West Virginia Ambulance Business Owner Sentenced for Tax Crimes

Source: United States Department of Justice Criminal Division

A West Virginia man was sentenced yesterday to three years in prison for not paying the taxes withheld from employees’ wages at an ambulance service he operated and obstructing the IRS’ efforts to collect those taxes.

According to court documents and evidence presented in court, from 2012 through part of 2017, Christopher Jason Smyth operated Stat EMS LLC, an ambulance service located in Pineville. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.

At Stat EMS, Smyth was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying them to the IRS.  For years, however, Smyth did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.

Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those assessments from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

IRS Criminal Investigation investigated the case.

Assistant Chief David Zisserson and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia, prosecuted the case.

Justice Department Files Statement of Interest in Religious Land Use Case in Clarion, Pennsylvania, Alleging Unequal Treatment of Religious Assembly Uses

Source: United States Department of Justice

The Justice Department filed a statement of interest today in the Western District of Pennsylvania supporting a lawsuit brought by the Hope Rising Community Church, which alleges that the Borough of Clarion’s zoning code violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The statement of interest was filed in Hope Rising Community Church v. Borough of Clarion, a lawsuit alleging that the Borough violated RLUIPA by enacting and enforcing zoning provisions that treat religious uses less favorably than similar secular assemblies. The lawsuit alleges that the Church has outgrown its current facility and that the only suitable property in the Borough is located in the Borough’s C-2 Commercial District. This District does not allow houses of worship, but permits nonreligious assembly uses like theaters and civic/cultural buildings. When the Church approached the Borough about using the property for religious purposes, Borough officials allegedly told the Church that the Borough would not grant zoning approval and that the Borough did not “need any more Churches.”    

“Congress enacted RLUIPA to ensure that zoning ordinances treat religious assemblies on par with nonreligious assemblies,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA. Central to the Civil Rights Division’s mission is combatting religious discrimination and ensuring that houses of worship receive equal treatment under the law. We will continue to protect the foundational right of all Americans to religious freedom.”

The Borough filed a motion to dismiss the Church’s lawsuit, arguing in part that the Church had failed to properly allege an equal terms claim under RLUIPA and that the Church was not sufficiently injured by the Borough’s conduct to assert such a claim. The Department’s statement of interest refutes these contentions, explaining that the Church has properly alleged an equal terms claim and that the Church, which cannot develop its proposed religious facility, has suffered a concrete injury.

RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal or discriminatory land use regulations. More information about RLUIPA and the Department’s efforts to enforce it can be found on the Place to Worship Initiative’s webpage.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal.

Defense News: Beaufort Native Leads the Way at FRCE

Source: United States Navy

From writing a report titled “The Sound of Freedom” in elementary school to later enlisting in the Army, Beaufort, North Carolina, native David Rose has always been driven by a deep sense of dedication to serving his country.

Today, as the Fleet Readiness Center East (FRCE) executive director – the senior civilian for a command workforce comprised of more than 4,000 civilian, contractor and military personnel – Rose continues to embody that commitment, proving that his passion for service has only grown stronger with time.

Growing up in Eastern North Carolina, a region with strong military ties, Rose developed an appreciation for the armed forces and a lifelong desire to pursue law enforcement. This passion led him to join the Army in 1996, where he served as a military police officer during his five-year enlistment. Rose said several experiences throughout his youth inspired him to enlist, making it an obvious choice after graduating from East Carteret High School. 

“As a child, I was fixated on becoming a police officer, but I also knew I wanted to serve my country in some capacity,” said Rose. “My grandfather and uncle served, so I felt inspired by them. Back in high school, I did some ride alongs with deputy sheriffs and state troopers who were mostly former military. They would tell me stories about their time in the military and I remember their advice was to join, so that also contributed to my decision.

“Not only that, just being surrounded by the military presence here in Eastern North Carolina during my childhood was inspiring,” Rose continued. “The air shows, going to the state port in Morehead City to be a part of the fanfare as the Marines, sailors and soldiers returned from Operation Desert Storm, it all played a part in my decision. So, when I realized the Army offered my choice of military occupational specialty, it was a no-brainer.”

After separating from the Army with an honorable discharge in 2001, Rose returned to Eastern North Carolina for a brief stint with the State of North Carolina Department of Public Safety. Soon after hearing about all the opportunities going on at the Naval Aviation Depot (NADEP), Rose decided to make a career change and accepted employment with Raytheon Aerospace supporting NADEP, which is now known as FRCE.

“I had recently married, and we had our first child,” said Rose. “I decided it was a good time to reevaluate my career path.

“Having grown up in the area, I was well aware of the many folks from the community that served in this command, to include some family members,” he continued. “Because of that, I already knew about the depot and its mission, and I was really intrigued by the opportunities here. Not only that, but it also allowed me to continue to serve my country in a similar capacity.”

In 2002, Rose accepted employment as a civil servant and started his career with FRCE as a pneudraulic systems worker for the Maintenance, Repair and Overhaul Production Department, formerly known as the Production Floor Trades Department. He has since worked his way up the chain of command, gaining years of large-scale experience in diversified logistics and industrial operations, all of which led him to his current role of executive director.

“I have been fortunate to be a part of the FRC East team for well over 20 years now and have grown very passionate for FRC East, its workforce and capabilities,” he said. “The people employed here are proud Americans and proud to support the mission. It’s not just a job. It’s a career, it’s a family, and I am incredibly grateful to be a part of it.” 

As a military aviation maintenance, repair and overhaul depot, FRCE’s mission is to provide the nation’s military with the highest quality aircraft, engines, components and field services on time and at the best value to the American taxpayer. Rose said this is why the work FRCE does is so critical. 

“What we do here is absolutely vital to national security,” said Rose. “As part of the Commander Fleet Readiness Centers, the FRC East team plays a crucial role in ensuring our military aviators, crew members and teammates can carry out their missions safely and efficiently. That’s why it’s imperative that we put forth our best efforts and diligence in producing high-quality products for the warfighter. We want them to have dependable assets for when they must take the fight to the enemy.”

Rose said his experiences within the greater Naval Aviation Enterprise have helped him understand the role and impact the depot’s civilian workforce plays in supporting the Navy and Marine Corps fleet readiness, as well as the other services.

“Back when I was an artisan on the shop floor, I remember the lasting impression of seeing aircraft and engines that were the result of the casualty of battle,” said Rose. “Seeing an engine with shrapnel or foreign object debris damage, or an aircraft riddled with holes from enemy fire — holy moly, it really puts everything into perspective. You’re looking at the very evidence of what our nation’s military members are subjected to as they defend our country. It gives you a sense of humility and pride because our mission here at FRC East is to turn those battle-damaged aircraft into mission-ready and fully combat-capable machines.”

Sharing experiences like those with colleagues at FRCE has shown him that the depot’s strength truly lies in its people.

“During my time here, I’ve had the privilege of working alongside some of the most selfless, skilled and dedicated individuals in the world,” said Rose. “I’ve witnessed first-hand the loyalty and dedication from many of the people who work here, and I can say with certainty that what makes FRC East truly special is its workforce. It’s not just about getting the job done – it’s about how and when presented with a challenge, we always come together to support each other and ultimately rise to the challenge and solve the problem.”

Having worked alongside many skilled and dedicated people during his time at FRCE, Rose values both formal and informal mentorship. That’s why, in his new role, he plans to continue encouraging mentorship within the command.

“As I sit here now, I can think of at least 20 individuals from our various occupations who have, through the course of my career, poured into me the guidance and support I needed to get to where I am today,” he said. “I admit, I don’t have all the answers, but I know within this organization, we have the people who, collectively, have all the answers. That’s the beauty of the FRC East team and mentorship. There is no challenge that we can’t overcome or solve together.”

Just as mentors guide their mentees, Rose said he approaches his leadership role with the intent to do the same, believing that if you take care of your people, they will rise to any challenge. As a servant leader, someone who prioritizes the needs and growth of their team members above their own, Rose is committed to leading by example, willing to roll up his sleeves and do anything he asks of his employees.

“I won’t ever do anything or ask anything of my folks that I wouldn’t do myself or haven’t already done myself,” said Rose. “That was something that was engrained into me during my time in the military. At FRC East, we are the largest industrial employer, arguably, east of interstate 95. It takes the entire team being laser focused, understanding that it takes everyone’s skill sets, experiences, and knowledge to make our mission happen – it’s all of us.”

Rose described FRCE’s success as a puzzle with many pieces and, while each employee at the facility represents a piece, not all the pieces lie within the depot’s walls. He said a huge part of the puzzle is the support from the surrounding community.

“We are very fortunate to have overwhelming support from our local and regional area,” said Rose. “The city of Havelock, Craven County, and all of the surrounding counties, within a 50-plus-mile radius, the State of North Carolina, and last but not least, Marine Corps Air Station Cherry Point – they all support our mission. 

“There’s nothing like the local community here,” Rose continued. “They’re all rooting for us to succeed.  I’m aware of other communities surrounding other military organizations across the nation that may not favor them, but everyone here knows the importance of what we do. They advocate for us, and we are fortunate to have their support.”

In the end, Rose’s decision to join the FRCE workforce in 2002 brought him back to his roots: advocating for the military, just as he did in a book report he wrote in the early 1980s as a student at Smyrna elementary school.

“Back in the ‘80s, when I was in third or fourth grade, I wrote a book report I titled ‘The Sound of Freedom,’” Rose said. “It focused on the recent arrival of the AV-8B Harrier to Marine Corps Air Station Cherry Point and the importance of the military in the community. I remember making the point that, even at that young age, I valued the military presence in Eastern North Carolina and how it provides freedom and safety for all American citizens.

“That report was, and still is, a big deal to me because it inspired me to learn more about and defend the mission of MCAS Cherry Point and the depot,” he continued. “It all came full circle in the end. Fast forward to now, as the executive director of the same facility I wrote about in that report as young child… who would have ever thought?”

FRCE is North Carolina’s largest maintenance, repair, overhaul and technical services provider, with more than 4,000 civilian, military and contract workers. Its annual revenue exceeds $1 billion. The depot provides service to the fleet while functioning as an integral part of the greater U.S. Navy; Naval Air Systems Command; and Commander, Fleet Readiness Centers.

Defense News: ROK, USFK, CNFK embark USS Carl Vinson, exploring operations and capabilities

Source: United States Navy

Gen. Xavier T. Brunson, Commander of United Nations Command, Combined Forces Command, and U.S. Forces Korea, ROK Navy Rear Adm. Kim Jihoon, Deputy Commander of Republic of Korea Fleet, and other guests, met with Rear Adm. Michael Wosje, commander, CSG-1, spoke to subject matter experts about carrier operations on the bridge and observed flight operations from the flight deck.

General Brunson emphasized the carrier strike group’s capabilities and shared his thoughts on the critical role these forces play in maintaining regional security and a free and open Indo-Pacific. He also emphasized how they directly support USFK’s mission in the region.

“The Carl Vinson’s carrier strike group operations demonstrate our commitment to bolster the defense of allies and partners and strengthen our ability to ‘fight tonight and win.’ This visit, especially when coupled with realistic all domain, joint and combined training, increases interoperability and ensures we build the readiness posture to deter aggression and maintain stability in the Republic of Korea and the region,” Brunson said. “The Carl Vinson’s presence here not only underscores the importance of both the maritime and air domains but also reaffirms our commitment to maintaining a free and open Indo-Pacific by integrating these unique capabilities into our comprehensive all-domain approach.”

The group observed flight operations and discussed how to enhance capabilities of future combined operations between ROK and U.S. Navy. Rear Adm. Kim’s visit aboard Carl Vinson highlighted the partnership and collaboration between the U.S. and ROK and demonstrated the U.S. commitment to security and stability in the region.

“Deployment of the carrier strike group to the Korean peninsula is evidence that shows the determined willingness and executive ability for a robust combined defense posture of the Republic of Korea,” said Rear Adm. Kim.

USFK’s mission is to deter aggression, and if necessary, defend the ROK to maintain stability in Northeast Asia.

“Bringing senior U.S. and ROK leadership out to Vinson is an opportunity to showcase the strength, capability and lethality of a carrier strike group,” said Rear Adm. Neil Koprowski, commander, CNFK. “This visit reinforces our ironclad commitment to the ROK-U.S. alliance, supporting stability and security in the region.”

CNFK is the U.S. Navy’s representative in the ROK. It provides leadership and expertise in naval matters that support the mission of USFK. CNFK works closely with the ROK Navy to improve institutional and operational effectiveness and to strengthen collective security efforts in the Korean Theater.

The Carl Vinson Carrier Strike Group consists of USS Carl Vinson (CVN 70), embarked staffs of Carrier Strike Group ONE and Destroyer Squadron ONE, Carrier Air Wing Two, Ticonderoga-class guided-missile cruiser USS Princeton (CG 59) and Arleigh Burke-class guided-missile destroyers USS Sterett (DDG 104) and USS William P. Lawrence (DDG 110). Carrier Air Wing Two is composed of nine squadrons flying the F-35C Lightning II, F/A-18E/F Super Hornets, EA-18G Growler, E-2D Advanced Hawkeye, CMV-22 Osprey and MH-60R/S Seahawks.

The Carl Vinson Carrier Strike Group is operating in the U.S. 7th Fleet area of operations. U.S. 7th Fleet is the U.S. Navy’s largest forward-deployed numbered fleet, and routinely interacts and operates with allies and partners in preserving a free and open Indo-Pacific region.

For more news from CSG-1 and Carl Vinson visit: https://www.dvidshub.net/unit/CSG1, https://www.dvidshub.net/unit/CVN70

Justice Department Files Statement of Interest Supporting Access to Places of Worship

Source: United States Department of Justice Criminal Division

The Department of Justice announced today that it has filed a statement of interest in federal court in California to promote the correct and uniform interpretation of federal law protecting access to places of religious worship. The case involves allegations that a violent mob used violence, intimidation, and threats to prevent congregants from accessing the Adas Torah Synagogue. The statement of interest is part of the Department’s nationwide efforts to promote freedom of religious worship and combat antisemitism in all of its forms.

“Every person should be free to worship and attend religious services without fear of violence, threats, or intimidation,” said Deputy Assistant Attorney General for Civil Rights Mac Warner. “The Civil Rights Division is working vigorously to combat antisemitism using all of the tools at our disposal.”

As part of that effort, the Department of Justice recently announced the formation of a multi-agency task force coordinated by the Civil Rights Division to combat antisemitism, which is visiting 10 university campuses that have experienced antisemitic events.

In this case, private plaintiffs sued CodePink Women for Peace, CodePink Action Fund, WESPAC Foundation, Honor the Earth, Courtney Lenna Schirf, Remo Ibrahim, doing business as Palestinian Youth Movement, and various unnamed individuals. They allege that these organizations and individuals violated provisions of the Freedom of Access to Clinic Entrances Act (FACE Act) that protect access to places of religious worship. The United States’ Statement of Interest addresses physical obstructions of places of religious worship.

“Members of our Jewish community should not have to think about their safety when they go to worship,” said Acting U.S. Attorney Joseph McNally for the Central District of California. “We make clear today that federal law prohibits people from obstructing access to places of worship.”

To learn more about the Civil Rights Division visit www.justice.gov/crt, and to report possible violations of federal civil rights laws go to www.civilrights.justice.gov or call toll-free at 800-253-3931.