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Source: United States Department of Justice Criminal Division

Two former correctional officers from the Southern Regional Jail in Beaver, West Virginia, were sentenced today for their roles in an assault that resulted in the death of a pretrial detainee, identified by the initials Q.B., on March 1, 2022. Mark Holdren, 41, was sentenced to 20 years in prison. Johnathan Walters, 33, was sentenced to 21 years in prison.

Holdren and Walters had each pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights, resulting in Q.B.’s death. According to court documents filed in connection with the guilty pleas, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in restraining Q.B. Holdren began using force against Q.B., including multiple knee-strikes that he knew were unreasonable.

Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully assaulting him as punishment for his attempt to leave the pod. As a part of the conspiracy, Holdren and other officers brought Q.B. to an interview room, where Walters joined them. In the interview room, Holdren and other officers used unreasonable force against Q.B., including striking Q.B. in the head multiple times, kicking, knee-striking him, pulling and twisting his fingers, and using pepper spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone.

After assaulting Q.B. in the interview room, officers transported him to another pod. During the transport, Q.B. became limp and was unable to walk on his own. Walters and other officers then carried Q.B. by his arms and legs to the pod’s entryway door, where Walters admitted he used unreasonable force to swing Q.B.’s head into the metal door to open the door. Walters and other officers then carried Q.B. into a cell, where they dropped the unresponsive and handcuffed Q.B. onto the concrete floor. Shortly thereafter, responding emergency medical personnel declared that Q.B. was deceased.

With their guilty pleas, Holdren and Walters each further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” – meaning, there were no surveillance cameras to record what happened there. Holdren and Walters were aware that, prior to the assault of Q.B. on March 1, 2022, officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, so that officers could use unreasonable force without being captured on video, thereby avoiding accountability for their actions. Holdren and Walters each further admitted knowing that officers could not use unreasonable force to punish inmates, including pretrial detainees such as Q.B. 

Holdren and Walters are two of six correctional officers who were indicted in this case. In November 2024, defendant Corey Snyder pleaded guilty in connection with the use of unreasonable force against Q.B., resulting in his death. Jacob Boothe pleaded guilty in August 2024 to failing to intervene to protect Q.B. from the officers’ assault. Sentencing hearings for Snyder and Boothe are scheduled for July 10.

In August 2024, Ashley Toney pleaded guilty to failing to intervene to protect Q.B. from the officers’ assault. On June 9, U.S. District Court Judge Joseph R. Goodwin sentenced Toney to 78 months in prison.

On Jan. 27, a federal jury returned a guilty verdict at trial for the sixth indicted defendant, Chad Lester, a former Lieutenant at the Southern Regional Jail, finding him guilty on three obstruction of justice charges for his role in conspiring to cover up the death of Q.B. On May 15, Judge Goodwin sentenced Lester to 210 months in prison.

Prior to the indictment of the above six defendants, former correctional officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring to use unreasonable force against Burks. On May 8, Chief U.S. District Court Judge Frank W. Volk sentenced Wimmer to 108 months in prison. Fleshman is scheduled for sentencing before Judge Volk on July 14.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement.

The FBI Pittsburgh Field Office investigated the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division prosecuted the case in partnership with the U.S. Attorney’s Office for the Southern District of West Virginia.

Source: United States Department of Justice Criminal Division

A federal grand jury has returned an indictment against Timothy J. Leiweke, the Co-Founder and Chief Executive Officer of Oak View Group (OVG), for orchestrating a conspiracy to rig the bidding process for an arena at a public university in Austin, Texas, the Justice Department’s Antitrust Division announced today. OVG develops and provides a variety of services to live entertainment venues.

The indictment, filed in the U.S. District Court for the Western District of Texas, alleges that, from approximately February 2018 through at least June 2024, Leiweke conspired with the Chief Executive Officer of a competitor to rig the bidding for the development, management, and use of a multi-purpose arena that was to be located on the campus of a public university in Austin, Texas (the “Arena Project”).  

“As outlined in the indictment, the Defendant rigged a bidding process to benefit his own company and deprived a public university and taxpayers of the benefits of competitive bidding,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “The Antitrust Division and its law enforcement partners will continue to hold executives who cheat to avoid competition accountable.”

“Unfair business practices, like those employed here, make it very difficult for the American people to pursue prosperity like our founders intended,” said U.S. Attorney Justin R. Simmons for the Western District of Texas. “In the Western District of Texas, we’re proud to work with our colleagues in the Antitrust Division on these types of cases, and we will do all we can to ensure those who engage in the type of conduct described in this case are held to account.”

“Timothy Leiweke allegedly led a scheme designed to steer the contract for entertainment services at a public university’s arena to his company. Public contracts are subject to laws requiring an open and competitive bid process to ensure a level playing field,” said Assistant Director in Charge Christopher G. Raia of the FBI New York Field Office. “The FBI is determined to ensure that those who disregard fair competition principles do not benefit from a rigged bidding process targeting our communities and public institutions.”

“An important part of the mission of the Office of Inspector General is to investigate allegations of corruption and illegal influence in the American workplace,” said Special Agent in Charge Jonathan R. Mellone of the U.S. Department of Labor, Office of the Inspector General, Northeast region. “We will continue to work closely with our law enforcement partners to investigate these types of allegations.”

According to the indictment, in September 2017, Leiweke informed colleagues that he had learned another venue-services company was “bidding against us” for the Arena Project and wanted to “find a way to get [the competitor] some of the business” and “get them to back down.”  In November 2017, Leiweke informed others that he was “[m]ore than happy talking to [the competitor] about not bidding and [receiving certain subcontracts]” but had “no interest in working with them if they intend on putting in a bid.” In February of 2018, Leiweke ultimately reached an agreement with the competitor’s CEO, pursuant to which the competitor agreed that it would stand down and neither submit nor join an independent competing bid for the Arena Project. In exchange for the competitor’s agreement to stand down, Leiweke represented that the competitor would receive Arena Project’s subcontracts. Consistent with the bid-rigging agreement, the competitor did not submit a competing bid for the Arena Project. OVG ultimately submitted the sole qualified bid and won the Arena Project.  The arena opened to the public in April 2022, and OVG continues to receive significant revenues from the project to date.

OVG and Legends Hospitality have agreed to pay $15 million and $1.5 million in penalties, respectively, in connection with the conduct alleged in the indictment against Leiweke.

Leiweke is charged with a violation of Section 1 of the Sherman Act. The maximum penalty for individuals is 10 years in prison and a $1 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The U.S. Department of Labor, Office of Inspector General and the Federal Bureau of Investigation’s New York Field Office are investigating the case.

The Antitrust Division’s New York Office is prosecuting the case, with the assistance of the U.S. Attorney’s Office for the Western District of Texas.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit www.justice.gov/atr/report-violations.

An indictment is merely an allegation and 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

Today, Attorney General Pamela Bondi and Secretary of Education Linda McMahon announced that the Justice Department’s Civil Rights Division today filed suit to enforce Title IX and protect California female student athletes from unfair competition and reckless endangerment by male participation on female high-school sports teams.

Related:

Press Release: Justice Department Sues California for Violating Title IX, Denying Girls Athletic Opportunities

Source: United States Department of Justice Criminal Division

The Department of Justice is pleased to announce the opening of the application period for federally recognized Tribes and intertribal consortia to participate in the Tribal Access Program (TAP) for National Crime Information. TAP improves public safety by providing federally recognized Tribes the ability to access and exchange data with national crime information databases for authorized criminal justice and non-criminal justice purposes, including the FBI’s National Crime Information Center (NCIC).

The program provides software, hardware, and training, as well as a web-based application and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI Criminal Justice Information Services (CJIS) systems.  The Department will accept TAP applications from July 9 to August 29. Tribes selected to participate will be notified in September. There are currently 149 federally recognized Tribes participating in TAP.

Using TAP, Tribes have shared information about missing persons; entered domestic violence orders of protection for nationwide enforcement; registered convicted sex offenders; run criminal histories; located fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.

“As a TAP Pilot Tribe, the Cherokee Nation has been participating in TAP for many years,” said Suzanne Drywater, Senior Director of Justice Services for the Cherokee Nation.  “From sex offender registrations, law enforcement, foster home certification, human resources, and child support, our tribe has been able to exercise our sovereignty, and TAP has proven to be an invaluable resource that we use daily in a multitude of ways.”            

For Tribes that are considering applying, TAP staff will be conducting informational webinars describing the program and its capabilities. Webinars will be offered throughout July and August. For more information about TAP, including webinar dates, times and access information, visit www.justice.gov/tribal/tribal-access-program-tap.

To qualify for funding, federally recognized Tribes must have – and agree to use TAP for – at least one of the following:

• A Tribal sex offender registry authorized by the Adam Walsh Child Protection and Safety Act,
• A Tribal law enforcement agency that has arrest powers,
• A Tribal court that issues orders of protection, or
• A Tribal government agency that screens individuals for foster care placement or that investigates allegations of child abuse/neglect.

TAP is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; the Office of Community Oriented Policing Services; the Office for Victims of Crime; and the Office on Violence Against Women. TAP is co-managed by the department’s Office of the Chief Information Officer and Office of Tribal Justice. 

Source: United States Department of Justice Criminal Division

On May 23, 2025, President Trump issued a new Executive Order No. 14303, “Restoring Gold Standard Science.”  This Executive Order is “committed to restoring a gold standard for science to ensure that federally funded research is transparent, rigorous, and impactful, and that Federal decisions are informed by the most credible, reliable, and impartial scientific evidence available.”[1]  The Executive Order includes a provision that requires agencies to proactively make publicly available certain scientific information.  Specifically, Section 4 states that “agency heads and employees shall adhere to the following rules governing the use, interpretation, and communication of scientific data, unless otherwise provided by law:

(b)  Except as prohibited by law, and consistent with relevant policies that protect national security or sensitive personal or confidential business information, agency heads shall in a timely manner and, to the extent practicable and within the agency’s authority:

(i)  subject to paragraph (ii), make publicly available the following information within the agency’s possession:

(A)  the data, analyses, and conclusions associated with scientific and technological information produced or used by the agency that the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions (influential scientific information), including data cited in peer-reviewed literature; and

(B)  the models and analyses (including, as applicable, the source code for such models) the agency used to generate such influential scientific information.  Employees may not invoke exemption 5 to the Freedom of Information Act [FOIA] (5 U.S.C. 552(b)(5)) to prevent disclosure of such models unless authorized in writing to do so by the agency head following prior notice to the OSTP Director.

(ii)  risk models used to guide agency enforcement actions or select enforcement targets are not information that must be disclosed under this subsection.”[2]

Additionally, the Executive Order defines “scientific information” in the following manner:

• “Scientific information” means factual inputs, data, models, analyses, technical information, or scientific assessments related to such disciplines as the behavioral and social sciences, public health and medical sciences, life and earth sciences, engineering, physical sciences, or probability and statistics.  This includes any communication or representation of knowledge such as facts or data, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms.[3]

The Section 4 disclosure requirement includes several disclosure limitations.  Section 4 does not require the disclosure of information that the FOIA or another law requires to be withheld.  Certain FOIA exemptions are non-discretionary and would therefore satisfy the “[e]xcept as prohibited by law” limitation of Section 4.  Specifically, FOIA Exemption 1, which protects classified information,[4] and FOIA Exemption 3, which exempts information protected by a statute other than the FOIA,[5] must still be applied to information subject to the Executive Order.  Additionally, the “sensitive personal or confidential business information” provision of the Executive Order would continue to protect information covered by FOIA Exemptions 4, 6, and 7(C).  These exemptions protect, respectively, confidential commercial information obtained by outside parties, and information for which the disclosure constitutes an unwarranted invasion of personal privacy.[6]  Furthermore, the disclosure requirement is limited to “influential scientific information” that “the agency reasonably assesses will have a clear and substantial effect on important public policies or important private sector decisions.”[7]  Finally, agencies are not required to publish risk models for agency enforcement actions.[8]

In short, these are the Executive Order’s disclosure-related takeaways:

• The Executive Order requires proactive public disclosure of “influential scientific information” as well as models and analyses used to generate that information.
• Such information cannot be withheld from disclosure pursuant to FOIA Exemption 5 absent notice to OSTP and approval from the agency head.
• However, non-discretionary FOIA exemptions including Exemptions 1, 3, 4, 6, and 7(C) should still be applied to such information where appropriate.
• Risk models for agency enforcement actions are not subject to the disclosure requirements of the Executive Order.

The Executive Order further required that the Office of Science and Technology Policy (OSTP) issue guidance on implementing the Order.[9]  On June 23, 2025, OSTP issued that guidance entitled, “Agency Guidance for Implementing Gold Standard Science in the Conduct & Management of Scientific Activities.”  This memorandum requires each agency to report their intended actions to implement the Executive Order and OSTP guidance by August 22, 2025.[10] Section 3 provides additional details on what information to include in the agency report.

FOIA personnel should be made aware of the new public disclosure requirements in the Executive Order and should consult with their General Counsel’s Office for any questions regarding implementation of these requirements. Questions regarding the applicability of the FOIA to information subject to the Executive Order may also be directed to OIP.

Source: United States Department of Justice Criminal Division

The Justice Department’s Civil Rights Division today filed suit to enforce Title IX and protect California female student athletes from unfair competition and reckless endangerment by male participation on female high-school sports teams.

According to the complaint, the California Department of Education (CDE) and the California Interscholastic Federation (CIF) have engaged in illegal sex discrimination against female student athletes by allowing males to compete against them, depriving these girls of the equal education and athletic opportunities afforded to them by federal civil rights law. Thus, the suit seeks declaratory, injunctive, and damages relief for violations of Title IX, which prohibits sex-based discrimination in any education program or activity that receives federal funding.

As alleged in the complaint, the U.S. Department of Education’s “current allocation of funds to CDE for fiscal year 2025 totals approximately $44.3 billion, of which approximately $3.8 billion remains available for drawdown by CDE, including both discretionary grants and formula grants.”

“The Governor of California has previously admitted that it is ‘deeply unfair’ to force women and girls to compete with men and boys in competitive sports,” said Attorney General Pamela Bondi.  “But not only is it ‘deeply unfair,’ it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.”

“Title IX was enacted over half a century ago to protect women and girls from discrimination. The Justice Department will not stand for policies that deprive girls of their hard-earned athletic trophies and ignore their safety on the field and in private spaces,” said Assistant Attorney General Harmeet K. Dhillon. “Young women should not have to sacrifice their rights to compete for scholarships, opportunities, and awards on the altar of woke gender ideology.”

“California is on the wrong side of the law and the wrong side of history,” said United States Attorney Bill Essayli of the Central District of California. “Women deserve dignity, respect, and an equal opportunity to compete on their own sports teams. The time for talk is over. California must comply with Title IX and end its civil rights violations against women. No person, no state, is above the law.”

CDE has authority over CIF and local school districts’ interscholastic athletic policies, and CIF oversees 1.8 million students and over 750,000 student-athletes in grades 9 through 12. The complaint is available here.