Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Following a two-day trial, a federal jury in the Western District of Kentucky convicted Portier Q. Govan, 38, of Memphis, Tennessee, of all counts in a five-count indictment, including sex trafficking, conspiracy to commit sex trafficking, obstruction or interference with a sex trafficking prosecution or investigation, interstate transportation for purposes of prostitution and being a felon in possession of a firearm. Govan’s co-defendant, Brittany R. Howard, 25, of Bowling Green, Kentucky, pleaded guilty on Oct. 30 to interstate transportation for purposes of prostitution and obstruction or interference with a sex trafficking prosecution or investigation.

“This defendant used extreme threats of violence to compel an 18-year-old victim to engage in commercial sex, even holding a gun to her head to terrify, control and coerce her for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant sought to cover up his crime by repeatedly intimidating a witness to lie for him. A unanimous jury has found the defendant guilty of his heinous conduct, and our prosecution should make clear that we will not tolerate sex trafficking in our country. The Justice Department will use all the tools at our disposal to hold human traffickers accountable, to seek justice for survivors, and to protect survivors from harm.”

“I commend the prosecution team, FBI’s Bowling Green Resident Agency and the Bowling Green Police Department for their outstanding work on this case,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “We are committed to the aggressive investigation and prosecution of human trafficking wherever it occurs in the Western District. I strongly encourage the public to report any suspected human trafficking to law enforcement.”  

“This defendant preyed on a vulnerable young woman, threatening her with physical violence and even death if she didn’t comply with his demands,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “The woman was forced to engage in commercial sex while the defendant profited from her suffering. Tragically, this is a reality that unfolds far too often in our communities. The FBI is fully committed to using every resource at our disposal to identify perpetrators, hold them accountable and put an end to the devastating crime of sex trafficking.”

Evidence presented during the trial established that Govan and Howard met the victim at a gas station in Bowling Green and convinced her to come back to their hotel room where they recruited and enticed her to engage in commercial sex by making false promises of making good money. Govan continued his enticement attempts by taking the victim on a shopping trip to two shopping malls in Tennessee, and when they returned to Bowling Green later that night, Govan and Howard convinced the victim to participate with Howard in seeing a commercial sex customer. From that moment on, Govan’s attitude toward the victim changed, as he became demanding, intimidating and threatening. Govan ordered the victim to make eye contact with him while speaking, and even threatened to kill the victim, pressing a pistol against her head while she was in the front passenger seat of a car, then lowering the gun and firing a bullet across her lap, missing her body by inches. Govan further scared the victim by showing her a video of himself beating a defenseless man tied to a chair. Govan sexually assaulted the victim, and for four days compelled her to engage in commercial sex for his profit by threatening to hurt her. Upon being discovered by the police, Govan attempted to interfere with the investigation by having Howard lie for him and prevent the police from speaking to the victim, and after his arrest, he sought to obstruct the prosecution by passing letters to Howard in the jail instructing her to lie.

A sentencing hearing is scheduled for March 25, 2025, and Howard will face a sentencing hearing on March 9, 2025. Govan faces a minimum penalty of 15 years in prison and a maximum penalty of life in prison as well as mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office, Bowling Green Resident Agency investigated the case, with assistance from the Bowling Green Police Department.

Assistant U.S. Attorney Madison Sewell for the Western District of Kentucky and Trial Attorney Francisco Zornosa of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting 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 Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

Source: United States Department of Justice Criminal Division

An indictment was unsealed yesterday in the Southern District of Mississippi charging former Mississippi State Capitol Police Flex Unit officer Jeffery Walker with felony deprivation of rights under color of law.

According to court documents, Walker used excessive force against a handcuffed arrestee, identified as E.S., including the use of dangerous weapons and force resulting in bodily injury.

On July 27, 2022, Walker, driving an unmarked police car, attempted to initiate a traffic stop involving E.S., who failed to stop and led Walker on a vehicle pursuit. During the pursuit, several Jackson Police Department (JPD) officers followed behind until Walker cut E.S. off, causing Walker to run into a tree and E.S. to swerve into the yard behind Walker’s car. An assisting JPD officer pulled E.S. from the car and handcuffed him without issue. Shortly after taking control of E.S., who was still handcuffed and compliant at this point, Walker slammed E.S.’ head into the hood of E.S.’ car, put him on the ground and kicked him in the head and face area. E.S. suffered bodily injury as a result of Walker’s actions.  

If convicted, Walker faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Todd W. Gee for the Southern District of Mississippi and Special Agent in Charge Robert A. Eikhoff of the FBI Jackson Field Office made the announcement.

The FBI Jackson Field Office is investigating the case.

Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi and Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

A Mexican national extradited to the United States from Mexico in 2023 pleaded guilty today to leading a human smuggling conspiracy operating in Mexicali on the U.S.-Mexico border for several years.

According to court documents, Ofelia Hernandez-Salas, 63, led a human smuggling organization that facilitated the travel of more than 100 migrants into the United States from and through Bangladesh, Yemen, Pakistan, Eritrea, India, the United Arab Emirates, Uzbekistan, Russia, Egypt, Brazil, Peru, Ecuador, Colombia, Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala, and Mexico. Hernandez-Salas’ organization charged the migrants as much as tens of thousands of dollars to make the journey and directed the migrants where to illegally cross the border into the United States, including by providing them with a ladder to climb over the border fence. Hernandez-Salas and co-conspirators also robbed the migrants of money and personal belongings while armed with guns and knives.

“Hernandez-Salas has pled guilty to leading a criminal organization that smuggled migrants from more a dozen countries into the United States,” said Attorney General Merrick B. Garland. “Her plea is the latest example of Joint Task Force Alpha (JTFA)’s long reach and unwavering commitment to bringing to justice the leaders of the human smuggling operations that victimize migrants for profit and endanger our national security.”

“Human smugglers are ruthless — they lie to, steal from, and gravely endanger their victims, wreaking death and devastation across our region,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department of Homeland Security (DHS) will continue to work with our federal and international partners to help dismantle human smuggling operations and bring perpetrators to justice.”

“We launched JTFA three years ago to disrupt the human smuggling networks that cause misery throughout the Western hemisphere,” said Deputy Attorney General Lisa Monaco. “Today, a leader of one such network pleaded guilty, making clear that if you try to profit from the desperation of others, the U.S. justice system will hold you accountable.”

“Hernandez-Salas ran a prolific human smuggling organization that illegally brought migrants from around the world into the United States — charging the migrants thousands of dollars, and often robbing them of additional money and belongings,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Such criminal operations not only violate U.S. law, but they also put migrants at great personal and financial risk. The Justice Department, through JTFA, is committed to working with our foreign law enforcement partners in Mexico and elsewhere to disrupt and dismantle dangerous transnational criminal organizations.”

“Extradition is a powerful tool to hold leaders of transnational criminal organizations accountable to American justice,” said U.S. Attorney Gary Restaino for the District of Arizona. “But it requires cooperation and collaboration with our neighbors. Thanks to all the stakeholders of JTFA throughout the federal government for breaking down barriers and working proactively and collegially with Mexican authorities.”

Hernandez-Salas pleaded guilty to conspiracy to bring an alien to the United States and three substantive counts of bringing an alien to the United States for commercial benefit or private financial gain. She is scheduled to be sentenced on March 10, 2025, and faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

In June 2023, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed corresponding sanctions on the Hernandez-Salas transnational criminal organization.

Hernandez-Salas and co-defendant Raul Saucedo-Huipio, 50, were arrested by Mexican authorities at the request of the United States in March 2023. Saucedo-Huipio remains in custody in Mexico.

Homeland Security Investigations (HSI) Yuma is investigating the case with assistance from the U.S. Border Patrol, Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, FBI, and U.S. Marshals Service, working in concert with HSI Tijuana, INTERPOL, and the HSI Human Smuggling Unit in Washington, D.C. CBP’s National Targeting Center/Counter Network Division and OFAC also provided valuable assistance.

JTFA Co-Director Jim Hepburn and Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Lisa Jennis for the District of Arizona are prosecuting the case.

The Justice Department’s Office of International Affairs (OIA) provided significant assistance in securing the defendant’s arrest and extradition from Mexico. The Justice Department thanks its Mexican law enforcement partners, who were instrumental in arresting and extraditing Hernandez-Salas.

The investigation and prosecutions of Hernandez-Salas and Saucedo-Huipio are being coordinated through JTFA. JTFA was created in June 2021 by Attorney General Garland, in partnership with Secretary Mayorkas, to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other U.S. law enforcement agencies, and with foreign law enforcement partners, including in El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations that have the most impact on the United States; and coordinated significant human smuggling indictments and extradition efforts in U.S. Attorneys’ Offices across the country. In June, the initiative was expanded to Colombia and Panama to combat human smuggling in the Darién. JTFA is comprised of detailees from southwest border U.S. Attorneys’ Offices, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support for the program is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA, led by HRSP and supported by the Office of Overseas Prosecutorial Development, Assistance and Training; Narcotic and Dangerous Drug Section; Money Laundering and Asset Recovery Section; Office of Enforcement Operations; OIA; and Violent Crime and Racketeering Section.

JTFA also relies on substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 290 U.S. convictions; 240 significant jail sentences imposed; and forfeitures of substantial assets.

This investigation is also supported by the Extraterritorial Criminal Travel Strike Force (ECT) program, a partnership between the Justice Department’s Criminal Division and HSI’s Human Smuggling Unit. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks or raise grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT also coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

Source: United States Department of Justice

A federal court in New Jersey last month held in contempt Abraham Taylor, a resident of Florida and formerly of New Jersey, for continuing to prepare returns after the court permanently barred him and his business — Chentay Consulting Services LP, doing business as CCS Tax Services — from preparing federal income tax returns for others.

According to the court’s contempt order, Taylor concealed his violations of the permanent injunction by using electronic filing privileges assigned to Fredrick Gibson, of Uncle Sam Tax Services in Pennsylvania. Taylor agreed to the entry of the contempt order and a disgorgement judgment for preparing returns in violation of the injunction. Gibson agreed to forfeit his electronic filing privileges which Taylor had used to conceal his identity.

Taylor was previously held in contempt in 2021 for using electronic filing privileges assigned to his son O’Neal Taylor and his son’s business O’Neal Z. Taylor. Through the contempt order, Taylor agreed to a disgorgement judgment and O’Neal agreed to forfeit his electronic filing privileges.

The most recent contempt order requires Taylor to provide the United States with a list of his customers and to send a copy of the court’s injunction order to all customers for whom he prepared returns. It also provides that the court shall order the sale of Taylor’s house to satisfy the two disgorgement judgments if Taylor continues to prepare returns in violation of the injunction.

Each year the IRS highlights some of the tax scams that put taxpayers at risk of losing money, personal information, data and more. In the IRS’ most recent list, it specifically warned taxpayers “to beware of promoters peddling bogus tax schemes aimed at reducing taxes or avoiding them altogether.”

The IRS has some tips on its website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Source: United States Department of Justice Criminal Division

In a civil complaint unsealed today in Providence, Rhode Island, the Justice Department alleges that CVS Pharmacy Inc. and various subsidiaries (collectively, CVS) filled unlawful prescriptions in violation of the Controlled Substances Act (CSA) and sought reimbursement from federal healthcare programs for unlawful prescriptions in violation of the False Claims Act (FCA). CVS is the country’s largest pharmacy chain, with more than 9,000 pharmacies across the United States.

The government’s complaint alleges that, from Oct. 17, 2013, to the present, CVS knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice. Among the large number of unlawful prescriptions that CVS allegedly filled were prescriptions for dangerous and excessive quantities of opioids, early fills of opioids, and “trinity” prescriptions, an especially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine and a muscle relaxant. CVS also allegedly filled large quantities of prescriptions for controlled substances written by prescribers it knew to be engaged in “pill mill practices” — that is, prescribers who issue large numbers of controlled substance prescriptions without any medical purpose. According to the complaint, CVS ignored substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores were dispensing unlawful prescriptions.

The complaint alleges that CVS’ violations resulted from corporate-mandated performance metrics, incentive compensation, and staffing policies that prioritized corporate profits over patient safety. CVS set staffing levels far too low for pharmacists to both meet their performance metrics and comply with their legal obligations. CVS also allegedly deprived its pharmacists of crucial information (including by, for example, preventing pharmacists from warning one another about certain prescribers) that could have reduced the number of unlawful prescriptions filled. The complaint alleges that CVS’ actions helped to fuel the opioid crisis and that, in some particularly tragic instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at CVS.

“Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful and pressured its pharmacists to fill such prescriptions without taking the time needed to confirm their validity,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”

“Opioid deaths remain a scourge on communities across Rhode Island and the nation, robbing families of loved ones and leaving a path of devastation in their wake,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island. “This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal proliferation of these highly addictive drugs, including by pill mill prescribers. When corporations such as CVS prize profits over patient safety and overburden their pharmacy staff so that they cannot carry out the basic responsibility of ensuring that prescriptions are legitimate, we will use every tool at our disposal to see that they answer for it.”

The government alleges that by knowingly filling unlawful prescriptions for controlled substances, CVS violated the CSA and, where CVS sought reimbursement from federal healthcare programs, also violated the FCA. The complaint alleges that CVS’s actions helped to fuel the opioid crisis. If CVS is found liable, it could face civil penalties for each unlawful prescription filled in violation of the CSA and treble damages and applicable penalties for each prescription reimbursed by federal healthcare programs in violation of the FCA. The court also may award injunctive relief to prevent CVS from committing further CSA violations, including ordering appropriate changes to corporate compliance programs and policies.

“When lives are destroyed or lost to opioid abuse, it doesn’t matter if the supplier is a street-level dealer, a pill mill, or a nationwide corporation,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Our laws regarding the dispensing of opioids and other controlled substances are clear and apply to everyone. We will pursue whatever legal action is necessary to stop any enterprise, regardless of size, that places profit over the safety of our citizens.”

“CVS is alleged to have dispensed large amounts of highly addictive opioid medications to persons they knew had no medical need for them,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “Simply put, they put profits over their obligation to keep their customers safe. A pharmacy is the final step in the pharmaceutical distribution process that is in place to keep customers safe. In the fight against the opioid epidemic, DEA will continue to be relentless in holding those accountable who violate our drug laws and place our communities in danger whether they are a criminal cartel or large pharmacy chain.”

“Pharmacies and pharmacists are critical partners to ensure controlled substances are dispensed lawfully and safely to the public,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding individuals and entities that dispense these controlled substances improperly and without legitimate medical purpose accountable.”

“Protecting TRICARE, the healthcare system for military members and their dependents, is a top priority for the Department of Defense Office of Inspector General Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s filing demonstrates DCIS’ ongoing commitment to partner with the Department of Justice and our law enforcement partners to investigate health care providers that submit false claims to TRICARE and put its beneficiaries at risk.”

Whistleblower Hillary Estright, who previously worked for CVS, filed an action on Oct. 17, 2019, under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over such lawsuits, as it has done here.

The case is captioned United States ex rel. Estright v. Health Corporation, et al., No. 1:22-cv-222 (D.R.I.).

The United States’ intervention in this matter underscores the government’s commitment to combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS, at 800-HHS-TIPS (800-447-8477).

The DEA’s Office of Diversion Control, Washington, D.C. Division, HHS-OIG and DCIS investigated the case. The U.S. Attorneys’ Offices for the Southern District of California and Northern District of Ohio, DEA’s Office of Chief Counsel, Office of Personnel Management, Department of Labor Office of Inspector General, U.S. Postal Service Office of Inspector General and FBI provided substantial assistance in the investigation.

Assistant Directors Amy L. DeLine and C.B. Buente, Senior Litigation Counsel Donald Lorenzen and Trial Attorneys Benjamin Cornfeld and Amanda K. Kelly of the Civil Division’s Consumer Protection Branch; Trial Attorneys Claire L. Norsetter, Joshua Barron and Megan F. Engel of the Civil Division’s Commercial Litigation Branch, Fraud Section; First Assistant U.S. Attorney Sara M. Bloom and Assistant U.S. Attorneys Kevin Love Hubbard and Rachna Vyas for the District of Rhode Island; Assistant U.S. Attorneys Clare Wuerker and John Beerbower for the Eastern District of Virginia; Assistant U.S. Attorneys Sydney Spector and Tracy Weinstein for the District of Hawaii; and Assistant U.S. Attorneys James Gillingham and Adrian Garcia for the Eastern District of Texas are litigating the enforcement action.

The claims asserted against the defendants are allegations only. There has been no determination of liability.

View the complaint here. 

View Attachment 1 here.

View Attachment 2 here.