Month: November 2024

Source: United States Department of Justice Criminal Division

John Chen, 71, of the People’s Republic of China (PRC) and Los Angeles, was sentenced today to 20 months in prison for acting as unregistered agents of the PRC and bribing an IRS agent in connection with a plot to target U.S.-based practitioners of Falun Gong — a spiritual practice banned in the PRC.

According to court documents, from at least approximately January 2023 to May 2023, Chen and co-defendant Lin Feng, 44, a PRC citizen and resident of Los Angeles, California, worked inside the United States at the direction of the PRC government, including an identified PRC government official PRC Official-1, to further the PRC government’s campaign to repress and harass Falun Gong practitioners. The PRC government has designated the Falun Gong as one of the “Five Poisons,” or one of the top five threats to its rule. In China, Falun Gong adherents face a range of repressive and punitive measures from the PRC government, including imprisonment.

As part of the PRC’s campaign against the Falun Gong, Chen and Feng engaged in a PRC government-directed scheme to manipulate the IRS’ Whistleblower Program in an effort to strip the tax-exempt status of an entity run and maintained by Falun Gong practitioners, the Shen Yun Performing Arts Center. After Chen filed a defective whistleblower complaint with the IRS (the Chen Whistleblower Complaint), Chen and Feng paid $5,000 in cash bribes and promised to pay substantially more to a purported IRS agent (Agent-1) who was, in fact, an undercover officer, in exchange for Agent-1’s assistance in advancing the complaint. Neither Chen nor Feng notified the Attorney General that they were acting as agents of the PRC in the United States.

In the course of the scheme, Chen, on a recorded call, explicitly noted that the purpose of paying these bribes, which were directed and funded by the PRC, was to carry out the PRC government’s aim of “toppl[ing] . . . the Falun Gong.” During a call intercepted pursuant to a judicially authorized wiretap, Chen and Feng discussed receiving “direction” on the bribery scheme from PRC Official-1, deleting instructions received from PRC Official-1 in order to evade detection, and “alert[ing]” and “sound[ing] the alarm” to PRC Official-1 if Chen and Feng’s meetings to bribe Agent-1 did not go as planned. Chen and Feng also discussed that PRC Official-1 was the PRC government official “in charge” of the bribery scheme targeting the Falun Gong.

As part of this scheme, Chen and Feng met with Agent-1 in Newburgh, New York, on May 14, 2023. During the meeting, Chen gave Agent-1 a $1,000 cash bribe as an initial, partial bribe payment. Chen further offered to pay Agent-1 a total of $50,000 for opening an audit on the Shen Yun Performing Arts Center, as well as 60% of any whistleblower award from the IRS if the Chen Whistleblower Complaint were successful. On May 18, 2023, Feng paid Agent-1 a $4,000 cash bribe at John F. Kennedy International Airport as an additional partial bribe payment in furtherance of the scheme.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Damian Williams for the Southern District of New York, and Executive Assistant Director Robert R. Wells of the FBI’s National Security Branch made the announcement.

In addition to the prison term, Chen was sentenced to three years of supervised release and ordered to forfeit $50,000. Feng was sentenced on Sept. 26, to a time-served sentence of 16 months in prison.

The FBI and Office of the Treasury Inspector General for Tax Administration investigated the case.

Assistant U.S. Attorneys Qais Ghafary, Michael D. Lockard, and Kathryn Wheelock for the Southern District of New York and Trial Attorney Christina Clark of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Source: United States Department of Justice Criminal Division

Remarks are Prepared for Delivery

Good morning. Welcome to the 19th Annual Government-to-Government Violence Against Women Tribal Consultation. First, I want to extend my gratitude to our hosts, the Pueblo of Pojoaque and Governor Roybal, for their warm hospitality in hosting this significant gathering on these sacred Tribal lands.

I also want to extend my deep gratitude to all of you for joining us here and participating in this consultation. It is truly inspiring to see such a remarkable turnout, with more than 500 gathered in this room and many more connecting online. Your presence speaks powerfully to the strength of our shared commitment in preventing and ending gender-based violence and the dedication to partnership, collaboration and meaningful progress. Each of you brings unique perspectives, experiences and insights that will shape our collective efforts.

This morning, it’s my honor to introduce a video message from Attorney General Merrick Garland. I know the Attorney General cherishes the partnership between our nations, and he continues to be an unwavering advocate in addressing issues surrounding public safety on Tribal lands, increased funding and enhancing efforts to solve the issue of Missing or Murdered Indigenous Persons.

[…]

Thank you, Attorney General Garland, for those words of support. I now want to take a moment to express my sincere gratitude to Sherriann Moore, Deputy Director of the Office on Violence Against Women (OVW)’s Tribal Affairs Division and a citizen of the Rosebud Sicangu’ Lakota Nation. Sherriann’s tireless dedication alongside her exceptional team ensures a strong collaborative effort supporting Tribal governments and Tribal organizations in the effective implementation of resources allocated through the Violence Against Women Act to prevent and address domestic violence, dating violence, sexual assault, stalking, sex trafficking and other interconnected forms of gender-based violence. This three-day consultation is a testament to the unwavering commitment of OVW and the Justice Department in honoring our federal trust responsibilities to Tribes.

We recognize that preventing and addressing gender-based violence demands a coordinated response. In fact, strengthening a coordinated community response is a hallmark of the Violence Against Women Act, which we know needs to be advanced at all levels. This includes strengthening a coordinated response among different components of the Justice Department, as well as a across the federal government. To that end, we are joined today by our colleagues from the Justice Department’s Office of Justice Programs, Office of Tribal Justice, FBI, Community Oriented Policing Services and U.S. Attorney Alexander M. M. Uballez for the District of New Mexico. I also extend my gratitude to representatives from the Department of the Interior, Department of Health and Human Services and Department of Housing and Urban Development for their participation in this year’s consultation.

In September, we commemorated the 30th anniversary of the VAWA, landmark bipartisan legislation that has transformed the federal response to gender-based violence, rooted in the lived experiences and leadership of survivors. Each reauthorization has provided an opportunity to assess what works, build on successes and address remaining gaps. As Tribal protections and grant programs under VAWA expanded, we recognize that this progress is due to your advocacy, with solutions shaped by Tribal voices and leadership.

For example, with your guidance, we implemented the provisions in VAWA 2022, which opened pathways for Tribes in Alaska and Maine to exercise special Tribal criminal jurisdiction or STCJ, expanded the recognition of covered crimes, and created a new federal reimbursement program to support Tribes’ efforts in exercising STCJ.

Additionally, in FY 2024, OVW awarded over $86 million to American Indian and Alaska Native Tribes to support the implementation of VAWA programs and initiatives. Also, we allocated additional resources to grow the Tribal Affairs Division to include 14 dedicated staff members, many of whom come from Tribes or have deep experience working on Tribal issues. Over the past year, we’ve also made meaningful strides by simplifying the grant application process, launching new initiatives to support the capacity of Tribal governments and Tribal organizations to effectively manage OVW funding. This included conducting extensive outreach, providing regional workshops and integrating program planning that is responsive to the unique needs of survivors.

Building on your invaluable guidance, OVW is establishing the Violence Against American Indian and Alaska Native Women Tribal Leaders Council. Composed of 12 Tribal leaders from regions across the country, this council will serve as a vital forum for sharing perspectives, insights and recommendations on implementing federal programs to enhance the safety of American Indian and Alaska Native survivors of domestic violence, dating violence, sexual assault, stalking and sex trafficking. As Attorney General Garland noted in his remarks, this council is a critical step toward deeper ongoing collaboration and progress, and I look forward to announcing the members of the Council later during the consultation.

I’d also like to take a moment to acknowledge the significance of holding this Tribal Consultation during National Native American Heritage Month. This month provides a meaningful opportunity to honor the resilience, rich cultures and invaluable contributions of American Indian and Alaska Native communities. This is also a time for reflection and reconciliation as we confront the systemic injustices inflicted upon Native communities and commit to addressing those historic wrongs. As many of us are aware, President Biden recently issued a formal apology for the Federal Indian Boarding School era, a painful era during which, for over 150 years, the federal government mandated the removal of Native children from their families and Tribes. To effectively address domestic violence, sexual assault, dating violence, stalking and trafficking, we must understand the broader context of historical trauma and systemic oppression that continues to impact individuals, families and Tribal communities. Our work cannot exist in a vacuum; it must be grounded in the histories, challenges and, most importantly, the strengths of the communities we serve.

It is by honoring Tribal sovereignty and self-determination and working in partnership with Tribal nations that we can move forward to ensure that VAWA funding and other resources can increase pathways to safety, healing, justice and well-being. 

Source: United States Department of Justice Criminal Division

Thank you, Liz. It’s really great to be here and to help welcome everyone to this important conference — the first OJJDP national conference in over a decade.

I’m so glad we’re being joined today by our Principal Deputy Associate Attorney General, who we’ll hear from a little later. And very excited that we’ll have the privilege this morning of hearing from several champions of youth justice.

It is inspiring to see so many people gathered in one spot, representing so many different programs and perspectives — yet at the same time so unified in your determination to serve and support the youth of our country. That’s what this conference is all about — reinforcing our collective mission to expand opportunities for our nation’s young people.

This is very gratifying for me personally. I’ve spent my entire career working to bring opportunity to kids who have been excluded and counted out. I started my career as a teacher in South Los Angeles, before moving to New York City where I was a part of some groundbreaking work to reduce youth violence and to reduce the number of youth in locked facilities.

We were able to meet both of those goals, and we were successful in great part because we did what so many of you are doing, and what Liz and her team are supporting in cities and states across America — keeping kids connected to their communities, to their families, and to the best parts of themselves.

This work — the work we did in New York and the work you are all doing now — is possible because of a mindset that puts the focus squarely on youth, on identifying and meeting their needs and the best interests of their communities. It’s guided by what’s appropriate from a developmental standpoint, by what’s fair, and by what can help limit future contact with the system.

These principles were laid out in one place by the landmark National Academy of Sciences report, which was commissioned by OJJDP and released 12 years ago this month. If you haven’t read it, I strongly encourage you to do so. It consolidated everything we knew at the time about the adolescent brain and made an irrefutable case for juvenile justice policies and practices that follow the science.

The report turned the dial on juvenile justice reform and announced a new era of youth justice, where the needs of youth are paramount and their capacity for change and growth is recognized and respected.

And just to make the connection to OJJDP’s 50-year history that much stronger, the tide had turned before the NAS released its report. Many of you will recall the groundbreaking Pathways to Desistance study that followed more than 1,300 youth for seven years after their convictions for violent crimes. That study, which was funded by OJJDP, landed on two major findings. One, that young people who commit crimes, even serious crimes, naturally age out of criminal behavior in the vast majority of cases. And two — and this is critical — two factors can prevent this aging-out process: incarceration and exposure to trauma.

The findings from Pathways helped lay the groundwork for the NAS report and remain foundational to the evidence-based framework for juvenile justice that we are operating in today. That study — and a body of research that continues to grow — allowed us to level set and to think of juvenile justice as an opportunity to intervene early with treatment, mentoring, and other pro-social services that help address early trauma and exposure to violence.

It also helped us embrace a positive youth development model and it reinforced work long underway to build a fair and more effective juvenile justice system, one not modeled on the adult system but designed specifically for youth.

As a nation, we’ve moved forward with this model, and we’ve made great strides — and, let me be clear, we are safer because of this model. I’m really proud of the work that Liz and her team in OJJDP have done to solidify and extend those gains.

I’m also aware — as many of you are — that we can’t afford to rest on our laurels. We saw the damage of the pandemic on our youth, with school closures and broken social bonds and the toxic stress that came from isolation. The lesson we should have learned is the importance of community-based services that engage those at greatest risk and that build protective factors in our kids. Unfortunately, in some cases, what we’re seeing instead is states and local jurisdictions walking away from this responsibility. Some national leaders are even calling for a reversal of 30 years of progress; 30 years during which youth violence and youth incarceration dropped dramatically.

And while I’m disheartened by that, I’m not at all discouraged. And the reason I’m not discouraged is because there are more than 2,500 champions joining us at this conference who are committed to staying the course and building a nation where our young people are free from crime and violence. And there are many more people out there in communities across America working hard to expand opportunities for our youth.

In many ways, this is a tough moment for the field, but despite the challenges and the setbacks, I encourage us all to keep in mind the incredible progress we’ve seen over the years, and to be inspired by the innovations and reforms we’ve seen in recent years — driven by so many of you.

Now is not the time to roll back reform — now is the moment to press ahead, and to insist on a juvenile justice system that supports and empowers our kids. This is the right way to do youth justice, and we are counting on all of you to carry us forward.

Thank you for keeping us focused on the important work that lies before us. We are grateful for your leadership and for the difference you are making — for our youth, for your communities, for our nation.

Thank you for all that you do — and thank you for your time today.

Source: United States Department of Justice Criminal Division

Thank you so much, Brent. And thank you, Bryan, for your thoughtful words.

I want to take just a minute to talk about Bryan’s inspiring leadership and what it has meant to me personally throughout my own career. I was a law clerk to Justice John Paul Stevens at the Supreme Court in 2003 when Bryan argued a case in the Court called Nelson v. Campbell. Since we’re not all lawyers here I won’t bore you with the legal technicalities, but the case was about the ability of a death penalty inmate to challenge the inhumane manner in which Alabama planned to cut into his collapsed veins to execute him. Bryan argued the case brilliantly and managed to get a unanimous win for his client — a remarkable outcome in a death penalty case. But what I remember most vividly is how much Justice Stevens praised Bryan’s lawyering privately in chambers afterward. You were one of his favorite advocates, Bryan.

Then, much later in my career, I was watching Just Mercy, the movie about Bryan’s life, and was brought to tears by the tremendous impact that he has had as an advocate. I resolved in that moment to get back to using my abilities as a lawyer to make a difference in a world that needs so much help. And it was not too long afterward that I returned to government and now get to work again with so many dedicated public servants — like the tireless professionals in the Office of Justice Programs (OJP) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Thank you, Bryan, for making a difference in ways that aren’t even known to you, and for all that you do on behalf of our country’s youth.

I also want to thank Liz and Brent for their leadership in OJJDP and OJP. We’re making huge strides in youth justice in America thanks in great part to the incredible work being spearheaded by their exceptional teams. I appreciate the passion and commitment of every member of OJJDP’s staff. Our juvenile justice systems are stronger, and our nation is a better place for kids, because of the work you do.

A big thanks as well to the Federal Coordinating Council on Juvenile Justice and Delinquency Prevention for co-sponsoring this conference, and for guiding our efforts at the federal level and charting a course for better serving the youth of this nation.

I’m also grateful to the many young people who are contributing to this convening by sharing their perspectives and recommendations. And I know we have family members here whose children have been affected by the justice system, as well as young people whose parents have been incarcerated. Your voices are critical to informing the discussions and presentations that we’ll hear over the next two-and-a-half days.

And I want to thank our state, county, local, Tribal, and community stakeholders across the country. You have all been key partners, not only in bringing this event together, but in helping us realize our vision of a better future for young people, their families, and their communities.

I’m very pleased to be here, both to be part of the discussion about the state of youth justice in America and to celebrate 50 years of OJJDP’s work on behalf of our nation’s young people.

There’s much to celebrate. Detention in juvenile facilities has fallen dramatically — a 75% decline over more than two decades. And we’ve seen promising declines in violent crime nationwide, creating safer communities for our young people to learn, grow, and thrive.

This is remarkable progress that so many people in this room have helped to make possible, including the outstanding professionals at OJJDP. Together, we are opening doors for our young people — expanding opportunities and strengthening public safety in the process.

But even as we lift up our achievements, we cannot lose sight of the fact that there is still so much left to do. As Bryan has written and spoken about so eloquently — especially in his riveting book, “Just Mercy,” which inspired the movie I mentioned — racial disparities persist in the juvenile justice system. Youth continue to be prosecuted in adult court and placed in adult jails and prisons, posing grave risks to their safety and long-term well-being. Not to mention the terrible toll that gun violence is taking on youth. Firearms are the leading cause of death among children and teens — and have been for the last four years. This is alarming and utterly unacceptable.

We are not done yet. Challenges remain — serious challenges. But I look around this room, at the passion and dedication that each of you bring, and I am hopeful about the future.

The work to steer our young people toward success is powered by our partners in the field, so many of whom are joining us today. We are grateful for your determination and leadership. You inspire us at the Department of Justice to follow your wonderful example.

During my time at the Department, I have been proud to join the meetings of the Coordinating Council on Juvenile Justice and Delinquency Prevention, where we have brought together nationally renowned experts, community leaders, and federal partners to discuss the pressing issues in youth justice today. I have been very encouraged by the momentum that those discussions have generated. And I’m excited about the roadmap that we’ve developed together, which will soon be submitted to Congress.

In September, I was also proud to join Liz and her colleague Karhlton Moore, the Director of the Bureau of Justice Assistance, in Birmingham, Alabama. There, I had the privilege of announcing resources to fight hate crimes — including OJJDP’s terrific curriculum on addressing youth hate crimes and identity-based bullying. The curriculum was informed by 19 roundtable discussions with youth across seven states, and it was piloted in many communities. This new resource is designed to empower young people to change attitudes and behaviors to combat hate crimes and bullying.

Finally, I am so heartened by the fantastic work OJJDP is doing with its state and local partners to cement reform and ensure that youth who come into contact with the juvenile justice system are getting the support they need. The groundbreaking Continuums of Care initiative, launched earlier this year, will prevent young people from entering the juvenile justice system whenever possible. And it will help those involved in the system return to their communities prepared to succeed.

These are among the many ways the Department, led by OJJDP, is working to create a more just and developmentally sound juvenile justice system — and to put kids on the path to a brighter future.

Again, this is a collective project, inspired and energized by advocates and experts, with support from those of us at the federal and state levels and by private partners dedicated to serving young people.

We are proud to be your allies in this vital work, and we are eager to continue building on the momentum — generated over 50 years — that each of you has helped to create.

I am grateful to you all for being such strong and steady champions for young people and for helping us to build safe and just communities throughout America.

Thank you again, and best wishes for a successful conference.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it filed a lawsuit against the Commonwealth of Pennsylvania, Pennsylvania Department of Labor and Industry and Pennsylvania Department of Human Services to challenge discriminatory code requirements that deny or limit the availability of community-based housing for people with intellectual disabilities and autism.

“People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The failure of the Commonwealth’s building code to take into account the specific needs and the capacity of people with disabilities illegally denies them access to housing opportunities. Through vigorous enforcement of the Fair Housing Act, the Justice Department is committed to ensuring that building requirements, zoning restrictions and land use codes are not abused and manipulated to deny people with disabilities their right to live integrated in their communities.”

“Although expensive fire prevention methods, like automatic sprinklers, may reduce personal injury and damage to property, Pennsylvania cannot require individuals with disabilities to obey this code requirement without assessing their unique and specific needs,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “Pennsylvania’s building code enforcement improperly demands individuals with disabilities living in community homes to pay thousands of dollars to install automatic sprinklers yet allows those without disabilities in similar resident housing to avoid such costs. This office will continue to enforce the Fair Housing Act and partner with the Justice Department’s Civil Rights Division to ensure our disabled citizens share the same rights as their neighbors.” 

Under the Commonwealth’s Uniform Construction Code, which all local governments must follow, every “community home” for persons with intellectual disabilities and autism must install, at their own expense, an automatic sprinkler system. No other single-family home, including newly constructed homes, is required to install automatic sprinklers. “Community homes” allow people with intellectual disabilities and autism to live in a family-like setting in the community, alongside people without disabilities. Such homes in Pennsylvania have an average of 2.3 residents and may have no more than four residents. The Commonwealth already requires community homes to comply with numerous fire and safety regulations, including regular fire drills verifying that the residents are able to evacuate in under two and one-half minutes.

Pennsylvania’s building code, however, classifies community homes for persons with intellectual disabilities and autism as “facilities” and requires them to install automatic sprinkler systems, regardless of how old the home is or how capable the residents are to evacuate notwithstanding their disabilities.

Sprinkler system requirements limit the availability of housing in several ways. First, landlords in rental housing may refuse to allow sprinkler systems to be installed because their appearance, which includes long, exposed metal pipes, may render a home less marketable to future tenants and is reminiscent of the institutional facilities community homes were intended to replace. Second, sprinkler systems often cannot feasibly be installed in individual apartments, thus eliminating their ability to be used as community homes. Finally, as the department’s investigation found, sprinkler systems cost, at a minimum, nearly $10,000 to install in a small, single-family home, but these costs may triple when local water utilities require sprinkler systems to have their own water line. These costs may exceed the financial means of many community home operators and may force others to operate larger, less individualized homes.

The lawsuit seeks injunctive relief, including an order requiring the Commonwealth to allow local governments to assess the need for automatic sprinklers in community homes based on the unique and specific needs and abilities of each home’s residents, as well as monetary damages.

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report housing discrimination by calling the Justice Department’s Housing Discrimination tip line at 1-833-591-0291 or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.

Individuals who have information on community homes being required to install automatic sprinklers in Pennsylvania or who have other information that may be relevant to this case may contact the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, press 1 for English; press 1 for discrimination in housing; and press 9 for the United States v. Pennsylvania lawsuit mailbox.  Individuals can also email the Justice Department at Community.Homes@usdoj.gov.