Month: October 2024

Source: United States Department of Justice Criminal Division

Note: View the unsealed criminal complaint here. 

The Justice Department today announced charges against a citizen of Afghanistan residing in Oklahoma City, Oklahoma, for conspiring to conduct an Election Day terrorist attack in the United States on behalf of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization (FTO).

According to a criminal complaint filed today, Nasir Ahmad Tawhedi, 27, conspired and attempted to provide material support to ISIS and obtained firearms and ammunition to conduct a violent attack on U.S. soil in the name of ISIS. As part of the plot, the defendant allegedly took steps to liquidate his family’s assets, resettle members of his family overseas, acquire AK-47 assault rifles and ammunition, and commit a terrorist attack in the United States.

“As charged, the Justice Department foiled the defendant’s plot to acquire semi-automatic weapons and commit a violent attack in the name of ISIS on U.S. soil on Election Day,” said Attorney General Merrick B. Garland. “We will continue to combat the ongoing threat that ISIS and its supporters pose to America’s national security, and we will identify, investigate, and prosecute the individuals who seek to terrorize the American people. I am deeply grateful to the public servants of the FBI, National Security Division, and U.S. Attorney’s Office for the Western District of Oklahoma for their work to disrupt this attack and for the work they do every day to protect our country.”

“This defendant, motivated by ISIS, allegedly conspired to commit a violent attack, on Election Day, here on our homeland,” said FBI Director Christopher Wray. “I am proud of the men and women of the FBI who uncovered and stopped the plot before anyone was harmed. Terrorism is still the FBI’s number one priority, and we will use every resource to protect the American people.”

“Thanks to the relentless efforts of the FBI, National Security Division’s Counterterrorism Section, and federal prosecutors in my office, the alleged plan to commit an attack on Election Day was disrupted and Mr. Tawhedi was arrested,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Fighting terrorism remains the top priority of the Justice Department. We will continue to pursue, disrupt, and hold accountable those who plot to commit acts of terrorism against our country and our people.”

According to the criminal complaint, as part of the investigation into Tawhedi, the FBI searched Tawhedi’s phone and obtained communications between Tawhedi and a person who facilitated recruitment, training, and indoctrination of persons who expressed interest in terrorist activity and who Tawhedi understood to be affiliated with ISIS. Tawhedi was also seen in a video recorded on July 20 reading to two children text that describes the rewards a martyr receives in the afterlife. Tawhedi also allegedly accessed, viewed, and saved ISIS propaganda on his iCloud and Google account, participated in pro-ISIS Telegram groups, and contributed to a charity which fronts for and funnels money to ISIS.

The complaint alleges that while liquidating their family’s assets prior to the attack, Tawhedi and his co-conspirator, who is a juvenile, advertised the sale of the family’s personal property on Facebook. At the FBI’s direction, a confidential human source responded to inquire if a computer was still for sale. The FBI source noted that he needed the computer for a new gun business he was starting, which ultimately led Tawhedi and the juvenile to meet with the source and other FBI assets at a rural location to test firearms. Tawhedi expressed interest in purchasing two AK-47 assault rifles, magazines, and ammunition from the source.

According to the criminal complaint, on Oct. 7, Tawhedi and the juvenile met with the FBI assets at a rural location in the Western District of Oklahoma and purchased, received, and took possession of two AK-47 assault rifles, ten magazines, and 500 rounds of ammunition. Upon receipt of the rifles and ammunition, Tawhedi and the juvenile were arrested.

In his seized communications, Tawhedi allegedly indicated that his attack was planned for Election Day, and in a post-arrest interview, Tawhedi allegedly confirmed the attack was planned for Election Day targeting large gatherings of people, during which he and the juvenile were expected to die as martyrs.

Tawhedi was charged with conspiring and attempting to provide material support to ISIS, which carries a maximum prison sentence of 20 years, and receiving a firearm to be used to commit a felony or a federal crime of terrorism, which carries a maximum prison sentence of 15 years, if convicted.

The case is being investigated by the FBI Oklahoma City Field Office, with valuable assistance from the Oklahoma City Police Department and the Moore, Oklahoma Police Department.

Assistant U.S. Attorneys Jessica L. Perry, Matt Dillon, and Mark Stoneman for the Western District of Oklahoma and Trial Attorneys George C. Kraehe and Everett McMillian of the National Security Division’s Counterterrorism Section are prosecuting the case.

A criminal complaint 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

Bob Dean Jr. and several companies that he owned and operated have agreed to an $8.2 million consent judgment to resolve allegations that they violated the National Housing Act of 1934 (NHA), by misappropriating and misusing the assets and income of four nursing homes in Louisiana before and after Hurricane Ida’s landfall in August 2021. The four nursing homes, all of which were owned and operated by Dean and his companies, and had loans insured by the Federal Housing Administration (FHA), are Maison De’Ville Nursing Home in Houma; Maison De’Ville Nursing Home in Harvey; Maison Orleans Healthcare in New Orleans; and West Jefferson Health Care Center in Harvey.

The FHA, part of the Department of Housing and Urban Development (HUD), provides mortgage insurance on loans that cover residential care facilities, such as nursing homes, pursuant to the NHA. To encourage lenders to make loans to such facilities, FHA mortgage insurance provides lenders with protection against losses that result from borrowers defaulting on their mortgage loans. To obtain such FHA-insured loans, loan recipients must enter into regulatory agreements with the FHA that provide, among other requirements, that the assets and income of an FHA-insured nursing home may only be spent on goods and services that are reasonable and necessary to the operation of the nursing home. The NHA permits the United States to recover twice the amount of any assets and income of FHA-insured nursing homes that were improperly distributed or misspent.

In 2023, the government filed a complaint against Dean and his corporate entities alleging that they misspent the nursing homes’ assets and income. The United States alleged that in the five years leading up to Hurricane Ida, Dean funneled money that should have been used to prepare an evacuation site for nursing home residents to his personal bank accounts, leaving his nursing homes — and, more importantly, the nursing homes’ residents — unprepared for a hurricane. As a result, when Hurricane Ida made landfall in August 2021, the residents of Dean’s nursing homes had to ride out the storm in an overcrowded and ill-prepared industrial warehouse Dean owned through a corporate entity. The United States alleged that at Dean’s evacuation center, his nursing homes’ residents languished in squalor and did not receive adequate care, leading to the Louisiana Department of Health evacuating the nursing home residents from Dean’s warehouse and revoking Dean’s nursing homes’ licenses. The United States further alleged that, following the hurricane, Dean did not use the homes’ income and assets solely to operate or maintain the nursing homes, but instead to purchase personal goods and services, including antiques, firearms and cars.

“This settlement demonstrates the department’s continuing commitment to holding accountable those who put their own financial gain over the needs of our nation’s seniors,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to take action to protect the integrity of federal programs designed to ensure that nursing home residents, who are among our most vulnerable citizens, receive appropriate care.”

“As the residents of Louisiana well know, hurricanes and natural disasters can devastate people’s lives,” said U.S. Attorney Ronald C. Gathe Jr for the Middle District of Louisiana. “Nursing home operators like Mr. Dean have an obligation to protect their residents during such events, particularly if they are going to rely on federal programs to support or sustain their businesses. This settlement will ensure that those individuals charged with caring for our community’s most vulnerable residents take seriously their duty to have proper safeguards and plans in place to avoid tragedies like the one we saw in Independence, Louisiana, after Hurricane Ida.”

“Nursing home providers have obligations to protect the health, safety, and welfare of residents entrusted to their care,” said HUD General Counsel Damon Smith. “Owners of FHA-insured nursing homes should be on notice that we will hold them accountable when we learn of allegations that they have failed to meet those obligations.”

“By the time Hurricane Ida bore down on the vulnerable nursing home residents at properties operated by Mr. Dean, he illegally skimmed funding from those facilities and failed to maintain sanitation and adequately equip the warehouse he designated as the evacuation site,” said HUD Inspector General Rae Oliver Davis. “He unfairly enriched himself while residents under his charge endured horrid conditions including insufficient food and medical care. HUD OIG will continue to work with our law enforcement and prosecutorial partners to hold accountable those who misappropriate funds at the expense of vulnerable populations.”

The Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Louisiana handled the case, with substantial assistance from HUD and HUD’s Office of Inspector General. Trial Attorneys Christopher Reimer and Samuel Robins of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Davis Rhorer Jr. and Chase Zachary for the Middle District of Louisiana handled the matter.

The United States’ complaint stemmed from an investigation that the Justice Department initiated as part of its Elder Justice Initiative, which supports the efforts of state and local prosecutors, law enforcement and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources and information. Learn more about the Justice Department’s Elder Justice Initiative at www.justice.gov/elderjustice.

The claims settled by this agreement are allegations only. There has been no determination of liability.

Source: United States Department of Justice 2

Bob Dean Jr. and several companies that he owned and operated have agreed to an $8.2 million consent judgment to resolve allegations that they violated the National Housing Act of 1934 (NHA), by misappropriating and misusing the assets and income of four nursing homes in Louisiana before and after Hurricane Ida’s landfall in August 2021. The four nursing homes, all of which were owned and operated by Dean and his companies, and had loans insured by the Federal Housing Administration (FHA), are Maison De’Ville Nursing Home in Houma; Maison De’Ville Nursing Home in Harvey; Maison Orleans Healthcare in New Orleans; and West Jefferson Health Care Center in Harvey.

The FHA, part of the Department of Housing and Urban Development (HUD), provides mortgage insurance on loans that cover residential care facilities, such as nursing homes, pursuant to the NHA. To encourage lenders to make loans to such facilities, FHA mortgage insurance provides lenders with protection against losses that result from borrowers defaulting on their mortgage loans. To obtain such FHA-insured loans, loan recipients must enter into regulatory agreements with the FHA that provide, among other requirements, that the assets and income of an FHA-insured nursing home may only be spent on goods and services that are reasonable and necessary to the operation of the nursing home. The NHA permits the United States to recover twice the amount of any assets and income of FHA-insured nursing homes that were improperly distributed or misspent.

In 2023, the government filed a complaint against Dean and his corporate entities alleging that they misspent the nursing homes’ assets and income. The United States alleged that in the five years leading up to Hurricane Ida, Dean funneled money that should have been used to prepare an evacuation site for nursing home residents to his personal bank accounts, leaving his nursing homes — and, more importantly, the nursing homes’ residents — unprepared for a hurricane. As a result, when Hurricane Ida made landfall in August 2021, the residents of Dean’s nursing homes had to ride out the storm in an overcrowded and ill-prepared industrial warehouse Dean owned through a corporate entity. The United States alleged that at Dean’s evacuation center, his nursing homes’ residents languished in squalor and did not receive adequate care, leading to the Louisiana Department of Health evacuating the nursing home residents from Dean’s warehouse and revoking Dean’s nursing homes’ licenses. The United States further alleged that, following the hurricane, Dean did not use the homes’ income and assets solely to operate or maintain the nursing homes, but instead to purchase personal goods and services, including antiques, firearms and cars.

“This settlement demonstrates the department’s continuing commitment to holding accountable those who put their own financial gain over the needs of our nation’s seniors,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to take action to protect the integrity of federal programs designed to ensure that nursing home residents, who are among our most vulnerable citizens, receive appropriate care.”

“As the residents of Louisiana well know, hurricanes and natural disasters can devastate people’s lives,” said U.S. Attorney Ronald C. Gathe Jr for the Middle District of Louisiana. “Nursing home operators like Mr. Dean have an obligation to protect their residents during such events, particularly if they are going to rely on federal programs to support or sustain their businesses. This settlement will ensure that those individuals charged with caring for our community’s most vulnerable residents take seriously their duty to have proper safeguards and plans in place to avoid tragedies like the one we saw in Independence, Louisiana, after Hurricane Ida.”

“Nursing home providers have obligations to protect the health, safety, and welfare of residents entrusted to their care,” said HUD General Counsel Damon Smith. “Owners of FHA-insured nursing homes should be on notice that we will hold them accountable when we learn of allegations that they have failed to meet those obligations.”

“By the time Hurricane Ida bore down on the vulnerable nursing home residents at properties operated by Mr. Dean, he illegally skimmed funding from those facilities and failed to maintain sanitation and adequately equip the warehouse he designated as the evacuation site,” said HUD Inspector General Rae Oliver Davis. “He unfairly enriched himself while residents under his charge endured horrid conditions including insufficient food and medical care. HUD OIG will continue to work with our law enforcement and prosecutorial partners to hold accountable those who misappropriate funds at the expense of vulnerable populations.”

The Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Louisiana handled the case, with substantial assistance from HUD and HUD’s Office of Inspector General. Trial Attorneys Christopher Reimer and Samuel Robins of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Davis Rhorer Jr. and Chase Zachary for the Middle District of Louisiana handled the matter.

The United States’ complaint stemmed from an investigation that the Justice Department initiated as part of its Elder Justice Initiative, which supports the efforts of state and local prosecutors, law enforcement and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources and information. Learn more about the Justice Department’s Elder Justice Initiative at www.justice.gov/elderjustice.

The claims settled by this agreement are allegations only. There has been no determination of liability.

Source: United States Department of Justice Criminal Division

The Justice Department today sued Fitness International LLC, also called LA Fitness, for discriminating against people with disabilities at its gym and fitness clubs. LA Fitness is the largest chain of owner-operated gym and fitness clubs in the United States, with nearly 700 locations across the country.

The lawsuit, filed in the U.S. District Court for the Central District of California, alleges LA Fitness violated the Americans with Disabilities Act (ADA), which prohibits public accommodations, including gym and fitness clubs, from discriminating against people with disabilities. The ADA requires LA Fitness to give people with disabilities equal access to LA Fitness’ services and facilities, remove architectural barriers to make its facilities accessible to people with disabilities and maintain accessible features. The ADA also prohibits LA Fitness from charging extra fees to people with disabilities.

Yet, as the department’s lawsuit alleges, LA Fitness gym and fitness clubs have many barriers that prevent LA Fitness members with disabilities from accessing the clubs or using the clubs’ pools and fitness equipment. Common barriers include broken pool lifts and broken elevators.  Sometimes, these issues left people with mobility disabilities unable to get into clubs or pools at all. Other times, people with disabilities have gotten stuck dangling over the water on broken pool lifts, have had to call LA Fitness staff to help them get in and out of pools or have had to crawl out of pools. Even after members with disabilities complained about these issues, LA Fitness did not fix them for long periods of time.

“Access to physical fitness activity is crucial for promoting the health and well-being of all Americans, including those with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “For over 30 years, the ADA has prohibited gyms and fitness clubs like LA Fitness from denying patrons with disabilities the opportunity to use and enjoy facilities enjoyed by patrons without disabilities. Through this lawsuit, the Justice Department seeks to eliminate LA Fitness’s discriminatory barriers and ensure that people with disabilities have equal access to fully participate at their local LA Fitness gym and fitness clubs.”

“Ensuring accessibility is key to safeguarding civil rights for all Americans,” said U.S. Attorney Martin Estrada for the Central District of California. “Our office is committed to ensuring that people with disabilities have access to public accommodations by enforcing the protections afforded by the Americans with Disabilities Act. When we support those with disabilities, our entire community benefits.”

Through the lawsuit, the department asks the court to stop LA Fitness from discriminating against people with disabilities, including by requiring LA Fitness to make its facilities and equipment accessible. The department also seeks monetary damages for people harmed by LA Fitness’ discrimination. This includes people who were directly harmed by LA Fitness’ barriers to access and broken equipment, as well people who need help to use LA Fitness’ clubs and were charged extra fees to have a friend, nurse or personal assistant help them use LA Fitness facilities.

If you or someone you know had trouble accessing an LA Fitness gym or fitness club because of a disability, including due to a broken pool lift or elevator, or if you were charged an extra fee to have someone help you access LA Fitness’ equipment, please call 1-888-392-5417 (toll-free), or email Claims.LAFitness@usdoj.gov. 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. For more information on the Civil Rights Division, please visit www.justice.gov/crt.