Category: MIL-OSI

Source: United States Department of Justice Criminal Division

Today, the Justice Department’s Civil Rights Division ended a court-imposed decree initiated by the Carter administration, which limited the hiring practices of the federal government based on flawed and outdated theories of diversity, equity, and inclusion.

In Luevano v. Ezell, the Court dismissed a consent decree based on a lawsuit initially brought by interest groups representing federal employees in 1979. The decree entered in 1981 imposed draconian test review and implementation procedures on the Office of Personnel Management—and consequently all other federal agencies—requiring them to receive permission prior to using any tests for potential federal employees, in an attempt to require equal testing outcomes among all races of test-takers.

“For over four decades, this decree has hampered the federal government from hiring the top talent of our nation,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit—not race.”

“It’s simple, competence and merit are the standards by which we should all be judged; nothing more and nothing less,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “It’s about time people are judged, not by their identity, but instead ‘by the content of their character.’”

Note: Read the Dismissal here. 

Source: United States Department of Justice Criminal Division

Two alleged members of Free Money, a violent Houston-based street gang, were indicted yesterday in the Southern District of Texas for their alleged roles in the murder of one individual and attempted murder of another during a gang-related ambush.

According to court documents, Free Money members and associates engage in robbery, home invasions, drug distribution, and murder. The defendants, Terry Ardoin, 24, and Travonte Ardoin, 27, both of Houston, allegedly committed the murder in connection with an ongoing gang war with a rival group.

On June 24, 2022, in broad daylight, surveillance footage captured the Ardoins following a Chevrolet Equinox into a shopping center parking lot in a Black Nissan Altima. As alleged in court documents, the driver of the Equinox entered a nearby store while the passenger remained in the vehicle. When the driver returned, the Ardoins allegedly exited the Altima wearing masks and opened fire on both individuals.

Witnesses reported hearing numerous gunshots and described the distinct sound of a fully automatic weapon, believed to have been modified with a machine gun conversion device commonly referred to as a “switch.” 

Multiple rounds struck the vehicle’s passenger compartment. Houston Police Department officers responded within minutes and found one victim deceased.

Terry and Travonte Ardoin are charged with murder in aid of racketeering, attempted murder in aid of racketeering, use of a firearm in furtherance of a crime of violence and causing death through the use of a firearm. If convicted, they face a maximum penalty of life in prison or a death sentence. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI conducted the investigation with the assistance of the Houston Police Department.

Trial Attorney Ralph Paradiso of the Criminal Division’s Violent Crime and Racketeering Section (VCRS) and Assistant U.S. Attorney Benjamin Brown for the Southern District of Texas are prosecuting the case.

This case is part of the Criminal Division’s Violent Crime Initiative to prosecute violent crimes in Houston. The Criminal Division and the U.S. Attorney’s Office for the Southern District of Texas have partnered, along with local, state, and federal law enforcement agencies, to confront violent crimes committed by gang members and associates through the enforcement of federal laws and use of federal resources to prosecute the violent offenders and prevent further violence.

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

Defense contractor Aero Turbine Inc., of Stockton, California, and private equity company Gallant Capital Partners LLC, of Los Angeles, have agreed to pay $1.75 million to resolve their liability under the False Claims Act for knowingly failing to comply with cybersecurity requirements in an Aero Turbine contract with the Department of the Air Force. In connection with the settlement, the United States acknowledged that Aero Turbine and Gallant took significant steps entitling them to credit for cooperating with the government.

“Government contractors must follow required cybersecurity standards to protect sensitive defense information,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “When defense contractors fail to comply with cybersecurity requirements, they can mitigate the consequences by making timely self-disclosures, cooperating with investigations, and taking prompt remedial measures.”

“Every defense contractor must provide adequate security to safeguard covered defense information,” said Acting U.S. Attorney Kimberly A. Sanchez for the Eastern District of California. “We commend Aero Turbine and Gallant for disclosing the issue and promptly cooperating to address it. We encourage others to follow their example of self-reporting to resolve violations.”

“Protecting the integrity of the Department of Defense (DoD) procurement processes is a top priority for the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Director Kelly Mayo of DCIS. “Failing to comply with DoD contract specifications and cybersecurity requirements puts DoD information and programs at risk of exploitation. DCIS will continue to collaborate with our law enforcement partners and the Department of Justice to investigate allegations of false claims on DoD contracts.”

“This case serves as a reminder that cybersecurity transcends mission sets. Ensuring companies adhere to robust cybersecurity safeguards is integral to maintaining the Air Force’s operational edge against adversaries,” said Special Agent in Charge Caroline Galinis of the Air Force Office of Special Investigations (AFOSI), Procurement Fraud Detachment 1. “AFOSI’s Procurement Fraud team, alongside investigative partner agencies and the Department of Justice, played a critical role in protecting U.S. national security interests.”

The settlement resolves the liability of Aero Turbine and Gallant under the False Claims Act for knowingly submitting or causing others to submit false or fraudulent claims for payment on a Department of the Air Force contract, which were allegedly false or fraudulent because they had not complied with the contract’s cybersecurity requirements. From January 2018 to February 2020, Aero Turbine allegedly failed to implement certain cybersecurity controls in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 that, if not implemented, could lead to significant exploitation of the system or exfiltration of sensitive defense information.

In addition, from June to July 2019, Aero Turbine and Gallant allegedly failed to control the flow of, and limit unauthorized access to, sensitive defense information by providing a software company based in Egypt with files containing such information, even though the software company and its foreign citizen personnel were not authorized to receive sensitive defense information under the Air Force contract. After learning of the issues, Aero Turbine and Gallant provided the government with multiple written self-disclosures, cooperated with the government’s investigation of the issues, and took prompt remedial action.

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, the U.S. Attorney’s Office for the Eastern District of California, DCIS, AFOSI, and the Air Force Materiel Command Law Office Procurement Fraud Division. The matter was handled by Fraud Section attorneys Robin Overby and Christopher Terranova and Assistant U.S. Attorney David Thiess.

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

Note: Read the Settlement here.