Department of Justice Announces a Critical Response Review of the Philadelphia Police Department under the COPS Office’s Collaborative Reform Initiative

Source: United States Department of Justice

The Justice Department’s Office of Community Oriented Policing Services (COPS Office) today announced that it will offer assistance to the Philadelphia Police Department (PPD) under its Critical Response program — part of the office’s Collaborative Reform Initiative.

Through this assistance, the COPS Office — in conjunction with the National Policing Institute (a Critical Response provider) — will work with the PPD to improve the process for removing abandoned cars within the city. The goal of this work is to lower the number of abandoned cars in the city, reduce crime, and improve relations with community members.

“One of the tenets of community policing is working with the community to address the public safety issues that are at the top of their priority list,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “That is what the Philadelphia Police Department has done here, and the Department of Justice is thrilled to support this work.”

“When a police department truly listens to its community, trust grows and partnerships strengthen,” said Director Hugh T. Clements, Jr. of the COPS Office. “In this case, the Philadelphia Police Department has worked closely with its community to understand their public safety priorities and we look forward to working with them to further their goals.”

The Collaborative Reform Initiative encompasses three programs offering expert services to state, local, territorial, and Tribal law enforcement agencies: the Collaborative Reform Initiative Technical Assistance Center, Critical Response, and Organizational Assessment programs (complete details of these programs can be found at cops.usdoj.gov/collaborativereform). Managed out of the COPS Office, this continuum of services is designed to build trust between law enforcement agencies and the communities they serve; improve operational efficiencies and effectiveness; enhance officer safety and wellness; build agencies’ capacity for organizational learning and self-improvement; and promote community policing practices nationwide.

The Critical Response program is designed to provide targeted technical assistance (TA) to state, local, territorial, and Tribal law enforcement agencies experiencing high-profile events, major incidents, or sensitive issues of varying need. Critical Response is highly customizable by providing flexible assistance to law enforcement agencies that have recently experienced a critical incident or identified an issue of significant community concern in their department’s operations. The TA generally falls into three categories: (1) immediate delivery of TA to address a pressing and acute need, (2) data analysis, and (3) after-action reviews to understand and learn from law enforcement and public safety responses to critical incidents or issues.

The COPS Office is the federal component of the Justice Department responsible for advancing community policing nationwide. The only Justice Department agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to more than 13,000 state, local, territorial, and Tribal law enforcement agencies to fund the hiring and redeployment of approximately 138,000 officers.

Justice Department Secures Agreement Preventing Animal Welfare Act Violations at Ohio Auction House

Source: United States Department of Justice Criminal Division

In a consent decree entered today by the U.S. District Court for the Northern District of Ohio, Mt. Hope Auction Co. agreed to monitoring and future restrictions to prevent it from violating the Animal Welfare Act (AWA) through future auctions of exotic or other AWA-regulated animals.

In September, the United States filed a complaint against Mt. Hope Auction, alleging that it was placing animals in serious danger and violating the AWA and its regulations and standards during the Mid-Ohio Alternative Animal and Bird Sales that it held three times a year. Each of these auctions featured thousands of animals, including over 200 different species ranging from parrots to exotic cattle breeds to animals listed under the Endangered Species Act like ring-tailed lemurs.

At the time of the complaint, Mt. Hope had been cited for 69 AWA violations in less than two years, including repeat violations for failing to provide veterinary care to sick or injured animals, allowing unsafe or unsanitary animal enclosures, and allowing the public to touch animals — including potentially dangerous coyotes, fox and bobcats — without proper barriers or employee supervision. The complaint also alleged that Mt. Hope had accepted hundreds of animals from sellers who did not hold the required license from the Department of Agriculture (USDA), becoming a hub for unlawful and poorly documented sales that could proliferate the inhumane care of animals.

The court entered a temporary restraining order against Mt. Hope on Sept. 13, requiring the auction company to comply with several AWA requirements at its September Alternative Animal and Bird Sale. Mt. Hope canceled that sale. Mt. Hope’s USDA license was set to expire at the end of the September, and after failing to demonstrate compliance at two inspections, Mt. Hope declined the third and final opportunity for a re-licensing inspection and terminated the re-licensing process.

“In recent years, Mt. Hope Auction has auctioned off more than 5,000 animals annually, which underscores the widespread effect of their violations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The company’s ‘business as usual’ approach — risking injury, illness and harm to the animals at its auctions — will not continue. It is important for auction houses dealing in regulated animals to abide by the Animal Welfare Act and provide humane treatment to the animals that come through their doors.”

“USDA is committed to ensuring the safety and wellbeing of animals protected under the Animal Welfare Act,” said Deputy Administrator Sarah Helming for USDA’s Animal Care program. “The partnership between USDA and DOJ helps to ensure enforcement of the AWA regulations for those who put regulated animals at risk.”

“Despite numerous opportunities to correct their business practices, Mt. Hope Auction chose not to comply,” said U.S. Attorney Rebecca Lutzko for the Northern District of Ohio. “Their complete disregard for the laws regarding animal welfare and treatment placed both these animals and the public at large in danger. As this case demonstrates, we will hold accountable businesses that seek to profit from treating animals inhumanely.”

Under the consent decree, Mt. Hope Auction agrees to not deal in or exhibit AWA-regulated animals without a license, and to allow the Department of Agriculture (USDA) access to ensure compliance with this provision. Moreover, if Mt. Hope Auction applies for and obtains a new USDA license within the next three years, it agrees to enter a two-year probationary period.

During the probationary period, Mt. Hope Auction agrees to comply with AWA requirements to provide adequate veterinary care to animals consigned at the auctions; handle animals carefully; prevent the public from contacting animals without a responsible employee present; ensure that all facilities and enclosures are sanitary, in good repair and meet the minimum AWA standards; and create and maintain complete and accurate records. Mt. Hope also agrees to maintain veterinary records to allow for future monitoring of veterinary care. If Mt. Hope is found to have repeatedly violated the same AWA regulations and standards during the probationary period that were the subject of the United States’ claims, its AWA license will be permanently revoked.

USDA investigated the case and filed a parallel administrative enforcement action.

Senior Trial Attorney Devon Flanagan and Trial Attorneys Kamela Caschette and Taylor Mayhall of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section prosecuted the case, with support from USDA’s Office of General Council and Animal and Plant Health Inspection Service and the assistance of Assistant U.S. Attorneys Kathryn Andrachik and Elizabeth Deucher for the Northern District of Ohio. 

Former California Man Sentenced for Tax Fraud

Source: United States Department of Justice Criminal Division

A former California resident was sentenced today to 27 months in prison for conspiring to file false claims against the United States.

According to court documents and statements made in court, from 2016 to 2020, Richard Jason Mountford, now of Las Vegas, conspired with another person to submit false individual income tax returns seeking refunds to which they were not entitled. Mountford and his co-conspirator filed false income tax returns in their own names, as well as in the names of two other unwitting individuals, that falsely reported they received wages from which taxes were withheld, and then claimed a refund based on those withholdings. Most of the returns filed as part of the scheme also falsely reported the payment of alimony to increase the refund amount.

As a result of his criminal conduct, Mountford and his co-conspirator received $873,723.53 from the IRS. Mountford deposited $757,075.53 of those funds into his own bank accounts and subsequently purchased nearly $360,000 worth of new cars. Mountford also distributed about $170,000 in cash and gold bars to his co‑conspirator as compensation for his role in the scheme.

In addition to his prison sentence, U.S. District Judge Troy L. Nunley for the Eastern District of California ordered Mountford to serve one year of supervised release and to pay $757,075.53 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Phillip A. Talbert for the Eastern District of California made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys John C. Gerardi and Charles A. O’Reilly of the Tax Division and Assistant U.S. Attorney Dhruv M. Sharma for the Eastern District of California prosecuted the case.

Rydox Cybercrime Marketplace Shut Down and Three Administrators Arrested

Source: United States Department of Justice Criminal Division

The Justice Department today announced the seizure of Rydox, an illicit website and marketplace dedicated to selling stolen personal information, access devices, and other tools for carrying out cybercrime and fraud, and the arrest of Rydox administrators and Kosovo nationals Ardit Kutleshi, 26, and Jetmir Kutleshi, 28. Both defendants were arrested earlier today in Kosovo by Kosovo law enforcement pursuant to a U.S. request for extradition. They are currently awaiting extradition to the United States to face an indictment unsealed today in the Western District of Pennsylvania.

A third administrator of the Rydox marketplace, Kosovo national Shpend Sokoli, was also arrested earlier today in Albania by Albania’s Special Anti-Corruption Body (SPAK). Sokoli is expected to be charged and prosecuted in Albania.

According to the indictment, the Rydox marketplace has conducted over 7,600 sales of personally identifiable information (PII), stolen access devices, and cybercrime tools, which generated at least $230,000 in revenue since its inception in or around February 2016. These sales included PII, credit card information, and login credentials stolen from thousands of victims residing in the United States. In addition, the Rydox site has offered for sale at least 321,372 cybercrime products to over 18,000 users including stolen PII such as names, addresses, and social security numbers; access devices such as stolen credentials for online accounts and credit card information; and cybercrime tools such as scam pages, spamming logs, and spamming tutorials.

“The indictment alleges that, for more than eight years, the defendants administered an illicit online marketplace that sold PII, credit card information, and login credentials that had been stolen from thousands of U.S. victims,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today, we announce that, working with our domestic and foreign law enforcement partners, we have dismantled the marketplace, arrested its administrators, and seized their criminal proceeds. This announcement is a powerful demonstration of the value of our partnerships on cybercrime, without which these arrests and seizures would not have been possible.”

“The Rydox marketplace was a one-stop shop where upwards of 18,000 of its cybercriminal customers could choose from more than 300,000 cybercrime tools,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “While cybercrime often involves conduct occurring overseas and the actions of foreign nationals, its harms can be devastatingly local, with residents in our own communities suffering financial ruin as a result of the theft and misuse of their sensitive personal information. Today’s takedown reinforces our steadfast message that the Western District of Pennsylvania and our domestic and international law enforcement partners will use every available tool to hold accountable those who pursue illicit profit at the expense of ordinary citizens around the world.”

“The success of this international operation underscores the power of collaboration between the FBI and our partners worldwide,” said Special Agent in Charge Kevin Rojek of the FBI Pittsburgh Field Office. “It also serves as a clear warning: those who go after innocent people for financial gain will be pursued and brought to justice no matter where they are in the world. This operation marks a major blow against the criminal underground that seeks to profit from stolen information and fuels global cybercrime.”

As part of the actions announced today, the United States also obtained judicial authorization to seize the domain www.Rydox.cc, which hosted and facilitated access to the Rydox website. The seizure of this domain by the government will prevent the owners and third parties from using the site to continue to buy and sell cybercrime tools and stolen personal information. Anyone visiting this site will now see a seizure banner that notifies them that the domain has been seized by federal authorities.

Rydox Domain Splash Page

In coordination with today’s actions, the FBI and Royal Malaysian Police seized servers in Kuala Lumpur, Malaysia, that hosted the Rydox illicit marketplace and took the Rydox website offline. The United States also obtained judicial authorization to seize approximately $225,000 worth of cryptocurrency from accounts controlled by the defendants.

Ardit Kutleshi and Jetmir Kutleshi are each charged with two counts of identity theft, one count of conspiracy to commit identity theft, one count of aggravated identity theft, one count of access device fraud, and one count of money laundering, all arising from their roles as administrators of the Rydox website. If convicted, they each face a maximum penalty of 20 years in prison for the money laundering offense, a maximum penalty of 10 years in prison for the access device fraud offense, a maximum penalty of five years in prison for each of the identity theft offenses, and a mandatory minimum sentence of two years in prison for the aggravated identity theft charge, which is required to run consecutively to any other sentence imposed. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Pittsburgh Field Office investigated this case in coordination with the Kosovo State Prosecutor’s Special Prosecution Office, Kosovo Police’s Cybercrime Investigation Directorate, SPAK, Attorney General’s Chambers of Malaysia, and Royal Malaysia Police’s Commercial Crime Investigation Department.

Senior Counsel Thomas Dougherty of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Nicole Stockey for the Western District of Pennsylvania are prosecuting the case. The Justice Department’s Office of International Affairs provided significant assistance.

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

Assistant Attorney General Kristen Clarke Delivers Remarks Announcing Consent Decree with Louisville Metro Government and Louisville Metro Police Department

Source: United States Department of Justice

Remarks as Prepared for Delivery

Good morning. My name is Kristen Clarke, Assistant Attorney General for Civil Rights at the U.S. Department of Justice. I am pleased to stand today with Louisville Mayor Craig Greenberg and Louisville Metro Police Department Chief Paul Humphrey.

As the Mayor shared, the Justice Department and Louisville Metro Government have agreed to a court-enforceable consent decree that addresses the United States’ findings that the metro government and police department engage in a pattern or practice of conduct that violates the Constitution and federal law.

We found that police used excessive force; unlawfully executed search warrants without knocking and announcing themselves; carried out unlawful stops, searches and arrests; engaged in discriminatory policing with respect to low-level traffic stops and other enforcement activity; violated the rights of people engaged in protected speech during demonstrations critical of policing; and treated people with behavioral health disabilities unlawfully. This conduct harmed community members and undermined public trust in law enforcement that is essential for public safety.

This consent decree marks a new day for Louisville. Our standing together today makes clear that Louisville and the United States share the goals of promoting public safety, ensuring constitutional policing and strengthening trust between community and law enforcement. This consent decree outlines specific reforms and measurable standards that will help achieve these goals. Implementing these reforms will ensure constitutional policing; promote public safety; and safeguard people’s civil rights.

I want to take a moment to outline specific provisions of the consent decree. Under the decree:

  • The police department will revise its use-of-force policies and training. New policies will ensure that officers employ de-escalation strategies, limit dangerous tactics and refrain from using force to punish or retaliate against people.
  • The department will improve its residential search warrant practices. This includes safeguards on use of confidential informants; thorough review of search warrant applications; and safe and lawful tactics during warrant executions.
  • The department will ensure that its stops, searches and arrests are constitutional and that its enforcement practices do not discriminate based on race. The department will develop alternatives to arrests and citations for minor issues like broken taillights.
  • The department will strengthen its responses to and investigations of sexual assault and domestic violence, including investigations into alleged officer sexual misconduct.
  • The metro government and police department will improve their response to public demonstrations and protests that are critical of policing.
  • The metro government and police department will improve training, supervision and accountability systems for officers. They will ensure fair and objective investigations of alleged misconduct and continue to support civilian oversight in Louisville.
  • Significantly, Louisville Metro will seek to provide non-police responses to situations involving behavioral health crises or unhoused people in situations that don’t require a law enforcement presence.

In addition, provisions of the decree require strengthening efforts to promote officer wellness — reflecting a recognition of the real strain and stress that many officers face on the job.

I want to take a moment to speak about process and outline our next steps. Today the department is filing a complaint in federal court that outlines the violations of law. And, jointly with the city, we are filing a consent decree with the court to address the violations of law. We are asking the court to issue an order approving the terms of the decree. The city and the Justice Department will then move to select an independent monitor who will serve as a neutral third party confirming the city and police department’s compliance with requirements of the decree. We are committed to moving earnestly and swiftly down the path of reform set forth in this decree. The Justice Department will move to terminate provisions of the decree as substantial compliance is achieved. We will work ambitiously to achieve full compliance in the road ahead.

The community has played and will continue to play a central role in the implementation of the consent decree.

We have every confidence that Louisville can and will satisfy the requirements of the consent decree. As Mayor Greenberg has shared, the city has not been standing by idly and has already undertaken significant reforms. The city banned no-knock search warrants; piloted a program to send behavioral health professionals to some 911 calls; expanded its community-based violence prevention services; and enhanced its support for officers’ health and wellness.  At the end of this process, we expect that the Louisville Police Department will be a model police department and a shining example of constitutional policing.

Across the country, our consent decrees have a demonstrable track record of reform achieved alongside decreasing misconduct by police and decreasing  rates of crime. In cities like Seattle, New Orleans, Baltimore, and Albuquerque, we have seen sharp declines in unreasonable use of force; unlawful stops and searches; and harmful interactions with people experiencing behavioral health crises. At the same time, we have seen crime decrease in these cities.

At the end of the day, the people of Louisville deserve constitutional and effective policing, and nothing less. Police officers and metro government employees deserve clear policies, high quality training and the support necessary to do their jobs safely, effectively and lawfully.

Four years ago, after 26-year-old Breonna Taylor was shot and killed by Louisville police officers in her own home in the middle of the night, Louisville, like many cities around the country, experienced protests and civil unrest. Thousands of people marched and gathered downtown for months. They called for racial justice and police accountability. They returned, day after day, to Jefferson Square Park, which they called Injustice Square or Breeway.

Shortly after Ms. Taylor’s tragic death, the Justice Department opened a comprehensive civil investigation into the metro government and police department, focusing on systemic issues.

I am proud to stand, shoulder to shoulder, with Mayor Greenberg, Chief Humphrey and their team. Together, we have agreed upon a consent decree that outlines reforms and the pathway to constitutional policing. No doubt, this consent decree includes the strong medicine necessary to cure violations of law and promote healing in the community.

Let me say — police officers have demanding and dangerous jobs. We all know that most officers act honorably under challenging circumstances and at great personal risk. Now we will have an enforceable court order that provides the guidance and tools to truly strengthen their efforts to promote public safety.

People in Louisville have long advocated for constitutional policing. Their voices, input, and investment in this process will be essential in implementing reform. I want to encourage the public to be vigilant and patient — police reform does not happen overnight. This process will take time and will reap dividends down the line. We will call on residents to attend public meetings and hearings, join advisory committees and comment on draft policies and training. And, just as they have for decades, residents can and should push for changes beyond the consent decree process — federal law is a floor, not a ceiling on what is possible.

I want to close by thanking Mayor Greenberg and Chief Humphrey for their extraordinary leadership and I want to recognize the dedicated career attorneys and professionals in the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Kentucky, for their work on this important matter. They are, and have always been, the true backbone of the Justice Department.

At this time, Chief Humphrey will offer remarks. Thank you.