Month: November 2024

Source: United States Department of Justice Criminal Division

A Massachusetts man pleaded guilty today to possessing dogs at his home for participation in a dogfighting venture.

John D. Murphy, 51, of Hanson, pleaded guilty to nine counts of possessing animals for use in an animal fighting venture, in violation of the federal Animal Welfare Act. Murphy was indicted by a federal grand jury in March. 

“Dogfighting is a sadistic crime which subjects animals to cruel mistreatment for entertainment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We commend the investigators and prosecutors who worked collaboratively to bring this case to justice.”

“Mr. Murphy’s actions represent the calculated cruelty and inhumanity that dogfighting embodies – a barbaric practice that exploits and harms animals for entertainment and profit. Today’s conviction brings an end to Mr. Murphy’s reign of brutality and sends a clear message: dogfighting is a federal crime, and those who engage in this inhumane conduct will face justice,” said U.S. Attorney Joshua S. Levy for the District of Massachusetts. “This case marks the first time federal criminal charges have been brought in the District of Massachusetts under the Animal Welfare Act, underscoring the seriousness of these crimes and our commitment to holding those who engage in this abhorrent conduct accountable. We urge anyone with knowledge of animal fighting or abuse to come forward and report it.”

In 2021, Murphy was identified on recorded calls discussing dogfighting with a New York-based dogfighting target. A subsequent search of his Facebook accounts revealed Murphy’s years-long involvement in dogfighting. Murphy communicated with other dogfighters via Facebook and belonged to private dogfighting Facebook groups.

Photos and videos found on Murphy’s Facebook account showed dogs restrained and showing injuries consistent with that of dogfighting. A search of Murphy’s Hanson residence in June 2023 discovered numerous items associated with possessing dogs for participation in an animal fighting venture like various breeding, training and medical supplies and dogfighting materials.

In March, the United States also filed a civil forfeiture complaint against 13 pit bull-type dogs, seized in June 2023 from Murphy’s residence and another residence in Townsend, Massachusetts, that were possessed for participation in an animal fighting venture. In September and October, the court ordered all dogs be forfeited to the United States. The dogs are currently in the custody of the U.S. Marshals Service (USMS) being cared for by a USMS-contractor.

U.S. Senior District Court Judge William G. Young for the District of Massachusetts scheduled sentencing for Feb. 27, 2025. For each of the nine charges, Murphy faces a maximum penalty of up to five years in prison, three years of supervised release and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

To report animal fighting crimes, please contact your local law enforcement or the Department of Agriculture’s Office of Inspector General complaint hotline at: usdaoig.oversight.gov/hotline or 1-800-424-9121.

The Department of Agriculture’s Office of Inspector General investigated the case. Valuable assistance was provided by the Massachusetts State Police; Animal Rescue League of Boston’s Law Enforcement Division; Homeland Security Investigations; U.S. Customs and Border Protection; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Coast Guard Investigative Service; USMS; Maine State Police; New Hampshire State Police; Massachusetts Office of the State Auditor; Rhode Island Society for the Prevention of Cruelty to Animals; the Massachusetts Society for the Prevention of Cruelty to Animals and the Hanson, Boston and Acton, Massachusetts, Police Departments.

Senior Trial Attorney Matthew T. Morris of ENRD’s Environmental Crimes Section and Assistant U.S. Attorneys Danial E. Bennett and Kaitlin J. Brown for the District of Massachusetts are prosecuting the case. Carol E. Head, Chief of the Asset Recovery Unit for the District of Massachusetts, and Trial Attorney Caitlyn F. Cook of ENRD’s Wildlife and Marine Resources Section are prosecuting the civil forfeiture case.

Source: United States Department of Justice Criminal Division

Richard Shih, 77, the founder and former chief executive officer of a California-based international logistics and freight forwarding company with offices in Grapevine, Texas, pleaded guilty today to conspiring to violate export laws by shipping goods to Chinese companies on the U.S. Department of Commerce’s Entity List.

According to court documents, as of September 2018, Shih’s U.S. company had an existing business relationship with Chinese freight forwarder Seajet Company Limited (Seajet). In September 2018, Seajet and its Chinese co-owner were both added to the Entity List for engaging in activities that were contrary to the national security and foreign policy interests of the United States, to include unlawfully procuring and diverting U.S.-origin items to North Korea. In addition, in June 2021, Hisiang Logistics Company Limited (Hisiang) was added to the Entity List as an alias for Seajet. Hisiang is the Chinese transliteration of Seajet. As a result of being added to the Entity List, a specific license was required to export goods from the United States to Seajet, its co-owner, and Hisiang. Nonetheless, between September 2018 and May 2022, Shih and others at his company continued to transact with and export items to Seajet and its affiliates.

Specifically, between September 2018 and May 2022, Shih’s company conducted more than 1,000 shipments of items from the United States to Seajet and its alter-ego Hisiang. During that time period, Seajet’s co-owner and his affiliated businesses, including Hisiang, transmitted 34 international wire transfers to accounts held by Shih’s company. The company used the funds to pay various expenses on the transactions, such as air carriers and trucking companies, while retaining a portion of the funds as profit.

Shih and his company knew that Seajet and its co-owner were on the Entity List and that Hisiang was established as an alias for Seajet. For example, Seajet’s co-owner notified Shih by email that Seajet had changed its name to Hisiang for purposes of its international business but that “[t]here is nothing else changed such as company address, structure and policy etc.” Shih then forwarded the email to ten of his employees, copying Seajet’s co-owner and several Seajet employees.

In addition, federal officials repeatedly educated Shih’s company about the Entity List and related laws. In December 2018, after Seajet and its co-owner were added to the Entity List, a BIS official visited Shih’s company to discuss the prohibition against exporting items to Seajet, because it was on the Entity List. Yet, company records from the time revealed that it had used an account code assigned to Seajet for a shipment to Hisiang. In November 2020, another BIS official reached out to Shih’s company and received a list of foreign persons and companies with which Shih’s company would not do business. Yet, the company’s list did not include Seajet, its co-owner, or Hisiang.

Shih pleaded guilty to conspiring to violate the Export Control Reform Act, in violation of 18 U.S.C. § 371, which carries a maximum sentence of up to five years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, Assistant Secretary for Export Enforcement Matthew S. Axelrod of Department of Commerce Bureau of Industry and Security (BIS), U.S. Attorney Leigha Simonton for the Northern District of Texas, and Executive Assistant Director Robert Wells of the FBI’s National Security Branch announced the case.

The FBI and BIS are investigating the case.

Assistant U.S. Attorney Jay Weimer for the Northern District of Texas and Trial Attorney David J. Ryan of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

Source: United States Department of Justice Criminal Division

Michael Lee Tomasi, 38, of Rio Verde, Arizona, was sentenced yesterday to 15 months in prison and 36 months of supervised release for making online threats against public servants, including federal officials. Tomasi also was ordered to forfeit an assault rifle, handgun, shotgun, gun magazines, and thousands of rounds of ammunition. Tomasi pleaded guilty to one count of making threats against public officials on Aug. 13.

“After making vile threats to execute and sexually assault FBI agents and employees, state and local law enforcement officials, and other public servants, Michael Tomasi told the FBI to ‘come to my house and see what happens’ — what has happened is that he will spend 15 months in federal prison,” said Attorney General Merrick B. Garland. “I am grateful to the brave public servants of the FBI for bringing this defendant to justice and for the difficult and dangerous work they do every day to keep the American people safe.”

“Threatening law enforcement officers and other public officials will not be tolerated, whether it involves our own FBI personnel, police officers patrolling their communities, or government officials carrying out their work,” said FBI Director Christopher Wray. “I take it very personally that anyone would threaten FBI personnel who work tirelessly to protect the American people from a variety of threats and often put themselves in harm’s way while carrying out their duties. We will continue to work with our partners to hold accountable those who threaten violence against law enforcement officers and other public servants.”

“Civil discourse and civic dialogue are fundamental to a democratic society,” said U.S. Attorney Gary Restaino for the District of Arizona. “But the incitement of violence is not: we will continue our efforts to prosecute those who make true threats against public officials and law enforcement officers.”

From May 2021 through November 2023, while living in Colorado and Arizona, Tomasi used a social media platform to express a desire to incite violence and threaten a variety of individuals and groups, including a city district attorney, a state court judge, a member of Congress and other federal officials and law enforcement officers. Tomasi pleaded guilty to posting a threat on Aug. 26, 2023, to kill FBI agents in order to impede, intimidate, or interfere with FBI agents’ performance of their official duties. Specifically, Tomasi admitted that, on that day, he posted: “Shoot the FBI first and ask questions later. . . . Any FBI [] have a problem with that[,] come to my house and see what happens. Shoot before they even pull their guns out of their trunk and you shoot to kill.”

The FBI investigated the case.

Assistant U.S. Attorneys Raymond K. Woo and Abbie Broughton Marsh for the District of Arizona prosecuted the case, with valuable assistance provided by Trial Attorney Dmitriy Slavin of the National Security Division’s Counterterrorism Section.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it secured a settlement agreement to resolve its lawsuit alleging that Maine violates Title II of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. by unnecessarily segregating children with behavioral health disabilities in psychiatric hospitals, residential facilities and a state-operated juvenile detention facility. 

“This agreement reflects the Civil Rights Division’s commitment to ensuring that children with disabilities can live at home surrounded by the love and support of their families rather than isolated away in facilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We know that too many children with behavioral health disabilities end up in juvenile justice settings or in out-of-home placements, often in different states far from their families, disrupting their lives in ways that can cause permanent harm. Under this agreement, more children will have access to community-based services and in-home behavioral health services so that they can grow up surrounded by family and loved ones.”

“Mainers with disabilities, particularly children, must be able to access the critical services they need in their homes and within their communities,” said U.S. Attorney Darcie N. McElwee for the District of Maine. “Maine’s geographical expanse is a treasure, but children with behavioral health disabilities cannot be needlessly limited to accessing necessary services and supports in facilities away from their families. This agreement prioritizes Maine’s children and ensures the availability of crucial services to allow them to pursue their greatest potential and ease the emotional toll on their caregivers.”

The department sued Maine in September, following a thorough investigation and a public letter of findings notifying Maine of the violation. The lawsuit alleged that Maine limited families’ access to needed behavioral health services for their children to live in the community. These services can include assistance with daily activities, behavior management and individual or family counseling. Community-based behavioral health services also include crisis services that can help prevent a child from being institutionalized during a mental health crisis. Absent these services, Maine children with disabilities would enter emergency rooms, come into contact with law enforcement and remain in institutions.

The agreement resolves the department’s allegations and requires Maine to make significant improvements to ensure children with behavioral health disabilities can receive the services they need in the community, including:

• Help hundreds of children remain with their families or foster families with the services they need to avoid emergency department stays and institutions;
• Help children move out of institutions, including the Long Creek juvenile detention facility, and instead receive services at home, if their needs can be met there and they and their families want them to be at home;
• Identify children with behavioral health disabilities and timely furnish them the full range of services they are eligible for at home;
• Provide children with care coordination designed so that children with the most intense behavioral health disabilities can be successful at home;
• Address any current or future workforce shortages of community-service providers. This includes providing payment rates and support for community providers to enable children they serve to return to or remain at home long-term;
• Improve oversight of community providers and monitor desired outcomes and timeliness of services; and
• Provide prompt mobile crisis interventions to help children avoid entering emergency departments or law enforcement contact.

The parties have agreed that the federal district court will retain jurisdiction to enforce the agreement and that an independent reviewer will evaluate the state’s compliance.

Enforcement of the ADA’s Integration Mandate Nationwide

This agreement is the most recent example of the Civil Rights Division’s enforcement of the ADA’s “integration mandate”—that is, the right to receive services in the most integrated setting appropriate. The Division has worked to enforce the integration mandate to address the segregation of people with disabilities in all its varied forms. For example, a 2023 agreement with Alameda County, California, provides relief to adults with mental health disabilities facing a similar dearth of services that resulted in their admission to emergency departments and jails. The Division has also won court-ordered relief for children with physical disabilities who were unnecessarily segregated in nursing homes in Florida. Florida is now required to provide those children the services they need to move out of nursing facilities. And last month, the Division secured an agreement with Colorado to ensure adults unnecessarily segregated in its nursing facilities have meaningful opportunities to live at home. The Civil Rights Division’s enforcement of the integration mandate has brought change across the country for people with disabilities of all ages and those who have been segregated from their communities.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Those interested in finding out more about the ADA may visit www.ada.gov.

Members of the public may report possible civil right violations at www.civilrights.justice.gov.

View the settlement agreement here.

Source: United States Department of Justice 2

The Justice Department announced today that it secured an agreement with Anna Maria Oyster Bar Inc., a restaurant group based in Bradenton, Florida. The agreement resolves the department’s determination that the restaurant group routinely discriminated against lawful permanent residents when checking their permission to work in the United States.

“It is unlawful for employers to reject valid documents from lawful permanent residents and require them to present a specific document because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Unnecessary and discriminatory obstacles in the onboarding process can harm those who wish to lawfully participate in our economy and deprive employers of their talents.”

After conducting an investigation based on a worker’s complaint, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that Anna Maria Oyster Bar had required a specific document — a Permanent Resident Card — from a worker to prove her citizenship status, even though she had already presented sufficient proof of her permission to work. IER also found that the restaurant group’s treatment of this worker was part of a larger practice of requesting documents issued by the Department of Homeland Security, typically Permanent Resident Cards, from lawful permanent residents to prove their citizenship status, which lasted from at least March 1, 2023, to at least Sept. 1, 2023.  

U.S. citizens, U.S. nationals, lawful permanent residents, those granted asylum or refugee status and other non-U.S. citizens with permission to work may legally work in the United States if they can prove their identity and permission to work.

As explained in the department’s new fact sheet, lawful permanent residents (sometimes referred to as “green card holders”) can use different types of documentation to prove their permission to work. The Immigration and Nationality Act (INA)’s anti-discrimination provision prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.

Under the terms of the settlement, Anna Maria Oyster Bar will pay a civil penalty to the United States, train its employees on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.

IER is responsible for enforcing the INA’s anti-discrimination provision. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a live webinar; watch an on-demand presentation; or visit IER’s English and Spanish websites. Sign up for email updates from IER.