Colorado Man Sentenced for Cyberstalking Three Individuals in Hawaii and Obstructing Justice

Source: United States Department of Justice

A Colorado man was sentenced yesterday to eight years and one month in prison followed by three years of supervised release for cyberstalking and obstruction of justice offenses committed in Hawaii.

According to court documents, from May 2022 to August 2022, John B. Hart, 54, of Louisville, while living in Hawaii, engaged in a cyberstalking campaign to harass and intimidate his former girlfriend, Jane Doe 1; her former partner, John Doe 1; and her then-partner, John Doe 2. Hart frequently posed as John Doe 1 while targeting his other two victims, and also pretended to target himself in an attempt to deflect attention away from himself and falsely implicate John Doe 1. Hart hid his true identity by using multiple “burner apps” to generate dozens of fake phone numbers that he used to message his victims. Hart also falsely reported the conduct to local and federal law enforcement authorities and others, claiming that John Doe 1 was responsible and posed a genuine and serious threat to Hart and others. Two days after being questioned by federal agents, Hart deleted one of his personal e-mail accounts in an attempt to obstruct the ongoing investigation.

Hart pleaded guilty in April to three counts of cyberstalking and one count of obstruction of justice.  In his plea agreement, Hart admitted to posing as John Doe 1 and committing acts directed at each of his three victims, including, among other things: (1) sending communications to Jane Doe 1 encouraging her to kill herself; (2) sending communications to Jane Doe 1, her family members, and her associates claiming that John Doe 2 was a human trafficker who may have kidnapped Jane Doe 1; (3) sending communications to Jane Doe 1’s family members, John Doe 2, and their associates that contained express or implied threats to kill, kidnap, rape, and otherwise injure Jane Doe 1; (4) creating online dating profiles in Jane Doe 1’s name, and sending messages causing multiple men to appear at Jane Doe 1’s workplace; (5) sending communications to John Doe 2 claiming to have sexual photos and videos of Jane Doe 1 and threatening to post them online and distribute them to her friends and family; and (6) spray-painting Jane Doe 1’s vehicle and placing metal spikes on the ground near her tires, while her vehicle was parked outside of her place of employment. 

Hart has been detained since his August 2023 arrest in Colorado.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, U.S. Attorney Clare E. Connors for the District of Hawaii, Special Agent in Charge Steven Merrill of the FBI Honolulu Field Office, and Acting Assistant Director James C. Barnacle Jr. of the FBI’s Criminal Investigative Division made the announcement.

The FBI investigated the case.

Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Sara D. Ayabe and Aislinn Affinito for the District of Hawaii prosecuted the case.

North Carolina Auto Parts Seller and Its Owner to Pay $10M for Making, Selling and Installing Emissions Defeat Devices on Motor Vehicles

Source: United States Department of Justice Criminal Division

North Carolina automotive parts manufacturer and seller, Rudy’s Performance Parts Inc. (Rudy’s), and its owner, Aaron Rudolf, have agreed to pay a total of $10 million in criminal fines and civil penalties for manufacturing, selling and installing devices, commonly known as “defeat devices,” used to remove or disable required emissions controls in motor vehicles.

Rudy’s pleaded guilty and was sentenced today in federal court in Washington, D.C., for conspiring to violate the Clean Air Act. U.S. District Court Judge Trevor N. McFadden for the District of Columbia ordered Rudy’s to pay a criminal fine of $2.4 million and to complete a three-year period of organizational probation, consistent with a plea agreement. Rudolf, sole owner and chief executive officer of Rudy’s, previously pleaded guilty for conspiring to violate the Clean Air Act by tampering with monitoring devices on approximately 300 diesel trucks, which involved the installation of defeat devices on those trucks. He was sentenced in April to three years of probation and ordered to pay a $600,000 criminal fine. 

Separate from the criminal actions, the Justice Department, on behalf of the Environmental Protection Agency (EPA), filed a civil suit in 2022 against Rudy’s and Rudolf for violating the Clean Air Act by manufacturing, selling and installing defeat devices and failing to adequately respond to the EPA’s formal requests for information. Under a consent decree filed July 29, Rudy’s and Rudolf will pay a $7 million civil penalty for those violations. The consent decree would also prohibit them from making, selling, offering to sell and installing defeat devices, transferring intellectual property that would allow others to make or sell defeat devices and investing in or profiting from defeat devices manufactured or sold by other businesses. The decree is subject to court approval.

“Defeat devices, such as those sold by Rudy’s, can lead to pollution at high levels that pose health risks and harm the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and emissions controls requirements for motor vehicles.”

“For too many years, companies like Rudy’s have installed illegal defeat devices to evade the public health protections of the Clean Air Act, to the detriment of communities across America,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “Today’s announcement demonstrates that EPA will vigorously pursue criminal and civil penalties until this blatant illegal behavior comes to an end.” 

“Those selling defeat devices are willing to pollute the environment so that they can personally profit,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “Today’s sentencing makes clear that there will be significant consequences for those who traffic in these devices. Anyone considering peddling or installing these devices is on notice of the substantial costs of doing so.”

“The Clean Air Act’s protections are essential for the health and safety of our communities,” said U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina. “Tampering with emissions controls adds excess pollutants to the air we breathe and harms both public health and the environment. Settlements like these are essential to hold entities who violate the Clean Air Act accountable and to prevent harmful air pollution.”

According to court documents in the criminal case, Rudy’s sold defeat devices, known as delete tuners, which tampered with the on-board diagnostic systems (OBDs) of vehicles. Rudy’s top selling product was the Mini Maxx delete tuner originally manufactured by another company, identified in court documents as “Company A.” Rudy’s also sold the XRT Pro, another Company A delete tuner. After Company A stopped making these tuners, Rudy’s conspired with others to manufacture imitation Company A tuners. Rudy’s reached an agreement with a software technician to convert certain tuners into imitation Company A tuners. That agreement ran from July 2015 through December 2016, when the software technician stopped converting tuners.

After that, Rudy’s manufactured the imitation delete tuners in-house using a laptop computer that Rudy’s purchased for $850,000. The laptop contained software to convert tuners into imitation Company A tuners. In-house manufacturing lasted from about December 2016 through July 2018. In total, Rudy’s sold approximately 43,900 imitation tuners, generating about $33 million in revenue.

The civil lawsuit alleges that from at least 2014 through mid-2019, Rudy’s and Rudolf manufactured and sold over 250,000 products designed to remove or disable EPA-mandated emissions controls. These products included hardware parts such as plates that block a vehicle’s exhaust gas recirculation system and pipes that replace pollution treatment components in a vehicle’s exhaust system.

Disabling or removing emissions controls and tampering with the OBD of a diesel truck causes its emissions — including nitrogen oxides, carbon monoxide, particulate matter and non-methane hydrocarbons — to increase significantly. Diesel exhaust is a mobile source air toxic because it poses cancer and noncancer health risks. In the civil complaint, the EPA estimates that the number of products sold by Rudy’s amounted to adding over 1 million vehicles’ worth of pollution to America’s roads.

The $7 million that Rudy’s and Rudolf will pay pursuant to the consent decree was based on their financial capability.

The EPA’s Criminal Investigation Division investigated the criminal case.

Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environment and Natural Resources Division’s (ENRD) Environmental Crimes Section and Assistant U.S. Attorney Jennifer L. Blackwell for the District of Columbia are prosecuting the criminal case. Senior Counsel Elizabeth L. Loeb of ENRD’s Environmental Enforcement Section, Assistant U.S. Attorneys Cassie Crawford and Rebecca Mayer for the Middle District of North Carolina and Attorney-Adviser Lauren Tozzi of EPA’s Air Enforcement Division are handling the civil case.

The consent decree was lodged in the U.S. District Court for the Middle District of North Carolina. It is subject to a 30-day public comment period and approval by the Court. A copy of the consent decree and information on submitting comments is available on the Justice Department’s website at www.justice.gov/enrd/consent-decrees. 

Stopping the manufacture, sale, and installation of illegal delete devices is a priority for the EPA. You can learn more about the EPA’s criminal enforcement actions on defeat devices here and here.

Defense News: It Takes Team Work to Open Essex Gym

Source: United States Navy

SAN DIEGO (August 16, 2024) After being closed for nearly two years due to a drydocking selected restricted availability (DSRA) maintenance period, the main gym aboard amphibious assault ship USS Essex (LHD 2) reopened, August 16, 2024.

From floor repairs to new equipment, a new gym onboard Essex has been a long time coming. At the beginning of the gym project, when the old, worn-out gym equipment and floor mats were removed, it was discovered that the gym flooring was corroded and floor repairs became the main priority.

“The deck was super corroded in two areas, on the starboard (right) side and in the middle of the gym,” said Sara Krise, Essex’s afloat recreation specialist, or more commonly known as Fun Boss.

Fun bosses run the Morale, Welfare and Recreation (MWR) programs on ships and are responsible for the programming of recreational events, sports and special events and activities for military personnel serving at sea to help reduce the stress of deployment and improve morale. One major MWR program is the gym.

With a high quality and well-maintained space a primary concern, said Krise, it was important that proper maintenance be performed before any new floor mats and gym equipment were brought in; which meant that the entire floor needed to be properly sanded and painted.

Unfortunately, due to a rushed deadline, paint not drying correctly and the wet paint accidentally being walked on, a month’s worth of floor repairs needed to be done twice. In the Navy, something as simple as painting a floor takes a lot more steps than simply paint-to-floor. Between finding volunteers to help, coordinating the closing of specific spaces on the ship and getting approval for cold-work (painting) so that it doesn’t interfere with hot-work (welding), a month’s worth of work took about four months, according to Master at Arms 1st Class Michael Norval, who graciously volunteered his time to help.

According to Krise, Norval wasn’t originally involved with the work in the gym. When it became apparent that the floors in the gym needed to be redone, she reached out to the Security department simply because they own the space.

“MA1 Norval did an amazing job at ensuring the deck was resanded and repainted,” said Krise. “He sort of, just, took it upon himself to make sure the work got done, which was fantastic.”

Norval recruited two Sailors specifically to help, Operations Specialist 3rd Class Yajaira Espinoza Soto and Airman Mika Dotterweich.

“I asked these two Sailors to help out because they are the most motivated and reliable and they have a similar drive as I do to make sure the job gets done,” said Norval.

Espinoza Soto and Dotterweich are currently assigned to security as part of in-port security forces (ISF), where their primary responsibility is armed watch standing to protect the ship and their fellow Sailors. All of the assistance they provided was performed during their breaks in-between watches.

“It really wasn’t much of a bother, you just have to take initiative and work together as a team,” said Espinoza Soto.

Dotterweich had much of the same sentiment.

“If you’re coming into work, you’re going to be working no matter what,” said Dotterweich. “I’d rather be helping someone out during my off time, plus, it helps the time go by faster.”

An upgrade of about $170,000 in new gym equipment and about $200,000 in new floor mats is no small feat. Lt. j. g. Jonathan Contreras, who helped with the MWR program, assessed the equipment needs of the gym and placed the order for the new equipment through Deployed Forces Support Program (DFS), Krise coordinated with Naval Supply Systems Command (NAVSUP) to ensure a crane was available to assist with the onload of the new gym equipment while also working with Capt. Russell Everitt, executive officer of Essex and Master Chief Charles Parker, command master chief of Essex, to coordinate ship’s personnel to assist with bringing on the new equipment.

The onload and placement of the new gym mats would have taken the MWR team 36 hours to complete, according to Chief Air Traffic Controlman Erin Gladwin, MWR’s “Fun Chief” onboard Essex.

When the duty section of the day pitched in to help, that was cut down to only a two-hour working party. In addition, NAVSUP was able to crane all of the new gym equipment from the pier to the flight deck of the ship, and volunteers of the ship’s crew hand-carried it down to the hangar bay and up two flights of stairs to the gym.

“It took a lot of teamwork from junior enlisted all the way up the ranks to senior officers to get the gym ready at the level it was completed at. Even though it wasn’t mandatory, a lot of people took time out of their schedule to make it happen,” said Gladwin.

Krise has enjoyed revamping the ship’s gym and aspires to make it custom to Essex.

“My intent with the gym is to make it one-of-a-kind,” says Krise. “While gyms are all kind of the same, I want to make it custom-tuned to the Essex with the best equipment and best placement of everything.”

In the future, Krise plans to order additional equipment to continue filling out the available space in the gym. She is also considering the idea of having a few “mini gyms” around the ship, dependent on approval from departments who own specific spaces, to allow for even more opportunities for Sailors to get a quick workout in.

Now that the gym is open, Krise is already planning events such as an “Aloha Challenge”, which runs from September 9 to September 30 and encourages Sailors to run, row or bike 25.21 miles to win a prize, mirroring the fact that Hawaii is 2,521 miles away from San Diego. She also plans to initiate “1,000 Pound Clubs” and other events to encourage camaraderie with fellow shipmates and to help Sailors feel proud of the gym.

For Norval, the gym is one of the most important departments of the ship and it means a lot to the crew as a whole to have the gym open again.

“The two most important departments that I see, that are kind of the heart of the ship, are the galley and the gym. The galley is the left ventricle and the gym is the right ventricle; and I love this ship. I love every Sailor on this ship. I think that they’re all excited for this and that the opening of the gym will increase morale,” said Norval.

Essex is home ported in San Diego conducting a maintenance period to upgrade and refurbish many key systems aboard.

For more news from USS Essex, follow us on Facebook, and Instagram at https://www.facebook.com/USSESSEX, https://www.instagram.com/ussessex_lhd2/
or visit https://www.surfpac.navy.mil/lhd2

Defense News: Pearl Harbor Naval Shipyard Begins USS North Carolina Submarine Maintenance

Source: United States Navy

PEARL HARBOR, Hawaii – Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility’s (PHNSY & IMF) workforce successfully docked Virginia-class fast-attack submarine USS North Carolina (SSN 777) on Sept. 4 in preparation for a depot modernization period (DMP).

“North Carolina is approaching the midway point of her planned life cycle and it is important to conduct repairs and state of the art upgrades to ensure she is combat-ready and equipped to conduct all assigned tasking well into the 2030s,” said Cmdr. Tad Robbins, North Carolina commanding officer.

Robbins added that the crew was looking forward to the refurbishment and upgrade period after North Carolina went on three Pacific deployments in the last six years.

During the DMP, the shipyard project team and ship’s crew will perform structural inspections and repairs, overhaul and replacement of existing complex mechanical and electrical systems, paint and coatings repair and replacement, system modernization, and nuclear work.

“We are all aligned and working together as one big Ohana to achieve the goal of getting the boat back to the fleet as soon as possible,” said Kevin Alford, project superintendent, PHNSY & IMF. “And while it’s definitely hard, dirty, challenging work, with the right team it can also be a lot of fun. I definitely have the right team.”

North Carolina will spend time in the dry dock, then undergo a 10-month period of testing systems and certification of the boat’s crew. At its peak, there will be more than 600 people working daily on the project.

The Navy’s Pacific submarine force has unique access to a critical undersea domain. The ability to rapidly deploy is a key component to the Pacific Fleet’s ability to deter and respond to crisis and conflict throughout the Indo-Pacific region. While underway, the submarines conduct combat readiness training and employ undersea warfare capabilities in support of a wide range of missions. The shipyard’s ability to complete complex maintenance operations and deliver submarines back to the fleet on time, ensures that our submarine force remains ready and responsive for any tasking.

North Carolina was commissioned May 3, 2008, and is the fourth navy vessel and first submarine named after the state. North Carolina is homeported at Joint Base Pearl Harbor-Hickam, Hawaii, and has a crew of approximately 140 Sailors and officers representing almost every state in the nation.

PHNSY & IMF is a field activity of NAVSEA and a one-stop regional maintenance center for the Navy’s surface ships and submarines. It is the largest industrial employer in the state of Hawaii. Strategically located in the heart of the Pacific, it is the most comprehensive fleet repair and maintenance facility between the U.S. West Coast and the Far East. Its location places it about a week’s steaming time closer to potential regional contingencies in the Indo-Pacific.

OIP Posts FOIA Best Practices Discussed at Recent Workshop

Source: United States Department of Justice Criminal Division

On July 31, 2024, the Office of Information Policy (OIP) hosted a Freedom of Information Act (FOIA) Best Practices Workshop for agency FOIA professionals on creating and implementing backlog reduction plans.  A summary of the best practices discussed is now available on OIP’s Best Practices Workshop Series page.  

The workshop consisted of representatives from five agencies including the Department of Justice, Department of Homeland Security, Department of Defense, Department of the Interior, and the Consumer Product Safety Commission.  Panelists discussed a range of best practices including approaching backlog reduction as an ongoing endeavor rather than a static plan, establishing short and long term goals, investing in personnel and technology, and the importance of leadership support in ensuring success.

A detailed list of the best practices discussed at these and other OIP workshops, and related guidance, can be found on the Best Practices Workshop Series page of OIP’s website. 

Launched in 2014, the Best Practices Workshop series was designed as a part of the United States’ Second Open Government National Action Plan commitment to modernize FOIA administration.  The goal of the series is to improve FOIA processes by leveraging effective strategies from across the government, highlighting successes achieved by agencies, and sharing successful approaches on a wide range of FOIA issues. 

We invite you to suggest discussion topics for upcoming Best Practices Workshops, and you can e-mail your suggestions for new workshop topics to DOJ.OIP.FOIA@usdoj.gov (link sends e-mail) using the subject line “Agency Best Practices Workshop Suggestion.”