refining-clean-air-act-benzene-waste-neshap-and-volatile-organic-compounds.

The proposed consent decree, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a public comment period and final court approval. Information on submitting comment and access to the settlement agreement is available at: www.justice.gov/enrd/consent-decrees.

The EPA investigated the case.

Attorneys with the Environment and Natural Resources Division’s Environmental Enforcement Section are handling the case.

*Editor’s note: this quote has been updated for accuracy to remove the words “fence line.”

Source: United States Department of Justice Criminal Division

An indictment was unsealed yesterday charging a Florida man with threatening to kill his primary opponent in the 2021 election for the 13th Congressional District of Florida and a private citizen and acquaintance of his opponent.

According to the indictment, William Robert Braddock III, 41, of St. Petersburg, and Victim 1 were candidates in the primary election to represent the 13th Congressional District of Florida in the U.S. House of Representatives. Victim 2 was a private citizen and acquaintance of Victim 1. On June 8, 2021, Braddock made several threats to injure and kill Victim 1 and Victim 2 during a telephone call with Victim 2. Specifically, Braddock threatened, in part, to “call up my Russian-Ukrainian hit squad” and make Victim 1 disappear. After making the threats, Braddock left the United States and was later found to be residing in the Philippines. Braddock was recently deported from the Philippines to the United States and made his first court appearance yesterday in Los Angeles.

Braddock is charged with one count of interstate transmission of a true threat to injure another person. If convicted, Braddock faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

The FBI Tampa Field Office is investigating the case with support from the St. Petersburg Police Department. The Justice Department’s Office of International Affairs, FBI’s Office of the Legal Attaché in Manila, and U.S. Marshals Service provided substantial assistance. The investigation also benefited from foreign law enforcement cooperation provided by the Philippine Department of Justice and Philippine Bureau of Immigration.

Trial Attorney Alexandre Dempsey of the Criminal Division’s Public Integrity Section (PIN) and Assistant U.S. Attorney Carlton Gammons for the Middle District of Florida are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Three years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.

Under the leadership of Deputy Attorney General Monaco, the task force is led by PIN and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

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

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it, together with the City of New Orleans (the City), has jointly moved for the City to enter into a two-year “sustainment period” according to the terms of a negotiated plan, bringing the consent decree concerning the New Orleans Police Department (NOPD) closer to successful resolution.

The joint motion and proposed plan, which must be approved by the U.S. District Court for the Eastern District of Louisiana, recognize the significant progress NOPD and the City have made that supports entry into the two-year sustainment period required by the consent decree. The two-year sustainment period is designed to ensure that reforms will continue even after the consent decree’s eventual termination. During this time, NOPD and the City have an opportunity to demonstrate that they have the systems in place to monitor their own compliance with the decree and take meaningful corrective actions when necessary. The agreement also requires the City and NOPD to complete important obligations under the consent decree to continue the reform process.

“Today’s filing recognizes the significant progress the City of New Orleans and the New Orleans Police Department have made to ensure constitutional and fair policing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We look forward to continuing to work with NOPD, the City and the Court Monitor to achieve full and enduring compliance with the consent decree, an outcome that helps strengthen public safety and enhance police-community relations.”

“After years of hard work and intense collaboration, the City of New Orleans and the New Orleans Police Department are well on the path to demonstrate compliance and sustainability of policing reforms required by the consent decree,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Constitutional policing standards are essential to preserving community trust and confidence in law enforcement. Our office, along with the Justice Department, will continue to work with the NOPD, the City of New Orleans and the Court Monitor to a positive resolution.”

NOPD has made notable progress in achieving compliance with the consent decree, including reforms that go beyond the requirements of the decree. For example:

• Reduced Use of Force: Since entry of the consent decree, NOPD’s total use of force has declined, and its serious use of force has declined by 47% from 2015 to 2023.
• Improved Stop, Search and Arrest Practices: NOPD’s 2023 Stop, Search and Arrest audit — which used a comprehensive protocol approved by an independent monitor and the Justice Department — found an overall 95.4% rate of compliance with the Stop, Search and Arrest requirements of the decree.
• Improved Response Times: NOPD responded quicker to calls for service after NOPD piloted a program this year which added a new platoon to one of its busiest districts during peak service times. NOPD has committed to evaluating whether it can add a new platoon to other districts.
• Improved Language Access: NOPD has translated key policies and forms into Spanish and Vietnamese (two of New Orleans’ commonly spoken languages besides English), increased the number of their certified Spanish and Vietnamese interpreters, rolled out a smart phone application to enable telephonic translation in the field and committed to periodically assessing the translation services needed throughout the city.
• Policing Free of Gender Bias: NOPD added 11 new investigators to help reduce individual caseloads in cases involving sexual violence. NOPD has also implemented a call‑back process for callers who were gone on arrival when NOPD responded on scene.
• Crisis Intervention Team: The City developed a Mobile Crisis Intervention Unit to help respond to incidents involving people in crisis. The Mobile Crisis Intervention Unit handles calls in place of NOPD or as a co-responder with NOPD. The City’s dispatch system has diverted 3,360 calls for service to this unit from June 1, 2023 to July 17, 2024.

The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Eastern District of Louisiana handled the matter.

The Civil Rights Division continues to prioritize constitutional policing and currently has pending investigations into police departments across the country, including in Memphis, Tennessee; New York City; and Rankin County, Mississippi. The consent decree, as well as additional information about the Civil Rights Division, are available on its website at www.justice.gov/crt/special-litigation-section.