NewzIntel.com

Category: Justice

  • MIL-OSI Security: Nine Quad Cities Men Sentenced to Federal Prison in Violent RICO Conspiracy

    Source: Office of United States Attorneys

    DAVENPORT, Iowa – Nine Quad Cities men, Don Christopher White, Jr., Raheem Jacques Houston, Deaguise Ramont Hall, Michael Linn Cross, Devell Carl Lewis, Lashawn D James Hensley, Simmeon Terrell Hall, Devante Atwell French, and Cortez Deangelo Cooper, Jr., were sentenced to federal prison for their roles in a racketeering conspiracy, which engaged in a years-long pattern of violence, including murder, attempted murder, and drug trafficking.

    According to public court documents and evidence presented at trials and sentencings, these Fifth Street gang members, also known as the “Arsenal Courts Posse,” “Zone Fifth,” “Fifth Street Mafia,” “Rock Town Money Getters (RTMG),” and “Money Team,” were members and associates of a coordinated violent criminal enterprise based out of Rock Island, Illinois, but engaged in racketeering activity in Davenport and Rock Island, whose purpose was to distribute controlled substances, obtain money and shoot at rival gang members, specifically the 12th Street, Savage Life, and Boom Gang street gangs. Evidence at trial demonstrated the criminal enterprise was connected to dozens of shooting investigations and at least seven homicides over the course of two decades. Some of the activity connected to this enterprise included the following incidents:

    • On August 6, 2006, Andrell Hearn was shot and killed in Rock Island.
    • On August 19, 2006, White and other Fifth Street associates drove by an outdoor family gathering in Davenport where 12th Street members were present and discharged firearms into the group resulting in the death of Vincelina Howard.
    • On August 6, 2011, a shooting outside the Mississippi Valley Fairgrounds involving Fifth Street members and members of a rival Davenport group.
    • On September 5, 2012, French and another Fifth Street associate fired shots at a rival gang member in Davenport.
    • On March 31, 2013, several members of a rival Davenport gang were standing in front of the Chorus Line when Fifth Street member Demarko Williams walked into the parking lot and fired multiple shots at the group. In January 2014, Demarko Williams was sentenced to a 100-month federal prison sentence for possessing a firearm as a felon.
    • On September 2, 2015, Fifth Street associate Juwan Johnson shot and killed Lewis Woodson, a rival gang member, in Davenport.
    • On January 3, 2020, officers responded to a shots-fired incident in or near the Davenport parking lot of the Quad City Times building and seized a large number of casings that were later matched to firearms used by Fifth Street members.
    • On May 23, 2020, a dispute over a dice game at a family gathering in Rock Island led to a shootout between Fifth Street associates and others, resulting in the death of Timon Mayfield.
    • Between May 24 and 31, 2020, multiple shootings in the same Rock Island neighborhood where Mayfield was killed left seized casings that were later matched to firearms used by Fifth Street associates.
    • On June 1, 2020, while the City of Davenport was experiencing civil unrest, this criminal enterprise participated in two shootings in Davenport in which they fired in excess of 60 shots and seriously injured two men.
    • Specifically, on June 1, 2020, White, Lewis, Deaguise Hall, Cross, Hensley, and Cooper were present at Necker’s Jewelers to commit a burglary. While there, the group saw a man they had mistaken for a rival gang member. Cooper and others fired 33 rounds from four guns seriously injuring the victim.
    • Just a few hours later, White, Houston, Deaguise Hall, Cross, Hensley, Lewis, and others were in a Davenport alley when a truck occupied by three Davenport police officers entered the alley. Immediately, four Fifth Street associates fired more than 30 rounds at the truck occupied by the officers. Evidence at trial showed Fifth Street members thought the truck was occupied by a rival group. One police officer was struck and injured by the gunfire. One of the officers returned fire. As a result of this exchange, Marquis Tousant died. White, Houston, Deaguise Hall, Cross, Hensley, and Lewis fled the alley shooting in a high-speed car chase through Davenport. They were eventually apprehended. Officers located seven firearms, a large amount of ammunition, large-capacity magazines, including a 50-round drum magazine, face masks, and gloves inside the vehicle. Three of these firearms were later matched to fired casings in the Davenport alley.
    • On December 4, 2021, White and another Fifth Street associate shot at a victim in a vehicle on Middle Road in Davenport.
    • On December 8, 2021, White and another Fifth Street associate were involved in a shooting near the Centennial Bride and River Drive in Davenport. They mistook two men in a vehicle for rivals.
    • On February 25, 2022, White shot a man during a dispute in Moline, Illinois.
    • On March 27, 2022, French shot a victim near the rear door of his residence on Locust Street in Davenport.
    • On April 19, 2022, French shot a victim in the yard of a residence in retaliation for a prior shooting of a Fifth Street associate.

    SENTENCES

    On Wednesday, December 18, 2024, the following defendants were sentenced:

    • Don Christopher White, Jr., 39, was sentenced to 40 years of imprisonment for racketeering conspiracy, and two charges for felon in possession of a firearm, followed by a three-year term of supervised release. White was also ordered to pay $22,784.20 in restitution.
    • Raheem Jacques Houston, 32, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of a firearm, followed by a three -year term of supervised release. Houston was also ordered to pay $16,012.52 in restitution.
    • Deaguise Ramont Hall, 35, was sentenced to 33 years of imprisonment for racketeering conspiracy and for possession with intent to distribute a controlled substance, followed by a three-year term of supervised release. Hall was also ordered to pay $16,012.52 in restitution.
    • Michael Linn Cross, 32, was sentenced to 18 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Cross was also ordered to pay $16,012.52 in restitution.
    • LaShawn D. James Hensley, 32, was sentenced to 12 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Hensley was also ordered to pay $16,012.52 in restitution.

    * * *

    The following defendants were sentenced on December 19, 2024:

    • Devante Atwell French, 31, was sentenced to 30 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.
    • Simmeon Terrell Hall, 36, was sentenced to 30 years of imprisonment for racketeering conspiracy and possession with intent to distribute a controlled substance, followed by a three-year term of supervised release.
    • Devell Carl Lewis, 37, was sentenced to 18 1/2 years of imprisonment for racketeering conspiracy, followed by a three-year term of supervised release. Lewis was also ordered to pay $16,012.52 in restitution.
    • Cortez Deangelo Cooper, Jr., 31, was sentenced to 13 1/2 years of imprisonment for racketeering conspiracy and felon in possession of ammunition, followed by a three-year term of supervised release.

    * * *

    Previously, on July 11, 2024, Brandon Deshane Branigan, 34, was sentenced to 18 years of imprisonment for the same racketeering conspiracy, followed by a three-year term of supervised release.

    There is no parole in the federal system.

    * * *

    “Violent crime against our community and attacks on law enforcement will not be tolerated,” said Davenport Police Chief Jeffery Bladel. “These individuals demonstrated a blatant disregard for the safety of our Quad City community; especially in the case of the 2020 ambush and attempted murder of three of our officers. I’m proud of our department’s unwavering dedication to holding criminals accountable and protecting those who serve. My sincere thanks to the U.S. Attorney’s Office for their steadfast commitment to justice.”

    * * *

    Two defendants have pled guilty and are awaiting sentencing:

    Ricky Lee Childs, Jr., 40, is scheduled to be sentenced on January 23, 2025, for racketeering conspiracy. As part of this investigation, he was also charged with felon in possession of a firearm and sentenced to 110 months of imprisonment in case number 3:22-cr-021. Childs faces a maximum sentence of 20 years of imprisonment.

    Timothy Justin Beaver, 30, is scheduled to be sentenced on February 13, 2025, for racketeering conspiracy and for possession with intent to distribute a controlled substance. Beaver faces a maximum sentence of 40 years of imprisonment.

    A federal district court judge will determine the sentence after considering the United States sentencing guidelines and other statutory factors.

    * * *

    Two defendants are awaiting trial. Kylea Dapri Cartwright, Jr., 28, is charged with racketeering conspiracy and felon in possession of ammunition. One of the racketeering acts alleges that on July 5, 2020, Cartwright shot a victim. Rasheem Damonte Bogan, 33, is charged with racketeering conspiracy and felon in possession of a firearm. One of the racketeering acts alleges that on June 1, 2020, Bogan shot a victim. Both are scheduled for a jury trial beginning Monday, February 10, 2025. They each face a maximum of 30 years of imprisonment.

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

    * * *

    United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Davenport Police Department and the Rock Island Police Department, with assistance from the Scott County Sheriff’s Office, Iowa Department of Public Safety-Division of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Federal Bureau of Investigation, and Drug Enforcement Administration.

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  • MIL-OSI Security: Jury Finds Convicted Killer Guilty of Kidnapping and Racketeering

    Source: Office of United States Attorneys

               WASHINGTON – Christopher Green, 38, of Washington D.C., was found guilty on Wednesday of racketeering and kidnapping, in connection with a series of violent crimes he committed in early 2017.

               The verdict was announced by U.S. Attorney Matthew M. Graves, FBI Assistant Director, Washington Field Office, David Sunberg, Chief Malik Aziz of the Prince Georges Police Department, and Chief Pamela Smith of the Metropolitan Police Department (MPD).

               Following a 12-day re-trial, the jury found Green, 38, aka “Twin,” guilty of RICO conspiracy and VICAR kidnapping. U.S. District Court Judge Randolph D. Moss scheduled sentencing for March 31, 2025. 

               In 2021, Green was found guilty of first-degree murder with aggravating circumstances, assault with a dangerous weapon, and attempted robbery in connection with other offenses committed during the same period.

              According to the government’s evidence, Green was a core member of a criminal organization that operated in the District of Columbia, Prince George’s County, Maryland, and elsewhere, primarily making money through a series of armed robberies. Green’s actions in Southeast Washington on April 9, 2017, led to the death of 25-year-old Zaan Scott. Mr. Scott, a swim coach at the Eastern Market pool, who was on his way home when Green attempted to rob him at gunpoint. Mr. Scott died on May 17, 2017, of a blood clot that the medical examiner determined was a result of the shooting. Green also was found guilty at the initial trial of firing gunshots at another victim on Feb. 23, 2017.

           The kidnapping conviction in the retrial involved an incident on April 8, 2017, in which Green confronted a young man at gunpoint as the man was getting out of his car in a convenience store parking lot.  Green ordered the victim back into the car and robbed him of his ATM card.  He then forced the victim to drive to a nearby apartment complex, where he robbed him of his sneakers and other belongings. 

                Green has been detained since his arrest in April 2017.

               The case was investigated by the FBI’s Washington Field Office, the Metropolitan Police Department, and the Prince George’s County Police Department. It is being prosecuted by Assistant U.S. Attorneys Nihar R. Mohanty and Michael Liebman.

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  • MIL-OSI Security: Nain — Arrest warrant issued for Sonny Merkuratsuk

    Source: Royal Canadian Mounted Police

    An arrest warrant has been issued for 37-year-old Sonny Merkuratsuk who is actively evading police.

    Merkuratsuk is wanted by Nain RCMP in relation to the following charges:

    • Sexual Assault
    • Break and enter
    • Uttering threats
    • Failure to comply with a release order

    Anyone having information on the current location of Sonny Merkuratsuk is asked to contact Nain RCMP at 709-922-2862 or, to remain anonymous, contact Crime Stoppers: #SayItHere 1-800-222-TIPS (8477), visit www.nlcrimestoppers.com or use the P3Tips app.

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  • MIL-OSI Security: Texas ‘Proud Boy’ Sentenced to Prison for Actions During Jan. 6 Capitol Breach

    Source: Office of United States Attorneys

                WASHINGTON – A Texas man was sentenced to prison today after he was previously convicted of felony and misdemeanor offenses 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.

                Jeffrey David Reed, 49, of Rosanky, Texas, was sentenced by U.S. District Chief Judge James E. Boasberg to 30 months in prison, 24 months of supervised release, and ordered to pay a $2,000 in restitution. 

                Reed, a member of the Proud Boys’ Hudson Valley chapter in New York, was previously found guilty of a felony offense of civil disorder and misdemeanor offenses of entering or remaining in a restricted building or grounds, disorderly or 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, Reed, a member of the Proud Boys’ Hudson Valley chapter in New York, participated in the January 6, 2021, events in Washington, D.C., as part of the group’s organized efforts. Specifically, Reed was part of the group who broke through metal bike rack barriers, and snow fencing with “Area Closed” signs, to push through a line of officers at the first breach of the restricted perimeter near the Peace Circle.

                This forced police officers, overrun by the numbers of the crowd, to run back up the Pennsylvania Walkway toward the Capitol and regroup, forming a second police line between rioters and the Capitol. As the crowd advanced, Reed ran up to the front of the mob and reached the next set of barricades, consisting of metal bike racks. Capitol Police had erected these barriers to protect the Capitol and keep the crowd at bay. Reed grabbed one of the bike racks with both hands, lifted it, and moved it aside, clearing a path for thousands of rioters to push forward toward the Capitol building. The overwhelmed police officers, outnumbered by the advancing mob, were forced to retreat on the West Plaza.

                Reed continued onward toward the Capitol, confronting a third police line formed by officers behind a metal railing that was part of the construction for the Inaugural Stage. At this point, still at the front of the crowd, Reed was face to face with officers—yelling and pointing at them. Despite law enforcement’s efforts to hold the line for over an hour, they were ultimately overrun. The mob, emboldened by their numbers, surged forward once again, overpowering the police and advancing onto the Capitol’s West Plaza. During the crowd’s efforts to stop the crowd from gaining access to a critical access point—the Southwest staircase—Reed physically pulled another metal bike rack with both hands, using his body weight to try to yank the bike rack away from a police officer. This struggle ended in an officer falling to the ground. The crowd, including Reed, stormed the Southwest staircase and the Inaugural Stage before breaching the Capitol building itself.

                At approximately 2:26 p.m., Reed entered the Capitol through the Senate Wing Door, stepping over broken glass and into the chaos. Once inside, he made his way to the Speaker’s Lobby, just outside the House Chamber. Reed exited the Capitol approximately 16 minutes later, through the East Rotunda Door, at around 2:49 p.m. Once exiting the Capitol, Reed remained on Capitol grounds in the restricted area on the East front—climbing on top of law enforcement vehicles and ripping up a “Police Lives Matter” flag on the East steps of the Capitol.

                This case was prosecuted by the United States 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 United States Attorney’s Office for the Western District of Texas.

                This case was investigated by the FBI’s San Antonio and Washington Field Offices, as well as the New York Field Office. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

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

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

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  • MIL-OSI Security: Last Defendant in Bank Fraud Conspiracy Sentenced to 44 Months in Prison

    Source: Office of United States Attorneys

    ALBANY, NEW YORK – Evan Cutler, age 25, of Queensbury, New York, was sentenced today to 44 months in prison for his role as a ringleader of a bank fraud conspiracy targeting SEFCU.  United States Attorney Carla B. Freedman and Erin Keegan, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement. 

    According to an indictment returned last year, court records, and statements made by prosecutors in court, between February 2022 and October 2022, Cutler, together with codefendant Allahson Allah, age 54, of Albany, managed a conspiracy targeting SEFCU in which the conspirators obtained customer personal identifying information (PII) and impersonated people to fraudulently obtain cash and credit from SEFCU.  The conspirators also applied for loans at SEFCU in the names of individuals whose identities they had stolen and withdrew the proceeds in cash.  In total, the conspiracy netted the conspirators $88,800, with intended losses of over $100,000.

    Cutler’s sentence concludes the investigation and prosecution of the conspiracy.  Previously, the following coconspirators were sentenced as follows:

    • Allah was sentenced to 57 months in prison followed by 3 years’ post-release supervision, with restitution ordered in the amount of $88,800;
    • Caeshara Cannon, age 36, of Albany, was sentenced to 16 months in prison, followed by 2 years’ post-release supervision, with restitution ordered in the amount of $77,200;
    • Davon Parson, age 20, of Albany, was sentenced to 15 months’ incarceration followed by 2 years’ post-release supervision, with restitution ordered in the amount of $9,000; and
    • Dnauticah Taylor-Sterman, age 22, of Albany, was sentenced to 8 months’ imprisonment followed by 3 years’ post-release supervision, with restitution ordered in the amount of $25,000.

    HSI investigated the case, with assistance from the Bethlehem Police Department.  Assistant United States Attorney Benjamin S. Clark prosecuted this case.

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  • MIL-OSI Europe: Text adopted – 11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov – P10_TA(2024)0072 – Thursday, 19 December 2024 – Strasbourg

    Source: European Parliament

    The European Parliament,

    –  having regard to Rule 150(5) and 136(4) of its Rules of Procedure,

    A.  whereas since February 2014, Crimea has been temporarily occupied by Russia, which illegally annexed it, following an unlawful and internationally unrecognised referendum;

    B.  whereas Crimeans continue to experience severe human rights violations, unlawful conscription to the Russian army, forced passportisation and Russification, arbitrary detentions, often on trumped-up terrorism charges, enforced disappearances, torture, extrajudicial killings, the absence of freedom of opinion, assembly, association and religion;

    C.  whereas the Russian occupying authorities are particularly targeting Crimean Tatars, ethnic Ukrainians and ethnic minorities, and have resettled up to 800 000 Russians, forcibly altering the demographic composition of Crimea along ethnic lines in a neo-colonial manner, which constitutes a war crime under international law;

    D.  whereas there are over 200 Crimean political prisoners in Russian detention facilities, including 133 Crimean Tatars and 67 political prisoners with severe health problems that require assistance;

    E.  whereas Crimean journalist and human rights defender Iryna Danylovych was abducted in 2022, accused of possessing explosives and sentenced to 6 years and 11 months of imprisonment; whereas NGO activist Tofik Abdulhaziiev was arrested in 2019 and sentenced to 12 years in a maximum security prison on trumped-up charges, and since 2023 is being held in a prison some 2 700 km away from Crimea; whereas citizen journalist Amet Suleymanov was sentenced to 12 years of prison in 2021;

    F.  whereas many Crimeans continue to be persecuted, including: Emil Kurbedinov, Server Mustafayev, Emir-Usein Kuku, Lutfiye Zudiyeva, Kulamet Ibraimov, Abdureshit Dzhepparov, Edem Semedlyaev, Rustem Kyamilev, Oleksandr Sizikov, Halyna Dovhopola, Ruslan Abdurakhmanov, Rustem Huhuryk and Lilia Hemedzhy;

    1.  Reiterates its condemnation of the illegal occupation of the Autonomous Republic of Crimea and the city of Sevastopol by Russia;

    2.  Condemns Russia’s continuous targeting of ethnic Ukrainians and systematic persecution of indigenous Crimean Tatars, which aims to erase their identity, heritage and culture, echoing, for the Crimean Tatars, the genocidal deportations of 1944; considers that Crimea’s future is tied to its recognition as the Crimean Tatars’ historic homeland;

    3.  Condemns the persecution of journalists, civil society activists and human rights defenders and the deportation of civilians including political prisoners from Crimea to penitentiary institutions across Russia, contrary to international law;

    4.  Demands the immediate and unconditional release of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov and other political prisoners; calls for immediate medical care to be provided; denounces the upholding of verdicts against seriously ill individuals, which constitutes a blatant violation of international human rights standards; calls on the International Committee of the Red Cross and the UN to establish the whereabouts of civilian detainees from Crimea;

    5.  Calls on the international community to continue its policy of non-recognition of the illegal annexation of Crimea; supports efforts for its de-occupation, such as the Crimean Platform; calls for the strengthening of sanctions against individuals and legal entities involved in the illegal annexation;

    6.  Instructs its President to forward this resolution to the VP/HR, the relevant EU institutions and the Russian and Ukrainian authorities.

    MIL OSI Europe News –

  • MIL-OSI Europe: Text adopted – Appointment of the Chair of the Anti-Money Laundering Authority (AMLA) – P10_TA(2024)0067 – Wednesday, 18 December 2024 – Strasbourg

    Source: European Parliament

    (Approval)

    The European Parliament,

    –  having regard to the proposal of the Commission of 4 December 2024 (C10-0210/2024),

    –  having regard to Article 68(1) of Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010(1),

    –  having regard to its Rules of Procedure,

    –  having regard to the report of the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs (A10-0032/2024),

    A.  whereas Article 68(1) of Regulation (EU) 2024/1620 provides that the Chair of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism shall be selected on the basis of merit, skills, knowledge, integrity, recognised standing and experience in the area of AML/CFT and other relevant qualifications;

    B.  whereas Parliament is committed to ensuring gender balance in executive positions in Union institutions, bodies and agencies; whereas all Union and national institutions and bodies should implement concrete measures to ensure gender balance;

    C.  whereas in accordance with Article 68(1) of Regulation (EU) 2024/1620, on 9 October 2024 the Commission adopted a shortlist of candidates for the position of Chair of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and the Committee on Economic and Monetary Affairs and Committee on Civil Liberties, Justice and Home Affairs held hearings with those shortlisted candidates on 25 November 2024;

    D.  whereas in accordance with Article 68(1) of Regulation (EU) 2024/1620, the Commission provided the shortlist to Parliament on 9 October 2024;

    E.  whereas on 4 December 2024, the Commission adopted a proposal to appoint Bruna Szego as Chair of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and transmitted that proposal to Parliament;

    F.  whereas the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs then proceeded to evaluate the credentials of the proposed candidate for the position of Chair of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism, in particular in view of the requirements laid down in Article 68 of Regulation (EU) 2024/1620;

    G.  whereas on 16 December 2024, the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs held a hearing with Bruna Szego, at which she made an opening statement and then answered questions put by members of the Committees;

    1.  Approves the proposal for the appointment of Bruna Szego as Chair of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism;

    2.  Instructs its President to forward this decision to the Council, the Commission, the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and the governments of the Member States.

    (1) OJ L, 2024/1620, 19.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1620/oj.

    MIL OSI Europe News –

  • MIL-OSI Security: Florida Woman Convicted of Civil Rights Conspiracy Targeting Pregnancy Resource Centers

    Source: United States Attorneys General

    Gabriella Oropesa, of Cooper City, Florida, was convicted yesterday for her role in a conspiracy to injure, oppress, threaten or intimidate employees of pro-life pregnancy help centers in the free exercise of the right to provide and seek to provide reproductive health services. The defendant and her co-conspirators selected reproductive health facilities that provided and counseled alternatives to abortion and vandalized those facilities with threatening messages. Caleb Freestone, Amber Stewart-Smith and Annarella Rivera previously pleaded guilty for their participation in the conspiracy.

    According to court documents and evidence presented at trial, between May 2022 and July 2022, Oropesa, Freestone, Smith-Stewart and Rivera engaged in a series of targeted attacks on pro-life pregnancy help centers in Florida. The defendants, in the dark of night and while wearing masks and dark clothing to obscure their identities, spray painted the facilities with threatening messages, including “If abortions aren’t safe than niether [sic] are you,” “YOUR TIME IS UP!!,” “WE’RE COMING for U” and “We are everywhere.”

    “The Freedom of Access to Clinic Entrances Act is clear: no one should have to face threats and intimidation just for doing their job,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to ensure access to the full spectrum of reproductive health services afforded to the public, whether those services include abortion or counseling on alternatives to abortion.”

    “Federal law protects providers who render reproductive health care and those who seek their services,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Threats of violence against pregnancy resource centers or those exercising their rights to care will not be tolerated.”

    A sentencing hearing is scheduled for March 19, 2025. Oropesa faces a maximum penalty of 10 years in prison for the conspiracy charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The FBI Tampa Field Office investigated the case, with assistance from the Polk County Sheriff’s Office and Winter Haven, Hialeah and Hollywood Police Departments.

    Assistant U.S. Attorney Courtney Derry for the Middle District of Florida and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case.

    Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Justice Department’s efforts to enforce Freedom of Access to Clinic Entrances Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.

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  • MIL-OSI Security: Attorney General Merrick B. Garland Delivers Remarks at the U.S. Attorney’s Office for the District of Oregon

    Source: United States Attorneys General

    Remarks as Delivered

    Thanks, Nat.

    I am very grateful to be here and have the opportunity to talk to all of our federal, state, and local law enforcement here.

    All of you are the partners that make everything work. You represent people who take risks every single day to keep the people of Oregon safe. I can’t thank you enough, and I very much look forward to hearing your perspectives and ideas for me to take back.

    I am also grateful to have the chance to recognize the extraordinary work of the U.S. Attorney’s Office for the District of Oregon.

    For people of this state, this office is the face of the Justice Department. The attorneys and staff here understand that responsibility. And like all of our partners gathered around this table, you do outstanding work on behalf of those you serve.

    Three and a half years ago, the Justice Department launched an ambitious strategy to fight the sharp spike in violent crime that took place during the pandemic.

    We focused our efforts on the most powerful tools we have, which are reflected right here: our partnerships with federal, state, Tribal and local law enforcement.

    We fortified those partnerships with substantial funding from our grantmaking components to help police departments hire more officers, to support our law enforcement task forces, and to invest resources in initiatives aimed at preventing and disrupting violence before it occurs.

    And we brought to bear our unique prosecutorial authorities and new technologies that enable us to zero in on those individuals and gangs that are responsible for the most violence.

    Today, we know that work is starting to pay off.

    Data from the Major Cities Chiefs Association shows a nearly 8% drop in violent crime here in Portland between 2022 and 2023. And recent data shows an additional 4% decline in violent crime in Portland in the first nine months of this year compared to the same time period last year.

    But, of course, there is no acceptable level of violent crime.

    That’s why the Justice Department continues to work with our partners here to fight violent crime, disrupt illegal drug and firearms trafficking, and keep people safe.

    In May, working with the FBI and the Portland Police Bureau, this U.S. Attorney’s Office secured a 14-year sentence for a leader of Portland’s 18th Street Gang. The gang leader conspired to traffic large quantities of fentanyl, methamphetamine, and cocaine into the Portland area for redistribution and sale.

    In August, working with the Westside Interagency Narcotics Team and the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) program, this office obtained a sentence of more than 10 years for a man who sold deadly Oxycodone pills to a 20-year-old woman who died from acute fentanyl poisoning.

    In September, working with the FBI and the Medford Police Department, this office secured sentences of three men for distributing counterfeit, fentanyl-laced pills that resulted in the death of a teenage girl.

    In October, working with DEA, FBI, Department of Homeland Security, IRS, and the Oregon State Police, and other state and local law enforcement, this office obtained a 57-month sentence for a chief money launderer for a drug trafficking organization operating in the Pacific Northwest and California.

    The defendant laundered more than $4.6 million in drug proceeds and used laundered funds to purchase eight properties. Those properties were forfeited to the government and will ultimately be sold, with proceeds going to support crime victims and law enforcement.

    That same month, in partnership with the FBI, the Klamath Falls Police Department, the Oregon State Police, and half a dozen other law enforcement partners, this office obtained the conviction of a man who brutally victimized two women. The man kidnapped and sexually assaulted both women and held one of them in a cell that he constructed for the purpose in his garage.

    Thanks to the bravery and collaboration of our law enforcement partners, that man is being held accountable for his crimes.

    Just a couple of weeks ago, this office secured a five-year sentence for a man who illegally possessed and manufactured more than 100 semi-automatic firearms and silencers.

    During a search of his residence, investigators found methamphetamine, dozens of weapons, firearm manufacturing tools, and a 3D printer with a partially printed part for an AR15. When the defendant was arrested, he was carrying a semiautomatic pistol without an identifiable serial number.

    That investigation and successful prosecution reflected the joint efforts of this office, ATF, and the Lane County Sheriff’s Office.

    In addition to using our investigative and prosecutorial capabilities, we are also committed to using our grantmaking capabilities to invest in public safety.

    So far this year, the Justice Department has awarded more than $64 million in grants to Oregon.

    These funds will help law enforcement agencies in Oregon to hire more officers.

    And they will help agencies and community partners prevent and combat violent crime and drug trafficking and improve services for survivors of domestic and dating violence, sexual assault, stalking, and other crimes.

    The Department of Justice remains committed to providing our law enforcement and community partners with the resources they need to protect their communities.

    The examples I have just shared are just a snapshot of the extraordinary work that this U.S. Attorney’s Office is doing every day to protect people in Oregon and to fulfill the Justice Department’s mission to ensure the rule of law, to keep our country safe, and to protect civil rights.

    I am extremely proud of the public servants who make up this office and of the extraordinary leader beside me, Natalie Wight. And I am equally proud of the relationships they have developed with the people around this table.

    Your jobs are not easy. They are dangerous, but they are essential. Thanks to you for the many sacrifices you make to keep of this state safe.

    I’m looking forward now to beginning our meeting.

    MIL Security OSI –

  • MIL-OSI: NBT Bancorp Inc. Receives Regulatory Approval, Evans Bancorp, Inc. Shareholders Approve Merger

    Source: GlobeNewswire (MIL-OSI)

    NORWICH, N.Y. and WILLIAMSVILLE, N.Y., Dec. 20, 2024 (GLOBE NEWSWIRE) — NBT Bancorp Inc. (“NBT”) (NASDAQ: NBTB) announced that it has received regulatory approval to complete the proposed merger (the “Merger”) of Evans Bancorp, Inc. (“Evans”) (NYSE American: EVBN) with and into NBT and Evans Bank, N.A. (“Evans Bank”) with and into NBT Bank, N.A. (“NBT Bank”). The Office of the Comptroller of the Currency approved the merger of Evans Bank with and into NBT Bank, and NBT received a waiver from the Federal Reserve Bank of New York for any application with respect to the merger of Evans with and into NBT.

    On December 20, 2024, the shareholders of Evans voted to approve the Merger. Evans reported over 75% of the issued and outstanding shares of Evans were represented at a special shareholder meeting and over 96% of the votes cast were voted to approve the Merger.

    “We are pleased that we have received the necessary regulatory approvals to proceed with the Merger and that Evans shareholders have demonstrated strong support for the partnership that will bring NBT and Evans together,” said NBT President and CEO Scott A. Kingsley. “Team members from NBT and Evans have been working closely to plan for a smooth transition in the second quarter of 2025, and we look forward to continuing to build on the relationships Evans has established with their customers, communities and shareholders as we extend NBT’s footprint in Upstate New York into the attractive Buffalo and Rochester markets.”

    “These approvals are important milestones in the merger process, and we are grateful that Evans shareholders have so positively endorsed this strategic partnership,” said David J. Nasca, Evans President and Chief Executive Officer. “Joining the NBT family will benefit our customers and communities as they will continue to be served by a combined organization upholds our shared culture and values, maintains our relationship-focused approach, and offers an elevated suite of financial products and services.”

    On September 9, 2024, NBT, Evans, NBT Bank and Evans Bank entered into an Agreement and Plan of Merger pursuant to which Evans will merge with and into NBT in an all-stock transaction, and immediately after, Evans Bank will merge with and into NBT Bank. This Merger will bring together two highly respected banking companies and extend NBT’s growing footprint into Western New York. The Merger is expected to close in the second quarter of 2025 in conjunction with the system conversion, pending customary closing conditions.

    About NBT Bancorp Inc.
    NBT Bancorp Inc. is a financial holding company headquartered in Norwich, NY, with total assets of $13.84 billion at September 30, 2024. NBT primarily operates through NBT Bank, N.A., a full-service community bank, and through two financial services companies. NBT Bank, N.A. has 155 banking locations in New York, Pennsylvania, Vermont, Massachusetts, New Hampshire, Maine and Connecticut. EPIC Retirement Plan Services, based in Rochester, NY, is a national benefits administration firm. NBT Insurance Agency, LLC, based in Norwich, NY, is a full-service insurance agency. More information about NBT and its divisions is available online at: www.nbtbancorp.com, www.nbtbank.com, www.epicrps.com and https://www.nbtbank.com/Insurance.

    About Evans Bancorp, Inc.
    Evans is a financial holding company headquartered in Williamsville, NY, with total assets of $2.28 billion at September 30, 2024. Its primary subsidiary, Evans Bank, N.A., is a full-service community bank with 18 branches providing comprehensive financial services to consumer, business and municipal customers throughout Western New York. More information about Evans is available online at www.evansbancorp.com and www.evansbank.com.

    Forward-Looking Statements
    This communication contains forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Such forward-looking statements about NBT and Evans and their industry involve substantial risks and uncertainties. Statements other than statements of current or historical fact, including statements regarding NBT’s or Evans’ future financial condition, results of operations, business plans, liquidity, cash flows, projected costs, and the impact of any laws or regulations applicable to NBT or Evans, are forward-looking statements. Words such as “anticipates,” “believes,” “estimates,” “expects,” “forecasts,” “intends,” “plans,” “projects,” “may,” “will,” “should” and other similar expressions are intended to identify these forward-looking statements. Such statements are subject to factors that could cause actual results to differ materially from anticipated results.

    Among the risks and uncertainties that could cause actual results to differ from those described in the forward-looking statements include, but are not limited to the following: (1) the businesses of NBT and Evans may not be combined successfully, or such combination may take longer to accomplish than expected; (2) the cost savings from the merger may not be fully realized or may take longer to realize than expected; (3) operating costs, customer loss and business disruption following the merger, including adverse effects on relationships with employees, may be greater than expected; (4) the possibility that the merger may be more expensive to complete than anticipated, including as a result of unexpected factors or events; (5) diversion of management’s attention from ongoing business operations and opportunities; (6) the possibility that the parties may be unable to achieve expected synergies and operating efficiencies in the merger within the expected timeframes or at all and to successfully integrate Evans’ operations and those of NBT; (7) such integration may be more difficult, time consuming or costly than expected; (8) revenues following the proposed transaction may be lower than expected; (9) NBT’s and Evans’ success in executing their respective business plans and strategies and managing the risks involved in the foregoing; (10) the dilution caused by NBT’s issuance of additional shares of its capital stock in connection with the proposed transaction; (11) changes in general economic conditions, including changes in market interest rates and changes in monetary and fiscal policies of the federal government; and (12) legislative and regulatory changes. Further information about these and other relevant risks and uncertainties may be found in NBT’s and Evans’ respective Annual Reports on Form 10-K for the fiscal year ended December 31, 2023 and in subsequent filings with the Securities and Exchange Commission.

    Forward-looking statements speak only as of the date they are made. NBT and Evans do not undertake, and specifically disclaim any obligation, to publicly release the result of any revisions which may be made to any forward-looking statements to reflect the occurrence of anticipated or unanticipated events or circumstances after the date of such statements. You are cautioned not to place undue reliance on these forward-looking statements.

    Contacts NBT Bancorp Inc. Evans Bancorp, Inc.
         
      Scott A. Kingsley
    President and Chief Executive Officer    		 David J. Nasca
    President and Chief Executive Officer
         
      Annette L. Burns
    EVP and Chief Financial Officer    		 John B. Connerton
    EVP and Chief Financial Officer
         
      607-337-6589 716-926-2000
         
        Evans Investor Relations
    Deborah K. Pawlowski, Alliance Advisors
    dpawlowski@allianceadvisors.com
    716-843-3908
         

    This press release was published by a CLEAR® Verified individual.

    The MIL Network –

  • MIL-OSI Australia: Fatal crash at Swan Reach

    Source: South Australia Police

    A woman has died in a crash at Swan Reach.

    About 10.40pm on Friday 20 December, police and emergency services were called to Anzac Avenue after reports that a black Ford Falcon sedan had left the road and crashed into a tree.

    The driver and sole occupant, a 45-year-old Swan Reach woman died at the scene.

    Major Crash officers attended the scene to investigate the circumstances of the collision.

    The woman’s death is the 83rd life lost on South Australian roads this year.

    Anyone who witnessed the crash is asked to call Crime Stoppers on 1800 333 000, or online at www.crimestopperssa.com.au

    MIL OSI News –

  • MIL-OSI USA: Dentist Sentenced to 15 Years in Prison for Stealing Drugs from Patients and Performing Surgery Without Proper Pain Management

    Source: US Department of Health and Human Services – 3

    Department of Justice
    U.S. Attorney’s Office
    Central District of Illinois

    FOR IMMEDIATE RELEASE
    Friday, December 20, 2024

    SPRINGFIELD, Ill. – A Rochester, Illinois, dentist, Phillip M. Jensen, 64, was sentenced on December 18, 2024, to 15 years in prison for stealing fentanyl from his patients, injecting them with adulterated drugs, and performing surgery without proper pain management. Jenson also was ordered to pay a $200,000 fine.

    Jensen previously pleaded guilty to two counts of drug diversion, two counts of acquiring a controlled substance by fraud, one count of tampering with consumer products resulting in serious bodily injury, and two counts of false statements relating to health care matters in August 2024.

    Jensen, who prior to having his license suspended in 2022 had specialized in oral and maxillofacial surgery, started stealing fentanyl form his patients as early as December 2019. This conduct first came to light when his staff began noticing patients who were moving, moaning, and otherwise showing signs of pain and distress during surgery.

    Jensen admitted that he had stolen at least half of the fentanyl in every vial in the practice. He acknowledged removing the safety caps, withdrawing at least half of the fentanyl in the single-use vials, refilling the vials with saline, and gluing the caps back on to the vials. In a further effort to hide what he had done, Jensen made false entries into his surgical records claiming that he had given quantities of full-strength and unadulterated fentanyl to his patients to control their pain. He further billed both public and private insurance for these surgeries utilizing these same falsified records. In all, Jensen stole more than 40 grams of fentanyl for his personal use through his fraud.

    At the sentencing hearing before U.S. District Judge Colleen R. Lawless, the government presented evidence of Jensen’s lengthy history with addiction, his previous efforts at treatment, and his ultimate decision to prey upon his patients by stealing the drugs that were meant to provide them with comfort during their surgeries. The government presented evidence of the elaborate steps Jensen took to disguise his theft and how his theft of this necessary pain medication impacted his patients.

    During the hearing, Judge Lawless also heard from several of the more than 99 identified victims of Jensen’s fraud, including the statement of a mother who discussed looking into the face of their child immediately following the surgery as the child cried and stated that they had “felt everything.” The government also presented the statement of a patient that awoke during her surgery. When Jensen realized she was awake, he struck the patient in the head with an instrument and completed the surgery, which involved the extraction of multiple teeth as well as the shaping and smoothing of the bones in her jaw, while she was conscious and lacking pain management.

    At the conclusion of the hearing, Judge Lawless rejected Jensen’s argument that he was less culpable than an average drug dealer. She noted that Jensen profited from his crimes. She also stated that while a dealer provides drugs to knowing and willing participants, Jensen provided diluted drugs without the consent or knowledge of his victims. She noted that Jensen was a physician who used his position of trust to hurt others. Judge Lawless concluded by asking, “If you cannot trust your doctor, who can you trust?”

    A federal grand jury returned an indictment against Jensen in February 2022 charging him with twenty felony counts. He was originally released on bond, but a warrant was issued in July 2024 for violation of the terms and conditions of bond after he stalked and harassed a potential witness in the case. Jensen was detained at that time, and he has remained in the custody of the U.S. Marshal Service.

    Judge Lawless, in imposing the fifteen-year sentence, rejected Jensen’s arguments for a lower drug weight and noted the egregious nature of his conduct. In addition to the $200,000 fine imposed, Judge Lawless also ordered Jensen to repay the government for the costs of the expert witness it had to hire. Jensen also lost his medical license as a result of his conduct.

    “This case represents the commitment of the Department of Justice, both in the Central District of Illinois and beyond, to protect and defend the public from those that would prey upon them,” said U.S. Attorney Gregory K. Harris. “People are never as vulnerable as when they place their faith in a health care provider to not only treat their condition but to administer anesthesia and pain medicine during that treatment. Jensen abused that faith and hurt others in the process. Because of this prosecution, Jensen will not be permitted to practice medicine again and will be prevented from hurting members of our community in the future.”

    “Health care professionals who tamper with patient medications create a risk of harm to patients, and also put at risk the trust that U.S. consumers have in those who provide their medical care,” said Ronne Malham, Special Agent in Charge of the Food and Drug Administration’s Office of Criminal Investigations Chicago Field Office. “We will continue to investigate and bring to justice health care professionals who take advantage of their unique medical positions and tamper with patients’ medications.”

    “Medical professionals who violate their oaths to ‘do no harm’ must be held accountable,” said Sheila Lyons, Special Agent in Charge of the U.S. Drug Enforcement Administration – Chicago Division. “The DEA will continue working to keep Illinois families safe from medical professionals who illegally divert opioid painkillers from legitimate medical supplies.”

    The United States Drug Enforcement Administration Diversion Unit, Springfield Resident Office, which focuses on cases involving pharmaceutical controlled substances diverted from the legal chain of commerce to the illegal drug market, investigated this case in conjunction with the Sangamon County Sheriff’s Office, the United States Food and Drug Administration, and the Illinois Department of Financial and Professional Regulation. Assistant U.S. Attorneys Douglas F. McMeyer and Sierra Senor-Moore represented the government in the prosecution.

    MIL OSI USA News –

  • MIL-OSI Security: First Assistant United States Attorney Zachary T. Lee to Serve as Acting United States Attorney for the Western District of Virginia

    Source: Office of United States Attorneys

    ABINGDON, Va. – First Assistant United States Attorney Zachery T. Lee will serve as the Acting United States Attorney for the Western District of Virginia, effective December 21, 2024, at 12:00 a.m. He is assuming the office under the Federal Vacancies Reform Act, 5 U.S.C § 3345, upon the departure of United States Attorney Christopher R. Kavanaugh, who announced his resignation earlier this year.

    “For two decades, Zach Lee has served the Western District of Virginia with honor, distinction, and dedication as an Assistant United States Attorney, Criminal Chief, and most recently as First Assistant United States Attorney,” United States Attorney Kavanaugh said today. “There is nobody more qualified to serve in this role, and I look forward to watching the United States Attorney’s Office continue to thrive and serve the citizens of the Western District of Virginia under his leadership.”

    “In my role as the First Assistant United States Attorney, I’ve had the privilege to work side-by-side with Chris Kavanaugh on our district’s most pressing matters,” Mr. Lee said today. “We are sad to see Chris leave the Western District after more than a decade of service, but I promise to keep the men and women who work here focused on the priorities he’s put in place: Keeping our District safe, ensuring civil rights, reducing gun violence, and leading complex white collar investigations and prosecutions.”

    Mr. Lee, 48, has served the Department of Justice since joining the United States Attorney’s Office for the Western District of Virginia in 2005 as a Special Assistant United States Attorney, transitioning to an Assistant United States Attorney in 2007. During his tenure, Mr. Lee has prosecuted complex narcotics, public corruption, firearms, and other criminal matters. He also served in the district’s leadership team as Criminal Chief and First Assistant United States Attorney.

    Prior to his employment with the Department of Justice, Mr. Lee served as an Assistant Commonwealth’s Attorney for the City of Bristol, Virginia, and as a law clerk to the Honorable James P. Jones, United States District Judge for the Western District of Virginia.

    He earned his Juris Doctor from the University of Wyoming College of Law, Laramie, Wyoming, and a Bachelor of Arts from Washington and Lee University, Lexington, Virginia. 

    MIL Security OSI –

  • MIL-OSI Security: Two officers convicted for assaulting 16-year-old boy

    Source: United Kingdom London Metropolitan Police

    Two officers have been convicted of assaulting a 16-year-old boy who they were transporting to hospital for a mental health assessment.

    Following a trial at Westminster Magistrates’ Court which concluded on Friday, 20 December, PC Sevda Gonen, 33, was found guilty of two counts of assault by beating – one for using unlawful force when searching the victim and the second for slapping him and holding his hair. PC Stuart Price, 35, was found guilty of one count of using unlawful force when searching the victim.

    Both officers, who are attached to the North Area Basic Command Unit, will be sentenced on Thursday, 24 January.

    The officers were convicted following an investigation by the Independent Office for Police Conduct (IOPC) in relation to an incident on 14 November 2023 when officers were voluntarily transporting a 16-year-old boy to hospital for a mental health assessment, as there were no ambulances available to immediately take him.

    Area Commander Hayley Sewart, said: “We know this incident had a significant impact on the victim and his family, and I would like to apologise to them for the distress and upset caused. Very sadly, what started out as an attempt to get the right medical attention for a teenager in mental health crisis quickly escalated to the events we saw unfold that day.

    “The actions of PC Gonen in slapping the victim are deeply troubling and fall well below the standards and behaviour we expect from our officers. An internal review of the incident raised concerns about her actions and as a result we referred the matter to the Independent Office for Police Conduct.

    “We will continue to exercise such diligence where standards are not being upheld.

    “The decision to charge and subsequently convict the officers with assault because the search was deemed to be unlawful, however, raises important questions and we need to now take some time to understand the outcome and carefully consider the possible wider implications for officers and policing in general.”

    + PC Gonen is suspended. PC Price remains on restricted duties. Now that criminal matters have concluded, we will be liaising with the IOPC regarding misconduct procedures.

    MIL Security OSI –

  • MIL-OSI Security: Two California Men Charged in Largest NFT Scheme Prosecuted to Date

    Source: United States Attorneys General 7

    Note: View the indictment here. 

    A six-count indictment was unsealed today in Los Angeles charging two California men with defrauding investors of more than $22 million in cryptocurrency through a series of digital asset project “rug pulls,” a type of fraud scheme in which the creator of a nonfungible token (NFT) or other digital asset project solicits funds from investors for the project and then abruptly abandons the project and fraudulently retains investors’ funds. Both men were arrested yesterday by Homeland Security Investigations (HSI) in Los Angeles.

    According to court documents, from May 2021 to May 2024, Gabriel Hay, 23, of Beverly Hills, and Gavin Mayo, 23, of Thousand Oaks, sponsored several NFT and other digital asset projects and undertook promotional activities in support of those projects. Hay and Mayo allegedly made or caused others to make materially false and misleading statements regarding the digital asset projects being launched and provided false and misleading project “roadmaps” detailing plans for the NFTs or other digital asset projects after their launch that the sponsors never intended to fulfill. For example, the indictment alleges that in promoting the Vault of Gems NFT project, Hay and Mayo falsely claimed that the project would be the “first NFT project to be pegged to a hard asset.” However, instead of pursuing the Vault of Gems project or others as they had represented they would, Hay and Mayo allegedly abandoned the projects after collecting millions in funds from investors.

    “Gabriel Hay and Gavin Mayo allegedly defrauded investors in digital asset projects of tens of millions of dollars and threatened an individual who attempted to expose their roles in these fraudulent schemes,” said Principal Deputy Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Fraudsters take advantage of new technologies and financial products to steal investors’ hard-earned money. The department is committed to protecting investors and will continue to work with our law enforcement partners to root out fraud involving cryptocurrency and other digital assets and bring offenders to justice.”

    “For three years, Hay and Mayo apparently lied to their investors in order to defraud them out of millions of dollars,” said HSI Executive Associate Director Katrina W. Berger. “Such technological fraud schemes cost investors millions of dollars every year. Just because such crimes aren’t violent does not mean they are victimless. HSI will continue to investigate, disrupt, and dismantle such cryptocurrency fraud networks.”

    “Whenever a new investment trend occurs, scammers are sure to follow,” said U.S. Attorney Martin Estrada for the Central District of California. “My office and our law enforcement partners will continue our efforts to protect consumers and punish wrongdoers involved in crypto fraud.”

    Hay, Mayo, and others allegedly used these tactics with a variety of digital asset projects, including Vault of Gems, Faceless, Sinful Souls, Clout Coin, Dirty Dogs, Uncovered, MoonPortal, Squiggles, and Roost Coin. Hay and Mayo also allegedly used a variety of means to conceal their involvement in the fraudulent projects by falsely identifying other individuals or causing other individuals to be falsely identified as owners of the projects. When one project manager on the Faceless NFT project exposed Hay and Mayo as being behind that project, Hay and Mayo allegedly embarked on a harassment campaign against the project manager, sending or causing the sending of messages to the project manager and his parents for the purpose of intimidating him and his family and causing them great emotional distress.

    Hay and Mayo are each charged with one count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of stalking. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy and wire fraud counts and a maximum penalty of five years on the stalking count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    HSI Baltimore is investigating the case.

    Trial Attorneys Tian Huang and Tamara Livshiz of the Criminal Division’s Fraud Section, both members of the National Cryptocurrency Enforcement Team (NCET), and Assistant U.S. Attorney Maxwell Coll for the Central District of California are prosecuting the case.

    The NCET was established to combat the growing illicit use of cryptocurrencies and digital assets. Within the Criminal Division’s Computer Crime and Intellectual Property Section, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. The NCET also works to set strategic priorities regarding digital asset technologies, identify areas for increased investigative and prosecutorial focus, and lead the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.

    If you believe that you are a victim of any of the scams listed above or other scams involving the defendants, please email rugpullvictims@hsi.dhs.gov.

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

    MIL Security OSI –

  • MIL-OSI NGOs: If the EU won’t stop Israel’s genocide in Gaza, member states must go it alone

    Source: Amnesty International –

    Ursula von der Leyen knows that the EU’s reputation as a credible actor for human rights and international law is in tatters over the horrors in Gaza.

    EU leaders and officials have gone from privately condemning the EU’s double standards behind closed doors to publicly lamenting them. Instead of tackling these double standards however, the European Commission President rebranded them as “anti-EU narratives” and tasked the new Commissioner for the Mediterranean and foreign policy chief to elaborate a communications strategy to highlight the EU’s contribution to the region. But there are issues that even the canniest communications strategy cannot bury.

    After the atrocities committed by Hamas and other armed groups on 7 October 2023, Israel’s military campaign has killed over 45,000 Palestinians, 60% of whom are children, women and older people. The Israeli offensive has left the occupied Gaza Strip a wasteland, inflicting shocking and unprecedented levels of death, suffering and destruction. Amnesty International investigated Israel’s offensive on Gaza, examining a variety of unlawful acts constituting a pattern of conduct, the harmful and destructive impact of its policies and actions, and Israeli government and military officials’ racist, dehumanizing and genocidal rhetoric.

    The conclusion is clear: Israel is committing these acts with the intent to destroy the Palestinians in Gaza. Israel is committing genocide. We also found that not only is the genocide in Gaza the most documented in history, but the EU and many of its member states are failing to prevent it. Moreover, some member states risk becoming complicit in Israel’s genocide by continuing to transfer arms to the country.

    ‘All signs of genocide are flashing red’

    Amnesty International’s report ‘You Feel Like You Are Subhuman’: Israel’s Genocide Against Palestinians in Gaza is the culmination of nine months of meticulous research and spans 296 pages. During our investigation, we interviewed 212 people, conducted extensive fieldwork and analyzed a wide range of visual and digital evidence, including satellite imagery. Crucially, we also analyzed evidence of Israel’s intent, before concluding that Israel has committed — and is continuing to commit — genocide in Gaza.

    In 15 airstrikes we found that Israel killed 334 civilians, including 141 children, and wounded hundreds of others in direct attacks against civilians and without effective warnings. These airstrikes represent a subset of a wider pattern of deliberately indiscriminate attacks. We also documented how Israel has deliberately imposed conditions of life on Palestinians in Gaza calculated to bring about their physical destruction. Within the context of Israel’s long-standing apartheid and unlawful occupation, the inescapable conclusion is that Israel committed these acts with the intent of destroying the Palestinians in Gaza.

    Unsurprisingly, the world has been reluctant to recognize the situation in Gaza as genocide. After all, if what we have been witnessing every day for 14 months was indeed genocide, what would that say about the international community?

    The International Court of Justice (ICJ) recognized that a risk exists that genocide could be committed against Palestinians in Gaza, ordering multiple binding measures to prevent it. The International Criminal Court (ICC) further issued arrest warrants for Israel’s prime minister and former minister of defense for war crimes and crimes against humanity.

    As ICJ judge Abdulqawi Yousef put it: “All signs of genocide are flashing red.”

    Not everyone agreed with our findings. Yet  many states have reached the same conclusion before us. While others may refuse to acknowledge the reality, the EU and its member states are faced with two primary responsibilities under international law: the obligation not to aid or assist genocide and the obligation to prevent it.

    In the absence of unity, EU member states must go it alone

    As European leaders gather in Brussels for the European Council, the new HR/VP Kaja Kallas faces the daunting challenge of convincing all 27 member states to uphold these two fundamental obligations under international law.

    However, in the absence of united action at EU level, individual member states have a duty to act on their own to uphold their obligations to prevent genocide and avoid being complicit in it. In practical terms, this entails five concrete actions.

    The remaining EU member states that continue to export or allow the transfer of arms to Israel must follow the lead of those who have rightly suspended arms exports and transshipments to Israel.

    States must exert diplomatic pressure on Israel, including by publicly recognizing that Israel is committing war crimes, crimes against humanity and genocide, among other violations of international law.

    States must support justice mechanisms, including by safeguarding the ICC from reprisals, supporting the court financially and politically, and publicly committing to enforcing arrest warrants issued by the ICC. Additionally, states have a responsibility to investigate and prosecute international crimes committed in Gaza under universal jurisdiction, or when suspected perpetrators or victims are dual nationals.

    For its part, the EU must not allow Israel to decimate the United Nations Relief and Works Agency (UNRWA) for Palestine Refugees, which remains the only lifeline for millions of Palestinians. This requires both financial and political support for the UNRWA, as well as supporting Norway’s efforts at the UN General Assembly to challenge Israel’s attempt to dismantle it.

    Finally, regardless of EU leaders’ discourse on the ‘day after’ and long-term prospects for peace, as long as Israeli settlement expansion and unlawful occupation and apartheid persist, this will remain empty rhetoric. The EU must start by implementing their legal obligations, as clarified by the ICJ, to ban trade and investments that contribute to maintaining Israel’s illegal occupation.

    In the pages of history, two groups of politicians will be remembered: those who remained silent in the face of Gaza’s genocide — and those who rose up to stop it.

    *This article was originally published on 19 December in EUobserver.

    MIL OSI NGO –

  • MIL-OSI Canada: Provincial Court Judges Appointed in Regina and Prince Albert

    Source: Government of Canada regional news

    Released on December 20, 2024

    The Government of Saskatchewan is announcing today the appointment of three new judges to the Provincial Court of Saskatchewan.

    Cynthia Alexander is appointed to the Provincial Court in Regina. Lori O’Connor and Buffy Rodgers are appointed to the Provincial Court in Prince Albert.

    “It is a privilege to announce the appointment of these three new judges to the Provincial Court of Saskatchewan,” Justice Minister and Attorney General Tim McLeod said. “Saskatchewan prides itself on its record of appointing highly skilled legal professionals to our judiciary, and I am confident these new appointees to the Provincial Court will carry on this tradition in their communities.” 

    Judge Alexander received her Bachelor of Laws from the University of Saskatchewan College of Law in 1996 and was called to the Bar in 1997. She completed her articles with Woloshyn & Company (now W Law) in Regina, where she remained as an Associate Lawyer until 2000. Judge Alexander then took a position as a Crown Prosecutor with Public Prosecutions in Prince Albert, and became a Senior Crown Prosecutor there in 2008. In 2022, she moved to the Head Office of Public Prosecutions in Regina as the Director of Professional Development.

    Judge Alexander has spent the majority of her career prosecuting criminal matters in Provincial Court and the Court of King’s Bench. She has developed expertise in criminal procedure, trial advocacy and rules of evidence. She has mentored prosecutors, articling students, and summer students within the Ministry of Justice and Attorney General and has also lectured at the University of Regina, the Saskatchewan Police College and Saskatchewan Polytechnic. 

    Outside of work, Judge Alexander and her husband have raised two sons. She enjoys music and travelling, and has volunteered with the Prince Albert Music Festival and the Saskatchewan Jazz Festival. 

    Judge O’Connor received her Bachelor of Laws from Dalhousie University in 2008 and was called to the Bar in 2009. She completed her articles with Legal Aid in Thompson, Manitoba, where she continued as a Staff Lawyer until 2010. In 2010, Judge O’Connor joined Saskatchewan Public Prosecutions as a Crown Prosecutor. She became a Regional Crown Prosecutor in Melfort in 2019. 

    Judge O’Connor has extensive experience in criminal law gained from her career as a Crown Prosecutor. She has taken an active role in mentoring law students through Dalhousie Law School’s Weldon Mentor Matching Program, and has provided court and testimony training to nurse examiners, victims services volunteers and peace officers. She also regularly contributes book reviews to the Canadian Law Library Review that appear on CanLii.

    Outside of her professional life, Judge O’Connor bakes banana bread for the Melfort Food Bank and enjoys walking her dog.   

    Judge Rodgers received her Bachelor of Laws from the University of Saskatchewan College of Law in 1998 and was called to the Bar in 1999. She completed her articles with Wardell Worme & Missens in 1999, and remained there as a Junior Lawyer until 2001. Judge Rodgers held a variety of roles from 2001 to 2006, including acting as legal counsel at Legal Aid Saskatchewan and Partner at Wardell Driedger Cotton & Rodgers, later Wardell Gillis Tangjerd Rodgers & Cotton. She joined the Saskatchewan Ministry of Justice and Attorney General as Crown Counsel in 2006 and became a Senior Crown Prosecutor with Saskatchewan Public Prosecutions in 2007. She has held the position of Senior Crown Prosecutor – OH&S since 2015.

    Over her legal career, Judge Rodgers has developed expertise in a wide variety of legal areas including criminal defense, child protection, civil law, small claims and legal aid. As a Crown Prosecutor she has spent a significant portion of her career in docket and trial court, and in the Court of King’s Bench practicing both criminal and regulatory law, with a specialty in OH&S files. 

    Judge Rodgers is a past Secretary of the Saskatchewan Crown Attorneys Association, and is a recipient of the Premier’s Award for Excellence in the Public Service for her work on the Serious Violent Offender Response Team. 

    -30-

    For more information, contact:

    MIL OSI Canada News –

  • MIL-OSI USA: Florida Woman Convicted of Civil Rights Conspiracy Targeting Pregnancy Resource Centers

    Source: US State of North Dakota

    Gabriella Oropesa, of Cooper City, Florida, was convicted yesterday for her role in a conspiracy to injure, oppress, threaten or intimidate employees of pro-life pregnancy help centers in the free exercise of the right to provide and seek to provide reproductive health services. The defendant and her co-conspirators selected reproductive health facilities that provided and counseled alternatives to abortion and vandalized those facilities with threatening messages. Caleb Freestone, Amber Stewart-Smith and Annarella Rivera previously pleaded guilty for their participation in the conspiracy.

    According to court documents and evidence presented at trial, between May 2022 and July 2022, Oropesa, Freestone, Smith-Stewart and Rivera engaged in a series of targeted attacks on pro-life pregnancy help centers in Florida. The defendants, in the dark of night and while wearing masks and dark clothing to obscure their identities, spray painted the facilities with threatening messages, including “If abortions aren’t safe than niether [sic] are you,” “YOUR TIME IS UP!!,” “WE’RE COMING for U” and “We are everywhere.”

    “The Freedom of Access to Clinic Entrances Act is clear: no one should have to face threats and intimidation just for doing their job,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to ensure access to the full spectrum of reproductive health services afforded to the public, whether those services include abortion or counseling on alternatives to abortion.”

    “Federal law protects providers who render reproductive health care and those who seek their services,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “Threats of violence against pregnancy resource centers or those exercising their rights to care will not be tolerated.”

    A sentencing hearing is scheduled for March 19, 2025. Oropesa faces a maximum penalty of 10 years in prison for the conspiracy charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The FBI Tampa Field Office investigated the case, with assistance from the Polk County Sheriff’s Office and Winter Haven, Hialeah and Hollywood Police Departments.

    Assistant U.S. Attorney Courtney Derry for the Middle District of Florida and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case.

    Anyone who has information about incidents of violence, threats and obstruction that target a patient or provider of reproductive health services, or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov. For more information about clinic violence, and the Justice Department’s efforts to enforce Freedom of Access to Clinic Entrances Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.

    MIL OSI USA News –

  • MIL-OSI USA: Two California Men Charged in Largest NFT Scheme Prosecuted to Date

    Source: US State of North Dakota

    Note: View the indictment here. 

    A six-count indictment was unsealed today in Los Angeles charging two California men with defrauding investors of more than $22 million in cryptocurrency through a series of digital asset project “rug pulls,” a type of fraud scheme in which the creator of a nonfungible token (NFT) or other digital asset project solicits funds from investors for the project and then abruptly abandons the project and fraudulently retains investors’ funds. Both men were arrested yesterday by Homeland Security Investigations (HSI) in Los Angeles.

    According to court documents, from May 2021 to May 2024, Gabriel Hay, 23, of Beverly Hills, and Gavin Mayo, 23, of Thousand Oaks, sponsored several NFT and other digital asset projects and undertook promotional activities in support of those projects. Hay and Mayo allegedly made or caused others to make materially false and misleading statements regarding the digital asset projects being launched and provided false and misleading project “roadmaps” detailing plans for the NFTs or other digital asset projects after their launch that the sponsors never intended to fulfill. For example, the indictment alleges that in promoting the Vault of Gems NFT project, Hay and Mayo falsely claimed that the project would be the “first NFT project to be pegged to a hard asset.” However, instead of pursuing the Vault of Gems project or others as they had represented they would, Hay and Mayo allegedly abandoned the projects after collecting millions in funds from investors.

    “Gabriel Hay and Gavin Mayo allegedly defrauded investors in digital asset projects of tens of millions of dollars and threatened an individual who attempted to expose their roles in these fraudulent schemes,” said Principal Deputy Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Fraudsters take advantage of new technologies and financial products to steal investors’ hard-earned money. The department is committed to protecting investors and will continue to work with our law enforcement partners to root out fraud involving cryptocurrency and other digital assets and bring offenders to justice.”

    “For three years, Hay and Mayo apparently lied to their investors in order to defraud them out of millions of dollars,” said HSI Executive Associate Director Katrina W. Berger. “Such technological fraud schemes cost investors millions of dollars every year. Just because such crimes aren’t violent does not mean they are victimless. HSI will continue to investigate, disrupt, and dismantle such cryptocurrency fraud networks.”

    “Whenever a new investment trend occurs, scammers are sure to follow,” said U.S. Attorney Martin Estrada for the Central District of California. “My office and our law enforcement partners will continue our efforts to protect consumers and punish wrongdoers involved in crypto fraud.”

    Hay, Mayo, and others allegedly used these tactics with a variety of digital asset projects, including Vault of Gems, Faceless, Sinful Souls, Clout Coin, Dirty Dogs, Uncovered, MoonPortal, Squiggles, and Roost Coin. Hay and Mayo also allegedly used a variety of means to conceal their involvement in the fraudulent projects by falsely identifying other individuals or causing other individuals to be falsely identified as owners of the projects. When one project manager on the Faceless NFT project exposed Hay and Mayo as being behind that project, Hay and Mayo allegedly embarked on a harassment campaign against the project manager, sending or causing the sending of messages to the project manager and his parents for the purpose of intimidating him and his family and causing them great emotional distress.

    Hay and Mayo are each charged with one count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of stalking. If convicted, they each face a maximum penalty of 20 years in prison on each of the conspiracy and wire fraud counts and a maximum penalty of five years on the stalking count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    HSI Baltimore is investigating the case.

    Trial Attorneys Tian Huang and Tamara Livshiz of the Criminal Division’s Fraud Section, both members of the National Cryptocurrency Enforcement Team (NCET), and Assistant U.S. Attorney Maxwell Coll for the Central District of California are prosecuting the case.

    The NCET was established to combat the growing illicit use of cryptocurrencies and digital assets. Within the Criminal Division’s Computer Crime and Intellectual Property Section, the NCET conducts and supports investigations into individuals and entities that are enabling the use of digital assets to commit and facilitate a variety of crimes, with a particular focus on virtual currency exchanges, mixing and tumbling services, and infrastructure providers. The NCET also works to set strategic priorities regarding digital asset technologies, identify areas for increased investigative and prosecutorial focus, and lead the department’s efforts to collaborate with domestic and foreign government agencies as well as the private sector to aggressively investigate and prosecute crimes involving cryptocurrency and digital assets.

    If you believe that you are a victim of any of the scams listed above or other scams involving the defendants, please email rugpullvictims@hsi.dhs.gov.

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

    MIL OSI USA News –

  • MIL-OSI Security: Former Doctor and Her Wife Sentenced for Fraud and Other Crimes

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

    HUNTSVILLE, Ala. – A former family practice doctor in Huntsville was sentenced today for drug crimes, health care fraud, and COVID-19 disaster relief fraud, announced U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Carlton Peeples, Drug Enforcement Administration Special Agent in Charge Steven L. Hofer, and Special Agent in Charge Tamela Miles of the Department of Health and Human Service Office of the Inspector General Atlanta Region. The doctor’s wife, who owned the medical practice, was also sentenced.

    Judge Liles C. Burke sentenced Francene Aretha Gayle, 50, to 87 months in prison on four opioid prescribing charges, one count of health care fraud, and one count of wire fraud. Judge Burke sentenced Schara Monique Davis, 48, to 42 months in prison for one count of health care fraud and one count of wire fraud. Each defendant was also ordered to pay $2.2 million in restitution, forfeit $226,815, and pay a fine.

    According to the defendants’ plea agreements, between about 2014 and early 2020, Gayle was a doctor who operated a multi-clinic practice in Huntsville, Athens, and Killen. Davis owned the practice and served as business manager. In 2019, the Killen clinic shut down. In March 2020, the Alabama Medical Licensure Commission revoked Gayle’s license, and the other two clinics closed shortly after that.

    Gayle admitted that she had unlawfully distributed drugs, including oxycodone, hydrocodone, and methadone.

    Gayle and Davis both admitted to having conspired to commit health care fraud for several years by billing insurers for office visits under Gayle’s name even when she did not see the patients, was not in the same building, and sometimes was not in the same town. The defendants knew that the billing scheme was fraudulent. In 2015, Blue Cross Blue Shield of Alabama audited the practice and discovered that Gayle was absent, other staff were seeing patients, and yet all office visits were being billed under Gayle’s name. Blue Cross flagged the issue, and Gayle promised it would stop. Instead, the practice continued fraudulently billing insurers for office visits for the next four years. In total, between 2015 and 2020, Medicare, Medicaid, and Blue Cross paid more than $2.3 million for office visits billed under Gayle’s name.

    Gayle and Davis both also admitted to having conspired to commit wire fraud. In March 2020, based on concerns about her prescribing and billing practices, Gayle’s Alabama medical license was revoked.  Months later, Gayle and Davis applied for and obtained more than $450,000 in COVID-19 disaster relief funds through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. Those funds were designed to stabilize businesses struggling because of the pandemic. In their funding applications, Gayle and Davis certified that their medical practice needed the money because of economic uncertainty or injury caused by the pandemic. In reality, Gayle and Davis’s practice had closed, and they used COVID-19 funds they received on other things. 

    The FBI, DEA, and HHS-OIG investigated the case. The Medicaid Fraud Control Unit of the Alabama Attorney General’s Office provided exceptional investigative assistance after the Alabama Medicaid Agency’s Program Integrity Division initiated the case and referred it. Assistant U.S. Attorneys J.B. Ward and Ryan Rummage prosecuted the case. 

    MIL Security OSI –

  • MIL-OSI USA: It’s Been a Week: Statement on Amendments to Exchange Act Rule 15c3-3

    Source: Securities and Exchange Commission

    Rule 15c3-3 plays a key role in advancing the Commission’s investor protection mandate. It requires broker-dealers to safeguard customer assets, which helps to ensure that, should a broker-dealer fail, it can self-liquidate in an orderly manner that protects its customers’ ability to access her assets.[1] A successful self-liquidation permits customers to gain access to their funds much more quickly than possible if they are required to pursue their claims in a liquidation administered by the Securities Investor Protection Corporation.

    The rule the Commission is adopting today increases, for the largest broker-dealers, the frequency at which they must perform the reserve calculations to determine how much cash and qualified securities they must deposit into their special reserve bank accounts. These calculations are used to ensure that a broker-dealer has set aside the net cash that it owes its customers and other broker-dealers, which could be used to facilitate an orderly self-liquidation. Instead of performing these calculations weekly, the amended rule will require that broker-dealers with average total credits over the past twelve months of $500 million or more perform these calculations daily. The increased frequency should reduce potential mismatches that could increase the risk that investors will experience a delay in recovering their assets—or suffer loss—in the event of a broker-dealer failure.

    The final amendments to Rule 15c3-3 are not perfect. It will increase costs and operational challenges for 40 of the estimated 49 carrying broker-dealers that will be subject to this daily computation requirement, and the rule could have done more to address the treatment of funds that will be placed in sweep accounts on the next business day. On the other hand, the final amendments do incorporate an increased threshold for triggering the requirement that mitigates some of the costs. In addition, it allows carrying broker-dealers that use the alternative method for net capital and perform a daily customer reserve computation to reduce their aggregate debit items by 2% (instead of the 3% that is currently required). On balance, I believe the amendments are net beneficial to investors.

    I hope that broker-dealers will take the Commission up on its invitation to engage with the staff on potential issues in dealing with what one commenter called “cash in motion.”[2] I also look forward to receiving feedback on any operational challenges that arise as broker-dealers implement these requirements, particularly with respect to exigent circumstances and potential challenges with resources around holidays and days when the markets close early.

    I would like to thank the staff in the Division of Trading and Markets, the Division of Economic and Risk Analysis, and in the Office of General Counsel for their hard work on this rule. I hope that you all are able to get some rest over the holidays.

    [1] See Exchange Act Rule 15c3-3; Michael P. Jamroz, The Customer Protection Rule, 57 The Business Lawyer 1069, 1069-1070.

    MIL OSI USA News –

  • MIL-OSI USA: With New Tobacco Enforcement Law Set to Go into Effect January 1st, Attorney General Bonta Releases Guidance to Businesses

    Source: US State of California Department of Justice

    Friday, December 20, 2024

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

    SACRAMENTO — California Attorney General Rob Bonta today released guidance to help businesses across the state comply with the new law regarding implementation of the flavored tobacco ban. Effective January 1, 2025, Assembly Bill (AB) 3218, builds on the implementation of the flavored tobacco ban (SB 793, 2019) by enacting new enforcement efforts from the Attorney General’s office and the establishment of a list of all tobacco products that are permissibly unflavored and allowed to be sold in California.
     
    “Young children across our state are still being lured into harmful addiction through flavored tobacco products. It’ll take a collective effort, including state and local enforcers, to address illicit access to these products,” said Attorney General Bonta. “This new law will provide my office with the tools and support needed to hold those who are responsible for illegal sales accountable and help sellers looking to meet their obligations come into full compliance with the law.”
     
    Tobacco companies make and market flavored tobacco products, which come with high nicotine content in a myriad of kid-friendly flavors, and that are widely available for purchase in stores and on the Internet. Usage of these products among youth has remained a persistent problem, specifically among middle school students. 

    AB 3218 will help ensure full compliance of the flavored tobacco ban by:

    • Establishing a publicly available list of all tobacco products that are permissibly unflavored under the state’s flavored tobacco restrictions. 
    • Authorizing the Attorney General to seek civil penalties against sellers for selling products not appearing on the Unflavored List.
    • Rendering products not appearing on the Unflavored List subject to seizure, aiding in enforcement efforts by state or local law enforcement agencies.
    • Revising the definition of a prohibited “characterizing flavor” to specifically include products that impart menthol-like cooling sensations, as well as other flavors that are “distinguishable by an ordinary consumer.”

    Copies of the bulletins can be found here and here. 

    # # #

    MIL OSI USA News –

  • MIL-OSI Security: Habitant — Valley Integrated Street Crime Enforcement Unit seizes loaded firearms

    Source: Royal Canadian Mounted Police

    Valley Integrated Street Crime Enforcement Unit (VISCEU) seized loaded firearms and illicit drugs from a residence in Habitant.

    On December 19, VISCEU safely arrested a man at a residence on Hwy. 221 in Habitant then searched the home as part of an ongoing investigation.

    During the search, officers seized two loaded firearms; one in the vehicle and one inside the residence. Officers also seized an unloaded rifle, brass knuckles, pre-packaged cocaine, methamphetamine, and a quantity of cash.

    Dawson Andrew Elliott, 25, of Habitant, has been charged with offences including:

    • Possession for the Purpose of Trafficking (cocaine and methamphetamine)
    • Possession of a Weapon for Dangerous Purpose (4counts)
    • Unauthorized Possession of a Firearm (3counts)
    • Careless Use of a Firearm (3 counts)
    • Possession of Property Obtained by Crime

    Anyone with information about illicit drugs or firearms in their community are encouraged to contact their nearest RCMP detachment or local police to report a crime. Anonymous tips can be made by calling Nova Scotia Crime Stoppers, toll-free, at 1-800-222-TIPS (8477), submitting a secure web tip at www.crimestoppers.ns.ca, or using the P3 Tips app.

    MIL Security OSI –

  • MIL-OSI USA: United States Joins Lawsuit Against Former Executives of Kabbage Inc. Alleging False Claims Act Violations in Connection with Paycheck Protection Program Lending

    Source: US State of California

    The United States has intervened and filed a complaint against Robert Frohwein, Kathryn Petralia and Spencer Robinson, three former executives of Kabbage Inc., a now-bankrupt financial technology company. The United States alleges that they violated the False Claims Act by submitting and causing the submission of false claims for loan forgiveness, loan guarantees and processing fees to the Small Business Administration (SBA) in connection with Kabbage’s participation in the Paycheck Protection Program (PPP).

    “The PPP was intended to provide critical assistance to eligible businesses during the economic uncertainty caused by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that PPP lenders — including their executives — are held accountable for contributing to the misuse of PPP funds by knowingly failing to comply with applicable program requirements, including approving PPP loans in inflated amounts and to ineligible borrowers.”

    Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The SBA administered the PPP. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans so long as they used loan funds on employee payroll and other eligible expenses. Among other things, participating PPP lenders were required to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application. Lenders were also required to follow applicable Bank Secrecy Act/Anti-Money Laundering requirements to help combat fraud. Any unforgiven or defaulted PPP loans made by lenders were guaranteed by the SBA, so long as the lenders adhered to PPP requirements. Lenders who originated PPP loans were paid a fixed fee calculated as a percentage of the loan amount by the SBA.

    According to the government’s complaint, Frohwein and Petralia co-founded Kabbage in 2008 and served as the company’s chief executive officer and president, respectively, while Robinson formerly served as the company’s head of strategy. Kabbage was approved as a PPP lender in 2020 and approved more than $7 billion in PPP loans that year for which the company was paid more than $217 million in processing fees after certifying that it had complied with all applicable lending requirements.

    The complaint alleges that, between April and October 2020, the defendants knowingly submitted or caused the submission of false claims for loan guarantees, loan forgiveness and processing fees relating to tens of thousands of PPP loans that were systemically inflated due to calculation errors by Kabbage. These errors allegedly included Kabbage’s double-counting of state and local taxes paid by employees and the failure to exclude annual compensation in excess of $100,000 per employee from its calculation of payroll costs. Additionally, the lawsuit alleges that the defendants knowingly submitted or caused the submission of false claims for processing fees related to tens of thousands of PPP loans where Kabbage failed to implement appropriate fraud controls. The government’s complaint alleges that the defendants ignored these violations to maximize PPP processing fees before selling off the majority of Kabbage’s assets in October 2020.

    Kabbage Inc., which is now winding down its operations as KServicing Wind Down Corp. after filing for bankruptcy in the wake of the 2020 asset sale, previously agreed to resolve allegations relating to its role in the submission of false claims to the SBA. As part of that settlement, the United States received a general unsecured claim in the bankruptcy proceeding of up to $120 million, and the company received a credit for $12.5 million that Kabbage returned to SBA during the department’s investigation.

    “The PPP was a light providing hope to businesses in the midst of the shadow of a global pandemic,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “Unfortunately, some unscrupulous lenders and executives took advantage of that situation by lining their pockets with ill-gotten incentive payments from processing PPP loans despite not performing even the most cursory fraud checks or reviews of borrower documentation. Individuals who shirked their responsibilities at the expense of the public fisc must be held accountable. This lawsuit against Kabbage’s former executives demonstrates our firm commitment to holding all parties responsible for their part in causing the submission of false claims to the PPP.”

    “SBA’s lending partners have a responsibility to ensure only eligible borrowers gain access to SBA’s programs,” said Special Agent in Charge Brady Ipock of the SBA Office of Inspector General (SBA OIG)’s Central Region. “SBA OIG stands ready to support the Justice Department in rooting out greed and wrongful actions. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and dedication to pursuing justice in this case.”

    The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Paul Pietschner, a former analyst in Kabbage’s collections department. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done in this case. A defendant who violates the act is subject to liability for three times the government’s losses, plus applicable penalties. 

    On May 17, 2021, Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

    Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

    Trial Attorney Sarah E. Loucks of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Betty Young for the Eastern District of Texas are handling the matter, with assistance provided by the SBA’s Office of General Counsel and Office of the Inspector General.

    The case is captioned United States ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (EDTX).

    The claims asserted by the United States are allegations only. There has been no determination of liability.

    MIL OSI USA News –

  • MIL-OSI USA: Medicare Advantage Provider Independent Health to Pay Up To $98M to Settle False Claims Act Suit

    Source: US State of California

    Independent Health Association and its affiliate, Independent Health Corporation (collectively, Independent Health) have agreed to pay up to $98 million to resolve allegations that they violated the False Claims Act by knowingly submitting or causing the submission of invalid diagnosis codes to Medicare for Medicare Advantage Plan enrollees to increase payments that Independent Health received from Medicare. Independent Health is headquartered in Buffalo, New York.

    Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed care insurance plans called Medicare Advantage Plans (MA Plans). MA Plans are paid a per-person amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. The Centers for Medicare and Medicaid Services (CMS), which oversees the Medicare program, adjusts the payments to MA Plans based on demographic information and the diagnoses of each plan beneficiary. The adjustments are commonly referred to as “risk scores.” In general, a beneficiary with diagnoses more expensive to treat will have a higher risk score, and CMS will make a larger risk-adjusted payment to the MA Plan for that beneficiary.

    Independent Health operates MA plans for beneficiaries living in western New York. As alleged by the United States, Independent Health created a wholly owned subsidiary, DxID LLC, to retrospectively search medical records and query physicians for information that would support additional diagnoses that could be used to generate higher risk scores, and DxID provided these services to Independent Health and other MA Plans. The United States filed a complaint alleging that, from 2011 through at least 2017, Independent Health, with the assistance of DxID and its founder and chief executive, Betsy Gaffney, knowingly submitted diagnoses to CMS that were not supported by the beneficiaries’ medical records in order to inflate Medicare’s payments to Independent Health.

    “The government expects those who participate in Medicare Advantage to provide accurate information to ensure that proper payments are made for the care received by enrolled beneficiaries,” said Deputy Assistant Attorney General Michael Granston of the Justice Department’s Civil Division. “Today’s result sends a clear message to the Medicare Advantage community that the United States will take appropriate action against those who knowingly submit inflated claims for reimbursement.”

    “To protect the integrity of Medicare and other federal health care programs, my office is committed to ensuring that each and every dollar meant for Medicare beneficiaries is spent appropriately and in accordance with the law,” said U.S. Attorney Trini E. Ross for the Western District of New York. “As this settlement makes clear, we will diligently pursue those who defraud government programs.”

    “Medicare Advantage Plans that attempt to game federal programs for profit must be held accountable through rigorous oversight and enforcement,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our law enforcement partners to root out fraud, waste and abuse in federal health care programs.”

    Under the terms of the settlement, Independent Health will make guaranteed payments of $34,500,000 and contingent payments of up to $63,500,000 on behalf it itself and DxID, which ceased operations in 2021. The settlement is based on Independent Health’s ability to pay. Gaffney will separately pay $2,000,000.

    In connection with the settlement, Independent Health entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Independent Health hire an Independent Review Organization to annually review a sample of Independent Health’s Medicare Advantage patients’ medical records and associated internal controls to help ensure appropriate risk adjustment payments.

    The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Teresa Ross, a former employee of Group Health Cooperative, now Kaiser Foundation Health Plan of Washington (Kaiser). Under the qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits as it has done in this case. Ms. Ross will receive at least $8,212,500 of the settlement announced today. Ms. Ross also alleged that Kaiser employed DxID to identify additional diagnoses to be submitted to Medicare for risk adjustment, and the United States previously settled those claims with Kaiser.

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

    Attorneys Samson Asiyanbi and David Wiseman of the Civil Division’s Fraud Section and Assistant U.S. Attorney David Coriell and investigator Peggy McFarland for the Western District of New York handled the matter, with assistance from the HHS-OIG Buffalo Regional Office.

    The case is captioned United States ex rel. Ross v. Independent Health Association et al., No. 12-CV-0299(S) (WDNY).

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

    View the settlement here.

    MIL OSI USA News –

  • MIL-OSI USA: United States and Arizona File to Effect Transfer of Land to Be Held in Trust for the Hopi Tribe

    Source: US State of California

    The Justice Department, the Department of the Interior (DOI), the State of Arizona and the Hopi Tribe today announced the filing of a “friendly condemnation” to effect the historic transfer of more than 20,000 acres of land from Arizona to the United States to be held in trust for the Hopi Tribe. Upon the deposit by the Hopi Tribe of $3.9 million, which serves as an estimate of just compensation for the benefit of the State of Arizona, into the Registry of the U.S. District Court for the District of Arizona, these lands will be owned by the United States and then immediately placed into trust for the Hopi Tribe. The lands being transferred are interspersed with Hopi-owned lands and have long been leased to the Hopi Tribe for ranching purposes.

    This is the first of an anticipated series of condemnation actions to ultimately transfer approximately 110,000 acres from Arizona to the United States in trust for the Hopi Tribe. As with subsequent actions, today’s condemnation is filed with the concurrence of Arizona and authorized by the Navajo-Hopi Land Dispute Settlement Act of 1996, which ratified a 1995 resolution to a long-running land dispute in northeastern Arizona between the Hopi Tribe, the Navajo Tribe and the United States. When the title is transferred to the United States, DOI will take the lands into trust for the Hopi Tribe.

    “Today’s filing starts the process of eliminating the interspersed ownership that characterizes much of the lands the Hopi Tribe uses for ranching in northeast Arizona, as was envisioned by the Settlement Act of 1996,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Arizona will receive just compensation for the land, and the Hopi Tribe will no longer have to deal with checkerboarded ownership, which will help improve its use for ranching and other agriculture activities.”

    “Today’s filing could initiate historic transfer of more than 20,000 acres back into Hopi Tribe ownership, a first step in the process to transfer an overall 110,000 acres into trust for the Tribes,” said Solicitor Bob Anderson of the Department of the Interior. “All parties stand to benefit, as the State of Arizona will receive just compensation and the Hopi Tribe will take on cohesive ownership across lands that hold sacred and economic significance and will support ranching and agricultural activities of their communities.”

    “After nearly three decades of the Hopi fighting for their rights, I’m proud to enter into this historic agreement,” said Arizona Governor Katie Hobbs. “Every Arizonan should have an opportunity to thrive and a space to call home, and this agreement takes us one step closer to making those Arizona values a reality. While politicians of the past refused to hear the voices of tribal communities in our state, I’m so glad to work side-by-side with them as we build a state that gives every family opportunity. I look forward to continued partnership with Chairman Nuvangyaoma and the 22 tribal governments across our state.”

    “Today is not only a historic day, it is also a day of celebration for the Hopi Tribe. The 1996 Hopi-Navajo Land Settlement Act is being fulfilled; the Hopi Tribe signed the settlement with the United States 30 years ago,” said Chairman Timothy L. Nuvangyaoma of the Hopi Tribe. “I am grateful to everyone who worked on making this a reality; I want to acknowledge the hard-working staff at the Governor’s office, the Arizona State Land Commission, the Department of the Interior and the Department of Justice. A special thank you to Governor Hobbs, Secretary Haaland and Commissioner Sahid for their leadership, collaboration and dedication to this effort. Within Hopi, it is our time of the Soyal’ang ceremony — the start of the New Year and the revitalization of life. It is fitting that this historic moment coincides with such an important time.”

    The acquisition includes all appurtenant water and mineral rights owned by Arizona. However, it is subject to, and will not affect, existing easements and rights of way for public highways and utilities and similar encumbrances.

    Attorneys from ENRD’s Land Acquisition Section are handling the matter.

    MIL OSI USA News –

  • MIL-OSI USA: Jordanian National Pleads Guilty to Explosives Threats and Attack on Energy Facility

    Source: US State of California

    Hashem Younis Hashem Hnaihen, 44, of Orlando, pleaded guilty today to four counts of threatening to use explosives and one count of destruction of an energy facility.

    “With this plea, we are holding this defendant accountable for his threats to carry out hate-fueled mass violence in our country, motivated in part by his desire to ‘warn’ businesses because of their perceived support of Israel,” said Attorney General Merrick B. Garland. “The Justice Department will fiercely protect the right of every person to peacefully express their opinions, beliefs, and ideas, but we have no tolerance for acts and threats of hate-fueled violence that create lasting fear.”

    “Today, the defendant is admitting he attacked a solar power facility, damaged a number of Florida businesses, and left a series of threatening messages about perceived support for Israel,” said Director Christopher Wray of the FBI. “Violence, destruction of property, and threats are simply unacceptable. The FBI will work with our partners to pursue and hold accountable those who commit illegal and destructive acts and cause our citizens to fear for their safety and livelihoods.”

    According to court documents, beginning around June, Hnaihen targeted and attacked businesses in the Orlando area for their perceived support for Israel. Wearing a mask, under the cover of night, Hnaihen smashed the glass front doors of businesses and left behind “Warning Letters.”

    In his letters, which were addressed to the U.S. government, Hnaihen laid out a series of political demands, culminating in a threat to “destroy or explode everything here in whole America. Especially the companies and factories that support the racist state of Israel.”

    Hnaihen’s attacks escalated. At the end of June, as law enforcement worked to identify the masked attacker, Hnaihen broke into a solar power generation facility in Wedgefield, Florida, and spent hours systematically destroying solar panel arrays. He smashed panels, cut wires, and targeted critical electronic equipment. Hnaihen left behind two more copies of his threatening demand letter. Hnaihen’s attacks caused nearly $500,000 in damage.

    Following a multiagency effort, law enforcement identified Hnaihen and arrested him on July 11, shortly after another “warning letter” threatening to “destroy or explode everything” was discovered at an industrial propane gas distribution depot in Orlando.

    Hnaihen faces a maximum penalty of 10 years in prison for each threat offense and a maximum penalty of 20 years in prison for the destruction of an energy facility offense. Hnaihen has also agreed to make full restitution to the victims of the offenses. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The FBI is investigating the case.

    Assistant U.S. Attorney Richard Varadan for the Middle District of Florida and Trial Attorneys Ryan White and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.

    MIL OSI USA News –

  • MIL-OSI Security: United States and Arizona File to Effect Transfer of Land to Be Held in Trust for the Hopi Tribe

    Source: United States Attorneys General

    The Justice Department, the Department of the Interior (DOI), the State of Arizona and the Hopi Tribe today announced the filing of a “friendly condemnation” to effect the historic transfer of more than 20,000 acres of land from Arizona to the United States to be held in trust for the Hopi Tribe. Upon the deposit by the Hopi Tribe of $3.9 million, which serves as an estimate of just compensation for the benefit of the State of Arizona, into the Registry of the U.S. District Court for the District of Arizona, these lands will be owned by the United States and then immediately placed into trust for the Hopi Tribe. The lands being transferred are interspersed with Hopi-owned lands and have long been leased to the Hopi Tribe for ranching purposes.

    This is the first of an anticipated series of condemnation actions to ultimately transfer approximately 110,000 acres from Arizona to the United States in trust for the Hopi Tribe. As with subsequent actions, today’s condemnation is filed with the concurrence of Arizona and authorized by the Navajo-Hopi Land Dispute Settlement Act of 1996, which ratified a 1995 resolution to a long-running land dispute in northeastern Arizona between the Hopi Tribe, the Navajo Tribe and the United States. When the title is transferred to the United States, DOI will take the lands into trust for the Hopi Tribe.

    “Today’s filing starts the process of eliminating the interspersed ownership that characterizes much of the lands the Hopi Tribe uses for ranching in northeast Arizona, as was envisioned by the Settlement Act of 1996,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Arizona will receive just compensation for the land, and the Hopi Tribe will no longer have to deal with checkerboarded ownership, which will help improve its use for ranching and other agriculture activities.”

    “Today’s filing could initiate historic transfer of more than 20,000 acres back into Hopi Tribe ownership, a first step in the process to transfer an overall 110,000 acres into trust for the Tribes,” said Solicitor Bob Anderson of the Department of the Interior. “All parties stand to benefit, as the State of Arizona will receive just compensation and the Hopi Tribe will take on cohesive ownership across lands that hold sacred and economic significance and will support ranching and agricultural activities of their communities.”

    “After nearly three decades of the Hopi fighting for their rights, I’m proud to enter into this historic agreement,” said Arizona Governor Katie Hobbs. “Every Arizonan should have an opportunity to thrive and a space to call home, and this agreement takes us one step closer to making those Arizona values a reality. While politicians of the past refused to hear the voices of tribal communities in our state, I’m so glad to work side-by-side with them as we build a state that gives every family opportunity. I look forward to continued partnership with Chairman Nuvangyaoma and the 22 tribal governments across our state.”

    “Today is not only a historic day, it is also a day of celebration for the Hopi Tribe. The 1996 Hopi-Navajo Land Settlement Act is being fulfilled; the Hopi Tribe signed the settlement with the United States 30 years ago,” said Chairman Timothy L. Nuvangyaoma of the Hopi Tribe. “I am grateful to everyone who worked on making this a reality; I want to acknowledge the hard-working staff at the Governor’s office, the Arizona State Land Commission, the Department of the Interior and the Department of Justice. A special thank you to Governor Hobbs, Secretary Haaland and Commissioner Sahid for their leadership, collaboration and dedication to this effort. Within Hopi, it is our time of the Soyal’ang ceremony — the start of the New Year and the revitalization of life. It is fitting that this historic moment coincides with such an important time.”

    The acquisition includes all appurtenant water and mineral rights owned by Arizona. However, it is subject to, and will not affect, existing easements and rights of way for public highways and utilities and similar encumbrances.

    Attorneys from ENRD’s Land Acquisition Section are handling the matter.

    MIL Security OSI –

  • MIL-OSI Security: Jordanian National Pleads Guilty to Explosives Threats and Attack on Energy Facility

    Source: United States Attorneys General

    Hashem Younis Hashem Hnaihen, 44, of Orlando, pleaded guilty today to four counts of threatening to use explosives and one count of destruction of an energy facility.

    “With this plea, we are holding this defendant accountable for his threats to carry out hate-fueled mass violence in our country, motivated in part by his desire to ‘warn’ businesses because of their perceived support of Israel,” said Attorney General Merrick B. Garland. “The Justice Department will fiercely protect the right of every person to peacefully express their opinions, beliefs, and ideas, but we have no tolerance for acts and threats of hate-fueled violence that create lasting fear.”

    “Today, the defendant is admitting he attacked a solar power facility, damaged a number of Florida businesses, and left a series of threatening messages about perceived support for Israel,” said Director Christopher Wray of the FBI. “Violence, destruction of property, and threats are simply unacceptable. The FBI will work with our partners to pursue and hold accountable those who commit illegal and destructive acts and cause our citizens to fear for their safety and livelihoods.”

    According to court documents, beginning around June, Hnaihen targeted and attacked businesses in the Orlando area for their perceived support for Israel. Wearing a mask, under the cover of night, Hnaihen smashed the glass front doors of businesses and left behind “Warning Letters.”

    In his letters, which were addressed to the U.S. government, Hnaihen laid out a series of political demands, culminating in a threat to “destroy or explode everything here in whole America. Especially the companies and factories that support the racist state of Israel.”

    Hnaihen’s attacks escalated. At the end of June, as law enforcement worked to identify the masked attacker, Hnaihen broke into a solar power generation facility in Wedgefield, Florida, and spent hours systematically destroying solar panel arrays. He smashed panels, cut wires, and targeted critical electronic equipment. Hnaihen left behind two more copies of his threatening demand letter. Hnaihen’s attacks caused nearly $500,000 in damage.

    Following a multiagency effort, law enforcement identified Hnaihen and arrested him on July 11, shortly after another “warning letter” threatening to “destroy or explode everything” was discovered at an industrial propane gas distribution depot in Orlando.

    Hnaihen faces a maximum penalty of 10 years in prison for each threat offense and a maximum penalty of 20 years in prison for the destruction of an energy facility offense. Hnaihen has also agreed to make full restitution to the victims of the offenses. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    The FBI is investigating the case.

    Assistant U.S. Attorney Richard Varadan for the Middle District of Florida and Trial Attorneys Ryan White and George Kraehe of the National Security Division’s Counterterrorism Section are prosecuting the case.

    MIL Security OSI –

  • MIL-OSI Security: United States Joins Lawsuit Against Former Executives of Kabbage Inc. Alleging False Claims Act Violations in Connection with Paycheck Protection Program Lending

    Source: United States Attorneys General 7

    The United States has intervened and filed a complaint against Robert Frohwein, Kathryn Petralia and Spencer Robinson, three former executives of Kabbage Inc., a now-bankrupt financial technology company. The United States alleges that they violated the False Claims Act by submitting and causing the submission of false claims for loan forgiveness, loan guarantees and processing fees to the Small Business Administration (SBA) in connection with Kabbage’s participation in the Paycheck Protection Program (PPP).

    “The PPP was intended to provide critical assistance to eligible businesses during the economic uncertainty caused by the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that PPP lenders — including their executives — are held accountable for contributing to the misuse of PPP funds by knowingly failing to comply with applicable program requirements, including approving PPP loans in inflated amounts and to ineligible borrowers.”

    Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide federally guaranteed loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The SBA administered the PPP. The CARES Act authorized private lenders to approve PPP loans for eligible borrowers who could later seek forgiveness of the loans so long as they used loan funds on employee payroll and other eligible expenses. Among other things, participating PPP lenders were required to confirm borrowers’ average monthly payroll costs by reviewing the payroll documentation submitted with the borrower’s application. Lenders were also required to follow applicable Bank Secrecy Act/Anti-Money Laundering requirements to help combat fraud. Any unforgiven or defaulted PPP loans made by lenders were guaranteed by the SBA, so long as the lenders adhered to PPP requirements. Lenders who originated PPP loans were paid a fixed fee calculated as a percentage of the loan amount by the SBA.

    According to the government’s complaint, Frohwein and Petralia co-founded Kabbage in 2008 and served as the company’s chief executive officer and president, respectively, while Robinson formerly served as the company’s head of strategy. Kabbage was approved as a PPP lender in 2020 and approved more than $7 billion in PPP loans that year for which the company was paid more than $217 million in processing fees after certifying that it had complied with all applicable lending requirements.

    The complaint alleges that, between April and October 2020, the defendants knowingly submitted or caused the submission of false claims for loan guarantees, loan forgiveness and processing fees relating to tens of thousands of PPP loans that were systemically inflated due to calculation errors by Kabbage. These errors allegedly included Kabbage’s double-counting of state and local taxes paid by employees and the failure to exclude annual compensation in excess of $100,000 per employee from its calculation of payroll costs. Additionally, the lawsuit alleges that the defendants knowingly submitted or caused the submission of false claims for processing fees related to tens of thousands of PPP loans where Kabbage failed to implement appropriate fraud controls. The government’s complaint alleges that the defendants ignored these violations to maximize PPP processing fees before selling off the majority of Kabbage’s assets in October 2020.

    Kabbage Inc., which is now winding down its operations as KServicing Wind Down Corp. after filing for bankruptcy in the wake of the 2020 asset sale, previously agreed to resolve allegations relating to its role in the submission of false claims to the SBA. As part of that settlement, the United States received a general unsecured claim in the bankruptcy proceeding of up to $120 million, and the company received a credit for $12.5 million that Kabbage returned to SBA during the department’s investigation.

    “The PPP was a light providing hope to businesses in the midst of the shadow of a global pandemic,” said U.S. Attorney Damien M. Diggs for the Eastern District of Texas. “Unfortunately, some unscrupulous lenders and executives took advantage of that situation by lining their pockets with ill-gotten incentive payments from processing PPP loans despite not performing even the most cursory fraud checks or reviews of borrower documentation. Individuals who shirked their responsibilities at the expense of the public fisc must be held accountable. This lawsuit against Kabbage’s former executives demonstrates our firm commitment to holding all parties responsible for their part in causing the submission of false claims to the PPP.”

    “SBA’s lending partners have a responsibility to ensure only eligible borrowers gain access to SBA’s programs,” said Special Agent in Charge Brady Ipock of the SBA Office of Inspector General (SBA OIG)’s Central Region. “SBA OIG stands ready to support the Justice Department in rooting out greed and wrongful actions. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their support and dedication to pursuing justice in this case.”

    The lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Paul Pietschner, a former analyst in Kabbage’s collections department. The FCA permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The FCA also permits the United States to intervene in such an action, as it has done in this case. A defendant who violates the act is subject to liability for three times the government’s losses, plus applicable penalties. 

    On May 17, 2021, Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across the federal government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

    Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

    Trial Attorney Sarah E. Loucks of the Civil Division’s Commercial Litigation Branch, Fraud Section and Assistant U.S. Attorney Betty Young for the Eastern District of Texas are handling the matter, with assistance provided by the SBA’s Office of General Counsel and Office of the Inspector General.

    The case is captioned United States ex rel. Pietschner v. Kabbage, Inc., et al., No. 4:21-cv-110-SDJ (EDTX).

    The claims asserted by the United States are allegations only. There has been no determination of liability.

    MIL Security OSI –