NewzIntel.com

Category: US Department of Justice

  • MIL-OSI Security: Bellair Man Indicted For Covid Loan Fraud Using Deceased Former Business Partner’s Identity

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

    Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Stephen L. Gurba (68, Belleair) with wire fraud, making a false statement to a financial institution, and aggravated identity theft. If convicted, Gurba faces a maximum penalty of 20 years in prison on each count of wire fraud (2 counts), 30 years in prison on the false statement count, and a 2-year mandatory term of imprisonment on the aggravated identity theft counts (2 counts). The indictment also notifies Gurba that the United States intends to forfeit approximately $1.2 million, which is alleged to be traceable to proceeds of the offenses.

    According to court documents, between March and June 2020, Gurba submitted false and fraudulent Economic Injury Disaster Loan (EIDL) applications and supporting documentation on behalf of Big Red Express Trucking, LLC and Zenith Express, LLC. To obtain approval and funding for the Big Red and Zenith EIDL loans, Gurba fraudulently assumed the identity of his former business partner who passed away in 2019, listed his former business partner’s name, signature, and other means of identification on the EIDL loan applications certifying under criminal penalty that the applications were true and correct. Gurba also used his deceased business partner’s name and forged his signature on the EIDL loan authorization agreements and loan notes he submitted to the Small Business Administration (SBA). During post-loan related communications with the SBA, Gurba continued to impersonate his deceased business partner. As a result of his fraudulent scheme, Gurba induced the SBA to approve and fund the Big Red and Zenith EIDL loans.

    Additionally, Gurba applied for a Paycheck Protection Program (PPP) loan on behalf a Big Red from an SBA authorized financial institution. Gurba certified and signed under criminal penalty that all the PPP loan proceeds would be spent on payroll, mortgages, rent, or other SBA authorized expenses. In reality, Gurba used the majority of the PPP proceeds to enrich himself, family members, payoff unrelated business debts, and other impermissible expenses. As a result of Gurba’s false statement, the financial institution approved and funded a $955,448.75 PPP loan to Big Red.

    An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

    This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the Small Business Association – Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

    On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across 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 criminal actors and assists agencies tasked with administering relief programs to prevent fraud by 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 Justice.gov/Coronavirus and Justice.gov/Coronavirus/CombatingFraud.

    Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.

    MIL Security OSI –

  • MIL-OSI Security: Mason City Woman Sentenced to Over Three Years in Federal Prison for Being a Drug User in Possession of Firearms

    Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)

    A drug user who possessed firearms was sentenced November 1, 2024, to 37 months in federal prison.

    Brittany Graham, age 37, of Mason City, Iowa, received the sentence after a June 3, 2024, guilty plea to one count of being a prohibited person in possession of firearms.  At the plea hearing, Graham admitted that, in August 2022, she possessed four handguns while she was an unlawful user of marijuana.  The evidence at sentencing showed that Graham had possessed seven handguns since 2018.  Other prohibited persons later possessed some of these guns, including a .357 magnum revolver that was seized from a felon in Chicago less than seven months after Graham purchased it.

    Graham was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Graham was sentenced to 37 months’ imprisonment.  She must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.   

    This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

    This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mason City Police Department, the Cerro Gordo County Sheriff’s Office, and the Iowa Division of Criminal Investigation.

    Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 23-3014.

    Follow us on Twitter @USAO_NDIA.

    MIL Security OSI –

  • MIL-OSI Security: U.S. Attorney Announces District Election Officer for 2024 General Election

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

    LAS VEGAS – United States Attorney Jason M. Frierson announced today that Assistant United States Attorney (AUSA) Daniel R. Schiess will lead the efforts for the District of Nevada in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Schiess has been appointed to serve as the District Election Officer (DEO) for the District of Nevada, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

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

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

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

    United States Attorney Frierson stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Schiess will be on duty in this District while the polls are open. He can be reached by the public at the following telephone numbers: 702-388-6336.”

    In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 702-385-1281.

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

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

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

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    MIL Security OSI –

  • MIL-OSI USA: Attorney General Bonta, Newsom Administration File Lawsuit Against Norwalk Over Unlawful Housing Ban

    Source: US State of California

    Lawsuit seeks court order compelling Norwalk to repeal housing ban

    LOS ANGELES — California Attorney General Rob Bonta, Governor Gavin Newsom, and California Department of Housing and Community Development (HCD) Director Gustavo Velasquez today announced filing a lawsuit against the City of Norwalk over its unlawful ban on new housing for California’s most vulnerable residents, including emergency shelters, single-room occupancy housing, transitional housing, and supportive housing. Filed in the Los Angeles County Superior Court, the lawsuit alleges that Norwalk’s ban violates numerous state laws and seeks an order compelling the city to repeal its ban. In addition, the lawsuit asks the court to impose other remedies afforded under state law such as temporarily suspending the city’s nonresidential permitting authority and prohibiting the city from denying qualifying affordable housing projects. 

    “Today’s lawsuit should come as no surprise. Despite receiving several warnings, the City of Norwalk has refused to repeal its unlawful ban on new supportive housing for our most vulnerable residents. Enough is enough,” said Attorney General Rob Bonta. “Every city and county in California has a legal obligation to help solve our homelessness crisis. We have not, and will not hesitate, to ensure that everyone with the power to approve or disapprove housing takes their duties seriously.”

    “The Norwalk City Council’s failure to reverse this ban, despite knowing it is unlawful, is inexcusable,” said Governor Gavin Newsom. “No community should turn its back on its residents in need.”

    “Norwalk’s moratorium on housing for its most vulnerable residents is not only unlawful — it is a rejection of people’s basic health, safety, and humanity,” said HCD Director Gustavo Velasquez. “We’re grateful for the Attorney General’s partnership to ensure all cities and counties are held accountable when they fail to comply with state housing law. I am disappointed the city did not reverse course on its own accord, choosing instead to waste time and public resources and be forced by the court to do the right thing.”

    Today’s lawsuit alleges that Norwalk has violated (1) California’s urgency ordinance statute; (2) the Housing Crisis Act; (3) the Housing Element Law; (4) the Anti-Discrimination in Land Use Law; (5) the Affirmatively Furthering Fair Housing Law; and (6) the by-right laws for supportive housing and emergency shelters.

    On July 13, 2023, Attorney General Bonta issued legal guidance to local governments, reminding them of the strict requirements under state law for enacting so-called “urgency zoning ordinances.” The California Department of Justice observed that some local jurisdictions were responding to state housing laws passed in recent years by enacting such ordinances in an apparent attempt to limit or circumvent state housing mandates. Under California Government Code Section 65858, urgency zoning ordinances require written “legislative findings that there is a current and immediate threat to the public health, safety, or welfare” demanding immediate action.

    Without the required legislative findings or any deliberation, the five-member Norwalk City Council unanimously passed on August 6, 2024 an urgency zoning ordinance imposing a 45-day ban, or moratorium, on new supportive housing. On September 16, 2024, HCD issued a Notice of Violation to the city, warning of impending legal action if the city did not repeal the ban. Despite the warning, the Norwalk City Council unanimously extended the ban on September 17, 2024 for an additional 10 months and 15 days, once again without the required legislative findings or any deliberation. On October 3, 2024, Governor Gavin Newsom announced that HCD had decertified Norwalk’s housing element. Without a compliant housing element, Norwalk can no longer deny certain affordable housing projects and is no longer eligible to receive key state housing and homelessness funds. To date, Norwalk has not repealed the ban. 

    A copy of the lawsuit can be found here.

    MIL OSI USA News –

  • MIL-OSI USA: Following Casey’s Push for Injunction, Court Temporarily Halts Charleroi Plant Closure

    US Senate News:

    Source: United States Senator for Pennsylvania Bob Casey
    Earlier this month, Casey released a report exposing how private equity machinations have culminated in decision to close Charleroi Pyrex plant
    Casey called for federal investigation into the shady business dealings and injunction to protect PA workers
    Washington, D.C. – Today, U.S. Senator Bob Casey released the following statement after a federal district court issued a temporary restraining order against Anchor Hocking at the request of Pennsylvania Attorney General Michelle Henry, temporarily blocking the closure of the Charleroi Pyrex plant pending a formal hearing. Last month, Casey released a report exposing how questionable financial engineering and shady business deals by a private equity firm had culminated in the decision to close the plant, and urged officials to block the plant closure pending a full investigation into the matter.
    “Charleroi has a generational legacy of glass manufacturing, and the plant’s closure would be a slap in the face to the workers, their community, and the people of Pennsylvania,” said Senator Casey. “It’s clear that enforcement agencies must continue to investigate the shady business dealings and private equity machinations that have culminated in this attempted closure. This is a temporary measure, but it is an important first step and I’m thankful to the Attorney General’s office for taking this action. I will continue working every day to protect union jobs and hold Wall Street executives accountable for the havoc they are wreaking in our Commonwealth.”
    Immediately upon learning of Anchor Hocking’s plans to close the plant on September 5th, Senator Casey’s office reached out to the plant’s union leadership and Charleroi Borough officials, connecting them with federal and state authorities. Casey’s office also helped convene a task force of county commissioners, borough officials, and local economic development leaders. Casey’s staff also alerted the White House Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization to the situation, leading to several federal officials visiting Charleroi on September 11th. On September 19th, Senator Casey sent a letter to Anchor Hocking demanding an explanation for the closure and imploring the company to reconsider its actions. On September 20th, Senator Casey and Senate Finance Committee Chair Senator Ron Wyden successfully requested a joint confidential briefing with the Federal Trade Commission (FTC) on questions concerning Anchor Hocking’s assumption of control of the Pyrex manufacturing operation in Charleroi.
    On October 18, Casey released a report, Charleroi, PA: An Example of How Private Equity is Shattering the Glass Industry and Leaving Workers Behind, which exposed the questionable financial engineering and shady business deals that culminated in Centre Lane’s recent decision to close the plant, leaving its workers as collateral damage. In the report and a follow up letter to FTC Chair Lina Khan, Casey called on the Federal Trade Commission (FTC) and Department of Justice (DOJ) to take action to block the plant closure pending the outcome of a full investigation into the private equity firm for its efforts to potentially evade regulatory rules, strip the plant bare, and lay off Pennsylvania workers. In addition to his efforts at the federal level, Senator Casey has also been in touch with state officials in Pennsylvania to advocate for state action that could prevent the plant closure pending a full investigation into these concerns.

    MIL OSI USA News –

  • MIL-OSI USA: New England Doctor Pleads Guilty to Drug Distribution Conspiracy

    Source: US State of North Dakota

    A New England doctor pleaded guilty today to conspiring to illegally distribute controlled substances. This is the first joint prosecution of a doctor by the Justice Department’s New England Strike Force and U.S. Attorney’s Office for the District of Vermont.

    “The defendant, a medical doctor based in New England, prescribed drugs to vulnerable patients in exchange for cash, knowing the patients were diverting the drugs,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases brought by the New England Strike Force, including today’s conviction, demonstrate the Criminal Division’s commitment to holding accountable medical professionals who endanger local communities by putting profits above their patients’ wellbeing.”

    “When we announced the creation of the New England Strike Force, we said we would be focusing on medical professionals who put profits over their patients,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Khan is an example of that — a bad apple in a profession that takes an oath to uphold ethical standards and treat patients as you would want to be treated. Putting profits over patients is a severe violation of that oath, and, in this case, a violation of federal criminal law. Today’s guilty plea is another step in holding Khan liable for his illegal conduct.”

    According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire, conspired with others to illegally distribute controlled substances through his business, New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics in New England that purportedly provided clinical treatment services for persons suffering from substance use disorder. Khan and a co-conspirator prescribed controlled substances to NEMCA patients despite knowing that their patients were diverting the prescriptions. Khan admitted that he and others required cash for purported office visits to received controlled substance prescriptions and falsified medical records to justify his illegal prescribing practices.

    During the conspiracy, Khan emailed a co-conspirator a Justice Department press release  announcing the creation of the New England Strike Force, a law enforcement partnership whose purpose is to identify and prosecute health care fraud and other criminal schemes impacting the New England region. In response, the co-conspirator stated that it is “clear that [references in the release to] ‘making profit off of patients’ is geared towards folks like us. Curious where this will lead.” Khan then emailed NEMCA staff and stated that “there is a new task force…[for the New England states] on the lookout for medical professionals who are prescribing scheduled meds irresponsib[ly], etc.” Khan warned his staff that “[i]t is not a matter of if someone from such a task force will visit NEMCA but rather a matter of time.” Khan then ordered his staff “NOT to engage or discuss anything [with the  New England Strike Force] about NEMCA, what we do, what we offer, fees, etc.”

    “Rather than providing responsible addiction treatment to his patients, Khan ran his medical practice with the corruption and recklessness of a common drug dealer,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “His actions put patients and the community at risk. Today’s guilty plea is the result of a coordinated effort with our law enforcement partners as we continue our fight against addiction and the opioid epidemic.”

    “Khan and his co-conspirator exploited vulnerable patients and cashed in on the very dependencies he was entrusted to treat,” said Special Agent in Charge Craig Tremaroli of the FBI Albany Field Office. “Today’s plea proves he is no better than a street level drug dealer motivated by pure greed as opposed to the oath he took to ‘first, do no harm’ to his patients. The FBI will continue to work with our partners on the New England Strike Force and U.S. Attorney’s Office to identify and bring to justice any practitioner looking to line their pockets in complete disregard for patient welfare and viability of our healthcare framework.”

    “Our communities deserve honest and trustworthy medical practitioners,” said Acting Diversion Program Manager George J. Lutz Jr. of the Drug Enforcement Administration (DEA)’s New England Field Division. “Individuals betraying this trust through the illegal prescribing of controlled substances will be fully investigated by the DEA. Today’s guilty plea reinforces the value of the coordinated efforts with our law enforcement partners working alongside prosecutors to hold corrupt and reckless practitioners accountable for their actions.”

    “So many Vermonters have been impacted by the opioid epidemic, which is why we must hold bad actors accountable, particularly physicians who use their prescribing power and their positions of authority to profit from their patients’ pain and suffering,” said Vermont Attorney General Charity R. Clark on behalf of the office’s Medicaid Fraud & Residential Abuse Unit. “I am proud to partner with the U.S. Attorney’s Office and Department of Justice in this effort.”

    Khan and a co-conspirator required patients — many of whom were economically disadvantaged — to pay $250 cash in exchange for drug prescriptions, despite many of these patients’ having health care benefit coverage. If a patient could not afford the full cash payment, Khan would lower the dosage of that patient’s prescription. Khan then used funds that he earned from these patients to, among other things, purchase an airplane and multiple properties in New England. Khan would also personally deposit the cash that he received from patients, including deposits in excess of $10,000, at his bank.

    Khan also admitted that he and a co-conspirator discussed their concern that, because pharmacies were no longer willing to fill the prescriptions, NEMCA might lose “dishonest” patients who were “selling their meds.” Khan said that their “honest patients” were “the smaller part of [NEMCA’s] clientele” and advised a co-conspirator that “it’s the diverters [of the drugs that] we need to try to figure out a way to retain.” A co-conspirator emailed Khan, suggesting that they give $100 “scholarships” to patients who owed them money. Khan responded he was “[s]tuck on ‘who’ should get them. S[******] patients owe me so much that $100 won’t even put a dent on their account and they probably won’t appreciate it. Maybe the borderline ones who are just over the $250 threshold? They would probably get on their knees in gratitude.”

    Khan pleaded guilty to one count of conspiring to illegally distribute controlled substances. A sentencing hearing will be scheduled on a later date. Khan faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    As a condition of Khan’s release, he is prohibited from writing prescriptions for controlled substances.

    The HHS-OIG, FBI, DEA, and Vermont Attorney General’s Office’s Medicaid Fraud and Residential Abuse Unit investigated the case.

    Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

    The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

    The Vermont Attorney General’s Office Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

    Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

    MIL OSI USA News –

  • MIL-OSI USA: Reed Denounces Trump’s Dark Suggestion That Political Rival Should Have “Guns Trained on Her Face”

    US Senate News:

    Source: United States Senator for Rhode Island Jack Reed
    PROVIDENCE, RI — After former President Donald Trump suggested last night that former U.S. Representative Liz Cheney (R-WY) should have guns “trained on her face,” U.S. Senator Jack Reed (D-RI) condemned Trump’s increasingly violent and unhinged rhetoric and warned that Trump could try to purge the U.S. military, U.S Intelligence, and U.S. Department of Justice of professionals and stock them with extremists who swear an oath to Trump instead of the Constitution.  Today, Senator Reed stated:
    “Unlike Liz Cheney or Donald Trump, I actually opposed the war in Iraq and voted against it.  But there is no excuse for Trump’s vile, violent, and unhinged suggestion that a former member of Congress should be targeted like this and have guns trained on her face. 
    “People, including myself, may not agree with Liz Cheney on policy, but she respects the Constitution and the rule of law.  Donald Trump has shown through word and deed that he puts himself above the law.  
    “Trump has made it clear that he wants to get rid of dedicated, career public servants who have sworn an oath to the Constitution in order to replace them with extremists who will not hesitate to act, without question, on his strange and disturbing statements.  His attitude and rhetoric point to him firing competent officers and replacing them with people who swear allegiance to him, not the Constitution.
    “That is very disturbing, completely unprecedented, and should be widely condemned.”

    MIL OSI USA News –

  • MIL-OSI Security: Addressing Hate Crimes | COPS OFFICE

    Source: United States Department of Justice (Hate Crime)

    Trust is foundational to public safety. When a community is impacted by distrust of law enforcement, or violence and/or hate from others in the community, it is vital to foster healing and inclusion, and empower citizens to work in collaboration with law enforcement. COPS Office resources highlight effective approaches that law enforcement can use to lead the healing of distressed communities.

    HATE CRIME RESOURCES

    Hate Crimes: Recognition and Reporting enhances law enforcement’s response and the uniform patrol officer’s ability to recognize and report a hate crime. This includes addressing victim needs, reporting incidents, and building community trust. This curriculum was developed primarily for uniformed law enforcement officers (e.g., police, sheriff deputies, troopers, agents, etc.) and first line supervisors. This training can be delivered as an 8 hour direct or a 16 hour train the trainer.

    Hate Crime Investigations provides step-by-step methods for conducting a thorough hate/bias crime investigation to ensure accurate reporting and successful prosecution. The training provides specific strategies that effectively support victims and engage communities in the aftermath of a hate crime or hate incident. The curriculum was developed primarily for law enforcement personnel with investigatory responsibility (e.g., police, sheriff deputies, troopers, agents), investigators, and local prosecutors. This training is delivered as an 8 hour direct training.

    To request this no cost training, please request via the COPS Office Collaborative Reform Initiative Technical Assistance Center at CRI-TAC.

    NOT IN OUR TOWN

    Not In Our Town works to stop hate, address bullying, and build safe, inclusive communities through Film, new media, and organizing tools that help local leaders build vibrant, diverse cities and towns.

    Gender, Sexuality, and 21st Century Policing: Protecting the Rights of the LGBTQ+ Community      
    LGBTQ+ forum report and recommendations based on input from police departments and LGBTQ+ advocacy groups. The report includes model practices, case studies and sample policies for eliminating bias against the LGBTQ+ community.    		 Stop Hate & Build Inclusion: Resources for Law Enforcement and Community Partners      
    This USB flash drive is a compilation of films and related publications intended to aid Not In Our Town’s (NIOT) national effort to connect people working together to take action against hate and create safe, inclusive communities. Moreover, these resources – along with NIOT’s other films, new media, and organizing tools – can help local leaders build vibrant diverse cities and towns where everyone can participate.

    Not In Our Town:

    		 Lessons to Advance Community Policing: Final Report for 2014 Microgrant Sites     
    In 2013, the COPS Office launched the Microgrant Initiative for Law Enforcement under the Community Policing Development program to facilitate the implementation or advancement of nationwide community policing efforts and address existing gaps in community policing knowledge and tools.
    Community-Based Approaches to Prevention: A Report on the 2014 National Summit on Preventing Multiple Casualty Violence     
    Offers a prevention toolkit adaptable to the needs of individual communities to help prevent multiple casualty violence

    Building Relationships of Trust:
    Innovators 2013: Reducing Crime by Increasing Trust in an Immigrant Community     
    Highlights the efforts of the 2013 L. Anthony Sutin Civic Imagination Award winners    		 Uniting Communities Post-9/11: Tactics for Cultivating Community Policing Partnerships with Arab, Middle Eastern, Muslim, and South Asian Communities     
    Aims to explore how community oriented policing strategies could support homeland security initiatives
    Not In Our Town: Light in the Darkness – A Guide for Law Enforcement     
    Identifies discussion questions and community policing best practices for law enforcement representatives organizing screenings of the PBS documentary film Not In Our Town: Light in the Darkness    		 Stop and Frisk: Balancing Crime Control with Community Relations      
    Discusses stop and frisk’s unintended consequences and a series of practical recommendations the lawful
    Strengthening the Relationship between Law Enforcement and Communities of Color     
    Focuses on identifying what can be done to break the cycle of mistrust and cynicism that for too long has fractured the relationships between the law enforcement and communities of color    		 Building Stronger, Safer Communities     
    Offers leadership strategies and actionable tactics to help law enforcement agencies work with community partners
    Diaster Planning & Recovery: 9-1-1 Center Survivability      
    Addresses questions about preparing 911 centers to sustain a catastrophic event and learning from past experiences    		 E-COP: Using the Web to Enhance Community Oriented Policing     
    Highlights those technologies that are changing the way police are engaging with communities and delivering services
    Engaging Police in Immigrant Communities     
    Highlights promising practices that law enforcement agencies nationwide are using to build effective police-immigrant relations    		 Racial Reconciliation, Truth-Telling, and Police Legitimacy     
    Gives police executives the chance to hear from their own colleagues why racial reconciliation is morally, functionally, and operationally critical
    Bridging the Language Divide: Promising Practices for Law Enforcement     
    Discusses a national assessment of best practices for overcoming language barriers in policing    		 Building Trust Between the Police and the Citizens They Serve     
    Focuses on the pivotal role of the Internal Affairs function in building trust between law enforcement agencies, their staff, and the communities they protect and serve
    Building Strong Police-Immigrant Community Relations: Lessons from a New York City Project     
    Assists police departments, local government officials, and community groups interested in building good relations between the police and immigrant communities    		 Racially Biased Policing: Guidance for Analyzing Race Data from Vehicle Stops Executive Summary     
    Discusses responsible analysis and interpretation of vehicle stop data
    Racially Biased Policing: A Principled Response     
    Assists agencies in meeting the challenge of eradicating racially biased policing    		  

    COPS OFFICE FUNDED RESOURCES

    Vera Institute of Justice     
    Combines research, technical assistance, and demonstration projects to help leaders in civil society improve the systems people rely on for justice and safety

    MIL Security OSI –

  • MIL-OSI Security: U.S. Attorney’s Office Hosts “Protecting Places of Worship” Forum to Enhance Safety and Support for Religious Communities

    Source: United States Department of Justice (Hate Crime)

    On October 24, the U.S. Attorney’s Office held a “Protecting Places of Worship” forum to address security concerns faced by religious communities in the current climate of increased threats. The forum is part of a U.S. Department of Justice Community Relations Service (CRS) program that focuses on safeguarding religious institutions from violence, discrimination, and hate-based incidents. Leaders from diverse faith communities, law enforcement, and federal agencies gathered to discuss collaborative strategies for enhancing security and promoting unity.

    Community leaders and stakeholders gathered on October 24 to discuss collaborative strategies for enhancing security and promoting unity in faith communities.
    The PPOW forum included a panel discussion with faith and community leaders on assessing community safety and ways to prevent targeted violence. 

    Key speakers at the event underscored the importance of fostering resilient partnerships between law enforcement and religious communities. Discussions centered on best practices for threat assessment, active shooter response, and emergency preparedness. Additionally, representatives from CRS and the Department of Homeland Security provided insights into federal resources, such as grants, and other support mechanisms available to religious organizations.

    In addition to security, the forum also addressed the need for greater understanding and respect among communities of different faiths. Religious leaders expressed concerns over rising incidents of hate crimes and emphasized the value of building trust with local authorities to ensure swift, effective responses to potential threats.

    Representatives from the U.S. Attorney’s Office reaffirmed their commitment to protecting the rights of all individuals to worship freely and safely. They highlighted the Office’s proactive role in prosecuting hate crimes and supporting communities through educational initiatives, outreach, and collaboration with religious organizations.

    This forum serves as a reminder of the shared responsibility to safeguard places of worship and promote inclusivity within communities. The U.S. Attorney’s Office remains dedicated to working with community leaders and law enforcement to protect the freedoms that define our nation.

    For more information on resources available to religious institutions, please visit our grant resources page.

    MIL Security OSI –

  • MIL-OSI Security: FBI Jacksonville Special Agent in Charge: Together, We Can Protect Our Communities from Hate Crimes | Federal Bureau of Investigation

    Source: United States Department of Justice (Hate Crime)

    To combat hate crimes, the FBI and our law enforcement partners need your help. If you—or someone you know—are being victimized, report it immediately.

    Video Transcript

    Rehler: I’m Kristin Rehler, Special Agent in Charge of FBI Jacksonville.

    Hate crimes are acts of violence or hostility directed at groups or individuals based on their race, ethnicity, disability, gender, sexual orientation, or religion. This not only causes harm to the victims but also spreads fear and dissension throughout our communities. It’s crucial to understand that these targeted acts against members of our community can’t be tolerated. Every person deserves to live without fear of being victimized for who they are. By standing together against hate crimes, we protect not only the dignity of our fellow citizens but also the values of equality, justice, and freedom.

    To combat hate crimes, the FBI and our law enforcement partners need your help. If you, or someone you know, is being victimized – report it immediately. Call us directly at 904-248-7000 or 1-800-CALL-FBI. If it’s an emergency and you’re in immediate danger, call 9-1-1.

    Take a stand, speak up, and join forces with us in our fight against hate crimes.

    To learn more, visit www.fbi.gov/hatecrimes.

    MIL Security OSI –

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

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

    In keeping with our standard election day protocol, FBI New York has stood up an election command post in preparation for the November 5 election. The command post is staffed 24 hours a day to provide a centralized location for assessing election-related threats in our area of responsibility.

    The FBI has a duty to plan for a host of potential scenarios related to election fraud, voter suppression, foreign malign influence, malicious cyber activity against election infrastructure, and threats to election workers. We are committed to protecting the American public’s right to a fair and safe election.

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

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

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

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

    FBI New York encourages citizens to report allegations of election fraud and other election abuses to the FBI at 1-800-CALL-FBI.

    MIL Security OSI –

  • MIL-OSI Security: Former Miami-Dade Corrections Officer Pleads Guilty to $150,000 COVID-19 Fraud

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

    MIAMI – Yesterday, Daniel Fleureme, 56, of Miami-Dade County, a former Miami-Dade Corrections and Rehabilitation Department (MDCRD) Corrections Officer, pled guilty to wire fraud for defrauding a COVID-19 relief program by fraudulently obtaining an Economic Injury Disaster Loan from the U. S. Small Business Administration (SBA).

    The Coronavirus Aid, Relief and Economic Security (CARES) Act was designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act were Economic Injury Disaster Loans (EIDLs) to eligible small businesses experiencing substantial financial disruptions. These EIDLs were provided directly to borrowers by the SBA.

    On July 27, 2020, Fleureme, while he was employed full-time by MDCRD as a Corrections Officer, submitted to the SBA a false and fraudulent EIDL application claiming to be the 100% owner of a sole proprietorship operating under the company legal and DBA names of “Daniel Fleureme.” In this fraudulent application, Fleureme claimed that he had owned the business since its creation on Feb. 15, 2017, and stated that the business had three employees as of Jan. 31, 2020. Fleureme’s EIDL application also falsely certified that for the 12-month period prior to Jan. 31, 2020, his sole proprietorship had gross revenues of $450,000 and a cost of goods sold of only $97,000. As a result of this fraudulent EIDL application, Fleureme received approximately $150,000 in EIDL proceeds from the SBA.

    He is scheduled to be sentenced on Jan. 7, 2025, at 11:00 a.m., before U.S. District Judge Jose E. Martinez in Miami. Fleureme faces up to 20 years in prison for the wire fraud conviction. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    U.S. Attorney for the Southern District of Florida Markenzy Lapointe and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, Inspector General Felix Jimenez of the Miami-Dade County Office of Inspector General (M-DC OIG), and Special Agent in Charge Amaleka McCall-Brathwaite, U.S. Small Business Administration Office of Inspector General (SBA OIG), Eastern Region, made the announcement.

    The FBI’s Miami Area Corruption Task Force, which includes task force officers from the M-DC OIG, working in conjunction with SBA OIG, investigated the case.  Assistant U.S. Attorney Edward N. Stamm is prosecuting the case.

    On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across 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 criminal actors 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 https://www.justice.gov/coronavirus.

    On Sept. 15, 2022, the Attorney General selected the Southern District of Florida’s U.S. Attorney’s Office to head one of three national COVID-19 Fraud Strike Force Teams. The Department of Justice established the Strike Force to enhance existing efforts to combat and prevent COVID-19 related financial fraud.  The Strike Force combines law enforcement and prosecutorial resources and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors, as well as those who committed multiple instances of pandemic relief fraud. The Strike Force uses prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds. Additional information regarding the Strike Force may be found at https://www.justice.gov/opa/pr/justice-department-announces-covid-19-fraud-strike-force-teams.

    Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

    Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 24-cr-20407.

    ###

    MIL Security OSI –

  • MIL-OSI Security: Omaha Man Sentenced to 132 Months in Prison for Receipt and Distribution of Child Pornography

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

    United States Attorney Susan Lehr announced that Brian I. Gonzalez, age 44, of Omaha, Nebraska, was sentenced on October 18, 2024, in federal court in Omaha for receipt and distribution of child pornography. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Gonzalez to 132 months’ imprisonment. There is no parole in the federal system. After Gonzalez’s release from prison, he will begin a 5-year term of supervised release. Chief Judge Rossiter ordered Gonzalez to pay a $1,500 assessment pursuant to the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA).

    In August of 2023, the FBI’s Child Exploitation and Human Trafficking Task Force received CyberTips from the National Center for Missing and Exploited Children (NCMEC) that a Google User uploaded possible child sexual abuse material on three dates in March of 2023.  Law enforcement obtained a search warrant to view the images in the CyberTips and confirmed the images portrayed child sexual abuse material depicting children engaging in sexually explicit conduct.  The IP address associated with the CyberTips resolved to the residence Gonzalez shared with his parents.  Law enforcement executed a search warrant on Gonzalez’s Google account and located images of children engaging in sexually explicit conduct.

    On November 15, 2023, law enforcement executed a search warrant at Gonzalez’s residence in Omaha and seized his devices for forensic examination.  Law enforcement interviewed Gonzalez and he admitted to downloading, sending, and viewing child sexual abuse material.  Forensic examination and analysis of Gonzalez’s electronic devices located approximately 350 visually unique media files depicting child sexual abuse material, which included 19 videos. These media files included prepubescent children as young as infant and toddler age engaging in sexually explicit conduct.

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

    This case was investigated by the Omaha FBI’s Child Exploitation and Human Trafficking Task Force.

    MIL Security OSI –

  • MIL-OSI USA: Attorney General Bonta: California to Receive up to $122 Million in Opioid Agreement with Kroger for Its Role in Opioid Epidemic

    Source: US State of California

    Monday, November 4, 2024

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

    To date, the Attorney General has secured nearly $50 billion in nationwide opioid settlements and bankruptcies

    California is expected to receive up to $4.2 billion in opioid abatement funds under these settlements and bankruptcy plans

    OAKLAND – California Attorney General Rob Bonta today announced the completion of a $1.37 billion settlement agreement with Kroger, addressing the grocery chain’s role in the opioid crisis. California will receive up to $122 million for opioid abatement, with payments anticipated to begin early next year. The settlement will resolve allegations that the company failed to appropriately oversee the dispensing of opioids at its pharmacies.  

    “At the California Department of Justice, we are committed to holding entities, like Kroger, accountable for their role in fueling the opioid epidemic,” said Attorney General Bonta. “Today’s announcement builds on our commitment in our continued fight for justice and relief. The funds secured in this settlement will allow the state and eligible cities and counties to continue addressing the harms inflicted by this epidemic through comprehensive prevention, treatment and recovery programs, and other resources. I want to thank my team and our partners nationwide in making this settlement possible.”

    In the settlement, Kroger has agreed to injunctive relief that requires its pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. Kroger operates in California through a number of subsidiaries, including principally Ralph’s. 

    To date, the Attorney General has secured nearly $50 billion in abatement funding through nationwide settlements and bankruptcies. California is expected to receive up to $4.2 billion in opioid abatement funds under these settlements, with the bulk of these funds going to our local governments. Recognizing the impact of the opioid and fentanyl crisis to both public health and public safety, the Attorney General issued guidance to provide local governments with suggestions for the permissible, effective, and strategic use of opioid settlement abatement funds. This guidance is aimed at helping local governments maximize impact, save lives, and strengthen public health infrastructures to tackle the opioid and fentanyl crisis. 

    A copy of the multistate settlement agreement, which must still be entered by a state court judge, can be found here.

    # # #

    MIL OSI USA News –

  • MIL-OSI USA: Senator Reverend Warnock, Colleagues Urge Federal Agencies Expand Outreach on Discharging Student Loan Debt in Bankruptcy

    US Senate News:

    Source: United States Senator Reverend Raphael Warnock – Georgia

    Senator Reverend Warnock, Colleagues Urge Federal Agencies Expand Outreach on Discharging Student Loan Debt in Bankruptcy

    New data shows vast majority of borrowers using the new guidance received recommendations for either full or partial debt discharge
    ICYMI from Business Insider: More student-loan borrowers are taking advantage of an updated route to get rid of their debt in bankruptcy court, top Democratic senators say
    Senator Reverend Warnock, lawmakers: “We encourage your agencies to continue to expand awareness of the guidance so that the 43 million borrowers in the United States… may be able to access relief if they need to file for bankruptcy”
    Washington, D.C. – Today, U.S. Senators Reverend Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Dick Durbin (D-IL), and Sheldon Whitehouse (D-RI) urged the Department of Justice (DOJ) and Department of Education (ED) to continue expanding awareness to student loan borrowers who are struggling financially about available resources to discharge their student loans in bankruptcy.
    In November 2022, the DOJ and ED issued guidance to DOJ attorneys that sought to streamline the process of discharging student loans in bankruptcy. Prior to this change, borrowers had to undergo a confusing, invasive, and time-consuming process in bankruptcy court to prove repayment would constitute an “undue hardship.”
    “The ‘undue hardship’ standard historically set an unnecessarily high bar that essentially required borrowers to demonstrate a certainty of hopelessness to obtain relief,” wrote the senators.
    99.9% of borrowers who filed bankruptcy from 2011 to 2019 did not have their student loans discharged — borrowers came to believe that there was no way out of the crushing weight of student loans, even through bankruptcy. Since DOJ and ED’s new process was announced, more and more borrowers have received relief. New data obtained by Senator Warren’s office show that, under the Biden administration’s new guidance, 85% of borrowers who sought relief received recommendations for either full or partial debt discharge.
    The high rates of total or partial discharge for those who have applied through the new guidance suggest that many other borrowers could also qualify if they applied. The senators are pushing to expand awareness on the more transparent, fair, and accessible process.
    “We thank you for your agencies’ ongoing commitment to helping borrowers struggling with student debt and urge continued outreach to expand awareness of the streamlined process for qualified borrowers,” concluded the senators.
    Senator Reverend Warnock has long advocated for comprehensive action to address the student loan crisis and has continued pushing the Administration to deliver meaningful student debt relief. Most recently, Senator Warnock led the first Senate Banking committee hearing in over a decade to focus on private student loans and explored the lack of data and transparency in that market and loan servicing concerns while highlighting the potential legislative and regulatory recommendations and measures to stop these abusive practices and to better protect students and taxpayers. Additionally, in August of 2023, the Senator pushed President Biden to swiftly fulfill his promise to deliver targeted student debt cancellation to working and middle-class families following the misguided SCOTUS decision overturning the President’s student debt cancellation.
    The letter can be found HERE and text of the letter is below:
    Dear Attorney General Garland and Secretary Cardona:
    We are writing today to highlight and support your agencies’ progress in making it easier for borrowers struggling financially to discharge their student loans in bankruptcy. In November 2022, the Department of Justice (DOJ) and Department of Education (ED) released guidance to DOJ attorneys that sought to streamline the process of discharging student loans in bankruptcy. In the time since, more and more borrowers have taken advantage of this guidance and received relief.
    The 1978 Bankruptcy Code allowed borrowers to discharge their federal student loans by demonstrating that repayment would impose an “undue hardship” on the borrower or by showing that the loan became due at least five years before the borrower’s bankruptcy filing. Subsequent amendments benefitting lenders, however, removed the second option. Further, the “undue hardship” standard historically set an unnecessarily high bar that essentially required borrowers to demonstrate a certainty of hopelessness to obtain relief. The federal government’s aggressive challenges in bankruptcy court against students who pursued undue hardship claims only exacerbated the issue. The lack of clarity resulted in a situation where 99.9% of borrowers who filed bankruptcy from 2011 to 2019 did not have their student loans discharged and remained burdened by student loans even after exiting the bankruptcy process.
    In November 2022, after we advocated for a more simplified and transparent process, DOJ and ED published new guidance to make it easier for borrowers to discharge student loans through bankruptcy. The guidance outlined a more transparent, fair, and accessible process designed to empower borrowers burdened with crippling student loan debt who previously had no clear pathway for relief.
    Previously unpublished data obtained by our offices show the impressive growth of the program thus far. For example, while only roughly 200 borrowers attempted to discharge student debt in each of Fiscal Years (FY) 2021 and 2022, that number rose to 648 in FY 2023. In less than eight months in FY 2024, nearly 900 borrowers sought to discharge their student loans in bankruptcy, adding up to 1,520 borrowers since the guidance was implemented.
    Equally important, both unpublished and publicly available data show that the overwhelming majority of those who sought discharge using the new guidance were provided debt relief through full or partial discharge. The Biden Administration recommended approximately seven in 10 borrowers who filed using the updated guidance for full student loan debt discharge. The Administration recommended another 15% of borrowers receive partial debt discharge, meaning 85% of borrowers using the new guidance received recommendations for either full or partial debt discharge. Critically, courts accepted those recommendations in 98% of cases, meaning borrowers received real relief at the end of this process.
    ED and DOJ deserve praise for the complete turnaround of student loan bankruptcy outcomes and you should continue to build on the successes of the streamlined guidance so that more borrowers with crushing student loan debt can find relief. We encourage your agencies to continue to expand awareness of the guidance so that the 43 million borrowers in the United States, who carry a total of $1.6 trillion dollars in student loan debt, may be able to access relief if they need to file for bankruptcy. The high rates of total or partial discharge for those who have applied through the new guidance suggest that many other borrowers would also qualify if they have applied. For years, borrowers came to correctly believe that there was essentially no way out of the crushing weight of student loans, even through bankruptcy. ED and DOJ have changed this narrative and you should continue to educate potentially qualifying borrowers, their attorneys, and other individuals and organizations who work to help borrowers. 
    We thank you for your agencies’ ongoing commitment to helping borrowers struggling with student debt and urge continued outreach to expand awareness of the streamlined process for qualified borrowers. Further, for Congress and the public to better assess your agencies’ plans to increase borrowers’ access to relief through bankruptcy, please provide responses to the following questions by November 12, 2024:
    What types of education and outreach have your agencies already used to reach borrowers regarding the new guidance?
    What are your agencies’ plans for continued and improved education and outreach about the streamlined process to borrowers who may benefit from it? 
    What specific goals do your agencies have for measuring the success of increased education and outreach to borrowers who may benefit from the streamlined process? How will these goals change over time if at all? 
    Do your agencies have systems in place so that borrowers who have filed for bankruptcy can track their filing? If a system does not yet exist, what resources do your agencies need to create one? 
    How much time elapses, on average, between a borrower’s bankruptcy filing and a discharge determination entered by a court under the new process? Please provide a timeline of the different phases of the process (e.g., filing of an adversary proceeding, review by the assigned DOJ attorney, review by ED, recommendation filed by DOJ and ED) and how long each phase typically takes.
    Do your agencies track or record the reasons for denial of discharge based on the factors considered under the guidance? If so, please describe the 3-5 most common reasons you have identified.
    Do your agencies track or record student loan discharge outcomes by region? If so, please describe any regional trends you have observed.
    How can Congress support your agencies as you increase your education and outreach efforts to borrowers?

    MIL OSI USA News –

  • MIL-OSI USA: Attorney General Bonta Joins Bipartisan Coalition in Condemning Possible Violence in Response to Election Results

    Source: US State of California Department of Justice

    OAKLAND — Ahead of tomorrow’s General Election, California Attorney General Rob Bonta joined a bipartisan coalition of 51 attorneys general in issuing the following joint statement condemning possible violence in response to the election results:

    “Regardless of the outcome of Tuesday’s election, we expect that Americans will respond peacefully and we condemn any acts of violence related to the results. A peaceful transfer of power is the highest testament to the rule of law, a tradition that stands at the heart of our nation’s stability. As Attorneys General, we affirm our commitment to protect our communities and uphold the democratic principles we serve.

    We call upon every American to vote, participate in civil discourse and, above all, respect the integrity of the democratic process. Let us come together after this election not divided by outcomes but united in our shared commitment to the rule of law and safety of all Americans. Violence has no place in the democratic process; we will exercise our authority to enforce the law against any illegal acts that threaten it.”

    The joint statement, a copy of which can be found here, was issued by the attorneys general of: Alabama, Alaska, American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, U.S. Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

    MIL OSI USA News –

  • MIL-OSI USA: Labrador Letter – Voting Integrity Victory in Virginia

    Source: US State of Idaho

    Dear Friends,
    Last week, I joined 26 other states in filing a brief with the U.S. Supreme Court, urging it to allow Virginia to continue removing non-citizens from its voter rolls. The Biden-Harris Department of Justice sued Virginia to halt this process, insisting that non-citizens remain on the rolls through the upcoming presidential election. Unfortunately, a lower court initially sided with the Administration, temporarily stopping Virginia’s efforts to maintain accurate voter lists.
    I’m pleased to share that, just 24 hours after our brief was filed, the Supreme Court rejected the Administration’s attempts to interfere. This decision allows Virginia to immediately resume its work to ensure that only eligible citizens are listed on its voter rolls. This is a critical win for election integrity.
    This victory reinforces our commitment to fair and transparent elections, safeguarding the voice of each eligible voter. Allowing non-citizens on voter rolls undermines confidence in our election process, and it’s alarming that the Biden-Harris Administration would legally challenge the removal of ineligible voters. Coupled with their lack of action at the southern border—where over 13 million people have crossed illegally—their resistance to basic election integrity raises serious questions.
    When the government fails to protect the integrity of our elections, it erodes public confidence in the entire system. Voting is one of our most fundamental rights in a democratic republic—a powerful act of self-determination. Ensuring that elections are fair, transparent, and free of outside interference is essential to maintaining that right.
    In Idaho, I have consistently fought to keep non-citizens off our voter rolls and to hold organizations accountable when they misrepresent themselves or their issues to voters. While this victory in Virginia is significant, the fight to protect our Republic and ensure election integrity continues across every city and state in our nation.
    As your Attorney General, I remain committed to preserving the integrity of our elections and the trust in our democratic processes. The foundation of our Republic deserves nothing less.
    Best regards,
    Not yet subscribed to the Labrador Letter?  Click HERE to get our weekly newsletter and updates.  Miss an issue?  Labrador Letters are archived on the Attorney General website.

    MIL OSI USA News –

  • MIL-OSI Asia-Pac: Speech by SJ at Second Legal Forum on Interconnectivity and Development (English only)

    Source: Hong Kong Government special administrative region

         Following are the closing remarks by the Secretary for Justice, Mr Paul Lam, SC, at the Second Legal Forum on Interconnectivity and Development under the Hong Kong Legal Week 2024 today (November 5):

    Your excellencies, distinguished guests, ladies and gentlemen,

         Thank you very much again for participating in this year’s Second Legal Forum on Interconnectivity and Development. I would first like to express my gratitude to the Commissioner’s Office of China’s Foreign Ministry in the Hong Kong SAR (OCMFA) for co-organising this forum with the Department of Justice (DoJ) of the Hong Kong SAR. OCMFA’s support and contribution are invaluable to the success of this event.

         I would also like to extend my sincere thanks to the Asian Infrastructure Investment Bank (AIIB) and especially to their General Counsel, Mr Alberto Ninio, who delivered an impactful keynote address on promotion of good governance and high-quality development under international law earlier this morning. Hong Kong, China became a member of AIIB in 2017. Our arrangement for secondment of DoJ counsel to the legal department of AIIB in the past few years has been conducive to enhancing our collaboration with AIIB and strengthening the development of Hong Kong international legal and dispute resolution services, especially in the financial fields.

         Following the keynote address from AIIB, the two Panel Sessions examined the critical importance of legal connectivity in our increasingly globalised landscape, as well as its impact across various fields, from international trade and commerce, dispute resolution, sanctions to emerging domains such as the governance of artificial intelligence (AI). The experience and practice of Hong Kong in connecting with high-standard international legal rules provide a good illustration for our discussion. Allow me to reflect briefly on today’s discussions and Hong Kong’s role in these vital developments.

    Cross-border legal connectivity and China’s foreign-related rule of law

         Legal connectivity transcends borders, bringing jurisdictions closer and promoting shared prosperity. As President Xi Jinping has noted, the fundamental purpose of advancing foreign-related rule of law is to better safeguard the interests of the country and the people, promote the progress of international rule of law and the development of a community with a shared future for mankind. China’s institutional opening-up progresses alongside its development of foreign-related legal frameworks. The rule of law forms the foundation of a favourable business environment.

         The first session explored Hong Kong’s evolving legal landscape, where, under the “one country, two systems” framework, it serves as a strategic nexus for trade and commerce and dispute resolution, regionally in the Guangdong-Hong Kong-Macao Greater Bay Area, as well as internationally. In this era of ever-changing global business norms, as China’s institutional opening-up progresses, Hong Kong serves not only as a “super-connector” but also provides unique legal services under its legal and international arbitration framework.

    Rule of law to safeguard sustainable development

         On the importance of the rule of law to mitigate risks and to safeguard Hong Kong’s and national sustainable development, the learned speakers have shared their insights into the global developments in financial sanctions and anti-sanctions, as well as legislative trends on anti-interference in major western countries.

         As AI rapidly advances, it transforms industries and economies in a revolutionary way. This also brings with it complex global regulation and governance issues and related risks. As the final report on this subject by the United Nations Secretary-General appointed panel concludes, “the very nature of the technology itself – transboundary in structure and application – necessitates a global approach”. The discussions on this topic today are timely and relevant as we consider how to safeguard sustainable development in an increasingly inter-connected world with AI.

         As President Xi stressed during the 16th BRICS Summit, “as the world becomes more turbulent, it is even more important to uphold the banner of peace, development, co-operation and win-win outcomes”. It is my sincere hope that the discussions in today’s forum could bring out a spirit of co-operation and collaboration in traditional fields like economy and trade, as well as emerging areas like artificial intelligence, with our sustainable development safeguarded by the rule of law.

    Hong Kong as a global legal and dispute resolution hub

         On co-operation and development, aligned with Hong Kong’s development of “eight centres” as outlined in the National 14th Five-Year Plan, the Department of Justice has taken forward policies to strengthen Hong Kong’s role as a leading legal and dispute resolution hub.

         The staunch support of the Central People’s Government in strengthening the city as a centre for international legal and dispute resolution services in the Asia-Pacific region under the National 14th Five-Year Plan can be demonstrated by the establishment of the International Organization for Mediation (IOMed) Preparatory Office last year. The IOMed Preparatory Office has successfully facilitated the conclusion of negotiations on the Convention on Establishment of the IOMed last month. A decision has also been made by all the negotiating parties that a signing ceremony of the Convention will be held in Hong Kong next year and the IOMed headquarters will also be situated in Hong Kong once the Convention has entered into force.

         As the world’s first intergovernmental international legal organisation dedicated to resolving international disputes through mediation, IOMed is important for the implementation of settling international disputes by peaceful means as set out in the United Nations Charter. Upon its establishment, the IOMed will provide friendly, flexible, economical and efficient mediation services, thereby building Hong Kong as a capital for international mediation.

         Apart from exciting development on IOMed, we also continue to enhance our collaboration with prominent law-related international organisations, such as the International Institute for the Unification of Private Law (UNIDROIT), with which we co-organised this year’s Asia-Pacific International Private Law Summit yesterday. We are also in active discussion with UNIDROIT for the possible establishment of its liaison office in Hong Kong in the near future. These forms of collaborations enable Hong Kong to contribute to and align with international standards, thus enhancing its appeal as a global hub for dispute resolution.

         In addition, with the support of the Central People’s Government and the assistance of the OCMFA, the Department of Justice has put in place programmes to second local legal talents to several law-related international organisations including the UNIDROIT. Through participating in the work of such international organisations, local legal professionals can enhance their knowledge of international legal matters and develop global vision. Nurturing Hong Kong’s legal talents is crucial for the sustainable development of the legal community, for consolidating our position as a leading international legal and dispute resolution services centre and for the long-term development of the rule of law, matters to which the Central Authorities and the HKSAR Government have attached great importance.

    Fostering legal talent: Hong Kong International Legal Talents Training Academy

         Following the announcement in the Chief Executive’s 2024 Policy Address, the Hong Kong International Legal Talents Training Academy will be officially launched on this Friday, Day five of Hong Kong Legal Week. To make good use of Hong Kong’s bilingual common law system and international legal status, the Training Academy will regularly organise practical training courses, seminars, international exchange programmes and more to promote exchanges among talents in regions along the Belt and Road region. It will also provide training for talents in the practice of foreign-related legal affairs for the country, and cultivate legal talents to be familiar with international law, common law, civil law, national legal systems and other legal areas. In future, our Department will make use of this capacity building platform to enable practitioners from different jurisdictions to exchange ideas on promoting the culture of harmony.

    Looking ahead: Hong Kong’s future role as an international legal hub

         Looking to the future, we are reminded of the traditional Chinese saying by Confucius, in Chinese is “å�›å­�和而ä¸�å�Œ and in English “a gentleman seeks harmony, not uniformity”. This philosophy encourages us to pursue a shared vision despite our differences, and is crucial for enhancing interconnectivity and development in building a community of shared future for mankind. In our interconnected world, such harmony through diversity is essential for achieving lasting success and mutual respect across boundaries. Hong Kong’s dedicated efforts in aligning with and contributing to international legal standards, its experience in international dispute resolution, as well as its commitment to legal capacity-building could leave a positive impact as the world navigates through complex challenges. As China moves towards deeper institutional opening-up, Hong Kong has a significant role to play in facilitating international engagement and promoting the progress of international rule of law.

         In closing, my sincere thanks to all speakers, participants, supporting organisations, colleagues at the OCMFA and the DoJ for making this forum a success. I look forward to your support for the Third Legal Forum on Interconnectivity and Development next year. Thank you very much.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: DoJ strongly condemns violent and illegal acts of attempting to attack magistrate

    Source: Hong Kong Government special administrative region

    DoJ strongly condemns violent and illegal acts of attempting to attack magistrate
    DoJ strongly condemns violent and illegal acts of attempting to attack magistrate
    *********************************************************************************

         The Department of Justice (DoJ) strongly condemned the attempt to attack a magistrate involving the use of a knife, threatening his personal safety, at the Kowloon City Magistrates’ Courts this morning (November 4). The Hong Kong Special Administrative Region (HKSAR) Government will not tolerate any illegal or violent acts, and the Police will thoroughly investigate the case, strictly enforce the law and bring any offender to account.     Article 85 of the Basic Law clearly states that the courts of the HKSAR shall exercise judicial power independently, free from any interference. Judges should handle cases in accordance with law and evidence. Intimidation, in particular violence of any form against judges who are performing judicial duties, will never be tolerated. Such illegal acts not only disregard the law but also undermine the rule of law. The Police will follow up on the matter seriously. The DoJ appeals to the public to respect the rule of law and not to break the law.

     
    Ends/Monday, November 4, 2024Issued at HKT 14:56

    NNNN

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: HK a unique gateway: SJ

    Source: Hong Kong Information Services

    Secretary for Justice Paul Lam

    The Hong Kong Legal Week is an annual flagship event of the Department of Justice. Since its inception in 2019, the Hong Kong Legal Week has served as a dynamic forum where legal professionals, scholars, judges and experts come together to discuss critical legal issues that resonate not only within Hong Kong but (also) throughout the wider Asia-Pacific region and beyond.

    The theme of this year is “Hong Kong Common Law System: World-Class Springboard to China & Beyond”. It emphasises Hong Kong’s unique role as a gateway between China, the Asia Pacific and the world. Under the “one country, two systems” principle, Hong Kong is the only common law jurisdiction within China. Our strong legal foundation, coupled with our close ties with and support from the Mainland, positions us as a critical hub for legal and economic collaboration across the region and beyond.

    Private law summit

    We begin this week with today’s Asia-Pacific International Private Law Summit 2024. Building on the success of the inaugural summit in 2022, the Department of Justice once again partners with the International Institute for the Unification of Private Law (UNIDROIT) to organise this summit under the theme “Springboard to Opportunities: Utilising International Private Law & Technology to Facilitate Access to Credit, Investment, & Sustainable Development in the Asia-Pacific Region”.

    The Asia-Pacific region is home to enormous economic potential and encompasses a diverse array of legal systems. While this diversity enriches our legal and cultural landscape, it also introduces complexities and uncertainties for businesses navigating cross-border transactions. To unlock the region’s full economic potential and ensure long-term sustainable growth, harmonisation and modernisation of private law across the region is essential.

    Recognising this need, today’s summit gathers leading legal minds from across the Asia Pacific, together with experts from UNIDROIT, to explore how the unification and co-ordination of various areas of private law can support economic growth and facilitate smoother cross-border interactions throughout the region. We will be hearing from them on how international private law and emerging technologies can unlock new opportunities for sustainable economic growth across the region, and how Hong Kong may contribute in this regard.

    Collaboration with UNIDROIT

    In the past few years, the Department of Justice has closely collaborated with UNIDROIT to promote the development, implementation, and deeper understanding of private international law and international commercial law across the Asia-Pacific region.

    In addition to these collaborative efforts, we are grateful for UNIDROIT’s strong support to the Department of Justice’s secondment programme, offering Hong Kong’s legal professionals from both the public and private sectors the valuable opportunity to work at the UNIDROIT Secretariat in Rome. This experience not only deepens their expertise in international legal issues, but also bolsters Hong Kong’s capacity in foreign-related legal matters.

    I am very pleased to note that one of our former secondees will be moderating a panel later this morning, which testifies to the success of the secondment programme.

    Capacity building

    The secondment programme is one of the Department of Justice’s many policy initiatives providing professional development opportunities to our legal talents. To further strengthen Hong Kong’s position as a leading international legal and dispute resolution services centre in the Asia-Pacific region, the Department of Justice places great importance on nurturing legal talents with a global perspective and proficiency in foreign-related legal affairs. We are committed to establishing Hong Kong as a leading centre for capacity building in international law.

    As outlined in our Chief Executive’s 2023 and 2024 Policy Address, the Department of Justice is setting up the Hong Kong International Legal Talents Training Academy. The academy will regularly organise practical training courses, seminars, international exchange programmes and more to promote exchanges among talent in regions along the Belt & Road. It will also provide training for talent in the practice of foreign-related legal affairs for the country, and nurture legal talent conversant with international law, common law, civil law and the country’s legal system.

    A dedicated office and an expert committee have already been set up to facilitate the establishment of the academy. We are grateful to have Prof Tirado (International Institute for the Unification of Private Law Secretary-General) as a member of the expert committee, and I am pleased to see many of our committee members participating in today’s summit.

    To officially mark this new initiative, I am excited to announce that the launch ceremony for the academy will take place on the final day of the Hong Kong Legal Week. I warmly invite all of you to join us for this significant occasion.

    Other events

    I also warmly welcome you to participate in an array of other events this week. Tomorrow, we will have the Second Legal Forum on Interconnectivity & Development co-organised with the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region. At the legal forum, we are very pleased to have the General Counsel of the Asian Infrastructure Investment Bank deliver a keynote address on promoting good governance and high-quality development under international law. Legal experts will also share their insights on Hong Kong’s role in China’s institutional opening up, and rule of law as a risk management mechanism to safeguard sustainable development.

    On Wednesday, we will host events under the theme “Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong”. The day will explore three topical issues – the role of mediation in promoting a culture of mutual respect, harmony and inclusiveness, use of artificial intelligence in alternative dispute resolution, as well as the resolution of sports disputes. There will also be the 2024 Hong Kong Mediation Lecture in the evening, exploring the unique challenges and opportunities involved in the use of mediation in deals relating to natural resources.

    Thursday’s programme will focus on strengthening the rule of law in the Greater Bay Area. We will hear from experts on the proof of Hong Kong law and foreign law in the Mainland, the arrangement on mutual legal assistance in civil and commercial matters between the Mainland and Hong Kong, as well as legal services and juridical relations to facilitate and protect trade and social interactions between the Mainland and Hong Kong. The day will also feature a mock mediation session led by mediators from Mainland China, Hong Kong, and Macau, and a discussion on the Greater Bay Area mediation platform.

    On Friday, apart from the launching ceremony of the academy in the afternoon that I have just mentioned, we will explore how the rule of law in Hong Kong, together with different components of Hong Kong’s legal and judicial system, are essential to provide the best business environment from the perspectives of our legal services profession and our enterprises, and how our legal professionals can play an important role along the Belt & Road.

    Alongside this week’s discussions, we are also featuring a special exhibition on the achievements in the construction of the rule of law of the People’s Republic of China in the modern era, co-organised by the Ministry of Justice of China and the Department of Justice, in celebration of the 75th anniversary of the founding of People’s Republic of China. The exhibition highlights key milestones in China’s legal evolution, both domestically and in foreign-related areas, over the past 75 years.

    Conclusion

    Ladies and gentlemen, as we look ahead to the discussions that will follow, I hope today’s summit will inspire all of us to explore new ideas and opportunities. Let’s make the most of this moment to engage in meaningful exchanges and drive forward the future of international law.

    On this note, I wish today’s summit every success and extend my sincere appreciation to all of you for joining us, whether online or in person.

    Secretary for Justice Paul Lam gave these remarks at the Asia-Pacific International Private Law Summit 2024, part of Hong Kong Legal Week 2024, on November 4.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: Violent, illegal acts condemned

    Source: Hong Kong Information Services

    The Department of Justice (DoJ) today strongly condemned an attempted knife attack on a magistrate, stressing that it will not tolerate any illegal or violent acts.

    In a press release, the DoJ explained that the incident took place at the Kowloon City Magistrates’ Courts this morning and emphasised that the attempted knife attack threatened the magistrate’s personal safety.

    It also made it clear that the Hong Kong Special Administrative Region Government will not tolerate any illegal or violent acts, and Police will thoroughly investigate the case, strictly enforce the law and bring any offender to account.

    Article 85 of the Basic Law clearly states that the courts of the Hong Kong SAR shall exercise judicial power independently, free from any interference. Judges should handle cases in accordance with law and evidence. Intimidation, in particular violence of any form against judges who are performing judicial duties, will never be tolerated. Such illegal acts not only disregard the law but also undermine the rule of law.

    Apart from saying that Police will follow up on the matter seriously, the DoJ appealed to the public to respect the rule of law and not to break the law.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: Speech by DSJ at Asia-Pacific International Private Law Summit 2024 (English only) (with photo)

    Source: Hong Kong Government special administrative region

         Following are the closing remarks by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan, at the Asia-Pacific International Private Law Summit 2024 under Hong Kong Legal Week 2024 today (November 4):Professor Ignacio Tirado (Professor Ignacio Tirado, Secretary-General of the International Institute for the Unification of Private Law (UNIDROIT), distinguished guests, ladies and gentlemen,      It is a great honour for me to deliver the closing remarks of the Asia-Pacific International Private Law Summit 2024, a remarkable event co-organised by UNIDROIT and the Department of Justice of the Hong Kong Special Administrative Region.      I am especially delighted to see Ignacio and Anna (the Deputy Secretary-General of UNIDROIT, Professor Anna Veneziano) again in person today. It brings back my memories of my visit to UNIDROIT’s Secretariat in the beautiful city of Rome last year, where I attended an insightful conference co-organised by UNIDROIT and the Chinese Embassy in Italy. I still recall the generous hospitality extended to me by Ignacio and Anna during my visit. I sincerely hope that we have been able to reciprocate that same warmth and hospitality during your time here in Hong Kong.     Today’s Summit has been nothing short of inspiring. We have been privileged to hear insightful presentations from distinguished officials, industry players and experts from Hong Kong and overseas, including high-level officials from several renowned international organisations of UNIDROIT, Asian Infrastructure Investment Bank and the Hague Conference on Private International Law. We are also honoured to have had a senior official from Mongolia to share her insights, which have further enriched our discussions.     The quality and depth of these presentations have been commendable, addressing critical issues pertinent to the evolving landscape of international private law. The topics explored by our expert panellists are both timely and relevant not only to Hong Kong, but also to the Asia-Pacific region and beyond. I am confident that the insights shared today will contribute significantly to ongoing discussions within our legal communities and other stakeholders.      As we reflect on today’s Summit, one overarching theme has particularly stood out, that is the importance of legal certainty and predictability. In an increasingly globalised world, where cross-border transactions are growing in volume and complexity, the harmonisation and modernisation of private law are more important and essential than ever. Reducing legal uncertainties is not merely an academic or technical exercise. It directly benefits businesses by enabling them to operate with greater confidence and facilitating smooth cross-border commercial activities. Legal certainty and predictability fostered by international private law will therefore be a “springboard to opportunities” for the Asia-Pacific region, as encapsulated in the theme of today’s Summit. Panel 1: Harnessing Opportunities from Digital Assets, Tokenisation and Carbon Credits      In our first panel, we delved into the need for a consistent approach to the legal treatment of digital assets across jurisdictions.      The advent of technologies such as distributed ledgers has paved the way for cryptocurrencies and other digital assets, which are now integral to various sectors of our economy and financial markets.     In order to unlock the potential of the digital economy, a clear and certain legal framework is vital. Such clarity instils trust in technology, ensures platform resilience and protects the rights of consumers and businesses alike. In this context, the UNIDROIT Principle on Digital Assets and Private Law which provides a common framework addressing legal issues related to the holding, transfer and use of digital assets, are particularly relevant to Hong Kong and the Asia-Pacific.      Today’s discussion offered much to consider about integrating international principles with local laws in each jurisdiction to achieve harmonisation and consistency. As an international financial hub, Hong Kong is committed to promoting the integration of real economy and digital economy, and fostering the development of the digital economy.Panel 2: Unleashing Economic Potential Through Secured Transaction Law Reform in the Asia-Pacific Region     The benefits and role of harmonised secured transactions law in promoting economic growth across the Asia-Pacific region was discussed in Panel 2.      Secured transactions are essential for businesses seeking access to credit and working capacity. As a leading international trading hub with a robust legal system, Hong Kong is the prime destination for Mainland and overseas enterprises establishing their international headquarters to manage offshore trading and supply chain operations. In fact, Hong Kong ranks at the top globally in terms of international trade and business legislation according to the World Competitiveness Yearbook 2024 by the International Management Development Institute.      Our experts in Panel 2 examined the importance of international instruments supporting secured transactions, while exploring UNIDROIT’s contribution to secured transactions law, such as the Convention on International Interests in Mobile Equipment and its various Protocols, as well as the recent adopted Model Law on Factoring. Such efforts are crucial for enhancing access to credit for businesses across the Asia-Pacific Region to unleash our economic potential. Panel 3: Gateway to International Investment and Sustainability     The experts at Panel 3 brought our attention to the need for reducing legal uncertainties surrounding international investment contracts for both states and private investors.      In this regard, the panel introduced the UNIDROIT’s ongoing international investment project, which seeks to modernise, harmonise and standardise international investment contracts by developing clear guidance to foster consistency in these vital agreements. It also addresses recent developments in international investment law, such as the increasing focus on corporate social responsibility and sustainability.      These topics are of particular relevance to Hong Kong, given its role as an important gateway between China and the global markets. Hong Kong’s unique arrangements with Mainland China enhance its appeal as a jurisdiction for international investment and arbitration. Investments from Hong Kong into Mainland China enjoy the substantive protections offered by the investment agreement under the Mainland and Hong Kong Closer Economic Partnership Arrangement. Moreover, we are the first common law jurisdiction where parties involved in arbitrations seated in Hong Kong can seek interim measures from Mainland courts, such as asset preservation.     This synergy between Hong Kong’s legal infrastructure and its strategic relationship with Mainland China not only bolsters investor confidence but also further strengthens Hong Kong’s position as a leading centre for international legal and dispute resolution services within the Asia-Pacific region.Panel 4: Building Bridges by Strengthening Engagement in the Asia-Pacific Region     Finally, Panel 4 discussed building bridges to strengthen engagement and capacity building has been identified as a key to strengthening engagement in the Asia-Pacific region. This involves not only improving legal infrastructure but also developing skilled professionals capable of handling the complexities of international private law.      The Panel highlighted the significance of legal co-operation and legal talents development. Capacity building initiatives among international organisations and Asia-Pacific economies are crucial in equipping our region’s government officials, practitioners and other stakeholders with the skills and knowledge needed to navigate the complex international legal landscape. Amid the growing demand for legal expertise driven by increasing international trade, these initiatives foster collaboration and nurture skilled legal professionals, thereby improving access to justice regionally and beyond.      Hong Kong is deeply committed to enhancing its status as a regional hub for capacity building. With a strong pool of legal and dispute resolution professionals who possess extensive international experience, the Department of Justice has been actively involved in organising and supporting various training and development programmes across different areas of law and practice. For example, we have co-organised or supported multiple editions of the Investment Law and Investor-State Mediator Training and the China-AALCO Exchange and Research Program on International Law in Hong Kong.      As noted by our Secretary for Justice during his opening remarks, the Hong Kong International Legal Talents Training Academy will be officially launched this Friday, and we warmly invite all of you to join us to witness this significant moment. Building on our strong foundation in capacity-building and our close collaboration with UNIDROIT and other international organisations, the Academy will regularly offer practical training courses, seminars and international exchange programmes aimed at promoting collaboration among legal professionals, judges and government officials throughout Asia Pacific and beyond. Already in the pipeline for the Academy is to support the organisation of the Second Edition of The Hague Academy of International Law’s Advanced Course in Hong Kong.Conclusion      Ladies and gentlemen, it is my pleasure to announce that we have successfully concluded the Asia-Pacific International Private Law Summit 2024. The success of this Summit is a testament to the collective efforts and dedication of UNIDROIT, my colleagues at the Department of Justice, and your active participation. I extend my heartfelt gratitude to everyone who contributed to making this Summit a resounding success.      As we wrap up today’s event, we also mark the end of the first day of the Hong Kong Legal Week 2024. We warmly welcome you all to participate in the exciting events we have prepared for you throughout this week.     Thank you once again! I wish you all an enriching experience throughout the Hong Kong Legal Week 2024. For those visiting abroad, I hope you enjoy your time in Hong Kong.

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: Asia-Pacific International Private Law Summit opens Hong Kong Legal Week 2024 (with photos)

    Source: Hong Kong Government special administrative region

         The Hong Kong Legal Week 2024, an annual flagship event of the legal sector and the Department of Justice (DoJ) to showcase Hong Kong as an international legal and dispute resolution services centre, was launched today (November 4).

         Themed “Hong Kong Common Law System: World-Class Springboard to China and Beyond”, the five-day event provides an opportunity for participants from all corners of the world to engage in a series of insightful discussions and fruitful exchanges with prominent experts, practitioners and government officials on a wide spectrum of topics, including international law, developments in alternative dispute resolution, opportunities in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), and the rule of law in the region and beyond.

         The Asia-Pacific International Private Law Summit 2024, themed “Springboard to Opportunities: Utilising International Private Law and Technology to Facilitate Access to Credit, Investment, and Sustainable Development in the Asia-Pacific Region”, was held as the opening event of this year’s Hong Kong Legal Week. Organised by the International Institute for the Unification of Private Law (UNIDROIT) and the DoJ, the biennial Summit brought together preeminent legal academics and renowned practitioners worldwide to discuss how the unification and co-ordination of various areas of international private law can support economic growth and facilitate smoother cross-border interactions. More than 1 100 registrations from 46 jurisdictions have been received for this event.

         In his welcome remarks, the Secretary for Justice, Mr Paul Lam, SC, said that today’s Summit gathered leading legal minds from across the Asia-Pacific region, which is home to enormous economic potential and encompasses a diverse array of legal systems, to explore how to unlock the region’s full economic potential and ensure long-term sustainable growth, harmonisation and modernisation of private law across the region, as well as how Hong Kong could contribute in this regard. Aside from the collaborative efforts of the DoJ and UNIDROIT in promoting the development, implementation, and deeper understanding of private international law and international commercial law across the Asia-Pacific region, the DoJ and UNIDROIT have also co-operated on other fronts. In particular, the Secretary for Justice expressed his gratitude for UNIDROIT’s support to the DoJ’s secondment programme, which offers opportunities to Hong Kong’s legal professionals to work at the UNIDROIT Secretariat. He further noted that the DoJ places great importance on nurturing legal talent and will continue to provide professional development opportunities to legal talent with a view to strengthening Hong Kong’s position as a leading international legal and dispute resolution centre. To further the DoJ’s capacity building initiatives, the Secretary for Justice announced that the Hong Kong International Legal Talents Training Academy will be set up, and he extended a warm invitation to all to join the launch ceremony of the Academy, which will take place on the final day of the Hong Kong Legal Week 2024.

         The Commissioner of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region (HKSAR), Mr Cui Jianchun, and the Secretary-General of UNIDROIT, Professor Ignacio Tirado, also delivered their welcome remarks at the event. The closing remarks were delivered by the Deputy Secretary for Justice, Mr Cheung Kwok-kwan.

         Mr Cui said that China has been consistently innovating its diplomatic ideas to make global governance and international law fairer and more equitable. He noted that the HKSAR has been proactively responding to national development strategies and committed to reforms that benefit the people of Hong Kong. He said he is confident that Hong Kong will make the best use of the strength of “one country” and the convenience of “two systems”, while leveraging its unique advantages, such as its systems, talent and location, to act as a “world-class springboard” for connecting China with the rest of the world.

         Professor Tirado said that he is glad to be back to Hong Kong again to join the Summit, which has become one of the legal world’s leading events in the international arena. He said he is also pleased to see Hong Kong back on its feet, stronger than ever, after getting through the pandemic, and has flourished back into its dynamic, efficient, cosmopolitan and multicultural self, an extraordinary and unique legal and financial hub that the entire world recognises.

         Other conferences and seminars of the Hong Kong Legal Week include the Second Legal Forum on Interconnectivity and Development organised by the Office of the Commissioner of the Ministry of Foreign Affairs in the HKSAR and the DoJ tomorrow (November 5); “Beyond Litigation: The Vibrant Landscape of Alternative Dispute Resolution of Hong Kong”, fireside chat on experience sharing of resolving sports disputes and the annual Hong Kong Mediation Lecture under the theme “Mediation and Sustainable Development along the Belt and Road” on Wednesday (November 6); and “Joint Contribution to the Construction of Rule of Law in the GBA” on Thursday (November 7). The Legal Week will end this Friday (November 8) with “Rule of Law: The Best Business Environment”, at which the Academy will be officially launched.

         In addition, an exhibition featuring the milestones and achievements in the construction of the rule of law by the country in the modern era, as well as the role played by Hong Kong in contributing to the developments, has been set up at the venue this year.

         For more details on the Hong Kong Legal Week 2024, please visit the dedicated website www.legalweek.hk. The event is broadcast live on the dedicated website and at webcast.info.gov.hk.                        

    MIL OSI Asia Pacific News –

  • MIL-OSI Asia-Pac: Legal Week opens

    Source: Hong Kong Information Services

    Hong Kong Legal Week 2024, an annual flagship event of the legal sector to showcase Hong Kong as an international legal and dispute resolution services centre, was launched today.

    Themed “Hong Kong Common Law System: World-Class Springboard to China & Beyond”, the five-day event provides an opportunity for participants from all corners of the world to engage in a series of insightful discussions and fruitful exchanges with prominent experts, practitioners and government officials on a wide spectrum of topics.

    The topics include international law, developments in alternative dispute resolution, opportunities in the Guangdong-Hong Kong-Macao Greater Bay Area, and the rule of law in the region and beyond.

    The Asia-Pacific International Private Law Summit 2024, themed “Springboard to Opportunities: Utilising International Private Law & Technology to Facilitate Access to Credit, Investment, & Sustainable Development in the Asia-Pacific Region”, was held as the opening event of this year’s Legal Week.

    The biennial summit brought together preeminent legal academics and renowned practitioners worldwide to discuss how the unification and co-ordination of various areas of international private law can support economic growth and facilitate smoother cross-border interactions.

    More than 1,100 registrations from 46 jurisdictions have been received for this event.

    In his welcome remarks, Secretary for Justice Paul Lam said that the Department of Justice (DoJ) places great importance on nurturing legal talent and will provide professional development opportunities to legal talent with a view to strengthening Hong Kong’s position as a leading international legal and dispute resolution centre.

    To further the DoJ’s capacity building initiatives, Mr Lam announced that the Hong Kong International Legal Talents Training Academy will be set up, with the launch ceremony taking place on the final day of Legal Week, which he invited everyone to join.

    In addition, an exhibition featuring the milestones and achievements in the construction of the rule of law by the country in the modern era, as well as the role played by Hong Kong in contributing to the developments, has been set up at the venue this year.

    Click here for the event details.

    MIL OSI Asia Pacific News –

  • MIL-OSI USA: Ashcroft Sues to Block DOJ Election Interference

    Source: US State of Missouri

     

    For Immediate Release: November 4, 2024

    Contact: JoDonn Chaney, Communications Director, (573) 526-0949

     

    Ashcroft Sues to Block DOJ Election Interference

    Jefferson City, Mo. — Secretary of State Jay Ashcroft, in conjunction with the Missouri Attorney General’s office, filed a lawsuit today to block the U.S. Department of Justice’s (DOJ) continued attempts to interfere with polling places on Election Day. Ashcroft serves as the chief election officer in Missouri.

    “No one is above the law,” Ashcroft said. “The law clearly and specifically limits who may be in polling places and this action by the DOJ is not allowed.  Once again the federal government is attempting to illegally interfere in Missouri’s elections.”

    According to organizations, including the Heritage Foundation, Missouri leads the nation regarding election integrity as it pertains to accessible, secure voting with timely, credible results. This recognition is due to the efforts of the hard-working election authorities across the state and the many poll workers who give their time. 

    “This is a repeat performance,” Ashcroft stated. “Two years ago, we met with the DOJ. We showed them the law and explained that they have no jurisdiction to interfere in Missouri elections. Now they are doing the same thing; trying to go through the back door by contacting local election officials and making false jurisdictional claims for access rather than contacting my office directly. The DOJ just doesn’t seem to get it – we don’t need them here; we don’t want them here.  This time we are taking it a step further and filing a lawsuit against the DOJ to get them to stop the continued harassment.” 

    In 2022, the day prior to Election Day, the U.S. Department of Justice was sent a letter outlining the denial and addressing other concerns relating to the election. 

    “Rather than contaminate the process – like in Virginia and Alabama, the DOJ should consider the Show-Me State as the example for other states when it comes to sound non-partisan elections,” Ashcroft said.  “It would be highly inappropriate for federal agents to violate the law by intimidating Missouri voters and harassing poll workers.”

    Ashcroft continued, “The secretary of state’s office has full confidence in our election authorities. Voting has been underway for several weeks and we are ready for Election Day. I want to personally thank all 116 local election authorities and the thousands of poll workers across Missouri who make our elections safe, secure and credible.”

    —30—

    Visit www.sos.mo.gov to learn more about the Office of the Missouri Secretary of State

    MIL OSI USA News –

  • MIL-OSI USA: Ernst, Hassan Crack Down on Iran Funding Crime in U.S.

    US Senate News:

    Source: United States Senator Joni Ernst (R-IA)
    Iran has reportedly paid criminal organizations in America to carry out violent crimes and assassination attempts.
    WASHINGTON – U.S. Senators Joni Ernst (R-Iowa) and Maggie Hassan (D-N.H.) are announcing a bipartisan effort to strengthen criminal penalties and boost accountability for individuals who commit or attempt to commit violent crimes in the United States on behalf of foreign adversaries.
    In September 2024, Ernst and Hassan called on the Department of Justice (DOJ) to take action and stop foreign actors, including the Iranian regime, from carrying out criminal activity on our soil.
    “Iran is bringing their reign of violence to our homeland, and bad actors helping the regime carry out its proxy terrorism must be met with consequences,” said Ernst, a member of the Senate Armed Services Committee. “Any person or organization that does the bidding of foreign adversaries on U.S. soil jeopardizes Americans’ safety. We must end the growing footprint of Tehran’s terrorism and deter this criminal behavior by ensuring it’s met with the full force of the justice system.” 
    “We need to do more to stop the new and chilling set of attempted crimes by our foreign adversaries who are trying to silence their critics in the United States by directing criminals in our country to harm them,” said Senator Hassan. “Our upcoming bipartisan legislation will help ensure that those who commit or attempt these heinous acts face serious consequences and deter others from accepting offers to do the dirty work of foreign governments.”
    The Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors (DETERRENCE) Actwould include measures such as:
    Boosting sentences for offenders working with foreign adversaries and deter individuals and criminal organizations to carry out violence on American soil, like murder-for-hire, threatening or assaulting current or former U.S. officials, kidnapping, and stalking; and,
    Increasing the maximum penalties available for stalking related charges when done on behalf of a foreign government.
    Background:
    Ernst has been leading the PUNISH Act to enforce “maximum pressure” sanctions on Iran until the State Department can certify that Iran has not supported any attempt in the last five years to kill a U.S. citizen or a former or current U.S. official. 

    MIL OSI USA News –

  • MIL-OSI USA: American Banker: Warren slams DOJ for side-stepping tougher action against TD

    US Senate News:

    Source: United States Senator for Massachusetts – Elizabeth Warren
    October 31, 2024
    Sen. Elizabeth Warren, D-Mass., is blasting the Department of Justice for not punishing TD Bank Group more harshly over the Canadian bank’s money-laundering failures in the United States.
    Law-enforcement officials and regulators hit the Toronto-based bank’s U.S. subsidiary with a record $3.09 billion fine and asset-cap handcuffs earlier this month in a novel money-laundering case. But the penalties imposed by the DOJ don’t go far enough, Warren said Wednesday in a letter seen by American Banker.
    In the letter, sent to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, Warren pressed them to explain why the DOJ hasn’t yet charged top TD executives for their culpability in the bank’s crimes.
    …
    Read the full story here.
    By:  Catherine LeffertSource: American Banker

    MIL OSI USA News –

  • MIL-OSI Security: New England Doctor Pleads Guilty to Drug Distribution Conspiracy

    Source: United States Department of Justice Criminal Division

    A New England doctor pleaded guilty today to conspiring to illegally distribute controlled substances. This is the first joint prosecution of a doctor by the Justice Department’s New England Strike Force and U.S. Attorney’s Office for the District of Vermont.

    “The defendant, a medical doctor based in New England, prescribed drugs to vulnerable patients in exchange for cash, knowing the patients were diverting the drugs,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “The cases brought by the New England Strike Force, including today’s conviction, demonstrate the Criminal Division’s commitment to holding accountable medical professionals who endanger local communities by putting profits above their patients’ wellbeing.”

    “When we announced the creation of the New England Strike Force, we said we would be focusing on medical professionals who put profits over their patients,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Khan is an example of that — a bad apple in a profession that takes an oath to uphold ethical standards and treat patients as you would want to be treated. Putting profits over patients is a severe violation of that oath, and, in this case, a violation of federal criminal law. Today’s guilty plea is another step in holding Khan liable for his illegal conduct.”

    According to court documents, Adnan S. Khan, M.D., 48, of Grantham, New Hampshire, conspired with others to illegally distribute controlled substances through his business, New England Medicine and Counseling Associates (NEMCA), which operated a network of clinics in New England that purportedly provided clinical treatment services for persons suffering from substance use disorder. Khan and a co-conspirator prescribed controlled substances to NEMCA patients despite knowing that their patients were diverting the prescriptions. Khan admitted that he and others required cash for purported office visits to received controlled substance prescriptions and falsified medical records to justify his illegal prescribing practices.

    During the conspiracy, Khan emailed a co-conspirator a Justice Department press release  announcing the creation of the New England Strike Force, a law enforcement partnership whose purpose is to identify and prosecute health care fraud and other criminal schemes impacting the New England region. In response, the co-conspirator stated that it is “clear that [references in the release to] ‘making profit off of patients’ is geared towards folks like us. Curious where this will lead.” Khan then emailed NEMCA staff and stated that “there is a new task force…[for the New England states] on the lookout for medical professionals who are prescribing scheduled meds irresponsib[ly], etc.” Khan warned his staff that “[i]t is not a matter of if someone from such a task force will visit NEMCA but rather a matter of time.” Khan then ordered his staff “NOT to engage or discuss anything [with the  New England Strike Force] about NEMCA, what we do, what we offer, fees, etc.”

    “Rather than providing responsible addiction treatment to his patients, Khan ran his medical practice with the corruption and recklessness of a common drug dealer,” said Special Agent in Charge Roberto Coviello of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “His actions put patients and the community at risk. Today’s guilty plea is the result of a coordinated effort with our law enforcement partners as we continue our fight against addiction and the opioid epidemic.”

    “Khan and his co-conspirator exploited vulnerable patients and cashed in on the very dependencies he was entrusted to treat,” said Special Agent in Charge Craig Tremaroli of the FBI Albany Field Office. “Today’s plea proves he is no better than a street level drug dealer motivated by pure greed as opposed to the oath he took to ‘first, do no harm’ to his patients. The FBI will continue to work with our partners on the New England Strike Force and U.S. Attorney’s Office to identify and bring to justice any practitioner looking to line their pockets in complete disregard for patient welfare and viability of our healthcare framework.”

    “Our communities deserve honest and trustworthy medical practitioners,” said Acting Diversion Program Manager George J. Lutz Jr. of the Drug Enforcement Administration (DEA)’s New England Field Division. “Individuals betraying this trust through the illegal prescribing of controlled substances will be fully investigated by the DEA. Today’s guilty plea reinforces the value of the coordinated efforts with our law enforcement partners working alongside prosecutors to hold corrupt and reckless practitioners accountable for their actions.”

    “So many Vermonters have been impacted by the opioid epidemic, which is why we must hold bad actors accountable, particularly physicians who use their prescribing power and their positions of authority to profit from their patients’ pain and suffering,” said Vermont Attorney General Charity R. Clark on behalf of the office’s Medicaid Fraud & Residential Abuse Unit. “I am proud to partner with the U.S. Attorney’s Office and Department of Justice in this effort.”

    Khan and a co-conspirator required patients — many of whom were economically disadvantaged — to pay $250 cash in exchange for drug prescriptions, despite many of these patients’ having health care benefit coverage. If a patient could not afford the full cash payment, Khan would lower the dosage of that patient’s prescription. Khan then used funds that he earned from these patients to, among other things, purchase an airplane and multiple properties in New England. Khan would also personally deposit the cash that he received from patients, including deposits in excess of $10,000, at his bank.

    Khan also admitted that he and a co-conspirator discussed their concern that, because pharmacies were no longer willing to fill the prescriptions, NEMCA might lose “dishonest” patients who were “selling their meds.” Khan said that their “honest patients” were “the smaller part of [NEMCA’s] clientele” and advised a co-conspirator that “it’s the diverters [of the drugs that] we need to try to figure out a way to retain.” A co-conspirator emailed Khan, suggesting that they give $100 “scholarships” to patients who owed them money. Khan responded he was “[s]tuck on ‘who’ should get them. S[******] patients owe me so much that $100 won’t even put a dent on their account and they probably won’t appreciate it. Maybe the borderline ones who are just over the $250 threshold? They would probably get on their knees in gratitude.”

    Khan pleaded guilty to one count of conspiring to illegally distribute controlled substances. A sentencing hearing will be scheduled on a later date. Khan faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    As a condition of Khan’s release, he is prohibited from writing prescriptions for controlled substances.

    The HHS-OIG, FBI, DEA, and Vermont Attorney General’s Office’s Medicaid Fraud and Residential Abuse Unit investigated the case.

    Trial Attorneys Thomas D. Campbell and Danielle H. Sakowski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew Gilman for the District of Vermont are prosecuting the case.

    The Fraud Section partners with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout the country to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

    The Vermont Attorney General’s Office Medicaid Fraud and Residential Abuse Unit receives 75% of its funding from HHS-OIG under a grant award totaling $1,229,616 for federal fiscal year 2024. The remaining 25%, totaling $409,870 for federal fiscal year 2024, is funded by the State of Vermont.

    Anyone needing access to opioid treatment services can contact HHS-OIG’s Substance Abuse and Mental Health Services Administration 24/7 National Helpline for referrals to treatment services at 1-800-662-4359.

    MIL Security OSI –

  • MIL-OSI Security: Florida Man Indicted for Posting Threats on the Internet

    Source: United States Department of Justice Criminal Division

    An indictment was unsealed charging Nathaniel James Holmes, 51, of Jacksonville, Florida, with four counts of transmitting interstate threats to injury other persons. If convicted on all counts, Holmes faces a maximum penalty of 20 years in federal prison.

    According to the indictment, on four dates in October, Holmes transmitted threats to injure others, including threats to kill three particular victims, the children of one victim, and Jewish and African American individuals generally. A federal grand jury charged Holmes in a sealed indictment on Oct. 24. He was arrested on Nov. 1, made his initial appearance in court, and ordered detained pending a competency evaluation.

    The FBI; U.S. Customs and Border Protection; Naval Criminal Investigative Service; Bureau of Alcohol, Tobacco, Firearms, and Explosives; and U.S. Secret Service are investigating the case.

    Assistant U.S. Attorneys Kelly S. Milliron and Michael J. Coolican for the Middle District of Florida and Trial Attorney Jacob Warren of the Justice Department’s National Security Division are prosecuting the case.

    An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.

    MIL Security OSI –

  • MIL-OSI Security: Security News: Turkish National Arrested for Allegedly Conspiring to Violate Venezuela-Related Sanctions

    Source: United States Department of Justice 2

    Taskin Torlak, 37, of Turkey, was arrested in Miami, on Nov. 2 for allegedly conspiring to violate U.S. sanctions as part of a scheme to transport oil from Venezuela for the benefit of Petróleos de Venezuela, S.A. (PdVSA), Venezuela’s state-owned oil and natural gas company.

    “As alleged, the defendant conspired to evade U.S. sanctions imposed on PdVSA, deploying deception to smuggle black-market oil from Venezuela,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will continue to hold accountable those involved in criminal efforts to circumvent sanctions imposed on the Maduro regime.”

    “This defendant allegedly conspired to illegally sell Venezuelan oil, using deceit and trickery to hide the fact that this oil originated from Venezuela,” said U.S. Attorney Matthew Graves for the District of Columbia. “Venezuela’s state-owned oil company, PdVSA, was sanctioned by the U.S. government to prevent the current regime from further depleting the nation’s resources while it unlawfully remains in power.  We remain dedicated to prosecuting violations of these sanctions until the government of Venezuela takes the necessary steps for these sanctions to be lifted.”

    Torlak was arrested as he attempted to depart the United States to return to Turkey. He is charged by complaint with one count of conspiring to violate the International Emergency Economic Powers Act (IEEPA). According to the complaint, Torlak conspired with others to cause U.S. financial institutions to process transactions connected to the transport of Venezuelan oil for the benefit of PdVSA, which the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated as a Specially Designated National (SDN) in January 2019.

    According to the complaint, beginning at least in or around November 2020, Torlak and others devised and implemented a complex scheme to violate and evade U.S. sanctions related to petroleum products from Venezuela and Iran. The scheme included obfuscating the identities of tankers moving the oil by re-naming and re-flagging vessels, covering vessel names with paint or blankets, and turning off the electronics that track vessels’ locations for the safety of ships and their crews. Torlak and his co-conspirators allegedly received tens of millions of dollars from PdVSA in payment for transporting Venezuelan oil, and hid the ultimate beneficiaries of the related transactions from U.S. financial institutions, who then unwittingly processed payments in furtherance of the scheme. The complaint further alleges that Torlak and his co-conspirators explicitly discussed the need to hide their conduct from the U.S. Government and its agencies, including OFAC, as well as commercial maritime entities.

    Homeland Security Investigations Washington D.C. is investigating the case.

    Assistant U.S. Attorney Maeghan Mikorski for the District of Columbia and Trial Attorneys Sean Heiden and Chantelle Dial of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of Florida.

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

    MIL Security OSI –