Attorney General Merrick B. Garland Delivers Remarks on the 30th Anniversary of the Violence Against Women Act

Source: United States Department of Justice Criminal Division

Remarks as Delivered

Thank you, Rosie, for that generous introduction, and for everything you do for VAWA and for justice for violence against women. I am very honored to be able to welcome you to the Justice Department for the 30th anniversary of the Violence Against Women Act (VAWA).

Three decades ago, VAWA transformed our national response to domestic violence, sexual assault, dating violence, and stalking. Its enactment marked a paradigm shift — not just in the way we address gender-based violence, but in the way we understand it.

I was serving as Principal Associate Deputy Attorney General when VAWA was originally enacted in 1994. In that role, I had an all-too-clear picture of the way that domestic violence, sexual assault, and stalking were often handled in police stations, prosecutors’ offices, and courtrooms across the country.

As Attorney General Reno later described, many “representatives and participants in the criminal justice system looked at a domestic [violence] case and said, ‘That’s a domestic,’ and [just turned their back on it.]”

That was so, even though at the time, as Congress found, one-third of women murdered in America — approximately 4,000 per year — were murdered by present or former spouses or partners.

The same was true of sexual assault. During VAWA hearings, survivors and experts testified about the devastating effect of prevailing attitudes that distinguished between rape by a stranger, as compared to rape by an acquaintance, a date, or a partner — and that frequently put the blame on the victim.

Congress found that women reported 100,000 rapes to law enforcement in 1990 — more than in any previous year in American history. That figure was estimated to represent only a third of the true number. Another two-thirds of victims declined to report to police. Fewer than half of the reports resulted in arrests.

VAWA has helped to change that perception and reality. The Act gave the federal government tools to intervene in a sphere that had previously been largely the domain of state and local enforcement. It created new resources and authority to prevent and prosecute these crimes — and to support survivors.

In so doing, it sent a message: gender-based and intimate-partner violence is not just a private matter, not just a local matter, but a national crisis — one that our country was no longer willing to tolerate.

Today, officers, prosecutors, judges, families, and society at large understand what should have always been clear: domestic and dating violence, sexual assault, and stalking are violent crimes. They cannot be ignored as somehow distinct or private. Today, we recognize that they are among the most serious crimes that our society faces.

We recognize the devastating, lifelong effects that gender-based violence can have on both the physical and mental well-being of survivors.

We recognize that domestic violence calls are among the most dangerous for first responders and victims alike.

We recognize that those who have engaged in sexual or domestic violence are far more likely to harm both current and future partners and children — as well as being a danger to the public at large.

We recognize that this danger multiplies when those individuals possess a firearm.

And we insist that the federal government has not just a duty, not just a role, but must intervene.

To return to the words that Attorney General Reno who said during VAWA’s enactment: we recognize that addressing domestic and sexual violence must be a “linchpin[] in the attack on violent crime.”

Today, as we take the opportunity to recognize the impact that VAWA has had on our country over the past 30 years, we also recognize what it took to ensure VAWA’s passage in 1994 and its reauthorization in 2000, 2005, 2013, and 2022.

And we recognize that we would not be here today if not for the survivors who offered their powerful, and often heartbreaking, testimony to their communities, with reporters, and in congressional hearings.

They made real for lawmakers and the American public the toll these crimes take on women, men, children, families, and entire communities.

We also would not be here without the advocates and experts who worked to amplify survivors’ stories and experiences and put forward solutions. They underscored the need for stronger protections to hold offenders accountable. And the need to increase access to services for victims in the aftermath of these terrible crimes.

Many of these advocates are here today. On behalf of the Justice Department and the American people, thank you.

Not yet — I have so much more to say.

The progress our country has made in addressing gender-based and intimate-partner violence is also the result of the work of professionals who have dedicated their lives to carrying out VAWA’s promise over the past 30 years.

I want to thank the service providers on the front lines who work every day with survivors to ensure that they continue to have a voice, that they are believed, and that they receive the support they need to heal and rebuild their lives. You are true heroes.

I want to thank our criminal justice partners — law enforcement officers, prosecutors, and judges — who ensure that perpetrators are held accountable, that the rule of law is upheld, and that survivors are treated with the dignity and respect they deserve.

And finally, I want to thank my colleagues here at the Department of Justice, who work tirelessly behind the scenes to implement VAWA’s protections.

You develop policies and resources to improve investigations and prosecutions.

You administer millions of dollars in grant funds every year to support the protections and services that survivors need.

You enforce laws and prosecute cases in Indian Country, and advance efforts to end the crisis of missing or murdered Indigenous persons.

You defend federal law protections — including in the last Supreme Court Term, when you successfully defended the ban on firearm possession by individuals subject to civil protection orders. And so much more.

Although my position at DOJ in 1994 gave me a grim view into the treatment of gender-based crimes before VAWA, it also gave me a vantage point to see the shift that followed. In 1995, that meant being there as Janet Reno stood up the original Office on Violence Against Women.

Since its creation, OVW has awarded and administered more than $11 billion in grants and other funding to address domestic violence, sexual assault, dating violence, and stalking.

I have had the opportunity to work with Rosie and her incredible OVW team — many of whom have been with the office since its founding. I am in awe of their passion, deep expertise, and commitment. I am moved by their relentless work to reach every person touched by these crimes, and to show by example that the Justice Department can be an effective and caring partner in this effort. Thank you, Rosie.

Today, we take stock of the progress that VAWA has advanced. But we also recognize that there is so much more to do.

The reality remains that, in the United States, more than one in three women experiences sexual violence, physical violence, or stalking by an intimate partner within her lifetime. And Tribal and historically marginalized groups are disproportionately affected.

That is why it was so essential that Congress reauthorized VAWA in 2022. And it is why the Department of Justice remains committed to using every tool at our disposal to end domestic violence, sexual violence, and stalking — and to support survivors.

As part of that effort, I announced this week that the Department is awarding a total of over $690 million in grants, all through programs created under VAWA.

Among these are awards of more than $171 million across all 50 states and six territories under the STOP Violence Against Women Formula Grants Program. This program promotes a coordinated community response among law enforcement, prosecutors, courts, victim services organizations, and other community services to ensure the safety of survivors.

We are also awarding nearly $6 million under the Enhancing Investigation and Prosecution of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Initiative. These funds will be used to promote effective policing and prosecution strategies.

We are also leveraging the FBI, ATF, U.S. Marshals, and our U.S. Attorneys’ Offices throughout the country. Today, I designated an initial set of 78 communities across the country, with more to follow, where we will surge Department resources to combat firearm violence against intimate partners and children.

We will designate Special Assistant U.S. Attorneys to focus on this effort. And Justice Department agents and prosecutors will work hand in hand with community stakeholders to develop strategies and prioritize prosecutions for unlawful possession of a gun by those who have committed domestic violence offenses.

The program will build on the innovative initiatives that U.S. Attorneys’ Offices are already leading to target domestic violence in their districts.

That includes the Western District of Oklahoma’s Operation 922 program, which has charged hundreds of domestic abusers with federal firearms offenses to quickly remove abusers from the home, to protect the victims over whom the abusers exert control, and to safeguard law enforcement responding to domestic calls.

Together, we do everything, and we will do everything we can to get firearms out of the hands of those who have engaged in domestic abuse. In concert with our work to protect survivors and promote healing, this will save lives.

I know that for many of the people in this room, the success story of the Violence Against Women Act is personal. It reflects remarkable vision, decades of advocacy and hard work, steadfast commitment to survivors, and even triumph over personal tragedy.

To all of you, thank you. You have changed our world. You have saved, and you have improved countless lives.

l look forward to our continued work together.

Thank you for being here today.

Former Wisconsin Prison Employee Pleads Guilty to Bribery

Source: United States Department of Justice Criminal Division

A Wisconsin man pleaded guilty today to smuggling contraband into a state maximum-security prison in exchange for bribes.

According to court documents, William Lee Homan, 47, of Fox Lake, a former facilities repair worker at Waupun Correctional Institution (WCI), received approximately 125 bribe payments totaling approximately $53,579 from July 17, 2022, to Sept. 30, 2023, from inmates, former inmates, and their associates in exchange for smuggling contraband into WCI.

Homan pleaded guilty to conspiracy to commit federal program bribery. He is scheduled to be sentenced on Dec. 12 and faces 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.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, and U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin made the announcement.

The FBI Milwaukee Field Office investigated the case.

Trial Attorney Aaron L. Jennen of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Zachary J. Corey for the Eastern District of Wisconsin are prosecuting the case.

Justice Department Secures Agreement with Johns Hopkins Health System to Provide People with Disabilities Equal Access to Medical Care

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it filed a complaint and proposed consent decree in the U.S. District Court for the District of Maryland resolving allegations that the Johns Hopkins Health System Corporation (Johns Hopkins) violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.

“Patients with disabilities may need the assistance of a support person, like a family member or aide, to have equal access to health care, especially during emergencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Policies and training go hand in hand when it comes to ensuring that health care providers and their employees are protecting patient rights and not excluding support persons improperly. Ensuring equal access to medical care is a priority for the Justice Department.”

“Patients with disabilities deserve equal access to healthcare,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Appropriate medical care often requires them to be accompanied by essential support persons. Johns Hopkins’ recommitment to meeting the needs of its patients with disabilities and ensuring that they are treated with dignity and respect is a welcome outcome of this agreement.”

Some individuals with dementia, intellectual disabilities, autism spectrum disorder and other disabilities may require the assistance of a support person (such as a family member, personal assistant or other individual knowledgeable about them) when accessing medical care. Support persons can help individuals with disabilities to communicate, such as providing their medical history and answering questions, and to understand what is happening, such as medical instructions they are given during their care and discharge.

The complaint alleges that Johns Hopkins failed on numerous occasions to follow its own policies on visitors and support persons and did not permit patients with disabilities to be accompanied by their support persons. As a result, these patients were unable to receive equal care. Title III of the ADA requires private hospitals and other health care providers to provide individuals with disabilities with full and equal enjoyment of their goods and services.

Under the proposed consent decree, which the court must approve, Johns Hopkins has agreed to pay $150,000 to compensate multiple affected individuals. Johns Hopkins will also update its support person policies to ensure ADA compliance, train its employees on its support person policies and the ADA and report to the department on any future complaints regarding support persons.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Maryland handled the matter.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you’ve been discriminated against, you may file a complaint online at www.civilrights.justice.gov/. Anyone in the District of Maryland may also report civil rights violations by emailing USAMD.Civilrightscomplaint@usdoj.gov.

California Businessman and His Companies Resolve False Claims Act Allegations Relating to Improper Paycheck Protection Program Loans

Source: United States Department of Justice Criminal Division

Yosef Y. Manela, a Los Angeles-based businessman who owns and operates an accounting firm, law firm and consulting company, has paid $802,341.40 to the United States to resolve allegations that he and his three companies violated the False Claims Act in connection with six loans the businesses received under the Paycheck Protection Program (PPP). Manela and his companies also agreed to repay the lender for all outstanding PPP loans, relieving the Small Business Administration (SBA) of liability to the lender for the federal guaranty of approximately $728,000.

The PPP, an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security (CARES) Act and administered by the SBA, was intended to support small businesses struggling to pay employees and other business expenses during the COVID-19 pandemic. A borrower applying for a PPP loan was required to make multiple certifications that the borrower was eligible for the requested loan and the borrower would not receive another PPP loan. The borrower was also required to certify that the funds would be used for qualifying expenses, such as payroll, lease payments, utilities and other allowable business expenses. In December 2020, Congress approved funding for a “second draw” of PPP loan funds, which became available to borrowers beginning in January 2021.

The United States alleged that Manela and his companies received a total of six first and second draw PPP loans based on duplicative payroll expenses for multiple businesses and/or on behalf of non-existent employees. According to the United States, Manela and his companies made capital distributions of business profits to Manela’s family members that were falsely characterized as wages in PPP loan applications and forgiveness applications. The United States alleged that these false loan and forgiveness applications resulted in losses to the SBA for processing fees, interest and payment to the lender on a loan guarantee.

“PPP loans were intended to provide critical relief to small businesses facing difficult economic times due to the COVID-19 pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department is committed to pursuing those who improperly sought to enrich themselves at the expense of the PPP or other pandemic-assistance programs.”

“Every taxpayer dollar lost to unscrupulous individuals during the COVID-19 pandemic is money that failed to reach businesses struggling for survival,” said U.S. Attorney Martin Estrada for the Central District of California. “It is important that we uphold the integrity of pandemic-related assistance programs.”

“The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the Department of Justice, SBA’s Office of Inspector General and other Federal law enforcement agencies, to address fraud on the PPP,” said General Counsel Therese Meers of the SBA.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Relator LLC, a limited liability corporation formed by California attorneys Anoush Hakimi and Peter Shahriari. 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 case is captioned U.S. ex rel. Relator LLC v. Yosef Y. Manela et al., Case No. 2:22-cv-04781-MWF-ASx (CDCA). Relator LLC will receive approximately $80,000 as its share of the total settlement.  

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and U.S. Attorney’s Office for the Central District of California, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Allie Pang of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Paul La Scala for the Central District of California handled the matter, with the assistance of Civil Division Investigator Wanda Wesley and Paralegal Heather Beckler for the Central District of California. Sandra Mazzoni, of the SBA’s Office of Inspector General, also provided investigative assistance.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

Security News: Justice Department Secures Agreement with Johns Hopkins Health System to Provide People with Disabilities Equal Access to Medical Care

Source: United States Department of Justice 2

The Justice Department announced today that it filed a complaint and proposed consent decree in the U.S. District Court for the District of Maryland resolving allegations that the Johns Hopkins Health System Corporation (Johns Hopkins) violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.

“Patients with disabilities may need the assistance of a support person, like a family member or aide, to have equal access to health care, especially during emergencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Policies and training go hand in hand when it comes to ensuring that health care providers and their employees are protecting patient rights and not excluding support persons improperly. Ensuring equal access to medical care is a priority for the Justice Department.”

“Patients with disabilities deserve equal access to healthcare,” said U.S. Attorney Erek L. Barron for the District of Maryland. “Appropriate medical care often requires them to be accompanied by essential support persons. Johns Hopkins’ recommitment to meeting the needs of its patients with disabilities and ensuring that they are treated with dignity and respect is a welcome outcome of this agreement.”

Some individuals with dementia, intellectual disabilities, autism spectrum disorder and other disabilities may require the assistance of a support person (such as a family member, personal assistant or other individual knowledgeable about them) when accessing medical care. Support persons can help individuals with disabilities to communicate, such as providing their medical history and answering questions, and to understand what is happening, such as medical instructions they are given during their care and discharge.

The complaint alleges that Johns Hopkins failed on numerous occasions to follow its own policies on visitors and support persons and did not permit patients with disabilities to be accompanied by their support persons. As a result, these patients were unable to receive equal care. Title III of the ADA requires private hospitals and other health care providers to provide individuals with disabilities with full and equal enjoyment of their goods and services.

Under the proposed consent decree, which the court must approve, Johns Hopkins has agreed to pay $150,000 to compensate multiple affected individuals. Johns Hopkins will also update its support person policies to ensure ADA compliance, train its employees on its support person policies and the ADA and report to the department on any future complaints regarding support persons.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Maryland handled the matter.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov. If you believe you’ve been discriminated against, you may file a complaint online at www.civilrights.justice.gov/. Anyone in the District of Maryland may also report civil rights violations by emailing USAMD.Civilrightscomplaint@usdoj.gov.