Category: US Department of Justice

Source: United States Department of Justice 2

A grand jury in San Diego returned an indictment unsealed yesterday charging a California attorney with tax evasion, filing a false tax return and failing to file tax returns with the IRS. 

According to the indictment, from 2017 to 2019, Robert Blair Krueger Jr. was an attorney and sole owner of The Krueger Group LLP, a law firm in San Diego specializing in providing legal services for companies seeking to become publicly traded. During that time, he allegedly attempted to thwart the IRS’ ability to assess his income tax liability by, among other things, providing his return preparer with false and inaccurate information and causing inaccurate returns to be filed with the IRS that underreported the income he earned from his law practice. In addition, Krueger allegedly has not filed personal federal income tax returns since 2018.

If convicted, he faces a maximum penalty of five years in prison for tax evasion, a maximum penalty of three years in prison for filing a false tax return and a maximum penalty of one year in prison for each count of failing to file a tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Erika V. Suhr and Robert A. Kemins of the Tax Division 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

The Justice Department announced yesterday that it filed a lawsuit alleging that the City of Brunswick, Georgia, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) through its efforts to interfere with and permanently close The Well, a faith-based resource center affiliated with the United Methodist Church for those experiencing homelessness.    

“Federal law protects the right of religious groups such as The Well to use their land to help others,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The division will continue to vindicate the rights of groups to exercise their religion and fight local land use laws that unlawfully restrict those rights.”

“We will take the steps necessary, including filing suit, to protect religious exercise against unreasonable and improper restrictions,” said U.S. Attorney Jill Steinberg for the Southern District of Georgia. “This office will steadfastly defend against unlawful local action the right of institutions like The Well to lawfully use their land to help their communities as an expression of their religious beliefs.”

The lawsuit filed in the U.S. District Court for the Southern District of Georgia alleges that, since 2014, The Well, as an expression of its staff’s Christian faith, has operated a daytime hospitality and religious resource center for those experiencing homelessness, offering showers, laundry, meals and other services. In public filings seeking federal funding, the city touted The Well’s services as part of the city’s efforts to reduce and end homelessness, but the city later engaged in a campaign to close The Well, blaming it for unrelated criminal activity in Brunswick. Even after The Well adopted safety and security measures suggested by the Brunswick Police Department, the city filed a lawsuit in state court seeking to close it.  

The complaint alleges that the city’s efforts to close The Well have imposed a substantial burden on The Well’s religious exercise, that the city lacks a compelling interest and has not employed the least restrictive means of enforcing its purported interest. The complaint seeks injunctive relief prohibiting the city from substantially burdening The Well’s religious exercise.

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the U.S. Attorney’s Office at USAGAS.Civil.Rights@usdoj.gov or the Civil Rights Division’s Housing and Civil Enforcement Section at (800) 896-7743, or may submit a report through the complaint portal on the Place to Worship Initiative website.

Source: United States Department of Justice Criminal Division

Note: View a copy of the indictment here.

On Dec. 13, Colombian authorities arrested two men charged with human smuggling conspiracy for moving migrants through Colombia en route to the United States. In the course of that conspiracy, the defendants are alleged to have put lives in jeopardy, including by placing some of the 40 migrants and two boat captains on a boat that disappeared on its way to Nicaragua after leaving San Andres Island on Oct. 21, 2023.

Hernando Manuel de la Cruz Rivera Orjuela, 52, and Luis Enrique Linero Pinto, 40, both Colombian nationals, were arrested in Colombia at the request of the United States for their alleged roles in the transnational human smuggling operation, based on an indictment obtained on Oct. 23 from a federal grand jury sitting in the Western District of Texas.

According to the indictment unsealed yesterday, the defendants participated in a conspiracy that unlawfully smuggled migrants, transporting them from other locations to San Andres Island, and from there to Nicaragua via boats, north through Central America and Mexico, before reaching their final destination in the United States. Allegedly, Rivera Orjuela and Linero Pinto advised the migrants how to get to San Andres Island, personally received them once they arrived on the island, arranged for their accommodation, and brought them to the boats that transported them to Nicaragua so they could enter the United States illegally. Linero Pinto is alleged to have bribed uniformed service members of the Colombian Navy to acquire real-time intelligence about the position of Navy patrol vessels located between San Andres Island and Nicaragua, enabling the boats carrying migrants to avoid detection.

“Through coordination with our domestic and international law enforcement partners, we have secured the arrest of two Colombian nationals we allege took part in a human smuggling operation that resulted in the disappearance of a boat carrying 40 migrants,” said Attorney General Merrick B. Garland. “As this indictment makes clear, Joint Task Force Alpha (JTFA) continues to be one of the Justice Department’s most effective tools for countering insidious human smuggling operations that fuel suffering and exploitation.”

“For over three years, JTFA has deployed every tool at our disposal to disrupt and dismantle human smuggling networks,” said Deputy Attorney General Lisa Monaco. “This latest indictment demonstrates the Department’s continuing commitment to combat human smuggling across the Western hemisphere and bring those responsible to justice.”

“The indictment alleges that, as part of their participation in a conspiracy to smuggle migrants to the United States, these defendants put several migrants on the boat that disappeared off the coast of Nicaragua in October 2023,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “This indictment reflects the importance of JTFA’s expansion to address human smuggling in and through Colombia. Today’s announcement also underscores the Criminal Division’s commitment to investigating and prosecuting the transnational criminal organizations whose business model puts human lives at risk for financial gain.”

“As alleged in the indictment, these defendants are charged for their roles in the disappearance of dozens of migrants, and the allegations detail many of the dangers we see too often in combating human smuggling — from bribery to the deadly risks migrants take every day,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I appreciate the combined efforts of JTFA, our international partners, and the prosecutors involved. These partnerships are essential in dismantling the criminal organizations that impact us all and prioritize illicit financial gain over human life.”

“These alleged conspirators orchestrated a complex human smuggling operation that recklessly risked human lives for ill-gotten gain,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “The devoted Special Agents of HSI work diligently to combat criminal enterprises that profit from the victimization of innocent people. HSI remains committed to dismantling human smuggling networks that exploit and subject their victims to hazardous and oppressive conditions. These transnational organizations profit by preying on vulnerable individuals, and HSI will continue to dismantle such operations.

The defendants are each charged with one count of conspiracy to encourage and induce unlawful aliens to come to, enter, and reside in the United States and with placing a life in jeopardy during that conspiracy. If convicted, the defendants face a maximum penalty of 20 years in prison and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

HSI is leading the investigation with participation from their McAllen, El Paso, and Cartagena Field Offices. HSI’s Human Smuggling Unit, Customs and Border Protection’s National Targeting Center International Interdiction Task Force, and the Justice Department’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT); Office of International Affairs (OIA); and Narcotic and Dangerous Drug Section (NDDS)’s Judicial Attaché Office in Bogotá provided valuable assistance. The Justice Department thanks Colombian law enforcement officials, who were instrumental in furthering this investigation.

JTFA Co-Director Jim Hepburn and Deputy Director Daria Andryushchenko of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jose Luis Acosta for the Western District of Texas are prosecuting the case.

The indictment of these defendants is the result of the coordinated efforts of JTFA. Attorney General Merrick B. Garland created JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. In June 2024, the initiative was expanded to Colombia and Panama to combat human smuggling in the Darién. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by HRSP and supported by OPDAT, NDDS, the Money Laundering and Asset Recovery Section, Office of Enforcement Operations, OIA, and Violent Crime and Racketeering Section.

JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 290 U.S. convictions; over 240 significant jail sentences imposed; and forfeitures of substantial assets.

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

A federal grand jury in Greenbelt, Maryland, returned an indictment, unsealed last week, charging a Maryland woman with tax fraud and theft of government funds.

According to the indictment, from 2014 to 2024, Monica Patricia McGinley assisted with the preparation and filing false tax returns, so that McGinley could receive large refunds from the IRS to which she was not entitled. On those returns, McGinley allegedly claimed nonexistent payments or withholdings and requested nearly $12 million in refunds. The IRS allegedly issued refunds to McGinley totaling over $1.5 million. In one instance, she allegedly received a U.S. Treasury check for over $1 million.

If convicted, McGinley faces a maximum penalty of 10 years in prison for the theft of government funds charge and a maximum penalty of three years in prison for each of the six counts of aiding and assisting in the preparation and presentation of false tax returns. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Christina Grimes and Jeffrey McLellan of the Justice Department’s Tax Division 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

Three individuals were sentenced yesterday for their roles in founding and operating an illegal pyramid scheme. Alex Dee, 50, of Fate, Texas, was sentenced to 36 months in prison and ordered to pay $1,845,600 in forfeiture; Brian Kaplan, 53, of Fort Collins, Colorado, was sentenced to 22 months in prison and ordered to pay $2,838,700 in forfeiture; and Jerrold Mauer, 58, of North Bellmore, New York, was sentenced to 22 months in prison and ordered to pay $1,545,500 in forfeiture.

According to court documents, from approximately January 2017 through March 2019, Dee, Kaplan and Maurer founded and operated 8 Figure Dream Lifestyle (8FDL), a Wyoming corporation, as an illegal pyramid scheme. Dee, Kaplan, and Maurer advertised 8FDL as an online marketing business that allowed members to easily earn millions of dollars by selling memberships into 8FDL. The business purportedly allowed its members to access various digital videos, mostly related to online marketing and self-help lessons, but the videos had nominal value and served merely as a vehicle for the company to appear legitimate. The main purpose of the company, however, was to allow members to make money by recruiting new members and selling additional memberships. In marketing the 8FDL memberships, Dee, Kaplan, and Maurer falsely represented to the public that typical members with no prior skills or experience would make substantial sums in a short period of time, including earning more than $10,000 within 60-90 days. In fact, the vast majority of 8FDL members never made a single sale, and Dee, Kaplan, and Maurer made these false statements to induce others to join 8FDL. In total, more than 2,800 individuals joined 8FDL, which resulted in approximately $23.5 million in losses to victim members.

In November 2023, both Kaplan and Maurer pleaded guilty to one count of conspiracy to commit wire fraud.

In July, Dee pleaded guilty to one count of conspiracy to commit wire fraud.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, and Inspector in Charge Eric Shen of the U.S. Postal Inspection Service (USPIS) Criminal Investigations Group made the announcement.

USPIS investigated the case.

Trial Attorneys Brandon Burkart and Andrew Jaco of the Criminal Division’s Fraud Section prosecuted the case.