Source: United States Department of Justice Criminal Division
The Justice Department, together with the Federal Trade Commission (FTC), today filed a civil lawsuit in the U.S. District Court for the Central District of California against TikTok Inc., ByteDance Ltd., and their affiliates (together, TikTok) for violations of the Children’s Online Privacy Protection Act and its implementing regulations (COPPA) in connection with the popular TikTok app.
COPPA prohibits website operators from knowingly collecting, using, or disclosing personal information from children under the age of 13, unless they provide notice to and obtain consent from those children’s parents. It also requires website operators to delete personal information collected from children at their parents’ request. In 2019, the government sued TikTok’s predecessor, Musical.ly, for COPPA violations, and since then the defendants have been subject to a court order requiring them to undertake specific measures to comply with COPPA.
According to the complaint, from 2019 to the present, TikTok knowingly permitted children to create regular TikTok accounts and to create, view, and share short-form videos and messages with adults and others on the regular TikTok platform. The defendants collected and retained a wide variety of personal information from these children without notifying or obtaining consent from their parents. Even for accounts that were created in “Kids Mode” (a pared-back version of TikTok intended for children under 13), the defendants unlawfully collected and retained children’s email addresses and other types of personal information. Further, when parents discovered their children’s accounts and asked the defendants to delete the accounts and information in them, the defendants frequently failed to honor those requests. The defendants also had deficient and ineffectual internal policies and processes for identifying and deleting TikTok accounts created by children.
The defendants engaged in the above-described conduct despite being subject to a court order barring them from violating COPPA and imposing measures designed to ensure their compliance. TikTok is one of the most popular social media platforms in the world. The defendants’ COPPA violations have resulted in millions of children under 13 using the regular TikTok app, subjecting them to extensive data collection and allowing them to interact with adult users and access adult content. The complaint seeks civil penalties and injunctive relief.
“The Department is deeply concerned that TikTok has continued to collect and retain children’s personal information despite a court order barring such conduct,” said Acting Associate Attorney General Benjamin C. Mizer. “With this action, the Department seeks to ensure that TikTok honors its obligation to protect children’s privacy rights and parents’ efforts to protect their children.”
“The Justice Department is committed to upholding parents’ ability to protect their children’s privacy,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This action is necessary to prevent the defendants, who are repeat offenders and operate on a massive scale, from collecting and using young children’s private information without any parental consent or control.”
“TikTok knowingly and repeatedly violated kids’ privacy, threatening the safety of millions of children across the country,” said FTC Chair Lina M. Khan. “The FTC will continue to use the full scope of its authorities to protect children online — especially as firms deploy increasingly sophisticated digital tools to surveil kids and profit from their data.”
The United States is represented in this action by Assistant Directors Rachael L. Doud and Zachary A. Dietert, and Trial Attorneys Ben Cornfeld and Marcus P. Smith, of the Civil Division’s Consumer Protection Branch. Jonathan W. Ware, Iris Micklavzina, Sarah Choi, and Michael Sherling represent the FTC.
The claims made in a complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence. Certain allegations in the complaint linked to below are redacted due to defendants’ request that the government file these allegations under seal while the Court considers defendants’ intended motion to seal. The court’s ruling on defendants’ motion will determine whether and to what extent these allegations in the complaint become public.
Source: United States Department of Justice Criminal Division
A federal court prohibited a Sandusky, Ohio-area physician from prescribing opioids and other controlled substances and ordered him to pay $4.7 million in a case alleging violations of the Controlled Substances Act (CSA) and the False Claims Act (FCA).
In a civil complaint filed in August 2018, the United States alleged that Dr. Gregory Gerber, MD, who operated an office in Sandusky, unlawfully issued prescriptions without a legitimate medical basis for opioids and other controlled substances in violation of the CSA and the FCA. The complaint alleged that one patient died from an overdose of fentanyl patches prescribed by Gerber. The complaint further alleged that Gerber received kickback payments from a drug manufacturer as part of a scheme to unlawfully prescribe Subsys, a powerful opioid drug containing fentanyl, in violation of the FCA.
“Medical professionals who knowingly facilitate the abuse of opioids violate their legal obligations,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “The department will pursue justice against anyone who seeks to profit from unlawfully prescribing opioids.”
“All doctors must follow the law when prescribing opioids — their patients, and the public more generally, rely on such compliance,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Gerber’s patients trusted him. But instead of safeguarding that trust, Gerber accepted payments from a drug company in exchange for prescribing dangerous, addictive drugs and wrote thousands of prescriptions that were not for a legitimate medical purpose. Our office will use all available tools — civil and criminal — to fight the opioid epidemic and protect patients and their families so that doctors like Gerber do not profit from abusing our healthcare system.”
“Dr. Gerber betrayed the trust placed in him and willfully violated his oath to protect the public and the provisions of the Controlled Substance Act,” said Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration (DEA)’s Detroit Field Division. “His reckless behavior contributed to the opioid crisis gripping the nation and brought suffering to many communities in northern Ohio. This ruling will hopefully deter other medical practitioners who are inclined to put profit over patient health and safety.”
“Health care professionals who exploit opioid addiction for financial gain do so at the risk of endangering their patients and undermining critical public health efforts to address the opioid epidemic,” said Deputy Inspector General Christian J. Schrank of Investigations of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to work to ensure that bad actors are held accountable for such schemes in order to protect both patients and taxpayers.”
“Ignoring the law by distributing prescriptions to opioids for illicit profit harms the communities that physicians are meant to help,” said Executive Assistant Director Michael D. Nordwall of the FBI’s Criminal, Cyber, Response and Services Branch. “The FBI is glad that Gerber will not be able to prescribe controlled substances ever again.”
Gerber agreed to a consent judgment to settle the allegations in the complaint. The order entered by the court permanently prohibits Gerber from prescribing opioids or other controlled substances, permanently prohibits him from managing, owning or controlling any entity that dispenses controlled substances and requires Gerber to pay approximately $4.7 million under the FCA. Gerber was also sentenced in March to 42 months in prison and one year of home confinement in a related criminal case brought by the United States Attorney’s Office.
U.S. District Judge Jeffrey J. Helmick entered the judgment and permanent injunction in U.S. District Court for the Northern District of Ohio. In August 2018, Judge Helmick issued a temporary restraining order and preliminary injunction prohibiting Gerber from prescribing opioids or other controlled substances.
The DEA, FBI, HHS-OIG, Ohio Attorney General’s Medicaid Fraud Control Unit, State of Ohio Board of Pharmacy and State Medical Board of Ohio investigated the case.
Assistant U.S. Attorneys Patricia Fitzgerald and Angelita Cruz Bridges for the Northern District of Ohio and Trial Attorney Scott B. Dahlquist of the Civil Division’s Consumer Protection Branch handled the case.
The claims made in the complaint are allegationsthat the United States would need to prove by a preponderance of the evidence if the case proceeded to trial.
Source: United States Department of Justice Criminal Division
Director Rosemarie Hidalgo of the Justice Department’s Office on Violence Against Women (OVW) met with representatives yesterday from 12 pilot sites across the country that receive funding and support through the Firearms Technical Assistance Project (FTAP) and announced a comprehensive strategy to address the lethal intersection of domestic violence and firearms. Meeting with FTAP grantees, Director Hidalgo emphasized the urgent need to enhance efforts to prevent and address this dangerous issue, which increases the likelihood of death for victims of domestic violence.
FTAP, an OVW grant program funded by appropriations through the Violence Against Women Act (VAWA), provides communities with the tools and support needed to develop and implement effective strategies for preventing the use of firearms in domestic violence incidents and for strengthening a coordinated community response to increase access to safety and support for victims. OVW has awarded a total of $5.99 million to 12 FTAP sites across the nation, including one Tribal nation. These initiatives are part of the Justice Department’s broader strategy to reduce violent crime and enhance community safety.
The convening, coordinated by the Battered Women’s Justice Project, which runs the National Resource Center on Domestic Violence and Firearms, brought together grantees from the following sites: Tucson, Arizona; Georgia Department of Community Supervision; Detroit; Young Women’s Christian Association (YWCA) of Knoxville and the Tennessee Valley, Tennessee; Austin, Texas; Yakima, Washington; Birmingham, Alabama; Muscogee (Creek) Nation; Columbus, Ohio; Brooklyn, New York; State of Vermont; and Spokane, Washington.
In her opening remarks, Director Hidalgo highlighted a startling statistic: over half of the women murdered in the United States are killed by a current or former intimate partner, and the presence of firearms increases the risk of homicide by 500%. This heightened threat to individuals and public safety necessitates a coordinated community response involving law enforcement, prosecutors, civil and criminal courts, victim service providers, and community-based organizations. Effective intervention and support can mean the difference between life and death for victims, as well as for law enforcement officers responding to domestic violence incidents. In addition to increased lethality and serious injuries, firearms are used by abusive partners to inflict fear, intimidation, and coercive control.
Director Hidalgo noted the statement by Attorney General Merrick B. Garland following the Supreme Court’s 8-1 decision in United States v. Rahimi, in which he stated that the decision, “upholds Congress’s longstanding prohibition on the possession of firearms by people subject to domestic violence restraining orders. That law protects victims by keeping firearms out of the hands of dangerous individuals who pose a threat to their intimate partners and children.” The Attorney General also said, “The Justice Department will continue to enforce this important statute, which for nearly 30 years has helped to protect victims and survivors of domestic violence from their abusers. And we will continue to deploy all available resources to support law enforcement, prosecutors, courts, and victim advocates to address the pervasive problem of domestic violence.”
Director Hidalgo delivers remarks while meeting with representatives from 12 FTAP pilot sites.
To support community efforts, Director Hidalgo unveiled OVW initiatives that are part of a comprehensive strategy aimed at raising awareness of federal laws that prohibit firearm possession by domestic abusers and bolstering partnerships across federal, state, Tribal, and local levels. She highlighted the increased collaboration among key Justice Department components, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), FBI National Instant Criminal Background Check System (FBI/NICS), Executive Office for U.S. Attorneys (EOUSA), OVW, Office of Justice Programs (OJP), and other Justice Department components. The Justice Department is dedicated to forging strong collaborations between federal partners with state and local prosecutors, law enforcement agencies, and victim advocates to enhance our collective response to this critical issue.
DOJ recently released the Misdemeanor Crimes of Domestic Violence Resource Card. This resource explains the tools available under existing federal law to prevent the purchase of firearms and prosecute DV offenders who illegally possess them — including through implementation of the new dating-relationship provisions recently enacted through the Bipartisan Safer Communities Act (BSCA) that narrow the so-called “boyfriend loophole.” This resource is designed to ensure that law enforcement, courts, and the public understand the domestic violence firearm prohibitions to increase effective implementation.
Justice Department representatives recently conducted a training at the Conference on Crimes Against Women, held in Dallas in May, and shared information on the role played by different Department components in firearms relinquishment, and ways to strengthen implementation by law enforcement and courts at the local level. Next month, DOJ will launch new roll call videos for law enforcement to ensure accurate documentation of relationships in FBI/NICs records to properly implement the dating violence prohibitions that were recently enacted through the Bipartisan Safer Communities Act.
To support communities in accessing federal resources and strengthening a coordinated community response, OVW and OJP have developed the Resource Guide for Addressing the Intersection of Domestic Violence and Firearms. This guide details the Justice Department’s funding, training and partnership opportunities aimed at enforcing firearms laws and strengthening efforts at the local, state, Tribal and federal levels to keep guns out of the hands of adjudicated abusers.
To complement department resources and training, the National Resource Center on Domestic Violence and Firearms (NRCDVF), an OVW-funded national training and technical assistance provider, will conduct additional virtual trainings. These trainings will focus on best practices for law enforcement, prosecutors, and victim service providers, ensuring communities receive the latest and most effective tools when implementing surrender or relinquishment protocols.
Efforts also include expanding outreach to raise awareness about OVW grant funding that can support community initiatives to remove firearms from adjudicated abusers. This included recently sending a letter to grant administrators in every state and territory informing them about opportunities to use Services, Training, Officers and Prosecutors (STOP) formula grant program funds to prevent homicides by addressing the intersection of domestic violence and firearms, as well as providing information about additional training and support to STOP administrators to enhance state implementation plans to address these issues. Additionally, OVW is notifying state domestic violence coalitions about ways communities can leverage both OVW formula and discretionary grant funds to prevent domestic violence abusers from purchasing or possessing firearms.
Later in the day, Director Hidalgo conducted a listening session with representatives from the 12 FTAP pilot sites to explore each site’s best practices and challenges in implementing their programs. The discussions provided valuable insights into effective strategies nationwide to address the intersection of domestic violence and firearms. Key topics included fostering trauma-informed approaches that center around survivors; best practices for enhancing partnerships between law enforcement, prosecutors, victim services providers, community-based organizations, courts and other system and community partners; identifying areas of support needed to increase the effectiveness of their programs; and ways OVW could further support partnerships at the local level with federal partners, such as U.S. Attorneys’ Offices and ATF.
Director Hidalgo speaks with representatives from the 12 FTAP pilot sites.
In particular, representatives of the FTAP pilot sites highlighted the progress they have made in their jurisdictions by forming multi-disciplinary teams to identify barriers and challenges to implementation and then developing collaborative strategies to address these barriers. This included: developing protocols and updating court forms in the civil and criminal courts for the relinquishment of firearms by adjudicated abusers; addressing issues with high rates of civil protection orders that were not being served; providing timely information to the FBI’s National Instant Criminal Background Check System; improving training for law enforcement, prosecutors, courts, and community partners; identifying storage facilities for relinquished firearms, which can be a particular challenge in rural areas; improving language access and partnerships with culturally-specific community-based organizations; developing co-responder models for advocates to respond to the scene and provide support for victims of domestic violence; and increasing access to advocates for victims to navigate complex systems and obtain trauma-informed services.
Director Hidalgo emphasized that these resources and efforts highlight the crucial role of a coordinated community response, a cornerstone of the Violence Against Women Act. By fostering effective partnerships, these initiatives seek to remove firearms from dangerous situations, ensure community safety, support survivors and their children, reduce community violence, and prevent the use of firearms to cause injury or instill fear and coercive control in domestic violence situations.
Source: United States Department of Justice Criminal Division
A Texas man made his initial appearance in court and pleaded guilty today to violating the Endangered Species Act by importing protected Australian reptiles into the United States on behalf of a fake zoo which he represented as legitimate.
According to court documents, Don Church imported 165 native Australian reptiles by providing false information to Australian and U.S. authorities. The imported reptiles included three Rusty Monitor (Varanus Semiremex) lizards, which are protected internationally by the Convention on International Trade in Endangered Species (CITES).
Church imported the reptiles on behalf of the “Austin Reptile Center,” a non-existent facility. He submitted documents to Australian authorities containing misrepresentations about the facility, including photographs of reptile exhibits, employee names and positions, floor plans, location and financial information. But Church knew no facility suitable for reptile care existed.
To gain purported legal authority to import the reptiles, Church submitted documentation containing misleading and erroneous information about the fictious Austin Reptile Center to the U.S. Fish and Wildlife Service (USFWS). He then imported the reptiles on behalf of the Austin Reptile Center, knowing that import was unlawful.
To protect species against over-exploitation, CITES regulates trade in endangered and threatened species through permit and quota requirements. The U.S. and 183 countries are signatories to the CITES treaty. The United States implements CITES through the Endangered Species Act, and the USFWS enforces it.
Church pleaded guilty to a criminal information charging violation of the Endangered Species Act. He faces a maximum penalty of one year in prison, one year of supervised release and a fine of up to $50,000.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and Assistant Director Edward Grace of the USFWS’ Office of Law Enforcement made the announcement.
The USFWS is investigating the case.
Trial Attorney Sarah M. Brown of the Environment and Natural Resources Division’s Environmental Crimes Section is prosecuting the case.
Source: United States Department of Justice Criminal Division
The Justice Department today announced that it has reached settlements with the City of El Paso, Texas (the City); United Road Towing Inc., doing business as UR Vehicle Management Solutions (URT); and Rod Robertson Enterprises Inc (RRE) to resolve allegations that they violated the Servicemembers Civil Relief Act (SCRA). The United States’ complaint, which was filed on Feb. 2, 2023, alleges that the City and its contractors auctioned or otherwise disposed of over 170 vehicles owned by protected servicemembers without first obtaining court orders allowing them to do so.
“Members of our armed forces should not have to worry about their cars being auctioned off while they are on the front lines defending our freedoms, liberties and rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These settlements should send a strong message to other cities that they should not take advantage of the rights of our servicemembers while they are defending us from harm.
“My office is committed to safeguarding the rights of servicemembers who call the Western District of Texas home,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I am proud of our partnership with the Civil Rights Division and our work fighting for the men and women in this district who have been deployed overseas.”
Under the agreements, which are subject to court approval, the City must develop new policies and procedures to ensure that contractors who are responsible for auctioning or otherwise disposing of impounded vehicles comply with the SCRA in the future. The City is also responsible for the payment of a $20,000 civil penalty.
RRE, which was the City’s contractor from January 2015 until April 2019, must establish a $140,000 settlement fund to compensate the affected servicemembers and pay a $20,000 civil penalty.
URT, which has been the City’s contractor since June 2019, must establish a $57,395 settlement fund to compensate servicemembers, pay a $24,980 civil penalty, provide SCRA training to its employees, adopt policies and procedures to investigate the military status of any registered owner prior to auctioning a vehicle and obtain a court order or a valid SCRA waiver prior to auctioning a vehicle owned by a protected servicemember.
The department launched its investigation after receiving a complaint from U.S. Army Lieutenant Colonel Lisa Dechent. While she was deployed to Afghanistan, the City had her 2016 White Chevrolet Silverado truck towed to the impound lot. URT sold it at auction for $6,200, without obtaining the court order required by the SCRA. At the time of the auction, Lieutenant Colonel Dechent still owed approximately $13,000 on the loan she had used to finance the purchase of the truck.
The department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorneys’ Offices throughout the country. Since 2011, the department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at legalassistance.law.af.mil/.