Month: September 2024

Source: United States Department of Justice 2

A former New Mexico sheriff’s deputy was sentenced today to nine years in prison followed by three years of supervised release and required to register as a sex offender under the Federal Sex Offender Registration and Notification Act for violating the civil rights of a female arrestee and for obstruction of justice.

On April 23, Michael A. Martinez, 34, pleaded guilty to sexually assaulting a female arrestee inside his patrol car and for obstructing justice by attempting to destroy his patrol car’s WatchGuard DVR system, which had recorded footage from his patrol car’s internal cameras of the sexual assault.

“Sexual assaults perpetrated by police officers are heinous crimes and a disgraceful breach of the public’s trust in law enforcement,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant’s misconduct — exploiting the power of his badge, weaponizing his authority as a police officer and sexually assaulting a handcuffed victim in the back of his patrol vehicle — violated the victim’s core civil rights and basic standards of decency. We encourage survivors to come forward and report these crimes to the FBI. The sentence imposed today should send a strong message that the Justice Department will do all it can to hold accountable those who abuse their authority by sexually assaulting people in their custody.”

“Those that wear the uniform are expected to treat members of the public they serve with dignity and respect,” said U.S. Attorney Alexander M. M. Uballez for the District of New Mexico. “This includes protecting the rights of those who are in their custody. When an officer abuses their position, they erode the trust of the community we serve. We will scrupulously investigate, and vigorously prosecute, those who abuse the public trust and then try to cover up their misdeeds. The badge will not shield you from justice.”

“The violation of civil rights is a serious issue, especially when committed by those entrusted with enforcing the law,” said Special Agent in Charge Raul Bujanda of the FBI Albuquerque Field Office. “An officer who betrays their duty to protect and serve undermines the integrity of the entire profession. The FBI will not hesitate to investigate any officer or agent who breaks the laws they are meant to enforce or who infringes on the civil rights of others.”

According to court documents, at the time of the offense, Martinez worked as sheriff’s deputy for the Doña Ana Sheriff’s Office in Doña Ana County, New Mexico. On April 30, 2023, Martinez responded to a car accident and placed the victim under arrest for driving while intoxicated and careless driving. Martinez transported the victim to a medical center and, after the victim received medical clearance, he handcuffed her hands behind her back and put her back inside his patrol car, where he proceeded to sexually assault her. Afterwards, he transported her to the Doña Ana Detention Center.

Several hours later, Martinez attempted to physically destroy his patrol car’s WatchGuard DVR system, which is the patrol car’s internal video camera system that, among other things, records and stores footage from the patrol car’s backseat camera. Martinez, correctly, believed that that the DVR system contained a video recording of him sexually assaulting the victim in the backseat of his patrol car and attempted to destroy and conceal that recording from any future investigation. 

The FBI Albuquerque Field Office, Las Cruces Resident Agency investigated the case, with assistance from the Doña Ana Sheriff’s Office and New Mexico State Police.

Assistant U.S. Attorney Matilda Villalobos for the District of New Mexico and Trial Attorney Laura Gilson of the Justice Department’s Civil Rights Division prosecuted the case.

Source: United States Department of Justice Criminal Division

Remarks as Prepared for Delivery

Thank you, Attorney General Garland, Deputy Attorney General Monaco, and Director Wray for your commitment to safeguarding our elections. With your leadership and support, the Criminal Division’s Public Integrity Section continues to spearhead the Election Threats Task Force.  There is no mission more critical to the Criminal Division than deterring, disrupting, and punishing criminal threats to our elections.   

Since we last met with department leadership in May, the Task Force has filed charges or secured convictions against defendants in Arizona, Colorado, Kentucky, and Michigan and opened new investigations across the country.

The Task Force is also preparing for election day. Our attorneys are meeting with election officials around the country and recently hosted a training for FBI and Justice Department personnel nationwide, to address threats of violence to the election community and other criminal threats to our elections.

And we are surging additional resources to these efforts. The Public Integrity Section added five attorneys to support its Election Crimes Branch, to ensure a rapid response to reports of election crimes. As we approach election day, we will ensure that the team has all the resources it needs to perform its essential work.

I could not be prouder of the Election Threats Task Force. As we move forward, I am confident that their dedicated efforts will continue to put us in the best position possible to support and protect the election community.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has opened an investigation into the conditions of two prison facilities operated by the California Department of Corrections and Rehabilitation (CDCR): Central California Women’s Facility in Chowchilla and the California Institution for Women in Chino.

Based on an extensive review of publicly available information and information gathered from stakeholders, the department has found significant justification to open this investigation. The investigation will evaluate whether CDCR protects people incarcerated at Central California Women’s Facility and the California Institution for Women from sexual abuse by correctional staff.

“No woman incarcerated in a jail or prison should be subjected to sexual abuse by prison staff who are constitutionally bound to protect them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Every woman, including those in prison, retains basic civil and constitutional rights and should be treated with dignity and respect. California must ensure that the people it incarcerates are housed in conditions that protect them from sexual abuse. This investigation will determine whether California is meeting its constitutional obligations.”

“Concern about the physical safety of people inside California women’s prisons is not new,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Media coverage, state audits, advocates’ efforts and private litigation have sought to draw attention to an issue often unseen by many in the community. This investigation responds to those concerns and will aim to ensure that California is meeting its constitutional duty to incarcerated individuals.” 

“Sexual abuse and misconduct will not be tolerated in prisons,” U.S. Attorney Martin Estrada for the Central District of California said. “Together, with our colleagues in the Eastern District and the Civil Rights Division, my office will thoroughly investigate the conditions at Central California Women’s Facility and the California Institution for Women to determine whether California is meeting its constitutional obligations to incarcerated persons.”   

• Women have filed hundreds of private lawsuits in the past two years alleging officer sexual abuse of people incarcerated at the Central California Women’s Facility over the last decade, ranging from allegations of inappropriate groping during searches and genital rubbing to forcible rape.
• This week in state court, a trial is scheduled to begin involving allegations that a former correctional officer at the Central California Women’s Facility engaged in widespread sexual assaults. Of course, these are allegations and the state process will proceed. 
• A civil lawsuit was filed on behalf of 21 women incarcerated at the California Institution for Women and included allegations of forcible rape and penetration, groping, oral copulation, as well as threats of violence and punishment with abusive conduct ranging from 2014 to 2020.
• Correctional staff at both facilities reportedly sought sexual favors in return for contraband and privileges.
• The correctional officers named in these allegations range in rank and have included the very people responsible for handling complaints of sexual abuse made by women incarcerated at these facilities.
• In March, a working group established by the State and composed of advocacy groups and community-based organizations published a report to the California Legislature that identified longstanding cultural deficiencies in addressing staff sexual abuse, including an unsafe and inaccessible reporting process and the absence of staff accountability.

Justice Department officials have informed California state officials of the investigation. The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act. This statute gives the department the authority to investigate systemic violations of the rights of individuals in institutional settings, including prisons.  

The Civil Rights Division’s Special Litigation Section is conducting this investigation jointly with the U.S. Attorneys’ Offices for the Eastern and Central Districts of California. Individuals with relevant information are encouraged to contact the department via phone at 1-888-392-9490  or by email at Community.CAWomensPrisons@usdoj.gov.  

Additional information about the Civil Rights Division’s work regarding correctional facilities is available on its website at www.justice.gov/crt/rights-persons-confined-jails-and-prisons.

Source: United States Department of Justice Criminal Division

Note: View the indictment here. 

An indictment charging Russian nationals Kostiantyn Kalashnikov, 31, also known as Kostya, and Elena Afanasyeva, 27, also known as Lena, with conspiracy to violate the Foreign Agents Registration Act (FARA) and conspiracy to commit money laundering was unsealed today in the Southern District of New York. Kalashnikov and Afanasyeva are at large. 

“The Justice Department has charged two employees of RT, a Russian state-controlled media outlet, in a $10 million scheme to create and distribute content to U.S. audiences with hidden Russian government messaging,” said Attorney General Merrick B. Garland. “The Justice Department will not tolerate attempts by an authoritarian regime to exploit our country’s free exchange of ideas in order to covertly further its own propaganda efforts, and our investigation into this matter remains ongoing.”

“Our approach to combating foreign malign influence is actor-driven, exposing the hidden hand of adversaries pulling strings of influence from behind the curtain,” said Deputy Attorney General Lisa Monaco. “As alleged in today’s indictment, Russian state broadcaster RT and its employees, including the charged defendants, co-opted online commentators by funneling them nearly $10 million to pump pro-Russia propaganda and disinformation across social media to U.S. audiences. The Department will not tolerate foreign efforts to illegally manipulate American public opinion by sowing discord and division.”

“Covert attempts to sow division and trick Americans into unwittingly consuming foreign propaganda represents attacks on our democracy,” said FBI Director Christopher A. Wray. “Today’s actions show that as long as foreign adversaries like Russia keep engaging in hostile influence campaigns, they are going to keep running into the FBI. We will continue to do everything we can to expose the hidden hand of foreign adversaries like Russia and disrupt their efforts to meddle in our free and open society.”

“The Russian government has long sought to sow discord and chaos in the United States through propaganda and foreign malign influence campaigns,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “As alleged, the covert operations by RT employees exploited our free and open press and targeted millions of Americans as unwitting victims of Russia’s psychological warfare.”

“As alleged, the Russian state broadcaster RT orchestrated a massive scheme to influence the American public by secretly planting and financing a content creation company on U.S. soil,” said U.S. Attorney Damian Williams for the Southern District of New York. “The instruments of the scheme were RT employees Kostiantyn Kalashnikov and Elena Afanasyeva, who managed the operation from Moscow using fake personas and shell companies, and the victims of the scheme were the American people, who received Russian messaging without knowing it. As the charges unsealed today demonstrate, this Office will work with our law enforcement partners to unmask and hold accountable all those who conduct malign influence campaigns in the United States, no matter how hard they try to hide their tracks.”

According to the court documents, RT, formerly known as Russia Today, is a state-controlled media outlet funded and directed by the Government of Russia. Over at least the past year, RT and its employees, including Kalashnikov and Afanasyeva, deployed nearly $10 million to covertly finance and direct a Tennessee-based online content creation company (U.S. Company-1). In turn, U.S. Company-1 published English-language videos on multiple social media channels, including TikTok, Instagram, X, and YouTube. Since publicly launching in or about November 2023, U.S. Company-1 has posted nearly 2,000 videos that have garnered more than 16 million views on YouTube alone. Many of the videos posted by U.S. Company-1 contain commentary on events and issues in the U.S., such as immigration, inflation, and other topics related to domestic and foreign policy. While the views expressed in the videos are not uniform, most are directed to the publicly stated goals of the Government of Russia and RT — to amplify domestic divisions in the United States. 

In order to carry out RT’s secret influence campaign in the United States, Kalashnikov and Afanasyeva operated under covert identities at U.S. Company-1. Posing as an outside editor, Kalashnikov edited U.S. Company-1 content, monitored U.S. Company-1’s funding and hiring, and introduced Afanasyeva as a member of his purported editing team. Using the fake personas Helena Shudra and Victoria Pesti, Afanasyeva posted and directed the posting by U.S. Company-1 of hundreds of videos. Afanasyeva also collected information from and gave instructions to U.S. Company-1  staff. For example, after the March 22, 2024, terrorist attack on a music venue in Moscow, Afanasyeva asked one of U.S. Company-1’s founders to blame Ukraine and the United States for the attack, writing: “I think we can focus on the Ukraine/U.S. angle. . . . [T]he mainstream media spread fake news that ISIS claimed responsibility for the attack yet ISIS itself never made such statements. All terrorists are now detained while they were heading to the border with Ukraine which makes it even more suspicious why they would want to go to Ukraine to hide.” 

Between in or about October 2023 and in or about August 2024, RT sent wire transfers to U.S. Company-1 totaling approximately $9.7 million, which represented nearly 90% of U.S. Company-1’s bank deposits from all sources combined. The wires were sent from shell companies in Turkey, the United Arab Emirates, and Mauritius, and were often accompanied by wire notes ascribing the payments to the purchase of electronics. For example, the wire note for a $318,800 wire payment from a shell entity in Turkey to U.S. Company-1 on March 1, read: “BUYING GOODS-INV.013-IPHONE 15 PRO MAX 512GB.” 

U.S. Company-1 never disclosed to its viewers that it was funded and directed by RT. Nor did U.S. Company-1 or its two founders register with the Attorney General as an agent of a foreign principal.

Kalashnikov and Afanasyeva both of Russia, are charged with conspiracy to violate FARA, which carries a maximum sentence of five years in prison, and conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI is investigating the case.

Assistant U.S. Attorneys Alexander Li and Juliana Murray for the Southern District of New York and Trial Attorney Brett Reynolds of the Justice Department’s National Security Division Counterintelligence and Export Control Section 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.