California Corrections Officer Charged with Federal Conspiracy and Civil Rights Violations

Source: United States Department of Justice Criminal Division

A federal grand jury in Fresno, California, returned an indictment today charging California State Prison-Corcoran Correctional Officer Raquel Mosqueda and inmate Jimmie Carter with conspiracy and a federal civil rights violation.

The indictment alleges that, on or about April 20, 2022, Mosqueda and Carter conspired to violate the Eighth Amendment right to freedom from cruel and unusual punishment of J.M., an inmate at California State Prison-Corcoran. The indictment also charges Mosqueda with depriving J.M. of the same right, while acting under color of law, by facilitating Carter’s planned attack on J.M.

If convicted, Mosqueda and Carter both face a maximum penalty of 10 years in prison and a $250,000 fine for the conspiracy count. Mosqueda also faces a maximum penalty of 10 years in prison for the federal civil rights violation. 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 Phillip A. Talbert for the Eastern District of California and Acting Special Agent in Charge Mark Remily of the FBI Sacramento Field Office made the announcement.

The FBI Sacramento Field Office is investigating the case, with assistance from the California Department of Corrections and Rehabilitation’s Office of Internal Affairs.

Assistant U.S. Attorney Karen Escobar for the Eastern District of California and Trial Attorney Laura-Kate Bernstein 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.

Romanian National Sentenced to 20 Years in Prison in Connection with NetWalker Ransomware Attacks Resulting in the Payment of Millions of Dollars in Ransoms

Source: United States Department of Justice Criminal Division

A Romanian man was sentenced today for his role in the NetWalker ransomware attacks to 20 years in prison and ordered to forfeit $21,500,000 and his interests in an Indonesian limited liability company and associated luxury resort property under construction in Bali, Indonesia — a business venture he financed with proceeds from the attacks. He was also ordered to pay $14,991,580.01 in restitution.

Daniel Christian Hulea, 30, of Jucu de Mijloc, Cluj, Romania, pleaded guilty in the Middle District of Florida to computer fraud conspiracy and wire fraud conspiracy on June 20. According to court documents, Hulea admitted to participating in a conspiracy to use a sophisticated form of ransomware known as NetWalker. NetWalker ransomware has been used to target hundreds of victims all over the world, including companies, municipalities, hospitals, law enforcement, emergency services, school districts, colleges, and universities. NetWalker attacks specifically targeted the healthcare sector during the COVID-19 pandemic, taking advantage of the global crisis to extort victims. As part of his plea agreement, Hulea admitted to using NetWalker to obtain approximately 1,595 bitcoin in ransom payments for himself and a co-conspirator, valued at approximately $21,500,000 at the time of the payments.

Romanian law enforcement officers arrested Hulea in Cluj, on July 11, 2023, pursuant to a request submitted by U.S. authorities. Hulea was subsequently extradited to the United States pursuant to the extradition treaty between the United States and Romania.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Roger B. Handberg for the Middle District of Florida; and Special Agent in Charge Matthew W. Fodor of the FBI Tampa Field Office made the announcement.

The FBI Tampa Field Office investigated the case. The Justice Department’s Office of International Affairs provided valuable assistance in securing Hulea’s arrest and extradition. The U.S. Marshals Service transported Hulea from Romania to the United States.

Trial Attorney Sonia V. Jimenez of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Carlton C. Gammons and Suzanne Nebesky for the Middle District of Florida prosecuted the case.

Justice Department Secures Agreement with Vegetation Maintenance Company to Resolve Immigration-Related Discrimination Claims

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it secured an agreement with Burford’s Construction LLC (Burford’s), an Alabama-based contractor that provides vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves the department’s determination that Burford’s routinely discriminated against lawful permanent residents when verifying their permission to work by demanding specific, and sometimes unnecessary, documents.

“Employers cannot demand specific or unnecessary documents from workers because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers, regardless of citizenship status, deserve a hiring process that is free from discrimination.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that, from at least Jan. 1, 2021, through May 30, 2023, Burford’s routinely required lawful permanent residents to present specific immigration documents to establish their permission to work, even when they had already provided sufficient proof.

Under the terms of the settlement, Burford’s will pay $308,689 in civil penalties to the United States, train its personnel on anti-discrimination requirements, revise its employment policies that relate to hiring and be subject to departmental monitoring.

Lawful permanent residents are sometimes referred to as “green card holders,” but they can show their permission to work using different types of documentation. As explained in the department’s newly-released fact sheet for lawful permanent residents, the Immigration and Nationality Act (INA) protects lawful permanent residents from discrimination when an employer is verifying their permission to work. Employers cannot limit the valid documentation that a lawful permanent resident may show when verifying their ability to work. The fact sheet also explains how lawful permanent residents can get help if they are being discriminated against.

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.   

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

Security News: Justice Department Secures Agreement with Vegetation Maintenance Company to Resolve Immigration-Related Discrimination Claims

Source: United States Department of Justice 2

The Justice Department announced today that it secured an agreement with Burford’s Construction LLC (Burford’s), an Alabama-based contractor that provides vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves the department’s determination that Burford’s routinely discriminated against lawful permanent residents when verifying their permission to work by demanding specific, and sometimes unnecessary, documents.

“Employers cannot demand specific or unnecessary documents from workers because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “All workers, regardless of citizenship status, deserve a hiring process that is free from discrimination.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that, from at least Jan. 1, 2021, through May 30, 2023, Burford’s routinely required lawful permanent residents to present specific immigration documents to establish their permission to work, even when they had already provided sufficient proof.

Under the terms of the settlement, Burford’s will pay $308,689 in civil penalties to the United States, train its personnel on anti-discrimination requirements, revise its employment policies that relate to hiring and be subject to departmental monitoring.

Lawful permanent residents are sometimes referred to as “green card holders,” but they can show their permission to work using different types of documentation. As explained in the department’s newly-released fact sheet for lawful permanent residents, the Immigration and Nationality Act (INA) protects lawful permanent residents from discrimination when an employer is verifying their permission to work. Employers cannot limit the valid documentation that a lawful permanent resident may show when verifying their ability to work. The fact sheet also explains how lawful permanent residents can get help if they are being discriminated against.

IER is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.   

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

Former Richmond County, Georgia, Deputy Pleads Guilty Federal Civil Rights Violation

Source: United States Department of Justice

A former Richmond County, Georgia, Sheriff’s Office deputy has pleaded guilty to federal civil rights charges involving an assault on a jail detainee.

Dantavion Jones, 33, awaits sentencing after pleading guilty to an information charging the officer with one felony count of deprivation of civil rights under color of law.

According to court documents, Jones was a deputy with the Richmond County Sheriff’s Office. On May 7, 2022, Jones was working with other deputies at Richmond County’s Charles D. Webster Detention Center to secure inmates who had caused flooding in a section of the jail. Jones deliberately removed the handcuffs of a compliant inmate, after which another officer proceeded to punch him. Jones pleaded guilty to failing to intervene or stop the assault on the inmate, who was not posing a threat to anyone at the time of the assault. Former deputies Daniel D’Aversa and Melissa Morello previously pleaded guilty for their involvement in the same incident.

A sentencing date will be set at a later time. Jones faces a maximum penalty of 10 years in prison, along with substantial fines and restitution, followed by up to three years of supervised release upon completion of any prison term. 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 Jill E. Steinberg for the Southern District of Georgia and Acting Special Agent in Charge Sean Burke of the FBI Atlanta Field Office made the announcement.

The FBI Atlanta Field Office is investigating the case.

Assistant U.S. Attorney George J.C. Jacobs III for the Southern District of Georgia and Trial Attorney Anita T. Channapati of the Justice Department’s Civil Rights Division are prosecuting the case.