Category: MIL-OSI

Source: United States Department of Justice Criminal Division

Mufid Fawaz Alkhader, 29, of Schenectady, New York, was sentenced today to 10 years in prison for conspiring to illegally straw purchase a firearm, obstructing the free exercise of religious beliefs with a dangerous weapon, and brandishing a firearm in furtherance of a crime of violence.

On Dec. 7, 2023, Alkhader took an Uber from his home to Temple Israel, a synagogue in Albany. Upon arriving at the synagogue, at approximately 2:00 p.m., Alkhader walked up the walkway toward the front entrance, brandished the Kel-Tec shotgun, and then twice fired the shotgun into the air while shouting “Free Palestine!” Alkhader attempted to fire a third time, but the shotgun jammed. After the shotgun jammed, Alkhader attempted to tear an Israeli flag from a flagpole in front of Temple Israel. Albany Police Officers responded to the scene and arrested Alkhader outside of a nearby hospital. As a result of Alkhader’s actions, Temple Israel was forced to cancel a planned concert and candle lighting ceremony to celebrate Chanukah that evening, and its congregants were afraid to return to their place of worship.

“The Department of Justice stands firmly against antisemitism and all hate crimes,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “We are committed to protecting everyone in our communities and upholding the freedom of religion as enshrined in the First Amendment of the Constitution.”

“This shooting, outside of a synagogue on the eve of a Channukah celebration, was unfortunately emblematic of the anti-Semitic violence, rhetoric and practices that have swept this country over the last few years,” Acting U.S. Attorney John A. Sarcone III for the Northern District of New York. “This year, the Justice Department has emphatically said – through its words and actions – no more. My office, with our law enforcement partners, will do everything within our powers to make sure everyone in the Northern District of New York can exercise their right to practice their religion without fear of violence and hatred.”

“Mr. Alkhader’s violent actions were fueled by hatred for individuals simply because of their faith. That hatred caused tremendous terror within the Temple Israel community – and the Jewish community as a whole – as they were preparing for the first night of Channukah,” said Special Agent in Charge Craig L. Tremaroli of the FBI Albany Field Office. “We hope this sentence can play an important part in the community’s continued healing process, but can also serve as a notice that violence, especially borne from hate, will not be tolerated by the FBI. We will continue to work tirelessly with our law enforcement partners to thoroughly investigate these hateful incidents and bring justice to the victims, so no one has to live in fear.”

“This sentencing reflects our commitment to stopping those who unlawfully obtain firearms to cause fear and chaos in our communities,” said Special Agent in Charge Bryan Miller of the ATF New York Field Division. “When individuals conspire to bypass gun laws and use firearms to intimidate others, they will be held accountable. This case highlights the importance of our ongoing work to disrupt illegal firearm activity before it turns deadly. I’m grateful for the partnership between ATF NY Albany Field Office, FBI Albany, the Albany Police Department, the New York State Police and U.S. Attorney’s Office Northern District of NY — a united front in keeping our communities safe.”

“The sentencing in this case sends a clear message that violence and crimes of hate targeting any community, including those of our Jewish community, will not be tolerated,” said Albany Police Chief Brendan Cox. “The Albany Police Department remains committed to protecting all communities and to hold those accountable who seek to spread fear and hate.”

As part of his prior guilty plea, Alkhader admitted that, between Nov. 1 and Nov. 6, 2023, he and Andrew Miller agreed that Miller would purchase a shotgun for Alkhader by lying to a firearms dealer and falsely representing that Miller was the purchaser of the gun. On Nov. 5, 2023, Alkhader and Miller drove to a federal firearms dealer in Albany and illegally purchased a Kel-Tec KS7 12-gauge pump-action shotgun.

U.S. District Judge Anne M. Nardacci for the Northern District of New York also imposed a five-year term of supervised release to begin after Alkhader is released from prison.

Andrew Miller previously pleaded guilty and was sentenced to 14 months of in prison for his role in the straw purchase of the shotgun.

The FBI’s Albany Field Office, in conjunction with the ATF and the Albany Police Department, investigated the case.

Assistant U.S. Attorneys Richard Belliss and Alexander Wentworth-Ping for the Northern District of New York, Trial Attorney Trevor Kempner of the Department of Justice’s Civil Rights Division, and Trial Attorney Jennifer Levy of the Department of Justice’s National Security Division prosecuted the case. Additionally, Assistant U.S. Attorneys Michael Perry and Michael Gadarian for the Northern District of New York provided counsel in the investigation and prosecution of this case.

Source: United States Department of Justice Criminal Division

The Justice Department announced today the successful completion of an agreement between Suffolk County, New York, Police Department (SCPD) and the Department of Justice. Entered into in 2014, the agreement called for SCPD to improve bias-free policing, increase community engagement, and develop additional policies and training, among other things. With support from the Justice Department, as set forth in a report issued today, SCPD has now achieved sustained substantial compliance with all of the agreement’s terms.

“Suffolk County Police Department’s commitment to protecting the public in a constitutionally compliant way is commendable,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “This Department of Justice is committed to collaborating with law enforcement to make American communities safer.”

“The Suffolk County Police Department is to be commended for taking the steps necessary to achieve the objectives of the 2014 agreement with the Department of Justice and our Office,” said U.S. Attorney Joseph Nocella Jr. for the Eastern District of New York.  “Policing in Suffolk County has been enhanced and become more responsive to community needs.  The partnership between our Office and the SCPD has strengthened the safety of all residents of the County.”

SCPD implemented language assistance policies and deployed resources to ensure that people with Limited English Proficiency have meaningful access to police services. It improved reporting and supervision throughout the department. It also improved policies, training, and tracking to better handle hate crimes and misconduct complaints.

Please click here to read the Cover Letter and Final Suffolk Report

Source: United States Department of Justice Criminal Division

BWI North America Inc., BWI Indiana Inc., and BWI Chassis Dynamics (NA) Inc. (together, the BWI Entities), have agreed to pay $21,660,983 to resolve allegations that they violated the False Claims Act by submitting false claims to obtain Paycheck Protection Program (PPP) loans for which they were not eligible.

Congress created the PPP in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects of the COVID-19 pandemic. Under the PPP, eligible businesses could receive forgivable loans guaranteed by the Small Business Administration (SBA). Regulations provide various eligibility requirements for the PPP, including limitations on the number of individuals the borrower and its affiliated entities employed and exclusions for certain types of businesses, like those that are owned by government entities. In their loan applications, borrowers were required to certify that they were eligible for the PPP and that the information they provided was accurate.

The BWI Entities are part of a large multinational corporation that supplies automotive brake and suspension systems worldwide. At the time they applied for and received their PPP loans, the BWI Entities were each majority-owned and controlled by government enterprises of the People’s Republic of China, including the State-Owned Assets Supervision and Administration Commission of Beijing.

In applying for their PPP loans, the BWI Entities certified that they were eligible for the PPP The United States alleges that the BWI Entities were not eligible for their PPP loans because they were affiliated with other companies in China, Europe, and elsewhere, and together with their affiliates across the globe, the BWI Entities employed more individuals than permitted by SBA’s size standard for their industry. The United States also contends that the BWI Entities were not eligible because they were ultimately owned by a government entity.

The BWI Entities cooperated with the United States’ investigation by identifying individuals involved in or responsible for the conduct and disclosing facts and documents gathered during their own investigation. As a result, the BWI Entities received credit under the Department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases.

“The United States Attorney’s Office takes seriously its obligation to combat fraud and protect American taxpayers,” said Acting U.S. Attorney Richard G. Frohling for the Eastern District of Wisconsin. “This settlement demonstrates that businesses and individuals who abuse government programs like the Paycheck Protection Program will be held accountable.”

“The SBA is committed to rooting out every dollar of PPP fraud,” said SBA General Counsel Wendell Davis. “Alongside the Department of Justice Civil Fraud Section, US Attorney’s Office in the Eastern District of Wisconsin, and our other law enforcement partners, the agency will aggressively pursue bad actors to hold them accountable and recover pandemic relief funds improperly obtained from the program.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to file an action on behalf of the United States and receive a portion of any recovery.  The lawsuit was filed by GNGH2 Inc., which will receive $2,166,098.30 in connection with this settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Office for the Eastern District of Wisconsin, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Lindsey Roberts of the Civil Division and Assistant U.S. Attorney Michael Carter for the Eastern District of Wisconsin handled the matter.

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

Source: United States Department of Justice Criminal Division

An indictment was unsealed today in U.S. District Court charging Jimmy Cherizier, also known as Barbecue, 48, of Port-au-Prince, Haiti, and Bazile Richardson, also known as Fredo, Fred Lion, Leo Danger, and Lepe Blode, 48, a naturalized U.S. citizen, with leading a conspiracy to transfer funds from the United States to Cherizier to fund his gang activities in Haiti in violation of the U.S sanctions imposed on Cherizier. Cherizier is a fugitive believed to be Haiti. Richardson was arrested on July 23 in Pasadena, Texas, and is expected to make his initial court appearance today in the District of Columbia.

Concurrent with the indictment, the U.S. Department of State’s Transnational Organized Crime Rewards Program is offering a reward of up to $5 million for information leading to the arrest or conviction of Cherizier. If you have information, please contact the FBI at 1-800-CALL-FBI or online at www.tips.fbi.gov. Information may also be provided to HSI at 1-866-DHS-2-ICE or online at www.ice.gov/webform/ice-tip-form.

“Cherizier and a U.S. associate sought to raise funds in the United States to bankroll Cherizier’s violent criminal enterprise, which is driving a security crisis in Haiti,” said Assistant Attorney General for National Security John A. Eisenberg. “The National Security Division does not tolerate criminal gang fundraising in the United States, and will continue to pursue those who enable Haiti’s violence and instability.”

“There’s a good reason that there’s a $5 million reward for information leading to Cherizier’s arrest. He’s a gang leader responsible for heinous human rights abuses, including violence against American citizens in Haiti,” said U.S. Attorney Jeanine Ferris Pirro for the District of Columbia. “The U.S. government sanctioned Cherizier in 2020 because he was responsible for an ongoing campaign of violence, including the 2018 La Saline massacre, in which 71 people were killed, more than 400 houses were destroyed, and at least seven women raped by armed gangs. The U.S. Attorney’s office is committed to apprehending Cherizier and bringing him to justice, along with individuals like defendant Richardson, who has sent money and other support to Cherizier from the United States in violation of U.S. sanctions. Our office is committed to keeping Americans safe anywhere in the world, and the gang violence that has ravaged Haiti must end.”

“The FBI is committed to confronting foreign terrorist organizations wherever they operate, and Jimmy ‘Barbecue’ Cherizier’s gang is no exception,” said Acting Assistant Director Darren Cox of the FBI Criminal Investigative Division. “Through intelligence, partnerships, and the full weight of federal law, we are dismantling FTOs and rooting out those who threaten the safety of our communities.”

“The unsealing of this indictment marks the results of a lengthy investigation into Jimmy Cherizier’s criminal activities,” said Acting Immigration and Customs Enforcement (ICE) Director Todd M. Lyons. “His actions to fund the oppression and slaughter of Haitians, including firearm procurement and trafficking networks, fundraising activities, movement and usage of U.S. dollars, and violations of sanctions, are unconscionable — but today marks a step towards accountability.”

“The Department of State is offering a reward of up to $5 million for information leading to the arrest and/or conviction of Jimmy Cherizier, the leader of Foreign Terrorist Organization Viv Ansanm,” said Senior Bureau Official Chris Landberg of the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs. “The State Department will continue to apply its tools, including rewards programs, to combat the scourge of transnational organized crime and its violence — especially to stop the worst of the worst criminal ringleaders threatening the people of our hemisphere.”

According to court documents, Cherizier is a former officer in the Haitian National Police and the leader of a gang known as the Revolutionary Forces of the G9 Family and Allies who helped to forge a gang alliance called Viv Ansanm that united Haiti’s many criminal gangs to oppose the legitimate government of Haiti. On Dec. 10, 2020, the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department sanctioned Cherizier and designated him as a Specially Designated National (SDN) for his role in serious human rights abuses in Haiti. As a result of the SDN designation, U.S. persons are generally prohibited from engaging in transactions with or for the benefit of Cherizier absent approval from OFAC in the form of a license.

As alleged in the indictment, since Cherizier’s SDN designation in December 2020, Cherizier and Richardson have together led a wide-ranging conspiracy with individuals in the United States, Haiti, and elsewhere to raise funds for Cherizier’s gang activities in violation of the sanctions imposed on Cherizier.

In particular, Cherizier and Richardson directly solicited money transfers from members of the Haitian diaspora located in the United States. After sending funds to intermediaries in Haiti for Cherizier’s benefit, the U.S. and Haitian co-conspirators would send Cherizier images of receipts from the money transfers. Cherizier used these funds principally to pay salaries to the members of his gang and to acquire firearms from illicit firearms dealers in Haiti.

The FBI Miami Field Office and HSI Washington Field Office are investigating the case, with substantial assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration. Providing valuable support are the FBI Houston, Boston, and Charlotte Field Offices and the HSI Miami Field Office.

Assistant U.S. Attorney Thomas N. Saunders for the District of Columbia and Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with valuable assistance from former Assistant U.S. Attorney Kimberly Paschall, Assistant U.S. Attorney Karen Seifert, and former Trial Attorney Benjamin Koenigsfeld. Significant support was provided by the U.S. Attorney’s Office for the Southern District of Florida, the U.S. Attorney’s Office for the Southern District of Texas, the U.S. Attorney’s Office for the Eastern District of North Carolina, and the Department of State and U.S. Embassy in Port-au-Prince.

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

Source: United States Department of Justice Criminal Division

The Justice Department today announced the settlement of litigation challenging former race-based admissions practices at the U.S. Military Academy at West Point and the U.S. Air Force Academy. The settlement results in dismissal of two lawsuits brought by plaintiff Students for Fair Admissions Inc. The lawsuits challenged race-based admissions at the two military academies as unconstitutional under the Fifth Amendment.

“This Department is committed to eliminating DEI practices throughout the federal government,” said Attorney General Pamela Bondi. “We are proud to partner with the Department of Defense to permanently end race-based admissions at West Point and the Air Force Academy — admission to these prestigious military institutions should be based exclusively on merit.”

“America is the land of equal opportunity, in spirit and in law,” said U.S. Attorney Jay Clayton for the Southern District of New York. “Today’s agreement ensures that our future military leaders will carry on the greatness that is born of opportunity, effort, and a level playing field.”

The Department’s agreement with Students for Fair Admissions avoids the need for continued litigation in these two cases. It includes agreed-upon terms that help ensure that admission to these prestigious institutions is based exclusively on merit, not race or ethnicity. Earlier this year, the Department resolved similar litigation in the U.S. Court of Appeals for the Fourth Circuit regarding the U.S. Naval Academy’s former race-based admissions practices.

Combatting unlawful discrimination is a top priority of the Justice Department’s Civil Division. Additional information about the Civil Division is available at www.justice.gov/civil.

Source: United States Department of Justice Criminal Division

Today, the Department of Justice finds George Washington University (GWU) in violation of federal civil rights law by acting deliberately indifferent to the hostile educational environment for Jewish, American-Israeli, and Israeli students and faculty.

The Civil Rights Division’s investigation was conducted pursuant to Title VI of the Civil Rights Act of 1964, which prohibits discrimination, harassment, and abuse based on race or national origin, by recipients of federal financial assistance. The Division finds that GWU took no meaningful action and was instead deliberately indifferent to the complaints it received, the misconduct that occurred, and the harms that were suffered by its Jewish and Israeli students and faculty. The Justice Department will seek immediate remediation with GWU for its civil rights violations.

“Every student has the right to equal educational opportunities without fear of harassment or abuse,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “No one is above the law, and universities that promulgate antisemitic discrimination will face legal consequences.”

You may view the Notice of Findings here.

Source: United States Department of Justice Criminal Division

Note: view complaint here.

The Justice Department filed a complaint today in U.S. District Court for the Northern District of Texas to permanently bar Maxumus Tax LLC and its owner and tax return preparer James Carroll III from preparing tax returns for others. Maxumus Tax allegedly operates a tax return preparation store located in Fort Worth, Texas, and serves customers online.

According to the complaint, Maxumus Tax prepared customers’ tax returns that inflated by more than $5 million claims for tax credits enacted to combat the economic impact of the COVID-19 Pandemic. Further, Maxumus Tax allegedly fabricated business losses on tax returns, including by concocting entirely non-existent businesses, to fraudulently reduce reported taxable income.  Between 2021 and 2024, Maxumus and Carroll prepared more than 7,000 income tax returns, according to the complaint.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams, and taxpayers seeking a return preparer should remain vigilant. The IRS has information on its website for choosing a tax preparer, launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns.

In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found here. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.