Category: US Department of Justice

Source: United States Department of Justice Criminal Division

An Alabama man pleaded guilty today to sending threatening messages to election workers with Maricopa County Elections in Phoenix.

“The functioning of our democracy requires that our country’s public servants be able to do their jobs without fearing for their lives,” said Attorney General Merrick B. Garland. “We have no tolerance for this kind of heinous criminal conduct and the danger it poses to people’s safety and to our democratic process. Threats and acts of violence targeting those who serve the public will be met with the full force of the United States Justice Department.”

“Violent threats to election workers are threats to our democracy and democratic process. We cannot allow threats of violence against public servants to become normalized,” said FBI Director Christopher Wray. “The FBI takes seriously all threats of violence against public officials and will continue to pursue threats and acts of violence aimed at election workers.

“Brian Ogstad repeatedly threatened to kill Maricopa County election workers and officials,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “As today’s guilty plea demonstrates, the Department is committed to holding accountable those who target election workers and officials with threats of violence. I am especially grateful to the Election Threats Task Force, which continues to spearhead the Department’s efforts to ensure that public servants who administer our elections can do their jobs free from threats and intimidation.”

“This guilty plea should send a message to anyone who tries to take the rule of law into their own hands through vigilante justice,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “But it also showcases the resilience of public servants. Thanks to the election professionals in Maricopa County who have worked courageously to maintain free and fair elections in spite of the threats received.”

According to court documents, on Aug. 2, 2022, Arizona held primary elections for federal and state officeholders, including a gubernatorial primary election that received nationwide media coverage. From the day of the election through Aug. 4, 2022, Brian Jerry Ogstad, 60, of Cullman, sent multiple threatening direct messages to an Instagram social media account maintained by Maricopa County Elections. For instance, on or about Aug. 3, 2022, Ogstad stated, (1) “You did it! Now you are [expletive]. Dead. You will all be executed for your crimes”; (2) “[expletive] you! You are caught!  They have it all. You [expletive] are dead”; (3) “You are lying, cheating [expletive] . . . you better not come in my church, my business or send your kids to my school. You are [expletive] stupid if you think your lives are safe”; and (4) “You [expletive] are so dead.” On or about Aug. 4, 2022, Ogstad also stated, “[Y]ou people are so ducking [sic] stupid. Everyone knows you are lots [sic], cheats, frauds and in doing so in relation to elections have committed treason. You will all be executed. Bang [expletive]!”

Ogstad pleaded guilty to one count of making a threatening interstate communication. He is scheduled to be sentenced on Oct. 21 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Phoenix Field Office is investigating the case, with substantial assistance from the FBI Birmingham Field Office.

Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Mary Sue Feldmeier for the District of Arizona 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. 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.

The task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Justice Department, including the Criminal Division’s Computer Crime and Intellectual Property Section, Civil Rights Division, National Security Division, and FBI, as well as key interagency partners, such as the Department of Homeland Security and 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 at 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.

Source: United States Department of Justice Criminal Division

Three men were sentenced today for various conspiracy and firearms offenses in connection with a racially-motivated scheme to destroy an energy facility.

Paul James Kryscuk, 38, of Boise, Idaho, was sentenced today to six years and six months in prison for conspiracy to destroy an energy facility. Liam Collins, 25, of Johnston, Rhode Island, was sentenced today to 10 years in prison for aiding and abetting the interstate transportation of unregistered firearms. Justin Wade Hermanson, 25, of Swansboro, North Carolina, was sentenced today to one year and nine months in prison for conspiracy to manufacture firearms and ship interstate.

“As part a self-described ‘modern day SS,’ these defendants conspired, prepared, and trained to attack America’s power grid in order to advance their violent white supremacist ideology,” said Attorney General Merrick B. Garland. “These sentences reflect both the depravity of their plot and the Justice Department’s commitment to holding accountable those who seek to use violence to undermine our democracy.”

According to court documents and other information presented in court, Kryscuk, Collins, and Hermanson researched, discussed and reviewed at length a previous attack on the power grid by an unknown group. The group depicted in the attack used assault-style rifles in an attempt to explode a power substation. Between 2017 and 2020, Kryscuk manufactured firearms while Collins stole military gear, including magazines for assault-style rifles, and had them delivered to the other defendants. During that time, co-defendant Jordan Duncan gathered a library of information – some military-owned – regarding firearms, explosives, and nerve toxins and shared that information with Kryscuk and Collins. In October 2020, a handwritten list of approximately one dozen intersections and places in Idaho and surrounding states was discovered in Kryscuk’s possession, including intersections and places containing a transformer, substation, or other component of the power grid for the northwest United States. 

Previously filed charges alleged that Collins and Kryscuk were members of and made multiple posts on the “Iron March” forum, a gathering point for young neo-Nazis to organize and recruit for extremist organizations, until the forum was closed in late 2017. Collins and Kryscuk met through the forum and expanded their group using an encrypted messaging application as an alternate means of communication outside of the forum. Collins and Kryscuk recruited additional members, including Duncan, Hermanson, and co-defendant Joseph Maurino, and conducted training, including a live-fire training in the desert near Boise, Idaho. From video footage recorded by the members during the training, Kryscuk, Duncan and others produced a montage video of their training. In the video, the participants are seen firing short barrel rifles and other assault-type rifles, and the end of the propaganda video shows the four participants outfitted in Atomwaffen masks giving the “Heil Hitler” sign, beneath the image of a black sun, a Nazi symbol. The last frame bears the phrase, “Come home white man.” Prior to their arrests, Collins and Duncan had relocated to Idaho from North Carolina and Texas, respectively, to be near Kryscuk.

The FBI, Naval Criminal Investigative Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.

Trial Attorney John Cella of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorneys Barbara Kocher and Gabriel Diaz for the Eastern District of North Carolina are prosecuting the case, with assistance from Assistant United States Attorneys for the District of Idaho, District of New Jersey, Eastern District of New York, and the District of Rhode Island.

Source: United States Department of Justice Criminal Division

The Justice Department today filed a statement of interest in the U.S. District Court for the District of New Hampshire supporting the right of private plaintiffs to bring a lawsuit challenging robocalls as intimidating, threatening or coercive in violation of Section 11(b) of the Voting Rights Act. This brief is one of several filed by the Justice Department explaining the prohibition against voter intimidation in Section 11(b) and supporting the longstanding principle that private plaintiffs can sue to vindicate important rights protected by the Voting Rights Act.

“Voter intimidation, whether carried out in person or by way of robocalls, disinformation campaigns, or other tactics, can stand as a significant barrier for voters seeking to exercise their voice in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Every voter has the fundamental right to cast their ballot free from intimidation, threats and coercion. Since enactment of the Voting Rights Act of 1965, impacted voters, advocacy groups and organizations, have had full ability to turn to the courts to enforce the Act’s ban on voter intimidation across the country. The Justice Department has vigorously enforced this ban and will continue to challenge voter intimidation and defend the right of private citizens and organizations to do the same.”

“The U.S. Attorney’s Office in the District of New Hampshire remains committed to protecting voting rights using all enforcement tools available to us. Section 11(b) of the Voting Rights Act is a valuable aid in this effort, as it allows for voters to assist in the enforcement process by bringing private suits against anyone that intimidates, threatens or coerces another person in the exercise of their fundamental right to vote,” said U.S. Attorney Jane E. Young for the District of New Hampshire. “Robocalls in particular can violate voting rights by incentivizing voters to remain away from the polls, deceive voters into believing false information and provoke fear among the targeted individuals. The U.S. Attorney’s Office commends any private citizen willing to stand up against these aggressive tactics and exercise their rights to participate in the enforcement process for the Voting Rights Act.”

The department filed its statement of interest in League of Women Voters of New Hampshire v. Kramer, a lawsuit filed by private plaintiffs who seek a preliminary injunction against a violation of Section 11(b) in connection with robocalls in the 2024 New Hampshire presidential primary election. Defendants moved to dismiss arguing among other things that there is no private right of action under Section 11(b) and that robocalls do not violate Section 11(b).

The statement of interest affirms that private parties may enforce Section 11(b) of the Voting Rights Act. It further explains that conduct violates Section 11(b) if it is objectively intimidating, threatening or coercive to a reasonable voter. That conduct may include robocalls containing false information about the time, place or manner of voting. Whether such robocalls violate the Voting Rights Act depends on such factors as the content and any deceptive features of the calls, the context and timing of the calls, the targeting of any particular group and other historical and social conditions. Federal law prohibits intimidation, threats and coercion throughout the voting process, including registration, casting a ballot and counting or tallying votes. Furthermore, federal law protects against both actual and attempted intimidation, coercion and threats.

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. Individuals can report possible violations of the federal voting rights laws through the Civil Rights Division’s website at civilrights.justice.gov or by telephone toll-free at 800-253-3931.

Source: United States Department of Justice Criminal Division

The United States and the Commonwealth of Virginia have reached an $863,934 civil settlement with certain substance use disorder treatment clinics serving patients from Virginia to resolve allegations that these clinics submitted false and fraudulent claims to the Medicaid program. The clinics – Crossroads Treatment Center of Petersburg P.C., ARS Treatment Centers of New Jersey P.C., Crossroads Treatment Center of Greensboro P.C. and Starting Point of Virginia P.C. – are part of a chain called Crossroads, which is headquartered in Greenville, South Carolina.

The United States and the Commonwealth contended that, from 2016 through mid-2023, the clinics submitted claims to Virginia Medicaid containing code 99215, which signifies a meeting with a patient involving at least two of the following three components: a comprehensive medical history, a comprehensive medical examination, and medical decision making of high complexity. However, the clinics knew the meetings were regular check-ins during substance use disorder treatment and did not meet those criteria. Of the $863,934 civil settlement, the United States will receive $356,891 and the Commonwealth will receive $507,043.

“Providers may bill only for the services that they actually provide,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to protect the vital services provided by federal health care programs, including substance abuse disorder treatments, against those who seek to abuse them.”

“Submitting false claims to Medicaid undermines the integrity of the program and wastes valuable taxpayer dollars,” said Special Agent in Charge Tamala E. Miles with the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, HHS-OIG remains committed to investigating providers who allegedly defraud federal health care programs.”

The United States’ investigation was prompted by a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to receive a share of any recovery. The settlement agreement in this case provides for the whistleblower, Diana France, a former Director of Network Management and Contracting for Crossroads, to receive $60,671 as her share of the federal recovery. The settlement agreement also provides for the whistleblower to receive a share of the Commonwealth’s recovery. The case is captioned United States ex rel. France v. Crossroads Treatment Ctrs., No. 6:21-cv-01263 (D.S.C.).

Senior Trial Counsel Albert P. Mayer of the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Nancy G. Cote for the District of South Carolina handled the matter, with assistance from HHS-OIG and several state attorney generals’ Medicaid fraud control units.

The United States’ allegations described above were allegations only. There was no determination of liability.

Source: United States Department of Justice Criminal Division

John Chen, 71, of the People’s Republic of China (PRC) and Los Angeles, California, and Lin Feng, 44, a PRC citizen and resident of Los Angeles, California, pleaded guilty to acting as unregistered agents of the PRC and bribing an IRS agent in connection with a plot to target U.S.-based practitioners of Falun Gong — a spiritual practice banned in the PRC.

According to court documents, from at least approximately January 2023 to May 2023, Chen and Feng worked inside the United States at the direction of the PRC government, including PRC government official identified as PRC Official-1, to further the PRC’s campaign to repress and harass Falun Gong practitioners. The PRC designated the Falun Gong as one of the “Five Poisons,” or one of the top five threats to its rule. In China, Falun Gong adherents face a range of repressive and punitive measures from the Chinese government, including imprisonment.

As part of the PRC’s campaign against the Falun Gong, Chen and Feng engaged in a PRC government-directed scheme to manipulate the IRS’s Whistleblower Program in an effort to strip the tax-exempt status of an entity run and maintained by Falun Gong practitioners (Entity-1). After Chen filed a defective whistleblower complaint with the IRS, Chen and Feng paid $5,000 in cash bribes and promised to pay substantially more to a purported IRS agent (Agent-1) who was, in fact, an undercover officer, in exchange for Agent-1’s assistance in advancing the complaint. Neither Chen nor Feng notified the Attorney General that they were acting as agents of the PRC in the United States.

In the course of the scheme, Chen, on a recorded call, explicitly noted that the purpose of paying these bribes, which were directed and funded by the PRC, was to carry out the PRC government’s aim of “toppl[ing] . . . the Falun Gong.” During a call intercepted pursuant to a judicially authorized wiretap, Chen and Feng discussed receiving “direction” on the bribery scheme from PRC Official-1, deleting instructions received from PRC Official-1 in order to evade detection, and “alert[ing]” and “sound[ing] the alarm” to PRC Official-1 if Chen and Feng’s meetings to bribe Agent-1 did not go as planned. Chen and Feng also discussed that PRC Official-1 was the PRC government official “in charge” of the bribery scheme targeting the Falun Gong.

As part of this scheme, Chen and Feng met with Agent-1 in Newburgh, New York, on May 14, 2023. During the meeting, Chen gave Agent-1 a $1,000 cash bribe as an initial, partial bribe payment. Chen further offered to pay Agent-1 a total of $50,000 for opening an audit of Entity-1, as well as 60% of any whistleblower award from the IRS if the Chen whistleblower complaint were successful. On May 18, 2023, Feng paid Agent-1 a $4,000 cash bribe at John F. Kennedy International Airport as an additional partial bribe payment in furtherance of the scheme. 

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Damian Williams for the Southern District of New York and Executive Assistant Director Robert R. Wells of the FBI’s National Security Branch made the announcement.  

Chen and Feng each pleaded guilty to one count of acting as an unregistered agent of a foreign government and one count of bribing a public official. Chen pleaded guilty yesterday and is scheduled to be sentenced on Oct. 30. Feng pleaded guilty today and is scheduled to be sentenced on Oct. 31. Chen and Feng each face a maximum penalty of 25 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and the Office of the Treasury Inspector General for Tax Administration are investigating the case.

Assistant U.S. Attorneys Qais Ghafary, Michael D. Lockard and Kathryn Wheelock for the Southern District of New York and Trial Attorney Christina Clark of the Counterintelligence and Export Control Section are prosecuting the case.