Justice Department to Recover Over $100 Million in Additional Funds Linked to 1MDB Scheme

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has reached an agreement with Low Taek Jho, also known as Jho Low, members of his family, and trust entities Low established (collectively, the “Low Parties”) that resolves two civil forfeiture cases.

The department previously brought the cases against assets that it alleges were acquired by Low and his family using funds allegedly embezzled from 1Malaysia Development Berhad (1MDB), Malaysia’s sovereign investment development fund. The Low Parties have also agreed to cooperate in the transfer to Malaysia of certain other assets located in Hong Kong, Switzerland, and Singapore that are linked to 1MDB funds. Under the agreement, the department will coordinate with foreign partners to facilitate the liquidation and return of these assets to Malaysia.  

According to the civil forfeiture complaints, from 2009 through 2015, more than $4.5 billion in funds belonging to 1MDB were allegedly misappropriated by high-level officials of 1MDB and their associates, including Low, through a criminal conspiracy involving international money laundering and bribery. 1MDB was created by the government of Malaysia to promote economic development in Malaysia through global partnerships and foreign direct investment. Its funds were intended to be used to improve the well-being of the Malaysian people.

The agreement resolves the civil forfeiture action against a luxury apartment in Paris and artwork located in Switzerland by artists Andy Warhol and Claude Monet, which Low purchased for approximately $35 million in total. In addition, parties agreed to return to Malaysia real property and cash in bank accounts valued at approximately $67 million located in Hong Kong, Switzerland, and Singapore. The United States will release a total of $3.5 million to the trust entities to pay for legal fees and costs associated with the properties. Under the agreement, none of these fees may be returned to Low or his family members. 

Prior to this settlement, in total, the United States has returned or assisted in the return to Malaysia of over $1.4 billion in assets associated with the international money laundering, embezzlement, and bribery scheme.

Low separately faces charges in the Eastern District of New York for allegedly conspiring to launder billions of dollars embezzled from 1MDB and for conspiring to violate the Foreign Corrupt Practices Act by allegedly paying bribes to various Malaysian and Emirati officials, and in the District of Columbia for allegedly conspiring to make and conceal foreign and conduit campaign contributions during the United States presidential election in 2012. This agreement does not release any entity or individual from filed or potential criminal charges.

The FBI’s International Corruption Squads in New York City and Los Angeles and IRS Criminal Investigation are investigating the case.  

Trial Attorneys Barbara Levy, Sean Fern, Jonathan Baum, and Joshua Sohn of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) and Assistant U.S. Attorney Jonathan Galatzan for the Central District of California are prosecuting the case, with significant assistance from the Justice Department’s Office of International Affairs and MLARS’ Program Management Staff.

The Justice Department also appreciates the significant assistance provided over the course of this investigation by the Attorney General’s Chambers of Malaysia, the Royal Malaysia Police, the Malaysian Anti-Corruption Commission, the Attorney-General’s Chambers of Singapore, the Singapore Police Force-Commercial Affairs Department, the Office of the Attorney General and the Federal Office of Justice of Switzerland, and French authorities.

The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in MLARS, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov or https://tips.fbi.gov/.

WikiLeaks Founder Pleads Guilty and Is Sentenced for Conspiring to Obtain and Disclose Classified National Defense Information

Source: United States Department of Justice Criminal Division

Julian P. Assange, 52, the founder of WikiLeaks, pleaded guilty today to conspiring with Chelsea Manning, at that time a U.S. Army intelligence analyst, to unlawfully obtain and disclose classified documents relating to the national defense. After obtaining classified national defense information from Manning, and aware of the harm that dissemination of such national defense information would cause, Assange disclosed this information on WikiLeaks.

The guilty plea concludes a criminal matter that dates back to March 2018, when Assange was first indicted in the Eastern District of Virginia. There, and in superseding indictments, Assange was charged with conspiring with Manning, then a “Top Secret” U.S. security clearance holder, to further Manning’s unlawful acquisition and transmission of bulk classified information, including Manning’s use of a government computer to illegally download hundreds of thousands of classified documents and transmit them without authorization to WikiLeaks.

Assange was detained in the United Kingdom based on the U.S. charges for the last 62 months, while he contested extradition. As part of the plea agreement, Assange was transported to the U.S. District Court for the Northern Mariana Islands to enter his felony guilty plea and be sentenced on the morning of June 26 (Saipan local time) in a U.S. courtroom, with the venue reflecting Assange’s opposition to traveling to the continental United States to enter his guilty plea and the proximity of this federal U.S. District Court to Assange’s country of citizenship, Australia, to which he will return. At today’s proceeding, Assange admitted to his role in the conspiracy to violate the Espionage Act and received a court-imposed 62-month time-served sentence, reflecting the time he served in U.K. prison as a result of the U.S. charges. Following the imposition of sentence, he will depart the United States for his native Australia. Pursuant to the plea agreement, Assange is prohibited from returning to the United States without permission.

Beginning in late 2009, Assange and WikiLeaks actively solicited United States classified information, including by publishing a list of “Most Wanted Leaks” that sought, among other things, bulk classified documents. As set forth in the public charging documents, Assange actively solicited and recruited people who had access, authorized or otherwise, to classified information and were willing to provide that information to him and WikiLeaks—and also solicited hackers who could obtain unauthorized access to classified information through computer network intrusions. Assange publicly encouraged his prospective recruits to obtain the information he desired by any means necessary, including hacking and theft, and to send that information to Assange at WikiLeaks.

Between January 2010 and May 2010, in the course of the conspiracy with Assange, Manning used U.S. government computer systems to download hundreds of thousands of documents and reports, many of them classified at the SECRET level and relating to the national defense, which signified that unauthorized disclosure could cause serious damage to United States national security. In total, Manning downloaded four nearly complete U.S. government databases that contained, among other things, approximately 90,000 Afghanistan war-related significant activity reports, 400,000 Iraq war-related significant activity reports, 800 Joint Task Force Guantanamo (JTF GTMO) detainee assessment briefs, and 250,000 U.S. Department of State cables. Manning also downloaded files regarding rules of engagement in the Iraq war, most of which were classified at the SECRET level and which delineated the circumstances and limitations under which United States forces would initiate or conduct combat engagement with other forces. 

After downloading digital reams of classified documents and files, Manning electronically sent them to Assange to be publicly posted on WikiLeaks’s website. During Manning’s bulk exfiltration and passage of classified materials to WikiLeaks, Manning and Assange communicated regularly via online platforms about Manning’s progress and what classified information Assange wanted. For example, after sending the classified JTF GTMO detainee assessment briefs to Assange, Manning told Assange “thats [sic] all I really have got left.” To encourage Manning to continue to take classified documents from the United States and provide them to Assange and WikiLeaks without authorization, Assange replied, “curious eyes never run dry in my experience.”    

In or about 2010 and 2011, Assange publicly disclosed via the WikiLeaks website hundreds of thousands of documents that Manning had taken without authorization and given to him, including approximately 75,000 Afghanistan war-related significant activity reports, classified up to the Secret level; 400,000 Iraq war-related significant activity reports, classified up to the Secret level; 800 JTF GTMO detainee assessment briefs, classified up to the Secret level; and over 100,000 State Department cables, some of which were classified up to the Secret level.

Unlike news organizations that published redacted versions of some of the classified documents that Assange obtained from Manning and then shared with those organizations, Assange and WikiLeaks disclosed many of the raw classified documents without removing any personally identifying information. Specifically, in many instances, the classified documents Manning unlawfully provided to Assange were later released publicly by Assange and WikiLeaks in a raw or unredacted form that placed individuals who had assisted the U.S. government at great personal risk. Assange’s decision to reveal the names of human sources illegally shared with him by Manning created a grave and imminent risk to human life. For example, the State Department cables that WikiLeaks disseminated included information from journalists, religious leaders, human rights advocates, and political dissidents who had chosen to provide information to the United States in confidence at significant risk to their own safety. By publicly releasing these documents without redacting the names of human sources or other identifying information, Assange subjected these individuals to serious harm and arbitrary detention. Assange even acknowledged in public statements that he knew that publicly disclosing unredacted classified documents containing the names and other identifying information of people who had shared information with the U.S. government in confidence could put those people at risk of harm. 

The FBI Washington Field Office investigated the case. The Justice Department’s Office of International Affairs provided significant assistance in securing Assange’s arrest and in litigating Assange’s extradition. The United Kingdom’s Crown Prosecution Service, National Extradition Unit (and its predecessor in the Metropolitan Police Service), and Central Authority also provided significant assistance to the extradition proceedings over the past five years. Logistical support was also provided by the United Kingdom’s National Crime Agency’s Joint International Crime Centre, U.K. law enforcement agencies, and U.S. Department of Homeland Security, Homeland Security Investigations, and U.S. Customs and Border Protection.

The National Security Division’s Counterintelligence and Export Control Section (CES), U.S. Attorney’s Office for the District of Guam and the Northern Mariana Islands (NMI), and U.S. Attorney’s Office for the Eastern District of Virginia handled the case. U.S. Attorney Shawn N. Anderson for the District of Guam and NMI, CES Deputy Chief Matthew McKenzie, and National Security Cyber Section Trial Attorney Jacques Singer-Emery represented the United States in the NMI proceedings. CES Trial Attorneys Nicholas Hunter and Adam Small, and Trial Attorney Rachel Yasser and Legal Advisor/International Affairs Coordinator Amanda June Chadwick of the Justice Department’s Office of International Affairs also provided substantial assistance.

Man Pleads Guilty to Conspiracy to Commit Sex Trafficking

Source: United States Department of Justice

A Tennessee man pleaded guilty today to conspiracy to commit sex trafficking of a minor and sex trafficking by force, fraud, or coercion.

According to court documents, from December 2021 through March 2022, Charles Cunigan, 31, and his girlfriend, Latesha Gardner, transported the victim, who was a minor throughout the timeframe of the conspiracy, across state lines from Tennessee to Illinois, Louisiana, and Texas for the purpose of causing her to engage in commercial sex acts. Cunigan advertised the victim for commercial sex on websites, kept the money the victim made from commercial sex transactions, required the victim to earn a daily quotas from commercial sex, and restricted the victim’s access to food.  Cunigan also tracked the victim’s location using a cell phone application and told her that he would find and kill the victim if she ever tried to leave.

Cunigan used violence to accomplish the scheme. For example, if the victim did not comply with Cunigan’s demands, he would beat the victim, which Cunigan did when he punched and kicked the victim during an altercation in February 2022. On occasion, Cunigan also directed Gardner to use physical force against the victim. 

Cunigan is scheduled to be sentenced on Sept. 24. If the court accepts the guilty plea, the government and Cunigan have agreed that Cunigan will be sentenced to 22 years and six months’ imprisonment. Cunigan has also agreed to pay $48,750 in restitution to the victim. As a result of his conviction, Cunigan must participate in the sex offender registration and notification program upon his release from custody.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; and Deputy Special Agent in Charge Eric DeLaune of Homeland Security Investigations (HSI) New Orleans made the announcement.

HSI New Orleans investigated the case. 

Trial Attorney Melissa E. Bücher of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Maria M. Carboni for the Eastern District of Louisiana are prosecuting the case.

Virginia Couple Sentenced for Forcing Victim to Work at Their Gas Station and Convenience Store for Over Three Years

Source: United States Department of Justice

A Virginia couple was sentenced today for compelling the labor of the man’s younger cousin at their gas station and convenience store for over three years. The couple has since divorced.

Harmanpreet Singh, 31, was sentenced to 135 months in prison and Kulbir Kaur, 43, was sentenced to 87 months in prison. Additionally, the court ordered Singh and Kaur to pay the victim $225,210.76 in restitution.

“The defendants exploited their relationship with the victim to lure him to the United States with false promises that they would help enroll him in school,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendants confiscated the victim’s immigration documents and subjected him to threats, physical force and mental abuse to coerce him to work long hours for minimal pay. This sentence should send a strong message that such forced labor will not be tolerated in our communities. The Justice Department is committed to fully enforcing our federal human trafficking statutes to vindicate the rights of survivors and hold human traffickers accountable for such shameful exploitation of vulnerable victims.” 

“The crimes committed by these defendants are not merely violations of the law; they are an afront to humanity,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “These defendants preyed on the victim’s earnest desire to attain an education and improve his life. Instead, they deprived him of the most basic human needs and robbed him of his freedom. We remain steadfastly committed to securing justice for victims of human trafficking.”

“The defendants lured the victim to travel from India to Virginia to work at their gas station where they exploited him for over three year,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division. “The FBI will continue to work in all communities to stop forced labor trafficking and the psychological and physical violence that comes with it.”

Following a two-week trial in January, a federal jury in the Eastern District of Virginia convicted Singh and Kaur of conspiracy to commit forced labor, forced labor, harboring for financial gain and document servitude. The evidence presented at trial demonstrated that, in 2018, the defendants enticed the victim, Singh’s cousin and then a minor, to travel to the United States from India with false promises of helping enroll him in school. After the victim arrived in the United States, the defendants took his immigration documents and instead forced him to provide labor and services at Singh’s store for over three years, between March 2018 and May 2021.

According to the evidence presented at trial, Singh and Kaur compelled the victim to work at the store — including cleaning, cooking, stocking and handling the cash register and store records — between 12 to 17 hours a day, nearly every day, for minimal pay. Singh and Kaur used various coercive means, including confiscating the victim’s immigration documents and subjecting the victim to physical abuse, threats of force and other serious harm, and, at times, degrading living conditions to compel him to continue working.

The evidence further showed that the defendants left the victim at the store to sleep in a back office for days at a time on multiple occasions, limited his access to food, refused to provide medical care or education, used surveillance equipment to monitor the victim both at the store and in their home, refused his requests to return to India and made him overstay his visa. The defendants also forced the victim to marry Kaur and used that marriage to threaten to take the victim’s family’s properties or falsely report him to the police if he left. The evidence showed that Singh pulled the victim’s hair, slapped and kicked him when he requested his immigration documents back and tried to leave and, on three different occasions, threatened the victim with a revolver for trying to take a day off and for trying to leave.

The FBI Richmond Field Office investigated the case.

Assistant U.S. Attorneys Avi Panth and Peter S. Duffey for the Eastern District of Virginia and Trial Attorney Matthew Thiman of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

Attorney General Merrick B. Garland Announces New Crime Gun Intelligence Center in Cleveland

Source: United States Department of Justice

Alongside state and local law enforcement partners in Cleveland, Attorney General Merrick B. Garland, Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio today announced the opening of a new Northeast Ohio Crime Gun Intelligence Center (CGIC) in Cleveland.

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Attorney General Merrick B. Garland Announces New Northeast Ohio Crime Gun Intelligence Center in Cleveland

Attorney General Merrick B. Garland Delivers Remarks Announcing the Opening of the New Northeast Ohio Crime Gun Intelligence Center in Cleveland