On May 15, 2009, the Fifth Circuit, in Klamath Strategic Investment Fund v. United States (No. 07-40861), affirmed the district court’s decision denying over $50 million in claimed tax losses arising from the taxpayers’ investment in a “Son of Boss (BLIPS)” tax shelter.

The Department has entered into a consent decree with Wagner Industrial Electric Inc. that, if approved by the court, will resolve the Department’s complaint the company failed to properly reemploy Indiana Army National Guard Reservist Kevin Stenger in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Georgia-Pacific, a manufacturing company headquartered in Atlanta, has agreed to perform remedial work at an estimated cost of nearly $13 million to contain two former disposal areas within the Kalamazoo River Superfund site in Allegan and Kalamazoo Counties, Mich.

The Department has filed suit against the town of Garner, N.C., and the town’s board of adjustment alleging that they violated the Fair Housing Act when they refused to allow up to eight men recovering from drug and alcohol addictions to live together as a reasonable accommodation for their disabilities.

A federal grand jury returned a superseding indictment today charging Robert Young, 56, a former captain in the U.S. Army, and Robert Jeffery, 55, a former master chief petty officer in the U.S. Navy, with conspiracy and theft of government property in connection with a scheme to steal large quantities of fuel from the U.S. Army in Iraq.

A federal jury that convicted Steven D. Green, a former Ft. Campbell, Ky., soldier of charges arising out of the rape of a 14-year-old Iraqi girl and the murder of the girl and her family today said it was unable to reach a unanimous verdict on whether the defendant should be sentenced to death. Because the jury did not unanimously reach a decision on the death penalty, U.S. District Judge Thomas B. Russell will sentence Green to life without parole.

The Justice Department today filed a lawsuit in U.S. District Court in Norfolk, Va., on behalf of U.S. Coast Guard Reserve member Paul Sutton against the city of Chesapeake alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

In a lawsuit filed today on behalf of U.S. Navy Reservist Porotesano Faapouli the Justice Department contends that Fresno County, Calif., violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to promptly and properly reemploy Faapouli when he returned from active military duty with a service-related injury.

A former Velda City, Mo., auxiliary reserve police officer was sentenced today to 19 years and seven months in prison, three years of supervised release and a special assessment for violating the federal civil rights of a woman he sexually assaulted during a traffic stop and for concealing evidence of his crime from federal investigators.

The Justice Department today filed a lawsuit in U.S. District Court in Newark, N.J., on behalf of U.S. Naval Reserve member George Lawton against the Newark Public Schools (NPS) alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Special Litigation Counsel Kristy Parker, a senior attorney in the Civil Rights Division’s Criminal Section, has been selected to receive the 2009 Top Prosecutor Award from the Women in Federal Law Enforcement (WIFLE).

The Department has filed suit against convicted tax fraud promoter Daniel Andersen to enjoin him from promoting fraudulent tax schemes. The government’s complaint alleges that Andersen directed the activities of both the Institute for Global Prosperity (between 1996 and 2002) and the Stratia Corporation (between 2002 and 2004). The lawsuit states that Andersen used these organizations to promote the fraudulent tax schemes sold by others in a series of audio recordings and at offshore conferences.

"The Department of Justice and this Administration are fully committed to supporting state, local and tribal law enforcement and criminal justice agencies. The Recovery Act is not a one-time investment. Only by sustained investment in our communities can we make them safer and make them fit for long-term economic development."

Keith A. Collins, a commercial fisherman licensed in Maryland, was sentenced today in U.S. District Court in Greenbelt, Md., to 13 months in prison for illegally overfishing striped bass also known as rockfish. He was also fined $4,500 and ordered to pay restitution in the amount of $70,569 to the National Fish and Wildlife Foundation to the benefit of the Chesapeake Bay Striped Bass Restoration Account.

A Massachusetts man has been charged in U.S. District Court in Boston with crimes related to the illegal importation and illegal trafficking of sperm whale teeth. On May 13, 2009, a federal grand jury sitting in Boston, returned an indictment that was unsealed today against David L. Place of Nantucket, Mass.

Giancarlo Pertile was sentenced to prison for tax evasion yesterday afternoon. U.S. District Judge A. Howard Matz sentenced Pertile, the former owner of Art Marble Design Inc., in Moorpark, Calif., to 60 months in federal prison and ordered Pertile to pay a fine of $75,000. In January 2009, Pertile was convicted by a Los Angeles federal jury of five counts of tax evasion for the years 1998 through 2002.

Winfield Thomas, a resident of Carey, Ohio, and Jeanne Herrington, a resident of Parma, Mich., were sentenced today to prison for conspiracy and other tax charges.

Kevin Howard, former chief financial officer and vice president of finance for Enron Broadband Services (EBS), Enron’s failed telecommunications business, pleaded guilty today to falsifying books and records.

Melissa Thomas, 34, pleaded guilty today to one count of forgery in connection with a scheme to embezzle more than $17,000 from a political action committee (PAC), which was a client of her employer.

A Grand Rapids, Mich., grand jury returned a two-count indictment charging a former school superintendent with engaging in a conspiracy to accept a bribe from a vendor and to deprive his former employer and the citizens of Michigan of his honest services in connection with the Federal Communications Commission’s (FCC) E-Rate Program.

The U.S. Court of Appeals for the Federal Circuit has affirmed a judgment upholding the Navy’s termination for default of a contract with McDonnell Douglas and General Dynamics for the A-12 stealth attack aircraft.

The owner of a Costa Rica-based telemarketing call center and two employees of another Costa Rica call center were sentenced for their roles in schemes that targeted and defrauded thousands of American victims of more than $10 million.

The Department of Justice today asked the U.S. Court of Appeals for the Ninth Circuit to remand the cases of former Alaska State Representatives Victor Kohring and Peter Kott, who were convicted on corruption charges in 2007, to the District Court.

A former State Department official and his wife have been arrested on charges of serving as illegal agents of the Cuban government for nearly 30 years and conspiring to provide classified U.S. information to the Cuban government.

U. S. District Court Judge Richard Lazzara (Middle District of Florida) today sentenced the Korean corporation STX Pan Ocean Co. Ltd., which operates the commercial cargo ship M/V Ocean Jade, to pay $2.2 million in penalties and serve four years of probation for conspiring to falsify and falsifying environmental compliance records.

The U.S. Court of Appeals for the Fifth Circuit today rejected a challenge to the conviction of James Ford Seale, a former member of the White Knights of the Ku Klux Klan of Mississippi. Seale was convicted by a federal jury in Mississippi in 2007 and sentenced to three life terms in prison.

A former employee at the U.S. Embassy in Haiti was sentenced today to 18 months in prison for stealing more than $800,000 from the U.S. Department of State.

Willie Borden, a former Washington, D.C., Metropolitan Police Department officer, pleaded guilty today to a criminal tax charge before U.S. District Court Judge James Robertson.

Jefferson Calimlim Sr. and his wife, Elnora Calimlim, both medical doctors in Milwaukee, Wis., were each sentenced today to 72 months in prison for forcing a woman to work as their domestic servant and illegally harboring her for 19 years in their Brookfield, Wis., residence.

The Department filed suit against California mortgage lender Capmark Finance Inc., charging that Capmark violated the False Claims Act by making false statements on applications for federal mortgage insurance covering residential nursing homes.

Rodolfo Rodriguez Cabrera, 43, a Cuban national, and Henry Mantilla, 35, of Cape Coral, Fla., have been charged in a scheme to produce and sell counterfeit International Game Technology (IGT)-brand video gaming machines, commonly known as slot machines, and counterfeit IGT computer programs.

The Department today announced that one national of Iraq and one national of Chad have been transferred from the detention facility at Guantanamo Bay to their home countries.

William Cozzi, a Chicago police officer, was sentenced today to 40 months in federal prison for violating the federal civil rights of a man whom the officer struck repeatedly with a dangerous weapon while the man was handcuffed and shackled in a wheelchair.

Following a four-day trial and less than an hour of deliberations, a federal jury today convicted tax return preparer, Marcel J. Toto-Ngosso, of Silver Spring, Md., of 17 counts of preparing false tax returns in connection with a scheme to generate fraudulent tax refunds for client-taxpayers.

Tyson Foods Inc. was sentenced today in U.S. District Court in Arkansas to pay the maximum fine for willfully violating worker safety regulations that led to a worker’s death in its River Valley Animal Foods (RVAF) plant in Texarkana, Ark. The court ordered Tyson Food to pay the $500,000, the maximum criminal fine as well as serve one year probation.

The Department today filed a lawsuit against the state of Nevada and its Office of the State Controller alleging it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by refusing to promptly reemploy Arthur Ingram when he returned from active military duty and then by firing him after he filed a USERRA complaint.

Gary Moss, 37, was sentenced to serve 41 months in federal prison for conspiring to deprive individuals of their civil rights, and co-conspirator Devan Klausegger, 30, was sentenced to serve 51 months for the same charge.

Two Baltimore businessmen were indicted today for conspiring to rig bids at tax lien auctions in Maryland for more than five years. The one-count felony indictment filed today in the U.S. District Court in Baltimore alleges that Harvey M. Nusbaum and his business partner, Jack W. Stollof, participated in a conspiracy to rig bids in tax lien auctions conducted by the city of Baltimore and various counties in the state of Maryland beginning in or around the Spring of 2002 and continuing until at least Aug. 9, 2007.

"Giving ICE agents the authority to investigate drug trafficking cases, enhancing information sharing capabilities between ICE and the DEA, and ensuring full participation in intelligence centers will strengthen our efforts to combat international narcotics smuggling, streamline operations and bring better intelligence to our front line personnel."

Raschad L. "Sean" Lewis, a former fuel section employee of Kellogg Brown and Root Inc. (KBR), assigned to Bagram Airfield in Afghanistan, was found guilty yesterday by a federal jury of conspiracy, false writing, bribery of a public official, and false claims stemming from a bribery and a fuel diversion scheme.

A federal grand jury in the Western District of New York, has returned an indictment charging Keith Gordon-Smith, owner of an asbestos removal company, with numerous violations of the Clean Air Act, submitting false statements and obstruction of justice. The charges stem from allegations that Gordon-Smith directed and caused illegal asbestos removal at several sites in the Rochester, N.Y., area, and hid the illegal asbestos removal from federal agencies.

Media executive John C. Malone will pay a $1.4 million civil penalty to settle charges that he violated premerger reporting and waiting requirements when he acquired Discovery Holding Co. voting securities. The Department’s Antitrust Division, at the request of the Federal Trade Commission, filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., against Malone for violating the notification requirements of the Hart-Scott-Rodino (HSR) Act of 1976. At the same time, the Department filed a proposed settlement that, if approved by the court, will settle the charges.

“As demonstrated by today’s charges and arrests, we will strike back against those whose fraudulent schemes not only undermine a program upon which 45 million aged and disabled Americans depend, but which also contribute directly to rising health care costs that all Americans must bear,” said Attorney General Holder.

There is no tension between a sentencing scheme that is effective and fair and one that is tough and equitable. We must work toward these twin goals and we must do so now.

Carlton Moore, formerly an officer with the Memphis Police Department, pleaded guilty on Thursday in federal court in Memphis, Tenn., to three counts of violating civil rights for stealing money from motorists while acting under color of law. Moore faces up to three years in prison.

Tijani Ahmed Saani, a former civilian employee of the U.S. Department of Defense, pleaded guilty today to filing false tax returns for tax years 2003 through 2007. Saani, 53, a former resident of Kuwait City, Kuwait, worked as a contracting officer in Kuwait from 1994 until his arrest in May 2008. According to the indictment to which Saani pleaded guilty, he worked on detail from 2002 to 2007 at Camp Arifjan, Kuwait.

The Department announced a simultaneous lawsuit and settlement with the state of Texas concerning the care given to residents of the state’s 13 facilities for persons with developmental disabilities. Along with the settlement agreement, the Department will file a complaint initiating a lawsuit against the state in federal court. An independent monitor will be appointed to oversee the state’s compliance with the settlement agreement and the court will retain ultimate jurisdiction.

A former executive of Philadelphia-based Nexus Technologies Inc. pleaded guilty today in connection with his participation in a conspiracy to bribe Vietnamese government officials in exchange for lucrative contracts to supply equipment and technology to Vietnamese government agencies, in violation of the Foreign Corrupt Practices Act (FCPA).

Miami physician Roberto Rodriguez, 54, was sentenced today to 97 months in prison for his role in a Medicare fraud scheme involving HIV infusion services.

The Department today filed a lawsuit in U.S. District Court in Las Vegas against Stonescape Pavers LLC alleging that the company willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by firing Matthew T. Denning without cause when he returned from active duty.