Justice Department and OSHA Issue Statement on Non-Disclosure Agreements That Deter Reporting of Antitrust Crimes

Source: United States Attorneys General

Today, the Justice Department’s Antitrust Division and Department of Labor, Occupational Safety and Health Administration (OSHA), jointly affirmed that corporate non-disclosure agreements (NDAs) that deter individuals from reporting antitrust crimes undermine the goals of whistleblower protection laws, including the Criminal Antitrust Anti-Retaliation Act of 2019 (CAARA). CAARA prohibits employers from discharging or otherwise retaliating against a worker for (1) reporting potential criminal antitrust violations and related crimes to their employer or the federal government or (2) assisting a federal government investigation or proceeding.

NDAs that undermine CAARA or otherwise interfere with employees’ freedom to report potential crime will cost the employer when the Antitrust Division makes its charging decisions and sentencing recommendations. Companies should also be aware that using NDAs to obstruct or impede an investigation may also constitute separate federal criminal violations. Any company that so interferes with its employees’ cooperation would jeopardize its ability to satisfy its obligations under the Antitrust Division’s leniency policy, which requires an applicant to “use its best efforts to secure the timely, truthful, continuing, and complete cooperation of all current and former employees.” And the Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidelines consider a company’s policies around NDA and anti-retaliation training in assessing the effectiveness of the company’s compliance program.

“Members of the public are often best positioned to detect and blow the whistle on antitrust crimes,” said Acting Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division. “The Antitrust Division values this information and works to ensure that individuals are free to report misconduct without fear of retaliation or retribution.”

“By working jointly with partner agencies to break down barriers to employee reporting, OSHA is committed to strengthening our enforcement of whistleblower laws and protecting workers’ voices,” said Deputy Assistant Secretary for Occupational Safety and Health Jim Frederick. “This collaboration fosters a culture of accountability and upholds the integrity of worker rights.”

What Companies Should Know

Whistleblower Protections for Reporting Antitrust Crimes

Antitrust crimes hurt consumers, workers, and taxpayers — and threaten our free-market economy and democratic institutions. For over 130 years, criminal prosecutors have used antitrust laws as a charter of economic freedom to protect and promote competition.

Members of the public are often best positioned to detect and blow the whistle on antitrust crimes. Leads from the public about potentially illegal conduct enable the Antitrust Division and its law enforcement partners to uncover antitrust cartels and monopolization schemes, prosecute those crimes and protect competition. The Antitrust Division values this information and works to ensure that members of the public are free to report misconduct without fear of retaliation or retribution. The Antitrust Division protects to the fullest extent of the law the identity of those who report antitrust violations.

CAARA protects company employees, contractors, subcontractors or agents who report certain criminal antitrust violations. CAARA prohibits employers from discharging or otherwise retaliating against a worker for (1) reporting potential criminal antitrust violations and related crimes to their employer or the federal government or (2) assisting a federal government investigation or proceeding. Therefore, CAARA helps to incentivize the reporting of antitrust crimes and supports the Antitrust Division’s criminal enforcement program.

NDAs and Contractual Restrictions on Reporting May Conflict with Antitrust Enforcement and CAARA

Individuals who seek to report antitrust violations must not be deterred or prevented from coming forward for fear of adverse employment consequences.

The Antitrust Division’s work prosecuting antitrust crimes is compromised when NDAs deter individuals from providing law enforcers with relevant information on wrongdoing. When individuals believe that a corporate NDA may prevent them from reporting illegal conduct to enforcers, crimes go undetected and competition suffers. For example, some NDAs are worded so broadly as to suggest that people who report potential crimes or cooperate with law enforcement could face lawsuits and adverse employment consequences as severe as termination.  This fear of retribution leads to less reporting of illegal activity and less vigorous antitrust enforcement.

NDAs that discourage individuals from reporting wrongdoing or cooperating with an antitrust investigation also undermine CAARA’s goal of protecting whistleblowers. Even the mere implication that an NDA would bar employees from reporting illegal conduct or assisting an investigation or proceeding clashes with the basic principles behind CAARA that encourage self-reporting and disclosure of wrongdoing to the government.

NDAs that Deter Reporting Will Cost Companies at Charging and Sentencing

CAARA encourages individuals to provide tips to law enforcement and cooperate in antitrust investigations, incentivizes companies to promote compliance and complements leniency and cooperation credit policies. For these reasons, NDAs that undermine CAARA or otherwise interfere with employees’ freedom to report potential crime will cost the employer when the Antitrust Division makes its charging decisions and its sentencing recommendations. Companies should also be aware that using NDAs in efforts to obstruct or impede an investigation may also constitute separate federal criminal violations. And of course, a company that interferes with its employees’ cooperation would jeopardize its ability to fulfill its obligations under the Antitrust Division’s leniency policy, which requires an applicant to “use its best efforts to secure the timely, truthful, continuing, and complete cooperation of all current and former employees.”

The Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidelines, which prosecutors use to assess the effectiveness of compliance programs when making charging decisions and sentencing recommendations, make clear that the sufficiency and efficacy of a compliance program depends on the existence of “reporting mechanisms that employees can use to report potential antitrust violations anonymously or confidentially and without fear of retaliation.” The questions prosecutors ask in evaluating a compliance program include:

  • Whether a company has an anti-retaliation policy;
  • Whether it trains employees, managers and supervisors on the provisions of CAARA;
  • Whether the company’s use of NDAs is consistent with ensuring that employees can report antitrust violations without fear of retaliation;
  • Whether NDAs are used in a way that deters whistleblowers or violates CAARA; and
  • Whether NDAs and other employee policies make clear that employees can report antitrust violations, including to government authorities.

Companies that fail to address retaliation, CAARA and NDAs in their policies and compliance structure risk losing out on the benefits associated with maintaining an effective compliance program when the Antitrust Division is making charging decisions and sentencing recommendations.

To report potential antitrust crimes to the Antitrust Division, contact the Complaint Center. If your complaint relates to potential antitrust crimes affecting government procurement, grant or program funding, contact the Procurement Collusion Strike Force Tip Center.

If you feel that you have been a victim of retaliation or would like to learn more about protections for whistleblowers, please see OSHA Fact Sheet

Minnesota Man Charged with Federal Hate Crimes for Assault Against Black Man

Source: United States Attorneys General

A Minnesota man was arrested last week and charged with federal hate crime offenses for assaulting a Black man outside of a bar.

According to the indictment that was unsealed yesterday, on or about Feb. 3, 2024, Justin Anthony Kudla used force or the threat of force to injure, intimidate and interfere with the victim — a Black man identified in the indictment as Victim 1 — because of Victim 1’s race, color, religion and/or national origin, and because Victim 1 was enjoying the goods, services, facilities, privileges, advantages and accommodations of a local bar. The indictment also charges Kudla with willfully causing bodily injury to Victim 1 because of Victim 1’s actual and perceived race.  

If convicted, Kudla faces a maximum penalty of 10 years in prison for each offense and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Andrew M. Luger for the District of Minnesota and Special Agent in Charge Alvin M. Winston Sr. of the FBI Minneapolis Field Office made the announcement.

The FBI Minneapolis Field Office is investigating the case, with assistance from the Belle Plaine Police Department.

Assistant U.S. Attorney Evan Gilead for the District of Minnesota and Trial Attorneys Katherine G. DeVar and Briana M. Clark of the Justice Department’s Civil Rights Division are prosecuting the case.

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

New Jersey Pharmacy Agrees to Resolve False Claims Act Allegations for Billing for Drugs Not Dispensed

Source: United States Attorneys General

Medsinbox Pharmacy LTC LLC, doing business as Farmacia San Antonio (Medsinbox), a pharmacy located in Camden, New Jersey, has agreed to pay $625,000.00 to resolve allegations that it violated the False Claims Act by knowingly billing federal health care programs for medications that it never dispensed.

The United States alleged that, from Jan. 1, 2019, through Jan. 24, 2022, Medsinbox caused the submission of claims for reimbursement to the Medicare Part D Program and the New Jersey Medicaid Program for drugs that were never dispensed to beneficiaries. The government contends that inventory records showed that Medsinbox did not purchase enough of these medications from wholesalers to fill all of the prescriptions billed to these federal health care programs.

“Health care providers defraud federal health care programs when they bill for goods or services that they did not provide,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who improperly seek to profit from taxpayer funded programs.”

“Pharmacies play an important role in maintaining the safety and accuracy of prescribed medications, and allegedly billing for medications not actually dispensed undermines that role and defrauds our healthcare programs,” said Acting U.S. Attorney Vikas Khanna for the District of New Jersey. “The government will continue to pursue entities that engage in fraud and abuse at the taxpayers’ expense.”

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and U.S. Attorney’s Office for the District of New Jersey.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).  

Senior Trial Counsel Jennifer Cihon of the Justice Department’s Civil Division and Assistant U.S. Attorneys Kruti Dharia and Robert Toll for the District of New Jersey handled the matter.

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

Settlement

Justice Department Sues KKR for Serial Violations of Federal Premerger Review Law

Source: United States Attorneys General 1

KKR Violated Hart-Scott-Rodino Act at Least 16 Times by Withholding and Altering Documents and Failing to Make Required Filings

The Justice Department today filed a civil lawsuit against KKR & Co. Inc. and over a dozen of its investment advisors and funds (collectively, KKR) for repeatedly flouting the premerger antitrust review process. Filed in the U.S. District Court for the Southern District of New York, the complaint alleges that KKR senior executives, deal teams and investment funds evaded antitrust scrutiny for at least 16 separate transactions by failing to comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).

“KKR’s rinse-and-repeat failures to provide complete and accurate information about its mergers and acquisitions were systemic,” said Acting Assistant Attorney General doha Mekki of the Justice Department’s Antitrust Division. “Through document omissions, alterations, and failures to report deals, KKR threatened the integrity of the Division’s premerger reviews and, in some cases, obscured the market impact of its deals and serial acquisitions.”

The HSR Act requires parties to a merger, acquisition, or other transaction above a certain size to submit a premerger filing to the Justice Department’s Antitrust Division and the Federal Trade Commission to aid in the agencies’ enforcement of merger law. As a sophisticated private equity firm in the business of buying and selling companies, KKR is familiar with the HSR Act and its requirements. Since 2021, KKR was required to make more than 100 premerger filings under the HSR Act.

The department’s complaint alleges that over the course of two years — 2021 and 2022 — KKR failed to make complete and accurate premerger filings for at least 16 transactions. Specifically, KKR violated the HSR Act by:

  • Altering documents in HSR filings for at least eight transactions. For example, in April 2021, a KKR partner instructed a deal team member to edit a portion of an Investment Committee report in advance of the HSR review process by circling the “Competitive Behavior” section of a diligence chart and writing “[need to revise for HSR purposes]” in the document. The KKR deal team member did not merely revise the language but deleted it entirely before submitting the altered document to the Antitrust Division.
  • Failing to make any HSR filing for at least two transactions. KKR did not submit an HSR filing prior to consummating an acquisition valued at $6.9 billion. It also did not submit a filing prior to consummating an acquisition worth between $376 million and $919 million.
  • Systematically omitting required documents in HSR filings for at least 10 transactions. KKR repeatedly certified that it had complied with the HSR Act but did not include required documents in those filings. In many cases, KKR only identified such documents in response to an Antitrust Division investigation.

The complaint cites internal documents that reveal a pervasive culture of noncompliance with the HSR Act at KKR. One KKR employee who omitted and altered multiple documents from an HSR Act filing described KKR’s approach to its premerger filing obligations: “I’ve always been told less is more 😊.” In response, a more senior executive replied, “I believe in less is more too….”

As alleged in the complaint, KKR’s conduct allowed it to repeatedly evade legally mandated scrutiny of its investment business and reap millions of dollars in revenues from closing transactions without proper prior review by the federal antitrust agencies. In some cases, KKR’s misconduct obscured the threat its deals posed to competition, including serial acquisitions affecting important markets. By preventing the federal antitrust agencies from effectively investigating the potential anticompetitive effects of KKR’s transactions, KKR imperiled competition and potentially harmed consumers across the nation.

The HSR Act authorizes civil penalties for violations of the Act at more than $50,000 per day per violation. As a result, the maximum penalty for KKR’s alleged violations exceeds $650 million. The complaint also seeks structural relief as well as other equitable relief, including compliance measures.

KKR is a global investment firm headquartered in New York. It is one of the world’s largest investment firms with over $500 billion in total assets under management.

Justice Department and FBI Conduct International Operation to Delete Malware Used by China-Backed Hackers

Source: United States Attorneys General 11

Court-Authorized Operation Removes PlugX Malware from Over 4,200 Infected U.S. Computers

Note: Please view the affidavit here.

The Justice Department and FBI today announced a multi-month law enforcement operation that, alongside international partners, deleted “PlugX” malware from thousands of infected computers worldwide. As described in court documents unsealed in the Eastern District of Pennsylvania, a group of hackers sponsored by the People’s Republic of China (PRC), known to the private sector as “Mustang Panda” and “Twill Typhoon,” used a version of PlugX malware to infect, control, and steal information from victim computers.

According to court documents, the PRC government paid the Mustang Panda group to, among other computer intrusion services, develop this specific version of PlugX. Since at least 2014, Mustang Panda hackers then infiltrated thousands of computer systems in campaigns targeting U.S. victims, as well as European and Asian governments and businesses, and Chinese dissident groups. Despite previous cybersecurity reports, owners of computers still infected with PlugX are typically unaware of the infection. The court-authorized operation announced today remediated U.S.-based computers infected with Mustang Panda’s version of PlugX.    

“The Department of Justice prioritizes proactively disrupting cyber threats to protect U.S. victims from harm, even as we work to arrest and prosecute the perpetrators,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This operation, like other recent technical operations against Chinese and Russian hacking groups like Volt Typhoon, Flax Typhoon, and APT28, has depended on strong partnerships to successfully counter malicious cyber activity. I commend partners in the French government and private sector for spearheading this international operation to defend global cybersecurity.”

“Leveraging our partnership with French law enforcement, the FBI acted to protect U.S. computers from further compromise by PRC state-sponsored hackers,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “Today’s announcement reaffirms the FBI’s dedication to protecting the American people by using its full range of legal authorities and technical expertise to counter nation-state cyber threats.”

“This wide-ranging hack and long-term infection of thousands of Windows-based computers, including many home computers in the United States, demonstrates the recklessness and aggressiveness of PRC state-sponsored hackers,” said U.S. Attorney Jacqueline Romero for the Eastern District of Pennsylvania. “Working alongside both international and private sector partners, the Department of Justice’s court-authorized operation to delete PlugX malware proves its commitment to a ‘whole-of-society’ approach to protecting U.S. cybersecurity.”

“The FBI worked to identify thousands of infected U.S. computers and delete the PRC malware on them. The scope of this technical operation demonstrates the FBI’s resolve to pursue PRC adversaries no matter where they victimize Americans,” said Special Agent in Charge Wayne Jacobs of the FBI Philadelphia Field Office.

The international operation was led by French law enforcement and Sekoia.io, a France-based private cybersecurity company, which had identified and reported on the capability to send commands to delete the PlugX version from infected devices. Working with these partners, the FBI tested the commands, confirmed their effectiveness, and determined that they did not otherwise impact the legitimate functions of, or collect content information from, infected computers. In August 2024, the Justice Department and FBI obtained the first of nine warrants in the Eastern District of Pennsylvania authorizing the deletion of PlugX from U.S.-based computers. The last of these warrants expired on Jan. 3, 2025, thereby concluding the U.S. portions of the operation. In total, this court-authorized operation deleted PlugX malware from approximately 4,258 U.S.-based computers and networks.

The FBI, through the victims’ internet service providers, is providing notice to U.S. owners of Windows-based computers affected by this court-authorized operation.

The FBI’s Philadelphia Field Office and Cyber Division, the U.S. Attorney’s Office for the Eastern District of Pennsylvania, and the National Security Cyber Section of Justice Department’s National Security Division led the domestic disruption operation. This operation would not have been successful without the valuable collaboration of to the Cyber Division of the Paris Prosecution Office, French Gendarmerie Cyber Unit C3N, and Sekoia.io, a private French cybersecurity technology company.

The FBI continues to investigate Mustang Panda’s computer intrusion activity. If you believe you have a compromised computer or device, please visit the FBI’s Internet Crime Complaint Center (IC3). You may also contact your local FBI field office directly. The FBI strongly encourages the use of anti-virus software as well as the application of software security updates to help prevent reinfection.

Assistant Attorney General Kristen Clarke Delivers Remarks Honoring Martin Luther King Jr.’s Legacy and Farewell Remarks to the Justice Department

Source: United States Attorneys General

Remarks as Prepared for Delivery

Thank you for that kind introduction.

It is a profound honor to be with you today reflecting on the enduring legacy of Dr. Martin Luther King Jr., a great American whose vision, courage and commitment to justice transformed our nation’s moral and social fabric. As we close today’s tribute to his life and the monumental contributions he made, we also celebrate our own hard work to advance his dream — a dream of a nation where equality, justice and fairness are not just aspirational ideals but tangible realities for all.

The Legacy and Propelling Fore of Dr. Martin Luther King

Dr. King was a visionary. He believed deeply in the promise of America, even as he recognized the profound inequities and systemic racism that plagued our society. He fought tirelessly for civil rights, practiced nonviolent resistance and embraced the inherent dignity of every human being. His leadership during the Civil Rights Movement of the 1950s and 1960s ignited a fire that continues to burn in the hearts of those who seek justice and equality — in our hearts.

But as we have seen today, the work Dr. King began is far from done. When President Biden nominated me on the morning of Jan. 6, 2021, and the Senate confirmed me for this role on the first anniversary of George Floyd’s death, our country was in the throes of unrest, with echoes of the nation’s earlier civil rights movement sounding in the streets. Black people had been tragically killed. Ahmaud Arbery died for the apparent offense of jogging while Black. Breonna Taylor died on the floor of her apartment, because of an illegitimate search warrant. George Floyd died with a police officer kneeling on his neck. And not just Black people felt the brunt of violence and prejudice. The previous year, COVID had unleashed hate-fueled violence targeting Asian Americans. Antisemitic and Islamophobic violence were also skyrocketing. The targeting of LGBTQI+ people, especially children, was rampant.

But the proliferation of violence and hate sparked a counter-reaction. Protesters, of all stripes, mounted more than 10,000 demonstrations. Yellow paint on the streets reminded people that “Black Lives Matter.” Activists toppled Confederate statues. Mississippi removed the confederate symbol from its flag. Corporations, states and localities designated Juneteenth a holiday. Washington’s football team shed its racist name and logo. And in a seemingly small move that actually matters, publications began to capitalize “Black” when using it to describe people. This change acknowledged the shared history, identity and community among people who identify as Black. It seemed to suggest understanding by institutions that previously privileged an archaic style rule over a minor edit that cost nothing. It hinted at respect and a willingness to confront a collective history of racism and injustice.

All welcome, overdue and symbolic steps. But none of them enough to realize Dr. King’s dream.

I stepped into this role, with great pride to return to the place where I started my career as a baby lawyer in 2000, but also with a sense of the urgency of the moment.

At the Civil Rights Division, we have long enforced federal laws that protect people from discrimination based on race, national origin, sex, disability, religion and military status. For 67 years, our explicit mission has been to give force and meaning to federal civil rights laws, to elevate them beyond mere words on paper, to integrate them into the reality of everyday life for all Americans, regardless of their background, zip code, or circumstances. We have sought to redeem the promises of the Civil Rights Act of 1964, Voting Rights Act of 1965, Fair Housing Act of 1968 and other landmark legislation.

As we reflect on Dr. King’s legacy, I want to talk about how the Civil Rights Division has fulfilled this mission in the last four years. Under the leadership of President Joe Biden and Attorney General Merrick B. Garland, we have revitalized and empowered the division. We have expanded our scope of action to address both overt and covert barriers to civil rights. We have made progress that will be difficult to reverse and changes that are more than symbolic, more than mere gestures.

Promoting Constitutional Policing and Ensuring Accountability

George Floyd’s tragic killing ignited not just a wave of protest but a renewed national conversation about policing and the criminal justice system. Dr. King had earnestly hoped for such dialogue, but to see the persistence of police misconduct today would have made him heartsick. Dr. King peacefully submitted to arrest, a fact that critics of the Black Lives Matter Movement might have invoked as evidence that he was not critical of law enforcement. But King was critical. In his 1963 speech at the March on Washington for Jobs and Freedom, he said, “We can never be satisfied as long as [Black Americans are] the victim of the unspeakable horrors of police brutality.”

This is as true today as when he spoke those words, as true for white and brown victims as for Black ones, as true in the North as it is in the South.

In case after case, the Civil Rights Division has prosecuted police officers and officials in our jails and prisons who thought it was acceptable to brutalize people — disproportionately people of color — who didn’t show them the right level of respect, who did not comply with police orders quickly enough, or who ran away in fear. Through our prosecutions, we have shown that such impunity by law enforcement is not acceptable — that the job of police is to enforce the law and ensure public safety, not to adjudicate guilt and mete out punishment that could lead to loss of life.

We have also worked collaboratively with local law enforcement agencies to implement reforms. I have engaged with law enforcement groups across the country and participated in trainings. And we have also conducted pattern-or-practice investigations, yielding invaluable findings reports that lay bare for the public that police brutality persists. Decades after the sit-ins, the marches, and the letters from jail, we have uncovered and exposed systemic problems, and discriminatory policies and practices. Let me be clear — the vast majority of law enforcement officers work diligently to keep people safe, making personal sacrifices, putting their own lives on the line. But we also know that police officers need more resources, training and accountability to do their jobs properly.

Since 2021, we have negotiated and implemented consent decrees with cities such as Louisville and Minneapolis, where city leaders and the police departments all agree on, and stand with us in, the pursuit of reform. Our consent decrees address issues such as excessive use of force, biased policing and the failure to protect people’s civil rights. Our work has also yielded powerful success stories in places such as Seattle, Albuquerque, Newark and Baltimore, where we have worked hard to make real the goals of existing consent decrees — where policing has improved, violent crime has declined and constitutional policing policies are becoming rooted in the culture of the communities and their police departments. Our consent decrees require independent monitors and provide accountability both within police departments and with the community — creating long-lasting change that aligns with Dr. King’s vision of a just society. And we have been dynamic in our approach to this work, using tools such as the Americans with Disabilities Act, and Title VI and Title VII of the Civil Rights Act, to address other complex issues that arise in the policing context.

Ensuring All Americans Have Voice in Our Democracy

Dr. King regarded the right to vote as paramount. He understood that the ballot made public officials accountable, that it made them responsive, that it made them listen to the voices of marginalized communities. “So long as I do not firmly and irrevocably possess the right to vote, I do not possess myself….I cannot make up my mind — it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact — I can only submit to the edict of others.”

The Civil Rights Division has carried forward Dr. King’s vision for voting rights by vigorously defending the Voting Rights Act of 1965 and fighting against voter suppression across the country.

In recent years, states have introduced restrictive voting laws that make it harder for historically disenfranchised communities to access the ballot. The division has sued to enjoin unconstitutional voter ID laws, pushed back against racially gerrymandered redistricting maps, worked to ensure language access for minority voters, stood up for members of the military participating from overseas, advocated for voters with disabilities and worked to address other tactics that, in the words of one court of appeals, “target[ed] African-Americans with almost surgical precision.”

The division has continued to push for restoration of the full protections of the Voting Rights Act, to undo the Supreme Court’s 2013 decision in Shelby County, Alabama v. Holder that eviscerated key provisions of the law and opened the floodgates of voter suppression. We have worked to make it clear that the right to vote is not an indulgence or reward bestowed by the state.

As we prepare to mark the 70th anniversary of the Voting Rights Act, we must all continue push for something that should be beyond dispute — that we all deserve to have a voice in our democracy.

Pushing for Fair Housing and Economic Justice

Dr. King’s vision for justice also extended to economic equality, which included the right to fair housing. Discriminatory housing practices, redlining and segregation have historically kept people of color from achieving economic mobility and homeownership — the key to generational wealth in America. Dr. King’s work with the Poor People’s Campaign in the 1960s highlighted the intersections between race and economic injustice. Days following his assassination, Congress responded by adopting the Fair Housing Act of 1968.

We use this law and others, like the Equal Credit Opportunity Act, to ensure fair housing opportunity for all. As part of our Combating Redlining Initiative, we have worked to hold banks and financial institutions accountable for modern-day lending. We have secured over $152 million in relief for affected communities, a number that leverages more than $1 billion in investment. We have sent a clear message: that everyone deserves access to the American Dream in our country. And the work that defined the latter days of Dr. King’s advocacy right before his assassination was not in vain.

Combating Hate-Fueled Violence and Protecting Vulnerable Communities

Dr. King’s dream of a beloved community was one where people of all races, backgrounds and faiths could live together in peace and mutual respect. Sadly, hate crimes and discrimination continue to tear at the fabric of our society. Our work to combat hate crimes and protect vulnerable communities from violence and discrimination is some of the work that I am most proud of.

Since 2021, we charged more than 150 defendants in more than 135 cases, achieving more than 125 convictions in that time frame. While true justice can’t be achieved, in the face of an increasing spate of bias-driven mass shootings, we work to provide hope for impacted communities. This work has been fueled by one simple principle — no one in America should be targeted because of the color of their skin, how they worship, where they are from or who they love.

This commitment aligns with Dr. King’s belief in the importance of empathy, compassion and a common responsibility for one another’s well-being.

This is just a small segment of our work these last four years, but the division has issued a 4-year report today outlining many more accomplishments that I encourage you to read.

Centering Victims and Survivors

As with all of our work, I believe deeply in centering the lived experiences of victims of discrimination, and survivors of violence. We do our very best work when we are on the ground and in community, gaining a firsthand perspective on the crisis, tragedy or problems at hand. For the last four years, we have traveled all across the country hearing from, standing with and listening to communities. From the Latino community still grieving in El Paso, Texas, from a xenophobic-fueled mass shooting that resulted in the deaths of 23 Latinos, to Tallulah, Louisiana — one of the poorest regions of the country in the Black Belt — to Little Rock, Arkansas where residents violently resisted the mandate of Brown vs. Board of Education, we have traveled across this great nation to ensure that marginalized communities are seen and heard.

The tears of grieving mothers who have lost their sons to police violence, the scars borne by the survivors of the Tree of Life massacre in Pittsburgh, the Tops Supermarket shooting in Buffalo, and the Club Q shooting in Colorado Springs, have demanded that we do our very best work — to tirelessly fight for justice and to do so with empathy and understanding. The angst of communities where justice has been denied for far too long has moved us to be bold and innovative in how we promote healing in communities like in Tulsa, where survivors and descendants are still reeling from the 1921 Race Massacre that killed hundreds of Black people and destroyed a thriving Black community. I held the hands of descendants of this tragedy this past Saturday. 103 years following this horrific chapter of American history, the community is still grieving and still healing. While no perpetrator is alive to be prosecuted today, we hope that the department’s report, the first time the federal government has provided a full account of this atrocity, will help with truth and reconciliation efforts, ensure that the nation never forgets this dark chapter of our history, and supports continued efforts to seek justice in the road ahead.

Meaningful Civil Rights Efforts Requires Partnership

We know that none of these accomplishments would be possible without the partnership of leaders and advocates like so many who have joined us today. I thank our speakers and my friends — President Marc Morial of the National Urban League, Attorney Ben Crump, Assistant Secretary Catherine Lhamon of the U.S. Department of Education, Director Rohit Chopra of the Consumer Financial Protection Bureau, President Derrick Johnson of the NAACP, Jill Jefferson of JULIAN, Executive Director Maya Berry of the Arab American Institute and President and CEO Maria Town of the American Association of People with Disabilities. Thanks to all of you for being such important partners and allies in work to make our nation more just and whole. I thank all of the U.S. Attorneys who have served with distinction under this administration, leaders across the Justice Department and our sister federal agencies for the work that we collectively do to carry forward Dr. King’s vision. I thank my kitchen table of tireless front office deputies and staff who burned midnight oil over these last few years, and whose good judgment and sound counsel ensured that we brought our A-game to all that we do. And a tremendous debt of gratitude to the career attorneys and professional staff of the Civil Rights Division of the U.S. Department of Justice, the true backbone of this storied institution. It has been an honor to lead this extraordinary team. I stand here in awe of your talent, integrity and commitment to ensuring the rule of law. I know that you will preserve and protect the accomplishments and advancements of the last four years, as well as those that came before. You will hold Dr. King’s true north star as your own, using it to guide you toward greater progress and toward true equality under the law.

While challenges may lie ahead, we end 2024 in a better place than we started in 2021. As King noted, “We must accept finite disappointment, but never lose infinite hope.” Let us today be hopeful, inspired, ready to continue the quest for justice in the road ahead.

Before I close, I want to say thank you — thank you to my family, my son Miles, my partner, my friends and loved ones who have traveled from far and near and all of you gathered here today. I am beyond grateful to each and every one of you. I thank you for your patience when I put this work ahead of you, and I thank you for being an endless fountain of inspiration and support.

You know — I stand here the proud daughter of Jamaican immigrants, reared in a public housing complex in Brooklyn, New York, motivated to do this work knowing what it’s like to experience poverty and racism and disadvantage; grateful for the rich opportunities that I was exposed to; and hell bent on using those opportunities to be of service to those in need and to recognize the basic humanity of every person in this country. How grateful I am to my family and all of you for making this opportunity possible.

Let’s leave here today with Dr. King’s message in our hearts. King reminds us that: “Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.” I consider myself blessed and fortunate to have worked with the dedicated individuals at the Justice Department and in the civil rights movement. I know that your tireless exertions and passionate concern will carry us forward.

Thank you for commemorating with us today.

Justice Department Secures Agreement with Minnesota Restaurant Group to Resolve Immigration-Related Discrimination Claims

Source: United States Attorneys General 10

The Justice Department announced today that it secured an agreement with a Minnesota-based restaurant group doing business as Brick & Bourbon. The agreement resolves the department’s determination that the restaurant group routinely discriminated against lawful permanent residents when verifying their permission to work in the United States by requiring them to provide more documents than necessary.

“It is unlawful for employers to impose additional or unnecessary requirements on employees because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Discriminatory treatment during any step of the employment process harms workers who are lawfully participating in our economy and can deprive employers of their talents.”

After conducting an investigation, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that Brick & Bourbon had a longstanding practice of requiring additional and unnecessary documentation from lawful permanent residents, even after they had presented sufficient proof of their permission to work, because of their citizenship status.

Lawful permanent residents are sometimes referred to as “green card holders,” but they can show their permission to work using different types of documentation. As explained in the department’s recently-released fact sheet for lawful permanent residents, the Immigration and Nationality Act (INA) protects lawful permanent residents from discrimination when an employer is verifying their permission to work. The INA prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.

Under the terms of the settlement, Brick & Bourbon will pay a $95,000 civil penalty to the United States, train its employees on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.

IER is responsible for enforcing the INA’s anti-discrimination provision. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a live webinar; watch an on-demand presentation; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

ICITAP Celebrates 39 Years of Supporting U.S. National Security in Building Partnerships Around the Globe

Source: United States Attorneys General 13

On January 6, ICITAP observed its 39-year anniversary. Since January 6, 1986, ICITAP has strengthened our national security by advancing U.S. law enforcement operations abroad through training, mentoring, and technical assistance in 117 countries worldwide (see ICITAP map for current presence).  As a result of the United States Congress passing legislation in 1985 to expand a waiver to Section 660 to include “programs to enhance investigative capabilities conducted under judicial or prosecutorial control,” Section 534(b)(3) of the Foreign Assistance Act specifically authorized the establishment of the International Criminal Investigative Training Assistance Program (ICITAP) to “provide training to foreign law enforcement entities.”  In 1986, ICITAP was funded at $1.52 million for its first year – and was located in the Office of the Deputy Attorney General – to help gain prosecution in key human rights cases in El Salvador and to bolster the criminal investigative capacity of Latin American security forces. Click here for ICITAP’s historical milestones since 1986.  Since 1993, ICITAP has been a member of the Criminal Division family and has expanded its areas of expertise to include: Academy and Instructor Development; Artificial Intelligence; Basic Police Services; Community Policing / Engagement; Corrections / Prison Management / Intel; Countering Violent Extremism; Counterterrorism; Counter-trafficking; Counter-transnational criminal organizations; Criminal Investigations; Criminal Justice Coordination; Cyber and Intellectual Property Crime; Digital Evidence; Emergency Communications; Forensics / Accreditation / Lab Management; Information Systems; Marine and Border Security; Organizational Development; Public Affairs / Strategic Communications; Public Integrity and Anticorruption; and Specialized and Tactical Skills; and Women in Policing. In FY24, in partnership with the U.S. Department of State, the U.S. Department of Defense, and the U.S. Agency for International Development, ICITAP delivered 871 distinct training events to 24,963 foreign participants and carried out 278 USG partnership activities with 40 USG partners. See FY24 At a Glance Fact Sheet. ICITAP The U.S. Department of Justice is extremely grateful to the more than 425 women and men, who serve to help protect the U.S. national security through ICITAP law enforcement capacity-building missions across the world. 

Florida Client of Tax Refund Scheme Sentenced to Prison for Obstructing the IRS

Source: United States Attorneys General

A Florida man was sentenced today to 21 months in prison for obstructing the IRS in connection with his use of the “Note Program,” a tax fraud scheme.

According to court documents and statements made in court, from 2015 to 2018, Arthur Grimes, of Ocoee and Orlando, was a client of a tax fraud scheme promoted by Jasen Harvey and Christopher Johnson. The scheme involved Harvey and Johnson filing false tax returns for clients that claimed that large nonexistent income tax withholdings had been paid to the IRS and sought substantial refunds based on those purported withholdings. 

Grimes participated in the scheme by causing four false income tax returns prepared by Harvey to be filed that sought refunds totaling $627,587 of which the IRS paid approximately $270,000. When the IRS attempted to recover a refund issued to Grimes based on one of those returns, Grimes made false statements and submitted false documents to an IRS revenue officer and transferred funds to a nominee bank account.

Harvey and Johnson previously pleaded guilty to conspiring to defraud the IRS and were respectively sentenced to 48 months in prison and 37 months in prison.

In addition to his prison sentence, U.S. District Judge Roy B. Dalton Jr. for the Middle District of Florida ordered Grimes to serve one year of supervised release and to pay approximately $238,973 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Melissa Siskind, Jeffrey McLellan and Caroline Pearson of the Tax Division and Assistant U.S. Attorney Diane Hu for the Middle District of Florida prosecuted the case.

Virginia Construction Company Owner Pleads Guilty to Filing False Tax Returns

Source: United States Attorneys General

A Virginia man pleaded guilty today to filing false tax returns underreporting the income he received through his construction company.

According to court documents and statements made in court, Timothy Agnew owned and operated Red Hill Construction (RHC), which was located in Hillsville, Virginia. RHC repaired and installed roofs, remodeled homes and built home additions. Between 2017 and 2021, Agnew filed false personal tax returns that substantially underreported his gross receipts, and thus his income, from RHC. Specifically, Agnew omitted over $2,000,000 in gross receipts earned from construction projects for which the customers did not directly report those payments to the IRS, through IRS Form 1099. In all, Agnew caused a tax loss to the IRS of over $375,000.

Agnew is scheduled to be sentenced on April 3. He faces a maximum penalty of three years in prison as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Zachary T. Lee for the Western District of Virginia made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorney Brian Flanagan of the Tax Division and Assistant U.S. Attorney Lee Brett for the District of Western District of Virginia are prosecuting the case.