Justice Department Sues to Shut Down Florida Return Preparer

Source: United States Department of Justice

The Justice Department filed a civil injunction suit yesterday in federal court in Fort Lauderdale, Florida. The suit seeks to bar a Broward County, Florida, tax return preparer and his business from owning or operating a tax return preparation business and preparing tax returns for others.

The complaint alleges that Suni Ramchandani and his business SR Chandra Inc., doing business as AHS Income Tax Service, prepare federal tax returns for customers on which the preparers claim fraudulent deductions and credits to purposely underreport the tax their customers owe and claim refunds their clients are not entitled to receive. Specifically, the complaint alleges that Ramchandani and AHS prepare returns with false or inflated deductions, business expenses and business losses, as well as false claims for residential energy credits, fuel tax credits and other credits. The complaint also alleges that Ramchandani and AHS file returns that include a Form 8888 (Allocation of Refund), diverting customers’ additional refund amounts to bank accounts associated with Ramchandani without their customers’ knowledge or consent.

The government further alleges that Ramchandani and AHS prepare thousands of tax returns each year, and that when the IRS examined dozens of returns for 2022 and 2023, between 78-82% of the examined returns had errors and fabrications. According to the complaint, the repeated understatement of tax has harmed the United States by causing a revenue loss of approximately $11 million over the past two years. In addition to seeking an injunction against Ramchandani and AHS, the government has requested an order of disgorgement to prevent them from profiting from their violation of the internal revenue laws.

Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.

Taxpayers seeking a return preparer should remain vigilant against unscrupulous tax preparers. The IRS has information on its website for choosing a tax return preparer and has launched a free directory of federal tax preparers. The IRS also offers guidance on the credentials and qualifications that taxpayers should seek from their return preparer.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $79,000. For individuals whose income is over that threshold, IRS Free File offers electronic federal tax forms that can be filled out and filed online for free.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Justice Department Files Civil Rights Lawsuit Against Iowa Landlord for Sexually Harassing Tenants

Source: United States Department of Justice

The Justice Department announced today that it has filed a lawsuit against Kurt Williams and Gearhead Properties LC, of Davenport, Iowa, for sexually harassing female tenants in violation of the Fair Housing Act (FHA). Williams has managed residential rental properties in Davenport since at least 2010.

The lawsuit, filed in the U.S. District Court for the Southern District of Iowa, alleges that, since at least 2010, Williams subjected female tenants to unwelcome sexual contact, exposed his genitals to female tenants, made requests for sex in exchange for reduced rent or other housing benefits and evicted tenants when they did not give in to his sexual advances.

“Landlords who target vulnerable women by repeatedly demanding sex for themselves and their friends and retaliating against those who refuse with eviction actions and refusals to make repairs show an egregious abuse of power,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to protecting tenants’ right to live in and access housing free of sexual harassment. We encourage survivors of sexual harassment to speak out so that we can vindicate their fair housing rights.”

“Seeking basic human needs such as housing, should not bring with it the threat of sexual harassment,” said U.S. Attorney Richard D. Westphal for the Southern District of Iowa. “Gearhead Properties is alleged to have violated the rights of tenants to be free from this type of harassment. Our office and the Justice Department will continue to protect and vindicate tenant’s rights. Improper interference with a tenant’s right to housing will not be tolerated. Anyone with information about the Gearhead Properties investigation are encouraged to contact our office at the number below.”

The lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, civil penalties to vindicate the public interest, and a court order barring future discrimination.

The lawsuit is the result of a joint investigative effort with the Department of Housing and Urban Development Office of Inspector General (HUD-OIG).

“It is unconscionable for landlords to sexually harass or abuse their vulnerable, low-income tenants,” said Inspector General Rae Oliver Davis of HUD. “The defendant allegedly preyed upon female tenants by seeking sexual acts in exchange for housing benefits and retaliating against them when they refused his advances.  Together with our law enforcement partners we will continue to hold landlords accountable for this type of horrible conduct.”

The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. It also prohibits sexual harassment, a form of sex discrimination. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental properties owned or managed by Kurt Williams or Gearhead Properties LC, or who have other information that may be relevant to this case, may contact the Justice Department by calling the U.S. Attorney’s Office for the Southern District of Iowa at (515) 473-9300. Individuals may also email the Justice Department at fairhousing@usdoj.gov or submit a report online. Reports also may be made by contacting HUD at 1-800-669-9777 or by filing a complaint online.

The Justice Department launched its Sexual Harassment in Housing Initiative in October 2017. The initiative, which is led by the Civil Rights Division in coordination with U.S. Attorneys’ Offices across the country, seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 48 lawsuits alleging sexual harassment in housing and recovered over $17 million for victims of such harassment. The Civil Rights Division is committed to protecting people from sexual misconduct.

Lead Defendants of Prolific Human Smuggling and Money Laundering Network Sentenced in Joint Task Force Alpha Investigation

Source: United States Department of Justice

A Texas woman and man were sentenced to 121 months and 135 months in prison and ordered to pay money judgments of $942,537.00 and $438,119.00, respectively, this week for their roles as the leaders of a human smuggling organization (HSO) that conspired to illegally transport, harbor, and conceal from law enforcement hundreds of undocumented individuals in the United States and launder the proceeds of their illicit human smuggling.

“The two defendants sentenced in this case were leaders of a human smuggling operation that endangered vulnerable migrants for profit,” said Attorney General Merrick B. Garland. “Since I directed the formation of Joint Task Force Alpha (JTFA) in 2021, the Justice Department has combatted the threats posed by dangerous human smuggling networks where they originate and operate. Since then, the Justice Department has made over 345 domestic and international arrests and secured 290 convictions.”

“As these sentencings make clear, human smugglers will ruthlessly and dangerously exploit vulnerable people for profit — intending migrants should not believe their false promises of safety and opportunity,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department of Homeland Security (DHS) will continue to work with our federal, state, and international partners to help track down these criminals, disrupt their illegal operations, and bring them to justice — the integrity of our lawful, orderly immigration system demands it.”

“The defendants exploited vulnerable migrants by leading a scheme to unlawfully transport them across the U.S. border, using dangerous methods that risked the migrants’ lives in order to evade detection,” said Principal Deputy Assistant Attorney General Brent S. Wible, head of the Justice Department’s Criminal Division. “Because of illegal operations like this one, more than three years ago we launched JTFA to combat the most prolific and harmful human smuggling organizations. The sentences and forfeitures announced today underscore the Criminal Division’s commitment to working with its JTFA partners to disrupt and dismantle smuggling networks that callously endanger human life for profit.”

“Confining individuals, including minors, in coffin-like spaces with no room to move or breathe, reveals this organization’s complete disregard for human life,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “Those who profit from such human suffering will face justice, and their ill-gotten gains will be stripped away to ensure that crime does not pay.”

According to court documents, Erminia Serrano Piedra, also known as Irma and Boss Lady, 33, and Oscar Angel Monroy Alcibar, also known as Pelon, 41, were leaders of an illegal HSO that unlawfully transported, harbored, and concealed from law enforcement the detection of hundreds of undocumented individuals in the United States. These individuals were citizens of Mexico, Guatemala, Colombia, and elsewhere and they or their families paid members of the HSO to help them travel illegally to and within the United States. Serrano Piedra’s role included directing the operations of the HSO, recruiting members, ordering payments to be made related to the organization’s operation, and instructing members of the HSO to be lookouts for law enforcement. Monroy Alcibar coordinated the smuggling of undocumented individuals and movement of financial proceeds for the HSO.

The HSO used drivers to pick up undocumented individuals near the U.S.-Mexico border and transport them further into the interior of the United States, often harboring them at “stash houses” along the way in locations such as Laredo and Austin, Texas. Drivers for the HSO used various dangerous methods to transport undocumented individuals, including hiding them in suitcases placed in pickup trucks, cramming them in the back of tractor-trailers, covered beds of pickup trucks, repurposed water tankers, and wooden crates strapped to flatbed trailers. The methods used by the HSO to transport undocumented individuals placed their lives in danger, as they were frequently held in contained spaces with little ventilation, which became overheated and made it difficult to breathe, and they were driven at high speeds with no vehicle restraints in the back of trucks and tankers. Members of this HSO commonly referred to the undocumented individuals as “boxes,” “packages,” or “pieces.” Typically, the fee paid to the organization was approximately $8,000, with $3,000 paid up front to smugglers in Mexico and the remainder paid once the undocumented individuals entered the United States.

Further, Serrano Piedra and Monroy Alcibar have admitted in court documents that they conspired to engage in financial transactions designed to conceal the nature, location, source, ownership, and control of ill-gotten proceeds of illicit human smuggling and the unlawful harboring and transportation of undocumented individuals. The leaders of the organization recruited and utilized straw persons to accept human smuggling proceeds in the straw persons’ bank accounts and then transferred these proceeds to the leaders under the pretense of work payments. The defendants also established businesses and opened business accounts in order to transfer the human smuggling proceeds. In addition, the defendants recruited individuals in the construction industry who accepted human smuggling proceeds in the form of cash in exchange for checks from the recruited individuals’ business bank accounts. Serrano Piedra and Monroy Alcibar, both leaders of the HSO, have admitted in court documents that they made significant money from their involvement in human smuggling. Moreover, Serrano Piedra admitted she was going to continue doing this for her lifetime and was not planning to retire.

In addition to the terms in prison, the court entered orders of criminal forfeiture of two properties belonging to one or both of these defendants, which were purchased with the illicit proceeds of human smuggling, recently estimated to have the value of approximately $2,275,000 and $515,000.

Serrano Piedra and Monroy Alcibar were originally charged by indictment in August 2022 and then by superseding indictment in August 2023. Serrano Piedra pleaded guilty on Jan. 4, 2024, to conspiracy to transport and move illegal aliens, transporting aliens for commercial and private financial gain and placing the lives of aliens in jeopardy while doing so, and conspiracy to launder money. Monroy Alcibar pleaded guilty on Jan. 9, 2024, to the same charges.

Including Serrano Piedra and Monroy Alcibar, 14 co-conspirators have been sentenced for their various roles in the HSO, including some for laundering illicit proceeds. The sentences ranged up to 135 months in prison, with money judgments totaling over $2.3 million and forfeiture of interests in real property, including residences located in Bastrop and Elgin, Texas. One other co-conspirator still awaits sentencing.

DHS Office of Inspector General, Homeland Security Investigations (HSI) Laredo, and Customs and Border Protection (CBP)’s U.S. Border Patrol Laredo Sector led U.S. investigative efforts on the case. HSI offices in Austin, San Antonio, Waco, and Corpus Christi, Texas; New Orleans, Louisiana; Gulfport, Mississippi; Mobile, Alabama; West Palm Beach, Florida; and HSI’s Human Smuggling Unit in Washington, D.C.; along with CBP’s National Targeting Center; U.S. Marshals Service; U.S. Immigration and Customs Enforcement Enforcement and Removal Operations — Austin; the Treasury Executive Office for Asset Forfeiture; Police Departments in Laredo, Killeen, Elgin, and Round Rock, Texas, as well as Wiggins, Missouri and Bogalusa, Louisiana; the Webb County Constable’s Office; Webb County District Attorney’s Office; Sheriff’s Offices in Webb, Bastrop, and Caldwell County, Texas, Harrison County, George County, and Stone County, Mississippi, and Mobile County, Alabama; Jefferson Parish and Washington Parish, Louisiana; Mississippi Bureau of Narcotics, and Louisiana State Police provided substantial assistance with the investigation.

Trial Attorneys Christian Levesque and Angela Buckner of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP), Trial Attorney and JTFA Deputy Director Daria Andryushchenko of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), MLARS Financial Investigator Kelly O’Mara, and JTFA member Assistant U.S. Attorney Jennifer Day for the Southern District of Texas are prosecuting the case, with substantial assistance from the Electronic Surveillance Unit of the Criminal Division’s Office of Enforcement Operations.

This and related convictions of co-conspirators are the result of the coordinated efforts of JTFA. Attorney General Merrick B. Garland established JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The initiative was expanded to Colombia and Panama to combat human smuggling in the Darién in June 2024. JTFA comprises detailees from U.S. attorneys’ offices along the southwest border, including the Southern District of California, District of Arizona, District of New Mexico, and Western and Southern Districts of Texas. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by HRSP, and supported by MLARS, the Office of Prosecutorial Development, Assistance, and Training; Narcotic and Dangerous Drug Section; Office of Enforcement Operations; Office of International Affairs; 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 more than 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; more than 290 U.S. convictions; more than 240 defendants sentenced, including significant jail sentences imposed; and forfeitures of substantial assets.

U.S. Trustee Program Appoints 35 Private Trustees in 2024

Source: United States Department of Justice Criminal Division

United States Trustees appoint and supervise private trustees who administer bankruptcy estates under chapters 7, 11, 12, and 13 of the Bankruptcy Code. U.S. Trustees also appoint private trustees to serve on a case-by-case basis in bankruptcies filed under subchapter V of chapter 11. Private trustees are not government employees. They do, however, work in concert with the United States Trustees to ensure the efficiency and integrity of the bankruptcy system.

Private trustees must possess sound judgment and strong financial, administrative, and interpersonal skills. While experience in fiduciary roles or bankruptcy is desirable, it is not required, which allows a diverse range of professionals to step into this vital function. Private trustees frequently have expertise in fields such as law, accounting, real estate, business, mediation, management and administration.  If you’re interested in becoming a private trustee, the U.S. Trustee Program’s (USTP) website lists open positions.

In 2024, 35 private trustees were appointed to serve in cases under chapters 7, 12, and 13 in regions throughout the country. Visit the USTP’s website for a complete list of private trustees.

Region 3, District of Delaware

  • Chapter 7 Panel Trustees: Jami Nimeroff, Ricardo Palacio

Region 4, District of West Virginia

  • Chapter 7 Panel Trustee: Brittany Falabella

Region 4, District of South Carolina

  • Chapter 13 Standing Trustee: Dawn Hardesty

Region 5, Southern District of Mississippi

  • Chapter 7 Panel Trustees: G. Adam Sanford, Zachary Wessler
  • Chapter 13 Standing Trustee: Catoria Martin

Region 7, Southern District of Texas

  • Chapter 13 Standing Trustee: Tiffany Castro

Region 7, Western District of Texas

  • Chapter 7 Panel Trustee: Christy Heimer

Region 8, Western District of Kentucky

  • Chapter 7 Panel Trustees: Stephen Barnes, Matthew Golden

Region 8, Eastern District of Tennessee

  • Chapter 7 Panel Trustee: Amanda Stofan

Region 9, Western District of Michigan

  • Chapter 7 Panel Trustees: Gregory Ekdahl, April Hulst, Allison Korr

Region 10, Southern District of Indiana

  • Chapter 7 Panel Trustees: Curt Hochbein, Vanessa Powell, Meredith Theisen

Region 11, Northern District of Illinois

  • Chapter 7 Panel Trustees: Landon Raiford, Kenneth Thomas, Daniel Winter

Region 12, District of South Dakota

  • Chapter 7 Panel Trustee: Robert Meadors

Region 17, Eastern District of California

  • Chapter 7 Panel Trustees: Loris Bakken, Ethan Birnberg
  • Chapter 12 Standing Trustee: Lilian Tsang

Region 17, District of Nevada

  • Chapter 7 Panel Trustee: Bradley Sims
  • Chapter 12 Standing Trustee: Lilian Tsang

Region 18, Eastern District of Washington

  • Chapter 13 Standing Trustee: Mike Todd

Region 18, Western District of Washington

  • Chapter 7 Panel Trustees: Darren Krattli, Kathleen Shoemaker

Region 20, Western District of Oklahoma

  • Chapter 7 Panel Trustees: Lysbeth George, Kim Kramer, Stephen Moriarty

Region 21, Middle District of Florida

  • Chapter 7 Panel Trustee: Eugene Johnson

Region 21, Southern District of Georgia

  • Chapter 7 Panel Trustee: Brandy Helms

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Visit the USTP’s website to learn more about the program. 

U.S. Government Reaches Settlement in Class Action Relating to Discharge Paperwork of Military Veterans Discharged Under “Don’t Ask, Don’t Tell” and Predecessor Policies

Source: United States Department of Justice Criminal Division

On Jan. 3, the United States reached a settlement in Farrell v. Department of Defense, a class action lawsuit filed in 2023 in the U.S. District Court for the Northern District of California. The plaintiffs in Farrell alleged that the Department of Defense’s files for military veterans discharged under “Don’t Ask, Don’t Tell” and earlier policies barring lesbian, gay and bisexual people from serving openly in the military violate the Constitution’s guarantees of equal protection and due process.

Under the proposed settlement, veterans will have the opportunity to request changes to aspects of their discharge paperwork relating to sexual orientation under more streamlined procedures than currently available.

The proposed settlement agreement is subject to final approval by the district court after notice to the class and an opportunity to object.

Additional information for class members about the proposed settlement is available here:

www.defense.gov/Spotlights/Dont-Ask-Dont-Tell-Resources/

www.milreviewbds.mil/Portals/149/Class%20Notice__Farrell%20et%20al__1.pdf