Category: US Department of Justice

Source: United States Department of Justice News

The Justice Department announced today that it has secured another 10 settlements with companies that used a college recruiting platform to post job advertisements that unlawfully excluded non-U.S. citizens. These agreements add to the department’s recent settlements with 20 other companies resolving similar claims – 16 in June 2022 and another four in September 2022 –  and bring the total civil penalty amount for all 30 employers to over $1.6 million.

“The Justice Department has now held 30 companies accountable for using a college recruitment platform to post discriminatory job advertisements that locked non-U.S. citizen students out of job opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These settlements should make clear our commitment to enforcing federal civil rights laws to ensure that all applicants have a fair and equal chance to compete for jobs.”

The department’s involvement in these matters began after a Georgia Institute of Technology (Georgia Tech) student, who was a lawful permanent resident at the time, filed a discrimination complaint with the Civil Rights Division. The student alleged that a bank’s advertisement on a Georgia Tech job recruitment platform restricted the posted internship opportunity to U.S. citizens only. On investigation, the department discovered many other discriminatory advertisements on Georgia Tech’s job recruiting platform, as well as platforms operated by other colleges across the United States.

The department found that each of the ten employers with which it is now settling posted on an online job recruitment platform operated by Georgia Tech at least one job announcement excluding non-U.S. citizens. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters.

The new settlements, like the 20 before them, require each company to pay a civil penalty. The amount of each employer’s penalty is based on the number of discriminatory advertisements it posted:

	Employer	Penalty Amount
1.	Asurion LLC	$13,395
2.	Black & Veatch Corporation	$8,930
3.	Deluxe Corporation	$183,065
4.	Freese & Nichols Inc.	$4,465
5.	Grey Orange Inc.	$13,395
6.	Honeywell International Inc.	$191,995
7.	Procter & Gamble	$8,930
8.	Georgia Tech Research Institute	$31,255
9.	Stryker Employment Company LLC	$4,465
10.	Wiley Bros.	$4,465
	TOTAL	$464,360

In addition to paying civil penalties, the employers’ recruiting staff must undergo training on the Immigration and Nationality Act’s (INA) anti-discrimination provision and refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law.

The INA generally prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects asylees, refugees, recent lawful permanent residents, U.S. citizens, and U.S. nationals from citizenship status discrimination in hiring, firing, and recruitment or referral for a fee.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. 

Learn more about IER’s work and how to get assistance through this brief video. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe for email updates from IER.

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Source: United States Department of Justice News

Village Home Care LLC (VHC), located in Ocala, Florida, has agreed to pay $225,000 to resolve allegations that it violated the False Claims Act (FCA) by paying kickbacks to two physicians in the form of sham medical director or sublease agreements in exchange for patient referrals. Joy Rodak (Rodak), VHC’s CEO and majority owner, has agreed separately to pay $105,000. Both settlements are based on financial ability to pay. In addition, the United States has reached agreements with Dr. Vishnu Reddy and Dr. Kuchakulla Reddy to pay $100,000 and $61,943.44, respectively, to resolve allegations that each accepted kickbacks from VHC in exchange for patient referrals.

On Jan. 15, 2021, the United States filed complaints in intervention in two whistleblower lawsuits brought under the FCA against VHC and Rodak alleging that they knowingly billed Medicare for home health services for patients referred to VHC by Dr. Vishnu Reddy from Nov. 15, 2012, through Nov. 14, 2014, while paying Dr. V. Reddy under sham medical director agreements. Although Dr. V. Reddy performed no services, VHC paid him $50,000 to induce him to refer patients to VHC. The United States further alleged that VHC and Rodak knowingly billed Medicare for home health services for patients referred to VHC by Dr. Kuchakulla Reddy from Dec. 1, 2012, through March 5, 2014, while paying Dr. K. Reddy, through his medical practice, under sham sublease agreements. Although VHC did not use the space, VHC paid Dr. K. Reddy $30,971.72 to induce him to refer patients to VHC. 

“Paying doctors to refer patients for services paid for by federal health care programs can distort medical decision-making and result in medically unnecessary care,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The settlements in this matter demonstrate our commitment to protecting the integrity of these programs and the taxpayer dollars that support them.”

“Medicare funds should be used to provide care for our seniors, not to induce physicians to refer business,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “This office will take action against individuals who make unlawful payment to physicians in exchange for patient referrals.”

The civil settlements include the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Kasey Jacobs, James Hanes, Katherine Brooks, Karen Swain, and Barbara Mellot-Yezman, all former employees of VHC. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned U.S. ex rel. Jacobs, et al. v. Village Home Care, LLC, et al., No. 5:21-cv-00073-CEM-PRL (M.D. Fla.), and U.S. ex rel. Brooks, et al. v. Village Home Care, LLC, et al., No. 5:21-cv-00072-CEM-PRL (M.D. Fla.). The relators’ share of the settlements has not yet been determined.

The resolutions obtained in this matter were the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Middle District of Florida, and the Department of Health and Human Services Office of the Inspector General.

The matter was investigated by Senior Trial Counsel Sarah Arni and Trial Attorney Breanna Peterson of the Civil Division’s Fraud Section and Assistant U.S. Attorney Sean Keefe for the Middle District of Florida.

The investigation and resolutions in this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The claims resolved by the settlements are allegations only and there has been no determination of liability.

Source: United States Department of Justice News

A federal correctional officer at the Federal Correctional Institution, Dublin (FCI Dublin) made his first appearance before the Northern District of California after a federal grand jury returned a 12-count indictment charging him for sexually abusing three female inmates in his custody.

According to the indictment, Darrell Wayne Smith, 54, now residing in Florida, was employed at FCI Dublin as a correctional officer when he engaged in sexual acts and sexual contact with three female inmates who were then serving prison sentences. The indictment describes 12 incidents between May 2019 and May 2021 during which Smith allegedly engaged in illegal sexual contact and acts with his victims, including digitally penetrating a victim’s anus by use of force.

“The charges announced today are the latest in the Justice Department’s campaign to root out sexual misconduct within the Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “As alleged, Darrell Smith exploited his authority to sexually abuse three vulnerable victims in custody at FCI Dublin. To enforce the BOP’s dual mission of providing a safe, humane environment for those in custody while preparing them to return to society, we will hold accountable all BOP personnel who abuse their authority.”

“For years, the defendant allegedly used his position of authority, as a federal corrections officer, to commit unspeakable acts of abuse and violence against multiple victims in a correctional institution,” said FBI Deputy Director Paul Abbate. “The FBI and our law enforcement partners are committed to aggressively pursuing those who violate the civil rights of others, no matter their rank or title. Nothing can undo the pain inflicted on the victims, but we hope today’s indictment is a further step towards justice.”

“The Department of Justice Office of the Inspector General is committed to bringing to justice every single BOP employee at FCI Dublin who sexually abused inmates. To date, those efforts have already included arrests and convictions of FCI Dublin’s former Warden and Chaplain,” said Inspector General Michael E. Horowitz. “Today’s indictment alleges brazen and violent sexual assault by Smith and alleges abuse of multiple inmates over several years. As evidenced by these charges, the OIG and FBI investigation remains ongoing, and we will continue to aggressively investigate allegations of abuse at FCI Dublin and across the Federal Bureau of Prisons.”

“This indictment shocks the conscience of anyone reading it,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “The alleged conduct falls far below the minimum standards of decency required – much less, the standards of integrity expected – of any Bureau of Prisons employee. Rest assured, the Department will root out any such conduct and prosecute all persons who are responsible.”

Each of the alleged victims is identified in the indictment by initials and was in official detention and under Smith’s custodial, supervisory, and disciplinary authority at the time of the alleged illegal conduct. In addition, each count in the indictment corresponds with one encounter during which Smith allegedly engaged in unlawful sexual acts or contact with one of the victims.

Smith is charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact, and one count of aggravated sexual abuse.

Smith faces a maximum of life in prison if convicted of the aggravated sexual abuse, a maximum of 15 years of in prison for each count of sexual abuse of a ward, and a maximum of two years in prison for each count of abusive sexual contact. In addition, as part of any sentence, the court may order a term of supervised release, a fine of up to $250,000 for each count, restitution, and additional assessments. A federal district judge will determine sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.

Smith was arrested on May 11 and made his initial federal court appearance in the Northern District of Florida on the same day. Smith made his initial Northern District of California appearance this morning before U.S. Magistrate Judge Kandis A. Westmore. Smith’s next federal court appearance is scheduled for July 10.

DOJ OIG and the FBI investigated the case.

Assistant U.S. Attorneys Molly Priedeman and Andrew Paulson for the Northern District of California are prosecuting the case, with the assistance of Leeya Kekona.

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

Source: United States Department of Justice News

Defendant Sentenced on Felony of Civil Disorder

            WASHINGTON – A Florida man was sentenced today on charges related to 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.

            Julio Baquero, 38, of Hollywood, Florida, was sentenced yesterday in the District of Columbia to 18 months in prison, 12 months of supervised release, and ordered to pay restitution of $2,000 for his conviction on a felony charge of civil disorder. Baquero pleaded guilty in February.

            According to court documents, on Jan. 6, 2021, Baquero and Louis Valentin, who is awaiting sentencing, traveled to Washington, DC, where they entered the Capitol. CCTV from the Capitol during the Riots shows that after Baquero and Valentin entered the Capitol, they walked to the Rotunda. At approximately 3:00 p.m., U.S. Capitol Police and Metropolitan Police Department Officers began efforts to clear the rioters from the Rotunda. CCTV and body-worn camera from MPD Officers show that at approximately 3:04 p.m., Baquero physically resisted officers attempting to clear the rioters out of the Rotunda. During the confrontation, Baquero grabbed at officers and, at one point, grabbed the hand of an MPD Officer who was holding a police baton.

            Body worn camera footage shows that at approximately 3:05 p.m., Baquero confronted MPD and USCP officers attempting to clear the Rotunda, shouting “You’re a traitor!” CCTV shows that by approximately 3:14 p.m., Baquero and Valentin had been forced out of the Rotunda by law enforcement, through the east door of the Rotunda. From approximately 3:14 p.m. to approximately 3:19 p.m., Baquero stood outside the east door to the Rotunda while USCP officers were attempting to close the east doors of the Rotunda in order to keep expelled rioters from reentering.

            At this time, Baquero rushed at the officers and attempted to push one of the Rotunda doors open. Baquero had to be pulled away by USCP officers and forcibly removed from the path of the door.

            This case was 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 Southern District of Florida.

            The case was investigated by the FBI’s Miami and Washington Field Offices. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the 28 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 more than 320 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.

Source: United States Department of Justice News

            WASHINGTON – Mark Lamont Clark, 57, a former officer with the Metropolitan Police Department, was found guilty today of two counts of deprivation of civil rights under color of law.  The verdict was announced by U.S. Attorney Matthew M Graves and Chief Robert J. Contee, III, of the Metropolitan Police Department.

            According to evidence presented in court, on July 13, 2018, while acting under color of law and fully dressed in his MPD uniform, Clark applied a prohibited chokehold to victim D.T., causing bodily injury and depriving D.T. of civil rights, outside a McDonald’s restaurant, following a confrontation Clark had with a friend of D.T.  Just five days later, on July 18, 2018, while acting under color of law and fully dressed in his MPD uniform, Clark similarly escalated a verbal confrontation with a McDonald’s patron, victim K.C., and then applied a prohibited chokehold and a prohibited carotid artery hold to K.C., causing bodily injury and depriving K.C. of civil rights.  Both offenses were captured on Clark’s MPD body-worn camera (BWC).

            U.S. District Judge Carl J. Nichols presided over Clark’s trial and scheduled Clark’s sentencing for August 30, 2023.

            This case was investigated by the Internal Affairs Division of the Metropolitan Police Department.

            The case is being prosecuted by Assistant U.S. Attorneys Michael Truscott and George Eliopoulos of the U.S. Attorney’s Office for the District of Columbia.