The Department today filed a lawsuit on behalf of David D. Sweatt, a Michigan Army National Guard member currently serving in Iraq, against Americraft Carton Inc. (Americraft), alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The Department today filed a lawsuit in U.S. District Court in Indianapolis on behalf of Mathew B. Jeffries, an Indiana National Guard member, against the Indianapolis law firm of Mike Norris & Associates, alleging that the law firm refused to promptly reemploy Jeffries in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

A federal judge in Corpus Christi, Texas, has sentenced General Maritime Management (Portugal), the operator of a fleet of tanker vessels, and two crewmembers of the motor tanker Genmar Defiance for making false statements to the U.S. Coast Guard and failing to maintain an accurate Oil Record Book designed to prevent pollution of the world’s oceans as required by United States and international law.

The Department today announced a settlement resolving allegations that the town of St. John, Ind., violated the Fair Housing Act when it denied a petition for a zoning variance based on the disability of a prospective resident.

The Department has entered into a consent decree today with Muskegon County, Mich., that, if approved by the court, will resolve the Department’s lawsuit against the county alleging that a former employee was subjected to sexual harassment that caused a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964.

The Department today filed a lawsuit in U.S. District Court in Philadelphia on behalf of Frantz Julien, a New York Army National Guard member, against the Symphony Diagnostic Services Inc., doing business as MobilexUSA (Mobilex), alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

A former State Department employee was sentenced today to 12 months of probation and ordered to perform 100 hours of community service for illegally accessing more than 150 confidential passport application files. Dwayne F. Cross, 41, of Upper Marlboro, Md., was sentenced by U.S. Magistrate Judge John M. Facciola in Washington, D.C.

The Department has entered into a consent decree with the City of Portsmouth, Va., that, if approved by the court, will resolve the Department’s complaint that the City of Portsmouth engaged in a pattern or practice of employment discrimination against African Americans in its hiring of entry-level firefighters, in violation of Title VII of the Civil Rights Act of 1964 (Title VII).

Sikorsky Aircraft Company, a division of United Technologies Corporation, has agreed to pay the United States $2,941,000 to resolve fraud allegations in connection with its contract for the manufacture of Black Hawk helicopters for the Army. Sikorsky, located in Stratford, Conn., manufactures the Black Hawk or variations of the Black Hawk for the Army, Navy, Air Force, and Marines, as well as for other nations.

Methodist Hospital in Houston has agreed to pay the United States $9.99 million to settle allegations that it defrauded the federal Medicare program. The settlement resolves allegations that Methodist improperly increased charges to Medicare patients in order to obtain enhanced reimbursement from Medicare.

A former Michigan school official was sentenced to serve 46 months in jail and to pay $1.34 million in restitution for his role in a fraudulent scheme to obtain millions of dollars from the Detroit-area Ecorse Public School District, the federal E-Rate program and TCF National Bank. Douglas Benit, a former assistant superintendent at Ecorse Public Schools (EPS), was sentenced in the U.S. District Court in Detroit today after pleading guilty on Nov. 24, 2008, to one count each of mail fraud and bank fraud.

The Department filed a lawsuit today to challenge the at-large method of electing the Lake Park, Fla. Town Commission on the ground that it dilutes the voting strength of black citizens in violation of Section 2 of the Voting Rights Act. The lawsuit, filed in the U.S. District Court in Miami, alleges that as a result of racially polarized voting patterns in town elections, candidates preferred by black voters are usually defeated.

The United States has filed a civil complaint against BP Exploration (Alaska) Inc. (BPXA) alleging that the company violated federal clean air and water laws.

“In connection with the post-trial litigation in United States v. Theodore F. Stevens, the Department of Justice has conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant. After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial."

The Department of Justice, through the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), is providing federal law enforcement assistance to the Binghamton Police Department in response to the shootings in Binghamton.  The FBI’s Albany, N.Y., field office has sent hostage negotiators, an evidence response team and command post assistance.  ATF is providing seven special agents from the Syracuse and Albany field offices. The Department will continue to provide assistance as requested in response to this rapidly developing situation.

A partner in a Pennsylvania-based lobbying firm was sentenced today by U.S. District Judge Henry H. Kennedy Jr., to five months of home detention for destroying evidence in connection with a public corruption investigation, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division, U.S. Attorney Jeffrey A. Taylor for the District of Columbia, Assistant Director of the FBI’s Washington Field Office Joseph Persichini Jr., and Special Agent in Charge C. André Martin of Internal Revenue Service (IRS) Criminal Investigation announced.

A physicist in Newport News, Va., was sentenced to 51 months in prison today for illegally exporting space launch technical data and defense services to the People’s Republic of China and offering bribes to Chinese government officials. Shu Quan-Sheng, 68, a native of China, naturalized U.S. citizen and Ph.D. physicist, was sentenced by Judge Henry C. Morgan, Jr. in U.S. District Court for the Eastern District of Virginia, Norfolk Division.

The Department has entered into a consent decree with the City of Ecorse, Mich., that, if approved by the U.S. District Court for the Eastern District of Mich., will resolve the Department’s complaint against Ecorse filed in July 2008.

Two commercial fisherman pleaded guilty today in U.S. District Court in Greenbelt, Md., to violations of the Lacey Act, the federal law that prohibits individuals from transporting, selling or buying illegally harvested fish, in this case striped bass or rockfish.

Quest Diagnostics Incorporated and its subsidiary, Nichols Institute Diagnostics (NID), have entered into a global settlement with the United States to resolve criminal and civil claims concerning various types of diagnostic test kits that NID manufactured, marketed and sold to laboratories throughout the country until 2006. The payment of $302 million will resolve these allegations and represents one of the largest recoveries ever in a case involving a medical device.

The United States has reached a settlement with NetApp Inc. and NetApp U.S. Public Sector Inc. (collectively NetApp), following an investigation of alleged false claims and contract fraud. NetApp has agreed to pay the United States $128 million, plus interest. This is the largest contract fraud settlement the General Services Administration (GSA) has obtained to date.

An Iraqi-born Dutch citizen was sentenced to 25 years in prison today for conspiring to murder Americans overseas, including by planting roadside bombs targeting U.S. soldiers in Fallujah, Iraq, and by demonstrating on video how these explosives would be detonated to destroy American vehicles and their occupants.

WASHINGTON – Acting Assistant Attorney General Loretta King of the Civil Rights Division announced today that Thomas Houston, former Chief of the Gary, Ind., Police Department, was sentenced to 41 months in prison followed by two years of supervised release for violating the civil rights of a Gary resident in June 2007.

The Department announced a settlement under the Americans with Disabilities Act (ADA) with the city of Philadelphia to greatly improve accessibility for individuals with mobility disabilities at the city’s 1,200 polling places. Today’s settlement is the first settlement by the Department with a city focused solely on accessible polling places. Under the terms of the settlement, the city of Philadelphia recognizes that accessible polling places are the cornerstone of its voting accessibility program and will make its polling places accessible to persons with disabilities.

Six energy companies, in three settlements, have agreed to install pollution control equipment at a cost of over $6 million to comply with the Clean Air Act at their natural gas producing facilities in the Uinta Basin, near Vernal, Utah. The facilities are located on the Uintah &

Alta Colleges Inc. and its wholly-owned collegiate schools in Texas have agreed to pay the United States $7 million to resolve allegations under the False Claims Act that the Texas schools submitted false claims for federal student aid funds. The United States alleged that Alta’s Texas colleges obtained the requisite state licenses by misrepresenting to the state licensing agency that they complied with state job-placement reporting requirements and that their interior design programs complied with requirements for a professional license.

Thomas L. Hallock, a commercial fisherman licensed in Maryland, was sentenced today in U.S. District Court in Greenbelt, Md., to 12 months in prison, for illegally overfishing striped bass also known as rockfish. He was also fined $4,000 and ordered to pay restitution in the amount of $40,000 to the National Fish and Wildlife Foundation to the benefit of the Chesapeake Bay Striped Bass Restoration Account.

The Department has reached a settlement that will resolve its lawsuit filed against Grand Forks County, N.D., on behalf of Suzanne L. Halverson in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), if approved by the U.S. District Court in Fargo. USERRA prohibits employment discrimination against individuals because of their service in the uniformed services.

A federal grand jury has indicted four defendants, and an information has been filed against a fifth defendant, for their participation in a massive mortgage fraud scheme that allegedly promised to pay off homeowners’ mortgages on their “Dream Homes,” but left them to fend for themselves. The indictment was returned on April 22, 2009, and unsealed today.

The Department has filed a lawsuit in U.S. District Court in Philadelphia against Nobel Learning Communities Inc. (Nobel) alleging the company violated Title III of the Americans with Disabilities Act by excluding children with autism spectrum disorders and other disabilities from its schools and programs.

Three more commercial fishermen were sentenced this week in U.S. District Court in Greenbelt, Md., for illegally harvesting and under-reporting their catch of striped bass, also known as rockfish. The sentencings are part of the on-going prosecution of individuals and wholesalers who have participated in a black market to overfish and under-report rockfish catch from the Chesapeake Bay and surrounding waterways, which is the largest spawning ground for striped bass on the East Coast.

The Department announced a settlement that, if approved by the court, will resolve its lawsuit filed on behalf of David D. Sweatt, a Michigan Army National Guard member currently serving in Iraq, against his former employer, Americraft Carton Inc. (Americraft).

The United States has intervened in a civil lawsuit against two former suppliers to the National School Lunch Program – Hallmark Meat Packing Company and Westland Meat Company Inc. – for submitting false and fraudulent claims to the Agricultural Marketing Service (AMS), a division of the U.S. Department of Agriculture (USDA). All ground beef containing defendants’ products was recalled by USDA as of Feb. 16, 2008, and defendants no longer supply beef to the National School Lunch Program or AMS.

"To ensure that the Department holds itself to the highest standards during discovery -- as in every stage of litigation -- in our criminal cases, and also in our civil litigation, we have taken both short-term and long-term action."

The Department filed a lawsuit in U.S. District Court in Sacramento, Calif., against the California Department of Corrections and Rehabilitation (CDCR), alleging that the CDCR failed to promptly reemploy U.S. Air Force reservist Dany Felix in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Patrick Cochran, 47, of Lake Jackson, Texas, pleaded guilty today to one count of travel with intent to engage in illicit sexual conduct with a minor, and one count of possession of child pornography.

Two former managers of the Bank of China and their wives were sentenced today after their convictions on Aug. 29, 2008, by a federal jury in Las Vegas on charges of racketeering, money laundering, international transportation of stolen property as well as passport and visa fraud.

The Department announced the filing of a lawsuit in U.S. District Court in Salt Lake City on behalf of Jose A. Ortega, a Utah National Guard member, against Synapse Data and Telecom Inc., and Matthew Mossbarger, Synapse’s owner and operator, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

"Helping foreign countries improve their criminal justice systems so they can cooperate more effectively with us and with their neighbors in real time is an important aspect of this department’s mission."

The United States and 16 states have joined in two whistleblower suits filed in the District of Massachusetts against the drug manufacturer, Wyeth, alleging that the company knowingly failed to give the government the same discounts it provided to private purchasers of its drugs, as required by laws governing the Medicaid program.

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 Virginia man has been sentenced to 63 months in federal prison for participating in a conspiracy that led to more than 10 million pounds of frozen catfish being imported from Vietnam, but fraudulently labeled and sold in the United States as sole, grouper and other species. This sentence is one of the longest imposed by a federal judge for falsely labeling seafood.

Three HealthEast Care System hospitals have agreed to pay the United States $2.28 million to settle allegations that the health care facilities submitted false claims to Medicare. All three hospitals are located in the Minneapolis-St. Paul, Minn., area. The settlement resolves allegations that the St. Paul-based hospitals overcharged Medicare from 2002 to 2007 by thousands of dollars each time they performed kyphoplasty, a minimally-invasive procedure used to treat certain spinal fractures that often are due to osteoporosis.

Regency Nursing and Rehabilitation Centers Inc. nursing home chain will pay the United States $4 million to settle allegations that Regency submitted false claims to Medicare and the Texas Medicaid program. The Victoria, Texas-based chain currently owns and operates 24 nursing home facilities located through the state.

The Department has filed a complaint in U.S. District Court in Arkansas against the City of Marion alleging it subjected Stacy D. Allen, an African-American and a former City part-time patrol officer, to discrimination on the basis of his race when he was not selected for either of two full-time patrol officer positions in the Marion Police Department.

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.

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).