Category: US Department of Justice

Source: United States Department of Justice 2

Unleashing American Energy was one of President Donald J. Trump’s first actions, and it includes infrastructure like pipelines and oil and gas export facilities. Recently, the Justice Department’s Environment and Natural Resources Division (ENRD) secured four wins in court that underpin the intentions of the president’s executive order.

The Dakota Access Pipeline crosses Lake Oahe in North Dakota. The U.S. Army Corps of Engineers is currently preparing a supplemental environmental impact statement which the District Court for the District of Columbia ordered for the pipeline’s easement. Last year, the Corps was sued again to shut down the pipeline while they work on that statement, but ENRD last month was granted its motion to dismiss that lawsuit.

In the Sixth Circuit Court of Appeals, a Tennessee pipeline company was essentially allowed to go ahead and build a pipeline to deliver natural gas to the Tennessee Valley Authority for a new gas power plant. The court denied a petition for review of the Corp’s permit to the company and upheld its reliance on Tennessee’s certification of the project under the Clean Water Act’s Section 401.

The Fifth Circuit Court of Appeals issued a published decision affirming the Corps decision to issue a permit for a proposed expansion of an oil-export facility in Texas. The court held that the Corps thoroughly analyzed the effects of issuing the permit and properly assessed the project’s scope.

The D.C. Circuit Court of Appeals denied plaintiffs’ petition for review of a Department of Energy (DOE) action to authorize exporting liquefied natural gas from a proposed terminal on the Kenai Peninsula in Alaska. The gas is to come from Alaska’s north slope and would be transported to the terminal via a proposed pipeline across the state. The Federal Energy Regulatory Commission had previously authorized where the project’s facilities would be, and DOE authorized and reaffirmed exporting the gas. This development will help unleash Alaska’s extraordinary resource potential, in keeping with the administration’s directive.

Source: United States Department of Justice Criminal Division

A former senior executive of a Michigan asphalt paving company was sentenced today to six months in prison and a $20,000 fine for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan.

Timothy Baugher, former president of Pontiac-based Asphalt Specialists LLC (ASI), pleaded guilty to conspiring with F. Allied Construction Company Inc. (Allied), and employees from those companies to rig bids in each other’s favor on Jan. 8. According to court documents, the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators already had decided among themselves who would win the contracts. Baugher participated in the conspiracy from July 2017 through May 2021.

Baugher’s former employer, ASI, and another former ASI executive also pleaded guilty for their participation in the conspiracy with Allied in January 2024. Allied and two of its executives previously pleaded guilty in August 2023 for their participation in the conspiracy. On Aug. 15, 2024, ASI was sentenced to pay a fine of $6,500,000.

“There is nothing impressive, just, or indeed lawful about rigging bids with your competitors to ‘win’ a contract,” said Acting Deputy Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “As the court itself noted, white-collar criminals mistakenly expect better treatment than blue-collar criminals. The Antitrust Division and its law enforcement partners will enforce the law against all individuals who seek to cheat and deprive the public of the benefits of competition.”

Baugher is one of seven individuals that have been charged as part of an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry. Three companies also have been charged as part of the investigation, which, to date, has resulted in over $8.1 million in criminal fines.

The Antitrust Division’s Chicago Office is prosecuting the case, which was investigated with the assistance of the Offices of Inspectors General for the U.S. Department of Transportation and U.S. Postal Service.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

Source: United States Department of Justice Criminal Division

Yesterday, a district court judge convicted a Virginia man, who worked for the Department of Commerce, of possessing and receiving child sexual abuse material (CSAM).

According to court documents and evidence presented at trial, Rafferty Daniel Kelly, 40, of Alexandria, worked for the U.S. Patent and Trademark Office. In March 2022, a federal CSAM investigation involving an internet-based peer-to-peer file sharing service, a program used by the defendant to obtain CSAM, led federal agents to execute a search warrant at Kelly’s home, where they seized multiple devices. A review of those devices revealed that, over a period of at least two years, Kelly had downloaded and stored over 50,000 images of CSAM and child erotica, including images of infants and prepubescent children. Kelly also possessed a handbook on how to groom children.

At the end of the bench trial yesterday, the Honorable Michael S. Nachmanoff found Kelly guilty of one count of receipt of child pornography and one count of possession of child pornography. The defendant is scheduled to be sentenced on July 24 and faces a mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison. Judge Nachmanoff will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Matthew R. Galeotti, Head of the Justice Department’s Criminal Division, United States Attorney Erik S. Siebert for the Eastern District of Virginia, and Special Agent in Charge Sean Ryan of the FBI Washington Field Office’s Criminal and Cyber Division made the announcement.

Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Vanessa Strobbe for the Eastern District of Virginia are prosecuting the case.

This case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. The task force is composed of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and those engaged in human trafficking.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, visit www.justice.gov/psc.

Source: United States Department of Justice Criminal Division

Former Federal Aviation Administration (FAA) contractor Abouzar Rahmati, 42, a naturalized U.S. citizen and resident of Great Falls, Virginia, pleaded guilty today to conspiring to act and acting as an agent of the Iranian government in the United States without prior notification to the Attorney General.

According to court documents, from at least December 2017 through June 2024, Rahmati worked with Iranian government officials and intelligence operatives to act on their behalf in the United States, including by meeting with Iranian intelligence officers in Iran, communicating with Iranian intelligence officers and government officials using a cover story to hide his conduct, obtaining employment with an FAA contractor with access to sensitive non-public information about the U.S. aviation sector, and obtaining open-source and non-public materials about the U.S. solar energy industry and providing it to Iranian intelligence officers.

In August 2017, Rahmati offered his services to the Iranian government through a senior Iranian government official who previously worked in Iran’s Ministry of Intelligence and Security and with whom Rahmati had previously attended university. Four months later, in December 2017, Rahmati traveled to Iran, where he met with Iranian intelligence operatives and government officials and agreed to obtain information about the U.S. solar energy industry, to provide that information to Iranian officials, and to conduct future communications under a cover story based on purported discussions about research with fellow academics.

Upon returning to the United States in early 2018, Rahmati obtained various private and open-source materials related to the U.S. solar energy industry and provided them to an official from the office of Iran’s Vice President for Science and Technology in response to tasking from Iranian government officials.

In response to tasking from Iranian officials, and in furtherance of his role as an agent of the Government of Iran, Rahmati exploited his employment as an FAA contractor, working for U.S. COMPANY 1, by downloading at least 172 GB of U.S. COMPANY 1 files, which included sensitive access-controlled FAA documents related to the National Aerospace System (NAS), NAS Airport Surveillance Radar systems, and radio frequency data. Rahmati stored those files on removable media, which he took to Iran, where he provided sensitive documents to the Government of Iran in April 2022.

Also in April 2022, in response to tasking from Iranian government officials, Rahmati sent additional information relating to solar energy, solar panels, the FAA, U.S. airports, and U.S. air traffic control towers to his brother, who lived in Iran, so that he would provide those files to Iranian intelligence on Rahmati’s behalf.

Sentencing is scheduled for Aug. 26. Rahmati faces a maximum statutory penalty of 10 years in prison for acting as an agent of a foreign government without prior notification to the Attorney General, and up to five years in prison for conspiracy. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Sue Bai, head of the Justice Department’s National Security Division, U.S. Attorney Edward R. Martin Jr. for the District of Columbia, and Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence Division made the announcement.

The FBI’s Washington Field Office is investigating the case, with significant assistance from the FAA’s Office of Counterintelligence and Technical Operations.

Assistant U.S. Attorneys Christopher Tortorice and Kimberly Paschall for the District of Columbia and Trial Attorneys Beau Barnes and Alexander Wharton of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with significant assistance from the U.S. Attorney’s Office for the Eastern District of Virginia. 

Source: United States Department of Justice

Today, in federal court in Brooklyn, New York, Michael McMahon, 57, of Mahwah, New Jersey, was sentenced to 18 months in prison and ordered to pay an $11,000 fine for acting as an illegal agent of the government of the People’s Republic of China (PRC) and interstate stalking and conspiracy to commit the same, for his participation in a scheme to coerce repatriation of a U.S. resident to the PRC as part of its international repatriation effort known as “Operation Fox Hunt.” McMahon and co-defendants Zhu Yong, 68, of East Elmhurst, New York, and Congying Zheng, 29, of Brooklyn, were convicted by a federal jury in June 2023 following a three-week trial. In January 2025, Zhu and Zheng were sentenced respectively to 24 months and 16 months in prison.

As proven at trial, between approximately 2016 and 2019, the defendants and their co-conspirators participated in an international campaign to threaten, harass, surveil, and intimidate John Doe #1 and his family in order to force him and his wife, Jane Doe #1, to return to the PRC to face purported corruption charges. Beginning in 2012, John Doe #1 and Jane Doe #1 had been targeted for repatriation as part of the PRC’s transnational repression programs known as “Operation Fox Hunt” and “Operation Sky Net.” John Doe #1 and his family had accordingly sought to keep their address out of public records.

Zhu hired McMahon, a retired NYPD sergeant working as a private investigator, to locate John Doe #1. McMahon obtained sensitive information about John Doe #1, which he then reported back to Zhu and others, including a PRC police officer. McMahon also conducted surveillance outside the New Jersey home of John Doe #1’s relative and provided Zhu and PRC officials with detailed reports of what he observed. The operation was supervised and directed by several PRC officials, including a PRC police officer and a PRC prosecutor.

As McMahon knew, the operation was intended not only to locate John Doe #1, but to coerce him to return to the PRC by exerting pressure on his family members. In April 2017, PRC officials threatened to jail John Doe #1’s sister, who lived in the PRC, in order to coerce John Doe #1’s then-82-year-old father to travel from the PRC to their relative’s home in New Jersey. John Doe #1’s father, who had recently suffered a brain hemorrhage, was so frail that a doctor accompanied him for the trip. McMahon followed John Doe #1’s father from the relative’s New Jersey home, and, by doing so, was able to learn John Doe #1’s address. McMahon immediately provided this information to a PRC operative.

On Sept. 4, 2018, Zheng and another co-conspirator drove to the New Jersey residence of John Doe #1 and Jane Doe #1 – at the address that McMahon had provided – where they pounded on the front door, attempted to enter the house, and then peered through the windows in the back of the home. They left a note on the front door informing John Doe #1 that his “wife and children will be okay” if John Doe #1 surrendered himself to face a ten-year prison term in the PRC.

McMahon knew that the subjects of his investigation were wanted by the PRC government, a fact that he texted about with another investigator he contracted to help him. Following his arrest, McMahon acknowledged knowing that his employers wanted to get the victim back to China “so they could prosecute him.” After providing the victims’ address, McMahon told his surveillance partner that he was “waiting for a call” to find out what to do next. McMahon’s partner responded, “Yeah. From NJ State Police about an abduction,” to which McMahon responded “Lol.”  McMahon later suggested to a PRC co-conspirator that they “harass” John Doe #1 by “[p]ark[ing] outside his home and let[ting] him know we are there.” McMahon took other investigative steps designed to harass the victims, such as researching their daughter’s university residence and college major. McMahon was paid more than $19,000 in total for his role in the illegal repatriation scheme. In an apparent attempt to conceal the source, McMahon deposited payments from his PRC clients into his son’s bank account, the only time he had done so with client payments.

Previously, three co-defendants pleaded guilty in connection with their roles in the PRC-directed harassment and intimidation campaign. They are awaiting sentencing.

Sue J. Bai, head of the Justice Department’s National Security Division, U.S. Attorney John J. Durham for the Eastern District of New York, and Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence Division made the announcement.

The FBI New York Field Office investigated the case, with valuable assistance provided by the Department of State’s Diplomatic Security Service.

Assistant U.S. Attorneys Meredith A. Arfa and Irisa Chen for the Eastern District of New York are in charge of the prosecution, with assistance from Trial Attorneys Christine A. Bonomo and Scott A. Claffee of the National Security Division’s Counterintelligence and Export Control Section. Paralegal Specialist Rebecca Roth for the Eastern District of New York provided valuable assistance.

The FBI has created a website for victims to report efforts by foreign governments to stalk, intimidate, or assault people in the United States. If you believe that you are or have been a victim of transnational repression, please visit the FBI’s website.