Month: October 2024

Source: United States Department of Justice Criminal Division

The Justice Department announced today that NH Learning Solutions Corp. (NHLS) has agreed to pay $975,000 to resolve allegations that it submitted false claims to the Department of Veterans Affairs (VA) for inflated educational assistance benefits under the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill). The United States filed suit against NHLS under the False Claims Act (FCA) in December 2022, in the U.S. District Court for the Eastern District of Michigan. Detroit-based NHLS provided technology-focused, non-college degree programs at locations across the Midwest and Northeast.

“The Post-9/11 GI Bill was designed to support the educational needs of our veterans, not to permit schools to illegally profit at the expense of the American taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement shows that the Justice Department will hold schools accountable for violating program requirements and submitting inflated claims for payment.”

“The Post-9/11 GI Bill benefits are part of our nation’s promise to the brave men and women who have served our country,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “My office is committed to protecting the integrity of our federal programs to ensure the assistance reaches the intended beneficiaries.”

“Safeguarding Post-9/11 GI Bill education benefit funds reserved for deserving veterans remains a priority, and our investigators are working diligently in the field to ensure these programs are not exploited for financial gain,” said Special Agent in Charge Gregory Billingsley of the VA’s Office of Inspector General (VA OIG)’s Central Field Office. “The VA OIG thanks the Justice Department for its efforts in this investigation.”

Under the Post-9/11 GI Bill, the VA pays tuition and fees directly to qualifying schools on behalf of enrolled students. For veteran students properly enrolled in a course, the VA pays the actual net cost for tuition and fees charged by the school, after it has applied any scholarships, waivers, grants or other assistance designed to defray the cost of tuition and fees, which is known as the “last payer rule.” The rule ensures that the VA is the payer of last resort and receives the benefit of any tuition-based, financial support available to a student.

The government’s amended complaint alleged that NHLS knowingly submitted false claims for inflated tuition and fees, in violation of the last payer rule, at five NHLS locations in Illinois, Ohio and Michigan. More specifically, the government alleged that NHLS repeatedly reported tuition and fees to the VA on student invoices, where it failed to deduct the tuition scholarships, grants or waivers it provided to certain veterans, thereby causing the VA to overpay NHLS for educational assistance benefits under the Post-9/11 GI-Bill for these veterans.  

The lawsuit is captioned United States v. NH Learning Solutions Corp. No. 2:22-cv-13045 (EDMI). The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Eastern District of Michigan, with substantive assistance from VA OIG.

Senior Trial Counsel Christopher Wilson of the Civil Division and Assistant U.S. Attorney Anthony C. Gentner for the Eastern District of Michigan handled the matter.

The claims asserted against defendant are allegations only. There has been no determination of liability.

Settlement

Source: United States Department of Justice Criminal Division

A federal jury convicted a former New Castle, Indiana, police lieutenant last Friday on multiple counts of using excessive force against people in custody and one count of obstruction of justice by witness tampering.

According to court documents and evidence presented at trial, Aaron Jason Strong, 47, while a lieutenant at the New Castle Police Department, physically abused a suspect and two pretrial detainees and made false statements to an Indiana State Police detective who had been assigned to investigate an allegation against him.

“Aaron Strong is a repeat offender who defied his oath and abused his law enforcement authority to violently and unlawfully assault multiple individuals,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant put his fellow officers in danger and grievously injured people in his custody, whose wellbeing and rights he had a legal and moral duty to protect. Strong betrayed the law enforcement profession when he told lie after lie in an effort to cover up his crimes and derail an independent investigation. This unanimous jury verdict makes clear a core principle in our country – law enforcement officers are not above the law and will be held accountable for their crimes.”

“Law enforcement officers put their lives on the line every day to serve our communities. Their jobs are difficult, dangerous and noble,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “Aaron Strong is not noble. He repeatedly and unlawfully abused his position of authority to inflict violence, injury and pain — with no lawful justification. He then lied to cover it up. Our community deserves better. Together with our partners at the Justice Department, the FBI and Indiana State Police, our federal prosecutors will continue to seek accountability for police who illegally assault those they are sworn to protect.”

Evidence showed that, in August 2019, then-Lieutenant Strong responded to another officer’s report of a foot chase. As Strong arrived, the suspect stopped running, put his hands up, said “I’m done” and lowered himself to the ground. As another officer approached to take the suspect into custody, Strong ran up and struck the suspect at least 12 times with a metal police baton, nearly striking a fellow officer. The incident was promptly reported by other involved officers, and the Indiana State Police were called in to conduct an independent criminal investigation. During a meeting with the State Police investigator, Strong gave a false account of the incident in which he minimized his own use of force and exaggerated the danger posed by the suspect.

Evidence also showed that, in July 2017, Strong, while acting in his capacity as the commanding officer of the Henry County, Indiana, SWAT Team, had abused two men being held in pretrial detention at the Henry County Transition Center, a low-security annex of the Henry County Jail. The SWAT Team had been requested to assist jail officers with moving a small number of inmates who had become intoxicated on contraband alcohol from the Transition Center to the main jail. While inside the Transition Center, Strong stomped on the head of a detainee who was complying with commands to lie on the ground. A few moments later, Strong approached a second inmate, who was kneeling, not moving, with his back to Strong, and shot him point-blank in the back with a less-lethal “beanbag” round, which Strong knew could cause death or serious bodily injury when used at short ranges. The impact from the round fractured the detainee’s spine.

Numerous current and former New Castle and Henry County law enforcement officers testified for the prosecution.

Strong was convicted of three counts of deprivation of rights under color of law and one count of witness tampering. A co-defendant, Strong’s nephew, was found not guilty of one count of witness tampering.

Strong is scheduled to be sentenced on Jan. 7, 2025, and faces a maximum penalty of 50 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Indianapolis Field Office and Indiana State Police investigated the case, with assistance from the New Castle Police Department.

Trial Attorney Alec Ward of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Peter Blackett for the Southern District of Indiana are prosecuting the case.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has secured a settlement agreement with the City of Durham (City), North Carolina, to resolve the department’s claim that the hiring process for firefighters in the Durham Fire Department (DFD) violates Title VII of the Civil Rights Act. Specifically, the department alleges that the City’s fire department screens applicants with a written test that discriminates against Black candidates.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

The settlement agreement resolves a civil pattern or practice investigation the Civil Rights Division opened in February 2020. As part of the investigation, the division conducted an in-depth review of DFD’s hiring practices, applicant data and other information received from the DFD. The division concluded that the fire department was using a written test that does not meaningfully distinguish between applicants who can and cannot perform the job of a firefighter. The test also disqualified Black applicants from employment at significantly disproportionate rates. The department thus concluded that the test violates Title VII.

“Discriminatory employment tests do more than cost applicants a fair chance to compete for public service jobs like firefighting; they also prevent communities from being served in these crucial positions by the most qualified candidates for the job,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The under-representation of Black people in the fire department workforce in Durham, and across the country, undermines public safety efforts. This settlement agreement requires the Durham Fire Department to reform its unlawful hiring process and provide monetary and other relief to those already harmed. The Justice Department will continue to work to ensure that all qualified applicants have a fair and equal opportunity to serve their communities.”

“Employers should identify and eliminate practices that have a disparate impact based on race,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “The Justice Department will continue to work to eliminate discriminatory policies that deprive qualified applicants of a fair chance to compete for employment opportunities.” 

The complaint, filed yesterday in the Middle District of North Carolina, alleges that the City’s uses of the written test called the Comprehensive Examination Battery (CEB) disproportionately exclude Black candidates from employment as firefighters. The department further alleges that DFD’s uses of the CEB are not job-related and consistent with business necessity, and thus violate Title VII.

Under the terms of the consent decree also filed yesterday, DFD will:

• Adopt a written test that does not discriminate in violation of Title VII and provide data to the department on the administration of the new test to ensure compliance;
• Pay $980,000 in back pay to applicants who were disqualified by DFD’s uses of the challenged test; and
• Hire up to 16 applicants who were unfairly disqualified by the challenged test and who successfully complete the new firefighter selection process.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The division has issued a fact sheet on combating hiring discrimination by police and fire departments to help applicants for public safety jobs understand their rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.