Category: US Department of Justice

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has secured a memorandum of understanding (MOU) with the Dane County, Wisconsin, Sheriff’s Office (DCSO) as part of its Law Enforcement Language Access Initiative. The MOU resolves an inquiry into whether DCSO complied with its nondiscrimination obligations under Title VI of the Civil Rights Act of 1964 (Title VI).

Under the MOU, DCSO has agreed to take new action to improve language access for individuals with limited English proficiency (LEP) in Dane County. Title VI prohibits entities that receive federal financial assistance from discriminating on the basis of race, color and national origin. Denial of appropriate language services can be national origin discrimination prohibited by Title VI. 

“To serve and protect all communities in the United States, our state and local law enforcement agencies must be able to communicate effectively with crime victims, witnesses, and other members of the public who do not speak fluent English,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, the Dane County Sheriff’s Office is implementing important reforms that will help ensure their services are accessible to all residents, regardless of the language they speak.”

The inquiry into DCSO began after the department received information raising concerns that an individual with LEP had not received adequate language services during the investigation of a child’s accidental death, leading to a misunderstanding about the identities of those involved in the accident. The department has offered technical assistance to DCSO, which agreed to work cooperatively with the department toward a resolution. Under the memorandum of understanding, DCSO will establish a formal language access policy that includes staff trainings, quality controls and outreach initiatives, and will undergo a period of departmental monitoring.

This agreement is part of the department’s Law Enforcement Language Access Initiative, a nationwide effort to assist law enforcement agencies in overcoming language barriers to better serve and protect communities and keep officers safe. The initiative, which is led by the Civil Rights Division, provides technical assistance resources and tools that can help state and local law enforcement provide meaningful language access to individuals with LEP, affirmatively engages law enforcement agencies that want to review, update and/or strengthen their language access polices, plans and training and strengthens the connection between law enforcement agencies, community stakeholders and populations with LEP.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt and information about limited English proficiency and Title VI is available at www.lep.gov. More information on LELAI is available at www.lep.gov/law-enforcement. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.

Source: United States Department of Justice Criminal Division

The Justice Department today announced the seizure of a Dassault Falcon 900EX aircraft owned and operated for the benefit of Nicolás Maduro Moros and persons affiliated with him in Venezuela. The aircraft was seized in the Dominican Republic and transferred to the Southern District of Florida at the request of the United States based on violations of U.S. export control and sanctions laws.

“This morning, the Justice Department seized an aircraft we allege was illegally purchased for $13 million through a shell company and smuggled out of the United States for use by Nicolás Maduro and his cronies,” said Attorney General Merrick B. Garland. “The Department will continue to pursue those who violate our sanctions and export controls to prevent them from using American resources to undermine the national security of the United States.”

“Let this seizure send a clear message: aircraft illegally acquired from the United States for the benefit of sanctioned Venezuelan officials cannot just fly off into the sunset,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Department of Commerce.  “It doesn’t matter how fancy the private jet or how powerful the officials – we will work relentlessly with our partners here and across the globe to identify and return any aircraft illegally smuggled outside of the United States.”

“The United States’ seizure of the Dassault Falcon 900EX aircraft illustrates our unrelenting commitment to enforcing U.S. export control laws and imposing U.S. sanctions for any violations,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “This successful seizure was the result of planning, coordination, and execution by the United States government, with invaluable assistance by the authorities in the Dominican Republic. Our office, along with our law enforcement partners, will continue to work to forfeit this plane and all other assets that circumvent the law.”

“The seizure of this aircraft is another significant action by Homeland Security Investigations working with our domestic and international partners against the illegal activities of the Maduro regime,” said Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami. “The efforts here highlight HSI’s global reach and our continued commitment to enforce US sanctions and stemming the flow of illicit proceeds being generated from high level foreign public corruption.”

In August 2019, the President issued Executive Order 13884, which prohibits U.S. persons from engaging in transactions with persons who have acted or purported to act directly or indirectly for or on behalf of, the Government of Venezuela, including as a member of the Maduro regime. To protect U.S. national security and foreign policy interests, the Department of Commerce has also imposed export controls for items intended, entirely or in part, for a Venezuelan military or military-intelligence end user. 

According to the U.S. investigation, in late 2022 and early 2023, persons affiliated with Maduro allegedly used a Caribbean-based shell company to conceal their involvement in the illegal purchase of the Dassault Falcon 900EX aircraft (which at the time was valued at approximately $13 million) from a company based in the Southern District of Florida.  The aircraft was then illegally exported from the United States to Venezuela through the Caribbean in April 2023. Since May 2023, the Dassault Falcon, bearing tail number T7-ESPRT, has flown almost exclusively to and from a military base in Venezuela and has been used for the benefit of Maduro and his representatives, including to transport Maduro on visits to other countries.   

The Department of Commerce Bureau of Industry and Security Miami Field Office is investigating the case, along with the Department of Homeland Security, Homeland Security Investigations (HSI) El Dorado Task Force Miami.

Assistant U.S. Attorneys Joshua Paster and Jorge Delgado for the Southern District of Florida and Trial Attorney Ahmed Almudallal of the National Security Division’s Counterintelligence and Export Control Section are handling the matter. The Justice Department’s Office of International Affairs and HSI in Santo Domingo provided significant assistance in working with authorities in the Dominican Republic. The United States thanks the Dominican Republic for its assistance in this matter.

The burden to prove forfeitability in a forfeiture proceeding is upon the government.

Source: United States Department of Justice Criminal Division

After deliberating for two days, a jury found a former U.S. Customs and Border Protection agent, Aaron Mitchell, guilty of both a federal civil rights offense and a kidnapping charge for sexually assaulting and kidnapping a victim who was a minor. The jury also found that the defendant’s conduct included aggravated sexual abuse, kidnapping and resulted in bodily injury.

“The heinous crimes committed against a young middle school student by an individual sworn to uphold the law are unspeakable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant had a duty to protect his community but instead he abused his power, kidnapped, cuffed and restrained a young girl, and repeatedly sexually assaulted her in his apartment for hours. With this verdict, the jury has done us all a great service by holding accountable this former federal law enforcement official. The Justice Department will continue to stand up for sexual assault victims, especially children, and we will prosecute law enforcement officials who break the law with every tool at our disposal.”

“We count on our law enforcement officers to protect children, schools and communities,” said U.S. Attorney Gary Restaino for the District of Arizona. “This defendant dishonored his badge and his colleagues by ignoring his oath and harming the most vulnerable among us. Thanks to the Douglas Police Department and the FBI for investigating this case with dedication and compassion, and for vindicating the rights of a courageous victim.”

“Mitchell not only broke his oath, but the trust instilled in him as a law enforcement officer. Public servants, particularly in law enforcement, must be held to the highest of ethical standards. Those falling short must be rooted out and firmly held accountable,” said Special Agent in Charge Jose A. Perez of the FBI Phoenix Field Office. “The FBI remains committed to uncovering those who attempt to hide their acts of violence behind the badge. We would like to thank our investigators and the Douglas Police Department for their support and assistance in this case.”

During a two-week trial, jurors heard evidence that, on the morning of April 25, 2022, Mitchell traveled to Douglas, Arizona, where he abducted a 15-year-old female middle school student, restrained her, drove her to his apartment and sexually assaulted her.

According to evidence presented at trial, Mitchell found the child waiting for school to start, introduced himself as a law enforcement officer, and asked for her papers. Next, after flashing his police badge and credentials, Mitchell ordered the child into his car and explained that he was taking her to the police station. Instead, Mitchell drove the child miles away from her school, pulled over and restrained her hands and feet with two pairs of handcuffs. The victim testified that, after being handcuffed, the defendant told her to do everything he said because he didn’t want to have to hurt her.

Once the defendant forced the victim into his apartment, he repeatedly sexually assaulted her over the course of several hours. Mitchell eventually returned the victim to the area of the middle school where he had abducted her earlier that morning and reminded her not to tell anyone. The victim immediately reported the abduction and sexual assaults to her friends, family members and multiple law enforcement agencies. During an interview with police, the defendant exclaimed that the victim “better hope I don’t get out of here.” 

An examination of the defendant’s cellphone revealed that the defendant had conducted numerous searches regarding rape and how to stop someone from screaming and, while he had the child captive in his apartment, he conducted an additional internet search for how long it takes to smother someone. 

A sentencing hearing will be set at a later date. Mitchell faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Douglas Police Department and FBI Phoenix Field Office, Sierra Vista Resident Agency investigated the case.

Assistant U.S. Attorney Carin Duryee for the District of Arizona and Trial Attorney MarLa Duncan of the Civil Rights Division’s Criminal Section are prosecuting the case.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has reached an agreement with the Connecticut Department of Correction addressing conditions for children at Manson Youth Institution, an adult correctional facility housing children charged in the criminal justice system.

Under the agreement, Manson will eliminate the use of disciplinary isolation to manage the behavior of children in its custody. Manson will also implement a comprehensive behavior management program that incentivizes positive behavior and provides a skills-based curriculum to help children regulate their own behaviors. The program will include a daily schedule of age-appropriate, structured activities.

“We know that isolation can cause real harm to children — increasing risk of depression, anxiety, self-harm and suicide — because their brains are still developing and they lack adequate coping mechanisms,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Placing a child in an ‘adult facility’ does not make children any less vulnerable to these risks. Nationally, more than 2,000 children each year are held in jails and prisons designed for adults. Too often, adult facilities fail to provide children with the age-appropriate services and care essential to development of the requisite skills to become healthy and productive adults, including educational and mental health services required by law. We are committed to protecting the constitutional and federal rights of children throughout the criminal and juvenile justice systems.”  

In addition to phasing out disciplinary isolation for children, the agreement requires Manson to conduct thorough mental health assessments and provide appropriate treatment for children. The agreement also requires Manson to provide adequate special education services for children with disabilities, in accordance with the Individuals with Disabilities Education Act.

“We commend the Connecticut Department of Correction for its commitment to eliminate harmful disciplinary isolation practices and adopt age-appropriate treatment and services for children at Manson,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “We look forward to our ongoing collaboration as the Connecticut Department of Correction implements these reforms.”

The agreement resolves the department’s investigation of Manson under the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act. In December 2021, the department notified Manson that there is reasonable cause to believe that conditions for children at Manson violate the Eighth and 14th Amendments and Individuals with Disabilities Education Act, and that these violations are pursuant to a pattern or practice of resistance to the full enjoyment of rights protected by the Constitution and federal law. Since then, Connecticut has begun to implement reforms to remedy problems at Manson.

The department recently secured a settlement agreement involving the South Carolina Department of Juvenile Justice’s Broad River Road Complex, the state’s only long-term post-adjudication facility for children, issued a findings report regarding  conditions at five post-adjudication facilities for children in Texas, and opened an investigation of conditions at nine juvenile justice facilities in Kentucky. Additional information about the Civil Rights Division’s work protecting children’s rights in the juvenile justice system is available at www.justice.gov/crt/rights-juveniles.

For more information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. You can also report civil rights violations to the section by completing the complaint form available at civilrights.justice.gov/.

Individuals with information related to compliance with the settlement agreement are encouraged to report such information by email at Community.MYInstitution@usdoj.gov or by phone at 833-223-1565.

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it will monitor compliance with federal voting rights laws in two cities in Massachusetts for the Sept. 3 primary election. The department will monitor in the Cities of Methuen (in Essex County) and Lowell (in Middlesex County). 

The Justice Department enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The department regularly deploys its staff to monitor for compliance with federal civil rights laws in elections in communities across the country. In addition, the division also deploys federal observers from the Office of Personnel Management, where authorized by federal court order. 

The Civil Rights Division’s Voting Section, working with U.S. Attorneys’ Offices, enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, Civil Rights Act and Uniformed and Overseas Citizens Absentee Voting Act.

More information about voting and elections is available on the Justice Department’s website at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931.