Category: Security News

Source: United States Department of Justice Criminal Division

The Justice Department filed a lawsuit today against the City of South Bend, Indiana, alleging that the hiring process for entry-level police officers at the South Bend Police Department (SBPD) violates Title VII of the Civil Rights Act. Specifically, the department alleges that South Bend uses a written examination that discriminates against Black applicants and a physical fitness test that discriminates against female applicants.

Title VII is a federal statute that prohibits employment discrimination based on race, sex, color, national origin and religion. Title VII prohibits not only intentional discrimination but also employment practices that result in a disparate impact on a protected group, unless such practices are job related and consistent with business necessity.

“Equal employment opportunity is critical to ensuring that law enforcement agencies do not unfairly exclude otherwise eligible job applicants based on discriminatory practices,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Discriminatory barriers that deny qualified Black and female applicants the opportunity to be police officers violate civil rights and undermine public safety efforts. The Justice Department is committed to equal access to employment opportunities in the policing sector so that all qualified applicants have a fair chance to protect and serve their communities.”

The lawsuit stems from a pattern and practice investigation launched by Civil Rights Division in 2021 into SBPD’s hiring practices. The investigation found that SBPD’s written examination and physical fitness test do not meaningfully distinguish between applicants who can and cannot perform the position of entry-level police officer. These tests also had the effect of disqualifying Black and female applicants from the hiring process at significantly disproportionate rates. The department thus concluded that these tests violate Title VII’s bar on discrimination in employment.

Filed in the Northern District of Indiana, the lawsuit alleges that, since at least 2016, South Bend has used a written examination that has disproportionately excluded Black applicants and a physical fitness test that has disproportionately excluded female applicants from consideration for police officer positions. The complaint asserts that South Bend’s uses of these tests are neither job related nor consistent with business necessity, and thus, violate Title VII.

The Justice Department is seeking a court order to ensure that South Bend uses only lawful tests in its entry-level police officer hiring process. The department also seeks relief for Black and female applicants disqualified by the challenged tests, including back pay and, for those who can successfully complete the new lawful selection process, job offers with retroactive seniority.

The full and fair enforcement of Title VII is a top priority of the Civil Rights Division. The division recently proposed consent decrees to resolve lawsuits challenging similarly discriminatory hiring processes at the Maryland Department of State Police and the Durham Fire Department. The division has issued a fact sheet on combating hiring discrimination by police and fire departments to help applicants for public safety jobs understand their Title VII rights to be free from discriminatory hiring processes. More information about the Civil Rights Division can be found at www.justice.gov/crt.

Source: United States Department of Justice Criminal Division

Allstar Health Providers Inc., a California home health agency, and its owner, Maria Chua, have agreed to pay $399,990 to the United States to resolve allegations that they violated the False Claims Act when they knowingly received and retained more than one Paycheck Protection Program (PPP) loan prior to Dec. 31, 2020, in violation of PPP rules.

The PPP, an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security (CARES) Act and administered by the Small Business Administration (SBA), was intended to support small businesses struggling to pay employees and other business expenses during the COVID-19 pandemic. A borrower applying for a PPP loan was required to make multiple certifications relating to its eligibility and compliance with program rules. Among other things, PPP loan applicants in 2020 were required to certify that they would not receive more than one PPP loan prior to Dec. 31, 2020.

The United States alleged that Chua submitted two PPP loan applications on behalf of Allstar Health Providers in May 2020, and in both applications, she certified that the company would not receive more than one loan prior to Dec. 31, 2020. Despite these certifications, the United States alleged that Allstar Health Providers received two PPP loans in 2020, and thereafter knowingly and improperly retained the second, duplicate loan. According to the United States, Allstar Health Providers failed to repay the duplicate loan, which resulted in a loss to the SBA when it purchased the loan guaranty on the duplicate loan.

“PPP loans were intended to provide critical relief to small businesses,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to pursuing those who knowingly violated the requirements of the PPP or other COVID-19 assistance programs and obtained relief funds to which they were not entitled.”

“When an individual violates the False Claims Act by fraudulently receiving and retaining PPP loans, taxpayers lose,” said U.S. Attorney Martin Estrada for the Central District of California. “Those who violate the law by fraudulently receiving and retaining PPP loans will be held accountable.”

“This is another excellent example of the success of the combined investigative efforts of the Small Business Administration and the Department of Justice in aggressively pursuing instances of misconduct and recovering funds from those who choose to commit fraudulent acts against SBA’s COVID-relief programs,” said General Counsel Therese Meers of SBA.

The settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act by J. Bryan Quesenberry. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Quesenberry v. 2 Evil Geniuses et al., No. 20-cv-8495 (C.D. Cal.). Mr. Quesenberry will receive a total of approximately $60,000 in connection with this settlement.

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 Central District of California, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Frank Kortum for the Central District of California handled the matter.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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’s Civil Rights Division on Wednesday convened principals of federal agency civil rights offices and senior government officials to foster AI and civil rights coordination.

This was the fourth such convening by the Civil Rights Division, coming up on the one-year anniversary of President Biden’s Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (EO 14110), which tasks the Civil Rights Division with coordinating federal agencies to use our authorities to prevent and address unlawful discrimination and other harms that may result from the use of AI in programs and benefits, while preserving the potential social, medical and other advances AI may spur.

The convening highlighted a recent Justice Department symposium on AI focusing on combating technology-enabled crime — including crime facilitated by AI. The Civil Rights Division’s Chief Technologist presented remarks at the symposium, and the event included discussion of the department’s role in negotiating the first international agreement providing a shared baseline for using AI in a way that is consistent with respect for human rights, democracy and the rule of law.

To strengthen the division’s efforts to ensure equity in AI, the Civil Rights Division recently retained a Chief Technologist, Dr. Laura Edelson. She is helping to systematically expand the division’s AI enforcement capacity and to increase the efficiency of its operations by harnessing technological modernization.

At the convening, agency technologists and researchers, including Dr. Edelson, discussed the role of auditing in preventing, investigating, monitoring, and remedying algorithmic bias. Auditing is used to verify that algorithms generate accurate results, as opposed to reflecting historical bias against protected classes.

Agencies discussed their efforts to safeguard civil rights through robust enforcement, policy initiatives, rulemaking and ongoing education and outreach. These accomplishments include:

• A Federal Trade Commission report finding that large social media and video streaming companies engaged in vast surveillance of their users, including kids and teens, with insufficient privacy controls;
• An Equal Employment Opportunity Commission report highlighting barriers to equal opportunity in the high tech workforce and sector and calling for concerted efforts to address discriminatory barriers;
• A Department of Labor (DOL) sponsored resource to help employers consider disability inclusion and accessibility in AI hiring technologies; and
• A Department of Education guide that reminds developers who design for education with AI that they share responsibility with educators for advancing equity and protecting students’ civil rights.

The interagency convening’s attendees included representatives from the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Interior, Labor, Transportation and Treasury, as well as the Consumer Financial Protection Bureau, Equal Employment Opportunity Commission, Federal Trade Commission and Social Security Administration. Director Naomi Barry-Perez of the DOL’s Civil Rights Center and Department of Transportation Civil Rights Director Irene Marion were in attendance to provide updates for their agencies.

All participants pledged to continue collaboration to protect the American public against any harm that might result from the increased use and reliance on AI, algorithms and other advanced technologies. The agencies also agreed to partner on external stakeholder engagement around their collective efforts to advance equity and civil rights in AI.

For more information, see the Civil Rights Division’s webpage, which centralizes content related to the division’s work on AI and civil rights. This resource provides information about how advanced technologies can result in unlawful discrimination and what the division can do to assist victims of discrimination. The webpage also includes key resources on AI and civil rights from enforcement agencies throughout the federal government.

Source: United States Department of Justice Criminal Division

A federal court has prohibited two Dallas-area physicians from prescribing opioids and other controlled substances and imposed a total of $1.2 million in judgments against them in a case alleging the physicians violated the Controlled Substances Act (CSA), the Justice Department announced today.

In a civil complaint filed in 2019 in the Northern District of Texas, the United States alleged that Cesar B. Pena Rodriguez M.D. and Leovares A. Mendez M.D. violated the CSA by issuing prescriptions for opioids and other powerful drugs outside the usual course of professional practice and not for a legitimate medical purpose. The complaint alleged that the defendants issued thousands of prescriptions without apparent regard for patient harm, including prescriptions for a combination of an opioid, a short-acting benzodiazepine, and a muscle relaxer — a dangerous and frequently-abused drug cocktail known as the “trinity.” In an order filed Oct. 8, the court imposed a $291,451 civil penalty judgment against Mendez in addition to a $914,021 civil penalty judgment against Pena Rodriguez entered earlier this year.

“Prescribing opioids for no legitimate purpose betrays the trust placed in our medical professionals and significantly threatens the communities they serve,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to use every available tool to stop doctors who fail to uphold their obligation to prescribe controlled substances lawfully.”

“Doctors are charged with protecting and healing us when we are sick and vulnerable. Instead of healing vulnerable members of our community, these doctors sought to profit off of their addictions,” said U.S. Attorney Leigha Simonton for the Northern District of Texas. “The U.S. Attorney’s Office’s Civil Division, in conjunction with our partners in the Consumer Protection Branch, sought immediate injunctive relief to prevent these doctors from prescribing to addicts and have now terminated their ability to ever put their patients at risk in this way again.”

“Peña-Rodríguez and Mendez were distributing deadly controlled substances mix known as the ‘trinity’ outside the course of a legitimate medical need, simply to get rich,” said Special Agent in Charge Eduardo A. Chávez of the Drug Enforcement Administration (DEA) Dallas. “Following our successful criminal prosecution, we issued a trinity of ourselves through not just criminal penalties, but now civil and administrative ones as well. Standards for our medical professionals must stay high because patients deserve a doctor they can trust. We will continue to partner with the U.S. Attorney’s Office to seek all avenues of justice and accountability against all medical providers who violate their code of conduct.”

The defendants agreed to consent judgments to settle the allegations in the complaint. The orders entered by the court permanently prohibit Pena Rodriguez and Mendez from ever again prescribing, dispensing, administering or distributing controlled substances. The orders also bar them from holding DEA registrations or working at, supervising or owning a medical practice where controlled substances are present.

In a separate criminal action, Pena Rodriguez previously pleaded guilty to one count of conspiracy to unlawfully distribute controlled substances. Mendez was found guilty at a jury trial of one count of conspiracy to distribute a controlled substances and six counts of unlawful distribution of controlled substances. Mendez was sentenced to seven years in prison. Dr. Pena Rodriquez was sentenced to two years in prison.

The DEA investigated the case.

Assistant U.S. Attorney Sarah Delaney for the Northern District of Texas and Trial Attorney Scott B. Dahlquist of the Civil Division’s Consumer Protection Branch prosecuted the case.

The claims made in the complaint are allegations that the United States would need to prove by a preponderance of the evidence if the case proceeded to trial.