Property Management Company to Pay Nearly $75,000 to Resolve Servicemembers Civil Relief Act Claims

Source: United States Department of Justice News

The Justice Department today announced that FPI Management Inc. (FPI) has agreed to pay $74,087 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful charges on nine servicemembers who were exercising their right to terminate their apartment leases after receiving military orders to relocate.

“The right for servicemembers to terminate leases without penalty when military orders send them elsewhere is a critical protection for people who already sacrifice so much,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws to ensure that paying rent for housing they no longer need is not another sacrifice servicemembers must bear.”

“The SCRA protects servicemembers who have answered our country’s call to serve,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “The U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to vindicate those rights, to allow our servicemembers to focus on their duty and relieve stress on them and their families.”

The SCRA extends various protections to servicemembers to allow them to devote their entire energy to the national defense. The SCRA provides protections for servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, interest rates, foreclosures and automobile leases. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment or retirement. Landlords are prohibited from imposing an early termination charge on servicemembers who terminate their leases under the SCRA.

The department launched an investigation into FPI’s leasing practices after receiving a referral from Coast Guard Legal Assistance about two instances where FPI attempted to require servicemembers who were terminating their leases early under the SCRA to repay discounts they had received when they signed the lease. In one case, FPI required Coast Guard Petty Officer First Class Aaron Gomez and his wife to repay $8,590 in lease concessions after they terminated their lease at an apartment building in Oakland, California, near Coast Guard Island Alameda. In the other case, FPI told Coast Guard Petty Officer First Class William Fuchs that he would have to repay $7,838 in lease incentives after he terminated his lease at the same apartment building. Fuchs had just received military orders to relocate Charleston, South Carolina.

In a complaint filed in the U.S. District Court for the Eastern District of California, the department alleges that FPI unlawfully imposed early termination charges on a total of nine servicemembers who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.

Under the consent order, which still must be approved by the court, FPI has agreed to pay a total of $51,587 to the servicemembers and a $22,500 civil penalty to the United States. The order also requires FPI to repair the servicemembers’ tenant database entries, implement new policies and procedures that comply with the SCRA and training its employees on the SCRA.

Since 2011, the Justice Department has been awarded over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.

Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil.

Six More Arrested in Fentanyl Distribution Conspiracy Spanning From California to D.C.

Source: United States Department of Justice News

            WASHINGTON – Federal law enforcement arrested six more members of a fentanyl drug distribution, responsible for bringing thousands of fake blue Oxycodone (M30) pills, containing fentanyl, from California to D.C., announced U.S. Attorney Matthew M. Graves, DEA Special Agent in Charge Jarod Forget, of the Washington Division, United States Postal Inspection Service Inspector in Charge Damon Wood, of the Washington Division, and Interim Chief Ashan Benedict, of the Metropolitan Police Department.

            Teron Deandre McNeil, Marvin Anthony Bussie, a/k/a “Money Marr,” Marcus Orlando Brown, Thomas Columbian, a/k/a “Cruddy Murda,” Wayne Rodell Carr-Maiden, and Andre Malik Edmond are named in an indictment – along with previously apprehended co-defendants Hector David Valdez, Charles Jeffrey Taylor, Max Alexander Carias Torres, Raymond Nava, Jr., and Craig Eastman – with conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl.

            According to the indictment, from on or about January 2021 to May 18, 2023, each of the defendants conspired together to distribute 400 grams or more of a mixture and substance containing fentanyl.

DEFENDANT NAME

AGE

RESIDENT OF

DETENTION STATUS

Teron Deandre McNeil

a/k/a “Wild Boy”

33

Washington, DC

Arrested: 06/08/2023

Detention Hearing set 06/13

Marvin Anthony Bussie, a/k/a “Money Marr”

20

Washington, DC

Arrested: 04/14/2023

Detained in unrelated case

Marcus Orlando Brown

27

Temple Hills, MD

Arrested: 05/30/2023

Detained: 06/02/2023

Thomas Columbian, a/k/a “Cruddy Murda”

25

Washington, DC

Arrested: 06/02/2023

Detained: 06/05/2023

Wayne Rodell Carr-Maiden, a/k/a “Wayne Maiden”

28

Washington, DC

Arrested: 06/01/2023

Detained: 06/06/2023

Andre Malik Edmond, a/k/a “Draco”

22

Temple Hills, MD

Arrested: 06/12/2023

Initial Appearance: pending

            The conspiracy charge carries a mandatory minimum sentence of 10 years in prison up to life. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            The investigation of this case had the sponsorship and support of the federal Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.

            The prosecutions followed a joint investigation by the DEA Washington Division and the U.S. Postal Inspector, in partnership with the Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with additional support from the DEA Los Angeles and Riverside Field Offices, the Federal Bureau of Investigation Washington Field Office and the Charles County, Maryland Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorneys David T. Henek, Matthew W. Kinskey and Andy Wang of the Violence Reduction and Trafficking Offenses (VRTO) Section.

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

Maryland Man Arrested on Felony Charges For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON — A Maryland man has been arrested on felony charges, including assaulting a law enforcement officer, for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Adam Ryan Obest, 42, of Thurmont, Maryland, is charged in a criminal complaint filed in the District of Columbia with obstructing, impeding, or interfering with a law enforcement officer during a civil disorder, assaulting an officer with a deadly or dangerous weapon, act of physical violence in a restricted building or grounds with a deadly or dangerous weapon, all felonies, and act of physical violence on Capitol grounds.

            According to court documents, at approximately 2:31 p.m., Obest is seen on Body Worn Camera (BWC) video engaging law enforcement officers while holding a flagpole on the West Plaza of the Capitol Building. Obest maintained his hold of the flagpole as a Metropolitan Police Department (MPD) Officer grabbed the end of the flagpole. Obest eventually jerked the flagpole away and ran back into the crowd of rioters. Less than a minute later, Obest raised the flagpole above his head and brought the end of it down abruptly into the line of officers. Obest then engaged directly with the MPD Officer and attempted to take the officer’s baton out of their hands before eventually retreating into the crowd.

            In Facebook posts, Obest indicated he and his wife attended the Stop the Steal rally in Washington, D.C., and were in the vicinity of the Capitol building on Jan. 6, 2021.  Obest also commented via social media on a video posted by Bill O’Reilly: “Can’t wait to hear your analysis on the protests at the Capitol today. I was there and it was 96% peaceful.”

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Maryland.

            The case is being investigated by the FBI’s Baltimore Field Office and the FBI’s Washington Field Office, which identified Obest as #422-AFO on its FBI Tip website. Valuable assistance was provided by the United States Department of Health and Human Services, U.S. Capitol Police, and the Metropolitan Police Department.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Justice Department Secures Settlement with Dayton, Ohio, Police Department to Ensure Non-Discriminatory Treatment of People with Disabilities

Source: United States Department of Justice News

The Justice Department announced today that it entered into a settlement agreement with the City of Dayton, Ohio, and the Dayton Police Department (DPD) under Title II of the Americans with Disabilities Act (ADA) to resolve allegations that DPD discriminated against a driver during a traffic stop.

The ADA requires that cities, law enforcement agencies and other public entities provide individuals with disabilities an equal opportunity to participate in their services, including policing. The ADA also requires a police department or other public entity to reasonably modify its practices when necessary to avoid discrimination.

This agreement resolves a complaint by a driver who is paraplegic and uses a wheelchair who was pulled over by DPD officers. The officers ordered him to get out of his car, but he did not have his wheelchair with him. He told the officers that he could not get out safely without his wheelchair. Over his protests, the officers ordered him out, and refused his request that they call a supervisor. The officers also did not call for assistance or equipment to enable the driver to safely exit. Instead, they pulled him out of his car onto the ground, handcuffed him and dragged him to a police car.

“No one should be subjected to discriminatory treatment during police interactions and that includes people with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Law enforcement agencies and their officers are required to make reasonable modifications to their policies and procedures when interacting with people with disabilities and failure to do so may violate federal civil rights law. The Justice Department will vigorously enforce the ADA to ensure that police officers are not discriminating against people with disabilities.”

“Ensuring that law enforcement officers understand the scope of the ADA will only positively impact their connection with the people in the communities they serve,” said U.S. Attorney Kenneth L. Parker for the Southern District of Ohio. “There are so many people with different disabilities whom officers may find themselves interacting with on even a daily basis, so having them trained in this area is imperative.”

The two-year agreement requires DPD to modify its policies to be consistent with the ADA, provide training for police about how to better interact with individuals with disabilities, and to report on its progress to the Justice Department.

This matter was handled by the Civil Rights Division’s Disability Rights Section in conjunction with the U.S. Attorney’s Office for the Southern District of Ohio.

The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.  For more information on the Civil Rights Division, please visit the ADA website at www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at www.ada.gov/complaint/.

Readout of the First SAFER Team Visit to FCI Tallahassee

Source: United States Department of Justice News

On Friday, June 9, Principal Associate Deputy Attorney General (PADAG) Marshall Miller led a Sexual Abuse Facility Enhancement and Review (SAFER) team, comprised of representatives of multiple components of the Justice Department, in a visit and review at Federal Correctional Institution (FCI) Tallahassee. This is the first in a series of SAFER visits to women’s facilities throughout the Federal Bureau of Prisons (BOP).

The Deputy Attorney General launched the SAFER team project to visit women’s facilities in each of BOP’s six regions and engage with leadership, staff, and women in custody at those facilities, as part of the Department’s ongoing efforts to root out sexual misconduct within the BOP. The SAFER team that visited FCI Tallahassee included representatives from the Office of the Deputy Attorney General, the BOP, the Office on Violence Against Women, and the Office for Access to Justice, and was joined by U.S. Attorney Jason Coody for the Northern District of Florida and representatives from the FBI.

During the visit, the team reviewed the facility’s progress implementing the recommendations of the Department’s Sexual Misconduct Working Group, including its initiatives to promote timely and effective reporting consistent with the Prison Rape Elimination Act (PREA). The team also reviewed the facility’s conditions, medical and mental health services, reentry programming, and Special Housing Unit, and spoke directly with women in custody. Following the visit, PADAG Miller and several team members visited the U.S. Attorney’s Office for the Northern District of Florida (the USAO), where they discussed the office’s work to prioritize cases involving misconduct committed by BOP personnel, including the USAO’s recent conviction of a former corrections officer at FCI Tallahassee who sexually abused a woman in his custody.