Category: US Department of Justice

Source: United States Department of Justice Criminal Division

Today, Attorney General Pamela Bondi moved to intervene in American Alliance for Equal Rights v. Bennett. The lawsuit challenges Illinois’ first in the nation law that requires nonprofits to publicly disclose demographic information, such as race, ethnicity, gender, sexual orientation, and gender identity, of its officers and directors.

The intent of the statute is to encourage nonprofits to discriminate under the guise of making nonprofit boards more “diverse.” President Trump and Attorney General Bondi are dedicated to ending DEI and restoring merit-based opportunity nationwide, and in all sectors.

Today’s intervention is an early step toward eradicating illegal race and sex preferences across the government. “The United States cannot and will not sit idly while a state denies its citizens equal protection under the guise of diversity,” said Attorney General Bondi. “Discrimination in all its forms is abhorrent and must be eliminated.  The Department of Justice will continue to exercise its statutory right to intervene in cases whenever a state encourages DEI instead of merit.”

“This is a case of immense public importance because, as the Supreme Court recognized, ending ‘discrimination means eliminating all of it,’” said Acting Associate Attorney General Chad Mizelle. “This intervention seeks to eliminate discrimination via DEI and ensure the Constitution’s guarantee of equal protection is enforced.”

Source: United States Department of Justice

A Hawaii man pleaded guilty yesterday to sexual abuse of inmates under his custody or control.

According to court documents, Mikael Rivera, 47, of Kapolei, was a correctional officer at the Federal Detention Center in Honolulu from approximately 2014 to 2018. While on duty as a correctional officer, Rivera committed multiple sexual acts with one inmate who did not consent and engaged in sexually abusive conduct with two additional inmates under his supervision.

Rivera pleaded guilty to six counts of sexual abuse of a ward. He is scheduled to be sentenced on July 3 and faces a maximum penalty of 15 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Supervisory Official Antoinette T. Bacon of the Justice Department’s Criminal Division, Acting U.S. Attorney Ken Sorenson for the District of Hawaii, and Special Agent in Charge Zachary Shroyer of the Department of Justice Office of the Inspector General (DOJ-OIG) Western Region made the announcement.

DOJ-OIG is investigating the case with assistance from the FBI.

Trial Attorney Nicole Lockhart of the Criminal Division’s Public Integrity Section (PIN) and Assistant U.S. Attorney Sara Ayabe for the District of Hawaii are prosecuting the case, with substantial assistance from former PIN Deputy Chiefs Jennifer Clarke and Marco Palmieri.

Source: United States Department of Justice Criminal Division

A West Virginia man was sentenced yesterday to three years in prison for not paying the taxes withheld from employees’ wages at an ambulance service he operated and obstructing the IRS’ efforts to collect those taxes.

According to court documents and evidence presented in court, from 2012 through part of 2017, Christopher Jason Smyth operated Stat EMS LLC, an ambulance service located in Pineville. Smyth created Stat EMS after a previous ambulance business Smyth operated accrued millions of dollars of employment tax liabilities and filed for bankruptcy. Smyth caused Stat EMS to be founded in the name of a nominee owner but continued operating the business in the same manner as before.

At Stat EMS, Smyth was responsible for withholding Social Security, Medicare and income taxes from employees’ wages and paying them to the IRS.  For years, however, Smyth did not fully pay the taxes to the IRS. Instead, he paid various personal expenses and transferred funds to businesses held by his friends and family. The IRS determined that Stat EMS accrued approximately $3.3 million in unpaid taxes.

Eventually, the IRS assessed the unpaid taxes against Smyth personally and attempted to collect those assessments from him. When interviewed by an IRS revenue officer attempting to collect Smyth’s unpaid tax debts, Smyth stated that he had no personal bank accounts and denied that he used anyone else’s. In reality, however, he regularly deposited his paychecks into an account in a relative’s name. He also attempted to mislead the revenue officer by representing that he had nothing to do with several other businesses, even though he had signature authority over their bank accounts.

Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

IRS Criminal Investigation investigated the case.

Assistant Chief David Zisserson and Trial Attorneys Kavitha Bondada and Andrew Ascencio of the Tax Division, along with Assistant U.S. Attorney Erik Goes for the Southern District of West Virginia, prosecuted the case.

Source: United States Department of Justice

The Justice Department filed a statement of interest today in the Western District of Pennsylvania supporting a lawsuit brought by the Hope Rising Community Church, which alleges that the Borough of Clarion’s zoning code violates the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The statement of interest was filed in Hope Rising Community Church v. Borough of Clarion, a lawsuit alleging that the Borough violated RLUIPA by enacting and enforcing zoning provisions that treat religious uses less favorably than similar secular assemblies. The lawsuit alleges that the Church has outgrown its current facility and that the only suitable property in the Borough is located in the Borough’s C-2 Commercial District. This District does not allow houses of worship, but permits nonreligious assembly uses like theaters and civic/cultural buildings. When the Church approached the Borough about using the property for religious purposes, Borough officials allegedly told the Church that the Borough would not grant zoning approval and that the Borough did not “need any more Churches.”    

“Congress enacted RLUIPA to ensure that zoning ordinances treat religious assemblies on par with nonreligious assemblies,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “Zoning codes that prohibit religious uses while permitting comparable secular uses violate RLUIPA. Central to the Civil Rights Division’s mission is combatting religious discrimination and ensuring that houses of worship receive equal treatment under the law. We will continue to protect the foundational right of all Americans to religious freedom.”

The Borough filed a motion to dismiss the Church’s lawsuit, arguing in part that the Church had failed to properly allege an equal terms claim under RLUIPA and that the Church was not sufficiently injured by the Borough’s conduct to assert such a claim. The Department’s statement of interest refutes these contentions, explaining that the Church has properly alleged an equal terms claim and that the Church, which cannot develop its proposed religious facility, has suffered a concrete injury.

RLUIPA is a federal law that protects persons and religious institutions from unduly burdensome, unequal or discriminatory land use regulations. More information about RLUIPA and the Department’s efforts to enforce it can be found on the Place to Worship Initiative’s webpage.

Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal.

Source: United States Department of Justice Criminal Division

The Department of Justice announced today that it has filed a statement of interest in federal court in California to promote the correct and uniform interpretation of federal law protecting access to places of religious worship. The case involves allegations that a violent mob used violence, intimidation, and threats to prevent congregants from accessing the Adas Torah Synagogue. The statement of interest is part of the Department’s nationwide efforts to promote freedom of religious worship and combat antisemitism in all of its forms.

“Every person should be free to worship and attend religious services without fear of violence, threats, or intimidation,” said Deputy Assistant Attorney General for Civil Rights Mac Warner. “The Civil Rights Division is working vigorously to combat antisemitism using all of the tools at our disposal.”

As part of that effort, the Department of Justice recently announced the formation of a multi-agency task force coordinated by the Civil Rights Division to combat antisemitism, which is visiting 10 university campuses that have experienced antisemitic events.

In this case, private plaintiffs sued CodePink Women for Peace, CodePink Action Fund, WESPAC Foundation, Honor the Earth, Courtney Lenna Schirf, Remo Ibrahim, doing business as Palestinian Youth Movement, and various unnamed individuals. They allege that these organizations and individuals violated provisions of the Freedom of Access to Clinic Entrances Act (FACE Act) that protect access to places of religious worship. The United States’ Statement of Interest addresses physical obstructions of places of religious worship.

“Members of our Jewish community should not have to think about their safety when they go to worship,” said Acting U.S. Attorney Joseph McNally for the Central District of California. “We make clear today that federal law prohibits people from obstructing access to places of worship.”

To learn more about the Civil Rights Division visit www.justice.gov/crt, and to report possible violations of federal civil rights laws go to www.civilrights.justice.gov or call toll-free at 800-253-3931.