Month: December 2024

Source: United States Department of Justice Criminal Division

A resident of Lima, Peru, was extradited to the United States and was arraigned today in a federal court in Miami, where he stands accused of facilitating fraud schemes perpetrated by numerous Peruvian call centers that defrauded victims across the United States, the Justice Department and U.S. Postal Inspection Service (USPIS) announced today.

David Cornejo Fernandez, 36, will face federal wire fraud, extortion and conspiracy charges. Cornejo was arrested on May 17, by Peruvian authorities pursuant to a U.S. extradition request. He has remained incarcerated since that time.

According to the indictment, the defendant provided Internet-based telephone lines, caller-ID spoofing services, and recording capabilities to fraudulent call centers from November 2012 through June 2019. Cornejo provided his co-conspirators in Peru with the technology to place fraudulent and extortionate calls to vulnerable Spanish-speaking individuals in the United States. Cornejo’s co-conspirators falsely told victims that they had been selected to receive a prize, such as a tablet containing an English language course. Many victims expressed interest in receiving the prizes. In later calls, victims were told that they were required to make large payments to receive the prizes. When victims objected, the callers falsely claimed that victims would face severe consequences — including court proceedings, arrest or harm to their immigration status — if they did not pay. The callers impersonated attorneys, court officials, federal agents and police officers to threaten and intimidate victims into making payments.

Cornejo provided his co-conspirators with the software — and at times, the training — to convincingly impersonate government officials and extort payments from victims. Cornejo provided his co-conspirators with the technology to manipulate the phone numbers on victims’ caller IDs, which enabled them to place threatening calls that appeared to be coming from U.S. federal agencies, court officials or law enforcement agencies. Cornejo also placed recordings on his co-conspirators’ inbound phone lines that appeared to be recordings from actual U.S. courts, police departments and federal agencies, including the U.S. Citizenship and Immigration Services (USCIS). These recordings enhanced the apparent legitimacy of the threatening calls and were used to extort payments from vulnerable consumers in the Southern District of Florida and across the United States.   

“The Justice Department’s Consumer Protection Branch will pursue and prosecute transnational criminals who seek to take advantage of vulnerable U.S. consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department and U.S. law enforcement will continue to work closely with law enforcement partners across the globe to thwart criminals who defraud and extort U.S. victims from outside the United States. I thank the Republic of Peru, including the Peruvian National Police, for its assistance extraditing this individual to face charges here in the United States.”

“The long arm of the American justice system has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations, to include the elderly and recent immigrants,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We will not allow transnational criminals to use fear tactics and intimidation to steal money from the public we serve. Individuals who defraud American consumers will be brought to justice, no matter where they are located.”

“Today’s initial appearance of David Cornejo Fernandez is strong evidence of the dedication between the U.S. Postal Inspection Service, the Justice Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the Southern District of Florida who will stop at nothing to bring those who victimize our citizens to justice,” said Inspector in Charge Juan A. Vargas of the USPIS Miami Division. “I want to thank the Republic of Peru and all our law enforcement partners who work tirelessly to combat these transnational schemes that defraud U.S. consumers. Together, we continue to send a strong message, that justice has no borders and this collaboration between countries demonstrates those efforts to preserve the rule of law.”

A six-count federal indictment was filed against the defendant in the U.S. District Court for the Southern District of Florida in February 2023 and was unsealed upon the defendant’s extradition to the United States. The defendant has been charged with conspiracy, wire fraud, and extortion.

If convicted, Cornejo faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

USPIS investigated the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the State Department’s Diplomatic Security Service, the U.S. Marshals Service, the Peruvian National Police and the Peruvian Attorney General’s Office provided critical assistance.

Senior Trial Attorney and Transnational Criminal Litigation Coordinator Phil Toomajian and Trial Attorney Carolyn Rice of the Justice Department’s Consumer Protection Branch prosecuted the case.

The Justice Department continues to investigate and bring charges in other similar matters involving threats against Spanish-speaking residents of the United States. If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.

More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. Consumer complaints may be filed with the FTC at reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.

For more information about the Consumer Protection Branch and its fraud enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

Deputy Attorney General Lisa Monaco today announced over 50 new actions the Justice Department will take to reduce the risk of death by suicide of adults who are detained or incarcerated in the custody of the U.S. Marshals Service (USMS) or Federal Bureau of Prisons (FBOP). These actions follow from recommendations developed by a working group of experts, from across the Department, tasked by the Deputy Attorney General with creating a multifaceted approach to reducing the risk of suicide and self-directed violence among those in the Department’s care and custody.

The Justice Department’s mission to uphold the rule of law, keep our country safe, and protect civil rights includes safely and humanely caring for those in its custody. While the Department has long worked to reduce the risk of suicide in the populations it serves, too many individuals die by suicide in federal custody while they await trial or serve a sentence. Even though the suicide mortality rate in federal custody is generally lower than that in local jails and state prisons, the Department must strive to avert every preventable death of an individual in its custody.

As detailed in the “Report on Actions to Reduce the Risk of Suicide by Adults in Federal Custody and Advance a Culture of Safety” issued today, the Deputy Attorney General directed components to take corresponding action to implement the following five objectives to improve suicide prevention policy and protocols for individuals in the Department’s custody:

• Focusing prevention efforts through enhanced information sharing;
• Improving access and delivery of suicide prevention-related care;
• Promoting a healthy culture in facilities for employees and adults in custody;
• Reducing opportunity for and lethality of incidents of self-directed violence; and
• Using data and research to refine suicide prevention policies.

“The Department of Justice is committed to protecting the health and safety of every individual in our custody,” said Deputy Attorney General Monaco. “Today’s reforms — recommended by experts from across the Department’s litigation, law enforcement, and policy operations — will reduce the risk of suicide among adults in federal facilities. Simply put, these measures can help us save lives. I’m grateful not only to our Department experts, but also to the research, law enforcement, judicial, and suicide prevention organizations and advocates that contributed to this effort.”

The report was developed following a comprehensive review by experts from USMS, FBOP, the Civil Rights Division, Executive Office for U.S. Attorneys, National Institute of Justice, Bureau of Justice Statistics, Justice Management Division, Office of Legal Policy, and Office of the Deputy Attorney General. The review also included consultation with the Office of Inspector General, which recently completed an evaluation of inmate deaths at FBOP institutions and has identified institutional safety and security as a critical Department challenge.

In addition to reviewing existing policy, independent research, and data, the Department convened listening sessions with external experts and partners — including:  

• Researchers who specialize in suicide prevention in custodial settings;
• Representatives from federal, state, and local law enforcement from across government;
• Representatives from the Administrative Office of the U.S. Courts as well as federal defender and national defense counsel organizations; and
• Suicide prevention and prison reform organizations that advocate on behalf of individuals in the Department’s custody.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has filed a lawsuit against Joseph E. Johnson, also known as Joe Johnson, the owner and operator of rental properties in Lexington, Kentucky, for engaging in sexual harassment and retaliation in violation of the Fair Housing Act.

“For decades, this landlord used his position of power to sexually harass vulnerable women who simply wanted roofs over their heads,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Women should not live in fear when they pay their rent or seek repairs. The Justice Department will continue to vigorously enforce the Fair Housing Act’s prohibition on this conduct.”

“Sexual harassment in housing deprives its victims of the safety and security that a home is supposed to provide,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “That makes compelling enforcement of the Fair Housing Act critical to ensuring that victims can gain relief from such inexcusable conduct and seek a safe and secure home for their families.”

The lawsuit filed in the U.S. District Court for the Eastern District of Kentucky alleges that, for decades, Johnson has sexually harassed numerous female tenants. According to the complaint, Johnson has offered housing-related benefits in exchange for sexual contact, made unwelcome sexual comments and advances to female tenants, subjected female tenants to unwelcome touching and groping, taken adverse housing-related actions against female tenants who refused his sexual advances and failed to act when made aware of similar harassing behavior by one or more of his employees.

The lawsuit, which is the result of a joint investigative effort of the Justice Department with the Department of Housing and Urban Development (HUD)’s Office of Inspector General, seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty against the defendant to vindicate the public interest and a court order barring future discrimination.

“It is unacceptable for landlords to threaten or commit sexual harassment or abuse against tenants,” said HUD Inspector General Rae Oliver Davis. “The defendant allegedly preyed upon vulnerable tenants and retaliated against them when they spurned his sexual advances. My office will continue to work with our law enforcement partners to hold housing providers accountable for this type of horrible conduct.”

The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The initiative, which is led by the Civil Rights Division in coordination with U.S. Attorneys’ Offices across the country, seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or others who have control over housing. Since launching the initiative, the Justice Department has filed 47 lawsuits alleging sexual harassment in housing, recovering damages and civil penalties from those violating the law.

The Fair Housing Act 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 who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Joe Johnson, or who have other information that may be relevant to this case, should contact the Housing Discrimination Tip Line at 1-833-591-0291, select 1 for English and select option number 2 then option number 00 to leave a message. To leave a message in Spanish, select 2 for Spanish, and select option number 1 and then option number 00 to leave a message. Individuals may also email the Justice Department at fairhousing@usdoj.gov or submit a report online. Reports also may be made by contacting HUD at 1-800-669-9777 or by filing a complaint online.

Source: United States Department of Justice 2

A resident of Lima, Peru, was extradited to the United States and was arraigned today in a federal court in Miami, where he stands accused of facilitating fraud schemes perpetrated by numerous Peruvian call centers that defrauded victims across the United States, the Justice Department and U.S. Postal Inspection Service (USPIS) announced today.

David Cornejo Fernandez, 36, will face federal wire fraud, extortion and conspiracy charges. Cornejo was arrested on May 17, by Peruvian authorities pursuant to a U.S. extradition request. He has remained incarcerated since that time.

According to the indictment, the defendant provided Internet-based telephone lines, caller-ID spoofing services, and recording capabilities to fraudulent call centers from November 2012 through June 2019. Cornejo provided his co-conspirators in Peru with the technology to place fraudulent and extortionate calls to vulnerable Spanish-speaking individuals in the United States. Cornejo’s co-conspirators falsely told victims that they had been selected to receive a prize, such as a tablet containing an English language course. Many victims expressed interest in receiving the prizes. In later calls, victims were told that they were required to make large payments to receive the prizes. When victims objected, the callers falsely claimed that victims would face severe consequences — including court proceedings, arrest or harm to their immigration status — if they did not pay. The callers impersonated attorneys, court officials, federal agents and police officers to threaten and intimidate victims into making payments.

Cornejo provided his co-conspirators with the software — and at times, the training — to convincingly impersonate government officials and extort payments from victims. Cornejo provided his co-conspirators with the technology to manipulate the phone numbers on victims’ caller IDs, which enabled them to place threatening calls that appeared to be coming from U.S. federal agencies, court officials or law enforcement agencies. Cornejo also placed recordings on his co-conspirators’ inbound phone lines that appeared to be recordings from actual U.S. courts, police departments and federal agencies, including the U.S. Citizenship and Immigration Services (USCIS). These recordings enhanced the apparent legitimacy of the threatening calls and were used to extort payments from vulnerable consumers in the Southern District of Florida and across the United States.   

“The Justice Department’s Consumer Protection Branch will pursue and prosecute transnational criminals who seek to take advantage of vulnerable U.S. consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department and U.S. law enforcement will continue to work closely with law enforcement partners across the globe to thwart criminals who defraud and extort U.S. victims from outside the United States. I thank the Republic of Peru, including the Peruvian National Police, for its assistance extraditing this individual to face charges here in the United States.”

“The long arm of the American justice system has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations, to include the elderly and recent immigrants,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We will not allow transnational criminals to use fear tactics and intimidation to steal money from the public we serve. Individuals who defraud American consumers will be brought to justice, no matter where they are located.”

“Today’s initial appearance of David Cornejo Fernandez is strong evidence of the dedication between the U.S. Postal Inspection Service, the Justice Department’s Consumer Protection Branch and the U.S. Attorney’s Office for the Southern District of Florida who will stop at nothing to bring those who victimize our citizens to justice,” said Inspector in Charge Juan A. Vargas of the USPIS Miami Division. “I want to thank the Republic of Peru and all our law enforcement partners who work tirelessly to combat these transnational schemes that defraud U.S. consumers. Together, we continue to send a strong message, that justice has no borders and this collaboration between countries demonstrates those efforts to preserve the rule of law.”

A six-count federal indictment was filed against the defendant in the U.S. District Court for the Southern District of Florida in February 2023 and was unsealed upon the defendant’s extradition to the United States. The defendant has been charged with conspiracy, wire fraud, and extortion.

If convicted, Cornejo faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

USPIS investigated the case. The Justice Department’s Office of International Affairs, the U.S. Attorney’s Office of the Southern District of Florida, the State Department’s Diplomatic Security Service, the U.S. Marshals Service, the Peruvian National Police and the Peruvian Attorney General’s Office provided critical assistance.

Senior Trial Attorney and Transnational Criminal Litigation Coordinator Phil Toomajian and Trial Attorney Carolyn Rice of the Justice Department’s Consumer Protection Branch prosecuted the case.

The Justice Department continues to investigate and bring charges in other similar matters involving threats against Spanish-speaking residents of the United States. If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.

More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. Consumer complaints may be filed with the FTC at reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.

For more information about the Consumer Protection Branch and its fraud enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice 2

Deputy Attorney General Lisa Monaco today announced over 50 new actions the Justice Department will take to reduce the risk of death by suicide of adults who are detained or incarcerated in the custody of the U.S. Marshals Service (USMS) or Federal Bureau of Prisons (FBOP). These actions follow from recommendations developed by a working group of experts, from across the Department, tasked by the Deputy Attorney General with creating a multifaceted approach to reducing the risk of suicide and self-directed violence among those in the Department’s care and custody.

The Justice Department’s mission to uphold the rule of law, keep our country safe, and protect civil rights includes safely and humanely caring for those in its custody. While the Department has long worked to reduce the risk of suicide in the populations it serves, too many individuals die by suicide in federal custody while they await trial or serve a sentence. Even though the suicide mortality rate in federal custody is generally lower than that in local jails and state prisons, the Department must strive to avert every preventable death of an individual in its custody.

As detailed in the “Report on Actions to Reduce the Risk of Suicide by Adults in Federal Custody and Advance a Culture of Safety” issued today, the Deputy Attorney General directed components to take corresponding action to implement the following five objectives to improve suicide prevention policy and protocols for individuals in the Department’s custody:

• Focusing prevention efforts through enhanced information sharing;
• Improving access and delivery of suicide prevention-related care;
• Promoting a healthy culture in facilities for employees and adults in custody;
• Reducing opportunity for and lethality of incidents of self-directed violence; and
• Using data and research to refine suicide prevention policies.

“The Department of Justice is committed to protecting the health and safety of every individual in our custody,” said Deputy Attorney General Monaco. “Today’s reforms — recommended by experts from across the Department’s litigation, law enforcement, and policy operations — will reduce the risk of suicide among adults in federal facilities. Simply put, these measures can help us save lives. I’m grateful not only to our Department experts, but also to the research, law enforcement, judicial, and suicide prevention organizations and advocates that contributed to this effort.”

The report was developed following a comprehensive review by experts from USMS, FBOP, the Civil Rights Division, Executive Office for U.S. Attorneys, National Institute of Justice, Bureau of Justice Statistics, Justice Management Division, Office of Legal Policy, and Office of the Deputy Attorney General. The review also included consultation with the Office of Inspector General, which recently completed an evaluation of inmate deaths at FBOP institutions and has identified institutional safety and security as a critical Department challenge.

In addition to reviewing existing policy, independent research, and data, the Department convened listening sessions with external experts and partners — including:  

• Researchers who specialize in suicide prevention in custodial settings;
• Representatives from federal, state, and local law enforcement from across government;
• Representatives from the Administrative Office of the U.S. Courts as well as federal defender and national defense counsel organizations; and
• Suicide prevention and prison reform organizations that advocate on behalf of individuals in the Department’s custody.