Category: US Department of Justice

Source: United States Department of Justice Criminal Division

A Kentucky man pleaded guilty and was sentenced last week to one year and one day in prison and one year of supervised release in the District of Eastern Louisiana for committing a federal hate crime.

According to court documents, Brian Adams, 24, of Paintsville, Kentucky, transmitted a threat to a fifth-grade class at the Laureate Academy Charter School on or about Oct. 14, 2020. At the time, the school was conducting class virtually over Zoom due to the COVID-19 pandemic. Specifically, Adams used racial epithets against the students and teachers and threatened to “hang them by a tree.” Adams pleaded guilty to one count of transmitting threatening communications. The court found that Adams’ actions were motivated by hate.

“This prosecution should make clear that perpetrators of hate crimes hiding behind computer screens, hacking into teleconferences and disrupting virtual meetings will be held accountable. The defendant used racial epithets and threats against innocent children who were simply trying to get an education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No child should ever have to endure racially motivated hatred like this in a classroom, a school or anywhere else. The Justice Department is committed to protecting children from such hate-filled assaults and to safeguarding their right to a safe and secure education.”

“Citizens should not fear threats based on their race at any time and especially for students while pursuing their education,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The U.S. Attorney’s Office is committed to working closely with federal, state and local law enforcement to ensure hate crimes are investigated, prosecuted and to ultimately hold perpetrators responsible for their actions.”

“Hate has no place in our country, especially in a fifth-grade classroom,” said Special Agent in Charge Lyonel Myrthil of the FBI New Orleans Field Office. “Protecting the rights of all Americans under the Constitution is the heart of the FBI’s mission.”

The FBI New Orleans Field Office investigated the case.

Assistant U.S. Attorney Tracey N. Knight for the Eastern District of Louisiana prosecuted the case, with assistance from Trial Attorney Mary Hahn of the Civil Rights Division’s Criminal Section.

Source: United States Department of Justice Criminal Division

Joly Germine, 31, of Croix-des-Bouquets, Haiti, was sentenced today to 420 months in prison for his role in a gunrunning conspiracy that smuggled firearms to Haiti in violation of U.S. export laws, and the laundering of ransoms paid for U.S. hostages held by the notoriously violent Haitian gang known as 400 Mawozo. Eliande Tunis, 46, of Pompano Beach, Florida, who styled herself as Germine’s “wife” and was described at trial as the “Queen” of 400 Mawozo, was sentenced on June 5, to 150 months in prison for her role in the conspiracy. Two other defendants in the conspiracy were also sentenced to jail time for their involvement.

The conspiracy resulted in the purchase in the United States of at least 24 firearms, including weapons designed for the military and close-quarters combat such as AK-47s, AR-15s, an M4 Carbine rifle, an M1A rifle, and a .50 caliber rifle, which were smuggled from the United States to the gang in Haiti to further their criminal activities. Those firearms were bought using funds laundered from the proceeds of the hostage taking for ransom of U.S. citizens in Haiti in 2021.

“A leader of the Haitian gang known as 400 Mawozo will now spend 35 years in prison for a scheme to smuggle guns from the United States to Haiti using the proceeds extorted from kidnapping American citizens,” said Attorney General Merrick B. Garland. “The leaders of violent gangs in Haiti that terrorize Americans citizens in order to fuel their criminal activity will be met with the full force of the Justice Department.”

“Joly Germine is being held accountable for his role in smuggling weapons into Haiti using funds laundered from the ransoms of kidnapped American citizens,” said FBI Director Christopher Wray. “The 400 Mawazo gang not only wreaks havoc in its own communities but targets innocent Americans living and traveling in Haiti. The FBI will continue to work with our partners to target the leadership and take down any violent criminal group who preys upon Americans abroad and uses unlawful and dangerous tactics like weapons-trafficking and kidnapping to further their criminal enterprise.”

“Firearms smuggling is not a victimless crime,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Just like these weapons, many guns smuggled to Haiti end up in the hands of violent gangs. Those gangs use them to harm both Haitians and American citizens. As this sentence demonstrates, ATF is committed to working with our law enforcement partners both at home and internationally to hold gun smugglers responsible.” 

“Mr. Germine, a leader of a notorious Haitian gang, admitted to an illegal gun-running scheme to arm fellow gang members with U.S. firearms in support of the group’s violent crime spree across Haiti, including the alleged 2021 kidnapping of 16 U.S. citizens,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will aggressively pursue every tool at its disposal to hold accountable those who would smuggle U.S.-origin weapons and other controlled goods for the benefit of malicious actors and their criminal enterprises.”

“Violent gangs have ravaged Haiti, and all too often, Americans in Haiti have been targets of their violence,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “These two defendants not only helped lead a prominent violent gang in Haiti, but they were also intimately involved in arming the gang and laundering ransom proceeds the gang obtained from kidnapping Americans. Preventing them from illegally shipping anymore firearms or laundering the proceeds of kidnappings strikes a critical blow against the gang they once led.”

“As Joly Germine and Eliande Tunis have just learned, the FBI is dedicated to disrupting and dismantling gangs who undertake hostage-taking of U.S. Citizens anywhere,” said FBI Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office.  “This includes taking away their ability to wreak violence on the innocent using smuggled firearms.”

“Today’s sentencing sends a strong message: the Diplomatic Security Service is committed to making sure that those who commit transnational crimes face consequences for their criminal actions,” said Assistant Director Paul Houston of the Department of State’s Diplomatic Security Service (DSS) for Threat Investigations and Analysis. “DSS’ strong relationship with the U.S. Attorney’s Office and other law enforcement agencies around the world continues to be essential in the pursuit of justice.”

According to court documents, Germine, pleaded guilty on Jan. 31, to the 48-count second superseding indictment, which charged him with conspiring to violate U.S. export control laws and to defraud the United States, violating export control laws, smuggling, and laundering the proceeds of ransoms paid to free U.S. hostages taken by the gang and laundering money to promote his crimes. Germine’s plea came at the end of the government’s case at trial, which included the testimony of 24 witnesses and two weeks of evidence.

Germine’s co-defendant Tunis, who had a supervisory role in the conspiracy, pleaded guilty on the eve of trial on Jan. 17, to the same 48-count indictment, and was sentenced on June 5 to 150 months in prison. Other co-defendants, Jocelyn Dor, 31, and Walder St. Louis, 35, who acted as a straw gun purchasers for Germine and Tunis, both pleaded guilty and were sentenced to 60 months and 36 months, respectively, for their roles in the gun-smuggling and money laundering scheme.

According to evidence presented at trial, from at least March through November 2021, Germine, Tunis, and two co-defendants conspired with each other and with other gang members in Haiti to acquire and supply firearms to the 400 Mawozo gang in Haiti. Germine directed the gang’s operations from a Haitian prison using unmonitored cell phones, including directing gang members in Haiti to transfer money to Tunis and others in the United States for the purpose of obtaining firearms for the gang. Germine then provided Tunis and the two other U.S.-based co-defendants, all Florida residents, specifications for firearms and ammunition that Germine and other gang leaders wanted sent to Haiti. Tunis and the two co-defendants then purchased at least 24 rifles, handguns, and a shotgun at Florida gun shops while falsely stating that they were the “actual buyers” of the firearms, when they were in fact acting as straw purchasers for Germine. In approximately May 2021, Tunis smuggled firearms and ammunition to Haiti in containers disguised as food and household goods. In October 2021, Tunis attempted to ship additional firearms and ammunition to Haiti, again by smuggling the firearms, but those firearms were seized by the FBI before they left the United States.

400 Mawozo is a violent Haitian gang that operated in the Croix-des-Bouquets area to the east of the capital, Port-au-Prince. From at least Jan. 12, 2020, 400 Mawozo was engaged in armed hostage takings of U.S. citizens in Haiti for ransom. The victims have generally been forced from their vehicles at gunpoint and kept in various locations by armed gang members while their relatives and colleagues negotiate payment for their release. At trial, the government presented evidence that the gang received ransom payments from the hostage taking of three U.S. citizens in the summer of 2021, who testified at trial, and the cash ransom proceeds were commingled with the gang’s funds and transferred via MoneyGram and Western Union from the United States to Haiti to buy more firearms.

In the fall of 2021, the 400 Mawozo gang claimed responsibility for taking 16 U.S. citizens hostage, including five children, and one Canadian citizen who were part of a missionary organization visiting an orphanage in Port-au-Prince. The gang demanded a ransom of $1 million for each hostage. The hostages were all released or had escaped by on or about Dec. 16, 2021. While Germine has been charged in a separate indictment in relation to that hostage-taking incident, today’s sentencing does not address those charges, which are lodged in case number 22-cr-161 in the U.S. District Court for the District of Columbia. An indictment is merely an accusation, and the defendant is presumed innocent until proven guilty.

The FBI Miami Field Office investigated the case, with assistance from the ATF and the Department of Commerce’s Office of Export Enforcement.

Valuable assistance was provided by the government of Haiti, particularly the Haitian National Police, the Justice Department’s Office of International Affairs, the Department of State’s Diplomatic Security Service and the U.S. Attorney’s Office for the Southern District of Florida’s Special Prosecutions Section.

Assistant U.S. Attorneys Karen P. Seifert and Kimberly Paschall for the District of Columbia and Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Source: United States Department of Justice Criminal Division

Former Elmore County, Alabama, Sheriff’s Deputy Blake Hicks, 33, was sentenced today to 29 months in prison and three years of supervised release for depriving an arrestee of his civil rights under color of law. 

According to documents and statements made in court, Hicks willfully used unreasonable force against an arrestee, identified as T.Q. Specifically, without legal justification, Hicks punched and kicked T.Q. in or around the head while T.Q. was handcuffed and incapacitated on the ground. T.Q. suffered a broken cheekbone, concussion and lacerations from Hicks’ assault.

“This defendant had a duty to respect the rights of people in his custody and to keep them safe,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Instead, he violently assaulted a person under arrest who was not resisting or threatening harm to the defendant or the public. The Justice Department remains firmly committed to holding accountable law enforcement officials who abuse their powers and use excessive force against people in custody.”

“We expect law enforcement officers to maintain order and ensure public safety,” said U.S. Attorney Jonathan S. Ross for the Middle District of Alabama. “These are tremendous responsibilities. Fortunately, the vast majority of officers serve honorably. Hicks fell short of his obligation to protect and serve. The sentence imposed today ensures that he is held responsible for his actions. Failure to hold Hicks accountable would discredit the noble service of other officers and weaken the public’s trust in law enforcement.”

The FBI Mobile Field Office investigated the case.

Trial Attorney Laura-Kate Bernstein and Special Litigation Counsel Michael J. Songer of the Civil Rights Division and Assistant U.S. Attorney Eric Counts for the Middle District of Alabama are prosecuting the case. 

Source: United States Department of Justice Criminal Division

The Justice Department announced today a settlement agreement with Fulton County Schools in Georgia to resolve the department’s investigation of the district’s response to an escalating series of student-on-student sexual assaults on a school bus serving students with special needs. The department conducted its investigation under Title IX of the Education Amendments of 1972, Title II of the Americans with Disabilities Act (ADA) and the Equal Educational Opportunities Act of 1974.

“A school district’s responsibility is to protect its students from sexual assault and harassment, particularly students whose disabilities make them vulnerable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools have a responsibility to address obstacles in reporting sexual assault and to take into account the special needs or vulnerabilities of any affected students and their families. The Justice Department will continue working to ensure that our schools are safe learning environments free from sexual harassment and equitable for students with disabilities.”

“Children with disabilities can be especially vulnerable and deserve to thrive in a learning environment free of violence of any kind, including when traveling to and from school aboard buses,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “We applaud the school district’s willingness to cooperate with our investigation and to amicably resolve this matter to ensure the protection and safety of these children.” 

The department’s investigation found that the district lacked adequate procedures and failed to train employees in the proper reporting of and response to student-on-student sexual harassment and assault; failed to appropriately accommodate the special needs of students with disabilities in preventing and responding to sexual assault; and failed to make educational and school communications, particularly those related to the complaint reporting and investigation process, accessible for parents and guardians with limited English proficiency. The agreement will strengthen the district’s policies and procedures for responding to student-on-student sexual assault and ensure that the district’s response accounts for the unique needs of students with disabilities and Limited English Proficient (LEP) parents.

The district cooperated with the department throughout the investigation. Among other actions, under the settlement agreement, the district will:

• Revise its policies for responding to complaints of sexual misconduct;

• Provide district staff with trainings on student-on-student sexual misconduct;

• Ensure it provides students with disabilities the accommodations they need to participate in the district’s educational programs, particularly accommodations that support the communication needs of students with disabilities; and

• Provide appropriate language assistance services to LEP parents and guardians.

The enforcement of Title IX, Title II and the Equal Educational Opportunities Act are top priorities for the Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at www.justice.gov/crt/educational-opportunities-section. Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.

The U.S. Attorney’s Office for the Northern District of Georgia worked in collaboration with the Civil Rights Division’s Educational Opportunities Section to investigate this case. Information about the U.S. Attorney’s Office for the Northern District of Georgia can be found at www.justice.gov/usao-ndga/about.

Source: United States Department of Justice Criminal Division

Two pharmacy owners were sentenced for using New York-area pharmacies to submit millions of dollars in false and fraudulent claims to Medicare and then laundering the proceeds, including during the COVID-19 pandemic.

Peter Khaim, 44, of Forest Hills, New York, was sentenced today to eight years and one month in prison, and his brother and co-defendant, Arkadiy Khaimov, 41, also of Forest Hills, was sentenced on April 3 to six years in prison.

According to court documents, Khaim and Khaimov engaged in a complex money laundering conspiracy to launder the proceeds of a fraudulent health care scheme involving 16 New York-area pharmacies that they and their co-conspirators owned and controlled. Khaim, Khaimov, and their co-conspirators exploited the COVID-19 emergency for their own financial gain by using COVID-19-related “emergency override” billing codes to submit fraudulent claims for expensive cancer medications Targretin Gel 1% and Panretin Gel 0.1% that were not prescribed by physicians or dispensed to patients, and that were purportedly dispensed during periods when certain pharmacies were closed.

To conceal over $18 million of their criminal proceeds, Khaim, Khaimov, and their co-conspirators funneled money through several shell companies, including sham pharmacy wholesale companies designed to look like legitimate wholesalers. Khaim and Khaimov typically sent the funds from the pharmacy bank accounts they controlled to the sham wholesale companies. The funds were then typically sent to companies in China for distribution to individuals in Uzbekistan. The defendants then received a corresponding amount of cash from a co-conspirator, minus a commission. At other times, the fraudulent proceeds were sent from the sham wholesale companies to Khaim, Khaimov, their relatives, or their designees, in the form of certified cashier’s checks and cash. Khaim and Khaimov used the proceeds of the scheme to purchase real estate and other luxury items. 

Khaim pleaded guilty on Nov. 3, 2022 to one count of conspiracy to commit money laundering.  Khaimov pleaded guilty on Nov. 16, 2022 to one count of conspiracy to commit money laundering. At sentencing, Khaim was ordered to pay more than $18 million in restitution and to forfeit more than $2.7 million. Khaimov was ordered to pay more than $18 million in restitution and to forfeit more than $9.6 million. 

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; Assistant Director in Charge James Smith of the FBI New York Field Office; Special Agent in Charge Thomas M. Fattorusso of the IRS Criminal Investigation; Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG); and Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG) made the announcement.

HHS-OIG, the FBI, IRS Criminal Investigation, and FDIC-OIG investigated the case. 

Trial Attorney Arun Bodapati of the Criminal Division’s Fraud Section’s Northeast Strike Force prosecuted the case, with assistance from Principal Assistant Chief Jacob Foster and Assistant Chief Patrick Mott of the Criminal Division’s Fraud Section.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.