Category: US Department of Justice

Source: United States Department of Justice Criminal Division

WASHINGTON – The Justice Department today announced the filing of a consent decree settling a Voting Rights Act lawsuit against the town of Lake Park, Fla., that, subject to court approval, will alter the method of electing the town commission. The town will discontinue use of its current at-large method of electing the commissioners. Lake Park will use a limited voting plan beginning with the March 2010 elections.

The lawsuit, filed on March 31, 2009, in federal court in Miami, challenged the at-large method of electing the Lake Park Town Commission on the ground that it dilutes the voting strength of African-American citizens in violation of Section 2 of the Voting Rights Act. Although African-Americans comprise over 38 percent of the town’s total citizen voting-age population, black voters usually have been unsuccessful in electing their candidate of choice and no black candidate for the commission has ever won an election since Lake Park was incorporated in 1923.

“All Americans cherish the right to have our voices heard in the voting booth, and the Voting Rights Act continues to be a vital tool allowing us to protect that right,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are pleased that the Lake Park Town Commission has agreed to adopt a voting plan that will provide African-American citizens with the opportunity to elect commissioners of their choice.”

U.S. Attorney Jeffrey H. Sloman for the Southern District of Florida stated, “In the consent decree, the town of Lake Park conceded that there is a factual and legal basis for concluding that the current at-large method of electing the town’s commissioners results in an unfair dilution of the African-American vote. Today’s consent decree is a first step to remedying that situation and providing equal access to the political process.”

Racially polarized voting patterns prevail in Lake Park elections. The department was prepared to prove through an analysis of statistical and non-statistical evidence, including past town election returns and voting patterns, that the African-American population of Lake Park is politically cohesive and that white persons usually vote sufficiently as a bloc to defeat the preferred candidate of African-American voters.

In the consent decree, the town conceded that there is a basis in both fact and law for believing that the current at-large method of electing commissioners, under all the circumstances, results in African-Americans having less opportunity to participate in the town’s political process and to elect representatives of their choice.

Under the limited voting plan systems, all four commission seats will be up for election and voters will be limited to casting a vote for only one candidate. The four candidates receiving the highest number of votes will be elected to the Lake Park Town Commission for a three-year term. The limited voting plan is in effect permanently, unless changed by the terms in the agreement and in compliance with Section 2 of the Voting Rights Act.

Complaints about discriminatory voting practices may be reported to the Justice Department at 1-800-253-3931. More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice Web site at http://www.usdoj.gov/crt/voting.

Source: United States Department of Justice Criminal Division

WASHINGTON – Erin Sharma, a former corrections officer with the Federal Bureau of Prisons, was sentenced today in federal court in Orlando, Fla., on federal civil rights charges related to the fatal assault of an inmate, announced Assistant Attorney General Thomas E. Perez of the Civil Rights Division and U.S. Attorney A. Brian Albritton of the Middle District of Florida. Sharma was sentenced to serve a term of life in prison, three years of post-release supervision and 75 hours of community service.

On July 29, 2009, a federal jury in Orlando found Sharma guilty of two felony federal civil rights charges related to the fatal assault of federal inmate Richard Delano in March 2005. The evidence at trial showed that on Feb. 28, 2005, Sharma and a co-conspirator agreed to move Delano into the cell of another inmate at the Coleman Federal Correctional Complex in Coleman, Fla. The evidence also showed that Sharma and the co-conspirator knew that the other inmate was likely to assault Delano and that this move was in retaliation for a prior altercation between Delano and Sharma. Sharma also encouraged the inmate to assault Delano. The co-conspirator moved Delano into the inmate’s cell on March 1, 2005, and the inmate assaulted Delano three days later, on March 4. On March 17, 2005, Delano died from the injuries he suffered during that assault.

“The brave work of our nation’s law enforcement officers must be guided by adherence to the laws they are sworn to uphold, and the overwhelming majority of officers abide by that principle,” said Assistant Attorney General Perez. “When law enforcement officers betray the great trust placed in them by abusing the individuals in their custody, the Justice Department will vigorously investigate, prosecute and seek appropriate punishment for those actions.”

“Nothing justifies or excuses the defendant’s outrageous conduct in this case,” said U.S. Attorney A. Brian Albritton. “When correction officers make the corrupt choice to act as judge, jury and executioner, the United States will prosecute such actions aggressively, just as it did here.”

The case was prosecuted by Assistant U.S. Attorneys Bruce Ambrose and Carolyn Adams from the U.S. Attorney’s Office, and Senior Litigation Counsel Gerard Hogan and Trial Attorney Douglas Kern from the Civil Rights Division. FBI Special Agent Jim Raby was the lead investigator on the case

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, including those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement or other government officials.

Source: United States Department of Justice Criminal Division

WASHINGTON – Attorney General Eric Holder today announced the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). The new appointees include: U.S. Attorney for the Southern District of New York Preet Bharara; U.S. Attorney for the District of Arizona Dennis Burke; U.S. Attorney for the Western District of Washington Jenny Durkan; U.S. Attorney for the District of New Jersey Paul J. Fishman; U.S. Attorney for the Northern District of Illinois Patrick J. Fitzgerald; U.S. Attorney for the Eastern District of Virginia Neil H. MacBride; U.S. Attorney for the District of Rhode Island Peter F. Neronha; U.S. Attorney for the Northern District of Alabama Joyce White Vance; and Acting U.S. Attorney, ex officio, for the District of Columbia Channing D. Phillips. John S. Davis, Criminal Chief for the Eastern District of Virginia, was also appointed to the committee to represent the voice of the Assistant U.S. Attorneys in the field.

“This is a critical and exciting time for the Department of Justice and I will rely heavily on these U.S. Attorneys as we work to further the Department’s efforts to reduce violent crime and gang violence, promote civil rights, ensure fairness in the marketplace and above all, preserve our national security,” said Attorney General Holder.

The AGAC, chaired by U.S. Attorney for the District of Minnesota B. Todd Jones, was created in 1973. The committee, which reports to the Attorney General through the Deputy Attorney General, represents the voice of the U.S. Attorneys and provides advice and counsel to the Attorney General on policy, management and operational issues impacting the Offices of the U.S. Attorneys.

“This committee provides crucial advice to the Department’s leadership in helping shape key policies to accomplish our core mission of serving justice, and these distinguished U.S. Attorneys bring the experience, dedication and drive necessary to successfully serve this important role,” said Deputy Attorney General David W. Ogden.

A brief bio on each nominee is below:

Preet Bharara was presidentially appointed U.S. Attorney for the Southern District of New York on Aug. 13, 2009. Bharara previously served as Chief Counsel to U.S. Senator Charles E. Schumer (2005-2009); Adjunct Professor at Fordham University School of Law (2003-2005); Assistant U.S. Attorney for the Southern District of New York (2000-2005); litigation associate with Shereff, Friedman, Hoffman & Goodman LLP (1996-2000); and litigation associate with Gibson, Dunn & Crutcher LLP (1993-1996).

Dennis Burke was presidentially appointed U.S. Attorney for the District of Arizona on Sept. 16, 2009. Prior to his appointment, Burke served as Senior Advisor to the Secretary for Homeland Security (2009) and as a member of the Obama/Biden Transition Team (2008-2009). Burke served as Chief of Staff for the Governor of Arizona (2003-2008); Chief Deputy/Special Assistant for the Arizona State Attorney General (1999-2003); Acting Assistant Attorney General, Office of Legislative Affairs, Department of Justice (1999); Assistant U.S. Attorney for the District of Arizona (1997-1999); Senior Policy Analyst, Domestic Policy Council, The White House (1995-1997); Special Counsel, Office of Legislative Affairs, Department of Justice (1994-1995); and Majority Counsel for the U.S. Senate Judiciary Committee, Subcommittee on Patents, Copyrights and Trademarks (1989-1994).

Jenny Durkan was presidentially appointed U.S. Attorney for the Western District of Washington on Oct. 1, 2009. Durkan previously served as solo practitioner for the law offices of Jenny Durkan (1997-2009); Executive Counsel for the Office of the Governor, Washington State (1994 -1995); associate attorney (1991-1994) and shareholder (1996-1997), Schroeter, Goldmark and Bender; associate attorney, Williams and Connolly (1987-1991); and associate attorney, Foster, Pepper & Riviera (1985-1987).

Paul J. Fishman was presidentially appointed U.S. Attorney for the District of New Jersey on Oct. 14, 2009. Prior to his appointment he served as partner with Friedman, Kaplan, Seiler & Adelman LLP (1997-2009). Fishman served in the Office of the Deputy Attorney General, Department of Justice, as Principal Associate Deputy Attorney General (1997), Associate Deputy Attorney General (1995-1997) and Counsel (1994). Fishman also served as Assistant U.S. Attorney for the District of New Jersey (1983-1994).

Patrick J. Fitzgerald was presidentially appointed U.S. Attorney for the Northern District of Illinois in October 2001, and was Attorney General appointed in August-October 2001. Fitzgerald was a member of the AGAC in 2001-2004 and 2008-2009, serving as interim chair in 2009. Prior to his appointment as U.S. Attorney, Fitzgerald served in the U.S. Attorney’s Office in the Southern District of New York as Chief of the Organized Crime-Terrorism Unit (1995-2001), Chief of the Narcotics Unit (1994), and Assistant U.S. Attorney (1988-1994). Prior to joining the U.S. Attorney’s Office, Fitzgerald was a litigation associate with Christy & Viener, New York, N.Y. (1985-1988).

Neil H. MacBride was presidentially appointed U.S. Attorney for the Eastern District of Virginia on Sept. 18, 2009. McBride previously served as Associate Deputy Attorney General, Department of Justice (2009); General Counsel and Vice President, Anti-Piracy for Business Software Alliance (2005-2009); Chief Counsel and Staff Director for Senator Joseph R. Biden, Jr., U.S. Senate, Committee on the Judiciary (2001-2005); Assistant U.S. Attorney for the District of Columbia (1997-2001); and associate with Verner, Liipfert, Bernhard, McPherson & Hand, Chartered (1993-1997).

Peter F. Neronha was presidentially appointed U.S. Attorney for the District of Rhode Island on September 16, 2009. He previously served as Assistant U.S. Attorney for the District of Rhode Island (2002-2009); Assistant Attorney General (2001-2002) and Special Assistant Attorney General (1996-2001) for the Department of the Attorney General, state of Rhode Island; and Associate with Goodwin Proctor LLP (1989-1995).

Joyce White Vance was presidentially appointed U.S. Attorney for the Northern District of Alabama on Aug. 27, 2009, and was Attorney General appointed in June 2009-August 2009. Vance served as Assistant U.S. Attorney and Appellate Division Chief for the Northern District of Ala. (1991-2009); associate with Bradley, Arant, Rose & White, Birmingham, Ala. (1988-1991); summer associate with McDermott, Will & Emery, Washington, DC (1988); and associate with Arant, ox Kitner, Plotkin & Kahn, Washington, DC (1984-1988).

Channing D. Phillips was appointed Acting U.S. Attorney for the District of Columbia on May 30, 2009. Phillips previously served in the U.S. Attorney’s Office for the District of Columbia as Principal Assistant U.S. Attorney (2004-2009), Chief of Staff (2001-2004), Special Counsel (1997-2001) and Assistant U.S. Attorney (1994-1997). Phillips was a trial attorney with the Organized Crime and Racketeering Section, Department of Justice (1990-1994).

Source: United States Department of Justice Criminal Division

A federal grand jury in Lafayette, Louisiana, returned an indictment today charging a former Louisiana Assistant District Attorney with conspiracy to commit bribery, bribery, using his cell phone in furtherance of bribery, conspiracy to commit money laundering, and obstruction of justice.

According to court documents, Gary Haynes, 66, of Lafayette, conspired with Dusty Guidry, Leonard Franques, and others to solicit bribes and kickbacks and to accept things of value while Haynes was an Assistant District Attorney in the 15th Judicial District Attorney’s Office (the D.A.’s Office). According to the indictment, Haynes oversaw the D.A.’s Office’s Pretrial Intervention (PTI) program – a program that offered an alternative to criminal prosecution for certain criminal offenders. Haynes approved defendants to participate in the program and then directed them to take classes from Franques’ companies. Those defendants paid money to take classes through Franques’ companies to complete the program and obtain dismissal of the criminal charges against them from Haynes. Haynes, Guidry, and Franques agreed that Haynes would receive kickbacks in exchange for accepting people into the PTI program, directing those people to Franques’ companies, and then dismissing the charges against the people who enrolled in and paid for the courses that Franques’ companies provided.

Further, according to the charges in the indictment, Haynes and his co-conspirators discussed several ways to conceal the nature of the money that Haynes would receive from the kickback scheme, including having Haynes reactivate a defunct company during the conspiracy to hide the proceeds from the kickbacks. Finally, Haynes directed a coconspirator to alter, destroy, and conceal documents and records to prevent their availability in a future proceeding.

Haynes is charged with conspiracy to commit bribery concerning programs receiving federal funds, bribery concerning programs receiving federal funds, two counts of using his cell phone in aid of bribery, conspiracy to commit money laundering, and obstruction of justice. If convicted, he faces a maximum penalty of 65 years in prison.

Franques pleaded guilty on Jan. 12 to one count of conspiracy to commit bribery concerning programs receiving federal funds. Guidry pleaded guilty on March 23, 2023, to two counts of conspiracy to commit bribery concerning programs receiving federal funds and one count of bribery concerning programs receiving federal funds. Both Guidry and Franques are scheduled to be sentenced on Oct. 24.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, and U.S. Attorney Brandon Bonaparte Brown for the Western District of Louisiana made the announcement.

The FBI New Orleans Field Office and IRS Criminal Investigation are investigating the case.

Trial Attorneys Steven Loew and Trevor Wilmot of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys John Luke Walker and John Nickel for the Western District of Louisiana 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

A former U.S. government employee was sentenced today to 30 years in prison for drugging and sexually abusing numerous women in multiple countries, including photographing and video recording more than two dozen nude and partially nude women without their consent while they were unconscious or incapable of consenting.

According to court documents, Brian Jeffrey Raymond, 48, of La Mesa, California, was employed by the U.S. government. His last assignment was in Mexico City. There, he drugged and sexually assaulted several women in his U.S. government-leased housing. Additionally, between 2006 and 2020, in Mexico City and elsewhere, Raymond drugged and then photographed or video recorded 28 victims while they were nude or partially nude, and also admitted to drugging two others. Many of the recordings show Raymond touching and manipulating the victims’ bodies while they were unconscious and incapable of consent. Raymond deleted or attempted to delete explicit photographs and videos depicting the victims after learning about the criminal investigation. 

“Brian Raymond sexually exploited dozens of women over the course of 14 years, including while he served abroad as a U.S. government employee,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today’s sentence underscores the Criminal Division’s commitment to prosecuting sexual abuse in violation of federal law — no matter where those violations occur or who commits them. We are grateful for the valuable partnership we have with the Mexican government and will continue to work with our domestic and international partners to pursue justice for victims of sexual exploitation.”

“When this predator was a government employee, he lured unsuspecting women to his government-leased housing and drugged them,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “After drugging these women, he stripped, sexually abused, and photographed them. Today’s sentence ensures that the defendant will be properly marked as a sex offender for life, and he will spend a substantial portion of the rest of his life behind bars.”

“This case demonstrates the strong commitment of the Diplomatic Security Service to work with our law enforcement partners here and abroad to investigate public servants in positions of trust who commit sexual assault anywhere in the world,” said Director Carlos F. Matus of the Department of State’s Diplomatic Security Service (DSS). “It is a good example of how DSS’s global presence enables our agency to serve as a bridge between U.S. and foreign law enforcement counterparts to assist in bringing those who commit such heinous crimes to justice.” 

“For 14 years, Raymond exploited his trusted position as a U.S. government representative to lure women into his confidence,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “He then drugged and sexually assaulted them and took explicit photos and videos of them without their consent. The FBI thanks the brave women who shared information that furthered this investigation. We recognize our domestic and foreign law enforcement partners who helped bring Raymond to justice for his reprehensible crimes.”

In November 2023, Raymond pleaded guilty to one count of sexual abuse, one count of abusive sexual contact, one count of coercion and enticement, and one count of transporting obscene material. As part of the plea agreement, Raymond admitted to drugging and then engaging in nonconsensual sexual acts with four women and nonconsensual sexual contact with six women. Raymond further admitted to drugging and then creating obscene material depicting 28 women without their knowledge or permission, and drugging another two women.

Raymond was ordered to serve a lifetime of supervised release and to pay $260,000 in restitution to the victims. After his release from prison, Raymond will be required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA).

The DSS Office of Special Investigations, the DSS Computer Investigations and Forensics Division, and the FBI Washington Field Office investigated the case. The Justice Department’s Office of International Affairs and National Security Division provided valuable assistance. The FBI’s Legal Attaché office in Mexico City also provided especially valuable assistance.

The Justice Department gratefully acknowledges the government of Mexico, including the Fiscalía General de la República (FGR), the Fiscalía General de Justicia de la Ciudad de México, and the Secretaría de Relaciones Exteriores (SRE), for its extraordinary efforts, support, and cooperation during the investigation.

Trial Attorneys Angela Buckner and Katharine Wagner of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Meredith Mayer-Dempsey for the District of Columbia prosecuted the case. Trial Attorneys Clayton O’Connor and Elizabeth Nielsen and Paralegal Specialist Vanessa Douglas of HRSP; Assistant U.S. Attorneys Jonathan Hooks, Jolie Zimmerman, and Janani Iyengar for the District of Columbia; Victim Specialists Yvonne Bryant and Tonya Jones for the District of Columbia’s Victim Witness Unit; and Assistant U.S. Attorney April Russo for the Eastern District of Virginia also provided valuable assistance.