Month: January 2025

Source: United States Department of Justice Criminal Division

The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the Northern District of Georgia announced today that the Department has entered into a court-enforceable agreement to resolve the Department’s findings that conditions of confinement at the Fulton County Jail (the Jail) in Georgia violate the 8th and 14th Amendments to the U.S. Constitution, Americans with Disabilities Act, and Individuals with Disabilities Education Act. Today, the Department filed a complaint and a proposed consent decree with Fulton County and the Fulton County Sheriff in federal court.

The proposed consent decree, which must still be approved by the court, would resolve the Department’s claims that that the Jail engages in a pattern or practice of violating the rights of people incarcerated there. Under the proposed consent decree, the Jail will, among other things:

• Develop plans and policies to keep incarcerated people safe from violence;
• Improve supervision and staffing;
• Keep doors and locks in working order;
• Require any use of force by staff comply with constitutional standards;
• Take steps to protect incarcerated people at risk of suicide and to afford incarcerated people adequate medical and mental health care;
• Develop and implement a comprehensive housekeeping plan and pest management system to keep the Jail clean, sanitary, and free of pests;
• Stop housing vulnerable people in isolation when they are at substantial risk of self-harm or other negative mental health outcomes absent specific and significant protections; and
• Facilitate the provision of adequate special education services to children with disabilities in the Jail.

The proposed consent decree provides for an independent monitor to assess the Jail’s implementation of the decree’s requirements.  The monitor will issue public reports on the Jail’s progress every six months and members of the public can share information with the monitor regarding implementation of the decree and Jail conditions.

“This proposed consent decree is a critical step toward correcting the dangerous and dehumanizing conditions that have persisted in the Fulton County Jail for far too long,” said Attorney General Merrick B. Garland. “When the Department announced findings from our investigation of the Fulton County Jail in November, we called on the County and Sheriff’s Office to remedy the troubling pattern of unsanitary living conditions, brutal physical attacks, and other dangerous issues at the Jail. We are encouraged that local officials have agreed to a plan that will begin to address the inhumane, unconstitutional conditions that were reflected in Lashawn Thompson’s horrific death.”

“Our findings regarding the Fulton County Jail identified serious and life-threatening violations of the Constitution and other laws,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Detention in the Fulton County Jail amounted to a death sentence for dozens of people who have been murdered or who died as a result of inhumane conditions inside the facility. The proposed consent decree includes strong remedial provisions, an independent monitor and other remedies that make it a model for addressing these kinds of violations in jails and prisons across the nation. If fully implemented, this consent decree and its comprehensive remedies should reduce violence and unnecessary force; increase the quality of medical and mental health care; reduce the use of unnecessary isolation, particularly for people with mental illness and 17-year-old children; and afford children with disabilities the education to which they are entitled. We thank the County and Sheriff for working with the Justice Department on these long overdue reforms.”

“Our report from an investigation of Fulton County and the Fulton County Jail concluded that the Constitutional rights of incarcerated persons are being violated,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “The proposed consent decree serves as a cooperative measure to address the grievous pattern of inhumane — and frequently violent — treatment of people in custody, along with the filthy and unsanitary living conditions they endure while awaiting formal charges or trials at the Fulton County Jail. This office is deeply invested in the well-being of all our residents, and we are hopeful that the systemic deficiencies revealed by our report will be remedied through the implementation of the requirements outlined in the decree, along with regular oversight of the progress of Fulton County and the Fulton County Jail, as overseen by an independent monitor.”

The Justice Department initiated its investigation of the Fulton County Jail in July 2023. The Department’s investigation proceeded under the Civil Rights of Institutionalized Persons Act (CRIPA), Americans with Disabilities Act, and Violent Crime Control and Law Enforcement Act of 1994, which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law. These statutes authorize the Attorney General to file a lawsuit in federal court to seek court-ordered remedies to eliminate a pattern or practice of unlawful conduct. The Department provided Fulton County and the Fulton County Sheriff with written notice of its findings, along with the supporting facts for its findings, and the minimum remedial measures necessary to address the violations found. The proposed consent decree seeks to address and resolve those violations.

The Civil Rights Division continues to prioritize unconstitutional conditions and violations of federal law in correctional and juvenile justice facilities.  It opened new investigations into prisons and jails in Tennessee, California, South Carolina, and juvenile justice facilities across Kentucky. The division also issued findings in its investigations of Mississippi prisons, Texas juvenile justice system’s facilities, the Georgia Department of Corrections, and San Luis Obispo County, California, Jail. The division entered into agreements, including consent decrees, regarding the Cumberland County, New Jersey, Jail, the Edna Mahan Correctional Facility for Women in New Jersey, the Broad River Road Complex in South Carolina, the Manson Youth Institution in Connecticut, and the Massachusetts Department of Correction. The division is also litigating matters related to the constitutionality of conditions in Alabama’s prisons for men and the incarceration of people beyond their release dates in Louisiana prisons.   

For more information about the Civil Rights Division and its Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. You can also report civil rights violations by completing the complaint form available at civilrights.justice.gov/. To provide information related to the Department’s investigation of the Fulton County Jail, please call 1-888-473-4092 or email the investigation team at FultonCountyJail@usdoj.gov.

Source: United States Department of Justice Criminal Division

Booz Allen Hamilton Holding Corporation (Booz Allen) has agreed to pay the United States $15,875,000 to resolve allegations that Booz Allen Hamilton Engineering Services LLC (BES), a wholly owned subsidiary of Booz Allen, violated the False Claims Act by knowingly submitting fraudulent claims to the United States in connection with a General Services Administration (GSA) task order to supply computer military training simulators and systems to Department of Defense (DoD) agencies, including the Air Force. Booz Allen, which is headquartered in McLean, Virginia, provides a range of management, consulting and engineering services to the government. BES was an engineering services firm located in Annapolis Junction, Maryland, with offices in Dayton, Ohio, and other locations.

The settlement announced today resolves allegations that BES, through its former program managers John G. Hancock and Karen K. Paulsen, knowingly engaged in a fraudulent course of conduct with Keith A. Seguin, then a civilian Air Force employee and contracting official, and David J. Bolduc Jr., the co-owner and manager of a BES subcontractor, QuantaDyn Corporation, that resulted in GSA awarding BES a task order for training simulators. BES, in turn, awarded task orders (or “modules”) to QuantaDyn. The government alleges that Seguin improperly and illegally divulged confidential government contracting and budget information, a competitor’s confidential bid or proposal information and source selection information to Hancock and Paulsen, who used the illicit information despite knowing they were not authorized to possess it. Through this conduct, Hancock and Paulsen successfully influenced GSA to award the task order to BES.

Additionally, the government alleges that, after the GSA award, Hancock, Paulsen, Seguin and Bolduc made use of confidential government budget information to formulate and submit price quotes to GSA for the individual modules that BES awarded to QuantaDyn on a sole-source basis. As a result of the conduct described above, BES, through Hancock and Paulsen, knowingly submitted fraudulent claims to GSA under the 37 modules awarded to QuantaDyn, which GSA paid. Hancock, Paulsen, Seguin and Bolduc previously resolved criminal charges related to this conduct.

“Government contractors that improperly receive confidential government information during the procurement process corrupt the integrity of that process,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates our continuing commitment to protecting the integrity of the government’s procurement process.”

“Over the past several years, my office has used every tool at its disposal — from civil settlements to criminal prosecution to asset forfeiture — to hold accountable the companies and individuals that helped a corrupt federal employee at Randolph Air Force Base defraud the United States by steering training simulator contracts,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I am grateful for the assistance of the Department of Justice’s Civil Division and our law enforcement partners in finally closing the book on this fraud scheme with the civil settlement announced today.”

“This case demonstrates the unwavering dedication of the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to aggressively pursue those who undermine the integrity of the DoD contracting process,” said the Honorable Robert P. Storch, Inspector General of the Department of Defense. “This settlement announcement highlights the steadfast commitment of DCIS and our investigative partners to holding accountable those who seek to enrich themselves by jeopardizing the welfare of America’s warfighter and defrauding American taxpayers.”

“The GSA Office of Inspector General will continue working with law enforcement partners to protect taxpayer dollars and the integrity of federal contracting,” said GSA Deputy Inspector General Robert C. Erickson.

The civil resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Western District of Texas, with assistance from the GSA Office of Inspector General (OIG); DCIS; and the Defense Contract Audit Agency (DCAA), Headquarters, Operations Investigative Support Division (OIS).

Attorneys Seth W. Greene and Art J. Coulter of the Civil Division’s Fraud Section, and Assistant U.S. Attorney Thomas A. Parnham Jr. for the Western District of Texas handled the matter, with assistance from GSA OIG Special Agent Gregory A. Fallecker.

In September 2020, the United States entered into a civil settlement agreement with QuantaDyn and William T. Dunn Jr., the majority owner, president and CEO of QuantaDyn.

The claims resolved by the United States are allegations only. There has been no determination of liability.

Settlement

Source: United States Department of Justice Criminal Division

Johnny Buscema Jr. of New Port Richey, Florida, and his companies, S.A.F.E. Structure Designs, based in Las Vegas, and U.S.A. Manufacturing, based in New Port Richey, have agreed to pay $1,000,000 to resolve allegations that they violated the False Claims Act by causing a prime vendor for the Defense Logistics Agency (DLA) to submit fraudulent contract bids to DLA that resulted in Department of Defense (DoD) customers being overcharged for goods and related services purchased under those contracts. The settlement is based on the settling parties’ ability to pay.

Buscema owns S.A.F.E. Structure Designs, which sells safety equipment to government customers, and USA Manufacturing, a general construction company. Both companies provide third party logistics support, such as product acquisition, receiving, warehousing, transportation, shipping and returns, to military customers through DLA contracts for Maintenance, Repair and Operations (MRO) for the Northeast and Southeast regions of the United States. The MRO contracts covered by the settlement are held by a “prime vendor,” which procures for DoD agencies supplies and equipment, such as chemicals, electrical supplies, hardware, HVAC/refrigeration, prefabricated structures and a variety of small tools. The goal of the MRO program is to achieve favorable product pricing through leveraged buying, infrastructure savings, and inventory cost reductions. To obtain the best price for items procured for the government, the MRO contracts require the prime vendor to engage in a competitive bidding process, soliciting bids from two independently competing vendors for transactions below $25,000 and from three independently competing vendors for transactions at or above $25,000.

The United States alleged that, from 2016 to 2023, the settling parties conspired with other entities to rig bids for awards on the MRO contracts for the Northeast and Southeast regions of the United States. More specifically, Buscema allegedly submitted non-competitive bids, paid other vendors to submit non-competitive bids and submitted multiple bids from his own two companies on the same solicitations to assist the prime vendor to meet its obligation to obtain bids from two or three vendors and to make one of the bids appear more competitive. As a result of these alleged schemes, the United States contends it was overcharged for items purchased under the MRO contracts.

“Those who seek to do business with the government are expected to compete fairly and independently to ensure that the government receives an appropriate price,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold accountable government contractors that engage in bid rigging or otherwise seek to defraud the American taxpayers.”

“As evidenced in this settlement agreement, these contractors gamed the system to line their own pockets,” said U.S. Attorney Joshua S. Levy for the District of Massachusetts. “They manipulated and undermined the fair and open bidding process designed to save our military — and taxpayers — money. Contractors should be scrupulous in dealing with the government, not coordinating with each other to pad their bottom line. When defense contractors collude, rather than compete, they violate the law and the public’s trust.”

“The DoD expects its contractors to compete in open and fair markets,” said Special Agent in Charge Patrick J. Hegarty of the DoD’s Office of Inspector General’s Defense Criminal Investigative Service (DCIS) Northeast Field Office. “Today’s announcement demonstrates our commitment to work with our law enforcement partners to investigate allegations of anticompetitive practices and ensure the integrity of the DoD’s procurement process.”

“Department of the Army Criminal Investigation Division works diligently to maintain the Army’s readiness and will continue to work closely with our law enforcement partners to prevent and thoroughly investigate fraudulent activity,” said Special Agent in Charge Keith K. Kelly of the Department of the Army Criminal Investigation Division (CID)’s Fraud Field Office. “CID is committed to providing expertise and capabilities supporting whole of government efforts to ensure the U.S. Army remains the most technologically advanced, capable, and ready fighting force in the world.”

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Massachusetts, with assistance from DCIS, Army CID, Air Force Office of Special Investigations and the General Services Administration Office of Inspector General.

Trial Attorney Samson Asiyanbi of the Justice Department’s Civil Division and Assistant U.S. Attorneys Lindsey Ross and Brian LaMacchia for the District of Massachusetts handled the matter.

The claims resolved by the settlement are allegations only. There has been no determination of liability. 

Settlement

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has reasonable cause to believe that the State of Oklahoma, Oklahoma City and Oklahoma City Police Department (OKCPD) discriminate against people with behavioral health disabilities. Specifically, the department finds that:

• Oklahoma unnecessarily institutionalizes, or puts at serious risk of unnecessary institutionalization, adults with behavioral health disabilities in the Oklahoma County area, in violation of Title II of the Americans with Disabilities Act (ADA);
• Oklahoma City and OKCPD engage in a pattern or practice of conduct that discriminates against people with behavioral health disabilities when providing emergency response services, in violation of Title II of the ADA and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994.

“People with behavioral health disabilities in the Oklahoma County area are not receiving the support they need,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Instead of accessing treatment in the community, they are institutionalized repeatedly. Further, when they call 911 for a behavioral health emergency, they get a response by armed police, even when there is no public safety issue identified. As a result, urgent mental health needs often go unaddressed and crisis situations are needlessly escalated, sometimes leading to avoidable use of force. We recognize that the state and the city are taking preliminary steps to improve access for and treatment of people with behavioral health disabilities. The Justice Department is committed to working collaboratively with Oklahoma and Oklahoma City so that they implement the right services and supports their communities need and institute a lasting remedial plan.” 

The department’s investigation of the State of Oklahoma found that thousands of people with behavioral health disabilities are admitted to psychiatric hospitals in the Oklahoma County area each year, and many have long or repeated stays. Many also have long-term stays in nursing or residential care facilities. Most would prefer to live in their communities, surrounded by friends and family, and to have the freedom to make their own choices about their lives. These individuals could live successfully in their communities if they received critical community-based services that are proven to help people with behavioral health disabilities avoid unnecessary admissions or unnecessarily lengthy stays in segregated institutional settings. But Oklahoma does not provide sufficient services to prevent unnecessary institutionalization. As a result, many people with behavioral health disabilities never receive treatment until they are in crisis, when they instead end up needlessly hospitalized or in contact with law enforcement. For many in the Oklahoma County area, OKCPD is the law enforcement agency they encounter.

The investigation also concluded that when a person calls 911 seeking assistance with a behavioral health issue, the city sends police as the sole responders in most cases. In many cases these calls for assistance could be more effectively resolved by a response by behavioral health professionals who can provide appropriate treatment, but the city rarely involves such professionals. Instead, armed OKCPD officers respond to situations involving behavioral health needs, often failing to help, escalating crises or even unnecessarily using force.

During the department’s investigation, both the state and city initiated improvements to their systems. The state continued to expand its crisis system and released an updated Olmstead plan, and the city announced plans to develop and provide a behavioral health response to 911 calls, and began to make improvements within OKCPD that will help address these violations.

The department will be conducting outreach to members of the Oklahoma community for input on remedies to address the department’s findings. People may also submit recommendations by calling (888) 473-3460 or emailing MentalHealth.Oklahoma@usdoj.gov.

The department has opened 12 pattern and practice investigations into law enforcement agencies since 2021 pursuant to 34 U.S.C. 12601, and has been actively monitoring over a dozen agreements with law enforcement agencies that were secured prior to that period. Since 2021, the department has successfully concluded agreements and portions of consent decrees with the Yonkers, New York, Police Department; the Albuquerque, New Mexico, Police Department; the Suffolk County, New York, Police Department; the Portland, Oregon, Police Bureau; and the Seattle Police Department. The department has issued findings reports concerning several agencies including: Louisville, Kentucky, Metro Police Department; the Minneapolis Police Department; the Phoenix Police Department; the Lexington, Mississippi, Police Department; the Trenton, New Jersey, Police Department; the Memphis, Tennessee, Police Department; the Worcester, Massachusetts, Police Department; and the Mt. Vernon, New York, Police Department. Investigations are ongoing regarding the Louisiana State Police; the New York City Police Department’s Special Victims Division; and the Rankin County, Mississippi, Sheriff’s Department. The department also reached a court enforceable agreement with Louisville to resolve its findings.

Additional information about the Civil Rights Division is available at www.justice.gov/crt.

The Justice Department will hold a virtual community meeting on Jan. 7 at 6 p.m. CT. Members of the public are encouraged to attend to learn more about the findings. Please register to join the meeting at www.zoomgov.com/webinar/register/WN_lZgzBC4lRJiw7tk3pfEXrw#/registration.