Category: US Department of Justice

Source: United States Department of Justice News

On June 9, vessel Chief Engineer Denys Korotkiy was convicted of conspiracy to obstruct justice, obstruction of justice, and failure to maintain an accurate oil record book for the vessel Donald in San Diego, California, following a five-day jury trial. Interunity Management (Deutschland) GMBH, a vessel operating company, previously pleaded guilty for maintaining false and incomplete records relating to the discharge of oily bilge water.    

The evidence showed that oily bilge water was illegally dumped from the Donald directly into the ocean through the vessel’s sewage tank without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. These illegal discharges were not recorded in the vessel’s oil record book as required by law. The evidence also showed that Korotkiy made false and fictitious entries in the oil record book claiming transfers of oily bilge had been made from the vessel’s engine room bilge wells to the vessel’s Bilge Holding Tank when, in fact, those transfers had not been made. Finally, the evidence showed that Korotkiy conspired with others to obstruct the U.S. Coast Guard’s inspection and investigation into the mishandling of oily bilge water onboard the motor vessel Donald.    

At the conclusion of the trial, the court remanded Chief Engineer Korotkiy to custody. Sentencing is scheduled for Sept. 1.

“The illegal discharge of oily bilge water at sea and the falsification and destruction of records in order to obstruct the United States’ ability to investigate those discharges are crimes we take seriously,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to work with our partner agencies to ensure polluters are held fully accountable.”   

“Unlawful oil discharges can cause immeasurable harm to the marine environment,” said U.S. Attorney Randy Grossman for the Southern District of California. “We will continue to work closely with our agency partners to safeguard our oceans by vigorous enforcement of environmental laws. This case is a reflection of that commitment.”

“This prosecution highlights the Department of Justice and the U.S. Coast Guard’s dedication in safeguarding our oceans against those that seek to deliberately harm our natural resources,” said Captain James Spitler, Sector Commander, Coast Guard Sector San Diego. “Illegal dumping of oil and falsification of oil record books are egregious violations. This guilty verdict should serve as a reminder that the Coast Guard and our partners at the Department of Justice will work tirelessly to hold accountable those that seek to deliberately discharge oil and falsify records.”

In the same matter, Interunity pleaded guilty to a felony violation of the Act to Prevent Pollution from Ships, for failing to accurately maintain the Donald’s oil record book. Under the terms of the plea agreement and subject to court approval, Interunity will pay a total monetary penalty of $1.25 million and serve a four-year term of probation, during which any vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan. The monetary penalty includes $312,500 to fund projects, activities, or initiatives intended to benefit marine and coastal natural resources located in or around the Tijuana River National Estuarine Research Reserve.

The U.S. Coast Guard Sector San Diego and the U.S. Coast Guard Investigative Service are investigating the case.

Assistant U.S. Attorney Melanie K. Pierson for the Southern District of California and Senior Trial Attorney Stephen Da Ponte of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.

Source: United States Department of Justice News

The Justice Department today announced a settlement agreement with Madison County Schools in Kentucky to resolve its investigation into complaints of serious and widespread racial harassment of Black and multi-racial students. The department opened its investigation in October 2021 under Title IV of the Civil Rights Act of 1964.

The department’s investigation uncovered numerous incidents of race-based harassment in which Black and multi-racial students were called the N-word, among other racial epithets, and subjected to other derogatory racial comments by their peers. The school district did not consistently or reasonably address the harassment, which included racial taunts and intimidation, and was at times reinforced by use of Confederate flags and imagery. When the district did respond, it often failed to follow its own racial harassment policies and its actions were ineffective in addressing the broader hostile environment. This inaction deprived Black and multi-racial students of equal access to the district’s educational opportunities and led them to conclude that the district either condoned the behavior or would not take any action to help them.

“No student should be subject to racial harassment, including racist taunts with the Confederate flag that are clearly intended to surface some of the harshest and most brutal periods of our country’s history. Racial harassment inflicts grievous harm on young people and violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will create the institutional changes needed to keep Black and multi-racial students safe and to provide them with a supportive educational environment. We look forward to Madison County Schools demonstrating to its students and school community that it will no longer tolerate racial discrimination in its schools.”

“The principles underpinning this investigation and settlement are straightforward,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “All young people are entitled to seek their educational opportunities without facing racial harassment and abuse, and schools simply must adequately protect those entrusted to their care and instruction from that offensive, harmful behavior. With this settlement, Madison County Schools are now taking an important step consistent with those basic principles.”

The department’s investigation also raised concerns about racially disproportionate discipline for Black students at some district schools and inadequate systems for recordkeeping and analysis of discipline data. Under the agreement, Madison County Schools will undertake significant institutional reforms, including:

• Retaining a consultant to review and revise anti-discrimination policies and procedures and support the school district in implementing the agreement;
• Creating three new central office positions to oversee effective handling of complaints of race discrimination;
• Updating its racial harassment and discipline policies to more accurately track and consistently respond to complaints of race-based harassment;
• Training staff on how to identify, investigate and respond to complaints of racial harassment and discriminatory discipline practices;
• Informing students and parents of how to report harassment and discrimination;
• Updating its centralized, electronic reporting system to track and manage complaints and the district’s response to complaints;
• Implementing focus groups, surveys, training and educational events on identifying and preventing race discrimination, including discriminatory harassment; and
• Analyzing and reviewing discipline data and amend policies to ensure non-discriminatory enforcement of discipline policies.

Protecting public school students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. In March 2023, for example, the division secured a settlement to address harassment based on students’ race, sex, sexual orientation and sex stereotypes in the Twin Valley School District in Vermont. In October 2021, the division reached a settlement with the Davis School District in Utah to remedy harassment of Black and Asian American students. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section 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/.

Source: United States Department of Justice News

On Thursday, June 8 and Friday, June 9, Associate Attorney General Vanita Gupta traveled to Chicago. During her visit, she met with community members and local leaders to hear about critical issues in the Chicago area and discuss the department’s efforts to fight gun violence and violent crime through thoughtful work on policing, a focus on building trust between police and the communities they serve, and empowering communities to be co-producers of public safety. She was joined throughout the trip by Assistant Attorney General for the Office of Justice Programs (OJP) Amy Solomon.

University of Chicago Law School’s Law of Policing Conference

The Associate Attorney General kicked off her trip on Thursday, June 8, by serving as a featured speaker at the University of Chicago Law School’s Law of Policing Conference. During the UChicago event, she participated in a fireside chat with Professor Sharon Fairley to discuss the department’s work, including efforts to build police-community trust, pattern and practice investigations, work with law enforcement agencies seeking assistance through programs like the department’s Collaborative Reform Initiative and fund organizations and programs that center community voices in public safety conversations.

Site Visits with Justice Department-Funded Community Violence Intervention and Prevention Programs and Families of Gun Violence Victims

On Thursday afternoon, the Associate and department officials visited the North Lawndale area for a site visit and community meeting, hosted by UCAN, to speak with representatives from organizations that help fund, provide and study community violence intervention and related services. Participants included: Metropolitan Family Services (MFS), an OJP grantee that received both site-based and capacity-building grants through the department’s Community Violence Intervention and Prevention Initiative (CVIPI) in Fiscal Year 2022 (FY22); a sub-grantee that will be receiving funds and other support from MFS through the capacity-building award; researchers from Northwestern University who are studying community violence intervention programs; and others. During the meeting, participants discussed ways to make federal grant funds more effective and accessible, and shared their experiences working with local law enforcement and collaborating with other community-based organizations to reduce violence in Chicago. Later that day, the Associate and other department officials met with mothers who have lost children to gun violence to listen to their concerns and challenges, including with navigating resources and services for victims. The meeting was hosted by New Life Centers of Chicagoland.

Bringing Critical Stakeholders Together: Meetings with U.S. Attorney’s Office, University of Chicago Crime Lab, and Mayor of Chicago

On Friday, June 9, Associate Attorney General Gupta and Assistant Attorney General Solomon met with Acting U.S. Attorney Sonny Pasqual for the Northern District of Illinois and senior staff from his office, followed by a visit to the University of Chicago Crime Lab, which was joined by Senator Dick Durbin, to learn about the Crime Lab’s innovative work, including research on the effectiveness of community violence intervention programs, early warning systems in law enforcement agencies and more. The trip concluded with a meeting with Chicago Mayor Brandon Johnson and Chicago’s first-ever Deputy Mayor of Community Safety Garien Gatewood.

Through OJP, local organizations can access critical funding that can be used to support community-focused violence intervention and prevention programming. In FY22 alone, the department provided $100 million in funding for CVIPI, aimed at helping scale this type of community-based work and innovation to tackle public safety concerns. In addition, through OJP’s Office for Victims of Crime, the department offers grants, training and technical assistance to support victims and survivors of crime as they navigate difficult journeys of recovery and healing.

Source: United States Department of Justice News

Defendant Shot Victim Following a Series of Arguments Started by an Instagram Post

            WASHINGTON – Lewkus Turner, 29, of Washington, D.C., was found guilty by a jury of voluntary manslaughter while armed and related charges stemming from a mid-afternoon shooting on December 11, 2020, at 29^th and S Streets Southeast, announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan M. Benedict, of the Metropolitan Police Department (MPD).

            Turner was found guilty by a jury, on June 9, 2023, following a trial in the Superior Court of the District of Columbia, of voluntary manslaughter while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm.  The Honorable Maribeth Raffinan scheduled sentencing for August 25, 2023.

            According to the government’s evidence, just before 4:00 p.m. on December 11, 2021, the victim—and Turner’s first cousin—Vincent Gyamfi, drove to the 1600 block of 29^th Street SE to speak to Turner regarding an Instagram post Turner had made earlier in the week. Shortly after arriving in the area, an argument broke out and Turner left the area. Turner returned shortly thereafter armed with a gun and the two men argued again before leaving in separate directions, with Mr. Gyamfi stopping his vehicle near the intersection of 29^th and S Streets SE. At 4:07 p.m., Turner drove to the intersection and confronted his cousin for a final time. Mr. Gyamfi ran at Turner’s car, and Turner shot Mr. Gyamfi three times with a large caliber weapon. Turner then dragged Mr. Gyamfi’s body into the street, got into his vehicle, and fled the scene without calling for aid.

            Turner was arrested in the murder case on December 29, 2021.  He has been in custody ever since.

            In announcing the verdict, U.S. Attorney Graves and Interim Chief Benedict commended the work of those who investigated the case from the Metropolitan Police Department.  They also expressed appreciation for the assistance provided by the U.S. Marshals Service and FBI CAST team.  They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Dan Lenerz and Bryan Han of the Appellate Section; Investigative Analyst Zachary McMenamin; Victim/Witness Advocate Karina Hernandez; Special Agents Mark Crawford and Durand Odom of the Criminal Investigations Unit; Supervisory Victim/Witness Service Coordinator Katina Adams-Washington, Victim/Witness Service Coordinators Tonya Jones and Maenylie Watson; Supervisory Budget Analyst Nikiya Burnette and Accounting Technician Evelyn Miles; Paralegal Specialist Meridith McGarrity; and Litigation Technology Specialist Charlie Bruce.

            Finally, they commended the work of Assistant U.S. Attorneys Gregory Kimak, Christopher Carson, and Gauri Gopal, who investigated, indicted, and prosecuted the case.

Source: United States Department of Justice News

The Justice Department, together with the Federal Trade Commission (FTC), announced today that the United States has resolved a case against Microsoft Corp. regarding its practices for collecting and retaining personal information from children who use Microsoft’s Xbox Live service. The stipulated order issued by the court today requires Microsoft to pay $20 million in civil penalties and imposes injunctive relief to settle allegations that Microsoft violated the Children’s Online Privacy Protection Act (COPPA) and the Children’s Online Privacy Protection Rule (COPPA Rule) in connection with the Xbox Live service, which consumers use to connect online and with others through the Xbox brand of gaming consoles.

In a complaint filed in the U.S. District Court for the Western District of Washington, the United States alleges that Microsoft knew that certain users were children but nonetheless continued to collect personal information, such as telephone numbers, before notifying parents of Microsoft’s information collection practices and before obtaining parental consent. In addition, the complaint alleges that, while Microsoft provided some notice to parents, that notice was incomplete and thus failed to comply with the COPPA Rule’s requirements. Finally, the complaint alleges that in certain instances when children started, but did not complete, creating Xbox Live accounts, Microsoft retained their personal information for longer than permitted by the COPPA Rule.

“It is essential that before collecting children’s personal information, online companies provide complete and timely disclosures about their information collection practices so that parents can make informed decisions,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department and the FTC are committed to ensuring that companies comply with the laws specifically designed to safeguard the privacy of children.”

“This settlement requires Microsoft to clearly communicate with parents about their child’s data and sets up procedures to monitor Microsoft’s compliance with federal statutes regarding children’s online privacy. This work will make children safer online,” said U.S. Attorney Nick Brown for the Western District of Washington. “I commend Microsoft for quickly acknowledging it was illegally collecting and retaining personal data of children younger than 13, and for taking steps to fix the problem.”

“Our proposed order makes it easier for parents to protect their children’s privacy on Xbox, and limits what information Microsoft can collect and retain about kids,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “This action should also make it abundantly clear that kids’ avatars, biometric data, and health information are not exempt from COPPA.”

This matter is being handled by Trial Attorney Katherine M. Ho, Senior Trial Attorney James T. Nelson, and Assistant Director Lisa K. Hsiao of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington. Megan Cox and Peder Magee represent the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of California, visit its website at www.justice.gov/usao-wdwa. For more information about the FTC, visit its website at www.FTC.gov.