Author: MIL-OSI Publisher

Source: United States Department of Justice Criminal Division

Today, the Department of Justice launched a cross-agency Trade Fraud Task Force to bring robust enforcement against importers and other parties who seek to defraud the United States. The Task Force will augment the existing coordination mechanisms within the Department of Justice and leverage expertise from both the Civil and Criminal Divisions, as well as the Department of Homeland Security, to aggressively pursue enforcement actions against any parties who seek to evade tariffs and other duties, as well as smugglers who seek to import prohibited goods into the American economy. This Administration is fully committed to holding parties accountable for their attempts to undermine honest American competitors.

On Inauguration Day, President Trump issued the “America First Trade Policy,” which “promotes investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and — above all — benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.” A critical part of the policy is ensuring compliance with trade laws, including the payment of all applicable tariffs and duties, such as antidumping and countervailing duties and Section 301 tariffs intended to level the playing field for U.S. manufacturers. This Task Force will advance the America First Trade Policy by pursuing those who violate customs laws through duty and penalty collection actions under the Tariff Act of 1930, actions under the False Claims Act, and, wherever appropriate, parallel criminal prosecutions, penalties, and seizures under Title 18’s trade fraud and conspiracy provisions.

“The President’s America First Trade Policy supports American manufacturing by ending unfair trade practices,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Civil Division will coordinate with law enforcement partners to bring to justice any parties attempting to harm American workers through evasion of tariffs and other duties.”

Trade fraud not only deprives the government of vital revenue used to reinvest in America, but also threatens critical domestic industries, undermines consumer confidence, and weakens national security. Fraudsters seeking to destabilize and profit off of American markets increasingly are attempting to import below-market, industry-destabilizing goods without paying lawful tariffs and duties or by smuggling prohibited items that violate intellectual property rights of American companies or are otherwise illegal. These fraudsters have harmed American manufacturers and contributed to the loss of American jobs, often with financial backing from America’s adversaries who benefit from the fraud.

“For years, nefarious importers and their co-conspirators have put law-abiding businesses in the United States at a competitive disadvantage — and cheated the American public of funds — by brazenly committing trade fraud,” said Acting Assistant Attorney General Matthew R. Galeotti of the Department of Justice’s Criminal Division. “Trade fraud is not a victimless crime, and it won’t be tolerated.  The Criminal Division, led by the Fraud Section, is committed to using every available tool to hold bad actors accountable and prevent the theft of money intended to reduce the deficit and fund government programs.”

“The Civil Fraud and National Courts Sections of the Commercial Litigation Branch are integral to enforcement efforts aimed at identifying and stopping trade fraud,” said Deputy Assistant Attorney General Brenna Jenny of the Justice Department’s Civil Division. “Since March of this year, the Commercial Litigation Branch has reached civil settlements to resolve allegations of improperly evaded customs duties across a wide range of products, including multi-layered wood flooring, plastic resin, extruded aluminum products, and quartz surface products.  We look forward to enhanced coordination and information sharing with our law enforcement colleagues, and we welcome the vital contributions of whistleblowers who can help identify fraud schemes involving an array of imported products.”

Consistent with Executive Order 14243 aimed at “enhancing the Government’s ability to detect overpayments and fraud[,]” the Trade Fraud Task Force will work closely with its law enforcement partners at the Department of Homeland Security, specifically U.S. Customs and Border Protection and Homeland Security Investigations, to identify and combat trade fraud that threatens our economic and national security interests.  These enhanced cooperative efforts will serve the dual purposes of a more efficient government for the taxpayer and improved enforcement and deterrent outcomes.

“With unique customs authorities, expertise, generations of experience carried forward from the legacy U.S. Customs Service, and a steadfast commitment to interagency collaboration, ICE HSI’s Global Trade Division is fully committed to partnering with the Department of Justice and U.S. Customs and Border Protection to strengthen the investigations of trade-related crimes,” said Assistant Director for Global Trade Ivan Arvelo of U.S. Immigration and Customs Enforcement, Homeland Security Investigations. “Enforcing U.S. international trade laws is one of our agency’s top priorities, and this revitalized and expanded Trade Fraud Task Force is a significant step in the right direction. These enhanced efforts will undoubtedly add immense value to the task force and yield positive results in support domestic industry and businesses engaging in legal international commerce.”  

Because American manufacturers and American workers are at the heart of this Administration’s trade policy, the Task Force welcomes referrals and cooperation from the domestic industries that are most harmed by unfair trade practices and trade fraud. Domestic industries are often best placed to spot fraud that threatens our markets and the livelihoods of American workers and their families. Referrals can be submitted to the Criminal Division’s Corporate Whistleblower Program at CorporateWhistleblower@usdoj.gov using the form available here. Similarly, the Task Force encourages whistleblowers to utilize the qui tam provisions of the False Claims Act to alert the government to credible allegations of fraud.  Finally, the Task Force encourages all importers and their agents to conduct thorough audits of their importing practices and voluntarily self-disclose and remediate unlawful behavior consistent with the Justice Manual §§ 4-4.112 and 9-74.120.

Source: United States Department of Justice Criminal Division

Three Florida men were sentenced this week for tax crimes related to a scheme to prepare false tax returns for clients. Jonathan Carillo was sentenced to 121 months in prison, Franklin Carter Jr. was sentenced to 84 months in prison, and Diandre T. Mentor was sentenced to 36 months in prison. 

The following is according to court documents and statements made in court: from 2016 to 2020, Carter and Carrillo owned and operated Neighborhood Advance Tax (NAT), a return preparation business with a dozen offices throughout Florida. Mentor was employed there as a return preparer and from 2018 and 2019 he was the manager of the Orlando office. Carter, Carrillo, Mentor, and their co-conspirators fraudulently inflated client tax refunds by fabricating deductions on their returns. They also held periodic training sessions at which they taught other NAT employees how to prepare fraudulent tax returns.

In 2020, Mentor and his co-conspirators started their own tax return preparation business called  Smart Tax & Finance. Like NAT, Mentor and his co-conspirators prepared false tax returns for clients which included fabricated deductions. Mentor and his co-conspirators also taught franchise owners and employees how to prepare false returns for clients. In total, Mentor caused a tax loss to the IRS of $3,090,077.

In 2021, Carter, Carrillo, and their co-conspirators started a new return preparation business, Taxmates, which operated out of the same offices that NAT previously used. As with NAT, Carter, Carrillo, and others used Taxmates to prepare false tax returns for clients. Many of those returns included false deductions. Carter, Carrillo and their co-conspirators also taught franchise owners and employees how to prepare false returns for clients. In total, they caused a tax loss to the IRS exceeding $12 million.

Several other co-conspirators have been sentenced for their roles in the scheme including Emmanuel Almonor and Adon Hemley, who were sentenced to 57 months in prison and 46 months in prison, respectively.

In addition to their prison sentences, U.S. District Judge Wendy W. Berger for the Middle District of Florida ordered Mentor to serve three years of supervised release and to pay approximately $3,090,077 in restitution to the United States; Carter to serve three years of supervised release and to pay approximately $12,543,946 in restitution to the United States; and Carrillo to serve three years of supervised release and to pay approximately $12,170,066 in restitution to the United States.

IRS Criminal Investigation investigated the case.

Trial Attorney Michael L. Jones of the Justice Department’s Tax Division and Assistant U.S. Attorney Megan Testerman for the Middle District of Florida prosecuted the case.

Source: United States Department of Justice Criminal Division

Kimberly-Clark Corporation (Kimberly-Clark), a U.S.-based multinational consumer goods and personal care company, has agreed to pay up to $40.4 million to resolve a criminal charge relating to the company’s sale of adulterated MicroCool surgical gowns.

“Kimberly-Clark betrayed the trust placed in it by consumers and healthcare providers when it chose to defraud the FDA and bring adulterated surgical gowns to market for its own financial gain,” said Acting Assistant Attorney General Matthew R. Galeotti of the Justice Department’s Criminal Division. “Today’s resolution demonstrates the Criminal Division’s unwavering commitment to holding corporations accountable when they threaten the integrity of our healthcare system. This resolution, in which the company has agreed to pay up to $40 million, sends a clear message that those who endanger patients and medical professionals will face significant criminal penalties.”

“Companies that sell medical products cannot misrepresent the safety and quality of those products,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department of Justice will continue to vigorously enforce laws that protect patients and medical professionals.”

A criminal information filed today in U.S. District Court in the Northern District of Texas charges Kimberly-Clark with one count of introducing adulterated surgical gowns into interstate commerce with an intent to defraud and mislead. According to court filings, a Kimberly-Clark employee conducted fraudulent testing on Kimberly-Clark’s MicroCool gowns to avoid having to submit a premarket notification to the U.S. Food and Drug Administration (FDA) after Kimberly-Clark made a change to the gowns. A premarket notification is meant to show FDA that a medical device is as safe and effective as an already legally marketed device. Based on the fraudulent testing, Kimberly-Clark sold the gowns after the change without a new premarket notification, marketing the gowns as providing the highest level of protection against fluid and viruses.

Under the terms of a deferred prosecution agreement filed with the criminal information, Kimberly-Clark will pay up to $40,400,000, which consists of a monetary penalty of $24,500,000, a forfeiture of profits of $3,900,000, and up to $12,000,000 in victim compensation. The deferred prosecution agreement resolves a criminal investigation into Kimberly-Clark’s sale of its adulterated MicroCool surgical gowns under the Federal Food, Drug, and Cosmetic Act (FDCA).

According to court documents, surgical gowns sold in the United States are subject to regulation by the FDA, which recognizes a system of classification set forth by the American National Standards Institute (ANSI) and the Association for the Advancement of Medical Instrumentation (AAMI) — known as the ANSI/AAMI PB70 standard. The ANSI/AAMI PB70 standard was first established in 2003 and revised to be more rigorous in 2012. Under the standard, the highest protection level for surgical gowns — AAMI Level 4 — is reserved for gowns intended to be used in surgeries and other high-risk medical procedures on patients suspected of having infectious diseases. To establish compliance with the standard, a surgical gown needs to demonstrate blood-borne pathogen resistance in each of several critical zones, including the sleeve, by preventing fluids from penetrating the gown.

As part of the deferred prosecution agreement, Kimberly-Clark admitted that, with an intent to defraud and mislead and to avoid filing a 510(k) premarket notification with FDA for its MicroCool gowns, an employee of Kimberly-Clark directed the preparation of test samples for the surgical gowns that did not meet the requirements of AAMI Level 4 testing. Kimberly-Clark further admitted that between late 2013 and late 2014, it sold millions of adulterated MicroCool surgical gowns labeled as AAMI Level 4 after the fraudulent testing and without a new 510(k) FDA premarket notification. In total, Kimberly-Clark sold approximately $49,000,000 worth of adulterated MicroCool gowns to customers in the United States and abroad.

As part of the criminal resolution, Kimberly-Clark agrees to continue to cooperate with the Justice Department and to report any evidence or allegation of a violation of section 510(k) of the FDCA. Kimberly-Clark has further agreed to strengthen its compliance program and abide by reporting requirements, which require the company to submit a report to the government regarding the status of Kimberly-Clark’s enhancements to its compliance program and internal controls, policies, and procedures aimed at deterring and detecting violations of section 510(k) of the FDCA, and the status of its remediation efforts.

The government reached this resolution with Kimberly-Clark based on a number of factors, including the nature and seriousness of the offense conduct and Kimberly-Clark’s failure to timely and voluntarily self‑disclose the offense conduct to the Department. In addition, Kimberly-Clark fully cooperated with the investigation conducted by the government, including by conducting a thorough internal investigation, meeting requests from the government promptly, making factual presentations to the government, and producing extensive documentation to the government.

The government considered that Kimberly-Clark ceased manufacturing surgical gowns when it spun off its healthcare division in November 2014, as Halyard Health, Inc., which later became Avanos Medical, Inc. It also considered that it did not uncover evidence that patients suffered physical harm because of the misbranding.

The criminal case was investigated by the FDA’s Office of Criminal Investigations.

Trial Attorneys David Gunn, Max Goldman, and Amanda Kelly of the Civil Division’s Consumer Protection Branch, and Jacob Foster, Acting Chief of the Criminal Division’s Health Care Fraud Unit, prosecuted the case.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting health care fraud (HCF) matters. Additional information about the Justice Department’s HCF enforcement efforts can be found at https://www.justice.gov/criminal/criminal-fraud/health-care-fraud-unit.

Source: United States Department of Justice Criminal Division

The Justice Department today secured an agreement with the North Carolina Department of Adult Corrections (NCDAC) to ensure that incarcerated individuals with hearing disabilities are provided effective communication and the opportunity to participate equally in NCDAC’s prison services, programs, and activities.  NCDAC operates more than 50 prison facilities and houses more than 30,000 individuals.

The agreement resolves complaints under the Americans with Disabilities Act (ADA) alleging that NCDAC fails to provide incarcerated individuals with hearing disabilities with sign language interpreters, hearing aids, cochlear implants, text telephones, videophones, and other auxiliary aids and services.  Under the settlement agreement, NCDAC will identify and accommodate incarcerated individuals with appropriate auxiliary aids and services, as well as provide training on the ADA to staff.

“The ADA requires effective communication for incarcerated individuals with hearing disabilities so they have access to critical programs, including religious and vocational services,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to eliminating barriers, including communication barriers, that prevent individuals with disabilities from participating fully in prison programs.”

To learn more about the Civil Rights Division visit www.justice.gov/crt, and to report possible violations of federal civil rights laws go to www.civilrights.justice.gov. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TTY 1-833-610-1264) or visit www.ada.gov.