Category: US Department of Justice

Source: United States Department of Justice Criminal Division

A federal grand jury in Denver returned an indictment unsealed on Friday charging a Colorado dentist with six counts of tax evasion for his use of an illegal tax shelter.

According to the indictment, since 2014, Ryan Ulibarri, owned and operated Ulibarri Family Dentistry in Fort Collins. In 2016, Ulibarri allegedly purchased a tax shelter for $50,000. From 2017 through 2022, Ulibarri allegedly used this tax shelter to conceal from the IRS over $3.5 million in income he earned.

To effectuate the tax shelter, Ulibarri allegedly signed trust instruments purporting to create three trusts and a private foundation and opened bank accounts in the name of each entity. He also allegedly re-structured his dental practice so that the majority of it was purportedly owned by one of the trusts. Ulibarri allegedly transferred nearly all the funds he earned from his dental practice to the bank accounts for the trusts and foundations he created. He allegedly used those funds to pay personal expenses, such as the mortgage on his home and his credit card bills. Finally, he allegedly filed false tax returns for himself and the trusts that assigned the income he earned and controlled from his practice to the trusts.     

In total, Ulibarri is alleged to have caused a tax loss to the IRS of over $1 million.

If convicted, Ulibarri faces a maximum penalty of five years in prison for each count of tax evasion. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Amanda R. Scott and Lauren K. Pope and Senior Litigation Counsel Corey J. Smith of the Tax Division are prosecuting the case.

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

Source: United States Department of Justice

The Office of the Pardon Attorney (Pardon) released a Spanish-language version of its application for commutation of sentence. The Spanish-language application can be used to request that the President commute the sentence of an individual who is incarcerated. This application follows the launches of the improved pardon application in June 2024, and the English-language commutation application in November 2023.

In 2023 and 2024, Pardon revised all its clemency forms to make them more accessible and user-friendly. The revisions have been part of a department-wide effort to expand access to justice by simplifying public-facing forms and documents, consistent with the recommendations described in the 2022 and 2023 Legal Aid Interagency Roundtable Reports.

“Through collaboration with the Office for Access to Justice, regular community outreach and education, and the hard work of our team, we have been able to overhaul our entire platform of clemency applications,” said Pardon Attorney Elizabeth Oyer. “The Spanish-language application will allow a large number of people within the Federal Bureau of Prisons to better access the clemency process going forward. It is a key step in our efforts to make clemency more transparent and to meet our obligation to increase language access for our applicants.”

Pardon is also working with the Federal Bureau of Prisons (FBOP) to make the Spanish-language commutation form available to Spanish speakers within FBOP facilities. 

To learn more about the work and outreach of the Office of the Pardon Attorney, visit Office of the Pardon Attorney | Office of the Pardon Attorney (justice.gov).

Source: United States Department of Justice Criminal Division

A Colorado man will make his initial appearance at the federal courthouse in Durango, Colorado, today on federal charges in connection with a series of online threats he made toward election officials in Colorado and Arizona, a Colorado state judge, and federal law enforcement agents.

Teak Brockbank, 45, of Cortez, was arrested on Friday in Cortez.

“We allege that the defendant made detailed death threats against election officials, judges, and law enforcement officers,” said Attorney General Merrick B. Garland. “Violent threats against public servants are a danger to our democracy, and the arrest and charges announced today make clear that the Justice Department will see to it that perpetrators answer for their actions.”

“As alleged, Teak Brockbank threatened the lives of multiple public servants on social media. Among other threats, he allegedly claimed that it was ‘time’ to put two state election officials to death and that he was obligated to ‘put a bullet’ in the head of a Colorado state judge,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Public servants must be able to do their jobs without fear. The Criminal Division will continue to aggressively investigate and prosecute those who target public officials with threats of violence.”

According to court documents, between September 2021 and August 2022, Brockbank allegedly used two social media accounts to post messages threatening Colorado and Arizona election officials. For example, on Aug. 4, 2022, Brockbank allegedly posted a message referring to separate election officials in Arizona and Colorado and then stated: “Once those people start getting put to death then the rest will melt like snowflakes and turn on each other. . . . This is the only way. So those of us that have the stomach for what has to be done should prepare our minds for what we all [a]re going to do!!!!!! It is time.”

Brockbank also allegedly posted a message threatening a Colorado state judge on Oct. 2, 2021: “I could pick up my rifle and I could go put a bullet in this Mans head and send him to explain himself to our Creator right now. I would be Justified!!! Not only justified but obligated by those in my family who fought and died for the freedom in this country. . . . What can I do other than kill this man my self?”

Finally, Brockbank allegedly threatened federal law enforcement on July 20, 2022, posting: “ATF CIA FBI show up to my house I am shooting them peace’s of s*** first No Warning!! Then I will call the sheriff!!! With everything that these piece of shit agencies have done I am completely justified to just start dropping them as soon as they step on my property! justified.”

Brockbank is charged with transmitting interstate threats. If convicted, he faces a maximum penalty of five years in prison.

The FBI Denver Field Office is investigating the case.

Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado are prosecuting the case.

This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.

Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.

To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

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

Source: United States Department of Justice Criminal Division

The City of Los Angeles has agreed to pay $38.2 million to resolve allegations that it knowingly failed to meet federal accessibility requirements when it sought and used Department of Housing and Urban Development (HUD) grant funds for multifamily affordable housing.

HUD provides grant funds to Los Angeles and other cities to support housing and community development, including building and rehabilitating affordable multifamily housing units. Recipients of federal housing development funds must comply with federal accessibility laws, including Section 504 of the Rehabilitation Act, Americans with Disabilities Act and Fair Housing Act. These laws prohibit discrimination against people with disabilities in activities receiving federal financial assistance. For example, the laws require 5% of all units in certain federally-assisted multifamily housing be accessible for people with mobility impairments and an additional 2% be accessible for people with visual and auditory impairments. Recipients of federal funds must also implement other housing-related accessibility requirements, including maintaining a publicly available list of accessible units with a description of their accessibility features, adopting policies and procedures to ensure that people who need the accessibility features of particular units occupy them and designating at least one city employee to coordinate accessibility efforts.

In 2017, the United States intervened and filed a complaint in a whistleblower action filed under the False Claims Act alleging that, for over a decade, the City of Los Angeles failed to follow federal accessibility laws when building and rehabilitating affordable multifamily properties and failed to make its affordable multifamily housing program accessible to people with disabilities. The United States alleged that the housing was not structurally accessible because of failures like slopes that were too steep, counters that were too high, and thresholds that did not permit wheelchair access. The United States further alleged that the city failed to maintain a publicly available list of accessible units and their accessibility features. The United States alleged that the city, on an annual basis, knowingly and falsely certified to HUD that it complied with these grant requirements despite its failure to do so. Today’s settlement resolves the pending lawsuit.

“This settlement shows that we will hold accountable jurisdictions receiving federal grant money to ensure they satisfy their obligations to make affordable housing accessible to people with disabilities,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Our years spent litigating this case demonstrate the department’s steadfast commitment to this effort.”

“Municipalities that receive federal grant money for affordable and accessible housing must comply with federal law and honor the rights of people with disabilities,” said First Assistant U.S. Attorney Joseph T. McNally for the Central District of California. “The nearly $40 million settlement here demonstrates our commitment to ensuring municipalities receiving federal funds comply with federal law. We will continue to work with the City of Los Angeles to ensure equal access for individuals with disabilities.”   

“By failing to make certain that HUD-funded multifamily housing was appropriately built or rehabilitated to meet federal accessibility requirements, the city discriminated against people with disabilities,” said Inspector General Rae Oliver Davis of HUD. “HUD’s Office of the Inspector General will continue to work with our law enforcement partners to hold accountable those who fail to meet their legal obligations for the housing needs of people with disabilities.”

“The settlement announced today sends a clear message that HUD and its partners at the Department of Justice will work tirelessly to protect the integrity of HUD’s programs and demonstrates the importance of providing accessible housing,” said General Counsel Damon Smith of HUD. “In this instance, HUD determined that the City of Los Angeles fell far short of its responsibilities to provide HUD-funded accessible housing, but the settlement agreement provides a fresh start for HUD and the City to work collaboratively to address the City’s pressing housing needs.”

The False Claims Act permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The Act permits the United States to intervene and take over responsibility for litigating such an action, as the United States did here. The lawsuit is captioned U.S. ex rel. Ling, et al. v. City of Los Angeles, et al., No. CV11‐00974, and was brought by a Los Angeles resident who uses a wheelchair and the Fair Housing Council of San Fernando Valley, a nonprofit disability rights advocacy group. The private parties’ share of the settlement has not yet been determined.

In 2020, the United States settled for $3.1 million allegations against another defendant in the lawsuit, CRA/LA, the successor of the Community Redevelopment Agency of the City of Los Angeles, a local redevelopment agency that financed and assisted in the development of multifamily affordable housing using local tax monies and federal grants.

The resolutions obtained in this litigation were the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and U.S. Attorney’s Office for the Central District of California, with assistance from HUD’s Office of General Counsel and Office of Inspector General.

Attorneys William C. Edgar, Jennifer Chorpening, Daniel W. Kastner and Wesley J. Heath of the Civil Division of the Civil Division’s Fraud Section and Assistant U.S. Attorneys Karen Paik and Paul La Scala for the Central District of California handled the case.

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

Source: United States Department of Justice Criminal Division

A former Memphis, Tennessee, Police Department (MPD) officer facing federal civil rights charges for the tragic killing of Tyre Nichols pleaded guilty in federal court today.

Emmitt Martin III, pleaded guilty to civil rights and conspiracy charges arising out of the Jan. 7, 2023, incident. Martin is the second MPD officer to plead guilty in this case.

On Sept. 12, 2023, a federal jury returned a four-count indictment against Martin and four co-defendants. The charges included using excessive force resulting in the death of Nichols; aiding and abetting each other in using that excessive force; failing to intervene to stop the excessive force; failing to render medical aid; and conspiring or taking action to cover up their misconduct. On Nov. 2, 2023, co-defendant Desmond Mills entered a guilty plea to civil rights and conspiracy charges.

The remaining three defendants will face a federal trial scheduled for Sept. 9.

In today’s court appearance, Martin pleaded guilty to counts one and three of the indictment. Count one charged Martin with using excessive force and failing to intervene in the unlawful assault. Count three charged Martin with conspiring to cover up his use of unlawful force by omitting material information and by providing false and misleading information to his supervisor and to others. A sentencing hearing is scheduled for Dec. 5. A federal district court judge will determine any sentence after considering U.S. Sentencing Guidelines and other statutory factors. 

Attorney General Merrick B. Garland, FBI Director Christopher Wray, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Kevin Ritz for the Western District of Tennessee, and Special Agent in Charge Joseph E. Carrico of the FBI Memphis Field Office made the announcement.

The FBI Memphis Field Office investigated this case. 

Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers for the Western District of Tennessee and Special Litigation Counsel Kathryn E. Gilbert, Trial Attorney Andrew Manns and Deputy Chief Forrest Christian of the Justice Department’s Civil Rights Division are prosecuting the case.