Month: November 2024

Source: United States Department of Justice Criminal Division

The Justice Department today announced a settlement and proposed consent decree with the Chicago Cubs to resolve alleged violations of the Americans with Disabilities Act (ADA) at Wrigley Field.

“The Americans with Disabilities Act requires that sports venues like Wrigley Field be accessible to people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring that people with disabilities have full and equal access to public accommodations, including our ballparks.”

“As a result of this settlement, baseball fans with physical disabilities will have vastly improved options at Wrigley Field — on par with those available to all other patrons,” said Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois. “The Chicago Cubs are to be commended for working collaboratively with our office to find solutions, demonstrating their commitment to providing accessibility for people with disabilities.”

The department filed a lawsuit in 2022 against the Cubs, alleging that the organization’s renovation and reconstruction of Wrigley Field — a multi-year undertaking known as “the 1060 Project” — discriminated against individuals with disabilities. The lawsuit alleged, among other things, that the Cubs failed to provide wheelchair users with adequate sightlines as compared to standing patrons and failed to incorporate wheelchair seating into premium clubs and group seating areas.

Under the settlement, the Cubs will make numerous remediations to ensure accessibility for people with disabilities, including by removing noncompliant wheelchair spaces and companion seats and replacing them with wheelchair spaces that have significantly improved views of the field and fully compliant sightlines. The remediations will take place in every area of the stadium, including incorporating wheelchair spaces and companion seats into premium club areas at the front of the grandstand that will, for the first time, provide some front-row access for fans in wheelchairs. The Cubs have also agreed to modify protruding objects along circulation paths within Wrigley Field and ensure that certain parking and shuttle services outside the stadium are compliant. All Cubs employees and contractors whose job responsibilities involve contact with patrons with disabilities will receive training on the settlement before each of the next three baseball seasons.

The settlement and proposed consent decree have been submitted to the U.S. District Court for the Northern District of Illinois for final approval. Over the next several years, the Cubs will submit to the United States written reports detailing their compliance with certain obligations in the consent decree. The United States may review compliance with the consent decree, including by inspecting Wrigley Field, at any time during the next three years.

Assistant U.S. Attorneys Abraham J. Souza and Patrick W. Johnson for the Northern District of Illinois handled the case.

For more information regarding the Justice Department’s efforts to combat discrimination in public accommodations, please visit the ADA’s government website.

Source: United States Department of Justice Criminal Division

Earlier today, the Justice Department issued its sixth Annual Report to Congress on its efforts to combat elder fraud and abuse. The report summarizes the department’s extensive enforcement, victim support, training and myriad other efforts to promote elder justice during the reporting period from July 1, 2023, through June 30.  

This year, the department, working with local, state, Tribal and federal partners, pursued over 300 enforcement actions against over 700 defendants charged with stealing nearly $700 million from over 225,000 older victims. These enforcement actions disrupted transnational and domestic fraud schemes targeting older adults through romance, lottery or government impersonation scams; held nursing home operators to account for providing grossly substandard care to their residents; and pursued fraud perpetrators — including financial advisors, caregivers or relatives — who exploited their relationships with older adults for financial gain.

Additionally, the department continued to support victims of elder fraud and abuse. The department returned millions of dollars to victims of elder fraud schemes and worked with financial institutions to freeze over $27 million on behalf of older victims before those funds were transferred to fraudsters. The department bolstered the efforts of state and local organizations, like elder abuse multidisciplinary teams and Elder Justice Coalitions, to better serve older adults, while also supporting over 4,600 victim assistance organizations around the country to provide services to over 200,000 older victims. The department’s National Elder Fraud Hotline also received over 50,000 calls this past year, and helped older victims to report potential crimes and to locate available resources and services.

Over the past year, the department also conducted nearly 1000 elder justice events and trainings across the country to raise public awareness of elder fraud schemes. For example, the department hosted its first Elder Justice Law Enforcement Summit, which brought together representatives of state and local law enforcement organizations from all 50 states and the District of Columbia, to share best practices, tools and resources to combat elder abuse, neglect, financial exploitation and fraud. Likewise, the department worked closely with various other federal agencies on a coordinated public awareness campaign to highlight the dangers of government imposter scams and to provide tips on how to avoid such scams.

To report elder financial fraud, call the National Elder Fraud Hotline, 1-833-FRAUD-11 (1-833-372-8311). For more information on the department’s elder justice activities, please visit www.elderjustice.gov.

Source: United States Department of Justice Criminal Division

An Illinois tax return preparer was sentenced yesterday to 16 months in prison for preparing and filing false tax returns for clients. 

According to court documents and statements made in court, Gary Sandiego, of Barrington, owned and operated G. Sandiego and Associates, a tax preparation business. For tax years 2014 through 2017, he prepared and filed false income tax returns for his clients. Instead of relying on information provided by the clients, Sandiego either inflated or entirely fabricated expenses to falsely claim on the returns residential energy credits and employment-related expense deductions. As a result, Sandiego caused a tax loss to the IRS of approximately $4,586,154. 

In addition to his prison sentence, U.S. District Court Judge Jorge L. Alonso for the Northern District of Illinois ordered Sandiego to serve one year of supervised release and pay $2,910,442 in restitution to the IRS.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Andrew Kameros and Sara Henderson of the Justice Department’s Tax Division are prosecuting the case.

Source: United States Department of Justice Criminal Division

An Arkansas man was sentenced yesterday to 20 months in prison for filing a false individual income tax return.

According to court documents and statements made in court, Carlos Gonzalez, 59, of Rogers, filed false tax returns that underreported the gross receipts from his tree-trimming and removal business, Charley’s Tree Service. From 2014 through 2020, Gonzalez cashed more than $3 million in customer checks instead of depositing them into his business’ bank account, knowing that his return preparer relied on the bank account records when preparing his returns. In addition, he did not tell his return preparer about the cashed checks. As such, the return preparer prepared tax returns that underreported gross receipts from his business resulting in a tax loss to the IRS of more than $900,000.

In addition to his prison sentence, U.S. District Court Judge Timothy Brooks for the Western District of Arkansas ordered Gonzalez to serve one year of supervised release and to pay approximately $1.4 million in restitution to the United States and the State of Arkansas.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney David Clay Fowlkes for the Western District of Arkansas made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Curtis Weidler and Wilson Stamm of the Tax Division and Assistant U.S. Attorney Carly Marshall for the Western District of Arkansas prosecuted the case.

Source: United States Department of Justice Criminal Division

The United States has filed a civil lawsuit against Lawrence Bivona, who was the President of LaJobi Inc., a Delaware corporation that imported Chinese-manufactured children’s bedroom furniture into the United States. The lawsuit alleges that Bivona made false statements to customs officials and, as a result, avoided paying antidumping duties owed on the imported furniture.

At the time merchandise is entered into the United States, the importer is responsible for providing all information necessary to enable Customs and Border Protection (CBP) to assess the applicable duties owed on the goods, including any antidumping duties applicable to the merchandise. Antidumping duties are trade remedies that help protect domestic industries from unfair trade practices by foreign businesses and countries, such as government subsidies or below market sales.

The United States’ complaint contends that Bivona caused LaJobi to misrepresent the identity of the manufacturers of the children’s furniture imported from China. In particular, the United States alleges that Bivona falsely represented that the furniture was manufactured by Chinese entities subject to duty rates of approximately 7% or less, and failed to disclose that the furniture was actually manufactured by entities subject to duty rates of 216%.

“Anti-dumping duties play an important role in countering illegal foreign trade practices and protecting U.S. manufacturers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue those who seek to gain an unfair advantage by violating our trade laws.”

“These civil penalties support the seriousness of CBP’s trade mission and protect the U.S. economy, while maintaining fair trade and preserving American jobs from predatory practices,” said Executive Director Susan Thomas of CBP’s Cargo and Conveyance Security, Office of Field Operations. “CBP’s antidumping and countervailing duties enforcement aims to mitigate harm by anti-competitive behavior and supports a level playing field for U.S. companies injured by unfair trade practices.”

“We take very seriously our role in protecting the U.S. economy from illegal and predatory trade practices,” said Assistant Director Ivan J. Arvelo of Homeland Security Investigations (HSI) Global Trade Investigations. “HSI is committed to working alongside CBP and partners to stop those who engage in fraud to circumvent U.S. trade laws.”

The complaint seeks the recovery of over $7 million in import duties and over $15 million in civil penalties.

HSI Newark led the investigation with CBP Trade Regulatory Audit Newark, CBP Associate Chief Counsel New York, CBP Consumer Products and Mass Merchandising (CPMM) Center of Excellence and Expertise. CBP and HSI are the agencies responsible for enforcing U.S. laws related to the importation of merchandise into the United States, including the collection of duties and assessment of penalties.

Trial Counsel Daniel Hoffman of the Civil Division’s Commercial Litigation Branch, National Courts Section, is handling the case.

The case is filed in the Court of International Trade and captioned United States v. Lawrence Bivona No. 24-00196.

To combat trade fraud, including avoidance of import duties, the Justice Department created a Trade Fraud Task Force. The Task Force partners with CBP and other law enforcement agencies to ensure compliance with U.S. trade laws.

The claims in the complaint are allegations only. There has been no determination of liability.