Category: US Department of Justice

Source: United States Department of Justice Criminal Division

The former president and primary owner of the now-closed fruit juice manufacturer Valley Processing Inc. (VPI) in Sunnyside, Washington, pleaded guilty this week to two misdemeanor charges related to the manufacture and sale of tainted fruit juice products in violation of federal food safety laws.

Mary Ann Bliesner, 83, pleaded guilty to two misdemeanor counts under the Federal Food, Drug & Cosmetic Act (FDCA), including failing to register a food facility with the U.S. Food and Drug Administration (FDA). Bliesner also pleaded guilty to a misdemeanor FDCA violation in connection with failing to prevent and correct VPI’s introduction of adulterated grape juice concentrate into interstate commerce, including grape juice concentrate that was delivered to a customer for use in the National School Lunch Program. VPI pleaded guilty to conspiracy to introduce adulterated and misbranded fruit juice into interstate commerce, including selling tainted fruit juice to customers. Bliesner and VPI agreed to pay a criminal forfeiture amount of $742,139 as proceeds of their criminal conduct.

In pleading guilty, VPI admitted that it conspired to distribute tainted and potentially unsafe apple and grape juice to customers in the United States and abroad between October 2012 and June 2019. VPI admitted that it misrepresented to customers the age and quality of VPI’s products. VPI admitted that it blended grape juice concentrate, which was stored outside the VPI facility for years and exposed to the elements, with newer grape juice concentrate, and sold the resulting blended grape juice product to unsuspecting customers as if it were new product. VPI sold at least some of this contaminated product to customers who provided grape juice for the National School Lunch Program, which provides free or reduced-cost lunches to children.

Bliesner and VPI admitted that they failed to register a food facility, known as the “Grape Road Facility,” with the FDA. Bliesner and VPI used the Grape Road Facility to store earlier seasons’ unsold grape juice concentrate, sometimes for years, in large concrete vats that were not properly covered or cooled. Bliesner and VPI admitted that product stored at the Grape Road Facility was adulterated, unsafe and unfit for consumption. According to VPI’s plea agreement, during a May 2018 FDA inspection, employees placed caution tape over the entrance to the room at the Grape Road Facility with the concrete storage vats. VPI employees then told FDA investigators that the facility was unsafe to enter and that it contained no juice or juice products. According to the VPI plea agreement, FDA investigators later learned about the vats and, after entering the room, observed grape juice concentrate that testing later confirmed was contaminated with bird and rodent feces, fur, insects, decaying remains of animals, mold, yeast and other contaminants. FDA inspectors also observed and photographed a live rat walking across the hardened crust that had formed on top of the grape juice concentrate.  

In November 2020, the United States filed a civil complaint in federal court seeking to enjoin Bliesner and VPI from producing, storing or selling juice or juice products. In January 2021, Bliesner and VPI agreed to a consent injunction barring Bliesner and VPI from processing, manufacturing, preparing, packing, holding or distributing any type of food without first notifying and receiving approval from the FDA. VPI subsequently closed. Bliesner and the company no longer manufacture or sell juice products. In September 2022, a federal grand jury returned an indictment charging Bliesner and VPI with 12 counts of fraud and food safety crimes.

“Protecting the safety of American’s food supply is essential,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will take action whenever appropriate to ensure the individuals and companies that produce our food maintain safe facilities and tell the truth to their customers and the FDA.”

“Bliesner and her company, Valley Processing, produced juice in filthy and unsafe conditions, mis-labeled that product, and then sold it to the National School Lunch Program that serves low-income school children,” said U.S. Attorney Vanessa R. Waldref for the Eastern District of Washington. “School children deserve safe and nutritious food. Nothing is more important that the health and safety of our children. I commend the excellent work by investigators with the Food and Drug Administration and prosecutors in my office who uncovered and stopped this conduct and are protecting our public health.”

“Companies that mislead consumers and the FDA by selling adulterated products manufactured and stored under insanitary conditions place the public health at risk,” said Special Agent in Charge Robert Iwanicki of the FDA Office of Criminal Investigations Los Angeles Field Office. “In this case, the company’s actions put at risk the health of consumers, including schoolchildren, who consumed the fruit juice. FDA will continue to pursue and hold accountable those who attempt to subvert our regulatory processes at the expense of consumer safety.”

Bliesner and VPI will face a sentencing hearing on March 26, 2025. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FDA’s Office of Criminal Investigations investigated the case.

Trial Attorney James Hennelly and Senior Trial Attorney David Gunn of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys Dan Fruchter and Devin Curda for the Eastern District of Washington are prosecuting the case.

For more information about the enforcement efforts of the Consumer Protection Branch, visit their website at www.justice.gov/civil/consumer-protection-branch.

Source: United States Department of Justice Criminal Division

Following a two-day trial, a federal jury in the Western District of Kentucky convicted Portier Q. Govan, 38, of Memphis, Tennessee, of all counts in a five-count indictment, including sex trafficking, conspiracy to commit sex trafficking, obstruction or interference with a sex trafficking prosecution or investigation, interstate transportation for purposes of prostitution and being a felon in possession of a firearm. Govan’s co-defendant, Brittany R. Howard, 25, of Bowling Green, Kentucky, pleaded guilty on Oct. 30 to interstate transportation for purposes of prostitution and obstruction or interference with a sex trafficking prosecution or investigation.

“This defendant used extreme threats of violence to compel an 18-year-old victim to engage in commercial sex, even holding a gun to her head to terrify, control and coerce her for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The defendant sought to cover up his crime by repeatedly intimidating a witness to lie for him. A unanimous jury has found the defendant guilty of his heinous conduct, and our prosecution should make clear that we will not tolerate sex trafficking in our country. The Justice Department will use all the tools at our disposal to hold human traffickers accountable, to seek justice for survivors, and to protect survivors from harm.”

“I commend the prosecution team, FBI’s Bowling Green Resident Agency and the Bowling Green Police Department for their outstanding work on this case,” said U.S. Attorney Michael A. Bennett for the Western District of Kentucky. “We are committed to the aggressive investigation and prosecution of human trafficking wherever it occurs in the Western District. I strongly encourage the public to report any suspected human trafficking to law enforcement.”  

“This defendant preyed on a vulnerable young woman, threatening her with physical violence and even death if she didn’t comply with his demands,” said Assistant Director Chad Yarbrough of the FBI Criminal Investigative Division. “The woman was forced to engage in commercial sex while the defendant profited from her suffering. Tragically, this is a reality that unfolds far too often in our communities. The FBI is fully committed to using every resource at our disposal to identify perpetrators, hold them accountable and put an end to the devastating crime of sex trafficking.”

Evidence presented during the trial established that Govan and Howard met the victim at a gas station in Bowling Green and convinced her to come back to their hotel room where they recruited and enticed her to engage in commercial sex by making false promises of making good money. Govan continued his enticement attempts by taking the victim on a shopping trip to two shopping malls in Tennessee, and when they returned to Bowling Green later that night, Govan and Howard convinced the victim to participate with Howard in seeing a commercial sex customer. From that moment on, Govan’s attitude toward the victim changed, as he became demanding, intimidating and threatening. Govan ordered the victim to make eye contact with him while speaking, and even threatened to kill the victim, pressing a pistol against her head while she was in the front passenger seat of a car, then lowering the gun and firing a bullet across her lap, missing her body by inches. Govan further scared the victim by showing her a video of himself beating a defenseless man tied to a chair. Govan sexually assaulted the victim, and for four days compelled her to engage in commercial sex for his profit by threatening to hurt her. Upon being discovered by the police, Govan attempted to interfere with the investigation by having Howard lie for him and prevent the police from speaking to the victim, and after his arrest, he sought to obstruct the prosecution by passing letters to Howard in the jail instructing her to lie.

A sentencing hearing is scheduled for March 25, 2025, and Howard will face a sentencing hearing on March 9, 2025. Govan faces a minimum penalty of 15 years in prison and a maximum penalty of life in prison as well as mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Louisville Field Office, Bowling Green Resident Agency investigated the case, with assistance from the Bowling Green Police Department.

Assistant U.S. Attorney Madison Sewell for the Western District of Kentucky and Trial Attorney Francisco Zornosa of the Civil Rights Division’s Human Trafficking Prosecution Unit are prosecuting the case.

Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Justice Department’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

Source: United States Department of Justice Criminal Division

An indictment was unsealed yesterday in the Southern District of Mississippi charging former Mississippi State Capitol Police Flex Unit officer Jeffery Walker with felony deprivation of rights under color of law.

According to court documents, Walker used excessive force against a handcuffed arrestee, identified as E.S., including the use of dangerous weapons and force resulting in bodily injury.

On July 27, 2022, Walker, driving an unmarked police car, attempted to initiate a traffic stop involving E.S., who failed to stop and led Walker on a vehicle pursuit. During the pursuit, several Jackson Police Department (JPD) officers followed behind until Walker cut E.S. off, causing Walker to run into a tree and E.S. to swerve into the yard behind Walker’s car. An assisting JPD officer pulled E.S. from the car and handcuffed him without issue. Shortly after taking control of E.S., who was still handcuffed and compliant at this point, Walker slammed E.S.’ head into the hood of E.S.’ car, put him on the ground and kicked him in the head and face area. E.S. suffered bodily injury as a result of Walker’s actions.  

If convicted, Walker faces a maximum penalty of 10 years in prison. 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 Todd W. Gee for the Southern District of Mississippi and Special Agent in Charge Robert A. Eikhoff of the FBI Jackson Field Office made the announcement.

The FBI Jackson Field Office is investigating the case.

Assistant U.S. Attorney Glenda Haynes for the Southern District of Mississippi and Trial Attorney Eric Peffley 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.

Source: United States Department of Justice Criminal Division

A Mexican national extradited to the United States from Mexico in 2023 pleaded guilty today to leading a human smuggling conspiracy operating in Mexicali on the U.S.-Mexico border for several years.

According to court documents, Ofelia Hernandez-Salas, 63, led a human smuggling organization that facilitated the travel of more than 100 migrants into the United States from and through Bangladesh, Yemen, Pakistan, Eritrea, India, the United Arab Emirates, Uzbekistan, Russia, Egypt, Brazil, Peru, Ecuador, Colombia, Costa Rica, Nicaragua, Honduras, El Salvador, Guatemala, and Mexico. Hernandez-Salas’ organization charged the migrants as much as tens of thousands of dollars to make the journey and directed the migrants where to illegally cross the border into the United States, including by providing them with a ladder to climb over the border fence. Hernandez-Salas and co-conspirators also robbed the migrants of money and personal belongings while armed with guns and knives.

“Hernandez-Salas has pled guilty to leading a criminal organization that smuggled migrants from more a dozen countries into the United States,” said Attorney General Merrick B. Garland. “Her plea is the latest example of Joint Task Force Alpha (JTFA)’s long reach and unwavering commitment to bringing to justice the leaders of the human smuggling operations that victimize migrants for profit and endanger our national security.”

“Human smugglers are ruthless — they lie to, steal from, and gravely endanger their victims, wreaking death and devastation across our region,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The Department of Homeland Security (DHS) will continue to work with our federal and international partners to help dismantle human smuggling operations and bring perpetrators to justice.”

“We launched JTFA three years ago to disrupt the human smuggling networks that cause misery throughout the Western hemisphere,” said Deputy Attorney General Lisa Monaco. “Today, a leader of one such network pleaded guilty, making clear that if you try to profit from the desperation of others, the U.S. justice system will hold you accountable.”

“Hernandez-Salas ran a prolific human smuggling organization that illegally brought migrants from around the world into the United States — charging the migrants thousands of dollars, and often robbing them of additional money and belongings,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Such criminal operations not only violate U.S. law, but they also put migrants at great personal and financial risk. The Justice Department, through JTFA, is committed to working with our foreign law enforcement partners in Mexico and elsewhere to disrupt and dismantle dangerous transnational criminal organizations.”

“Extradition is a powerful tool to hold leaders of transnational criminal organizations accountable to American justice,” said U.S. Attorney Gary Restaino for the District of Arizona. “But it requires cooperation and collaboration with our neighbors. Thanks to all the stakeholders of JTFA throughout the federal government for breaking down barriers and working proactively and collegially with Mexican authorities.”

Hernandez-Salas pleaded guilty to conspiracy to bring an alien to the United States and three substantive counts of bringing an alien to the United States for commercial benefit or private financial gain. She is scheduled to be sentenced on March 10, 2025, and faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

In June 2023, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed corresponding sanctions on the Hernandez-Salas transnational criminal organization.

Hernandez-Salas and co-defendant Raul Saucedo-Huipio, 50, were arrested by Mexican authorities at the request of the United States in March 2023. Saucedo-Huipio remains in custody in Mexico.

Homeland Security Investigations (HSI) Yuma is investigating the case with assistance from the U.S. Border Patrol, Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, FBI, and U.S. Marshals Service, working in concert with HSI Tijuana, INTERPOL, and the HSI Human Smuggling Unit in Washington, D.C. CBP’s National Targeting Center/Counter Network Division and OFAC also provided valuable assistance.

JTFA Co-Director Jim Hepburn and Trial Attorney Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Lisa Jennis for the District of Arizona are prosecuting the case.

The Justice Department’s Office of International Affairs (OIA) provided significant assistance in securing the defendant’s arrest and extradition from Mexico. The Justice Department thanks its Mexican law enforcement partners, who were instrumental in arresting and extraditing Hernandez-Salas.

The investigation and prosecutions of Hernandez-Salas and Saucedo-Huipio are being coordinated through JTFA. JTFA was created in June 2021 by Attorney General Garland, in partnership with Secretary Mayorkas, to strengthen the Justice Department’s efforts to combat the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.

Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other U.S. law enforcement agencies, and with foreign law enforcement partners, including in El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations that have the most impact on the United States; and coordinated significant human smuggling indictments and extradition efforts in U.S. Attorneys’ Offices across the country. In June, the initiative was expanded to Colombia and Panama to combat human smuggling in the Darién. JTFA is comprised of detailees from southwest border U.S. Attorneys’ Offices, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support for the program is also provided by numerous components of the Justice Department’s Criminal Division that are part of JTFA, led by HRSP and supported by the Office of Overseas Prosecutorial Development, Assistance and Training; Narcotic and Dangerous Drug Section; Money Laundering and Asset Recovery Section; Office of Enforcement Operations; OIA; and Violent Crime and Racketeering Section.

JTFA also relies on substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 290 U.S. convictions; 240 significant jail sentences imposed; and forfeitures of substantial assets.

This investigation is also supported by the Extraterritorial Criminal Travel Strike Force (ECT) program, a partnership between the Justice Department’s Criminal Division and HSI’s Human Smuggling Unit. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks or raise grave humanitarian concerns. ECT has dedicated investigative, intelligence, and prosecutorial resources. ECT also coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

Source: United States Department of Justice

A federal court in New Jersey last month held in contempt Abraham Taylor, a resident of Florida and formerly of New Jersey, for continuing to prepare returns after the court permanently barred him and his business — Chentay Consulting Services LP, doing business as CCS Tax Services — from preparing federal income tax returns for others.

According to the court’s contempt order, Taylor concealed his violations of the permanent injunction by using electronic filing privileges assigned to Fredrick Gibson, of Uncle Sam Tax Services in Pennsylvania. Taylor agreed to the entry of the contempt order and a disgorgement judgment for preparing returns in violation of the injunction. Gibson agreed to forfeit his electronic filing privileges which Taylor had used to conceal his identity.

Taylor was previously held in contempt in 2021 for using electronic filing privileges assigned to his son O’Neal Taylor and his son’s business O’Neal Z. Taylor. Through the contempt order, Taylor agreed to a disgorgement judgment and O’Neal agreed to forfeit his electronic filing privileges.

The most recent contempt order requires Taylor to provide the United States with a list of his customers and to send a copy of the court’s injunction order to all customers for whom he prepared returns. It also provides that the court shall order the sale of Taylor’s house to satisfy the two disgorgement judgments if Taylor continues to prepare returns in violation of the injunction.

Each year the IRS highlights some of the tax scams that put taxpayers at risk of losing money, personal information, data and more. In the IRS’ most recent list, it specifically warned taxpayers “to beware of promoters peddling bogus tax schemes aimed at reducing taxes or avoiding them altogether.”

The IRS has some tips on its website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.