Month: October 2024

Source: United States Department of Justice Criminal Division

The Justice Department today announced a settlement agreement with the Wisconsin Department of Corrections (WDOC) under Title II of the Americans with Disabilities Act (ADA). The settlement will help ensure that incarcerated individuals who are deaf or hard of hearing have equal access to WDOC’s programs, services and activities, including educational, counseling, medical, recreational and prison employment programs. The agreement resolves the department’s investigation into complaints that WDOC did not provide auxiliary aids and services, such as sign language interpreters, to incarcerated individuals with hearing disabilities.

Under the settlement agreement, WDOC will provide inmates with hearing disabilities appropriate auxiliary aids and services, such as sign language interpreters, video telephones, visual notification systems and hearing aids when necessary. WDOC must also make reasonable modifications to its policies, practices and procedures to accommodate inmates with disabilities, such as handcuffing in front to allow an individual who uses sign language to communicate, and allowing additional time for telephone calls that rely on an interpreter.

“The ability for incarcerated people with hearing disabilities to understand and to be understood is a critical protection provided by the ADA,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to ensuring that correctional institutions eliminate barriers, including communication barriers, that prevent inmates with disabilities from participating fully in prison programs.”

“People with disabilities in Wisconsin deserve equal access, and that does not change when they are incarcerated,” said U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin. “The Wisconsin Department of Corrections has now committed to removing barriers to participation for inmates with disabilities in WDOC facilities, including inmates with hearing disabilities. Our office remains dedicated to supporting efforts to improve access and inclusion for everyone in Wisconsin.”

As a result of the agreement announced today, WDOC will implement a process that begins at intake, and continues throughout incarceration, to identify and accommodate inmates with hearing disabilities; develop individualized communication assessment and plans; provide training on the ADA to staff; and pay $15,000 to compensate three incarcerated individuals who were harmed.

The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the Eastern District of Wisconsin handled the matter.

The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at www.ada.gov/complaint. Additional information about the U.S. Attorney’s Office’s Civil Rights Programs is available at www.justice.gov/usao-edwi/civil-rights.  

Source: United States Department of Justice Criminal Division

The Justice Department announced today a settlement agreement with the Aiken County Public School District in South Carolina to resolve the department’s investigation into allegations that English learner students were not receiving appropriate instruction and services.

The department’s investigation identified concerns that the district failed to provide hundreds of English learner students, including students with disabilities, the language instruction they needed to become fluent in English. English learner students also faced barriers to full participation in core subjects like science, math and social studies. Under the agreement, the district will ensure that English learner students receive sufficient English language instruction from qualified teachers and that teachers of core subjects are trained on instructional strategies to help support English learners in their classrooms.

“Students who are learning English deserve the same access to educational opportunities as their classmates,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring school districts comply with federal civil rights laws designed to provide equal access to education so that all students can pursue their dreams and aspirations. This agreement will help support English learner students in the Aiken County Public Schools so they can participate fully in their schools’ academic programs.”

“All South Carolina students deserve a chance to learn and engage in coursework. For English learners that means help in overcoming language barriers,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “We are pleased that the Aiken County School District is working to serve the needs of its English learners so they can fully participate in their coursework and become successful members of our community.”

The district cooperated fully throughout the investigation and has already begun making improvements to its English learner program, including hiring a full-time director and training instructional coaches on strategies to better serve students. Under the agreement, the district will ensure its teachers have the qualifications, training and support needed to help students learn English and participate fully in their core subject classes. The district will also provide language translation and interpretation of important school information to parents who are not fluent in English and create an advisory board composed of parents, educators and community members.

The department’s Civil Rights Division conducted its investigation under the Equal Educational Opportunities Act of 1974, which was enacted 50 years ago last month.

Enforcement of the Equal Educational Opportunities Act is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available at www.justice.gov/crt, and additional information about the work of the division’s Educational Opportunities Section is available at www.justice.gov/crt/combating-national-origin-discrimination-schools.

Members of the public can report possible civil rights violations at civilrights.justice.gov/report/.

View a copy of the settlement agreement here.

View the settlement summary here. (Y en español aquí.)

View the settlement cover letter here. (Y en español aquí.)

Source: United States Department of Justice Criminal Division

On Thursday, Sept. 26, Assistant Attorney General (AAG) Matthew G. Olsen of the Justice Department’s National Security Division traveled to New York City to lead a multilateral side meeting on stopping the destabilizing flow of sensitive technology as part of the United Nations General Assembly (UNGA) High-Level Week. AAG Olsen chaired the meeting, which was co-led by Ukrainian Prosecutor General Andriy Kostin and European Commissioner for Justice Didier Reynders. In total, officials from 18 countries and the EU attended the meeting, which was held at the Reiss Center for Law and Security at NYU’s School of Law in Manhattan.

In the first session, presenters described the threats and risks posed by the acquisition of sensitive technology by malign actors.

“Stopping our adversaries from acquiring sensitive, emerging technology is one of our top national security priorities at the Department of Justice and across the U.S. government. And it’s not something we can do alone,” said Assistant Attorney General Olsen.

The second session of the meeting focused on the sharing of attendees’ experiences using legal authorities and other tools to stop the illicit flow of sensitive technology, as well as opportunities for collaboration and partnership. During his remarks, AAG Olsen highlighted the work of the Disruptive Technology Strike Force, an interagency enforcement effort co-led with the Department of Commerce to prevent critical technologies from being unlawfully acquired and used by foreign adversaries.

“Today’s meeting reflects the understanding that this type of partnership is foundational to our ability to turn the tide against malign uses of sensitive technology — it requires partnership and collaboration within our own governments, and it requires us to come together and find ways to work together on an international level,” said Assistant Attorney General Olsen.

Along with AAG Olsen, presenters from the U.S. delegation were:

• Matthew Axelrod, Assistant Secretary for Export Enforcement at U.S. Department of Commerce;
• Breon Peace, U.S. Attorney for the Eastern District of New York; and
• Tom West, head of the Office of Sanctions Coordination at the U.S. Department of State.

Presenters from other delegations were:

• Yamazaki Kazuyuki, the Ambassador Extraordinary and Plenipotentiary Permanent Representative of Japan to the UN;
• Ivars Lasis, the Undersecretary of State – Political Director at the Ministry of Foreign Affairs for Latvia;
• Brendan Dowling, Australia’s Ambassador for Cyber Affairs and Critical Technology; and
• Mina Noor, Head of Counterterrorism and National Security Division and Special Envoy for Counterterrorism at the Ministry of Foreign Affairs for The Netherlands.

The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.

Source: United States Department of Justice Criminal Division

A former California man who shot and wounded two Jewish men last year as they left religious services in the Pico-Robertson area of Los Angeles was sentenced today to 35 years in prison.

Jaime Tran, 30, formerly of Riverside, pleaded guilty on June 3 to two counts of hate crimes with intent to kill and two counts of using, carrying, and discharging a firearm during and in relation to a crime of violence.

“After years of spewing antisemitic vitriol, the defendant planned and carried out a two-day attack attempting to murder Jews leaving synagogue in Los Angeles,” said Attorney General Merrick B. Garland. “Vile acts of antisemitic hatred endanger the safety of individuals and entire communities, and allowing such crimes to go unchecked endangers the foundation of our democracy itself. As millions of Jewish Americans prepare to observe the High Holidays of Rosh Hashanah and Yom Kippur, the Justice Department reaffirms its commitment to aggressively confronting, disrupting, and prosecuting criminal acts motivated by antisemitism, or by hatred of any kind. No Jewish person in America should have to fear that any sign of their identity will make them the victim of a hate crime.”

“Targeting people for death based solely on their religious and ethnic background brings back memories of the darkest chapters in human history,” said U.S. Attorney Martin Estrada for the Central District of California. “Such hate-fueled violence has no place in America. We hope the sentence imposed today sends a strong message to all in our community that we will not tolerate antisemitism and hate of any sort. For those who engage in hate crimes, the punishment will be severe.”

“This country was founded by many who fought for religious freedom, and practicing our religion continues to be a sacred and fundamental right,” said Assistant Director in Charge Akil Davis of the FBI Los Angeles Field Office. “The FBI will always defend that constitutional right. Those who violate the First Amendment by violent acts, those who would target the innocent based on hatred, will be held accountable.”

“While this sentencing cannot fully restore the sense of safety stolen from the two victims and the Jewish community, it is a decisive step towards justice and a clear message that such acts of hate and violence will not be tolerated,” said Los Angeles Police Chief Dominic Choi.

According to the government’s sentencing submission, Tran obsessed over his antisemitic hatred for years leading up to the attack. In 2018, Tran left graduate school after making antisemitic comments about other students. From August 2022 to December 2022, Tran’s antisemitic statements escalated and included increasingly violent language, including messages to former classmates such as “I want you dead, Jew,” and “Someone is going to kill you, Jew.” Tran described himself as a “ticking time bomb” and maintained social media accounts with the handle “k1llalljews.”

In November 2022, Tran emailed two dozen former classmates a flyer containing antisemitic propaganda, including the statement, “EVERY SINGLE ASPECT OF THE COVID AGENDA IS JEWISH.” The following month, Tran emailed his former classmates excerpts from an antisemitic website further denigrating Jewish persons.

As a result of previous mental health holds, as of 2023, Tran was prohibited from purchasing firearms. In January 2023, in Phoenix, Tran asked a third party to buy two firearms for him. Tran selected the firearms he wanted and paid approximately $1,500 in cash to the third party, who then purchased them. Law enforcement identified the third party, who has now pleaded guilty in Arizona to illegally selling Tran the firearm used in the shootings. Messages later retrieved from his phone reflected that defendant had asked multiple people to purchase firearms for him and had offered to pay more if no background check was performed.

In early February 2023, Tran sent an online message stating: “it’s time to kill all Jews.” On the morning of Feb. 15, 2023, Tran used the internet to research locations with a “kosher market,” planning to shoot someone near a kosher market because he believed there would be Jewish people in the area. Tran drove to Pico-Robertson and shot a Jewish victim wearing a yarmulke as he was leaving religious services at a synagogue. Tran, believing the victim was Jewish, shot him at close range centimeters from his spine, intending to kill him. Tran then fled the scene in his car.

The next morning, Feb. 16, 2023, Tran returned to the Pico-Robertson area, intending to shoot another Jewish person. Tran shot a second Jewish victim, also wearing a yarmulke and leaving a synagogue after attending religious services. Tran shot the victim at close range, intending to kill him, as the victim crossed the street. Tran again fled the scene.

Both victims survived the attacks. Law enforcement arrested Tran on Feb. 17, 2023, after a witness reported seeing someone shooting a firearm behind a motel. When he was arrested, Tran told law enforcement that he was “practicing” with his assault weapon. In its sentencing position, the government argued that “[h]ad defendant not been caught the night of his second shooting, his campaign of terror would likely have continued.”

The FBI and Los Angeles Police Department investigated the case. The Riverside County Sheriff’s Department, Cathedral City Police Department, Fountain Valley Police Department, Beverly Hills Police Department, and UCLA Police Department, all in California, provided substantial assistance.

Assistant U.S. Attorneys Kathrynne N. Seiden and Frances S. Lewis for the Central District of California prosecuted the case.