Source: United States Department of Justice

The Justice Department submitted to the Federal Register yesterday a Notice of Proposed Rulemaking (NPRM) to update and clarify regulations issued under the Foreign Agents Registration Act (FARA).

FARA requires persons in the United States who are acting as agents of foreign principals and engaged in certain specified activities to make periodic public disclosures of their relationship with the foreign principal, as well as activities, receipts, and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the activities of such persons in light of their function as foreign agents. The act authorizes the Attorney General to issue regulations, which were last amended in 2007.

The Justice Department’s proposed rule would make changes to key regulations, including those relating to the commercial exemption, the exemption for persons whose activities do not serve predominantly a foreign interest, and the exemption for persons qualified to practice law. The proposed rule also would modernize regulations relating to labeling informational materials in light of the significant technological changes that have occurred since the regulations were last amended more than a decade ago.

In December 2021, the department issued an Advance Notice of Proposed Rulemaking (ANPRM) with 19 questions to solicit comments about regulations on a range of topics, and the proposed rule reflects the department’s careful consideration of views submitted through this process.

An unofficial version of the NPRM is available here; the official version will be published in the Federal Register. Written comments on the NPRM may be submitted within 60 days of its publication in the Federal Register at www.regulations.gov. The NPRM will be followed by final regulations issued later.

Source: United States Department of Justice Criminal Division

A former corrections officer of the Maury County, Tennessee, Jail was sentenced yesterday in federal court in Nashville, Tennessee, to 60 months in prison and two years of supervised release.

James Stewart Justice was previously convicted of falsifying a record in a federal civil rights investigation for a report he wrote in response to allegations that he had sexually abused an inmate in his custody.   

“Everyone who serves in law enforcement knows of their duty of candor,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “That duty of candor is at its highest when responding to serious allegations such as the sexual abuse of an inmate in the officer’s care. The Civil Rights Division will continue to vigorously prosecute officers who disregard that duty and obstruct federal civil rights investigations.”

“When he authority that corrections officers are given is abused, it’s not just the civil rights of prison inmates that are threatened, but the public’s trust,” said Special Agent in Charge Joe Carrico of the FBI Nashville Field Office. “This sentencing should be a reminder that the FBI will vigorously investigate these kinds of cases and bring to justice any law enforcement officer who violates the constitution and trust of the people.”

According to court documents, Justice, formerly known as James Stewart Thomas, wrote an official report for the Maury County Jail in response to allegations that he sexually abused an inmate he guarded in a hospital room while the inmate recovered from major surgery. In his report, the defendant 1) falsely claimed that he had reported to two Maury County Jail supervisors that an inmate had made sexual advances toward him while the inmate was in his custody at the hospital; 2) falsely claimed that those two Maury County Jail supervisors both advised him not to write a report about those alleged sexual advances by the inmate; and 3) omitted a claim he later made to criminal investigators that he had a sexual relationship with the inmate after the inmate’s release from custody.

The FBI Nashville Field Office investigated the case.

Assistant U.S. Attorney Nani Gilkerson for the Middle District of Tennessee and Trial Attorney Kyle Boynton of the Justice Department’s Civil Rights Division prosecuted the case.

Source: United States Department of Justice Criminal Division

The Justice Department filed a federal lawsuit today against the State of Louisiana and Louisiana Department of Public Safety and Corrections (LDOC) alleging that the state and LDOC maintain a pattern or practice of confining incarcerated people for weeks and months after they have fully completed their prison sentences and are legally entitled to be released, in violation of the 14th Amendment.

“Every person in the United States, whether incarcerated or otherwise, enjoys certain fundamental rights,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Foremost among them is the right to individual liberty. The Founders were keenly aware of the potential abuse of power when government can arbitrarily take away a person’s freedom without a lawful court order specifying the period of their confinement. In this context, the right to individual liberty includes the right to be released from incarceration on time after the term set by the court has ended. To incarcerate people indefinitely, as LDOC does here, not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws. The Justice Department looks forward to proving its case in court.”

The lawsuit is the result of a multi-year investigation into allegations of systemic overdetention in LDOC’s system conducted by the department’s Civil Rights Division and U.S. Attorneys’ Offices for the Middle, Eastern and Western Districts of Louisiana.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the state with written notice of the supporting facts for these alleged conditions, and the minimum remedial measures necessary to address them in a report issued on Jan. 25, 2023.  CRIPA authorizes the department to act when it has reasonable cause to believe there is a pattern or practice of deprivation of constitutional rights of individuals confined to correctional facilities operated by or on behalf of state or local government.

Today’s lawsuit seeks injunctive relief to remedy deficient conditions identified by the department’s investigation. The lawsuit does not seek monetary damages. While the State has made marginal efforts to address the systemic deficiencies leading to overdetention, these steps are inadequate to address the deficiencies, which are longstanding and well-known to the State. 

The Civil Rights Division’s Special Litigation Section and U.S. Attorneys’ Offices for the Middle, Eastern and Western Districts of Louisiana are handling the case. Individuals with relevant information are encouraged to contact the department by phone at 1-833-492-0097 or by email at community.louisianadoc@usdoj.gov.

For more information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Additional information about the Eastern, Middle and Western U.S. Attorneys’ Offices is available at www.justice.gov/usao-edla, www.justice.gov/usao-mdla and www.justice.gov/usao-wdla. 

Source: United States Department of Justice Criminal Division

A federal grand jury in the Western District of Texas charged a Chinese national with two counts related to alleged distribution of pill press equipment that can be used by criminals to manufacture illegal drugs laced with fentanyl.

Department of Homeland Security agents arrested the defendant, Xaiofei Chen, at a trade show in Las Vegas on Oct. 29. According to the criminal complaint supporting her arrest warrant, Chen sold pill press machines that can be used with molds, stamps or dies mimicking commonly prescribed controlled substances to produce counterfeit pills that appear indistinguishable from legitimate pharmaceutical drugs. Specifically, the criminal complaint alleges that Chen worked for a Chinese-based company that sold die molds and equipment, and that Chen sold pill press equipment and counterfeit die molds to buyers in the United States. The complaint further alleges that Chen avoided Drug Enforcement Administration (DEA) disclosure requirements by dismantling equipment and shipping parts in separate packages into the United States. This equipment allegedly included counterfeit dies, including M30 dies meant to mimic a common prescription drug but which are regularly used to make fake opioid pills. The complaint alleges that the packages that Chen sent also were mislabeled to conceal the illegal equipment that they contained.

The Controlled Substances Act prohibits the sale of pill press equipment and counterfeit die molds to individuals who intend to use these machines unlawfully and requires reporting of certain equipment sales. Counterfeit pills made on such equipment can be laced with fentanyl and other dangerous drugs. According to the Centers for Disease Control and Prevention (CDC), fentanyl is a highly addictive synthetic opioid that is 50 times more potent than heroin and 100 times more potent than morphine. Fentanyl and related substances have devastated communities across the United States and fuel the ongoing drug overdose epidemic, which the CDC recently estimated killed approximately 107,000 Americans in 2023. Fentanyl overdose is the leading cause of death for Americans ages 18 to 49. In recent years, more than half of counterfeit pills tested have been found to have a potentially lethal dose of fentanyl.

“The fentanyl epidemic has taken hundreds of thousands of American lives, and this case reflects the department’s unwavering commitment to prosecuting every level of the deadly fentanyl supply chain,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to protect Americans by prosecuting those involved in the unlawful sale of parts and equipment that can be used to manufacture counterfeit pills.”

“The defendant allegedly sold equipment that can be used to make dangerous opioid pills harmful to American families,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “HSI is proud to work with our law enforcement partners to prevent the distribution of equipment commonly used in the manufacture of these destructive drugs.”

A federal court in Nevada ordered Chen, a foreign national, detained pending her trial in El Paso where the indictment was returned on Nov. 20. The indictment charges Chen with one count of conspiracy to distribute and import a tableting machine used to manufacture a controlled substance and one count of conspiracy to distribute dies designed to imprint and reproduce the trademark, trade name and other identifying mark and imprint of another. If convicted, Chen faces a maximum penalty of four years in prison and a $250,000 fine. A federal district court judge would determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

HSI and Customs and Border Protection are investigating the case.

Trial Attorneys Edward E. Emokpae, Scott B. Dahlquist and Kaitlin Sahni of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys Laura Franco Gregory and Donna S. Miller for the Western District of Texas are prosecuting the case. Attorneys Colin Trundle and Sarah Williams of the Consumer Protection Branch also provided valuable assistance.

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