California Corrections Officer Charged with Federal Conspiracy and Civil Rights Violations

Source: United States Department of Justice Criminal Division

A federal grand jury in Fresno, California, returned an indictment today charging California State Prison-Corcoran Correctional Officer Raquel Mosqueda and inmate Jimmie Carter with conspiracy and a federal civil rights violation.

The indictment alleges that, on or about April 20, 2022, Mosqueda and Carter conspired to violate the Eighth Amendment right to freedom from cruel and unusual punishment of J.M., an inmate at California State Prison-Corcoran. The indictment also charges Mosqueda with depriving J.M. of the same right, while acting under color of law, by facilitating Carter’s planned attack on J.M.

If convicted, Mosqueda and Carter both face a maximum penalty of 10 years in prison and a $250,000 fine for the conspiracy count. Mosqueda also faces a maximum penalty of 10 years in prison for the federal civil rights violation. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Phillip A. Talbert for the Eastern District of California and Acting Special Agent in Charge Mark Remily of the FBI Sacramento Field Office made the announcement.

The FBI Sacramento Field Office is investigating the case, with assistance from the California Department of Corrections and Rehabilitation’s Office of Internal Affairs.

Assistant U.S. Attorney Karen Escobar for the Eastern District of California and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section 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.

Romanian National Sentenced to 20 Years in Prison in Connection with NetWalker Ransomware Attacks Resulting in the Payment of Millions of Dollars in Ransoms

Source: United States Department of Justice Criminal Division

A Romanian man was sentenced today for his role in the NetWalker ransomware attacks to 20 years in prison and ordered to forfeit $21,500,000 and his interests in an Indonesian limited liability company and associated luxury resort property under construction in Bali, Indonesia — a business venture he financed with proceeds from the attacks. He was also ordered to pay $14,991,580.01 in restitution.

Daniel Christian Hulea, 30, of Jucu de Mijloc, Cluj, Romania, pleaded guilty in the Middle District of Florida to computer fraud conspiracy and wire fraud conspiracy on June 20. According to court documents, Hulea admitted to participating in a conspiracy to use a sophisticated form of ransomware known as NetWalker. NetWalker ransomware has been used to target hundreds of victims all over the world, including companies, municipalities, hospitals, law enforcement, emergency services, school districts, colleges, and universities. NetWalker attacks specifically targeted the healthcare sector during the COVID-19 pandemic, taking advantage of the global crisis to extort victims. As part of his plea agreement, Hulea admitted to using NetWalker to obtain approximately 1,595 bitcoin in ransom payments for himself and a co-conspirator, valued at approximately $21,500,000 at the time of the payments.

Romanian law enforcement officers arrested Hulea in Cluj, on July 11, 2023, pursuant to a request submitted by U.S. authorities. Hulea was subsequently extradited to the United States pursuant to the extradition treaty between the United States and Romania.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Roger B. Handberg for the Middle District of Florida; and Special Agent in Charge Matthew W. Fodor of the FBI Tampa Field Office made the announcement.

The FBI Tampa Field Office investigated the case. The Justice Department’s Office of International Affairs provided valuable assistance in securing Hulea’s arrest and extradition. The U.S. Marshals Service transported Hulea from Romania to the United States.

Trial Attorney Sonia V. Jimenez of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Carlton C. Gammons and Suzanne Nebesky for the Middle District of Florida prosecuted the case.

Justice Department Secures Agreement with Vegetation Maintenance Company to Resolve Immigration-Related Discrimination Claims

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it secured an agreement with Burford’s Construction LLC (Burford’s), an Alabama-based contractor that provides vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves the department’s determination that Burford’s routinely discriminated against lawful permanent residents when verifying their permission to work by demanding specific, and sometimes unnecessary, documents.

“Employers cannot demand specific or unnecessary documents from workers because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers, regardless of citizenship status, deserve a hiring process that is free from discrimination.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that, from at least Jan. 1, 2021, through May 30, 2023, Burford’s routinely required lawful permanent residents to present specific immigration documents to establish their permission to work, even when they had already provided sufficient proof.

Under the terms of the settlement, Burford’s will pay $308,689 in civil penalties to the United States, train its personnel on anti-discrimination requirements, revise its employment policies that relate to hiring and be subject to departmental monitoring.

Lawful permanent residents are sometimes referred to as “green card holders,” but they can show their permission to work using different types of documentation. As explained in the department’s newly-released fact sheet for lawful permanent residents, the Immigration and Nationality Act (INA) protects lawful permanent residents from discrimination when an employer is verifying their permission to work. Employers cannot limit the valid documentation that a lawful permanent resident may show when verifying their ability to work. The fact sheet also explains how lawful permanent residents can get help if they are being discriminated against.

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.   

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

Security News: Justice Department Secures Agreement with Vegetation Maintenance Company to Resolve Immigration-Related Discrimination Claims

Source: United States Department of Justice 2

The Justice Department announced today that it secured an agreement with Burford’s Construction LLC (Burford’s), an Alabama-based contractor that provides vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves the department’s determination that Burford’s routinely discriminated against lawful permanent residents when verifying their permission to work by demanding specific, and sometimes unnecessary, documents.

“Employers cannot demand specific or unnecessary documents from workers because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers, regardless of citizenship status, deserve a hiring process that is free from discrimination.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that, from at least Jan. 1, 2021, through May 30, 2023, Burford’s routinely required lawful permanent residents to present specific immigration documents to establish their permission to work, even when they had already provided sufficient proof.

Under the terms of the settlement, Burford’s will pay $308,689 in civil penalties to the United States, train its personnel on anti-discrimination requirements, revise its employment policies that relate to hiring and be subject to departmental monitoring.

Lawful permanent residents are sometimes referred to as “green card holders,” but they can show their permission to work using different types of documentation. As explained in the department’s newly-released fact sheet for lawful permanent residents, the Immigration and Nationality Act (INA) protects lawful permanent residents from discrimination when an employer is verifying their permission to work. Employers cannot limit the valid documentation that a lawful permanent resident may show when verifying their ability to work. The fact sheet also explains how lawful permanent residents can get help if they are being discriminated against.

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.   

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

Luigi Mangione Charged with the Stalking and Murder of UnitedHealthcare CEO Brian Thompson and Use of a Silencer in a Crime of Violence

Source: United States Department of Justice

A criminal complaint was unsealed today charging Luigi Nicholas Mangione, 26, of Towson, Maryland, in connection with the Dec. 4 murder of UnitedHealthcare executive Brian Thompson in Midtown Manhattan. Mangione was taken into federal custody today and will be presented this afternoon in Manhattan federal court before U.S. Magistrate Judge Katharine H. Parker for the Southern District of New York.

“Today, the Justice Department has brought federal murder charges against Luigi Mangione,” said Attorney General Merrick B. Garland. “As alleged, Mangione planned his attack for months and stalked his victim for days before murdering him — methodically planning when, where, and how to carry out his crime. I am grateful to our state and local law enforcement partners for their tireless efforts to locate and apprehend the defendant and to ensure that he answers for his alleged crime.”

“Brian Thompson was gunned down in cold blood as he walked down a street in midtown Manhattan,” said Acting U.S. Attorney Edward Y. Kim for the Southern District of New York. “Thompson was allegedly killed just because he held the position of chief executive officer of a health insurance company. As alleged, Luigi Mangione traveled to New York to stalk and shoot Thompson in broad daylight in front of a Manhattan hotel, all in a grossly misguided attempt to broadcast Mangione’s views across the country. But this wasn’t a debate, it was murder, and Mangione now faces federal charges. This office and its law enforcement partners remain steadfast in our commitment to fight violence in whatever form it takes.”

“Luigi Mangione allegedly conducted the carefully premeditated and targeted execution of Brian Thompson to incite national debates,” said Assistant Director James E. Dennehy of the FBI New York Field Office. “This alleged plot demonstrates a cavalier attitude towards humanity — deeming murder an appropriate recourse to satiate personal grievances. Through continued close partnership with the NYPD, the FBI maintains our steadfast commitment to fervently pursue any individual who promotes a personal agenda through violence.”

“NYPD detectives worked relentlessly to identify and widely distribute images of the suspect who allegedly carried out this premeditated, preplanned, targeted murder, and they are committed to assisting prosecutors in seeing this important case through to its rightful conclusion,” said Commissioner Jessica S. Tisch of the New York City Police Department (NYPD). “This senseless incident highlights the critical role of the public in the NYPD’s public safety mission, and I thank everyone who saw something, said something, and did something.  It is because of the public’s actions that we now have an alleged killer in custody back in New York City.”

As alleged in the complaint, over the course of the last several months, Mangione meticulously planned the execution of Brian Thompson in an effort to initiate a public discussion about the healthcare industry. Mangione targeted the victim, tracked his whereabouts, and traveled from out of state to New York City, where the victim was scheduled to attend the company’s investor conference. After arriving in the city on Nov. 24, more than one week before the murder, Mangione performed reconnaissance in the area around the victim’s hotel and the conference venue where the victim was scheduled to speak. Using a false identification, Mangione checked into an Upper West Side hostel.

In the early morning hours of Dec. 4, Mangione traveled by bicycle from the Upper West Side to the area around West 54th Street and Sixth Avenue. At approximately 6:45 a.m., Mangione strategically placed himself in between two cars on West 54th Street, and as the victim passed by, Mangione walked up behind the victim and fired several gunshots from a 9mm pistol causing the victim’s death. The pistol was equipped with what appeared to be a firearm sound suppressor or silencer. After the murder, Mangione fled on his bicycle northbound through Central Park and ultimately back to the Upper West Side.

On Dec. 9, Mangione was arrested in Altoona, Pennsylvania, while he sat in a fast-food restaurant after being recognized by one of the restaurant’s workers. Members of the Altoona Police Department confronted Mangione, who provided the same false identification that he used when checking into the Upper West Side hostel. Mangione was also found in possession of, among other things, a 9mm pistol and a sound suppressor consistent with the weapon used to kill the victim.

Mangione is charged with one count of using a firearm to commit murder, which carries a maximum penalty of death or life in prison; one count of interstate stalking resulting in death, which carries a maximum penalty of life in prison; one count of stalking through use of interstate facilities resulting in death, which carries a maximum penalty of life in prison; and one count of discharging a firearm that was equipped with a silencer in furtherance of a crime of violence, which carries a maximum penalty of life in prison and a mandatory minimum penalty of 30 years. A federal district court judge will determine any sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI’s Violent Crimes Task Force and NYPD are investigating the case. The Justice Department also thanks the Manhattan District Attorney’s Office, which has brought a separate prosecution against Mangione, which is currently expected to proceed to trial before the federal case.

Assistant U.S. Attorneys Dominic A. Gentile, Jun Xiang, and Alexandra Messiter for the Southern District of New York are prosecuting the case.

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