NewzIntel.com

Category: Department of Justice

  • MIL-OSI USA: ICYMI: New Jersey Department of Military and Veterans Affairs Welcomes Additional Oversight with Consent Decree for Veterans Homes

    Source: US State of New Jersey

    TRENTON – The U.S. Department of Justice and the State of New Jersey today jointly filed a consent decree in the United States District Court, District of New Jersey. As part of this agreement, a third-party federal monitor will be appointed to the Veterans Memorial Homes at Menlo Park and Paramus, two long-term care facilities operated by the New Jersey Department of Military and Veterans Affairs.

    “We welcome this additional input and oversight. We’re committed to making sure our veterans have the best possible care and quality of life at all three of our Veterans Homes,” said Governor Phil Murphy. “With this consent decree, we can resolve past differences with the Department of Justice and focus our efforts on providing the best possible care to our Veterans Homes residents. I’m proud of the progress we have made and remain determined to not only meet federal standards but to exceed them.”

    “This agreement between the State of New Jersey and the U.S. Department of Justice is the result of months of constructive conversations on how best to care for the Veterans, Veteran Spouses, and Gold Star Families who call our facilities home,” said Col. Yvonne Mays, the Acting Commissioner of Military and Veterans Affairs. “The veterans homes at Menlo Park and Paramus have made significant progress confirmed by repeated, independent inspections conducted by the New Jersey Department of Health and the U.S. Department of Veterans Affairs. We look forward to continuing our important work and we welcome this partnership with a federal monitor.”

    The New Jersey Veterans Memorial Homes at Menlo Park and Paramus achieved zero deficiencies in two separate no-notice focused infection control surveys conducted by the New Jersey Department of Health on behalf of the U.S. Centers for Medicare and Medicaid Services. The surveys occurred on Sept. 5, 2024 and Sept. 10, 2024. The Veterans Memorial Home at Vineland also achieved zero deficiencies in a no-notice focused infection control survey on June 8, 2024.

    These no-notice focused infection control surveys consisted of inspections that assessed the homes’ procedures related to infection control regulations, including staff handwashing, donning and doffing of personal protective equipment, and continuing education records. Additionally, inspectors reviewed kitchen and sanitizing operations, contact tracing, cohorting, isolation, and quarantine protocols.

    Menlo Park also received no clinical deficiencies in two no-notice facility wide surveys conducted by the New Jersey Department of Health from July 8-16, 2024 and July 16- 19, 2024. These separate surveys were comprehensive and encompassed everything from the home’s infection control and clinical care, to kitchen operations, human resources, emergency management, and housekeeping.

    These on-the-ground achievements follow a series of reforms signed into law by Governor Murphy in 2021. In late 2022, the Governor also engaged consulting and management support services from long-term care subject matter experts to accelerate positive change. These reforms led to systemic changes implemented at all three homes, including the onboarding of full-time resident advocates, new electronic medical records systems, a learning management system that has enabled thousands of hours of training and continuing education for direct care and non-direct care staff, and increased wages for frontline healthcare workers to attract and retain the best and most qualified individuals to care for residents.

    The Veterans Memorial Homes at Menlo Park, Paramus, and Vineland remain open for admissions to eligible applicants. For those interested in learning more, please visit the Veterans Memorial Homes’ website: https://www.nj.gov/military/veterans/memorial-homes/

    MIL OSI USA News –

  • MIL-OSI USA: N.M. Delegation Welcomes $21 Million to Tackle Crime, Keep Communities Safe

    US Senate News:

    Source: US Senator for New Mexico Ben Ray Luján

    WASHINGTON — U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.), and U.S. Representatives Teresa Leger Fernández (D-N.M.), Melanie Stansbury (D-N.M.), and Gabe Vasquez (D-N.M.) are welcoming $20,706,897 from the U.S. Department of Justice (DOJ) to help New Mexico’s law enforcement solve crimes, support survivor services, improve violence prevention, and keep communities safe. 

    The grants will be distributed through the DOJ’s Office on Violence Against Women (OVW) and the Office of Justice Programs (OJP). 

    “I’m proud to announce over $20 million to better equip New Mexico’s law enforcement with the tools and resources needed to keep our communities safe. This significant investment will help tackle crime, hold dangerous criminals accountable, and deliver justice and support for survivors,” said Heinrich. “A safer New Mexico depends on solving crimes and supporting survivors, and I will continue to fight for the resources we need for both.” 

    “This nearly $21 million in federal funding will deliver critical resources to help law enforcement solve crimes, support victims of violent crime, and boost violence prevention across New Mexico,” said Luján. “I’m proud to welcome this federal funding and I will keep fighting for federal resources to keep New Mexico communities safe.” 

    “1 in 4 women have been beaten by an intimate partner in their lifetime. This funding from the Department of Justice focuses on providing more services to the survivors of domestic violence  survivors of domestic violence, dating violence, sexual assault, and stalking,” said Leger Fernández. “To effectively investigate and prosecute these crimes, the grants also increase the resources going to law enforcement.  I’m pleased that the funding benefits communities across my district, from the Pueblos to Santa Fe to Hobbs to our state agencies. Together we keep New Mexico safe.” 

    “This almost $21 million investment into our communities is crucial in making New Mexico a safer place for everyone,” said Stansbury. “Victims of crimes deserve justice, and law enforcement needs the tools to give victims that justice. This funding is pivotal in achieving that goal.” 

    “I’m proud to welcome over $20 million for law enforcement organizations across our state and Tribal communities. This funding will support law enforcement’s ability to reduce crime, make our neighborhoods safer and ensure justice for victims,” said Vasquez. “Our law enforcement officers and community organizations are working tirelessly, and this investment will help them continue to protect and serve New Mexicans. I’m committed to fighting for more federal resources to keep us safe.” 

    Recipient  City  Project Title  Grant  Award Amount 
    Coalition to Stop Violence Against Native Women  Albuquerque  OVW Fiscal Year 2024 Grants to Tribal Domestic Violence and Sexual Assault Coalitions Invitation to Apply  OVW  $414,147 
    County of Bernalillo  Albuquerque  Bernalillo County Sheriff’s Office CAST Unit Expansion Project  OJP  $376,078 
    Enlace Comunitario  Albuquerque  OVW Fiscal Year 2024 Grants to Enhance Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program  OJP  $450,000 
    New Mexico Asian Family Center  Albuquerque  OVW Fiscal Year 2024 Grants to Enhance Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program  OJP  $475,000 
    New Mexico Asian Family Center  Albuquerque  OVW Fiscal Year 2024 Legal Assistance for Victims  OVW  $600,000 
    New Mexico Immigrant Law Center  Albuquerque  OVW Fiscal Year 2024 Legal Assistance for Victims  OVW  $750,000 
    City of Albuquerque  Albuquerque  BJA FY24 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR)  OJP  $490,190 
    La Casa  Las Cruces  OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program  OVW  $500,000 
    Mescalero Apache Tribe  Mescalero  SMART FY 2024 Support for Adam Walsh Act Implementation Grant Program  OJP  $288,368 
    New Mexico Department of Public Safety  Santa Fe  New Mexico FY24 NCHIP     $2,224,200 
    New Mexico Department of Public Safety  Santa Fe  BJA FY24 Byrne State Crisis Intervention Program Formula Solicitation  OJP  $1,633,050 
    NM Department of Public Safety  Santa Fe  BJS FY24 National Criminal History Improvement Program  OJP  $2,224,200 
    Santa Fe Dreamers Project  Santa Fe  OVW Fiscal Year 2024 Legal Assistance for Victims  OVW  $750,000 
    New Mexico Department of Public Safety  Santa Fe  BJA FY24 Project Safe Neighborhoods Formula Grant Program  OJP  $167,378 
    New Mexico Department of Public Safety  Santa Fe  BJA FY24 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR)  OJP  $300,437 
    New Mexico Department of Public Safety  Santa Fe  BJA FY24 Paul Coverdell Forensic Science Improvement Grants Program- Formula  OJP  $294,696 
    Pueblo of Acoma  Pueblo of Acoma  FY 2024 CTAS Purpose Area 6 Award: Pueblo of Acoma  OJP  $450,000 
    Pueblo of Acoma  Pueblo of Acoma  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $450,000 
    Pueblo of Acoma  Pueblo of Acoma  OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply  OJP  $254,413 
    Pueblo of Acoma  Pueblo of Acoma  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $900,000 
    Pueblo of Isleta  Isleta  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $900,000 
    Pueblo of Isleta  Isleta  BJA FY24 Rural and Small Department Violent Crime Reduction Program  OJP  $300,000 
    Pueblo of Jemez  Jemez Pueblo  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $900,000 
    Pueblo of San Felipe  Algodones  OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply  OJP  $229,973 
    Pueblo of Taos  Taos  OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply  OJP  $229,973 
    Pueblo of Zuni  Zuni  Empowering Tribal Resilience: Enhancing Zuni Tribal Justice Systems (Tribal Youth Programs)  OJP  $76,000 
    Pueblo of Zuni  Zuni  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $76,000 
    Pueblo of Zuni  Zuni  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $394,498 
    Pueblo of Zuni  Zuni  OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply  OJP  $282,632 
    Pueblo of Zuni  Zuni  FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation  OJP  $885,691 
    Santo Domingo Pueblo  Santo Domingo  OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply  OJP  $229,973 
    Sexual Assault Services of Northwest New Mexico  Farmington  OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program  OVW  $700,000 
    Sexual Assault Services of Northwest New Mexico  Farmington  OVW Fiscal Year 2024 Tribal Sexual Assault Services Program  OVW  $610,000 
    Sheris House of Hope  Hobbs  OVW Fiscal Year 2024 Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program  OVW  $400,000 
    Valencia Shelter Services  Los Lunas  OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program  OVW  $500,000 

    MIL OSI USA News –

  • MIL-OSI USA: WA Law Enforcement & Tribes Receive $6.9M From DOJ For Resources to Fight Fentanyl Crisis, Gun Violence, Violence Against Women

    US Senate News:

    Source: United States Senator for Washington Maria Cantwell
    10.02.24
    WA Law Enforcement & Tribes Receive $6.9M From DOJ For Resources to Fight Fentanyl Crisis, Gun Violence, Violence Against Women
    Grants go to municipal police departments across the state, as well as the Quileute, Kalispel, & Colville Tribes; Money to help prosecution of sex & domestic violence crimes, speed ID of fentanyl overdoses, reduce sex crime DNA testing backlog
    WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA) announced that several state and municipal law enforcement agencies, tribal justice departments and programs, and medical examiner offices will receive a total of $6,915,941 from the Department of Justice to help address some of the State of Washington’s most pressing public safety challenges. 
    “Washington state has made tremendous progress over the past decade in nearly eliminating its 30,000 rape kit backlog, but we can’t let up — this funding will help police labs test more DNA samples faster,” Sen. Cantwell said. “These federal resources will also help us better identify fatal drug overdoses, and provide more services to support and protect women in our cities and in tribal communities.”
    The money will be used to, among other things, process DNA evidence faster, prosecute violence against women and children cases, identify fatal overdoses, ease inmates’ transitions upon release, and mitigate the impact of juvenile gun violence.
    The grants announced by DOJ today include:
    $2,459,640 for the Washington State Patrol (WSP) in FY24 Formula DNA Capacity Enhancement for Backlog Reduction funding. This grant will provide additional training, supplies, equipment, and wages for the five existing casework DNA laboratories in the WSP Crime Laboratory Division. These resources will help increase the number of samples analyzed, as well as shorten the turnaround time for sample analysis.
    $1,710,078 for the Quileute Indian Tribe in FY24 Office on Violence Against Women Special Tribal Criminal Jurisdiction Grant Program funding. This grant will help support the tribe in prosecuting domestic and sexual violence, trafficking, stalking, violence against children, violation of a protection order, and assault of a tribal officer. The project also aims to help the tribe maintain sovereignty, including when a crime is committed by a non-tribal member on tribal land.
    $863,977 for the Lummi Indian Business Council in FY24 Office on Violence Against Women Special Tribal Criminal Jurisdiction Grant Program funding. This grant will help support the tribe in prosecuting domestic and sexual violence, trafficking, stalking, violence against children, violation of a protection order, and assault of a tribal officer. The project also aims to help the tribe maintain sovereignty, including when a crime is committed by a non-tribal member on tribal land.
    $610,000 for the Kalispel Indian Community in Office on Violence Against Women FY24 Tribal Sexual Assault Services Program funds. This grant will help the Kalispel Indian Tribe hire a full-time sexual assault advocate to provide crisis intervention, emergency services, advocacy and referrals; spread awareness for resources that support survivors of sexual assault; and manage an emergency hotline.
    $473,385 for the Washington State Patrol (WSP) in FY24 Paul Coverdell Forensic Science Improvement Grants Program formula funding. This grant will be divided up across multiple law enforcement agencies to improve post-mortem exams, reduce backlogs, and better identify fatal drug overdoses. Recipients will include:
    $211,257 for the King County Medical Examiner to support a statewide fatal drug overdose surveillance network;
    $67,358 for the Pierce County Medical Examiner to outsource postmortem toxicology testing to a private laboratory;
    $33,500 to the Chelan County Coroner to purchase a mortuary cooling system and powered body lift with a scale;
    $22,700 for the Franklin County Coroner to purchase a yearlong maintenance contract for a drug identifying system, a body lift, and roller rack;
    $1,895 for the Lewis County Coroner to purchase a generator and battery for a mass fatality trailer and six scene lights;
    $19,972 for the Skagit County Coroner to purchase a fingerprint scanner, two elevated autopsy carts, and a scissor lift;
    $58,225 for the Spokane County Medical Examiner to purchase testing kits for a drug identifying system and adult body bags;
    $8,120 for the Yakima Valley Local Crime Laboratory to help obtain accreditation for the National Integrated Ballistic Information Network Program;
    $14,067 for the WSP Missing Persons and Unidentified Persons Unit to fund travel and registration for training and consultants to reduce the backlog;
    $31,249 for the WSP Toxicology Laboratory to outsource evidence kits to coroners and medical examiners across the state.
    $424,623 for the Confederated Tribes of the Colville Reservation in FY24 Coordinated Tribal Assistance Solicitation funding. This funding will aid the tribe in hiring a new Reentry Coordinator to monitor inmates before their release, while in transition, and the following six months. The coordinator will help with identifying housing needs, employment, education, mental health and substance abuse counseling services, and more. 
    $268,588 for the Washington Association of Sheriffs and Police Chiefs (WASPC) in FY24 Project Safe Neighborhoods Formula Grant Program funding. This grant will help WASPC foster strategic partnerships with state and local partners across the Pacific Northwest, with the goal of reducing juvenile gun violence.
    $105,650 for the Washington Association of Sheriffs and Police Chiefs (WASPC) in FY24 Project Safe Neighborhoods Formula Grant Program funds. This grant will help the Kennewick Police Department continue under the Project Safe Neighborhood initiative for the Eastern District of Washington. KPD launched their Project Safe Neighborhood project one year ago to focus on improving data-informed procedures for deploying police and reducing violent crime – the first year focused on establishing a strategic plan, and the second year will focus on data-informed efforts specific to gun violence.
    For decades, Sen. Cantwell has remained a steadfast supporter of municipal and tribal law enforcement across Washington state, and has advocated for technology that helps investigators use DNA to solve crimes faster. Last year, she reintroduced a bill to reauthorize the Debbie Smith Act through 2029, which would provide state and local law enforcement agencies with resources to reduce the national backlog in analyzing DNA evidence from untested rape kits. In 2002, Sen. Cantwell cosponsored the Advancing Justice Through DNA Technology Act, which unanimously passed in the Senate. This bill included key provisions of the Debbie Smith Act and authorized $275 million over five years.
    Sen. Cantwell has pushed for more resources to help combat violence against women and children — as a member of the U.S. House of Representatives at the time, Sen. Cantwell voted to pass the Violence Against Women Act in 1994. She has continued to support reauthorizing and expanding this important law, such as by strengthening protections for indigenous women and children. According to the National Institute for Justice, over 1.5 million or 84% of American Indian and Alaska Native women report experiencing violence in their lifetime. To help tribal communities protect against domestic violence, Sen. Cantwell championed key provisions in the 2013 and 2022 VAWA reauthorizations, which secured a tribe’s power to seek justice against non-native perpetrators of domestic violence against Native women and children.
    Sen. Cantwell also drafted legislation that would help municipalities adopt a real-time mapping software that keeps track of overdoses  — helping first responders, law enforcement, and public health professionals better direct resources to places experiencing spikes. She introduced the Opioid Overdose Data Collection Enhancement Act last month.

    MIL OSI USA News –

  • MIL-OSI Security: Buckhannon Man Indicted on Child Pornography Charges

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

    WHEELING, WEST VIRGINIA – David Walter McCauley has been indicted by a federal grand jury on child pornography charges, United States Attorney William Ihlenfeld announced.

    McCauley, age 66 of Buckhannon, West Virginia, is charged with two counts of production and one count of possession of child pornography. The indictment alleges that McCauley enticed a 17-year-old boy to engage in sexually explicit conduct for photo and video production. The indictment further charges McCauley with knowingly possessing illegal images on his computer.

    “As alleged, David McCauley produced child pornography involving a juvenile boy on multiple occasions,” said U.S. Attorney Ihlenfeld. “Those who prey upon and exploit our youth will be held accountable, no matter their status in the community.”

    McCauley faces at least 15 years and up to 30 years in prison for each of the production charges and up to 10 years on the possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Assistant U.S. Attorney Kimberley Crockett is prosecuting the case on behalf of the government.

    The case was investigated by the Federal Bureau of Investigation, the Pittsburgh Police Department, and the Upshur County Sheriff’s Office.

    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 Justice.gov/PSC.

    An indictment is merely an allegation, and each defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL Security OSI –

  • MIL-OSI USA: Cortez Masto, Rosen Announce Over $20 Million to Improve Public Safety

    US Senate News:

    Source: United States Senator for Nevada Cortez Masto
    Grant funding breakdown available here.
    Las Vegas, Nev. – Today, U.S. Senators Catherine Cortez Masto (D-Nev.), and Jacky Rosen (D-Nev.) announced more than $20 million in new federal funding they secured to improve public safety in Nevada. These funds from the Department of Justice (DOJ) will support state, local, and Tribal law enforcement, courts, and services for victims of crime and abuse across Nevada. The full list of DOJ grants Sens. Cortez Masto and Rosen helped secure is available here.
     “Every Nevadan deserves to feel safe in their home and in their community, and that’s what this funding is about,” said Cortez Masto. “I will always stand proudly with law enforcement and advocates in Nevada to hold criminals accountable, keep our communities safe, and deliver the support and justice that victims deserve.”
    “One of my top priorities in the U.S. Senate is to deliver the resources to keep Nevada families safe,” said Senator Rosen. “This funding will help advance public safety, support victims, and fight crime across our state – including in our rural and Tribal communities. I’ll always work across the aisle to support our law enforcement and public safety.”
    Senators Cortez Masto and Rosen consistently push for the resources Nevada’s law enforcement community needs. Last week, they announced nearly $1 million in COPS funding for Nevada police, on top of the $1 million in COPS funding they secured in 2023. Recently, they also highlighted nearly $1 million in federal community project funding to provide mental health training and support to thousands of firefighters, law enforcement officers, and first responders. Both Senators also helped reauthorize the Violence Against Women Act last year, which provides critical support to victims of domestic violence across the country.

    MIL OSI USA News –

  • MIL-OSI USA: ERO New York City arrests Venezuelan noncitizen and Tren de Aragua gang member convicted of criminal possession of a firearm

    Source: US Immigration and Customs Enforcement

    NEW YORK — On Sept. 28, Enforcement and Removal Operations New York City arrested Javier Jose Albornoz Marchan, 22, an unlawfully present Venezuelan citizen and member of the Tren de Aragua transnational criminal organization, who was convicted by the Bronx County Supreme Court of criminal possession of a weapon — possession of a firearm. Albornoz was one of eight noncitizens arrested by the New York City Police Department March 27, and was charged with weapons and drug related offenses.

    ERO Fugitive Operations officers took Albornoz into custody on Staten Island, pursuant to a warrant of arrest, and transferred him to the ERO New York City office for processing. Albornoz remains in custody without bond, pending removal proceedings.

    “Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk,” said ERO New York City Field Office Director Kenneth Genalo. “New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ERO. It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody. Thankfully, through the due diligence of our courageous officers and our law enforcement partners, this individual was swiftly apprehended and denied the ability to reoffend.”

    On Sept. 22, 2022, U.S Border Patrol encountered Albornoz near EL Paso, Texas. Officials released him into the United States as an alternative to detention and a condition of parole due to detention capacity at the Central Processing Center in El Paso, Texas. Albornoz never reported to ERO for processing.

    On June 18, 2023, the Moonachie Police Department arrested Albornoz for the crime of shoplifting-under-ringing. On June 21, 2023, the Municipal Court of Teterboro remanded Albornoz’s charges to the lower court and released him on his own recognizance.

    On Jan. 6, 2024, the Woodbridge Police Department in New Jersey arrested Albornoz for the crimes of shoplifting-take merchandise without paying and burglary tools-manufacture. On Jan. 8, ERO Newark lodged an immigration detainer for Albornoz with the Middlesex County Jail in North Brunswick, New Jersey. On the same date, the Middlesex County Jail ignored the detainer and released Albornoz from local custody without notifying ERO.

    On March 27, the NYPD arrested Albornoz for criminal possession of a weapon in the second degree: loaded firearm; criminal possession weapon in the second degree: loaded firearm on school grounds; criminal possession of a controlled substance with intent to sell; and acting in manner to injure child less than 17.

    On April 1, ERO New York City lodged an immigration detainer against Albornoz’s release with the New York Department of Corrections at Rikers Island.

    On Sept. 5, the Bronx County Supreme Court convicted Albornoz of criminal possession of a firearm and sentenced him to six months of imprisonment. The next day, the New York City Department of Corrections at Rikers Island released Albornoz back into the community after he served his sentence, despite an active detainer in place, without notifying ERO.

    On Sept. 27, the FBI New York’s Safe Streets Task Force notified ERO New York City of possible threats made by Albornoz to local law enforcement and requested assistance with locating and apprehending him.

    Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

    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 ICE. 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 uses intelligence driven operations that target public safety threats, such as convicted criminal noncitizens and gang members, who have violated our nation’s immigration laws, including those who illegally reenter the country after being removed and immigration fugitives ordered removed by federal immigration judges. ERO officers prioritize enforcement actions in accordance with the Guidelines for the Enforcement of Civil Immigration Law issued by DHS Secretary Alejandro N. Mayorkas on Sept. 30, 2021, and reinstituted on June 28 — obtaining and reviewing entire criminal and administrative records and any other investigative information available, when taking decisive law enforcement actions.

    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 City’s mission to preserve public safety on X, formerly known as Twitter, at @ERONewYork.

    MIL OSI USA News –

  • MIL-OSI USA: October 2nd, 2024 N.M. Delegation Welcomes $21 Million to Tackle Crime, Keep Communities Safe

    US Senate News:

    Source: United States Senator for New Mexico Martin Heinrich
    WASHINGTON — U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.), and U.S. Representatives Teresa Leger Fernández (D-N.M.), Melanie Stansbury (D-N.M.), and Gabe Vasquez (D-N.M.) are welcoming $20,706,897 from the U.S. Department of Justice (DOJ) to help New Mexico’s law enforcement solve crimes, support survivor services, improve violence prevention, and keep communities safe.
    The grants will be distributed through the DOJ’s Office on Violence Against Women (OVW) and the Office of Justice Programs (OJP).
    “I’m proud to announce over $20 million to better equip New Mexico’s law enforcement with the tools and resources needed to keep our communities safe. This significant investment will help tackle crime, hold dangerous criminals accountable, and deliver justice and support for survivors,” said Heinrich. “A safer New Mexico depends on solving crimes and supporting survivors, and I will continue to fight for the resources we need for both.”
    “This nearly $21 million in federal funding will deliver critical resources to help law enforcement solve crimes, support victims of violent crime, and boost violence prevention across New Mexico,” said Luján. “I’m proud to welcome this federal funding and I will keep fighting for federal resources to keep New Mexico communities safe.”
    “1 in 4 women have been beaten by an intimate partner in their lifetime. This funding from the Department of Justice focuses on providing more services to the survivors of domestic violence  survivors of domestic violence, dating violence, sexual assault, and stalking,” said Leger Fernández. “To effectively investigate and prosecute these crimes, the grants also increase the resources going to law enforcement.  I’m pleased that the funding benefits communities across my district, from the Pueblos to Santa Fe to Hobbs to our state agencies. Together we keep New Mexico safe.”
    “This almost $21 million investment into our communities is crucial in making New Mexico a safer place for everyone,” said Stansbury. “Victims of crimes deserve justice, and law enforcement needs the tools to give victims that justice. This funding is pivotal in achieving that goal.”
    “I’m proud to welcome over $20 million for law enforcement organizations across our state and Tribal communities. This funding will support law enforcement’s ability to reduce crime, make our neighborhoods safer and ensure justice for victims,” said Vasquez. “Our law enforcement officers and community organizations are working tirelessly, and this investment will help them continue to protect and serve New Mexicans. I’m committed to fighting for more federal resources to keep us safe.”
     

    Recipient

    City

    Project Title

    Grant

    Award Amount

    Coalition to Stop Violence Against Native Women

    Albuquerque

    OVW Fiscal Year 2024 Grants to Tribal Domestic Violence and Sexual Assault Coalitions Invitation to Apply

    OVW

    $414,147

    County of Bernalillo

    Albuquerque

    Bernalillo County Sheriff’s Office CAST Unit Expansion Project

    OJP

    $376,078

    Enlace Comunitario

    Albuquerque

    OVW Fiscal Year 2024 Grants to Enhance Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program

    OJP

    $450,000

    New Mexico Asian Family Center

    Albuquerque

    OVW Fiscal Year 2024 Grants to Enhance Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program

    OJP

    $475,000

    New Mexico Asian Family Center

    Albuquerque

    OVW Fiscal Year 2024 Legal Assistance for Victims

    OVW

    $600,000

    New Mexico Immigrant Law Center

    Albuquerque

    OVW Fiscal Year 2024 Legal Assistance for Victims

    OVW

    $750,000

    City of Albuquerque

    Albuquerque

    BJA FY24 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR)

    OJP

    $490,190

    La Casa

    Las Cruces

    OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program

    OVW

    $500,000

    Mescalero Apache Tribe

    Mescalero

    SMART FY 2024 Support for Adam Walsh Act Implementation Grant Program

    OJP

    $288,368

    New Mexico Department of Public Safety

    Santa Fe

    New Mexico FY24 NCHIP

     

    $2,224,200

    New Mexico Department of Public Safety

    Santa Fe

    BJA FY24 Byrne State Crisis Intervention Program Formula Solicitation

    OJP

    $1,633,050

    NM Department of Public Safety

    Santa Fe

    BJS FY24 National Criminal History Improvement Program

    OJP

    $2,224,200

    Santa Fe Dreamers Project

    Santa Fe

    OVW Fiscal Year 2024 Legal Assistance for Victims

    OVW

    $750,000

    New Mexico Department of Public Safety

    Santa Fe

    BJA FY24 Project Safe Neighborhoods Formula Grant Program

    OJP

    $167,378

    New Mexico Department of Public Safety

    Santa Fe

    BJA FY24 Formula DNA Capacity Enhancement for Backlog Reduction (CEBR)

    OJP

    $300,437

    New Mexico Department of Public Safety

    Santa Fe

    BJA FY24 Paul Coverdell Forensic Science Improvement Grants Program- Formula

    OJP

    $294,696

    Pueblo of Acoma

    Pueblo of Acoma

    FY 2024 CTAS Purpose Area 6 Award: Pueblo of Acoma

    OJP

    $450,000

    Pueblo of Acoma

    Pueblo of Acoma

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $450,000

    Pueblo of Acoma

    Pueblo of Acoma

    OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply

    OJP

    $254,413

    Pueblo of Acoma

    Pueblo of Acoma

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $900,000

    Pueblo of Isleta

    Isleta

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $900,000

    Pueblo of Isleta

    Isleta

    BJA FY24 Rural and Small Department Violent Crime Reduction Program

    OJP

    $300,000

    Pueblo of Jemez

    Jemez Pueblo

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $900,000

    Pueblo of San Felipe

    Algodones

    OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply

    OJP

    $229,973

    Pueblo of Taos

    Taos

    OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply

    OJP

    $229,973

    Pueblo of Zuni

    Zuni

    Empowering Tribal Resilience: Enhancing Zuni Tribal Justice Systems (Tribal Youth Programs)

    OJP

    $76,000

    Pueblo of Zuni

    Zuni

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $76,000

    Pueblo of Zuni

    Zuni

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $394,498

    Pueblo of Zuni

    Zuni

    OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply

    OJP

    $282,632

    Pueblo of Zuni

    Zuni

    FY24 U.S. Department of Justice Coordinated Tribal Assistance Solicitation

    OJP

    $885,691

    Santo Domingo Pueblo

    Santo Domingo

    OVC FY24 Tribal Victim Services Set-Aside Formula Program – Invited to Apply

    OJP

    $229,973

    Sexual Assault Services of Northwest New Mexico

    Farmington

    OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program

    OVW

    $700,000

    Sexual Assault Services of Northwest New Mexico

    Farmington

    OVW Fiscal Year 2024 Tribal Sexual Assault Services Program

    OVW

    $610,000

    Sheris House of Hope

    Hobbs

    OVW Fiscal Year 2024 Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program

    OVW

    $400,000

    Valencia Shelter Services

    Los Lunas

    OVW Fiscal Year 2024 Rural Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program

    OVW

    $500,000

    MIL OSI USA News –

  • MIL-OSI Security: Jury Convicts Colorado City Men in Child Sexual Abuse Conspiracy

    Source: United States Department of Justice (Human Trafficking)

    PHOENIX, Ariz. – Today, a federal jury in Phoenix found LaDell Jay Bistline, Jr., 45, and Torrance Bistline, 36, both of Colorado City, Arizona, guilty of multiple charges related to their participation in a years-long child sexual abuse conspiracy that spanned several states and victimized at least 10 children. The defendants committed their crimes with others, including co-defendant Samuel Rappylee Bateman, the self-proclaimed leader of a religious sect based in Colorado City. Bateman and nine of his other followers pleaded guilty to charges related to the child sexual abuse conspiracy and were not part of the trial against brothers LaDell Jay Bistline, Jr. and Torrance Bistline.

    “Today’s verdict is a step towards justice for the victims of LaDell and Torrance Bistline,” said U.S. Attorney Gary Restaino. “The Bistlines used their positions of power and trust to sexually exploit children and to profane their community. The devastating trauma and harm they inflicted is unfathomable. But today’s guilty verdicts hold them to account – for their despicable acts, for their breach of trust, and for their complete indifference to the mental and psychological scars their victims will live with for the rest of their lives. The United States Attorney’s Office, along with its state and federal law enforcement partners and other agencies, will continue to work tirelessly to protect the most vulnerable from abuse and exploitation, and to help them heal.”

    “Protecting children is one of the many noble missions of the FBI,” said FBI Phoenix Special Agent in Charge Jose A. Perez. “Adults who exploit children for illicit activities are a danger and a disgrace. Today’s verdicts reflect the unwavering dedication by the FBI and its partners to ensure those who prey on children are held accountable and brought to justice.”

    LaDell Jay Bistline, Jr. was convicted of one count of Receipt of Child Pornography; one count of Transfer of Obscene Material to a Minor; two counts of Persuading or Coercing Travel to Engage in Sexual Activity; two counts of Using a Means of Interstate Commerce to Persuade or Coerce a Minor to Engage in Sexual Activity; and two counts of Transportation of a Minor for Criminal Sexual Activity.

    Torrance Bistline was convicted of one count of Using a Means of Interstate Commerce to Persuade or Coerce a Minor to Engage in Sexual Activity; two counts of Destruction of Records in an Official Proceeding; one count of Conspiracy to Commit Destruction of Records in an Official Proceeding; one count of Tampering with an Official Proceeding; and one count of Conspiracy to Commit Tampering with an Official Proceeding.

    LaDell Jay Bistline, Jr. and Torrance Bistline were followers of Bateman, who represented himself as a religious prophet. In 2020 and 2021, Bateman’s followers gave their minor daughters and wards to him as child “brides” to sexually abuse. Bateman and others transported the victims between states, including Nebraska, Colorado, Utah, and Arizona to facilitate the sexual abuse. LaDell Jay Bistline, Jr. delivered two of his own daughters to Bateman to become child “brides” when the girls were nine and 11 years old. LaDell Jay Bistline, Jr. also participated in group sexual activity involving children, including one event he watched over a video livestream. Torrance Bistline, who financially supported Bateman’s group, sexually abused one of Bateman’s child “brides” during a group sexual activity. Torrance Bistline later tried to destroy and hide evidence to interfere with the investigation.

    LaDell Jay Bistline, Jr. and Torrance Bistline each face a minimum penalty of 10 years in prison and a maximum penalty of life in prison. Sentencing for LaDell Jay Bistline, Jr. is currently scheduled for December 16, 2024, and sentencing for Torrance Bistline is currently scheduled for December 20, 2024, before United States District Judge Susan M. Brnovich. Bateman is currently scheduled to be sentenced by Judge Brnovich on October 28, 2024. Several other defendants have already been sentenced, and the remaining defendants will be sentenced in the coming months.

    The Phoenix Field Office of the Federal Bureau of Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution. The United States Attorney’s Office continues to extend special gratitude to the Arizona Department of Child Safety for its work rescuing and protecting Arizona children impacted by this matter, the Colorado City Police Department, the Iron County (Utah) Sheriff’s Office, the U.S. Marshals Service, and the St. George Resident Agency of the FBI’s Salt Lake City Field Office for their assistance in this matter.

    CASE NUMBER:            CR-22-8092-PHX-SMB
    RELEASE NUMBER:    2024-135_Bistline

    # # #

    For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
    Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

    MIL Security OSI –

  • MIL-OSI USA: Cartwright Announces $375,000 in Federal Funds to Hire Additional Police Officers in Wilkes-Barre Township

    Source: United States House of Representatives – Congressman Matt Cartwright (17th District of Pennsylvania)

    “This grant is a significant step forward for our Township and Police Department,” said Chief Will Clark, Wilkes-Barre Township Police Department. “It allows us to enhance our police force without placing additional financial strain on our residents. We are committed to ensuring that Wilkes-Barre Township remains a safe and welcoming place for all. We would like to thank Congressman Cartwright for assisting us in making application for this vital source of much needed funding.”

    Today, U.S. Representative Matt Cartwright (PA-08), Ranking Member of the House Appropriations Commerce, Justice and Science Subcommittee, announced $375,000 in federal funds have been awarded to the Wilkes-Barre Township Police Department to hire additional police officers.

    The funding is the result of a grant through the U.S. Department of Justice’s Office of Community Oriented Policing Services (COPS) Hiring Program. The grant will cover up to 75% of the entry-level salaries and benefits for newly hired officers over a three-year period, significantly reducing the financial burden on the township.

    “As a senior member of the House Appropriations Committee, I’ll always stand with our police and support their work to keep our communities safe,” said Rep. Cartwright, who oversees more than $70 billion in annual federal spending, including the budget for the Department of Justice. “In Congress, I’ll continue fighting to bring these federal resources home to support local law enforcement and all emergency first responders.”

    “This grant is a significant step forward for our Township and Police Department,” said Chief Will Clark, Wilkes-Barre Township Police Department. “It allows us to enhance our police force without placing additional financial strain on our residents. We are committed to ensuring that Wilkes-Barre Township remains a safe and welcoming place for all. We would like to thank Congressman Cartwright for assisting us in making application for this vital source of much needed funding.”

    The COPS Hiring Program (CHP) is a competitive award program intended to create and preserve jobs and increase community policing capacity and crime prevention efforts. The community policing approach focuses on forging trust between law enforcement and the members of the communities they serve.

    MIL OSI USA News –

  • MIL-OSI Security: Pennsylvania Man Sentenced to 25 Years in Prison for Transporting a Minor with the Intent to Engage in Criminal Sexual Activity

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (c)

    SYRACUSE, NEW YORK – John Oathout, age 54, of Harrisburg, Pennsylvania, was sentenced on Friday to 25 years in prison for transporting a minor with the intent to engage in criminal sexual activity.  United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

    As part of his guilty plea, Oathout admitted that after a romantic relationship ended with the victim’s mother, the victim’s mother permitted the defendant to take her daughter on overnight trips to Virginia and New York.  During the week of Thanksgiving 2021, the defendant arranged to pick up the 5-year-old child from her home in Delaware and transport her to a hotel in Kingston, New York, where he subjected the child to sexual contact. 

    In addition to sentencing Oathout to serve 25 years in prison, Chief United States District Judge Brenda K. Sannes also imposed a 20-year term of supervised release, which Oathout will begin serving after he is released from prison, at which time Oathout will also be required to register as a sex offender.

    The FBI’s Albany Division Child Exploitation and Human Trafficking Task Force investigated this case.  The Task Force includes members of federal, state, and local law enforcement agencies. Assistant United States Attorney Carling Dunham prosecuted 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 Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).  Project Safe Childhood marshals federal, state, and local resources to better locates, 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 Security: St. Louis Nonprofit Executive Accused of More Than $2 Million Dollar Student Meal Fraud

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

    ST. LOUIS – The owner of a nonprofit was indicted Wednesday and accused of fraudulently obtaining more than $2 million in funds intended to feed low-income Missouri children, both before and during the coronavirus pandemic.

    Cymone McClellan, 31, of St. Louis, was indicted in U.S. District Court in St. Louis on four felony counts of wire fraud.

    The indictment says McClellan owned and ran a non-profit organization called Sister of Lavender Rose (S.O.L.R.). From about January 2019 to June 2022, McClellan and her nonprofit submitted false and fraudulent meal reimbursement claims to Missouri’s Department of Health and Senior Services (DHSS).  S.O.L.R. submitted reimbursement claims to the Food and Nutrition Programs for Children claiming that she served 860,876 meals to children but only bought enough food and milk to serve fewer than one-quarter of those meals, the indictment says. According to the indictment, McClellan defrauded the State of Missouri out of more than $2 million through her fraudulent reimbursement claims.

    The indictment says McClellan attempted to cover up her crime by providing bogus sign-in sheets to DHSS falsely claiming to have taken the attendance of meal recipients at certain food distribution locations. S.O.L.R. submitted management plans to DHSS falsely asserting that state meal reimbursement dollars were spent only in connection with the provision of meals to low-income children, and that the nonprofit did not use meal money to make purchases over $5,000. The indictment says McClellan spent $60,000 on a down payment on a house in Collinsville, Illinois and also bought five vehicles and a house in Florissant, Missouri.

    One of the addresses where McClellan informed the State of Missouri that she was purportedly preparing food for low-income children belonged to an adults-only nightclub called Elmo’s Love Lounge, the indictment says.

    The indictment seeks the forfeiture of the real estate, as well as a 2021 Chevrolet Traverse, a 2012 Chevrolet Express G3500 van, a 2020 Mercedez-Benz Metris van, a 2012 Ford E350 box truck and a 2018 Lexus RX SUV.

    Charges set forth in an indictment are merely accusations and do not constitute proof of guilt.  Every defendant is presumed to be innocent unless and until proven guilty. The wire fraud charges carry a penalty of up to 20 years in prison, a $250,000 fine or both prison and a fine.

    This case was investigated by the FBI and the U.S. Department of Agriculture Office of Inspector General. Assistant U.S. Attorney Derek Wiseman is prosecuting the case.  

    Anyone with information about pandemic fraud should call the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or report via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

    MIL Security OSI –

  • MIL-OSI Security: Ra Medical Systems, Inc. & Physicians Pay Over $8 Million to Resolve False Claims Act Allegations of Illegal Kickbacks

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

    DETROIT – United States Attorney Dawn N. Ison announced today a series of three civil settlements, totaling over $8 million, related to, among other allegations, kickbacks that medical device company Ra Medical Systems, Inc. (Ra Medical), paid to various physicians across the country related to Ra Medical’s DABRA laser.

    Ison was joined in the announcement by Special Agent in Charge Mario M. Pinto of the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG), Chicago Regional Office, Cheyvoryea Gibson, Special Agent-in-Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Special Agent in Charge Patrick J. Hegarty, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Northeast Field Office. 

    Ra Medical was a medical device company that was formerly headquartered in Carlsbad, California.  From 2017-2019, Ra Medical manufactured and sold a device known as the DABRA Laser.  The settlement with Ra Medical resolves the following alleged violations of the False Claims Act:

    • Ra Medical marketed the DABRA Laser for use in atherectomies, a procedure whereby plaque is mechanically removed from occluded blood vessels in patients suffering from peripheral artery disease. The U.S. Food and Drug Administration, however, had not approved the DABRA Laser for use in atherectomy procedures.
    • Additionally, Ra Medical knowingly marketed the DABRA Laser despite product performance issues causing frequent calibration and overheating problems, which posed a risk to physicians and patients, and prompted a recall in August 2019.
    • Ra Medical also knowingly offered and paid illegal remuneration to certain physicians to induce them to use the DABRA Laser in violation of the Federal Anti-Kickback Statute. The United States contends that the illegal remuneration consisted of cash payments and fees paid in connection with purported training events and consulting services. The United States further contends that RMS tracked utilization of its high-volume physician customers using an internal document titled “Who Deserve[] Love,” which was used to identify physicians that RMS should target with offers of improper remuneration. Two of the recipients of the alleged kickback payments were Elias Kassab, M.D. (Kassab), of Dearborn, Michigan, and David Allie, M.D. (Allie), of Lafayette, Louisiana.

    The Federal Anti-Kickback Statute prohibits offering or paying anything of value to induce referrals of items or services covered by Medicare and other federally funded programs.  The statute is intended to ensure that a medical provider’s judgment is not compromised by improper financial incentives.

    Under the terms of the agreement with Ra Medical, which was entered into pursuant to DOJ’s inability to pay settlement guidelines and was executed in December 2020, Ra Medical paid $2.5 million up front and would pay up to $28 million more if future financial contingencies were met.  In January 2023, Ra Medical paid an additional $5 million, after its reverse merger with Catheter Precision, Inc., triggered one of the contingencies.

    The settlement with Ra Medical remained under seal while the United States continued its investigation into Kassab and Allie, among others, who were alleged to have received improper kickbacks.  In a separate settlement, Kassab and two of his companies agreed to pay $450,000 to resolve the allegations against them.  In the third settlement, Allie and his consulting company agreed to pay $250,000 to resolve the allegations against them.

    “The United States will not allow doctors to hold out their hands expecting to be paid to use and promote a device,” said U.S. Attorney Ison. “The millions of people who depend on our federal healthcare programs deserve and expect medical decisions untainted by kickbacks, and this settlement reflects our commitment to pursuing not just the companies that pay illegal kickbacks, but also the physicians who willingly extract and accept them.”

    “The payment of kickbacks to induce referrals can undermine the trust in our nation’s providers and result in costly reductions to our federal health care programs,” said Special Agent in Charge Mario M. Pinto of the U.S. Department of Health and Human Services Office of Inspector General. “We will continue to work diligently with our law enforcement partners to ensure the appropriate use of taxpayer dollars.”

    “Healthcare services are being unlawfully influenced by medical providers engaging in criminal kickback schemes, significantly impacting programs such as Medicare and Medicaid,” said Cheyvoryea Gibson, Special Agent in Charge of the FBI in Michigan. “Our office is fully committed to investigating and holding accountable those individuals and organizations involved in illegal profit-driven practices that harm our medical system.”

    “Protecting TRICARE, the healthcare system for military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense Office of Inspector General,” stated Special Agent-in-Charge Patrick J. Hegarty, DCIS Northeast Field Office.  “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners and the Department of Justice to investigate allegations of healthcare fraud.”

    The civil settlements resolve the claims brought by Robert Gruber, under the qui tam or whistleblower provisions of the False Claims Act.  Under these provisions, a private party may file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned United States ex rel. Gruber v. Ra Medical Systems, Inc., et al., No. 19-12044 (E.D. Mich.).  The whistleblower will receive a combined $1,722,000 from the three settlements.  The claims resolved by the settlements are allegations only; there has been no determination or admission of liability.

    The matter was investigated by Assistant U.S. Attorney Jonny Zajac of the U.S. Attorney’s Office for the Eastern District of Michigan, with assistance from HHS-OIG, the FBI, and the Defense Criminal Investigative Service.

    MIL Security OSI –

  • MIL-OSI Security: Second Child Predator Sentenced to 35 Years in Federal Prison for Sexually Abusing a Child and Drugging Them with Methamphetamine

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

    INDIANAPOLIS—Dustin Scott Cox, 54, of Indianapolis, has been sentenced to 35 years in federal prison, followed by a lifetime of supervised release, after pleading guilty to sexual exploitation of a child and conspiracy to commit sexual exploitation of a child. 

    According to court documents, between at least February and September of 2020, Dustin Cox conspired with Zachary Nichols to sexually abuse and produce sexual images of a fifteen-year-old child. Cox is a repeat child sex offender, convicted in 2004 for coercing a 14-year-old to perform sex acts in exchange for a new bicycle.

    In 2020, Cox was Zachary Nichols’ methamphetamine dealer. Nichols sexually abused the child victim for years. Nichols began allowing Cox to sexually abuse the child as well, in exchange for supplying Nichols with methamphetamine. On multiple occasions, Cox and Nichols recorded their sexual abuse of the victim. The child was nearly incapacitated because of drug use in some of the child sex abuse material that Nichols and Cox created.

    In June of 2024, Zachary Nichols was sentenced to 42 years in federal prison for his role in sexually exploiting and abusing the child.

    “These heinous predators repeatedly sexually abused a child, incapacitated them with meth, and traded the victim’s body for drugs,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. “Our hearts go out to the survivor of these horrific abuses, and we hope this prosecution brings them some measure of peace. The lifelong trauma inflicted by these sick criminals merits federal prison sentences that will ensure that neither of them ever harms another child. Together with our partners at the FBI and IMPD, our office is committed aggressively prosecuting sex offenders who prey upon our children and removing them from our communities.”

    “Every child deserves to be live and thrive in a safe environment without worry of harm and abuse. This sentence reflects the severity of this heinous offense and should put others on notice that the FBI and our law enforcement partners will continue to hold accountable those who prey on our children,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton.

    The FBI and the Indianapolis Metropolitan Police Department investigated this case. The sentence was imposed by U.S. District Judge James R. Sweeney II. Cox has also been ordered to pay $10,000 in restitution to the victim and maintain his sex offender status wherever he lives, works, or goes to school upon release from federal prison.

    U.S. Attorney Myers thanked Assistant U.S. Attorney Tiffany J. Preston, who prosecuted this case.

    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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.

    ###

    MIL Security OSI –

  • MIL-OSI Security: Ra Medical Systems, Inc. & Physicians Pay Over $8 Million to Resolve False Claims Act Allegations of Illegal Kickbacks

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

    DETROIT – United States Attorney Dawn N. Ison announced today a series of three civil settlements, totaling over $8 million, related to, among other allegations, kickbacks that medical device company Ra Medical Systems, Inc. (Ra Medical), paid to various physicians across the country related to Ra Medical’s DABRA laser.

    Ison was joined in the announcement by Special Agent in Charge Mario M. Pinto of the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG), Chicago Regional Office, Cheyvoryea Gibson, Special Agent-in-Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Special Agent in Charge Patrick J. Hegarty, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Northeast Field Office. 

    Ra Medical was a medical device company that was formerly headquartered in Carlsbad, California.  From 2017-2019, Ra Medical manufactured and sold a device known as the DABRA Laser.  The settlement with Ra Medical resolves the following alleged violations of the False Claims Act:

    • Ra Medical marketed the DABRA Laser for use in atherectomies, a procedure whereby plaque is mechanically removed from occluded blood vessels in patients suffering from peripheral artery disease. The U.S. Food and Drug Administration, however, had not approved the DABRA Laser for use in atherectomy procedures.
    • Additionally, Ra Medical knowingly marketed the DABRA Laser despite product performance issues causing frequent calibration and overheating problems, which posed a risk to physicians and patients, and prompted a recall in August 2019.
    • Ra Medical also knowingly offered and paid illegal remuneration to certain physicians to induce them to use the DABRA Laser in violation of the Federal Anti-Kickback Statute. The United States contends that the illegal remuneration consisted of cash payments and fees paid in connection with purported training events and consulting services. The United States further contends that RMS tracked utilization of its high-volume physician customers using an internal document titled “Who Deserve[] Love,” which was used to identify physicians that RMS should target with offers of improper remuneration. Two of the recipients of the alleged kickback payments were Elias Kassab, M.D. (Kassab), of Dearborn, Michigan, and David Allie, M.D. (Allie), of Lafayette, Louisiana.

    The Federal Anti-Kickback Statute prohibits offering or paying anything of value to induce referrals of items or services covered by Medicare and other federally funded programs.  The statute is intended to ensure that a medical provider’s judgment is not compromised by improper financial incentives.

    Under the terms of the agreement with Ra Medical, which was entered into pursuant to DOJ’s inability to pay settlement guidelines and was executed in December 2020, Ra Medical paid $2.5 million up front and would pay up to $28 million more if future financial contingencies were met.  In January 2023, Ra Medical paid an additional $5 million, after its reverse merger with Catheter Precision, Inc., triggered one of the contingencies.

    The settlement with Ra Medical remained under seal while the United States continued its investigation into Kassab and Allie, among others, who were alleged to have received improper kickbacks.  In a separate settlement, Kassab and two of his companies agreed to pay $450,000 to resolve the allegations against them.  In the third settlement, Allie and his consulting company agreed to pay $250,000 to resolve the allegations against them.

    “The United States will not allow doctors to hold out their hands expecting to be paid to use and promote a device,” said U.S. Attorney Ison. “The millions of people who depend on our federal healthcare programs deserve and expect medical decisions untainted by kickbacks, and this settlement reflects our commitment to pursuing not just the companies that pay illegal kickbacks, but also the physicians who willingly extract and accept them.”

    “The payment of kickbacks to induce referrals can undermine the trust in our nation’s providers and result in costly reductions to our federal health care programs,” said Special Agent in Charge Mario M. Pinto of the U.S. Department of Health and Human Services Office of Inspector General. “We will continue to work diligently with our law enforcement partners to ensure the appropriate use of taxpayer dollars.”

    “Healthcare services are being unlawfully influenced by medical providers engaging in criminal kickback schemes, significantly impacting programs such as Medicare and Medicaid,” said Cheyvoryea Gibson, Special Agent in Charge of the FBI in Michigan. “Our office is fully committed to investigating and holding accountable those individuals and organizations involved in illegal profit-driven practices that harm our medical system.”

    “Protecting TRICARE, the healthcare system for military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense Office of Inspector General,” stated Special Agent-in-Charge Patrick J. Hegarty, DCIS Northeast Field Office.  “The settlement agreement announced today demonstrates our ongoing commitment to work with our law enforcement partners and the Department of Justice to investigate allegations of healthcare fraud.”

    The civil settlements resolve the claims brought by Robert Gruber, under the qui tam or whistleblower provisions of the False Claims Act.  Under these provisions, a private party may file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned United States ex rel. Gruber v. Ra Medical Systems, Inc., et al., No. 19-12044 (E.D. Mich.).  The whistleblower will receive a combined $1,722,000 from the three settlements.  The claims resolved by the settlements are allegations only; there has been no determination or admission of liability.

    The matter was investigated by Assistant U.S. Attorney Jonny Zajac of the U.S. Attorney’s Office for the Eastern District of Michigan, with assistance from HHS-OIG, the FBI, and the Defense Criminal Investigative Service.

    MIL Security OSI –

  • MIL-OSI Security: Nigerian Man Pleads Guilty After Extradition to Participating in Romance Scams and Other Fraud Schemes Targeting Elderly Victims

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (c)

    Damian Williams, the United States Attorney for the Southern District of New York, announced that ISAIAH OKERE plead guilty today before U.S. District Judge Lewis Liman to charges stemming from his participation in an international conspiracy to defraud at least 15 victims of romance schemes, lottery scams, and business email compromise schemes.

    U.S. Attorney Damian Williams said: “Isaiah Okere and his co-conspirators preyed on elderly and vulnerable victims, some of whom lost their entire life savings.  Even though he operated his scams from a country halfway around the world, this Office’s global reach ensures that he will be held accountable in the United States for his crimes.” 

    According to Count One of the Information to which OKERE pled guilty and other statements and submissions made in Court:         

    From at least in or about 2015 up to and including November 2019, OKERE and co-conspirator Timy Hakim conspired with members of the “Black Axe” transnational criminal organization to engage in fraudulent schemes that left at least 15 people and entities with over a million dollars in losses.  OKERE facilitated the laundering of proceeds of three types of fraud schemes, a “Romance Scheme,” a “Lottery Scheme,” and a “BEC Fraud Scheme.” Through the Romance Scheme, a vulnerable individual was led to believe she or he was in a romantic online relationship with a perpetrator of the Scheme when, in fact, the perpetrator merely used this as a mechanism to build the victim’s trust and solicit the victim’s money.  Through the Lottery Scheme, the scheme participants informed certain victims that they had won a cash prize but first needed to make certain payments to access the funds.  Through the BEC Fraud Scheme, the scheme participants induced a corporate victim located in Manhattan to release company funds under fraudulent pretenses by impersonating the founder of the company.

    OKERE used accounts under false identities to communicate directly with his U.S. victims.  He also controlled multiple foreign bank accounts in South Africa that received funds from victims targeted by these schemes.  

    At least 15 individual and corporate victims lost money as part of OKERE, Hakim, and their co-conspirators’ schemes.  They include vulnerable, isolated, and elderly victims who entered into relationships after the deaths of their spouses and, over a period of several years, were induced to drain their entire retirement savings and take out loans from family and friends.  Many victims experienced severe emotional harm, including a woman who reported becoming suicidal after losing her retirement savings to this scheme.

    *                *                *

    OKERE, 42, a citizen of the Republic of Nigeria, was arrested in South Africa on the basis of a provisional arrest warrant in December 2021 and was extradited on August 23, 2024.  He pled guilty today to one count of conspiracy to commit wire fraud, which carries a maximum sentence of five years in prison.  

    On September 27, 2023, co-defendant Timy Hakim was sentenced to two years in prison and was ordered to pay $1,414,043 in restitution and forfeit $671,452.

    The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

    Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation. Mr. Williams also thanked the South African Department of Justice and Constitutional Development, National Prosecuting Authority of South Africa, and the South African Police Service.  The U.S. Department of Justice’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from South Africa.

    The criminal case is being prosecuted by the Office’s Illicit Finance and Money Laundering Unit.  Assistant U.S. Attorney Vladislav Vainberg is in charge of the prosecution.

    MIL Security OSI –

  • MIL-OSI USA: ERO Washington, D.C. arrests Venezuelan national charged with malicious wounding, DWI, hit and run, firearms crimes in Virginia

    Source: US Immigration and Customs Enforcement

    WASHINGTON — Enforcement and Removal Operations Washington, D.C. apprehended an unlawfully present 30-year-old Venezuelan noncitizen charged in Virginia with malicious wounding, DWI, hit and run, and numerous firearms crimes. Officers with ERO Washington, D.C.’s Special Response Team arrested Yohandri Roger Mosquera-Rosas Sept. 12 in Springfield, Virginia.

    “Yohandri Roger Mosquera-Rosas’ charges render him a significant threat to the residents of our Northern Virginia neighborhoods,” said ERO Washington, D.C. Field Office Director. “Mosquera allegedly committed numerous firearms crimes, including one that apparently endangered a child. ERO Washington, D.C. will continue to prioritize the safety of our public by apprehending and removing egregious noncitizen offenders from our Washington, D.C. and Virginia communities.”

    U.S. Border Patrol encountered Mosquera Oct. 11, 2022, after he unlawfully entered the United States near El Paso, Texas. Officials issued Mosquera a record of arrival and lawfully paroled him into the United States. However, Mosquera violated the terms of his lawful admission.

    Fairfax County Police arrested Mosquera Jan. 1, 2023, and charged him with malicious wounding, reckless handling of a firearm, leaving a firearm loaded — endangering a child less than 14 years of age, and using a firearm in commission of a felony. Later that day, ERO lodged an immigration detainer against Mosquera with the Fairfax County Adult Detention Center. However, the detention center refused to honor ERO’s immigration detainer and released Mosquera from custody on an unknown date.

    Fairfax County Police again arrested Mosquera June 22, 2023, and charged him with using a firearm in commission of a felony. Later that day, ERO Washington, D.C. contacted the Fairfax County Adult Detention Center to lodge an immigration detainer, but Mosquera had already been released from custody.

    Fairfax County Police twice arrested Mosquera on Feb. 18 and again on May 2 and charged him with driving while intoxicated and hit and run with property damage. After each arrest, ERO lodged immigration detainers against Mosquera with the Fairfax County Adult Detention Center. On both occasions, however, the detention center refused to honor ERO’s immigration detainers and released Mosquera from custody without notification to ERO Washington, D.C.

    Officers from ERO Washington, D.C.’s SRT arrested Mosquera Sept. 12 in Springfield, Virginia. Mosquera remains in ERO custody.

    Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

    ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with Department of Justice’s Executive Office for Immigration Review. The Executive Office for Immigration Review is a separate entity 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, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal.

    Members of the public can report crimes and suspicious activity by dialing 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

    Learn more about ICE’s mission to increase public safety in your community on X, formerly known as Twitter, at @EROWashington.

    MIL OSI USA News –

  • MIL-OSI USA: U.S. Senate Unanimously Passes Shaheen, Cornyn, Hassan, Rosen and Peters’ Bipartisan Resolution to Commemorate National Community Policing Week

    US Senate News:

    Source: United States Senator for New Hampshire Jeanne Shaheen
    (Washington, DC) – A bipartisan resolution led by U.S. Senator Jeanne Shaheen (D-NH), along with U.S. Senators John Cornyn (R-TX), Maggie Hassan (D-NH), Gary Peters (D-MI) and Jacky Rosen (D-NV) to commemorate National Community Policing Week has unanimously passed the U.S. Senate. Shaheen first introduced this resolution in 2017 to establish the first full week of October as National Community Policing Week, and it has passed the U.S. Senate each year since on a bipartisan basis. The bipartisan resolution recognizes the service and sacrifice of the law enforcement community and underscores the importance of community policing. Additionally, the resolution encourages civilians, law enforcement agencies and public servants to work together to find solutions to improve public safety, strengthen community relationships and build trust. 
    “When law enforcement and citizens develop meaningful local ties to collaborate on improving public safety, our communities are safer and stronger places to call home,” said Senator Shaheen, Chair of the Commerce, Justice, Science and Related Agencies Appropriations Subcommittee. “Our bipartisan resolution honors the immense sacrifice law enforcement officers make day in and day out and emphasizes the need to invest in community policing to foster trust and protect our citizens. I’m glad to see it pass the U.S. Senate without objection.” 
    “National Community Policing Week recognizes the dedication of our men and women in blue who risk their lives every day to keep our neighborhoods safe,” said Senator Cornyn. “This resolution reaffirms our commitment to effective community policing and fostering positive relationships between law enforcement and those they serve.” 
    “This bipartisan effort recognizes community policing, which is crucial for fostering trust between law enforcement and the public,” said Senator Hassan. “I will continue working across the aisle to support New Hampshire’s law enforcement officers as they serve our communities.” 
    “Building trust between residents and local law enforcement is key to the safety of our communities,” said Senator Peters. “I am proud to have helped lead this bipartisan resolution to commemorate National Community Policing Week and recognize the important work being done to strengthen our neighborhoods and keep people safe.” 
    “Nevada’s law enforcement officers work tirelessly to keep families across our state safe, including by strengthening the bonds between them and local communities,” said Senator Rosen. “Last year, I had the honor of being accompanied to the State of the Union by a Las Vegas Metropolitan Police officer who has been using innovative outreach strategies to reach the Latino community in Las Vegas. These law enforcement officers deserve our utmost respect and gratitude, which is why I’m proud to help pass this bipartisan resolution to honor their courageous work promoting strong relationships between agencies and the communities they serve.” 
    Full text of the bipartisan resolution can be found here. 
    As Chair of the Commerce, Justice, Science and Related Agencies Appropriations Subcommittee, Shaheen helps secure funding for the Department of Justice’s Community Oriented Policing Services (COPS) programs.    

    MIL OSI USA News –

  • MIL-OSI USA: Rep. McGarvey Introduces Bill to Invest in Entrepreneurship, Reduce Recidivism

    Source: United States House of Representatives – Congressman Morgan McGarvey (Kentucky-03)

    September 26, 2024

    WASHINGTON, D.C. (September 26, 2024) – This week, Congressman Morgan McGarvey (D-KY-03) and Congressman Tim Burchett (R-TN-02) introduced H.R. 9841, the Prison to Proprietorship for the Formerly Incarcerated Act, bipartisan legislation that would provide in-depth entrepreneurship training to formerly- incarcerated individuals looking to start a business or enter the workforce. 

    “Nearly all incarcerated people will complete their sentence and return to their community—we have to make sure that we’re laying a strong foundation for success post-incarceration,” said Rep. McGarvey. “By providing a path to entrepreneurship for formerly-incarcerated Americans, my bill not only works to reduce recidivism, but also gives returning citizens the tools they need to start a business and achieve their American dream.”

    The Prison to Proprietorship for the Formerly Incarcerated Act would direct SCORE—a program within the Small Business Administration that offers free or low-cost mentorship and training to entrepreneurs—to provide formerly incarcerated individuals with one-on-one mentoring, workshops, and online instruction specifically tailored to their unique needs.

    “Around 95% of incarcerated people get released and end up back on the streets,” said Rep. Burchett. “We need to make sure they’re prepared to rejoin their communities, and teaching them entrepreneurial skills helps them get a fresh start.”

    BACKGROUND:

    Despite steps to reform and improve our criminal justice system, returning citizens face significant barriers to reentering the workforce, and studies have shown that recidivism rates tend to be higher for those individuals who lack employment. As reported by the Council for State Governments, states spent an estimated $8 billion on reincarceration costs for people who exited prison in 2022, and The Department of Justice estimates that 82 percent of individuals released from state prisons were rearrested at least once during the 10 years following release. 

    Programs that teach formerly incarcerated individuals leadership skills, financial literacy, networking, and how to develop a business plan reduce recidivism and create more opportunities for returning citizens. As the flagship agency tasked with supporting entrepreneurs and small businesses, the Small Business Administration has the expertise and experience to teach those skills.

    View text of the bill here.

    A one pager for the bill is available here.

    ###

    MIL OSI USA News –

  • MIL-OSI USA: Tillis, Colleagues Introduce Legislation to Eliminate Barriers to Justice for Camp Lejeune Victims

    US Senate News:

    Source: United States Senator for North Carolina Thom Tillis

    WASHINGTON, D.C. – Senator Thom Tillis, along with Senators Ted Budd (R-NC), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), Sheldon Whitehouse (D-RI), Mike Braun (R-IN), Chris Coons (D-DE), Jeanne Shaheen (D-NH), Tammy Duckworth (D-IL), Gary Peters (D-MI), and Mazie Hirono (D-HI), recently introduced the Ensuring Justice for Camp Lejeune Victims Act, bipartisan legislation that makes technical corrections to the original Camp Lejeune Justice Act by clarifying the right to jury trials and the appropriate causation standard, capping attorneys’ fees, and expanding jurisdiction to alleviate the backlog of toxic water claims.

    “Currently, veterans and other victims exposed to contaminated water at Camp Lejeune are running into roadblocks that are denying them their day in court before a jury for the often-crippling and deadly medical conditions they have suffered,” said Senator Tillis. “Since coming to office, I have worked alongside those who lived and worked at Camp Lejeune that were unknowingly exposed to harmful chemicals to finally give them the health care and benefits they deserve. I am proud to introduce this legislation with my colleagues on both sides of the aisle to bring justice for victims and provide a path forward for justice after decades of delay.”

    “Victims of the contaminated water at Camp Lejeune deserve justice. But instead, DOJ bureaucrats are throwing up roadblocks and making it harder for veterans to get their day in court,” said Senator Budd. “That’s why I’m proud to join Senator Tillis to introduce a bipartisan bill to remove regulatory hurdles and see that Camp Lejeune victims get the compensation, care, and benefits they deserve.”

    “Victims of Camp Lejeune’s contaminated water deserve recompense and accountability,” said Senator Blumenthal. “With this essential legislation, we eliminate roadblocks and provide a pathway to seeking justice for our veterans and their families affected by toxic exposure, ensuring access to well-deserved benefits and relief.”

    “We need to make it as easy as possible for veterans exposed to harmful chemicals to get the benefits they deserve,” said Senator Braun.  

    “After selflessly answering the call to serve our nation, too many brave servicemembers were exposed to toxic chemicals from Camp Lejeune’s drinking water—but could not receive the justice and care they deserve due to unnecessary roadblocks,” said Senator Duckworth. “This bipartisan legislation would help make it easier for impacted servicemembers and Veterans to access the care and benefits they’ve earned through their service. It’s the least we could do after all they sacrifice for us.” 

    “It’s unacceptable that individuals impacted by the Camp Lejeune water contamination continue to experience bureaucratic roadblocks,” said Senator Rubio. “Compensation for veterans and other victims impacted, including thousands of individuals in Florida, is long overdue. Senator Tillis and I are eternally grateful for their service and are working to rectify this situation.”

    “Camp Lejeune veterans and their families deserve justice,” said Senator Shaheen. “I’m proud to cosponsor the Ensuring Justice for Camp Lejeune Victims Act, which will improve and clarify the legislation Congress passed two years ago to give these families a path to justice.” 

    The following Veteran Service Organizations have endorsed the Ensuring Justice for Camp Lejeune Victims Act: the Special Operations Association of America, the American Legion, the National Military Family Association, the Marine Corps League, the Marine Corps Reserve Association, the Military Chaplains Association, the Tragedy Assistance Program for Survivors (TAPS), the Moral Compass Federation, the Blinded Veterans Association, the Vietnam Veterans of America, the Enlisted Association of the National Guard, and the Association of the US Navy.

    “Two years ago, Mike Partain and I sat in the Senate Gallery and witnessed the passage of the Camp Lejeune Justice Act,” said Jerry Ensminger, father of Janey Ensminger, a Camp Lejeune water contamination victim. “We thought our decades-long fight for justice at Camp Lejeune was nearing an end. Instead, we have seen yet more roadblocks and delays, which was not the intent of Congress and the original bill. This new legislation will help remedy this issue and help our service personnel and their families achieve their justice for the toxic tragedy at Camp Lejeune.”

    “SOAA is glad to see this bi-partisan effort to achieve justice for veterans who have waited so long,” said David Cook, Executive Director, Special Operations Association of America. “This is also a win for veterans’ choice in pursuing action. Helping Camp Lejeune veterans and families has been a long-time priority for SOAA and the many victims of the contaminated water who are critically ill. We urge Congress to pass this legislation as soon as possible.”

    “On behalf of our 1.6 million dues-paying members, The American Legion is proud to support the Ensuring Justice for Camp Lejeune Victims Act of 2024,” said James A. LaCoursiere, National Commander, The American Legion. “This bill enhances previous Camp Lejeune water legislation by expanding judicial jurisdiction to any of the five states of the U.S. Court of Appeals for the 4th Circuit — Maryland, Virginia, West Virginia, North Carolina and South Carolina — rather than just in North Carolina’s federal courts. In addition, this bill codifies caps on attorney’s fees for administrative claims and for lawsuits filed in court based on Department of Justice recommendations. We applaud Senator Tillis and Senator Blumenthal for their leadership in expanding court access and protecting our veterans and their families from predatory actors.”

    “We have a special responsibility to protect those charged with protecting our freedoms,” said Besa Pinchotti, CEO, National Military Family Association. “But the veterans and military families affected by the water contamination at Camp Lejeune have been waiting for help for decades. This bill rights the technical wrongs in the Camp Lejeune Justice Act of 2022, ensuring that the families who have served us and suffered since finally get the justice they deserve.”

    “With exposure to toxic chemicals during military service also having emerged somewhat recently as a factor in diseases causing loss of sight, we as blind and low vision veterans feel that we can relate to the plight of service members and family members of Camp Lejeune who continue to be victimized by the lack of a fair and timely path to judicial relief,” said Donald D. Overton, Jr., Executive Director of the Blinded Veterans Association. “We support the Ensuring Justice for Camp Lejeune Victims Act as a means of correcting this injustice and encouraging action on the incomprehensible 360,000 claims for which only 114 have currently received a settlement.” 

    Full text of the bill is available HERE and a one-page summary is available HERE.

    Background:

    With passage of the Camp Lejeune Justice Act, Congress intended to create a jury trial right with a lower causation standard to ensure a compensation process that would be fair and proportionate to the level of harm and injuries caused by exposure. However, the Department of Justice has fought the law and successfully challenged both the jury trial and causation standards intended by Congress.

    Specifically, The Ensuring Justice for Camp Lejeune Victims Act:

    • Permits cases to be heard in any district court in the 4th Circuit.
    • Explicitly provides for jury trials.
    • Expressly states that victims must only show general causation, including for latent or potential harm.
    • Caps attorney fees at 20% for settlements and 25% for trials.
    • Ensures there is no room for interpreting Congress’ intent to provide complete and swift relief to victims of contaminated water at Camp Lejeune. 

    Senator Tillis has been fighting for the victims of Camp Lejeune toxic contamination for over a decade, working to successfully advance bipartisan legislation. In 2014, as Speaker of the North Carolina House of Representatives, Tillis was successful in amending North Carolina’s statute of repose that previously prevented toxic contamination victims from bringing lawsuits more than 10 years after a pollution event took place. In September 2015, Senator Tillis pressed the Department at a Senate Veterans’ Affairs Committee (SVAC) hearing on Camp Lejeune for answers about granting Lejeune veterans disability status. Bureaucratic red tape and internal resistance at the VA delayed a final decision for years. Finally, the VA announced in December 2015 that the victims of Camp Lejeune’s poisoned water diagnosed with certain illness would be granted disability status. 

    In 2019, he co-introduced the Janey Ensminger Act to ensure individuals with diseases scientifically linked to toxic chemical exposure at Camp Lejeune, North Carolina receive proper medical care from the Veterans Administration (VA). The bill was named in honor of Master Sergeant Jerry Ensminger’s daughter Janey, who was only nine-years-old when she died from a rare form of leukemia after being exposed to toxic water at Camp Lejeune.  Unfortunately, while the VA allowed veterans exposed to contaminated water to pursue VA benefits, most of the claims were denied. In 2019 alone, the U.S. Navy denied nearly 5,000 claims filed by Navy veterans stationed at Camp Lejeune. During this timeframe, three in four Camp Lejeune veterans had their requests for VA benefits denied. 

    In September 2020, Senator Tillis introduced the Camp Lejeune Justice Act, legislation that provided veterans and their families who are suffering due to water contamination at Camp Lejeune long-overdue judicial relief. The legislation corrected unintended injuries unique to Marine families stationed at Camp Lejeune due to an anomaly in the application of North Carolina law in the federal court system. Senator Tillis reintroduced the bipartisan Camp Lejeune Justice Act in 2021, which was codified into law in 2022. 

    In May 2023, Senators Tillis and Budd led a bipartisan, bicameral letter to the Secretary of the Navy and Attorney General Garland expressing concerns over the Navy’s failure to adjudicate claims submitted since August 2022 for Camp Lejeune water contamination. 

    MIL OSI USA News –

  • MIL-OSI Security: Colorado Man Sentenced to Prison on Felony and Misdemeanor Charges for Actions During January 6 Capitol Breach

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

                WASHINGTON— A Colorado man was sentenced to prison today after he was convicted of multiple felony and misdemeanor charges related to his conduct 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.

                Tyler Earl Ethridge, 35, of Colorado Springs, Colorado, was sentenced to seven months in prison, 24 months of supervised release, and ordered to pay $2,000 in restitution by U.S. District Judge Rudolph Contreras.

                Judge Contreras convicted Ethridge of obstruction of an official proceeding and civil disorder, both felony offenses, on Sept. 8, 2023.  In addition to the felonies, Ethridge was convicted of several misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

                Judge Contreras sentenced Ethridge on a felony offense of civil disorder and misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

                According to evidence presented during the trial, Ethridge traveled from his home in Colorado to Washington, D.C., and on Jan. 6, 2021, attend the former President’s “Stop the Steal” rally on the National Mall. Ethridge left during the rally and made his way toward the Capitol building. At approximately 12:55 p.m., while on restricted Capitol grounds near the Peace Circle, Ethridge and the crowd encountered a line of bike rack barricades, fencing, and police officers preventing their advance. Court documents say that the crowd—including Ethridge—surged forward, destroying the barricades, overwhelming police, and knocking an officer to the ground.  Ethridge also helped remove the bicycle rack fencing erected on the northwest approach to the Capitol, which bore a large sign declaring “Area Closed.”

                Ethridge proceeded with the crowd past the barricades to the West Plaza outside of the Capitol. There, while people in Ethridge’s earshot chanted “Stop the steal! Stop the steal!”, Ethridge was pepper-sprayed and shot with rubber bullets by police officers attempting to control and disperse the crowd. Ethridge was not deterred. He then climbed a media scaffolding and exhorted the crowd to continue fighting the police. 

                At approximately 2:35 p.m., Ethridge entered the Capitol building via the Upper West Terrace Door. From there, Ethridge proceeded to the Rotunda. As he walked to and then up the stairs leading to the Rotunda, Ethridge recorded video on his cell phone. In that video, loud alarms are blaring as Ethridge urges another protestor to “cover your face.” Ethridge stayed in the Rotunda for approximately three minutes. While in the Rotunda, police officers attempting to control and disperse the crowd deployed more pepper spray, and again Ethridge suffered its effects. Rather than exit the Capitol, however, Ethridge remained and filmed several videos that he posted to social media.

                In one such video, Ethridge stated:

                “We stormed the Capitol. [. . .] This is amazing. I hope this doesn’t get me thrown in jail. I’m officially a pastor. This is what pastors need to do. […] Christians, we need to infiltrate every area of society like this. Every area of society like this. Peacefully. But if it takes a little bit of aggression to barge through the walls that Satan separates us from the culture, it’s time for the body of Christ to infiltrate the culture.”

                Minutes after leaving the Rotunda, Ethridge joined a crowd of rioters in the hallway between the Rotunda and the Senate Chamber. There, Ethridge and the other rioters forcibly resisted police efforts to clear the area, by bracing his body and attempting to physically resist the officers’ efforts to move him out of the hallway. After this physical conflict with law enforcement officers, Ethridge returned to the Rotunda, where he stayed for approximately 10 minutes. Ethridge then exited the Capitol building, having spent approximately 30 minutes inside the building.

                In the aftermath of Jan. 6, Ethridge remained active on social media. In one post, dated Sept. 24, 2021, he wrote, “Don’t be afraid of what they sentence you with. I’m not. I’m ready for whatever I’ll be charged with. America is still primed and ready.”

                The FBI arrested Ethridge on July 8, 2022, in Colorado.

                This case was 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 District of Colorado and the U.S. Attorney’s Office for the Middle District of Florida.

                This case was investigated by the FBI’s Denver Field Office and its Colorado Springs Resident Agency, and the FBI’s Dallas Field Office and its Abilene Resident Agency. Valuable assistance was provided by the FBI’s Washington Field Office, the U.S. Capitol Police and the Metropolitan Police Department.

                In the 44 months since Jan. 6, 2021, more than 1,504 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 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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    Twitter, Instagram, and YouTube

    MIL Security OSI –

  • MIL-OSI Asia-Pac: Justice upheld in District Court’s sentencing in a case of “conspiracy to publish seditious publication”

    Source: Hong Kong Government special administrative region

    Justice upheld in District Court’s sentencing in a case of “conspiracy to publish seditious publication”
    Justice upheld in District Court’s sentencing in a case of “conspiracy to publish seditious publication”
    ******************************************************************************************

         ​Following the conviction of three defendants on August 29 in a case of “conspiracy to publish and/or reproduce seditious publication”, the District Court handed down its sentence today (September 26).           The Hong Kong Special Administrative Region (HKSAR) Government spokesman said: “The court has held earlier that Chung Pui-kuen and Lam Shiu-tung, while holding chief editorial positions at Stand News, had knowledge and approved of the seditious intent of the articles, providing Stand News as a publishing platform for inciting hatred against the Central Authorities and the HKSAR Government, as well as hatred against the administration of justice.”           The spokesman said, “The reasons for verdict by the Court have pointed out clearly that the ideology of Stand News was localism which excluded China, and that it even became a tool to smear and vilify the Central Authorities and the HKSAR Government during the movement of opposition to the proposed legislative amendments. The court found that the relevant articles, without any objective basis, attacked the relevant law and procedures; and relevant law enforcement and prosecutorial process; spread hatred and anti-government sentiment with disinformation; attacked law enforcement by the Police and glorified the behaviour of rioters – in other words, they were not based on facts. To distort acts of inciting hatred as “journalism” is a complete reversal of right and wrong.”           “According to Schedule 3 of the Implementation Rules of Article 43 of the Hong Kong National Security Law, the Department of Justice (DoJ) has made an application to court for a confiscation order to confiscate the proceeds of the relevant crime. DoJ will continue to handle subsequent procedures in accordance with the law.”            “The court stated in its reasons for sentence that at the time of the offence, the three defendants were not engaging themselves in genuine journalistic work but were participating in the so-called protest at the time. From the editorial of Stand News and News Stand, it is evident that they sided with the protesters against the Government. The crimes committed by the three defendants are very serious.”            “The reasons for sentence also pointed out that, given Stand News had approximately 1,600,000 followers, the seditious articles involved have undoubtedly caused significant harm to both the Central Government and HKSAR Government as well as the residents, although it is difficult to quantify.”     The spokesperson stated: “The reasons for sentence also indicated that, due to the severity of the offences, imprisonment is the only appropriate sentencing option. Regarding the length of the sentence, the maximum penalty is two years’ imprisonment. This maximum penalty is completely disproportionate to the severity of the offences. According to the existing Safeguarding National Security Ordinance, the maximum penalty for the crime of sedition is seven years’ imprisonment. Based on the culpability of the second defendant, Chung Pui-kuen, a starting point of 23 months’ imprisonment was adopted, and a sentence of 21 months was passed. For the third defendant, Lam Siu-tung, a starting point of 14 months’ imprisonment was adopted but due to the potential risk to his life if sent to prison, a sentence was imposed that allows for his immediate release.”     The spokesman says, “Following the verdict in this case, some have expressed concerns about freedom of the press and speech in Hong Kong. Some foreign media or other people with ulterior motives, as well as anti-China organisations and anti-China politicians, made untruthful and purely political remarks smearing the HKSAR. We have made clarifications and rebuttals many times to set the record straight. As demonstrated in the court’s reasons for its verdict, Stand News completely disregarded objective facts and contravened the “special duties and responsibilities” which journalists must observe under international human rights conventions.”     The spokesman pointed out that, “The Basic Law and the Hong Kong Bill of Rights guarantee fundamental rights such as the freedom of expression, peaceful assembly, procession and demonstration. Members of the public (including journalists) in Hong Kong are, as always, free to make comments or criticisms that are based on facts, and to enjoy and exercise freedoms of the press and of speech in accordance with the law, without fear of unwittingly violating the law.”     “It is the constitutional duty of the HKSAR to safeguard national security. In this regard, the HKSAR Government will ensure that laws are observed and continue to enforce the law resolutely, decisively and rigorously with a view to effectively preventing, suppressing and imposing punishment for acts and activities endangering national security with all-out efforts.”

     
    Ends/Thursday, September 26, 2024Issued at HKT 23:57

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    MIL OSI Asia Pacific News –

  • MIL-OSI Video: AAG Kristen Clarke Delivers Remarks to Honor Hispanic Heritage Month

    Source: United States Department of Justice (video statements)

    In honor of Hispanic Heritage Month, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division delivers remarks to highlight the Division’s work to protect the civil rights of all Americans.

    https://www.youtube.com/watch?v=U2DciJrlIpU

    MIL OSI Video –

  • MIL-OSI Asia-Pac: Stand News case sentencing set

    Source: Hong Kong Information Services

    The Hong Kong Special Administrative Region Government said that justice was upheld in the District Court’s sentencing of three defendants in a case of “conspiracy to publish and/or reproduce seditious publication”.
     
    The court handed down its sentence today, following the conviction of three defendants on August 29.
     
    In a statement, the Hong Kong SAR Government explained that the court has held earlier that Chung Pui-kuen and Lam Shiu-tung, while holding chief editorial positions at Stand News, had knowledge and approved of the seditious intent of the articles, providing Stand News as a publishing platform for inciting hatred against the central authorities and the Hong Kong SAR Government, as well as hatred against the administration of justice.
     
    It added that the reasons for the verdict by the court have pointed out clearly that the ideology of Stand News was localism which excluded China, and that it even became a tool to smear and vilify the central authorities and the Hong Kong SAR Government during the movement of opposition to the proposed legislative amendments.
     
    The court found that the relevant articles, without any objective basis, attacked the relevant law and procedures; and relevant law enforcement and prosecutorial process; spread hatred and anti-government sentiment with disinformation; attacked law enforcement by Police and glorified the behaviour of rioters – in other words, they were not based on facts.
     
    The statement noted that to distort acts of inciting hatred as “journalism” is a complete reversal of right and wrong.
     
    According to Schedule 3 of the Implementation Rules of Article 43 of the Hong Kong National Security Law, the Department of Justice has made an application to the court for a confiscation order to confiscate the proceeds of the relevant crime.
     
    The department will continue to handle subsequent procedures in accordance with the law, the statement added.
     
    It also pointed out that the court stated in its reasons for sentence that at the time of the offence, the three defendants were not engaging themselves in genuine journalistic work but were participating in the so-called protest at the time.
     
    From the editorial of Stand News and News Stand, it is evident that they sided with the protesters against the Government. The crimes committed by the three defendants are very serious, it emphasised.
     
    The reasons for sentence also pointed out that, given Stand News had approximately 1.6 million followers, the seditious articles involved have undoubtedly caused significant harm to both the central government and Hong Kong SAR Government as well as the residents, although it is difficult to quantify, the statement noted.
     
    It added that the reasons for sentence indicated that, due to the severity of the offences, imprisonment is the only appropriate sentencing option.
     
    Regarding the length of the sentence, the maximum penalty is two years’ imprisonment.
     
    The Hong Kong SAR Government noted that this maximum penalty is completely disproportionate to the severity of the offences.
     
    According to the existing Safeguarding National Security Ordinance, the maximum penalty for the crime of sedition is seven years’ imprisonment.
     
    Based on Chung Pui-kuen’s culpability, a starting point of 23 months’ imprisonment was adopted, and a sentence of 21 months was passed.
     
    For Lam Siu-tung, a starting point of 14 months’ imprisonment was adopted but due to the potential risk to his life if sent to prison, a sentence was imposed that allows for his immediate release.
     
    The statement revealed that following the verdict in this case, some people have expressed concerns about freedom of the press and speech in Hong Kong.
     
    It added that some foreign media or other people with ulterior motives, as well as anti-China organisations and anti-China politicians, made untruthful and purely political remarks smearing the Hong Kong SAR.
     
    The Hong Kong SAR Government made it clear that it has made clarifications and rebuttals many times to set the record straight.
     
    It indicated that, as demonstrated in the court’s reasons for its verdict, Stand News completely disregarded objective facts and contravened the “special duties and responsibilities” which journalists must observe under international human rights conventions.
     
    It also mentioned that the Basic Law and the Hong Kong Bill of Rights guarantee fundamental rights such as the freedom of expression, peaceful assembly, procession and demonstration.
     
    Members of the public, including journalists, in Hong Kong are, as always, free to make comments or criticisms that are based on facts, and to enjoy and exercise freedoms of the press and of speech in accordance with the law, without fear of unwittingly violating the law.
     
    In addition, the statement indicated that it is the constitutional duty of the Hong Kong SAR to safeguard national security.
     
    In this regard, the Hong Kong SAR Government will ensure that laws are observed and continue to enforce the law resolutely, decisively and rigorously with a view to effectively preventing, suppressing and imposing punishment for acts and activities endangering national security with all-out efforts.

    MIL OSI Asia Pacific News –

  • MIL-OSI USA: Statement from President Joe  Biden on U.S. Support for  Ukraine

    US Senate News:

    Source: The White House
    I am proud to welcome President Zelenskyy back to the White House today. For nearly three years, the United States has rallied the world to stand with the people of Ukraine as they defend their freedom from Russian aggression, and it has been a top priority of my Administration to provide Ukraine with the support it needs to prevail. In that time, Ukraine has won the battle of Kyiv, reclaimed more than half the territory that Russia seized at the start of the war, and safeguarded its sovereignty and independence. But there is more work to do. That is why, today, I am announcing a surge in security assistance for Ukraine and a series of additional actions to help Ukraine win this war. 
    Today, I am announcing that: 
    I have directed the Department of Defense to allocate all of its remaining security assistance funding that has been appropriated for Ukraine by the end of my term in office. As part of this effort, the Department of Defense will allocate the remaining Ukraine Security Assistance Initiative funds by the end of this year. I also have authorized $5.5 billion in Presidential Drawdown Authority to ensure this authority does not expire, so that my Administration can fully utilize the funding appropriated by Congress to support the drawdown of U.S. equipment for Ukraine and then replenish U.S. stockpiles.
    The Department of Defense is announcing $2.4 billion in security assistance through the Ukraine Security Assistance Initiative, which will provide Ukraine with additional air defense, Unmanned Aerial Systems, and air-to-ground munitions, as well as strengthen Ukraine’s defense industrial base and support its maintenance and sustainment requirements.
    To enhance Ukraine’s long-range strike capabilities, I have decided to provide Ukraine with the Joint Standoff Weapon (JSOW) long-range munition.
    To further strengthen Ukraine’s air defenses, I have directed the Department of Defense to refurbish and provide Ukraine with an additional Patriot air defense battery and to provide Ukraine with additional Patriot missiles. This builds on my decision earlier this year to divert U.S. air defense exports to Ukraine, which will provide Ukraine with hundreds of additional Patriot and AMRAAM missiles over the next year and will help Ukraine defend its cities and its people. 
    To build the capacity of Ukraine’s air force, I have directed the Department of Defense to expand training for Ukrainian F-16 pilots, including by supporting the training of an additional 18 pilots next year.
    To counter Russian sanctions evasion and money laundering, the Department of Justice, the Department of the Treasury, and the U.S. Secret Service have taken action today to disrupt a global cryptocurrency network, in coordination with international partners. The United States will continue to raise the costs on Russia for its war in Ukraine and to deprive the Russian defense industrial base of resources.
    I will convene a leader-level meeting of the Ukraine Defense Contact Group in Germany next month to coordinate the efforts of the more than 50 countries supporting Ukraine in its defense against Russian aggression.
    Through these actions, my message is clear: The United States will provide Ukraine with the support it needs to win this war. 

    MIL OSI USA News –

  • MIL-OSI Security: Former SBA Employee Convicted Of Conspiracy, Bribery, And Wire Fraud

    Source: United States Department of Justice (National Center for Disaster Fraud)

    Orlando, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Angela Chew (60, Leesburg) guilty of conspiracy to bribe a public official and commit wire fraud, three counts of bribery of a public official, and six counts of wire fraud. Chew faces up to 5 years in federal prison on the conspiracy count, up to 15 years in federal prison on each of the bribery counts, and up to 20 years in federal prison on each of the wire fraud counts. Her sentencing hearing is scheduled for December 18, 2024.

    According to evidence presented at trial, Chew conspired with three others to submit applications for COVID-19 Economic Injury Disaster Loans (EIDLs) containing false and fraudulent information in exchange for bribe payments. The evidence showed that Chew used her position as a loan specialist for the Small Business Administration (SBA) to internally access those loan applications that she and a co-conspirator had submitted on behalf of others. Chew then took actions on the applications within the SBA’s internal processing system that moved the loans towards approval. For example, Chew submitted a loan on behalf of a co-conspirator’s business that she knew was not active or operating at the time she submitted the loan. The loan was flagged as a duplicate by the SBA’s internal system, which stopped the application from progressing toward approval and funding. Chew then entered the SBA’s loan processing system, accessed the loan application, reactivated it, and manipulated the loan’s status multiple times in order to progress the application toward approval and funding in the amount of $150,000. In exchange, Chew received thousands of dollars in bribe payments from two of her co-conspirators. The evidence showed that Chew caused the funding of at least six EIDL applications, for a total loss of over $800,000.

    “This conviction underscores our commitment to holding all wrongdoers accountable, including those in positions of public trust like this former SBA employee,” said Inspector General Hannibal “Mike” Ware. “These crimes are far from victimless, as they financially harm taxpayers and erode public trust in SBA programs. I want to extend my gratitude to the U.S. Attorney’s Office and our law enforcement partners for their unwavering commitment to safeguarding the integrity of federal relief programs and ensuring that the system works for those it was designed to help.”          

    This case was investigated by the U.S. Small Business Administration, Office of Inspector General, the United States Secret Service, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Amanda Daniels and Diane Hu.

    MIL Security OSI –

  • MIL-OSI USA: FACT SHEET: President  Biden and Vice President Harris Announce Additional Actions to Reduce Gun Violence and Save  Lives

    US Senate News:

    Source: The White House
    New Executive Order Directs Federal Agencies to Combat Emerging Firearms Threats andImprove School-Based Active Shooter Drills
    Today, President Biden and Vice President Harris are announcing a new Executive Order directing federal agencies to improve school-based active shooter drills and combat the emerging threats of machinegun conversion devices and unserialized, 3D-printed firearms, as well as additional executive actions that advance the Biden-Harris Administration’s agenda to reduce gun violence and save lives.
    After the prior Administration oversaw the largest one-year increase in murders ever recorded, President Biden and Vice President Harris took action from the start of their Administration to reduce violent crime. The President and the Vice President helped deliver over $15 billion in funding through the American Rescue Plan for law enforcement, community violence interventions, and other public safety strategies. By the middle of 2022, the Biden-Harris Administration had already announced more executive actions to reduce gun violence than any other administration. Then, on June 25, 2022, President Biden signed into law the Bipartisan Safer Communities Act, the most significant gun violence prevention law in nearly 30 years. On September 22, 2023, to help drive further progress, President Biden established the first-ever White House Office of Gun Violence Prevention, overseen by Vice President Harris.
    Under the leadership of President Biden and Vice President Harris, in 2023 the United States experienced the single largest homicide rate drop in recent history. The reduction in homicide has accelerated this year. Data submitted to the Department of Justice shows that the homicide rate dropped another 17 percent from January through June 2024, compared to the same time period in 2023. Data from the Gun Violence Archive indicates that the number of mass shootings so far this year is 20 percent lower than it was at this time last year.
    Today, as we mark one year since the establishment of the Office, President Biden and Vice President Harris are announcing additional meaningful actions to reduce gun violence and save lives. This announcement builds on the numerous additional life-saving actions the Biden-Harris Administration has taken, as detailed in the Office’s Year One Progress Report.
    President Biden is signing an Executive Order to accelerate progress on two key priorities: combating emerging firearms threats and improving school-based active shooter drills.
    Combatting Emerging Firearms Threats: In April 2021, one of the Biden-Harris Administration’s first executive actions to reduce gun violence was to address the emerging threat of firearms without serial numbers, often referred to as “ghost guns.” To expand these efforts, ATF established an Emerging Threats Center. This Center focuses ATF’s resources on identifying developments in illicit firearm marketplaces, including the use of new technologies to make and unlawfully distribute undetectable firearms and devices that convert semi-automatic firearms into illegal machineguns.
    Now, President Biden and Vice President Harris are taking additional action on two emerging firearms threats: machinegun conversion devices and unserialized, 3D-printed firearms.
    Machinegun conversion devices enable semi-automatic firearms, including easily concealable handguns, to match or exceed the rate of fire of many military machineguns with a single engagement of the trigger—up to 20 bullets in one second. From 2017 through 2021, ATF recovered 5,454 of these devices, a 570 percent increase over the previous five-year period. Machinegun conversion devices are illegal to possess under federal law, but we continue to see these devices show up at crime scenes because they are small, cheap, and easy to install. Machinegun conversion devices are often illegally imported or illegally made on a 3D printer from computer code found online. The 3D-printing of a machinegun conversion device costs as little as 40 cents and takes fewer than 30 minutes.
    Unserialized, 3D-printed firearms can be used for illegal purposes such as gun trafficking, unlawful possession by people convicted of felonies or subject to domestic violence restraining orders, or unlawfully engaging in the business of manufacturing or selling firearms. These firearms can be 3D-printed from computer code downloaded from the Internet and produced without serial numbers that law enforcement use to trace firearms recovered in criminal investigations. Some 3D-printed firearms can be made to be undetectable by magnetometers used to secure airports, courthouses, and event spaces, even though these undetectable firearms are illegal to make, sell, or possess under federal law. As 3D-printing technology continues to develop rapidly, the safety threat posed by 3D-printed firearms may suddenly increase.
    In this Executive Order, President Biden is establishing an Emerging Firearms Threats Task Force, consisting of leadership from key federal departments and agencies. President Biden is directing the Task Force to issue a report within 90 days that includes: an assessment of the threat posed by machinegun conversion devices and unserialized, 3D-printed firearms; an assessment of federal agencies’ operational and legal capacities to detect, intercept, and seize machinegun conversion devices and unserialized, 3D-printed firearms; and an interagency plan for combatting these emerging threats. The report will include any additional authorities or funding the federal agencies need from Congress in order to complete this work.
    Improving School-Based Active Shooter Drills: The Biden-Harris Administration is committed to preventing gun violence in schools, including by keeping guns out of the hands of potential school shooters and investing more resources in school safety and violence prevention. The majority of schools are currently using drills to prepare for an active shooter situation. Despite the ubiquity of these drills, there is very limited research on how to design and deploy these drills to maximize their effectiveness and limit any collateral harms they might cause. Many parents, students, and educators have expressed concerns about the trauma caused by some approaches to these drills. Federal agencies need to help schools improve drills so they can more effectively prepare for an active shooter situation while also preventing or minimizing any trauma.
    In the Executive Order, President Biden is directing the Secretary of Education and the Secretary of Homeland Security, in coordination with the Attorney General, the Secretary of Health and Human Services, and the U.S. Surgeon General, to develop and publish, within 110 days, information for K-12 schools and institutions of higher education regarding school-based active shooter drills. The information will include a summary of: existing research on active shooter drills and resources for school districts and institutions of higher education on how to create, implement, and evaluate evidence-informed active shooter drills; how to conduct effective and age- and developmentally-appropriate drills; how best to communicate with students, families, and educators about these drills; how to prevent students and educators from experiencing trauma or psychological distress associated with these drills; and how best to serve people with disabilities and those with language-related needs, including by ensuring compliance with federal civil rights laws, when designing and implementing school-based active shooter drills.
    In addition to the Executive Order, federal departments and agencies are taking the following actions:
    Promoting Safe Gun Storage and Red Flag Laws
    Encouraging Safe Storage of Firearms: Today, the Department of Education is providing schools, school boards, and policymakers with a new tool to promote safe gun storage in their communities. Following up on its initial safe storage actions, the Department of Education is publishing an interactive website that highlights examples of state, community, and school district actions across the nation that promote safe gun storage within school communities. The website includes a map with state safe storage laws, examples of how schools are communicating with parents about safe storage, and examples of local policies on safe storage education. This new resource builds on guidance the Department published earlier this year to highlight physical safety measures schools can pursue to help keep students safe in the event of gun violence in schools.
    Clarifying Medicaid Reimbursement for Counseling on Firearm Safety: Health systems, hospitals, and healthcare workers are an essential component of a healthy gun violence prevention and intervention system. By the end of October, the Centers for Medicare and Medicaid Services (CMS) will announce that states may choose to use Medicaid to pay a health care provider for counseling parents and caregivers on firearm safety and injury prevention. This announcement will build off the coverage that Medicaid provides for “anticipatory guidance,” which is health education and counseling to help parents and caregivers understand and improve the health and development of their children. For example, Bright Futures/American Academy of Pediatrics’ guidelines include firearm safety guidance, such as safe storage guidance, as recommended anticipatory guidance for pediatricians to provide to parents.
    Implementing State Red Flag Laws: The Department of Justice is announcing over $135 million in formula awards to 48 states under the Byrne State Crisis Intervention Program (Byrne SCIP), which provides funding for the implementation of extreme risk protection order, or “red flag”, programs, state crisis intervention court proceedings, and related programs/initiatives. The implementation of state red flag laws is supported by the National Extreme Risk Protection Resource Center.
    Funding Community Violence Intervention
    Funding Community Violence Interventions: In furtherance of the Biden-Harris Administration’s strategy to invest in community violence interventions as a proven solution to prevent gun violence, the Department of Justice is announcing an additional $85 million in funding through the Community Violence Intervention and Prevention Initiative (CVIPI). This funding will help 30 agencies and organizations develop and expand their community violence intervention work, including hospital-based violence intervention, street outreach, and cognitive behavioral therapy. These strategies are essential complements to law enforcement and this investment is part of the $400 million in total funding that the Biden-Harris Administration has secured for CVIPI. CVIPI is only one part of how the Administration funds community violence interventions. This fact sheet lists the full range of federal resources available to address community violence.
    Clarifying Medicaid Reimbursement for Violence Intervention: CMS previously clarified that states may authorize health care providers to be reimbursed by Medicaid for violence intervention programs. In October, CMS expects to proactively raise this clarification with states. CMS will also explore how best to convene state governments and healthcare providers on incorporating Medicaid benefits into violence prevention programs.
    Improving the Gun Background Check System
    Facilitating Enhanced Background Checks for Individuals Under Age 21: The Bipartisan Safer Communities Act (BSCA) established enhanced background checks for individuals under age 21 trying to purchase a firearm. These enhanced checks have already stopped over 900 transactions, keeping guns out of the hands of dangerous individuals. But a number of states across the country have privacy laws that prevent state officials from fully responding to enhanced background check inquiries. The Biden-Harris Administration’s Safer States Agenda made fixing this issue a top priority for states, and Connecticut, Vermont, Nevada, Texas, and Kentucky have all recently made necessary changes. Today, the Department of Justice is issuing model legislation that additional states may use to inform their own legislation and allow a carve-out to share juvenile records solely for the purpose of enhanced background checks. In addition, the Justice Department is releasing information on whether state laws permit information-sharing with regard to juvenile records for the purposes of enhanced background checks.
    Maximizing the Enhanced Background Check with Red Flag Laws: Part of the enhanced background check requires requesting records from state and local law enforcement and mental health repositories about potential purchasers under 21.  In these and other circumstances, if a person shows clear signs of being in crisis and a danger to themselves or others, they may qualify for consideration under applicable red flag laws which would generally result in that person being ineligible to possess or receive firearms.  By October 22, the Extreme Risk Protection Order (ERPO) National Resource Center will provide training to state and local law enforcement on the ERPO process, including how it intersects with individuals under 21.
    Improving the Federal Gun Background Check System: BSCA’s enhanced background checks for gun purchasers under age 21 and the law’s narrowing of the “boyfriend loophole,” along with the expanding number of states with red flag laws, are placing new challenges on state and local agencies attempting to ascertain what records they need to send to the federal gun background check system. To address these challenges, there needs to be system-wide improvements and a new era of collaboration among various entities engaging with the federal gun background check system. By December 15, the Department of Justice’s Office of Justice Programs will have evaluated the existing grant programs that support improvements to the gun background check system and make any changes needed to support states looking to improve their records systems, which may include lengthening the duration of grants where appropriate. 
    Expanding Data on Gun Violence and Gun Trafficking
    Publishing Additional Data on Ghost Gun Trends and Firearms Trafficking: This winter, ATF will publish the fourth volume of its National Firearms Commerce and Trafficking Assessment. This volume will provide an update on ghost gun trends and trafficking investigations, as well as expanded information on machinegun conversion device recoveries.
    Expanding Collection of Gun Violence Data: There is a lack of reliable and timely data on gun deaths and gunshot injuries that show what is happening nationwide and in individual communities. This data is critical to focusing investment and enforcement efforts. Today, the FBI is announcing that it will collect additional detail in its data collection for gunshot injury wounds in the National Incident-Based Reporting System (NIBRS) by June 2025. The FBI will implement a new injury code to reflect a gunshot wound in the NIBRS victim segment. NIBRS will also enable law enforcement agencies to submit additional detail as to how firearms were used in specific crimes, and the nature of the crime at issue.
    Improving Data on Gunshot Injuries: The Centers for Disease Control and Prevention (CDC) is improving a data visualization tool to present gun death and injury data faster and at a more local level. Using data from vital statistics and emergency rooms at the local level can help inform prevention strategies and evaluate the effectiveness of programs.
    Supporting Survivors of Gun Violence
    Addressing the Trauma Resulting from Gun Violence: This fall, the federal Substance Abuse and Mental Health Services Administration (SAMHSA) will take additional action to support individuals dealing with the trauma that results from gun violence. SAMHSA will release:
    Best practices for local offices of violence prevention to use in addressing trauma resulting from gun violence;A tip sheet for individuals affected by gun violence who may be seeking more information on the behavioral health impacts of gun violence and how to seek help;A report on lessons learned from the federal ReCAST grant program to uplift the voices of communities impacted by violence as well as share strategies other communities can implement to promote healing, recovery, and resiliency; and
    A toolkit for faith-based leaders, educators, and other leaders to help communities affected by the trauma resulting from gun violence.

    Destroying Crime Guns
    Ensuring Appropriate Disposition of Firearms Seized by Law Enforcement: Firearms or firearm parts that were presumed to be destroyed by law enforcement have begun showing up in crimes. Sometimes the guns recovered by law enforcement are sent to a third-party that only partially destroys them. By October 30, the Department of Justice will refresh and clarify best practices for federal law enforcement disposition of seized firearms, including when working in partnership with state and local law enforcement. The Department of Justice will also release a plan to offer new training and education for state and local partners on safe and appropriate firearm disposition.
    Preventing Firearm Suicide
    Facilitating Voluntary Out-of-Home Storage to Prevent Firearm Suicide: Voluntary out-of-home storage of firearms is an effective tactic to saves lives by creating time and space between a person in crisis and a firearm. A number of states, including Colorado, Louisiana, Maryland, North Carolina, and Wisconsin, have developed gun storage maps to show different locations where a gun owner can voluntarily store their firearms. A federally funded program has developed model guidelines, contracts, and standard operating procedures for businesses interested in providing this option. Today, the Department of Veterans Affairs and SAMHSA are using their network of teams committed to preventing Veteran suicide—known as the Governor’s Challenge to Prevent Suicide Among Service Members, Veterans, and Families—to encourage states to convene federally licensed gun dealers around offering out-of-home storage to our Nation’s heroes and their families.
    Congress must act. While the Biden-Harris Administration’s gun violence prevention actions are saving lives, there is much more to do. President Biden and Vice President Harris continue to call on Congress to enact commonsense gun safety legislation—from a ban on assault weapons and bump stocks to universal background checks to a repeal of gun manufacturers’ immunity from liability—and to enact federal safe storage and red flag laws and fully fund community violence intervention programs and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

    MIL OSI USA News –

  • MIL-OSI USA: Maryland Woman Sentenced for Conspiring to Destroy the Baltimore Region Power Grid

    Source: US State of North Dakota

    Sarah Beth Clendaniel, 36, of Catonsville, Maryland, was sentenced today to 18 years in prison and a lifetime of supervised release for conspiring to damage or destroy electrical facilities in Maryland and a concurrent sentence of 15 years in prison and three years of supervised release for being a felon in possession of a firearm.

    “Those who seek to attack our country’s critical infrastructure will face the full force of the U.S. Department of Justice,” said Attorney General Merrick B. Garland. “Sarah Beth Clendaniel sought to ‘completely destroy’ the city of Baltimore by targeting five power substations as a means of furthering her violent white supremacist ideology. She will now spend the next 18 years in federal prison. The Justice Department will continue to aggressively counter, disrupt, and prosecute those who seek to launch these kinds of hate-fueled attacks that target our critical infrastructure, endanger entire cities, and threaten our national security.” 

    “The defendant plotted to disable the power grid around the entire Baltimore region and cause harm to thousands of people in pursuit of a racially motivated violent extremist agenda,” said FBI Director Christopher Wray. “Her plan failed thanks to the great work of the FBI and our law enforcement partners. Today’s sentencing should serve as a warning to others that you will be held accountable if you attempt to carry out violent attacks on our infrastructure or threaten the safety of those in our communities.”

    “Such cowardice, designed to disrupt and endanger the lives of Maryland’s citizens, will not be tolerated,” said U.S. Attorney Erek L. Barron for the District of Maryland. “My office remains committed to protecting the security and well-being of the community by prosecuting such conduct to the full extent of the law.”

    According to her plea agreement and other court documents, in 2018, Clendaniel became acquainted with Brandon C. Russell, a Florida resident, who is currently charged with conspiracy to damage or destroy electrical facilities in Maryland and is awaiting trial. Clendaniel and Russell espouse a white supremacist ideology and advocate a concept known as “accelerationism.” To “accelerate” or to support “accelerationism” is based on a white supremacist belief that the current system is irreparable and without an apparent political solution, and therefore violent action is necessary to precipitate societal and government collapse.

    According to court documents, from at least December 2022 through February 2023, Clendaniel conspired with Russell to damage energy facilities involved in the transmission and distribution of electricity and to cause a significant interruption and impairment of the Baltimore regional power grid. The intended monetary loss associated with the planned attacks would have exceeded $75 million.

    As set forth in her plea agreement, Clendaniel admitted that she communicated and planned over encrypted communication applications (ECA) to carry out attacks against energy facilities. Russell and Clendaniel communicated their plans to commit an attack on the Baltimore region power grid to a confidential human source (CHS-1).

    Their plans began to coalesce on Jan. 12, 2023, when CHS-1 and Russell discussed the planned substation attack in Maryland with a goal of working with Clendaniel to “maximize impact” and “to coordinate to get multiple [substations] at the same time.” Later that same day, Clendaniel, using the moniker “Nythra88,” sent a message to CHS-1 on ECA confirming her support of the attack.

    In the ensuing conversation, which continued through Jan. 14, 2023, Clendaniel told CHS-1 that she lived near Baltimore. She also stated that she was a felon, and had previously, but unsuccessfully, attempted to obtain a rifle. She asked CHS-1 to purchase a rifle for her, stating that she wanted to “accomplish something worthwhile” and that she wanted the rifle “within the next couple of weeks” to “accomplish as much as possible before June, at the latest.” On Jan. 18, 2023, on ECA, Clendaniel told CHS-1 that she had identified a few potential locations to target in her attack. CHS-1 stated that CHS-1 would have to be the “driver” and Clendaniel would have to be the “shooter” in the attack. Clendaniel confirmed that she was “determined to do this” and stated she would have done something earlier on her own if she had not lost her rifle “a few months ago.” The conversation continued with CHS-1 and Clendaniel discussing the specifics of the desired rifle and agreeing that Clendaniel would send CHS-1 a “wish list,” which she did the following day.

    At various times from Jan. 21, 2023, through Jan. 29, 2023, CHS-1 exchanged encrypted messages, separately with Clendaniel and with Russell, in which they discussed in detail the rifle and specific firearms accessories that Clendaniel wanted and potential targets for their attack.

    On Jan. 29, 2023, Clendaniel told CHS-1 that the five substations she planned to target included “Norrisville, Reisterstown, and Perry Hall.” Clendaniel described how there was a “ring” around Baltimore and if they hit a number of them all in the same day, they “would completely destroy this whole city.” She added that they needed to “destroy those cores, not just leak the oil . . . ” and that a “good four or five shots through the center of them . . . should make that happen.” Further, she stated that: “[i]t would probably permanently completely lay this city to waste if we could do that successfully.” When CHS-1 asked if it would accomplish a “cascading failure,” Clendaniel replied, “[y]es . . . probably” and that the attack targets are all “major ones.” Clendaniel also said that the most difficult target that they would have to do together has “fire walls on three sides.”

    During that conversation, Clendaniel sent CHS-1 five links to the “Open Infrastructure Map” which showed the locations of five specific Baltimore, Gas and Electric (BGE) electrical substations in Maryland. BGE is an energy company that utilizes substations, like the five targeted sites, to produce, convert, transform, regulate and distribute energy. Three of the five substations were located near the towns of Norrisville, Reisterstown, and Perry Hall. The remaining two substations were in the vicinity of Baltimore City. Each location is a BGE substation with significant infrastructure.

    On or about Jan. 31, 2023, Russell discussed with CHS-1 the attack of the targeted substations on ECA, including how to “make sure it’s done right,” how “it has been studied,” and how to make it “cascading” so as to maximize damage. Russell and Clendaniel believed that attacking these five electrical substations in the greater Baltimore area would serve accelerationism.

    On Feb. 3, 2023, law enforcement agents executed a search warrant at Clendaniel’s residence in Catonsville, Maryland. During the search, law enforcement agents recovered from Clendaniel’s bedroom various firearms and hundreds of rounds of ammunition. Federal law prohibits Clendaniel from possessing these items because she is a convicted felon, including convictions in Cecil County, Maryland, for robbery in 2006 and robbery and attempted robbery in 2016.

    The FBI investigated the case.

    Assistant U.S. Attorneys Kathleen O. Gavin and Michael Aubin for the District of Maryland prosecuted the case with valuable assistance from the National Security Division’s Counterterrorism Section.

    The U.S. Attorney’s Office for the District of Maryland is a partner in the Justice Department’s United Against Hate community outreach program. The United Against Hate initiative seeks to directly connect federal, state, and local law enforcement with traditionally marginalized communities in order to build trust and encourage the reporting of hate crimes and hate incidents. Attorney General Garland announced the nationwide launch of the initiative and its expansion to all 94 U.S. Attorneys’ Offices.

    MIL OSI USA News –

  • MIL-OSI USA: Former Nurse Sentenced for Tampering with Oxycodone

    Source: US Department of Health and Human Services – 3

    Department of Justice
    U.S. Attorney’s Office
    District of Massachusetts 

    FOR IMMEDIATE RELEASE
    Wednesday, September 18, 2024

    BOSTON – A former nurse was sentenced yesterday for tampering with liquid oxycodone syringes at a local rehabilitation center.

    Jaclyn McQueen, 44, of Dedham, was sentenced by U.S. District Court Judge Julia E. Kobick to three years of probation. In January 2024, McQueen pleaded guilty to one count of tampering with a consumer product. McQueen was charged by Information on Dec. 7, 2023.

    From approximately February through May 2020, McQueen worked as a registered nurse at a rehabilitation center in Dedham that provided long-term chronic and post-acute care to patients. In her capacity as a nurse, McQueen had access to oxycodone, a Schedule II narcotic, prescribed to patients at the rehabilitation center.  During her work shifts, McQueen removed liquid oxycodone from syringes intended for use by patients, consumed the oxycodone herself and refilled the syringes with water to avoid detection. McQueen returned the diluted syringes to the medication carts where they could have been administered to patients.  

    Acting United States Attorney Joshua S. Levy; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; and Robert H. Goldstein, MD, PhD, Commissioner of the Massachusetts Department of Public Health made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence, Chief of the Health Care Fraud Unit, prosecuted the case.
     

    MIL OSI USA News –

  • MIL-OSI USA: Mississippi Seafood Distributor and Managers Plead Guilty to Conspiracy and Misbranding of Seafood

    Source: US Department of Health and Human Services – 3

    Department of Justice
    Office of Public Affairs

    FOR IMMEDIATE RELEASE
    Tuesday, August 27, 2024

    Company Agrees to Pay More than $1.1M in Criminal Penalties

    A Mississippi seafood distributor and two company managers pleaded guilty today to conspiring with others to mislabel seafood and to commit wire fraud by marketing inexpensive and frozen imported substitutes as more expensive and premium local species. 

    Quality Poultry and Seafood Inc. (QPS), the largest seafood wholesaler on the Mississippi Gulf Coast, has agreed to pay the United States $1 million in forfeitures and a criminal fine of $150,000. QPS sales manager Todd A. Rosetti and business manager James W. Gunkel, both of Ocean Springs, Mississippi, also pleaded guilty to misbranding seafood to facilitate QPS’ fraud. 

    QPS admitted to participating in this fish substitution scheme from as early as 2002 and continuing through November 2019. The indictment alleges that QPS recommended and sold to its restaurant customers foreign-sourced fish that could serve as convincing substitutes for the local species the restaurants advertised on their menus. QPS also labeled the cheap imports that it sold to customers at its own retail shop and café as premium local fish.

    “QPS and company officials went to great lengths in conspiring with others to perpetuate fraud for more than a decade, even after they knew they were under federal investigation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Mislabeling seafood harms local wholesalers and fishermen who compete to sell locally sourced, premium fish in a market unfairly flooded with less expensive fish, frozen and imported from overseas.”

    “When imported substitutes are marketed as local domestic seafood, it depresses the value of authentic Gulf Coast seafood, which means that honest local fishermen and wholesalers have a harder time making a profit,” said U.S. Attorney Todd W. Gee for the Southern District of Mississippi. “This kind of mislabeling fraud hurts the overall local seafood market and rips off restaurant customers who were paying extra to eat a premium local product. These convictions should serve as a warning: restaurants and wholesalers will face criminal prosecution if they are not honest with customers about what they are actually buying.”

    “U.S. consumers expect their seafood to be correctly identified. When sellers purposefully substitute one fish species for another, they deceive consumers and cause potential food safety hazards to be overlooked or misidentified by processors or end users,” said Special Agent in Charge Justin Fielder of the Food and Drug Administration (FDA)’s Office of Criminal Investigations, Miami Field Office. “We will continue to investigate and bring to justice those who put profits above public health.”

    The indictment alleges that even after agents from the FDA executed a criminal search warrant at QPS to investigate its sale of mislabeled fish, QPS continued for over a year to sell frozen fish imported from Africa, South America and India for use as substitutes for local premium species.

    Mary Mahoney’s, which pleaded guilty in May, admitted that between December 2013 and November 2019, it fraudulently sold, as local premium species, approximately 58,750 pounds (over 29 tons) of fish that was not the species identified on its menu. QPS supplied seafood to Mary Mahoney’s and many other restaurant restaurants and retailers.

    QPS, Rosetti and Gunkel will be sentenced on Dec. 11. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    FDA’s Office of Criminal Investigations is investigating the case.

    Senior Trial Attorney Jeremy F. Korzenik of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Andrea Jones for the Southern District of Mississippi are prosecuting the case.

    MIL OSI USA News –

  • MIL-OSI USA: California Man Pleads Guilty to Selling Illegal Depressant Etizolam Over the Internet

    Source: US Department of Health and Human Services – 3

    Department of Justice
    U.S. Attorney’s Office
    District of Massachusetts 

    FOR IMMEDIATE RELEASE
    Thursday, August 29, 2024

    BOSTON – A California man pleaded guilty today for conspiracy to sell the illegal depressant Etizolam over the internet.

    Paul Z. Lamberty, 52, of Folsom, Calif., pleaded guilty to one count of conspiracy to defraud the United States and one count of the introduction of misbranded drugs with the intent to defraud and mislead. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Dec. 13, 2024. 

    Lamberty operated websites Encern.com and Ohmod.com and used those sites to sell the drug etizolam to customers throughout the United States, including Massachusetts. Payments for etizolam through those websites could only be made through cryptocurrency and it would be shipped to customers through U.S. Priority Mail.  Encern.com has no corporate records in the State of California and the Encern.com website did not provide a physical address for the business. The Food and Drug Administration (FDA) has not approved etizolam for use as a drug, and thus it cannot be sold or prescribed in the United States. Despite this, Lamberty purchased drugs from suppliers in China and imported those drugs into the United States and sold the drugs with false labelling stating that the products were sold “For Research Purposes Only” and “Not for Human Consumption.” Based on an analysis of bank and cryptocurrency records, Lamberty and his co-conspirator conducted gross sales of over $550,000 of etizolam through the internet during the course of the conspiracy. 

    According to the charging document, etizolam is a drug known as a thienodiazepine, a class of drugs chemically related to benzodiazepines, which produce central nervous system depression. Physicians may prescribe FDA-approved benzodiazepines to treat insomnia and anxiety, but benzodiazepines and thienodiazepines also carry risks of dependency, toxicity, and even fatal overdose, particularly when combined with other central nervous system depressants.

    The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of introduction of misbranded drugs with the intent to defraud and mislead provides for a sentence up to three years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes that govern the determination of a sentence in a criminal case.

    Acting United States Attorney Joshua S. Levy; Fernando P. McMillan, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration, Office of Criminal Investigations; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division. Assistant U.S. Attorneys Jared C. Dolan and Lauren A. Graber of the Criminal Division are prosecuting the case.

    MIL OSI USA News –