Category: US Department of Justice

Source: United States Department of Justice Criminal Division

When signing the Voting Rights Act in 1965, President Lyndon B. Johnson called on leaders to register voters and to use the courts if necessary to defend the right.

Today, hundreds of organizations and thousands of volunteers will help hundreds of thousands of people register to vote on National Voter Registration Day, Sept. 17.

What is National Voter Registration Day (Sept. 17)?

National Voter Registration Day is a nonpartisan civic holiday dedicated to celebrating our democracy. From fire departments to food pantries, from schools and civic leagues, people around the country help eligible friends, neighbors, seniors, college students, first-time voters and new citizens register to vote. Voters will find many items on the ballot this election season, from the presidency and school board races to city council contests and state legislative elections, to ballot initiatives and more. To have a voice in our American democracy, to exercise the right that our forebears deemed sacred, you must register to vote.

To get started, visit the official site: vote.gov. This federal government site helps you register to vote, check your registration status and learn about elections. Did you know that the federal voter registration form is available in over 20 languages, from Amharic to Yup’ik-Akuzipik and Spanish to Haitian Creole?

Download the form in English, Amharic, Apache, Arabic, Bengali, Chinese, French, Haitian Creole, Hindi, Japanese, Khmer, Korean, Navajo, Polish, Portuguese, Russian, Somali, Spanish, Tagalog, Vietnamese and Yup’ik-Akuzipik.

If I don’t register and vote, will it matter?

Martin Luther King Jr. framed for all of us the critical importance of the right to vote. It is, he said, “the most powerful instrument ever devised by human beings for breaking down injustice and destroying the terrible walls which imprison people because they are different from others.” Voting can set the agenda for your neighborhood and the nation. Whether you are concerned about paving a road, getting disaster relief for your state or protecting the civil rights of all Americans, voting is the way to assert your voice and advance your needs.

The Justice Department has a team dedicated to ensuring compliance with federal voting rights laws and protecting your access to the ballot box. We work to make sure polling places are accessible to all eligible voters, regardless of the color of their skin, the language they speak, their military deployment status or the disabilities they have.

The Justice Department regularly deploys poll monitors to seek equal access for all voters, including people with disabilities and/or limited English proficiency and to prevent interference with the right to vote.

If I encounter challenges to voting, can I seek help?

A key mission of the Justice Department is to protect voters from intimidation, harassment or obstruction of their right to vote. If you experience challenges from any source — public officials or private parties — in trying to register to vote or vote, tell us. If your name has been improperly removed from a voter registration list, tell us. If you think there may be efforts to intimidate voters at your voting place, tell us. If you encounter challenges accessing early voting or absentee voting opportunities available in your state, tell us. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931. More information about voting and elections, including resources about your voting rights, is available on the Justice Department’s website at www.justice.gov/voting. If you suspect criminal misconduct, please contact the FBI at 1-800-CALLFBI. If at any time you are in danger, call 911.

• Si cree que sus derechos civiles o los de otra persona han sido vulnerados, envíe un informe mediante nuestro formulario en línea: Español.
• 如果您認為自己或他人的民權受到侵犯，請使用我們的線上表格提交報告: 繁體中文
• 如果您认为您或他人的民事权利受到侵犯，请使用我们的在线表格提交报告: 简体中文 
• Nếu quý vị tin rằng dân quyền của mình hoặc của người khác đã bị vi phạm, hãy gửi báo cáo bằng cách sử dụng mẫu trực tuyến của chúng tôi: Tiếng Việt 
• 귀하 또는 다른 누군가의 민권이 침해되었다고 믿는 경우, 온라인 양식을 이용해 신고서를 제출하십시오: 한국어
• Kung naniniwala ka na ang iyong mga karapatang sibil o ng ibang tao ay nalabag, magsumite ng ulat gamit ang aming online na pormularyo: Tagalog

Let us work together on Sept. 17, National Voter Registration Day, and beyond, to ensure access to the ballot for all eligible American citizens by helping members of our communities register to vote today. Our nation thrives when eligible Americans are able to exercise their voice in our democracy, register to vote and are able to freely cast their ballots.

The path to equal justice runs through the voting booth. The Justice Department will join with you to make sure that every eligible voter can follow that route.

Source: United States Department of Justice Criminal Division

An important area for school safety planning that is often overlooked is school accessibility for students with disabilities. Accessibility barriers in public schools remain pervasive even decades after passage of Section 504 of the Rehabilitation Act of 1973, which bars disability discrimination by recipients of federal financial assistance, and the Americans with Disabilities Act of 1990 (ADA). Some of these barriers pose significant problems for ensuring school safety for students with disabilities. For example, students who use wheelchairs or mobility scooters must have an effective means of evacuating during a safety threat situation, such as a fire emergency, when elevators may not be used.

A new resource is available that provides valuable information on public school accessibility. We recommend that schools review and consider including information from this resource in their school safety planning. A Government Accountability Office (GAO) report 20-448, K-12 Education: Justice Should Provide Information to Help School Districts Improve Access for People with Disabilities, found two-thirds of the nation’s school districts have facilities with physical barriers that may limit access for people with disabilities. In response to this GAO report, the Justice Department, in consultation with the Department of Education, recently developed a virtual training on designing accessible public school buildings. This new resource fills a gap; few resources currently exist focusing specifically on accessibility in the context of public schools. The GAO report noted that public schools lack access to information about accessibility requirements and called on the Justice Department to make additional resources on this topic available.

Presented by an architect for the Justice Department’s Civil Rights Division, the training video describes accessibility features schools should consider to ensure they are accessible to students with disabilities as required by the ADA. The training explains key accessibility features needed by students with disabilities to get to school, to participate in classes and get around school buildings and facilities, to use playground equipment and to participate in school activities. The training is user friendly, with diagrams and photographs showing examples of accessibility barriers and required accessibility features.

Providing accessible public schools requires accessible routes and entrances. Schools must reserve accessible parking spaces, make sure curb ramps and walkways are not too steep or uneven, have adequate entrance signage and have accessible doors and security check-ins. Corridors, classrooms and toilet rooms must be easy to navigate and not present obstacles or other protruding objects. And common-use areas such as libraries and media centers, cafeterias, auditoriums, play areas and stadiums and athletic fields much be accessible such that no student is unable to participate in activities occurring in these spaces. For additional information regarding federal accessibility requirements, visit www.ADA.gov. Links to relevant laws, regulations and standards, including the ADA’s accessibility requirements for state and local government entities, are available on this website.

As noted above, school accessibility is critical not just to ensuring equal educational opportunity but also to making sure students with disabilities can remain safe in educational settings. Families and communities entrust public schools to keep their children safe and secure from a variety of emergency events, like accidents, crime and natural disasters. Effective emergency planning is an essential component of school safety, and it includes actions schools should take to prevent these incidents from occurring and to mitigate their impact when they do occur.

To ensure students with disabilities remain safe, schools should take an inclusive and equitable approach to emergency management planning by ensuring that the needs of these students are reflected in such planning. Planners should consider a variety of disabilities and the range of vulnerabilities student may have — including those that are visual, communication, mobility, cognitive, attentional and emotional-related — to adequately protect them during emergency situations. Once these needs have been identified, schools can acquire the appropriate personnel, equipment and supplies to support them.

SchoolSafety.gov suggests strategies and resources for inclusive emergency planning here. Further the Department of Education’s Readiness and Emergency Management for Schools Technical Assistance Center fact sheet describes how schools can integrate K-12 students with disabilities before, during and after an emergency in accordance with these laws. It provides that schools districts should make the same proactive decisions for students with and without disabilities, considering how best to address each student’s needs to keep them safe and secure.

The new Justice Department webinar complements these existing resources by offering a comprehensive overview of specific requirements that are necessary to ensure physical accessibility under the ADA. It provides online training, training materials and links to technical assistance specific to accessibility for public school facilities. It addresses accessibility issues that also impact safety and security in public school facilities and includes information in plain language, such as information about accessibility requirements for classrooms, recreational equipment and school grounds, that should be factored into school safety and security planning. Accessibility is necessary to ensure that students with disabilities are fully included in school safety efforts and that they can be safely evacuated during emergencies. We highly recommend that public schools review this resource and incorporate it into their school safety planning.

Source: United States Department of Justice Criminal Division

Six men were arrested and had their initial court appearances yesterday after being charged in a five-count indictment with violating the Animal Welfare Act in connection with a cockfighting operation. A federal grand jury sitting in Providence, Rhode Island, returned the indictment last week.

The indictment alleges that on March 6, 2022, Miguel Delgado, 73, hosted a series of individual cockfights, known as “derbies,” at his Providence home. Delgado is also charged with sponsoring and exhibiting roosters in an animal fighting venture on multiple dates, buying and transporting sharp instruments or “gaffs” for use in the cockfights and unlawfully possessing roosters for use in an animal fighting venture.

Onill Vasquez Lozada, 39, and Antonio Ledee Rivera, both of Rhode Island, were charged with unlawfully possessing roosters in April 2021 for use in an animal fighting venture and for sponsoring and exhibiting roosters at the March 2022 derby at Delgado’s home. Rivera was additionally charged in connection with an earlier derby at Delgado’s home.

Germidez Kingsley Jamie, 31; Jose Rivera, 67; and Luis Castillo, 35, all residents of Massachusetts, were charged with sponsoring and exhibiting roosters at an animal fighting venture at the March 2022 derby. Jamie and Jose Rivera are also charged with one count of buying and transporting gaffs for use in an animal fighting venture.

Cockfighting is a contest in which a person attaches a knife, gaff or other sharp instrument to the leg of a “gamecock” or rooster and then places the bird a few inches away from a similarly armed rooster. This results in a fight during which the roosters flap their wings and jump while stabbing each other with the weapons that are fastened to their legs. A cockfight ends when one rooster is dead or refuses to continue to fight. Commonly, one or both roosters die after a fight.

If convicted of Animal Welfare Act violations, the defendants each face a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Zachary A. Cunha for the District of Rhode Island made the announcement.

The Department of Agriculture’s Office of Inspector General (USDA-OIG), Postal Inspection Service, Food and Drug Administration’s Office of Criminal Investigation and Rhode Island Society for the Prevention of Cruelty to Animals investigated the case. Valuable assistance was provided by the U.S. Marshals Service, U.S. Fish and Wildlife Service’s Office of Law Enforcement, U.S. Customs and Border Protection, Rhode Island State Police, Massachusetts State Police, Animal Rescue League of Boston’s Law Enforcement Division and Providence, Woonsocket, and Attleboro Police Departments.

To report animal fighting crimes, contact your local law enforcement or the USDA-OIG’s complaint hotline.

Senior Trial Attorneys Gary Donner and Stephen Da Ponte of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney John P. McAdams for the District of Rhode Island 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 Criminal Division

Siouxland Surgery Center LLP, doing business as Dunes Surgical Hospital (Dunes), United Surgical Partners International Inc. (USPI) and USP Siouxland Inc. have agreed to pay approximately $12.76 million to resolve alleged False Claims Act violations relating to improper financial relationships between Dunes and two physician groups. Dunes is a surgical hospital located in Dakota Dunes, South Dakota. Since July 1, 2014, USPI has maintained partial ownership of Dunes through USP Siouxland, a wholly owned subsidiary of USPI. Dunes and USPI disclosed the arrangements at issue to the government following an internal compliance review and independent investigation.

The settlement resolves allegations that, from at least 2014 through 2019, Dunes made significant financial contributions to a non-profit affiliate of a physician group whose physicians referred patients to Dunes. Those payments allegedly funded the salaries of athletic trainers who generated referrals to both the physician group and to Dunes. The settlement also resolves allegations, that during the same time period, Dunes provided another physician group with free or below-fair-market-value clinic space, staff, and supplies. The United States alleged that these arrangements violated both the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law, commonly known as the Stark Law. The AKS prohibits the provision of remuneration to induce the referral of services or items that are paid for by a federal health care program. The Stark Law prohibits hospitals from billing for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. A claim submitted in violation of the AKS or the Stark Law can also violate the False Claims Act.     

“The AKS and Stark Law are designed to ensure that decisions about patient care are based on physicians’ independent medical judgment and not their personal financial interest,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “As this settlement reflects, we will hold accountable those who violate these important safeguards, but we will also give to those who disclose their wrongdoing, take appropriate remedial actions and meaningfully cooperate with the government’s investigation.”      

In connection with the settlement, the United States acknowledged that Dunes and USPI took a number of significant steps entitling them to credit for cooperating with the government. Following an internal compliance review and independent investigation, Dunes and USPI promptly took remedial actions and disclosed the relevant arrangements to the government. Dunes and USPI also provided the government with a detailed and thorough written disclosure and cooperated with the government throughout its investigation.  

“Illegal kickbacks and self-referrals make healthcare more expensive and create the potential for medical decisions that are not based on what is best for patients,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office welcomes the cooperation of those who self-disclose and will continue to work with our law enforcement partners to ensure that taxpayers do not bear the costs of illegal and unethical practices.”

“The U.S. Attorney’s Office is dedicated to fostering a healthcare environment that prioritizes patient well-being above all,” said U.S. Attorney Alison Ramsdell for the District of South Dakota. “We stand firmly against any actions that could undermine the trust and transparency that form the cornerstone of patient care and remain committed to working closely with healthcare professionals and regulatory bodies to promote ethical practices to ensure patients receive the highest standard of care.”

“Individuals and entities that participate in the federal health care system are required to obey laws designed to preserve the integrity of program funds and ensure the provision of appropriate, quality services to patients,” said Special Agent in Charge Linda T. Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Together with our federal and state law enforcement partners, we remain committed to investigating allegations of improper arrangements that can put patient safety at risk.”

The settlement resolves allegations of false billings to the Medicare, TRICARE and Medicaid programs. The Medicaid program is jointly funded by the federal and state governments. In addition to the approximately $12.76 million to be paid to the federal government for alleged violations of the False Claims Act, South Dakota, Iowa and Nebraska will collectively receive approximately $1.37 million for their share of the Medicaid portion of the settlement.   

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section; U.S. Attorney’s Office for the Northern District of Iowa; U.S. Attorney’s Office for the District of South Dakota; and HHS-OIG.

The investigation and resolution of this matter illustrates 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 HHS at 800-HHS-TIPS (800-447-8477).

Trial Attorney Nathan Green, Assistant U.S. Attorney Brandon Gray for the Northern District of Iowa and Assistant U.S. Attorney Alexis Warner for the District of South Dakota handled the matter.

The claims resolved by the United States in the settlement are allegations only. There has been no determination of liability.

Source: United States Department of Justice Criminal Division

The Justice Department has selected 17 federally recognized Tribes to participate in the continued expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides Tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division. This announcement follows Attorney General Merrick B. Garland’s trips to Montana, New Mexico, and South Dakota during which he visited with numerous Tribal and federal law enforcement officials and Tribal leaders to discuss the public safety challenges faced by Tribal communities.

“Tribal communities deserve safety, and they deserve justice,” said Attorney General Garland. “The Tribal Access Program provides Tribes with the crime information they need to investigate crimes, apprehend suspects, protect vulnerable persons, and ensure justice for victims. It reflects the Justice Department’s steadfast commitment to working with our Tribal law enforcement partners to protect those living in Indian Country.”

With this expansion, TAP now supports 149 Tribes and more than 460 Tribal government agencies.

“The Tribal Access Program has enhanced our efforts in the administration of criminal justice within the Kickapoo Traditional Tribe of Texas reservation,” said Interim Tribal Police Director Epifanio Ruiz of the Kickapoo Traditional Tribe of Texas. “During the performance of our duties, the Tribal police department has effectively apprehended subjects within the Tribal nation who have outstanding warrants in other jurisdictions thus enhancing the safety and wellbeing of the community.”

TAP provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI CJIS systems.  

The Justice Department began TAP in 2015 in response to concerns raised by Tribal leaders about the need to have direct access to federal systems. Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; entered orders that prevent dangerous prohibited persons from obtaining firearms; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.

The following additional Tribes have been selected for participation in TAP:

1. Catawba Indian Nation
2. Crow Tribe
3. Little Traverse Bay Bands of Odawa Indians
4. Native Village of Gakona
5. Northern Cheyenne Tribe
6. Orutsararmiut Traditional Native Council
7. Quileute Tribe
8. Snoqualmie Indian Tribe
9. Village of Dot Lake
10. Walker River Paiute Tribe
11. Caddo Nation
12. Tuolumne Band of Me-Wuk Indians
13. Augustine Band of Cahuilla Indians
14. Karuk Tribe
15. Shawnee Tribe
16. Yerington Paiute Tribe of the Yerington Colony & Campbell Ranch
17. Kiowa Indian Tribe

TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.