Nigerian Man Convicted On Multiple Charges Including Wire Fraud, Conspiracy To Commit Money Laundering, And Aggravated Identity Theft

Source: United States Department of Justice Criminal Division

DENVER – The United States Attorney’s Office for the District of Colorado announces that Ikponmwosa Erhinmwinrose, 39, of Atlanta, Georgia, was convicted by a federal jury on six counts of wire fraud, three counts of aggravated identity theft, one count of wire fraud conspiracy, and one count of conspiracy to commit money laundering. 

United States Files Complaint Against Stanley Black & Decker, Inc. Alleging Delay in Reporting Hazardous Utility Bars and Miter Saws

Source: United States Department of Justice Criminal Division

The Justice Department, together with the Consumer Product Safety Commission (CPSC), today announced the filing of a civil enforcement action against Stanley Black & Decker, Inc. (Black & Decker) for alleged violations of the Consumer Product Safety Act (CPSA).

Black & Decker is a global provider of hand tools, power tools, outdoor products and related accessories. The complaint, filed in the U.S. District Court for the District of Maryland, alleges that Black & Decker knowingly failed to immediately report to CPSC information about potential hazardous defects or unreasonable safety risks associated with certain of its utility bars and miter saws.

As to the utility bars, which are multi-functional tools used for ripping, prying and wrecking, the complaint alleges that soon after Black & Decker began manufacturing the utility bars in December 2015, it began receiving numerous reports directly from consumers and through a national retailer that the bars had broken unexpectedly during use, snapping back at the users and in some cases causing serious injuries. Despite notice of these incidents, Black & Decker failed to report this information to CPSC until May 2019.

As to the miter saws, which are power tools designed to cut various materials, the complaint alleges that, between 2019 and 2022, Black & Decker received hundreds of reports of its miter saws’ rear protective guards and plastic deflectors breaking, including reports of injuries such as lacerations to consumers’ faces and fingers.  Despite notice of these incidents, Black & Decker failed to report this information to CPSC until June 2022. 

The complaint, filed by the Justice Department, seeks monetary civil penalties and injunctive relief to prohibit the company from engaging in future violations of the CPSA.

The CPSA requires manufacturers, distributors, and retailers of consumer products to report “immediately” to CPSC information that reasonably supports the conclusion that a product contains a defect which could create a substantial product hazard or that it creates an unreasonable risk of serious injury or death. Black & Decker has previously resolved other government allegations of failure to timely report to CPSC, including through a stipulated order entered by the U.S. District Court for the District of Maryland in 2015.

“The Justice Department, together with CPSC, is committed to enforcing consumer protection statutes protecting Americans from hazardous products,” said Assistant Attorney General Brett A. Shumate of the Department of Justice’s Civil Division. “Companies must report safety issues in consumer products immediately, as the law requires, to prevent unnecessary injury or death.”

“Companies must not put consumers in harm’s way by failing to immediately report a defective product to the proper authorities,” said U.S. Attorney Kelly O. Hayes for the District of Maryland. “We’re committed to holding accountable those who fail to properly comply with safety laws that ultimately protect consumers.”

“This coordinated federal action will protect consumers,” said Acting Chairman Peter A. Feldman of CPSC. “We will not hesitate to use the full weight of our authorities, especially when dealing with repeat offenders.”

This matter is handled by Assistant Director Zachary Dietert, Senior Trial Attorney Joshua Fowkes, and Trial Attorneys Paulina Stamatelos and Nicole Frazer of the Enforcement Section of the Civil Division’s Enforcement & Affirmative Litigation Branch and Assistant U.S. Attorney Rebecca Koch of the United States Attorney’s Office for the District of Maryland, in coordination with CPSC staff.  

The claims made in a complaint are allegations that, if the case were to proceed to trial, the government must prove by a preponderance of the evidence.

For more information about the Enforcement & Affirmative Litigation Branch and its enforcement efforts, visit https://www.justice.gov/civil/enforcement-affirmative-litigation-branch.

Justice Department Sues the District of Columbia for the Unconstitutional Ban of Semi-Automatic Firearms

Source: United States Department of Justice Criminal Division

Today, the Justice Department sued the District of Columbia’s Metropolitan Police Department (MPD), alleging that the District government and MPD unconstitutionally ban the AR-15 and many other firearms protected under the Second Amendment. The District’s gun laws require anyone seeking to own a gun to register it with D.C. Metro Police. However, the D.C. Code provides a broad registration ban on numerous firearms — an unconstitutional incursion into the Second Amendment rights of law-abiding citizens seeking to own protected firearms for lawful purposes. MPD’s current pattern and practice of refusing to register protected firearms is forcing residents to sue to protect their rights and to risk facing wrongful arrest for lawfully possessing protected firearms.

“Today’s action from the Department of Justice’s new Second Amendment Section underscores our ironclad commitment to protecting the Second Amendment rights of law-abiding Americans,” said Attorney General Pamela Bondi. “Washington, DC’s ban on some of America’s most popular firearms is an unconstitutional infringement on the Second Amendment — living in our nation’s capital should not preclude law-abiding citizens from exercising their fundamental constitutional right to keep and bear arms.”

“This Civil Rights Division will defend American citizens from unconstitutional restrictions of commonly used firearms, in violation of their Second Amendment rights,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “The newly established Second Amendment Section filed this lawsuit to ensure that the very rights D.C. resident Mr. Heller secured 17 years ago are enforced today — and that all law-abiding citizens seeking to own protected firearms for lawful purposes may do so.”

In 2003, a D.C. special policeman named Richard Heller sued Washington, D.C. because the laws at the time prevented him from owning a handgun and keeping it in his home for self-defense. In 2008, the U.S. Supreme Court, in its landmark decision Heller, held that the Second Amendment does, in fact, protect the rights of law-abiding citizens to own a semi-automatic weapon in their homes for lawful purposes, such as self-defense. Unfortunately, today, the District still prevents ownership of these very same weapons through a pattern and practice of broadly blocking gun registration. Law-abiding citizens throughout our nation’s capital are facing wrongful arrests due to the enforcement of unconstitutional laws.

The Civil Rights Division enforces the Second Amendment, the Police Pattern or Practice Act (34 U.S.C. § 12601), and Executive Order 14206. If you are a current or prospective gun owner and believe you are being prevented from registering or owning a lawful firearm, please submit a complaint through https://www.justice.gov/crt/second-amendment-section.

Two Plead Guilty and Executive of Maryland IT Companies Charged for Conspiracy to Defraud the Federal Government

Source: United States Department of Justice Criminal Division

On Dec. 17, a federal grand jury in Baltimore returned a superseding indictment charging Victor Marquez, a Maryland resident and owner of two IT companies, with a scheme to defraud the federal government that included rigging bids for IT contracts and receiving kickbacks in exchange for influence over IT procurements. The superseding indictment charges Marquez with conspiracy to commit wire fraud, four counts of wire fraud, and major fraud. 

“As the superseding indictment shows, defendant Victor Marquez and his co-conspirators broke trust with our military and stole millions of dollars from an agency that defends our homeland,” said Deputy Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “Two of the defendant’s co-conspirators have already pled guilty, and the Antitrust Division will not rest until Marquez is imprisoned.” 

“These bad actors attempted to enrich themselves by using privileged inside access to defraud the federal government,” said U.S Attorney Kelly O. Hayes for the District of Maryland. “This kind of corruption distorts the competitive process, wastes taxpayer dollars, and undermines public trust in government contracting. This office, along with our law-enforcement partners, will continue to pursue and prosecute corruption while holding those accountable who dare to try to steal from our government.” 

“The charges announced today should stand as a reminder that those who defraud the Department of Defense will be held accountable for their actions,” said Special Agent in Charge Christopher Dillard of the DoD Office of Inspector General Defense Criminal Investigative Service (DCIS), Mid-Atlantic Field Office. “The Defense Criminal Investigative Service is committed to protecting the integrity of the DoD procurement process and will pursue all available remedies to root out fraud.” 

“The defendants leveraged personal relationships to make corrupt, under the table deals that enriched themselves at the taxpayers’ expense,” said Special Agent in Charge Jimmy Paul of the FBI Baltimore Field Office. “The FBI and our partners will follow every investigative lead to ensure all those cheating the system are brought to justice.” 

“Ensuring the integrity of federal contracting is critical for an efficient and effective government,” said Deputy Inspector General Kevin Gerrity of the National Security Agency. “I commend our team, our law enforcement partners, and the Justice Department for their dedication and collaboration.” 

As alleged in the superseding indictment, Marquez and his co-conspirators used his access to sensitive procurement information to rig bids for procurements for large U.S. government IT contracts. Marquez and his co-conspirators concealed Marquez’s role in the scheme to ensure his continued access to sensitive procurement information, and Marquez received compensation in form of kickbacks for steering procurements to his co-conspirators, who referred to the payments to Marquez as the “Vic tax.” As a result of the scheme, Marquez obtained over $3.8 million in funds that were built into the government’s purchase price. 

James Briar, an IT sales representative, and Robert Fay, an IT sales executive, pleaded guilty in related cases. On Aug. 11, Briar pleaded guilty to conspiracy to pay illegal kickbacks. On Oct. 1, Fay pleaded guilty to conspiracy to pay illegal kickbacks and to violating the Anti-Kickback Act. Sentencing hearings will be set at a later date. Briar faces a maximum penalty of five years in prison, and Fay faces a maximum penalty of 10 years in prison.  

If convicted, Marquez faces maximum penalties of 20 years in prison for each conspiracy and wire fraud count and 10 years in prison for the major fraud charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

The DoD Office of Inspector General Defense Criminal Investigative Service, the FBI Baltimore Field Office, and NSA Office of Inspector General investigated the case. Trial Attorneys Elizabeth French, Anna Wang, and Ronald Fiorillo for the Antitrust Division’s Washington Criminal Section and Assistant U.S. Attorneys Sean M. Delaney and Darren Gardner for the District of Maryland are prosecuting the case. 

In November 2019, the Justice Department created the Procurement Collusion Strike Force (PCSF), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government — federal, state and local. To learn more about the PCSF, or to report information on bid rigging, price fixing, market allocation and other anticompetitive conduct related to government spending, go to www.justice.gov/procurement-collusion-strike-force.  

Anyone with information in connection with this investigation can contact the PCSF at the link listed above. Whistleblowers who voluntarily report original information about antitrust and related offenses that result in criminal fines or other recoveries of at least $1 million may be eligible to receive a whistleblower reward. For more information on the Antitrust Whistleblower Rewards Program, visit www.justice.gov/atr/whistleblower-rewards

Justice Department Issues Updated Letters and Fact Sheet About Professional License Portability for Servicemembers and their Spouses

Source: United States Department of Justice Criminal Division

The Justice Department announced today that it has issued updated materials explaining recent changes to the law that governs the portability of professional licenses for servicemembers and their spouses. The materials include a letter for state licensing authorities and another for state offices that license attorneys. The letters explain recent changes to the Servicemembers Civil Relief Act (SCRA) section that allows servicemembers and their spouses to use their professional licenses or certificates in new states if they are relocating because of military orders and meet certain other requirements. The Justice Department also issued a fact sheet outlining the updated license portability provision.

“Military families are the backbone of American society,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Servicemembers and their spouses often sacrifice the stability of settling in one place during a critical time in their career. The Department is steadfast in its commitment to ensuring that servicemembers and their spouses do not face unreasonable barriers to continuing their careers while they uproot their lives in service to our country.”

In January 2023, Congress added the license portability provision to the SCRA — a law that provides servicemembers and their families with a wide variety of financial and housing protections — to make it easier for servicemembers and military spouses to have their professional licenses recognized when they relocate to another state due to military orders. Congress amended this provision in December 2024. One significant update removed a restriction on the portability of law licenses, which are now included in the law, along with all other licensed professions. 

Since 2011, the Department has obtained over $483 million in monetary relief for over 148,000 servicemembers through its enforcement of the SCRA. For more information about the Department’s enforcement efforts under the SCRA and other laws that protect the rights of servicemembers and their families, please visit www.servicemembers.gov.

Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil. If servicemembers or their spouses are not eligible for military legal assistance services, they may request that the Justice Department review their claim by submitting a complaint through https://civilrights.justice.gov/link/4025A

CEO of Health Care Software Company Sentenced for $1B Fraud Conspiracy

Source: United States Department of Justice

An Arizona man was sentenced Friday to 15 years in prison and ordered to pay more than $452 million in restitution for conspiring to defraud Medicare and other federal health care benefit programs of more than $1 billion by operating a platform that generated false doctors’ orders used to support fraudulent claims for various medical items.

Court Sides with Justice Department by Stopping Michigan from Shutting Down Critical International Pipeline

Source: United States Department of Justice

The U.S. District Court for the Western District of Michigan this week granted Enbridge Energy Limited Partnership (Enbridge)’s motion for summary judgment and stopped the State of Michigan from shutting down a critical international pipeline called Line 5. In September, the Justice Department’s Environment and Natural Resources Division (ENRD) and Civil Division filed a statement of interest in the case.

“This ruling by the court reaffirms the federal government’s unique responsibilities in regulating interstate pipelines and enforcing international treaties,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “If a state exceeds its authority to disrupt the flow of energy, we will step in to re-assert the federal government’s prerogative. President Trump has set America on a strong, winning path toward securing energy dominance. This ruling undergirds that effort.”

In 2020, Michigan tried to shut down the pipeline by moving to stop Enbridge from using an easement, which had allowed the pipeline to run underneath the Straits of Mackinac between Lake Michigan and Lake Huron for decades. The court held that federal law preempts Michigan’s efforts to shut down the pipeline, for two reasons.

First, the Pipeline Safety Act provides exclusive authority to the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to set nationwide safety standards for interstate pipelines and related infrastructure. The Act prevents a state from imposing its own safety standards on an interstate (and an international) pipeline. The court concluded that Michigan “unlawfully” attempted to “regulate the safety of Line 5 by attempting to shut it down” and by “‘continuing in force’ numerous state safety standards found” in the easement.

Second, the pipeline is subject to a treaty between the United States and Canada, and the United States has an express policy preference in favor of the uninterrupted flow of oil through international pipelines. And, as the court recognized, a “compelled shutdown of an international pipeline blatantly defies” that federal foreign policy. 

Chief of Staff and Senior General Counsel John Adams of ENRD filed the statement of interest.

MS-13 Members Sentenced to Mandatory Life for Racketeering, Two Murders, and Stabbing Five Victims, Including a 16-Year-Old Girl

Source: United States Department of Justice Criminal Division

Baltimore, Maryland – Three men received life sentences, today, for federal conspiracy to participate in a racketeering enterprise involving murders, attempted murders, and drug trafficking, as well as murder in aid of racketeering charges. Wilson Arturo “Humilde” “Marco Saravia” Constanza-Galdomez, 26, of El Salvador; Edis Omar “Little Felon” Valenzuela-Rodriguez, 24, of Honduras; and Jonathan “Truney” Pesquera-Puerto, 24, all received the mandatory sentence.