NewzIntel.com

Category: Department of Justice

  • MIL-OSI Security: Registered Sex Offender sentenced to 10 years in prison for possession of images of child sexual abuse

    Source: Office of United States Attorneys

    Defendant who raped 11-year-old child, found with child sexual abuse images after more than 10 years in prison and deviancy treatment

    Seattle –A 53-year-old Des Moines, Washington, man, who is a registered sex offender, was sentenced today to ten years in prison for possession of images of child sexual abuse, announced U.S. Attorney Tessa M. Gorman. Edward James Creed was on Washington State Department of Corrections supervision when he was found to have unapproved electronic devices in his residence and images of child sexual abuse on his phone. At the sentencing hearing U.S. District Judge Kymberly K. Evanson said, “creating a market for this material perpetuates the horrific abuse of children.”

    According to records filed in the case, Creed previously served more than ten years in state custody for a 2008 Kitsap County conviction for rape of a child. He was released in 2017 but was returned to custody for a time in 2019. In March of 2024, community corrections review of his phone revealed that he had collected seventy images of child sexual abuse. After his arrest, a search of his room at the sex offender residence revealed that he had a number of unapproved electronic devices.

    In asking for the ten year sentence Assistant United States Attorney Cecelia Gregson wrote to the court, “In light of the defendant’s demonstrated sexualized interest in minors, it bears repeating that it is exceedingly troubling Creed successfully completed a sexual deviancy treatment program in prison and after two relatively short periods of time in the community was caught seeking out (2020) or successfully obtaining (2024) child sexual abuse material and unlawfully accessing the internet to do so…. He has proven history of deceiving those tasked with monitoring him in the community and has demonstrated a significant commitment to do so.”

    Judge Evanson ordered Creed to be on 15 years of supervised release to follow prison.

    The case was investigated by Homeland Security Investigations (HSI) and the Washington State Department of Corrections.

    The case was prosecuted by Assistant United States Attorney Cecelia Gregson.

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

    MIL Security OSI –

  • MIL-OSI Security: More Than a Dozen Cardiology Practices Will Pay Over $17.7 Million to Resolve False Claims Act Allegations Concerning Inflated Medicare Reimbursements

    Source: Office of United States Attorneys

                WASHINGTON – The U.S. Attorney’s Office announced today the resolution of False Claims Act violations against 16 separate cardiology practices and associated physicians, located across 12 states, and their agreement to pay a total of $17,761,564 to resolve allegations that they violated the False Claims Act by overbilling Medicare for diagnostic radiopharmaceuticals. The U.S. Attorney’s Office for the District of Columbia was involved in 14 of these settlements, resulting in a total of $10,601,970.97. The remaining amount was captured by the U.S. Attorney’s Office for the Western District of Kentucky. The Department of Justice also announced these settlements.

              Diagnostic radiopharmaceuticals are radioisotopes bound to biological molecules that target specific organs, tissues or cells within the human body and are used to diagnose and in some cases, treat certain cancers and diseases. In 13 states and the District of Columbia, Medicare Part B reimburses healthcare providers for diagnostic radiopharmaceuticals based on the provider’s acquisition cost. In those jurisdictions, Medicare’s contractors have published guidance explaining the reimbursement methodology and providers’ obligation to accurately report their invoice cost for diagnostic radiopharmaceuticals. The government alleged that the settling cardiology practices regularly reported inflated acquisition costs to Medicare for these drugs. In each of the settlements, the conduct occurred for at least a year, and in some instances, the conduct extended over a period of more than 10 years.

              “Practices and providers who overcharge the government and fail to return overpayments compromise our healthcare programs,” said U.S. Attorney Graves. “When people see the wrong and report it, we have the tool we need to put a stop to this type of irresponsible conduct. So I applaud the whistleblowers who came forward in this case.”

              “The integrity of federal healthcare programs depends upon compliance with billing rules that are used to determine reimbursement,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We are committed to ensuring that Medicare funds are expended appropriately.”

              The settling medical practices and associated physicians have agreed to pay the following amounts:

    •           Heart Clinic of Paris, P.A. and Arjumand Hashmi ($2.6m)

    •           Scranton Cardiovascular Physician Services, LLC ($2,369,111)

    •           Shannon Clinic ($996,856)

    •           Edward W. Leahey M.D. Professional Association and Edward Leahey ($894,679)

    •           Metropolitan Cardiovascular Consultants, LLC and Ayim Djamson ($846,888)

    •           Cardiology Center of New Jersey, LLC, Mario Criscito, Frank Iacovone, and Sameer Kaul ($740,000)

    •           Clovis Cardiology Associates LLC and Mahamadu Fuseini ($600,000)

    •           James R. Higgins M.D., Inc. and James Higgins ($395,537)

    •           TrustCare Health, LLC ($279,407)

    •           Taj Medical, Inc. ($240,000)

    •           White River Diagnostic Clinic, PLC, Margaret Kuykendall, and Seth Barnes ($234,490)

    •           Boulder Medical Center, PC ($160,000)

    •           (USAO-WDKY) Western Kentucky Heart & Lung Associates PSC and Mohammed Kazimuddin ($6,750,000)

    •           (USAO-WDKY) Family Medical Specialty Clinic, PLLC, Melecio Abordo, and June Abadilla ($409,594)

              “These practitioners overbilled the Medicare program by grossly exaggerating the acquisition costs of drugs used in diagnostic imaging of the heart,” said Michael A. Bennett, United States Attorney for the Western District of Kentucky. “This Office is committed to protecting our federal health care programs, and we will hold accountable anyone who seeks to exploit them.”

              “Medicare providers are required to be honest and accurate in the costs they report for reimbursement,” said Special Agent in Charge Maureen Dixon, for the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to investigate alleged false claims act violations and ensure the integrity of the Medicare program.”

              The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Jasjit Walia and Preet Randhawa in the District of Columbia and the Western District of Kentucky.  Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The whistleblowers will receive a total of approximately $2.2 million from the settlements announced today.

              The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the United States Attorney’s Offices for the District of Columbia and Western District of Kentucky, with assistance from the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations.

              The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

              The matter was handled by Trial Attorney James Nealon and Assistant U.S. Attorneys Ben Schecter and Matt Weyand from Western District of Kentucky, and Stephen DeGenaro and John C. Truong from the District of Columbia.

    The claims resolved by the settlement are allegations only and there has been no determination of liability.

    MIL Security OSI –

  • MIL-OSI USA: Senator Murray, Rep. Smith, Rep. Jayapal Call for U.S. Led Investigation Into the Death of Ayşenur Ezgi Eygi

    US Senate News:

    Source: United States Senator for Washington State Patty Murray

    Washington, D.C. – Today, Senator Patty Murray (D-WA), and U.S. Representatives Adam Smith (D, WA-09) and Pramila Jayapal (D, WA-07), released the following joint statement urging the Biden Administration to immediately launch an investigation into the fatal shooting of U.S. Citizen Ayşenur Ezgi Eygi in the West Bank:

    “On September 6, Ayşenur Ezgi Eygi was fatally shot in the West Bank while she was peacefully participating in a demonstration against Israeli settlements in the Palestinian village of Beita. Since then, we have requested an independent, thorough, credible, and transparent investigation into what happened that day to both better understand the circumstances of her death and ensure that if any laws were broken those who were responsible are held to account.

    “This week, Ms. Eygi’s family came to D.C. to discuss the challenges they’ve faced and the questions they still have about what happened. The lack of answers they have received is unacceptable.

    “We call on Israel to complete their investigation and release their report on the cause of her death. Secretary Blinken must insist on the release of any Israeli investigation results. We also continue to urge the U.S. Department of Justice to initiate an independent, U.S.-led investigation into Ms. Eygi’s death. If the Justice Department isn’t going to investigate, then the State Department should release their own findings and seek accountability.

    “Prime Minister Netanyahu and his government have exacerbated tensions in the West Bank with their promotion of rapid Israeli settlement expansion. This dangerous situation in the West Bank has claimed the lives of far too many civilians, including Ms. Eygi.

    “We applaud the sanctions that President Biden has imposed thus far on extremist Israeli settlers, including the settler organization Amana. Clearly, more must be done. The policies of Prime Minister Netanyahu’s government undermine the viability of a Palestinian state and Israel’s security, violate the rights of Palestinians living in the West Bank, and put the region at even greater risk of further destabilization.

    “It is time for the Biden Administration to thoroughly investigate the shooting of Ms. Eygi.”

    MIL OSI USA News –

  • MIL-OSI USA: ERO New York City arrests previously removed unlawfully present Mexican citizen, sex offender

    Source: US Immigration and Customs Enforcement

    NEW YORK — U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in New York City arrested unlawfully present Mexican citizen Jose Hernandez Sachez, Dec. 19. Hernandez has convictions for third degree sexual abuse among other charges.

    Fugitive operations officers arrested the 42-year-old sexual predator outside a residence in Brooklyn. He is currently in ERO custody pending removal proceedings.

    “We will not tolerate predators taking advantage of public services such as the MTA to violate women and girls,” said ERO New York City Field Office Director Kenneth Genalo. “ERO officers will find these criminal noncitizens and seek their removal from the United States.”

    The U.S. Border Patrol arrested Hernandez following three separate attempts to unlawfully enter the U.S. near Nogales, Arizona, between Jan. 7 and Jan. 9, 2003. Hernandez voluntarily returned to Mexico on each occasion but later unlawfully entered the U.S. on an unknown date and location without admission by an immigration official.

    The New York Police Department arrested Hernandez Jan. 13, 2023, for third degree sexual abuse and other charges. The Queens County Criminal Court in Kew Gardens convicted Hernandez of those charges May 30. The victim in this case was a 15-year-old girl.

    Hernandez was arrested again on sex abuse charges by the NYPD Nov. 17, 2023. The Kings County Criminal Court in Brooklyn convicted him On June 12 on those charges and sentenced him to one year probation with conditional discharge and required him to register as a sex offender. The victim in this case was a 40-year-old woman.

    Noncitizens placed into removal proceedings receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Executive Office for Immigration Review. The Executive Office for Immigration Review is an agency within the U.S. Department of Justice and is separate from the Department of Homeland Security and U.S. Immigration and Customs Enforcement. Immigration judges in these courts make decisions based on the merits of each individual case. ERO officers carry out the removal decisions made by the federal immigration judges.

    ERO is one of ICE’s three operational directorates and is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal.

    Members of the public can report crimes and suspicious activity by dialing 866-347-2423 or completing ICE’s online tip form.

    Learn more about ERO New York’s mission to preserve public safety on Twitter @ERONewYork.

    MIL OSI USA News –

  • MIL-OSI Security: Florida Man Arrested for Assaulting Law Enforcement with a Weapon and Other Offenses During Jan. 6 Capitol Breach

    Source: Office of United States Attorneys

                WASHINGTON — A Florida man was arrested yesterday morning and charged with assaulting law enforcement with a weapon and other counts related to his alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His alleged actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

                Joel Linn O’Donnell, 44, of Clearwater, Florida, is charged in a criminal complaint filed in the District of Columbia with seven offenses, including assaulting, resisting, or impeding certain officers with a deadly or dangerous weapon; assaulting, resisting, or impeding certain officers; obstruction of law enforcement during civil disorder; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon.

                In addition to the felonies, O’Donnell is charged with two misdemeanor offenses of disorderly conduct in a Capitol building and an act of physical violence in the Capitol grounds or buildings.

                The FBI arrested O’Donnell December 19, in Clearwater. He made his initial appearance in the Middle District of Florida.

                According to court documents, on Jan. 6, 2021, O’Donnell attended a rally near the Ellipse in Washington, D.C., and afterward, joined a large crowd marching toward the U.S. Capitol building. Once on Capitol grounds, O’Donnell positioned himself at the Lower West Plaza.

                O’Donnell, accompanied by an associate, moved closer to the Capitol building, transitioning from the West Front to the Upper West Terrace. There, he joined a mass of rioters on temporary stadium-style risers as objects were hurled at police officers nearby. The crowd reportedly chanted “TRAITORS!” at law enforcement officers attempting to control the unrest.

                At approximately 4:54 p.m., it is alleged that O’Donnell advanced toward the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement that day, while carrying a large step and two long poles. Moments later, O’Donnell allegedly used these items as weapons, hurling all three of the objects at police officers defending the Tunnel.

                At approximately 5:02 p.m., it is alleged that O’Donnell returned to the police line armed with a baseball bat and repeatedly struck a Metropolitan Police Department officer, hitting the officer’s riot shield. Court documents say that O’Donnell only retreated from the tunnel area after police deployed riot control munitions to disperse the crowd.

                This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Florida.

                This case is being investigated by the FBI’s Tampa and Washington Field Offices which identified Gonzalez as AFO (Assault on Federal Officer) BOLO (Be on the Lookout) #352 on its seeking information images. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

                In the 47 months since Jan. 6, 2021, more than 1,572 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 590 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

                Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

                A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL Security OSI –

  • MIL-OSI Security: Pennsylvania Man Sentenced to Prison for Assaulting Law Enforcement with a Weapon During Jan. 6 Capitol Breach

    Source: Office of United States Attorneys

                WASHINGTON – A Pennsylvania man was sentenced to prison today after he previously pleaded guilty to assaulting law enforcement with a weapon during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

                 Joshua Lee Atwood, 31, of Burgettstown, Pennsylvania, was sentenced to 48 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Randolph D. Moss. Atwood previously pleaded guilty to a felony charge of assaulting, resisting, or impeding certain officers using a dangerous weapon.

                According to court documents, Atwood traveled from his home in Burgettstown to Washington, D.C., to attend the Jan. 6, 2021, “Stop the Steal” rally on the National Mall. After the rally, Atwood made his way toward the U.S. Capitol building and, by approximately 4:22 p.m., arrived at the Lower West Terrace Tunnel, the site of some of the most violent attacks against law enforcement on January 6th. There, Atwood observed law enforcement officers actively attempting to prevent members of the crowd from entering the building.

                At approximately 4:35 p.m., Atwood climbed into the Capitol building through a broken window next to the Tunnel and entered into a Senate room near the Lower West Terrace exterior doors. Atwood exited the building and, by approximately 4:51 p.m., joined the mob gathered around the Tunnel entrance, which law enforcement officers were actively defending. Atwood started throwing several objects at officers in the Tunnel, including a plastic bottle and a metal pole, both of which struck police officers.

                Atwood then picked up a wooden pole and used it to forcibly strike at the riot shields of officers in the police line. Atwood then used the pole to strike an officer’s helmet before throwing the pole at the police line. Next, at approximately 4:56 p.m., Atwood drew a canister of pepper spray and continuously sprayed the officers guarding the Tunnel entrance until the canister was depleted. Atwood then threw the canister at police.  Atwood then threw additional items at the police, including a baseball bat and a plastic bottle.

                Atwood then used a police riot shield to strike at officers guarding the Tunnel, including by thrusting the bottom edge of the shield into the officer’s shields. When striking police with the riot shield, Atwood yelled, “F— off, you guys are all pieces of s—”, and “Everyone of you should be ashamed of yourself. Everyone of you m—f—are pieces of s—. Betraying your country like this, why would you betray your country. Do you love your country, or do you want civil…communist f—.”

                Shortly after, Atwood picked up a metal scaffolding pipe and threw it at police. The pipe bounced off a riot shield and struck another officer in the head and neck. Moments later, Atwood picked up a heavy black speaker and threw it toward the group of officers.

                The FBI arrested Atwood on April 17, 2024, in Pennsylvania.

                The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Western District of Pennsylvania provided valuable assistance.

                This case was investigated by the FBI’s Pittsburgh and Washington Field Offices. Atwood was listed as BOLO (Be on the Lookout) #229 in the FBI’s seeking information images. Valuable assistance was provided by the U.S. Capitol Police and Metropolitan Police Department.

                In the 47 months since Jan. 6, 2021, more than 1,572 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 590 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

                Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

    24-cr-0199

    MIL Security OSI –

  • MIL-OSI Security: U.S. Attorney’s Office Secures Agreement With Washoe County To Ensure Polling Place Access To Voters With Disabilities

    Source: Office of United States Attorneys

    RENO – The United States Attorney’s Office for the District of Nevada has entered into an agreement with the Washoe County Board of Commissioners to resolve a compliance review that identified numerous physical barriers at polling sites. The agreement resolves the United States’ investigation into Washoe County’s compliance with Title II of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by a state or local government in any of its programs or services. The agreement will be in place through the 2026 and 2028 election cycles.

    “We must continue to protect the rights of all Nevadans to participate in one of the most fundamental rights we possess, voting rights,” said Sue Fahami, First Assistant United States Attorney, District of Nevada. “That is why we are proud to protect the rights of voters with disabilities to cast their ballot in person, privately, independently and without barriers. We are grateful for Washoe County’s commitment to helping accomplish this mutual goal.”

    On June 11, 2024, during Nevada’s primary election, the United States surveyed 10 polling locations in Washoe County. The surveys found a multitude of architectural and equipment barriers both in the exterior of polling sites and inside voting rendering the facilities inaccessible. These physical barriers included obstructions at accessible voting stations, unreachable voting machine controls, missing accessibility signage at parking spaces, surface openings from the public sidewalk to the accessible entrance, gaps and level changes.

    As part of the agreement, Washoe County will train poll workers on the County’s obligations under the Americans with Disabilities Act and how to employ temporary measures if necessary. It will also use the technical assistance of an accessibility expert and an evaluation form for each current and prospective polling place based on ADA architectural standards. Washoe County will also survey polling locations for accessibility throughout the term of the agreement. Importantly, when selecting future polling sites, Washoe County will ensure that new locations are ADA accessible. The United States Attorney’s Office will monitor the agreement and provide technical assistance.

    The Washoe County investigation is part of the Department of Justice’s ADA Voting Initiative, which focuses on protecting the voting rights of individuals with disabilities across the country. A hallmark of the ADA Voting Initiative is its collaboration with jurisdictions to increase accessibility at polling places.

    The case is being handled by Assistant United States Attorney Ednin D. Martinez.

    If you believe you have been discriminated against based on disability, please submit a report www.civilrights.justice.gov. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.

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    MIL Security OSI –

  • MIL-OSI Security: Anchorage man arrested for receiving, distributing, possessing child pornography

    Source: Office of United States Attorneys

    ANCHORAGE, Alaska – An Anchorage man was arrested last night at his residence on criminal charges related to his alleged receipt, distribution and possession of child sexual abuse materials (CSAM).

    According to court documents, on Aug. 13, 2024, Anthaney O’Connor, 25, reported another individual to law enforcement, who he claimed wanted to commit sexual assaults against minors. He alleged the other individual sent him CSAM and links to applications known to be utilized by individuals seeking sexually explicit materials portraying minors.

    Law enforcement searched O’Connor’s phone. Upon review, law enforcement discovered that O’Connor possessed two images of CSAM that the individual allegedly sent him. Law enforcement also discovered information indicating that O’Connor discussed creating virtual reality generated CSAM using a photo someone had surreptitiously taken of a prepubescent boy at a local store. O’Connor allegedly possessed roughly six artificial intelligence (AI)/cartoon drawing/images depicting CSAM, four CSAM images and two videos containing CSAM.

    Law enforcement executed a search warrant on O’Connor’s residence on Dec. 19, 2024, and agents discovered additional CSAM images and videos on his computer, some of which were AI images/anime depicting prepubescent children. Law enforcement also discovered two electronic storage devices and a computer hard drive hidden in the vents of O’Connor’s bedroom closet. The contents of these devices are pending review.

    O’Connor is charged with one count of receipt of child pornography, one count of distribution of child pornography and two counts of possession of child pornography. If convicted, O’Connor faces up to 20 years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    U.S. Attorney S. Lane Tucker for the District of Alaska and Special Agent in Charge Rebecca Day of the FBI Anchorage Field Office made the announcement.

    The FBI Anchorage Field Office and Anchorage Police Department are investigating this case as part of the FBI’s Child Exploitation and Human Trafficking Task Force.

    Assistant U.S. Attorney Mac Caille Petursson is prosecuting the case.

    This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing 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, please visit https://www.justice.gov/psc.

    A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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  • MIL-OSI USA: Attorney General Bonta Announces Nearly $1.2 Million Settlement with Valley Rock Foundation for Self-Dealing Transactions

    Source: US State of California

    Thursday, January 23, 2025

    Contact: (916) 210-6000, agpressoffice@doj.ca.gov

    OAKLAND – California Attorney General Rob Bonta today announced a nearly $1.2 million settlement against the Valley Rock Foundation, formerly, Edward A. Keith Foundation, and its directors Celeste White and Dr. Robert White (Whites). The settlement resolves allegations that the directors engaged in self-dealing transactions, unjust enrichment, and breach of fiduciary duty for improper personal benefits from the Foundation’s charitable assets. The Whites do not admit liability in the settlement agreement.   

    “At the California of Justice, we are unwavering in our commitment to safeguarding the integrity of charitable organizations and will hold any individual or entity accountable that misuses charity funds for personal enrichment,” said Attorney General Bonta. “This settlement sends a clear message: Those who abuse their positions and exploit charitable resources for personal gain will be held fully responsible for their wrongdoings.”  

    The settlement resolves concerns that the Whites breached their fiduciary obligation to act in the best interest of their charitable organization. An investigation by the Attorney General’s Office revealed that the Whites made improvements to their personal real property (Barn), and to their condominium in Lake Tahoe, Nevada, using charitable assets. The investigation also showed that the defendants allegedly formed Veritas Refuge to acquire and manage the real estate assets of the Foundation. The expenses of the Veritas Refuge, however, do not appear on the Foundation’s IRS Form 990-PFs, resulting in a lack of transparency to our office and the public.

    Under the terms of the settlement, the Whites must adhere to the following: 

    • The Foundation will be required to dissolve, and any assets left after the payment of fees and expenses will be distributed to Westmont College, the named beneficiary of the Foundation upon dissolution.
    • One of the Whites will resign as a director of the Foundation, and the President of Westmont College will be appointed to the board as an independent director. 
    • The Foundation will make a set of final grants totaling $10 million towards the opening of a community-use area in Yountville, the rehabilitation and development of two churches in the Napa area, and the renovation of campus facility buildings at Westmont College in Santa Barbara, California. 
    • The Foundation will contribute $997,571 to ImpactAssets, Inc. This amount is to resolve flood damage claims related to the Whites’ Lake Tahoe property and fire damage claims at the Barn that led to a loss of use of charitable assets for their intended charitable purpose. The payments are restricted to specifically benefit residents of California. 
    • Pay the California Department of Justice $150,000 in attorneys’ fees, investigatory costs, and settlement of claims. 

    A copy of the settlement can be found here.  

    # # #

    MIL OSI USA News –

  • MIL-OSI Security: Statement from a DHS Spokesperson on Directive Expanding Immigration Law Enforcement

    Source: US Department of Homeland Security

    WASHINGTON – Today, Acting Department of Homeland Security Secretary Benjamine Huffman issued a directive essential to fulfilling President Trump’s promise to carry out mass deportations.

    The directive gives Department of Justice (DOJ) law enforcement officials in the U.S. Marshals, Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons authority to investigate and apprehend illegal aliens.

    “Thanks to the last Administration’s open border policies, we’ve seen violent criminals and gang members terrorize American communities. Today’s action empowers law enforcement officials at the DOJ to help identify and apprehend aliens who have illegally come into our country. Mobilizing these law enforcement officials will help fulfill President Trump’s promise to the American people to carry out mass deportations. For decades, efforts to find and apprehend illegal aliens have not been given proper resources. This is a major step in fixing that problem.”

    MIL Security OSI –

  • MIL-OSI USA: Joint Statement from Thirteen State Attorneys General: State and Local Law Enforcement Cannot Be Commandeered for Federal Immigration Enforcement

    Source: US State of California

    Thursday, January 23, 2025

    Contact: (916) 210-6000, agpressoffice@doj.ca.gov

    OAKLAND – California Attorney General Rob Bonta, along with the attorneys general of New York, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, Rhode Island, Vermont, and Washington, today issued a joint statement addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement: 

    “It is well-established—through longstanding Supreme Court precedent—that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws. While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service—and at no cost to itself—the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.

    “Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution. The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.

    “As state attorneys general, we have a responsibility to enforce state laws – and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the President’s mass deportation agenda.”

    # # #

    MIL OSI USA News –

  • MIL-OSI Security: Convicted Sex Offender Sentenced to 10 Years in Prison for Amassing Another Cache of Child Pornography

    Source: Office of United States Attorneys

    PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Joseph Gallo, 80, of Philadelphia, Pennsylvania, was sentenced today by United States District Court Judge Juan R. Sanchez to 10 years in prison, five years of supervised release, $12,750 in restitution, and $10,000 in additional special assessments, for possessing thousands of images and videos of child pornography.

    In March of last year, the defendant was charged by information with possession of child pornography as a second-time child sex offender. He pleaded guilty in July, admitting that, over a period of more than three years, he had amassed a collection of more than 18,000 images depicting the sexual abuse and exploitation of children.

    At the time Gallo committed these crimes, he was already a registered sex offender under Megan’s Law, attending court-ordered sex offender treatment, and serving a sentence of supervised county probation, following his 2015 prosecution in Bucks County for similar offenses.

    “Gallo learned nothing from his first conviction and again started seeking out those abhorrent images,” said U.S. Attorney Romero. “Consumers of child pornography like him perpetuate the exploitation and trauma of innocent victims, which my office, HSI, and our partners simply won’t abide. We’ll continue to hold accountable collectors of child sexual abuse material, because protecting kids everywhere is paramount.”

    This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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, please visit projectsafechildhood.gov.

    The case was investigated by Homeland Security Investigations and the Bucks County District Attorney’s Office and is being prosecuted by Assistant United States Attorney Michelle Rotella.

    MIL Security OSI –

  • MIL-OSI Security: Wichita man pleads guilty to child pornography distribution

    Source: Office of United States Attorneys

    WICHITA, KAN. – A Kansas man pleaded guilty to distributing child sexual abuse materials over the internet.

    According to court documents, Sebastian Grattan, 28, of Wichita pleaded guilty to one count of distribution of child pornography.

    Grattan admits to creating an account on a messaging app and using it to distribute child sex abuse materials in November 2023.

    The defendant was remanded to the custody of the U.S. Marshals Service. He is scheduled to be sentenced on April 10, 2025, and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The Kansas Internet Crimes Against Children Task Force, Wichita Police Department, and Homeland Security Investigations (HSI) are investigating the case.

    Assistant U.S. Attorney Molly Gordon is prosecuting the case.

    Project Safe Childhood
    This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing 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, please visit https://www.justice.gov/psc.
    ###

    MIL Security OSI –

  • MIL-OSI USA: Sens. Johnson, Grassley Launch Congressional Investigation into Deadly New Year’s Day Attacks

    US Senate News:

    Source: United States Senator for Wisconsin Ron Johnson
    WASHINGTON – On Tuesday, Senate Permanent Subcommittee on Investigations Chairman Ron Johnson (R-Wis.) and Judiciary Committee Chairman Chuck Grassley (R-Iowa) called for answers in the aftermath of the tragic New Year’s Day attacks in New Orleans and Las Vegas. 
    Sens. Johnson and Grassley are demanding the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Department of Defense (DOD), and the Department of Homeland Security (DHS) provide further information on the backgrounds and motives of the ISIS-inspired New Orleans attacker, Shamsud-Din Jabbar, and Las Vegas perpetrator, Matthew Alan Livelsberger. 
    Additionally, the chairmen are requesting records from Meta regarding Jabbar’s Facebook activity leading up to his deadly assault in New Orleans’ French Quarter. Jabbar posted five videos to his Facebook page in the hours before the attack describing his ISIS allegiance and harmful intent.
    “The public deserves complete transparency and the truth regarding the New Orleans terrorist attack and the Las Vegas car explosion,” the chairmen wrote. “While we understand the investigation into both of these incidents is ongoing, we expect your agencies to be forthcoming and responsive to oversight requests from Congress on this very serious matter.”
    The senators are also following up on legally protected whistleblower disclosures that the FBI Special Agent in Charge (SAC) of the New Orleans field office was on vacation during the New Year’s attack. Since receiving the senators’ letters, the FBI has confirmed the New Orleans SAC was on vacation at the time and did not return to New Orleans until January 2.
    “These are major public events that a SAC should be present for. The FBI failed to note this in any of the joint briefings it provided to Congress and must provide more information,” the chairmen noted.
    Sens. Johnson and Grassley’s letters are linked below:

    MIL OSI USA News –

  • MIL-OSI USA: Statement from a DHS Spokesperson on Directive Expanding Immigration Law Enforcement

    Source: US Federal Emergency Management Agency

    Headline: Statement from a DHS Spokesperson on Directive Expanding Immigration Law Enforcement

    ASHINGTON – Today, Acting Department of Homeland Security Secretary Benjamine Huffman issued a directive essential to fulfilling President Trump’s promise to carry out mass deportations.
    The directive gives Department of Justice (DOJ) law enforcement officials in the U.S. Marshals, Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons authority to investigate and apprehend illegal aliens.
    “Thanks to the last Administration’s open border policies, we’ve seen violent criminals and gang members terrorize American communities. Today’s action empowers law enforcement officials at the DOJ to help identify and apprehend aliens who have illegally come into our country. Mobilizing these law enforcement officials will help fulfill President Trump’s promise to the American people to carry out mass deportations. For decades, efforts to find and apprehend illegal aliens have not been given proper resources. This is a major step in fixing that problem.”

    MIL OSI USA News –

  • MIL-OSI USA: Joint Statement from AG Brown, Twelve Other Attorneys General: State and Local Law Enforcement Cannot Be Commandeered for Federal Immigration Enforcement

    Source: Washington State News

    OLYMPIA – Attorney General Nick Brown, along with the attorneys general of California, New York, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, Rhode Island and Vermont, today issued a joint statement addressing a memorandum from a Trump political appointee at the U.S. Department of Justice addressing state and local involvement in federal immigration enforcement:

    “It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws. While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.

    “Despite what he may say to the contrary, the President cannot unilaterally re-write the Constitution. The President has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.

    “As state attorneys general, we have a responsibility to enforce state laws – and we will continue to investigate and prosecute crimes, regardless of immigration status. We will not be distracted by the President’s mass deportation agenda.” 

    -30-

    Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

    Media Contact:

    Email: press@atg.wa.gov

    Phone: (360) 753-2727

    General contacts: Click here

    MIL OSI USA News –

  • MIL-OSI USA: HARRISBURG – Shapiro-Davis Administration to Highlight $2.5 Million Federal Award to Establish New Statewide Sexual Assault Kit Tracking System

    Source: US State of Pennsylvania

    January 27, 2025 – Harrisburg, PA

    ADVISORY – HARRISBURG – Shapiro-Davis Administration to Highlight $2.5 Million Federal Award to Establish New Statewide Sexual Assault Kit Tracking System

    Lieutenant Governor Austin Davis will join bipartisan legislators and advocates to announce a new $2.5 million federal award from the U.S. Department of Justice, Bureau of Justice Assistance (BJA) awarded to the Pennsylvania Commission on Crime and Delinquency (PCCD) to transform the Commonwealth’s ability to support survivors of sexual violence and increase accountability and transparency through a new statewide sexual assault kit tracking system initiative.

    The federal award furthers recent legislation, Senate Bill 920, sponsored by Senator Langerholc and enacted by Governor Shapiro in October 2024 as Act 122 of 2024.

    WHO:
    Lt. Governor Davis, PCCD Chair
    Senator Wayne Langerholc
    Speaker of the House, Representative Joanna McClinton
    Senator Katie Muth
    Senator Tracy Pennycuick
    Gabriella Romeo, Public Policy Director, Pennsylvania Coalition to Advance Respect (PCAR)

    WHEN:
    Monday, January 27, 2025 at 10:30 AM.

    WHERE:
    Balcony outside of the Lt. Governor’s Office, Capitol Building.

    RSVP:
    Press who are interested in attending must RSVP to algantz@pa.gov.

    Photos will be available on following the event.

    MIL OSI USA News –

  • MIL-OSI Security: El Dorado Convicted Sex Offender Indicted for Distribution of Child Pornography

    Source: Federal Bureau of Investigation (FBI) State Crime News

    SACRAMENTO, Calif. — A federal grand jury returned a single-count indictment against Kevin Dail Meadors, 56, of El Dorado Hills, charging him with receipt of child pornography, U.S. Attorney Phillip A. Talbert announced.

    According to court documents, between July 1, 2023, and Dec. 9, 2023, Meadors knowingly received visual depictions of minors engaged in sexually explicit conduct. The indictment alleges that Meadors suffered a prior conviction for committing lewd and lascivious acts with a child under the age of 14, which affects the potential penalties he faces in this case.

    This case is the product of an investigation by the Federal Bureau of Investigation, El Dorado County District Attorney’s Office, and Sacramento Valley Hi-Tech Crimes Task Force. Special Assistant U.S. Attorney Nchekube Onyima and Assistant U.S. Attorney Shea J. Kenny are prosecuting the case.

    If convicted, Meadors faces a mandatory minimum penalty of 15 years in prison, a maximum statutory penalty of 40 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

    This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.

    MIL Security OSI –

  • MIL-OSI Security: Guatemalan National Pleads Guilty to Heroin and Methamphetamine Delivery to Fresno

    Source: Federal Bureau of Investigation (FBI) State Crime News

    FRESNO, Calif. — Donis Ariel Maldonado, 28, a Guatemalan national residing in El Monte, pleaded guilty today to conspiring to distribute and possess with intent to distribute heroin and methamphetamine, U.S. Attorney Phillip A. Talbert announced.

    According to court documents, Maldonado agreed with other members of the conspiracy to distribute 22 pounds of heroin and over 80 pounds of methamphetamine sourced from Mexico.  On June 24, 2019, Maldonado delivered the drugs to an informant in Fresno.

    This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Fresno County Sheriff’s Office, and the High Impact Investigation Team (HIIT), a High Intensity Drug Trafficking Area Initiative (HIDTA), which consists of personnel from the California Department of Justice, Fresno Police Department, Fresno County Sheriff’s Office, Fresno County District Attorney’s Office, California Highway Patrol, Madera County Sheriff’s Office, Tulare County Sheriff’s Office, Kings County Sheriff’s Office, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney Karen Escobar is prosecuting the case.

    Maldonado is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Feb. 18, 2025. Maldonado faces a maximum statutory penalty of 20 years in prison and a $2 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

    The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF. 

    MIL Security OSI –

  • MIL-OSI Security: Jacksonville Medical Records Technician Sentenced to 35 Years for Sexually Exploiting Numerous Children Online

    Source: Federal Bureau of Investigation (FBI) State Crime News

    Jacksonville, Florida – Chief United States District Judge Timothy J. Corrigan has sentenced Arin Caleb Ellis (27, Jacksonville) to 35 years in federal prison for producing and distributing videos depicting children being sexually abused. Ellis was also ordered to serve a lifetime term of supervised release and to register as a sex offender. Ellis was arrested on August 29, 2022, and has been in federal custody since that date. On February 28, 2024, Ellis pleaded guilty to persuading and coercing a child to engage in producing visual depictions of sexually explicit conduct and to distributing a video depicting a child being sexually abused. 

    According to court documents, from January 2018 through August 29, 2022, Ellis was an active member of several online groups on social media applications (apps) dedicated to the sexual exploitation of children and the sharing of child sexual abuse materials. Ellis and other members of these groups conspired and worked together to locate and sexually exploit minors across a variety of online social media platforms. During online text conversations, Ellis and other members discussed and strategized on how to pressure and coerce targeted children into producing sexually explicit photos and videos and engaging in sexually explicit conduct live on social media apps. Ellis and the other members also exchanged information about the identity of children who had an online presence, such as the minors’ names, ages, locations, and online user identifiers. Ellis told other group members that he preferred targeting female children who were 8 to 11 years old. Posing as minor children, Ellis and the other members persuaded and coerced the targeted children to engage in sexually explicit conduct and to live-stream the conduct that Ellis and his co-conspirators would covertly record. When Ellis and the other members obtained the sexually explicit recordings, they shared these materials through online group chats and other cloud-based file storage apps and websites.

    Ellis developed and used certain recording tools to capture live-streaming content over the internet that depicted the targeted children engaging in sexual acts. These tools allowed Ellis to simultaneously record multiple streaming video feeds from different children, and he shared these tools with other members for their use. Ellis used a variety of social media apps to communicate with the targeted minors across the United States and portrayed himself as a 10 or 11-year-old female child named “nova” from Florida. Ellis initially sent the targeted child sexually explicit photos and videos depicting an actual minor female that he was pretending to be and asked the child to be his “girlfriend.” After gaining some measure of trust, he then asked the child to send him sexually explicit photos and videos and recorded the child as she live-streamed sexually explicit conduct at his direction. Ellis also threatened some of the targeted children who refused to provide him with sexually explicit materials. 

    Ellis and the other group members also collaborated to hack into baby monitors, “nanny” cameras, and other internet-enabled cameras within private residences. The co-conspirators periodically provided Ellis with internal protocol addresses, which he developed his own computer code to remotely hack into these devices, allowing him to capture streaming video from compromised baby monitors.

    During this investigation, the FBI executed multiple search warrants and seized the contents of the accounts used by Ellis and other group members. That content, combined with the evidence recovered from Ellis’ electronic devices, revealed that Ellis potentially targeted thousands of minor children for online sexual exploitation.

    On August 29, 2022, law enforcement executed a federal search warrant at Ellis’ residence and seized his computers and electronic devices, several of which were encrypted. Forensic examination of one of Ellis’ cellphones revealed that he used a particular online app to send two videos of child sexual abuse to a co-conspirator just hours before FBI agents arrived at his residence. In total, the FBI recovered at least 1,700 photos and 700 videos depicting children engaging in sexually explicit conduct that Ellis maintained on his electronic devices and in his online social media accounts. Many of these materials depict young children, some as young as 6 years old. 

    Roger B. Handberg, United States Attorney for the Middle District of Florida, Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, Assistant Director B. Chad Yarbrough of the FBI’s Criminal Investigative Division, and Special Agent in Charge Kristin Rehler of the FBI Jacksonville Field Office, made this announcement. 

    This case was investigated by the FBI Child Exploitation Operational Unit in Linthicum, Maryland, and the FBI Jacksonville Field Office, with assistance from the Jacksonville Sheriff’s Office. Assistant United States Attorney D. Rodney Brown for the Middle District of Florida, and Trial Attorneys Kaylynn Foulon and McKenzie Hightower of the DOJ Criminal Division’s Child Exploitation and Obscenity Section prosecuted the case.

    This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. 

    MIL Security OSI –

  • MIL-OSI Asia-Pac: Speech by SJ at Hong Kong Legal Week 2024: Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong (English only)

    Source: Hong Kong Government special administrative region

    Speech by SJ at Hong Kong Legal Week 2024: Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong (English only)
    Speech by SJ at Hong Kong Legal Week 2024: Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong (English only)
    ******************************************************************************************

         Following are the opening remarks by the Secretary for Justice, Mr Paul Lam, SC, at Hong Kong Legal Week 2024: Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong today (November 6): Distinguished guests, ladies and gentlemen,      It is a great pleasure to see you all again on day three of Hong Kong Legal Week 2024. After two days of fruitful discussions on issues relating to international law, today we will put our focus back on Hong Kong, in particular, our alternative dispute resolution (ADR) services. Today’s theme is “Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong”.           Hong Kong takes pride in our world-class ADR services and legal talents. It is immensely encouraging that in the latest World Competitiveness Yearbook 2024, Hong Kong ranks fifth globally as the most competitive economy, and, most importantly, ranks first in the sub-topics of “Business Legislation” and “International Trade”. In the recent “Business Ready 2024 Report” published by the World Bank Group, Hong Kong ranks eighth in the topic of “Dispute Resolution” among the 50 economies covered.           In recent years, the Government has formulated a comprehensive set of policy initiatives, which aim at deepening the mediation culture in Hong Kong. At present, mediation clauses are not mandatory in government contracts but various forms of such clauses can be found in some of them. Resolving disputes through mediation can save public funds, achieve early resolution of disputes and lessen the burden on our courts. There have been a multitude of successful instances of mediation involving the Government, from personal injuries cases, construction works disputes, adverse possession claims to medical negligence cases. Against such a background, it was first mentioned in the Chief Executive’s 2023 Policy Address and repeated in “The Chief Executive’s 2024 Policy Address” that the Government will take the lead, and incorporate mediation clauses in government contracts, while encouraging private organisations to incorporate similar clauses in their contracts. The key effect of including such clauses is that, if any dispute arises, the parties are obliged to try to resolve it by mediation first, and will resort to arbitration or litigation if, but only if, mediation fails.           Taking the opportunity of today’s event with a strong emphasis on mediation, I am very pleased to announce that today, the Government will formally issue a policy statement on the incorporation of mediation clauses in all government contracts. The policy statement is a confirmation of the Government’s commitment to use mediation to resolve contractual disputes. Upon the taking effect of the policy, the Government will incorporate mediation clauses in all future government contracts; and departure from that policy will need to be justified by exceptional circumstances, for example, the existence of an inconsistent statutory provision. Supporting and monitoring mechanisms to be provided by the Department of Justice to other policy bureaux and departments will be put in place to ensure the smooth implementation of this policy. Through this policy, we do not only aim at ensuring that contractual disputes involving the Government may be resolved in a flexible, economical and time-saving manner. We also hope that, with the Government taking the lead, the policy will also encourage the private sectors to follow suit, contributing to the cultivation of a mediation culture in Hong Kong and bringing more harmony and peace to society.            With this policy initiative in mind, I would like to introduce our three panels and distinguished speakers for today’s event. The first panel discussion this morning, entitled “Mediation in Action: Harmony and Peace for All”, will cover how mediation can be used effectively in various sectors of the community, for instance, in areas of family disputes, civil claims, improving relations between citizens and government departments, and not simply for resolving the disputes but, more importantly, to foster a culture that embraces mutual respect, harmony and inclusiveness.           The Government has always been a staunch supporter of mediation for the community. Since 2009, we have launched the Mediate First Pledge campaign to encourage the use of mediation as the first step to resolve disputes. The Mediate First Pledge is a non-legally binding commitment by pledgees to first explore the use of mediation to resolve disputes before resorting to other means of dispute resolution. At present, over 900 companies, organisations and individuals coming from different sectors have signed the pledge. The biennial Mediation Week and Mediation Conference, coupled with the Mediate First Pledge Event, are our flagship events to explore and promote wider use of mediation to resolve disputes in Hong Kong. The last one was just held a few months ago in May this year.           A very significant event about mediation with global significance took place in Hong Kong on October 17, less than a month ago. On that day, the four-day Fifth Session of the Elaboration of the Convention on the Establishment of The International Organization for Mediation (IOMed) was concluded. Representatives from various countries completed negotiations on the Convention at that session and decided that the signing ceremony for the Convention will be held in Hong Kong in 2025. The IOMed is the first intergovernmental international legal body dedicated to settling international disputes by mediation. With the support of our motherland China and the agreement of other state parties, it was agreed that the headquarters of the International Organization for Mediation will be established in Hong Kong in 2025. This represents a strong vote of confidence in Hong Kong and a clear acknowledgement from the international community of Hong Kong’s status as an international dispute resolution centre. I am delighted that Dr Sun Jin, Director-General of the International Organization for Mediation Preparatory Office, will deliver a keynote speech before lunch today.           Later this afternoon, we will discuss ADR in the context of artificial intelligence (AI). While there is no doubt that the use of AI may enhance the efficiency in resolving disputes, it is vital to ensure that the integrity of the dispute resolution process will not be compromised by the misuse of AI, whether intentionally, negligently or even inadvertently. Our distinguished speakers will consider the opportunities and risks associated with the use of artificial intelligence in ADR. They will also discuss the adoption of lawtech by Hong Kong practitioners, the benefits of lawtech in improving legal services and enhancing access to justice.           Our last panel of today’s event is on sports disputes. As stated in “The Chief Executive’s 2024 Policy Address”, with our thriving development of sports activities and the industry, sports disputes have become increasing complicated. Hence, Hong Kong will explore establishing a sports dispute resolution system and promoting sports arbitration. In this session, our speakers will share their experiences and insights regarding the demand, application, effectiveness and challenges of sports ADR.           To round up today’s events, we will have the 2024 Hong Kong Mediation Lecture at the office of Herbert Smith Freehills this evening. Professor Shahla Ali, through her perspective as a mediator with the World Bank and the Energy Community Panel, would explore the unique challenges and opportunities involved in the use of mediation in deals relating to natural resources, particularly in the Belt and Road Initiative, and how mediation can contribute to ensure that energy and natural resources agreements are environmentally sustainable and foster collaborative approaches.           While today’s programmes are focused on mediation, we must not forget that Hong Kong has always been promoting and expanding our arbitration services proactively not just in Hong Kong but also the Mainland and other countries. Two examples would suffice. First, the Hong Kong Arbitration Week was just been held between October 21 and 25. Second, the Hong Kong International Arbitration Centre has recently announced its imminent opening of a Beijing office, being its second office in the Mainland since the opening of its Shanghai office back in 2015.           As I mentioned on different occasions previously, Hong Kong is an international legal dispute resolution centre in which numerous options, all of top quality, are made available to the parties to disputes. On this note, let me conclude by wishing you very fruitful exchanges and discussions in today’s sessions to come. Thank you very much.

     
    Ends/Wednesday, November 6, 2024Issued at HKT 11:15

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    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: DoJ issues Policy Statement on the Incorporation of Mediation Clauses in Government Contracts

    Source: Hong Kong Government special administrative region

         The Department of Justice (DoJ) issued a Policy Statement on the Incorporation of Mediation Clauses in Government Contracts today (November 6) to set out the Government’s policy stance and approach on promoting the use of mediation to resolve conflicts in an amicable way, and to implement the policy initiative under the 2023 Policy Address on deepening mediation culture, consolidating the strategic positioning of Hong Kong as a centre for international legal and dispute resolution services in the Asia-Pacific region under the national policies.

         The Government has been committed to promoting the development of mediation in Hong Kong, encouraging a wider use of mediation by all sectors as a flexible and constructive approach in resolving disputes outside the courts to produce mutually acceptable settlements while keeping the risks, costs and time in control. It can help build a harmonious and stable society and foster a culture that embraces mutual support, respect, harmony and inclusiveness.

         To further promote mediation culture, the Mediation Clause Policy requires all government departments to incorporate mediation clauses in future government contracts, so as to further promote the use of mediation to resolve disputes first before resorting to arbitration or litigation.

         The Secretary for Justice, Mr Paul Lam, SC, said, “By taking the lead to incorporate mediation clauses in government contracts, the Government hopes to encourage private companies to include similar mediation clauses in their contracts, further promoting a ‘mediate first’ culture.

         “In conjunction with the establishment of the International Organization for Mediation’s headquarters in Hong Kong, the DoJ will continue to implement policy measures of deepening the mediation culture to build Hong Kong as the capital for international mediation.”

         The full policy statement can be found in the Annex to this press release.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: Policy statement on mediation issued

    Source: Hong Kong Information Services

    The Department of Justice today issued a Policy Statement on the Incorporation of Mediation Clauses in Government Contracts to set out the Government’s policy stance and approach on promoting the use of mediation to resolve conflicts in an amicable way.

    Another central objective for the declaration is to implement the policy initiative under the 2023 Policy Address on deepening mediation culture, consolidating the strategic positioning of Hong Kong as a centre for international legal and dispute resolution services in the Asia-Pacific region under the national policies.

    The Mediation Clause Policy requires all government departments to incorporate mediation clauses in future government contracts, so as to further promote the use of mediation to resolve disputes first before resorting to arbitration or litigation.

    The department pointed out that the Government has been committed to promoting the development of mediation in Hong Kong, encouraging a wider use of mediation by all sectors as a flexible and constructive approach in resolving disputes outside the courts to produce mutually acceptable settlements while keeping the risks, costs and time in control.

    Mediation can help build a harmonious and stable society and foster a culture that embraces mutual support, respect, harmony and inclusiveness, it added.

    Secretary for Justice Paul Lam said that by taking the lead to incorporate mediation clauses in government contracts, the Government hopes to encourage private companies to include similar mediation clauses in their contracts, further promoting a “mediate first” culture.

    In conjunction with the establishment of the International Organization for Mediation’s headquarters in Hong Kong, the department will continue to implement policy measures of deepening the mediation culture to build Hong Kong as the capital for international mediation, he added.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: LCQ19: Implementing e-Government services

    Source: Hong Kong Government special administrative region

    LCQ19: Implementing e-Government services
    LCQ19: Implementing e-Government services
    *****************************************

         Following is a question by the Hon Dominic Lee and a written reply by the Acting Secretary for Innovation, Technology and Industry, Ms Lillian Cheong, in the Legislative Council today (November 6):Question:     In September this year, members of the Panel on Transport of this Council conducted a duty visit to Shanghai and Hangzhou. During the duty visit, I ‍have learnt that the Shanghai Municipal People’s Government accepts the presentation of electronic versions of identity cards on mobile phones by members of the public as legal identity documents. On implementing e-‍Government services, will the Government inform this Council:(1) whether it will, by drawing reference from the experiences of some Mainland cities, consider amending the legislation to accept Hong Kong identity cards presented by members of the public on designated mobile applications (e.g. “iAM Smart”) as legal identity documents, so that members of the public do not need to carry physical Hong Kong identity cards when they go out, thus making their daily lives more convenient; and (2) as the authorities indicated in January this year that they planned to introduce electronic driving licenses between the middle of this year and early next year, of the specific implementation date for the measure, and how the authorities plan to promote it to motorists?Reply: President,      Having consulted the Security Bureau and the Transport and Logistics Bureau, a consolidated reply in response to the questions raised by the Hon Dominic Lee is as follows: (1)  Hong Kong Identity Card (HKIC) is a document widely accepted for proving the identity of the cardholder in Hong Kong. Section 17C of the Immigration Ordinance (Cap. 115) stipulates that every person who has attained the age of 15 years and is the holder of an identity card or is required to apply to be registered under the Registration of Persons Ordinance (Cap. 177) shall have with him at all times proof of his identity. According to Section 17B(1) of the Immigration Ordinance, proof of identity includes, but is not limited to, his valid HKIC.      Besides, citizens may need to produce ones’ proof of identity for identity verification based on individual circumstances (such as assisting public officers to enforce the laws or accessing Government-related services).     As for the implementation of electronic HKIC, due to the need to consider many complicated factors, relevant government departments will study the feasibility to explore the way forward.(2) Relevant departments, including the Transport Department (TD) and the Department of Justice, etc. are carrying out the law drafting work for implementing electronic driving licence (DL), and will strive to introduce the bill to the Legislative Council as soon as possible, with a view to launching electronic DL within 2025. DL holders can then choose to carry either a physical DL or log in to a dedicated mobile application through “iAM Smart” or e-licensing portal to be launched by the TD to display the electronic DL on their smartphones.  Upon the passage of the legislative amendments, the TD will promote the electronic DL to the public, in particular the DL holders, which include providing tutorial video on the website of the TD and relevant departments, producing promotional banners and leaflets, etc.

     
    Ends/Wednesday, November 6, 2024Issued at HKT 16:00

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    MIL OSI Asia Pacific News –

  • MIL-OSI Security: Ulster County Sex Offender Pleads Guilty to Failing to Register Email Address

    Source: Office of United States Attorneys

    ALBANY, NEW YORK – Joseph Nash, a/k/a “Nash Von Wicked” and “Nash Bridges,” age 45, of Port Ewen, New York, pled guilty today to failing to update his registration as a sex offender to include an email address that he failed to disclose.  United States Attorney Carla B. Freedman and United States Marshal David L. McNulty made the announcement. 

    Nash admitted that he became a Tier II sex offender after he pled guilty in federal court in 2009 to distributing child pornography.  Nash knew that as a registered sex offender, he was required to report, among other things, all email addresses he used to the New York Division of Criminal Justice Services.  Despite this requirement, he created an email address in August 2023 and failed to disclose it to New York authorities as required under the Sex Offender Registration and Notification Act (SORNA).  Nash, who was on federal supervised release at the time of this offense, further admitted he also did not disclose this email address and a contemporaneously created Facebook account to the U.S. Probation Office for the Northern District of New York. 

    In addition to his guilty plea to failing to update his registration information as a sex offender, Nash also admitted today that his conduct violated the terms of supervised release imposed as a result of his child pornography conviction.

    Sentencing is scheduled for March 7, 2025 before United States District Judge Mae A. D’Agostino. The SORNA offense carries a maximum term of 10 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  The supervised release violations carry a maximum term of 2 years in prison.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

    The United States Marshals Service investigated this case.  Assistant United States Attorney Joshua R. Rosenthal is prosecuting the case as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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, please visit https://www.justice.gov/psc.

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  • MIL-OSI Security: Utah Man Sentenced to Six Years in Prison for Assaulting Law Enforcement with Dangerous Weapons and Other Charges During Jan. 6 Capitol Breach

    Source: Office of United States Attorneys

               WASHINGTON— A Utah man was sentenced to six years in prison today after he was previously convicted of seven felonies, including assaulting law enforcement officers with dangerous weapons during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

               Odin Meacham, 30, of Myton, Utah, was sentenced to six years – or 72 months – in prison, 24 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge John D. Bates.

               Judge Bates previously found Meacham guilty of seven felonies, including civil disorder; two counts of assaulting, resisting, or impeding law enforcement officers with a dangerous weapon; assaulting, resisting, or impeding law enforcement officers; engaging in physical violence on restricted grounds with a dangerous weapon; disorderly conduct on restricted grounds with a dangerous weapon; and entering and remaining on restricted grounds with a dangerous weapon. Meacham was also convicted of a misdemeanor offense of act of physical violence in the Capitol grounds or buildings.

               According to evidence presented during the trial and court documents, on Jan. 5, 2021, Meacham, a resident of Myton, Utah, embarked on a 30-hour, 2,000-mile journey to Washington, D.C., to attend events related to the certification of the 2020 presidential election. On the morning of January 6th, Meacham attended the “Stop the Steal” rally, where the former President addressed the crowd. Following the rally, Meacham, along with thousands of other rioters, marched to the U.S. Capitol building.

               Upon reaching Capitol grounds, Meacham bypassed the initial barriers and moved with the crowd of rioters to the West Plaza, where another line of barricades and police officers held the line against advancing rioters.

               At 2:10 p.m., Meacham    rushed towards several police officers guarding the West Plaza, raised a wooden flagpole over his head, and slammed the flagpole against the upper body of a Capitol Police Officer so hard that the flagpole snapped in half. Meacham then swung the broken flagpole at officers again, striking a bike rack that had been placed in front of the officers for protection.

               At approximately 2:14 p.m., Meacham abandoned the broken flagpole and picked up a metal pole lying on the ground. Meacham then threw the metal pole at a Metropolitan Police Department (MPD) officer, hitting the officer’s left hand. The evidence presented at trial showed that Meacham, after throwing the metal pole and striking the officer, proceeded to point at and taunt that same officer.

               Even after two assaults with dangerous weapons, Meacham’s violent and aggressive actions continued. At 2:16 p.m., Meacham approached another MPD officer and shouted “lean in!” repeatedly, while gesturing towards the crowd in an apparent attempt to rally others to overpower the line of officers. Meacham then grabbed the officer’s baton and tried to wrestle it away.

               After the altercation, Meacham remained on Capitol grounds, where he continued to verbally harass, abuse, and taunt officers. His comments included expletives and accusations, such as “you f— pieces of s—,” “you traitors,” “you dogs,” “you f— scumbag pieces of s—,” and “are you scared, m—f—?”

               The FBI arrested Meacham on May 15, 2023, in Utah.

               The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the District of Utah provided valuable assistance.

               The case is being investigated by the FBI Salt Lake City Field Office’s Vernal Resident Agency and the FBI’s Washington Field Office, which identified Meacham as #400 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

    In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

    Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

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  • MIL-OSI Security: Texas Man Sentenced to 57 Months in Prison for Being a Felon in Possession of a Firearm

    Source: Office of United States Attorneys

    SACRAMENTO, Calif. — William Lesley, 34, of Dallas, Texas, was sentenced today by U.S. District Judge Dale A. Drozd to four years and nine months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.

    According to court documents, law enforcement officers conducted a parole search in Galt at the residence of Lesley’s co-defendant, Dexter Weeks, 35, a known felon on parole. While clearing the residence, officers encountered Lesley as he was coming out of a bedroom. In the bedroom where Lesley had exited, officers found a loaded Ruger pistol in a backpack on the floor near the bed. Lesley is prohibited from possessing firearms or ammunition because he has multiple state felony convictions.

    After pleading guilty to being a felon in possession of a firearm, Weeks was sentenced on Aug. 27, 2024, to seven years in prison.

    This case was the product of an investigation by the Sacramento Sheriff’s Office, the Federal Bureau of Investigation, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Haddy Abouzeid prosecuted the case.

    This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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  • MIL-OSI Security: U.S. Attorney Announces District Election Officers

    Source: Federal Bureau of Investigation (FBI) State Crime News

    United States Attorney Susan T. Lehr announced today that Assistant United States Attorneys (AUSAs) Christopher Ferretti and Shereece Dendy-Sanders will lead the efforts of the U.S. Attorney’s Office for the District of Nebraska in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.  AUSAs Ferretti and Dendy-Sanders have been appointed to serve as the District Election Officers (DEOs) for the District of Nebraska, and in that capacity are responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

               United States Attorney Lehr said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

               The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

    Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English). 

               United States Attorney Lehr stated that: “The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSAs/DEOs Ferretti and Dendy-Sanders will be on duty in this District while the polls are open.  They can be reached by the public at (402) 661-3700.”

               In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at (402) 493-8688.

               Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

               United States Attorney Lehr said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

               Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency. 

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  • MIL-OSI Security: U.S. Attorney’s Office, FBI, and USMS Target Drug Trafficking Operation Linked to Federal Correctional Facility

    Source: Federal Bureau of Investigation (FBI) State Crime News

    ALBUQUERQUE – This week, the FBI Violent Gangs Task Force and U.S. Marshals Service conducted a coordinated operation to dismantle a significant drug trafficking network linked to the Cibola County Correctional Center in Milan, NM, with the support of the New Mexico State Police. The operation was part of an ongoing investigation into an intergang conspiracy involving both incarcerated and non-incarcerated gang members.

    On Wednesday, October 30, 2024, search warrants were executed at 13 identified premises across New Mexico, believed to contain evidence related to multiple federal offenses. The following individuals are among those targeted in this operation:

    • Nora Baca – 417 Monte Alto Place NE, Albuquerque, NM
    • Estrella Gonzalez – 1812 Del Norte Drive SW, Albuquerque, NM
    • Angelo Garcia – 4903 Rincon Road NW, Albuquerque, NM
    • Monalisa Vargas – 1333 Columbia Dr. SE, Apt #95, Albuquerque, NM
    • Theresa Atencio – 9748 Summer Shower Place NW, Albuquerque, NM
    • Johnny Valiterra (aka “Chopper”) – 2331 Menaul Boulevard NE, Albuquerque, NM
    • Richard Porras (aka “Deuce”) – 2331 Menaul Boulevard NE, Albuquerque, NM
    • Sonia Trinidad – 401 Dunes Court, Apt D, Albuquerque, NM
    • Desiree Benavidez – 3 Jose P Sanchez Road, Los Lunas, NM
    • Ana Romero – 200 E. Jefferson Avenue, Gallup, NM
    • Adolfo Montano – 18 Arroyoito Loop, Seboyeta, NM
    • Kimberly Perry and Kelly Perry – 8 Red Mesa Housing, Crownpoint, NM
    • Monique Gallegos and David Hicks – 7 Hughes Blvd, Grants, NM

    In addition to the operation, the U.S. Attorney’s Office for the District of New Mexico announced indictments against several individuals connected to the drug trafficking at Cibola County Correctional Center. Two current inmates, Lupe Vargas, 40, and Edward Vallez, 44, along with two co-conspirators, Monalisa Vargas, 38 (Lupe’s wife), and Michael Garcia, 46, have been charged with conspiracy and attempting to provide or obtain prohibited objects in a correctional facility. Additionally, a superseding indictment has been filed against Nora Baca, charging her with possession with intent to distribute 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.

    Nora Baca, Monalisa Vargas and David Hicks were arrested during the operation. If convicted, Baca faces between 15 years and life in prison and Vargas faces up to 20 years in prison. Michael Garcia remains a fugitive at this time.

    As a result of the operation, 15 firearms, ammunition, fentanyl, methamphetamine, suboxone strips, $6,000 in cash, and 23 cell phones were seized, and six individuals were arrested and charged by federal or state authorities:

    • Angelo Garcia was arrested and charged by criminal complaint with possession with intent to distribute fentanyl and possession a firearm in furtherance of drug trafficking. If convicted of the current charges, Garcia faces no less than 10 years and up to 45 years in prison.
    • Theresa Atencio was arrested and charged by criminal complaint with providing contraband to a prisoner. If convicted of the current charges, Atencio faces up to one year in jail.

    At Benavidez’s residence in Los Lunas, three armed felons were located and arrested:

    • Raymond Lucero was arrested on federal criminal complaint and charged with being a felon in possession or a firearm and ammunition. If convicted of the current charges, Lucero faces up to 15 years in prison.
    • Jacob Gonzales, aka “Trigger,” was arrested on federal criminal complaint and charged with being a felon in possession or a firearm and ammunition. If convicted of the current charges, Gonzales faces up to 15 years in prison.
    • Nadine Gonzales was arrested on state criminal complaint and charged with being a felon in possession or a firearm and ammunition.

    Jacob Gonzales recently was released from prison after completing a 22-year on a state sentence for felony convictions related to a murder.

    In addition, Emmanleen Chavez was arrested at the residence in Grants on a state warrant for attempted murder.

    The operation and ongoing investigation are intended to dismantle the criminal enterprises operating within and outside the correctional facility, which have been implicated in the distribution of controlled substances and other illegal activities.

    “The Department of Justice protects the safety and dignity of all, including those in federal custody,” said U.S. Attorney Alexander Uballez. “Those who seek to profit from the addiction and vulnerability of detainees not only violate the law but perpetuate a cycle of harm that extends beyond the walls of the jail. That is why we are taking a comprehensive approach—leveraging technology to interdict contraband before it enters the facility, enforcing federal criminal laws against detainees and those who support them on the outside, relying on the cooperation of people motivated to do the right thing, and treating opioid use disorder with medical care for federal detainees while in custody. The Department of Justice will not tolerate the exploitation of addiction for profit in our correctional facilities.”

    “This week’s operation demonstrates the FBI’s commitment to continue to dismantle criminal enterprises operating in New Mexico,” said Philip Russell, Assistant Special Agent in Charge of the FBI Albuquerque Division. “The FBI, along with our federal, state, local and tribal partners are determined to bring drug traffickers to justice for crimes committed and damage done to our communities.”

    “The U.S. Marshals Service is committed to providing a safe and secure environment for prisoners that are under our care,” said U.S. Marshal for the District of New Mexico David O. Barnett, Jr. “The execution of this joint operation is a testament to the unwavering dedication by our Federal, State, and Local partners to combat crime and improve the lives of our New Mexico communities.”

    U.S. Attorney Alexander M.M. Uballez, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and David Barnett, U.S. Marshal for the District of New Mexico, made the announcement today.

    The FBI Albuquerque Division Violent Gang Task Force (VGTF) and United States Marshals Service jointly investigated this case with assistance from the CoreCivic Intelligence Unit and the New Mexico State Police. Assistant United States Attorneys Paul Mysliwiec and David Hirsch are prosecuting these cases.

    The VGTF is an FBI led task force comprising of agents and officers from the New Mexico State Police, Rio Rancho Police Department, Bernalillo County Sheriff’s Office, and the Albuquerque Police Department.

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

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  • MIL-OSI Security: FBI Prioritizes Election Security in Preparation for November 5 Voting

    Source: Federal Bureau of Investigation (FBI) State Crime News

    In keeping with our standard Election Day protocol, the FBI in Tennessee will have an Election Command Post in preparation for the November 5 election. The command post will be staffed 24 hours a day to provide a centralized location for assessing election-related threats in our area of responsibility. The FBI has a duty to plan for a host of potential scenarios related to election fraud, voter suppression, foreign malign influence, malicious cyber activity against election infrastructure, and threats to election workers. We are committed to protecting the American public’s right to a fair and safe election.

    For decades, the FBI has served as the primary agency responsible for investigating allegations of federal election crimes, including campaign finance violations, ballot/voter fraud, and civil rights violations. In close partnership with the Department of Justice (DOJ), the FBI established the Election Threats Task Force to identify and address reported threats targeting election workers.

    The FBI takes our responsibility very seriously and works closely with our federal, state, and local partners to identify and stop any potential threats to public safety. We gather and analyze intelligence to determine whether individuals might be motivated to take violent action for any reason, including due to concerns about the election.

    It is vital the FBI, our law enforcement partners, and the public work together to protect our communities as Americans exercise their right to vote. We encourage the public to remain vigilant and immediately report any suspicious activity to law enforcement. The FBI takes all threats of violence seriously, including threats targeting those who do the critical work of administering free and fair elections throughout the U.S.

    The Justice Department has long recognized that the states—not the federal government—are responsible for administering elections, determining the validity of votes, and tabulating the results, with challenges handled by the appropriate election administrators, officials, legislatures, and courts. The Department’s role is limited to investigating and prosecuting violations of federal election laws and deterring criminal conduct.

    The FBI in Tennessee encourages citizens to report allegations of election fraud and other election abuses directly at 615-232-7500.

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