Month: February 2025

Source: United States Department of Justice Criminal Division

Today the Department of Justice is proud to announce President Trump’s intent to nominate John Eisenberg to serve as Assistant Attorney General for National Security, Brett Shumate to serve as Assistant Attorney General for the Civil Division, and Patrick Davis to serve as Assistant Attorney General for the Office of Legislative Affairs.

John Eisenberg (The National Security Division)

During President Trump’s first term, John served as the Legal Advisor to the National Security Council, Assistant to the President, and Deputy Counsel to the President for National Security Affairs. John has also served at the Department of Justice in several positions, including Associate Deputy Attorney General in the Office of the Deputy Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel. In addition to his government experience, John was also a partner at Kirkland & Ellis, where he focused on white-collar and internal-investigation matters as well as data-security issues.

John clerked for J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and Justice Clarence Thomas of the Supreme Court of the United States. He is a graduate of Yale Law School and Stanford University.

Brett Shumate (The Civil Division)

Brett presently serves as the Acting Assistant Attorney General for the Civil Division. Prior to rejoining the Department, Brett was a partner at Jones Day in Washington, D.C. He previously served at the Department as the Deputy Assistant Attorney General for the Federal Programs Branch in the Civil Division.

Brett clerked for Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. He is a graduate of Wake Forest University School of Law and Furman University.

Patrick Davis (The Office of Legislative Affairs)

This will be Patrick’s third stint with the Department of Justice. During President Trump’s first term, Patrick served in DOJ management as Deputy Associate Attorney General. Earlier in his career, he served as a trial attorney in the Federal Programs Branch of the DOJ’s Civil Division. On Capitol Hill, Patrick was the Deputy Chief Investigative Counsel for the Senate Judiciary Committee, where he led the Committee’s “Russiagate” investigation and was instrumental in the confirmation of Justice Brett Kavanaugh. He later served as the Chief Investigative Counsel for the House Permanent Select Committee on Intelligence.

Patrick rejoined the Department of Justice as the Acting Assistant Attorney General for the Office of Legislative Affairs. Prior to his return to the Department, he served as Senior Counsel at the American Petroleum Institute.

Patrick is a graduate of Georgetown University Law Center and the University of Nebraska.

Source: United States Department of Justice Criminal Division

The Justice Department filed a complaint today in the U.S. District Court for the Northern District of Georgia seeking to bar three Atlanta-area tax return preparers from owning or operating a tax return preparation business and preparing federal tax returns for others, as well as to require the defendants to disgorge the fees they received for fraudulently prepared returns.

The civil complaint was filed against Mabika Ilunga; Simon Ilunga; Simon Ilunga Jr.; Mabilus Inc. doing business as Metro Insurance and Tax Service; Big Cheez Inc. doing business as Metro Insurance and Tax Service and SN Tax Services Inc. doing business as Metro Insurance and Tax Service. According to the complaint, the defendants prepared and filed tax returns that falsely understated their customers’ federal income tax liabilities by fabricating, among other things:

• Businesses and related business expenses and losses;
• Education and qualified electric vehicle credits;
• Unreimbursed employee business expenses and
• Dependents and filing status.

The defendants fabricated these items to inflate their customers’ refunds and increase their eligibility for the Earned Income Tax Credit.

According to the complaint, the defendants prepared thousands of tax returns for 2020 through 2023, and already prepared over 400 returns between the start of the 2025 filing season and today’s filing. The complaint alleges that the IRS reviewed income tax returns for 34 of the defendants’ customers and found that returns for 33 of those customers had errors that required an adjustment, often included without the customers’ knowledge or consent. As a result, the complaint alleges that the defendants have cost the United States lost tax revenue as well as the time and resources necessary to investigate the false returns. The complaint further alleges that the defendants harmed their customers who could potentially face large income tax debts and may be liable for penalties and interest.

The Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2025.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $84,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Source: United States Department of Justice

Note: View the settlement agreement here. 

Health Net Federal Services Inc. (HNFS) of Rancho Cordova, California and its corporate parent, St. Louis-based Centene Corporation, have agreed to pay $11,253,400 to resolve claims that HNFS falsely certified compliance with cybersecurity requirements in a contract with the U.S. Department of Defense (DoD) to administer the Defense Health Agency’s (DHA) TRICARE health benefits program for servicemembers and their families. In 2016, Centene acquired all of the issued and outstanding shares of Health Net Inc., HNFS’s corporate parent, and assumed the liabilities of HNFS.

“Companies that hold sensitive government information, including sensitive information of the nation’s servicemembers and their families, must meet their contractual obligations to protect it,” said Acting Assistant Attorney General Brett A. Shumate, head of the Justice Department’s Civil Division. “We will continue to pursue knowing violations of cybersecurity requirements by federal contractors and grantees to protect Americans’ privacy and economic and national security.”

“Safeguarding sensitive government information, particularly when it relates to the health and well-being of millions of service members and their families, is of paramount importance,” said Acting U.S. Attorney Michele Beckwith for the Eastern District of California. “When HNFS failed to uphold its cybersecurity obligations, it didn’t just breach its contract with the government, it breached its duty to the people who sacrifice so much in defense of our nation.”

“This settlement reflects the significance of protecting TRICARE, and the service members and their families who depend on the health care program, from risks of exploitation,” said Cyber Field Office Special Agent in Charge Kenneth DeChellis of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DoD Office of Inspector General. “DCIS will not be deterred from investigating contractors that fail to comply with federal cybersecurity requirements and risk exposing protected information vulnerable to criminal hackers. The U.S. taxpayers who fund these government contracts expect no less.”

The settlement resolves allegations that, between 2015 and 2018, HNFS failed to meet certain cybersecurity controls and falsely certified compliance with them in annual reports to DHA that were required under its contract to administer the TRICARE program. The United States alleged that HNFS failed to timely scan for known vulnerabilities and to remedy security flaws on its networks and systems, in accordance with its System Security Plan and the response times HNFS had established. Furthermore, the United States alleged HNFS ignored reports from third-party security auditors and its internal audit department of cybersecurity risks on HNFS’ networks and systems related to asset management; access controls; configuration settings; firewalls; end-of-life hardware and software in use; patch management (i.e., installing critical security updates released by vendors to counter known threats); vulnerability scanning; and password policies.

The Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Eastern District of California handled the matter, with assistance from DoD’s Office of Inspector General, including the DCIS, Cyber Field Office Western Region and the Inspector General’s Office of Audits, Cyberspace Operations Directorate, and DoD’s Defense Contract Management Agency, Defense Industrial Base Cybersecurity Assessment Center.

Trial Attorneys Christopher Wilson, Laura Hill, and Jonathan Thrope of the Civil Division’s Fraud Section and Assistant U.S. Attorney Steven Tennyson for the Eastern District of California represented the United States in this matter.

The claims asserted against defendants are allegations only; there has been no determination of liability.

Source: United States Department of Justice Criminal Division

On Jan. 31, a court in Miami entered the final in a series of consent decrees, permanently barring 10 individuals and entities from operating a scheme to steal funds from thousands of bank accounts belonging to consumers and small businesses across the United States.

In a civil complaint unsealed on Dec. 11, 2023, the Justice Department alleged that a network of individuals and their companies, including defendants Farhan Khan, Jeremy Todd Briley, Christopher Foufas, Brandon Hahn, and Melinda Petit-Homme, participated in a scheme to steal millions of dollars from consumers and small businesses by making recurring unauthorized charges against their bank accounts.

The defendants allegedly used sham companies, including Altitude Processing Inc., which does business as Clear Marketing Agency, to cover their tracks and make the unauthorized charges appear legitimate. The defendants also allegedly took elaborate steps to portray the sham companies as legitimate businesses that provided online marketing services, creating bogus websites for the sham companies, fake customer authorizations for the charges, and a “customer service” call center to field complaints and offer refunds. The government alleged that, in reality, victims of the scheme never signed up for — or received — any services from the defendants.

“These consent decrees are the hard-won result of the Department’s efforts to eradicate schemes that prey upon consumers and small businesses across the United States,” said Acting Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “The Department is committed to using all the tools at its disposal to block fraudsters from reaching into victims’ bank accounts and draining their savings through repeated unauthorized charges.”

“The U.S. Postal Inspection Service will relentlessly pursue any and everyone masquerading as legitimate businesses to fraudulently steal money from unsuspecting consumers,” said Inspector in Charge Eric Shen of the Postal Inspection Service’s Criminal Investigations Group. “Postal inspectors work diligently to investigate fraud scams and educate the public about how to protect their money from criminals.”

Under the consent decrees, the defendants may not charge consumers without authorization. The consent decrees also prevent the defendants from taking any measures to: (a) evade fraud and risk monitoring programs established by any financial institution, payment processor, or the operator of any payment system; (b) disguise the nature of transactions; or (c) artificially reduce chargeback rates. They are further prohibited from assisting any other individuals or entities with taking any of the prohibited actions. The consent decrees do not constitute an admission of guilt on behalf of the defendants.

The United States Postal Inspection Service investigated the case.

Trial Attorneys Carolyn Rice and Meredith Reiter of the Civil Division’s Consumer Protection Branch represented the government in this matter. The U.S. Attorney’s Office for the Southern District of Florida provided substantial assistance.

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