Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Chen Jinping, 60, of New York, New York, pleaded guilty today to conspiring to act as an illegal agent of the government of the People’s Republic of China (PRC), in connection with opening and operating an undeclared overseas police station, located in lower Manhattan, for the PRC’s Ministry of Public Security (MPS).

“Today’s guilty plea holds the defendant accountable for his brazen efforts to operate an undeclared overseas police station on behalf of the PRC’s national police force — a clear affront to American sovereignty and danger to our community that will not be tolerated,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Department of Justice will continue to pursue anyone who attempts to aid the PRC’s efforts to extend their repressive reach into the United States.”

“Today’s acknowledgment of guilt is a stark reminder of the insidious efforts taken by the PRC government to threaten, harass, and intimidate those who speak against their Communist Party,” said Executive Assistant Director Robert Wells of the FBI’s National Security Branch. “These blatant violations will not be tolerated on U.S. soil. The FBI remains committed to preserving the rights and freedoms of all people in our country and will defend against transnational repression at every front.”

“A priority of my office has been to counteract the malign activities of foreign governments that violate our nation’s sovereignty by targeting local diaspora communities in the United States,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Today, a participant in a transnational repression scheme who worked to establish a secret police station in the middle of New York City on behalf of the national police force of the People’s Republic of China has pleaded guilty to conspiracy to act as an illegal agent. We will continue our efforts to protect the rights of vulnerable persons who come to this country to escape the repressive activities of authoritarian regimes.”

As alleged, Chen Jinping and co-defendant “Harry” Lu Jianwang conspired to act as illegal agents of the PRC government and also obstructed justice by destroying evidence of their communications with an MPS official. While acting under the direction and control of the MPS official, the defendants worked together to establish the first known overseas police station in the United States on behalf of the Fuzhou branch of the MPS. The police station — which closed in the fall of 2022 — occupied an entire floor in an office building in Manhattan’s Chinatown. Lu and Chen helped open and operate the clandestine police station. None of the participants in the scheme informed the U.S. government that they were helping the PRC government surreptitiously open and operate an undeclared MPS police station on U.S. soil.

In October 2022, the FBI conducted a judicially authorized search of the illegal police station. In connection with the search, FBI agents interviewed both defendants and seized their phones. In reviewing the contents of these phones, FBI agents observed that communications between the defendants and an MPS official appeared to have been deleted. In subsequent consensual interviews, the defendants admitted to the FBI that they had deleted their communications with the MPS official after learning about the ongoing FBI investigation, thus preventing the FBI from learning the full extent of the MPS’s directions for the overseas police station.

Chen faces a maximum penalty of five years in prison. Per Chen’s plea agreement, the government has agreed to dismiss the obstruction of justice charge against him. Lu has pleaded not guilty to both of the charges against him and is awaiting trial.

The FBI is investigating the case.

Assistant U.S. Attorneys Alexander A. Solomon and Antoinette N. Rangel for the Eastern District of New York and Trial Attorney Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States. If you believe that you are or have been a victim of transnational repression, please visit www.fbi.gov/investigate/counterintelligence/transnational-repression.

Source: United States Department of Justice Criminal Division

Louisiana-based company Power Performance Enterprises Inc. (PPEI) and its president and owner, Kory B. Willis, were sentenced yesterday in federal court in Sacramento, California, for violating and conspiring to violate the Clean Air Act by tampering with the monitoring devices of emissions control systems of diesel trucks.

U.S. District Court Judge John A. Mendez for the Eastern District of California sentenced Willis to serve 10 months of home confinement as part of a three-year term of probation and ordered Willis and PPEI to jointly pay $1.55 million in criminal fines. PPEI was ordered to complete a five-year term of probation. Willis and PPEI pleaded guilty in March 2022. In total, Willis and PPEI have been ordered to pay $3.1 million in criminal fines and civil penalties related to Clean Air Act enforcement.

“The software that Mr. Willis and PPEI manufactured and sold reversed the effects of emissions control requirements for vehicles driven on our country’s roads, posing unacceptable risk to the health of our citizens,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This sentencing shows that we will take strong action to enforce the Clean Air Act and ensure that mandated emissions controls remain operating on vehicles to protect public health and the environment.”

“Environmental laws that control diesel pollution safeguard the environment and the health of the public, and are especially important to protect sensitive populations such as the young, the elderly, and people who suffer from respiratory conditions,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Those who would sell illegal defeat devices should stand warned: the U.S. Attorney’s Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”

“For decades, EPA has prioritized efforts to halt the illegal sale of aftermarket defeat devices, which cause dangerous air pollution from trucks and cars,” said Assistant Administrator David M. Uhlmann of Environmental Protection Agency (EPA)’s Office of Enforcement and Compliance Assurance. “Today’s criminal sentencing punishes the defendants for their deliberate attempts to evade the requirements of the Clean Air Act and follows an earlier 2022 civil enforcement action addressing their misconduct. EPA will continue to leverage all of its enforcement tools and authorities to stop illegal behavior that puts our communities at risk.”

According to court documents, from PPEI’s incorporation in 2009 until 2019, PPEI and Willis were among the nation’s most prominent developers of custom software known as “tunes,” and in particular, “delete tunes.” Generally, tunes can alter a diesel truck’s fuel delivery, power parameters and emissions. Delete tunes allow vehicles to remove or disable emissions controls, while appearing to run normally, resulting in vastly increased emissions of air pollution. PPEI and Willis were well known for their custom delete tunes.

Willis and PPEI reached the top of the illegal delete tuning market, tuning over 175,000 vehicles according to Willis. Willis also stated that PPEI was the biggest custom tuning company in the world, servicing over 100,000 customers and tuning more than 500 vehicles a week. According to internal PPEI records, PPEI typically sold well over $1 million dollars of product per month. According to calculations by the EPA, the estimated emissions impact of PPEI’s sales of delete tunes between 2013 and 2018 alone are expected to cause over 100 million excess pounds of nitrogen oxides (NOx) emissions over the life of the diesel trucks equipped with those products.  

Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck, which has had all emissions equipment removed or disabled, EPA testing quantified the increased emissions as follows: NOx increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than half a million diesel pickup trucks in the United States — approximately 15% of U.S. diesel trucks that were originally certified with emissions controls — have been illegally deleted.

Diesel emissions include multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study indicated that 21,000 American deaths annually are attributable to diesel particulate matter. Exposure to polluted air in utero has also been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, brain/memory disorders and asthma.

Stopping aftermarket defeat devices for vehicles and engines is a top priority for EPA. Visit EPA’s website to learn more about its efforts to stop the sale of illegal defeat devices.

EPA’s Criminal Investigation Division investigated the case.

Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Katherine T. Lydon for the Eastern District of California and are prosecuting the criminal case.

Source: United States Department of Justice

Note: View the indictment here.

A grand jury in the District of Columbia returned an indictment yesterday charging David Rivera, 59, of Miami, with a scheme to violate the Foreign Agents Registration Act (FARA) and to launder funds to conceal and promote his criminal conduct.

As alleged in the indictment, from in or about June 2019 through in or about April 2020, Rivera carried out a scheme to provide consulting and lobbying services to sanctioned Venezuelan businessman Raul Gorrín, who was added to the Specially Designated Nationals and Blocked Persons List (SDN List) on Jan. 8, 2019, by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

On Gorrín’s behalf, Rivera sought to lobby U.S. government officials, including a senior official in the Executive Branch of the U.S. government (Government Official-1), to have Gorrín removed from the SDN List. Rivera received over $5.5 million for these activities and willfully failed to register under FARA, as required by law.

To conceal and promote his criminal activities, Rivera created fraudulent shell companies using names associated with a law firm and with Government Official-1 to give the false appearance that the shell companies were legitimate. In reality, these entities were not affiliated with the law firm or Government Official-1, and neither the law firm nor Government Official-1 were aware that Rivera had created shell companies in their names. Rivera used the money he received from his criminal activities to pay individuals who assisted him in his efforts to lobby senior government officials on Gorrín’s behalf, including by making payments through one of the shell companies.

The FBI Miami Field Office is investigating the case.

Trial Attorneys Sean O’Dowd and Monica Svetoslavov of the National Security Division’s Counterintelligence and Export Control 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

A Michigan man pleaded guilty today to one count of committing a hate crime by attempting to carry out a mass killing.

According to court documents, Mack Davis, 22, of Owosso, admitted that he attempted to conduct a mass killing of individuals at a political party headquarters and a nearby bar in the Eastern District of Michigan because he associated both locations with gay people.

“This defendant amassed an arsenal of firearms, rounds of ammunition and bombmaking parts that he intended to use to carry out the mass killing of gay people. This kind of vile and heinous hate-fueled violence, intended to target innocent people based on their sexual orientation, runs contrary to our values as Americans,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Bias-motivated crimes targeting the LGBTQI+ community will not be tolerated.  The Justice Department will continue using every tool at our disposal to protect communities from the scourge of hate-fueled violence by prosecuting those who carry out or attempt to carry out such crimes.”

“Davis’ plans were chilling. He intended to commit mass shootings at two locations — destroying countless lives and devastating our community — all because of his fanatical hatred for gay people,” said U.S. Attorney Dawn N. Ison for the Eastern  District of Michigan. “I applaud the work of law enforcement in disrupting this awful plot and arresting Davis before he could carry out his planned attacks. Today’s guilty plea is a reflection of my office’s commitment to prosecuting bias crimes and is a critical step in holding this defendant accountable for his actions.”

“Mack Davis’ guilty plea to a federal hate crime highlights the unwavering dedication of law enforcement to uphold the safety and security of every community in Michigan,” said Special Agent in Charge Cheyvoryea Gibson of FBI Detroit Field Office. “This case serves as a stark reminder that there is no tolerance for hate-fueled violence. Davis confessed to devising a plan motivated by his deep-seated hatred, targeting innocent individuals associated with the LGBTQIA+ community. The FBI’s Detroit Field Office, Flint Resident Agency, in collaboration with the Owosso Police Department, the Bureau of Alcohol, Tobacco and Firearms (ATF), and the Michigan State Police, acted swiftly to prevent this malicious scheme from being carried out. Our collective action disrupted a serious threat and reaffirmed our commitment to protecting vulnerable communities from harm. Michigan law enforcement remains committed to ensuring all individuals live free from fear of violence or discrimination. We are dedicated to combating hate, protecting the safety and well-being of Michigan residents, and fostering a safe environment where everyone, regardless of identity, can thrive in peace.”

According to court documents, from at least July 2023 through June 2024, Davis accessed search engines and social media sites to research, post about, and pay tribute to mass killers, and wrote about dozens of mass killers in journals and on other items in his home.  During that period, Davis also began to plot his own mass killing, by, among other things, drafting lists of weapons and tactical gear he owned and intended to acquire for use in his mass killing. By June, Davis had crossed off every item on the list of weapons and tactical gear he intended to acquire, and had amassed an arsenal that included two firearms, magazines, hundreds of rounds of ammunition, a crossbow and arrows, assorted bomb-making parts, smoke grenades, tactical gear and clothing and several knives. Davis inscribed one of the knives with the anti-gay slur, “FAGGOT Killer.”

From April through June, Davis solidified his plan to commit the mass killing. Among other acts, Davis posted on a social media site that he intended to commit a mass killing at a political party headquarters, which Davis referred to as “Location 1,” that Davis wrote was “filled with far-left liberal, faggot scum.” Davis wrote that he would continue the mass killing at “Location 2,” a nearby bar that Davis wrote was “a faggot bar.” Davis researched both locations online, conducted physical surveillance of both locations and posted about his research and surveillance on the social media site. During that period, Davis also vandalized two cars that belonged to his neighbors, whom he knew to be gay, by spray-painting the word “fag” on one of the cars. Days later, Davis also test-fired one of his firearms, an illegal short-barreled rifle, by firing approximately 60 bullets into several of his neighbors’ properties, including one of the cars that he had previously vandalized.

The Owosso Police Department arrested Davis for that shooting. Davis was later transferred to federal custody, where he has remained since.   

A sentencing hearing will be scheduled for a later date. Because Davis’s hate crime involved an attempt to kill, he faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Detroit Field Office investigated the case, with assistance the from the Owosso Police Department, ATF and Michigan State Police.

Assistant U.S. Attorneys Frances Lee Carlson and Christopher W. Rawsthorne for the Eastern District of Michigan and Trial Attorney Erin Monju of the Civil Rights Division’s Criminal Section are prosecuting the case.

Source: United States Department of Justice

A former Alabama sergeant was sentenced today to 16 months in prison and two years of supervised release for assaulting an arrestee.

Ryan Phillips, 42, a former sergeant with the Daleville, Alabama, Police Department (DPD), previously pleaded guilty to one count of depriving an arrestee of his civil rights.

During his plea, Phillips admitted that, in March 2022, after a verbal dispute, he willfully used unreasonable force against an arrestee after he removed his badge and firearm, entered the victim’s jail cell and struck the victim in the upper body and face multiple times. Phillips further admitted that he had no legitimate law enforcement purpose for engaging in this conduct, and the victim suffered bodily injury including multiple lacerations and bruises to the face and chest.

“People being held under arrest have the right to be treated humanely and not to be violently assaulted behind bars,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant disregarded his oath to protect and serve his community, abused his power and violated the victim’s civil rights when he entered that jail cell and repeatedly hit the victim. This sentence should serve as a reminder to all law enforcement that a badge is not a license to answer verbal insults with physical violence and excessive force. The Justice Department will hold accountable officials who violate arrestee’s civil rights.”

“Phillips’ assault not only violated the victim’s constitutional rights, his crime also dishonored his profession,” said Acting U.S. Attorney Kevin Davidson for the Middle District of Alabama. “The purpose of this prosecution is not merely to punish Phillips for losing his composure and unlawfully beating an arrestee, this prosecution is also intended to protect the reputation of every honest and hardworking law enforcement officer risking his or her life every day.”

“Law enforcement officers are entrusted to safeguard everyone’s civil rights,” said Special Agent in Charge Paul Brown of the FBI Montgomery Field Office. “In this case, that trust was broken, and the officer egregiously violated an individual’s civil rights. It will remain a top priority for the FBI to ensure anyone violating someone’s civil rights is held accountable, especially those within law enforcement.”

The FBI Montgomery Field Office, Montogomery Resident Agency investigated the case.

Trial Attorney MarLa Duncan of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Eric Counts for the Middle District of Alabama are prosecuting the case.