Discrimination

SPLC Demands Action to Address

Surge of Hate Crimes 

October Designated as Hate Crimes Awareness Month

    WASHINGTON — (SPLC)  — 9/29/2024 — The Southern Poverty Law Center (SPLC) recently responded to the release of the FBI 2023 Hate Crime Statistics Act report by, once again, calling for Congress to expand community-based, prevention efforts and make hate crime reporting mandatory by law enforcement agencies across the country. The SPLC issued its statement on 9/24/24.

    The 2023 report documented 11,862 total hate crimes, including significant increases in anti-Jewish and anti-Muslim crimes. Hate crime reporting came from 16,009 participating law enforcement agencies — out of more than 18,800 federal state, local and tribal law enforcement agencies nationwide — reversing a five-year trend of declining police participation. 

    “One hate crime is too many in our country,” SPLC President and CEO Margaret Huang said. “While today’s report shows a welcome uptick in the number of law enforcement agencies that are participating in the FBI’s data collection, the picture is still incomplete. Far too many agencies, including many in the Deep South that serve large populations, do not report credible data, which puts many people — especially Black, Latinx, Asian, Jewish, LGBTQ+ and immigrant communities — at risk."

 The SPLC has designated October as Hate Crimes Awareness Month to bring more attention to the prevalence of hate crimes and press for urgent action. This annual effort is prompting national conversation and action to prevent hate and foster an inclusive democracy where each of us feels safe and welcome in our communities. 

    “At a time when bigotry, conspiracy theories and disinformation are being mainstreamed and are influencing individuals to engage in hate crimes, we need an accurate understanding of where bias-motivated crime is most prevalent so that we can create coordinated responses that keep communities safe. And, to truly stamp out hate, those responses must incorporate strategies that prevent those susceptible to being influenced by the fringes of society from moving down the dark path of radicalization,” Huang said. 

Environmental Law

Judge Rules Trump International 

Violated Illinois Environmental

Protection Act

Hotel and Tower Found Liable on All Counts

    CHICAGO - (SIERRA CLUB) – 9/12/24 - Cook County Circuit Court Judge Thaddeus L. Wilson ruled recently that the Trump International Hotel & Tower violated and is in violation of the Illinois Environmental Protection Act and committed a continuing public nuisance through a series of failures to comply with state and federal law dating back to 2008. The judge ruled that the evidence was uncontested that Trump Tower, operating as 401 N. Wabash, is liable on all remaining counts brought by Friends of the Chicago River, the Sierra Club Illinois Chapter, and the State of Illinois in this long-running litigation.

    Friends, the Sierra Club, and the Illinois Attorney General filed the lawsuit in 2018 after Friends and the Sierra Club discovered the Trump Tower cooling water intake permit violations during a routine permit review. The Trump Tower can draw in up to about 21 million gallons of water from the Chicago River every day to cool the building. Trump Tower ignored and violated federal and state laws and regulations that require buildings using systems like Trump Tower’s to be designed to minimize impacts on aquatic life, secure permits, operate with protective measures that minimize damage to fish and other aquatic organisms from water intake structures, and prevent harmful heat pollution from its discharges back to the river. A 2018 Chicago Tribune survey found no other cooling intake permits holders had similarly violated the applicable rules.

    The Trump Tower is one of the largest users of water from the Chicago River for cooling and failing to follow the permit requirements resulted in the death of thousands of fish and other aquatic organisms which were sucked into the building cooling system by the intake structure or trapped against its screens. The Trump Tower also failed to accurately compute and report the rate at which the skyscraper’s cooling system withdraws water by approximately 44 percent for more than 10 years. By ruling on the summary judgment, Judge Wilson found that the Trump Tower could not even genuinely dispute that it was in violation of the applicable laws and creating a public nuisance.

    “Judge Wilson’s decision brings us close to the end of a six-year journey to bring justice to the wildlife for whom these laws were designed to protect and the people who enjoy this wildlife,” said Margaret Frisbie, Friends of the Chicago River’s executive director. “The Trump Tower’s complete disregard for the rules carelessly killed countless creatures and degraded the value of the significant public investments over decades to bring about the healthy transformation of the river for people, fish, and other aquatic wildlife.”

     Friends of the Chicago River and Sierra Club Illinois Chapter are represented in this action by Albert Ettinger; the Abrams Environmental Law Clinic at the University of Chicago Law School; and the Environmental Advocacy Center at the Northwestern Pritzker School of Law. Rob Weinstock of the Northwestern Pritzker School of Law argued the case for Friends of the Chicago River and Sierra Club.

    “The recovery of the Chicago River into the healthy heart of our downtown is a major accomplishment for the people of Chicago and the Clean Water Act,” Sierra Club Illinois Director Jack Darin said. 

    Friends of the Chicago River was founded in 1979 to protect and restore the Chicago-Calumet River system for all people, water, and wildlife. Supported by 43,000 members, volunteers, and online activists and recognized by more than 50 awards in 45 years, Friends of the Chicago River is at the forefront of the river’s recovery and renaissance and is the only organization exclusively dedicated to the river and its watershed. For more information, vision chicagoriver.org

    “Trump Tower openly violated the Clean Water Act for years, putting the river and the wildlife that call it home at risk. We’re proud to hold these scofflaws accountable, and applaud our pro bono attorneys and the Attorney General for stepping up to protect our river and its recovery. Friends and Sierra Club look forward to further proceedings that will determine how best to restore and protect the Chicago River and uphold the Clean Water Act and the Illinois Environmental Protection Act,” Frisbie said.

  

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.

Racial Equality

Illinois Traffic Stop Data Shows

Continued Racial Inequalities 

in Stops, Searches

    Illinois (ACLU) - 7/31/2022 - Motorists of color on Illinois streets and highways continue to be stopped at rates higher than that of white drivers according to data collected and reported by police across the state. In 2021, Black drivers were approximately 1.7 times more likely to be stopped by police than white drivers. While Latinx drivers did not see a statewide disparity, they are more likely to be stopped in many jurisdictions. 

    Racial inequities in traffic stops have persisted statewide and in many jurisdictions for years. Black and Latinx drivers are often pulled over for low-level violations, whether it is changing lanes without signaling or having a broken taillight—offenses for which white drivers who violate the same laws are often not stopped. 

    The data for traffic stops in 2021 is contained in a recent report released by the Illinois Department of Transportation earlier this summer, as mandated by the Illinois Traffic and Pedestrian Stop Statistical Study Act (“the Act”).  The Act requires all law enforcement officers in Illinois to record and report data about every motorist they stop, including the race of the motorist, the reason for the stop and the outcome of the stop.  The Act was originally sponsored by then-State Senator Barack Obama and made permanent in recent years.

    The Act was designed to provide law enforcement leadership across the state with a tool for addressing potential racial bias in traffic enforcement. In highlighting the data today, the ACLU of Illinois again calls on law enforcement leadership to review and focus on the data to seek improvement. 

    “Black drivers from across the state have raised concerns for years that police are more likely to stop them than white drivers – that remains true based on this data,” said Joshua Levin, staff attorney for the ACLU of Illinois. “This is not anecdotal or selective – this reality is based on data that police report themselves about traffic stops in their communities. And that data consistently shows that Black drivers are more likely to be stopped than white drivers. ”

    The report makes clear that no single community is responsible for this disparity and some communities have improved in recent years.  Still, some communities have a rate of racial disparities far worse than the statewide rate.

    A number of communities across Illinois showed disparities:

    Chicago: Black drivers were more than 5 times more likely to be stopped than white drivers; Latinx drivers were nearly 2.5 times more likely to be stopped;

    Aurora: Black drivers were 7 times more likely to be stopped by police; Latinx drivers were nearly 4 times more likely;

    Bloomington: Black drivers were 4.7 times more likely to be stopped by police; Latinx drivers were twice as likely;

    Peoria: Black drivers were 6.8 times more likely to be stopped by police; Latinx drivers were 2.3 times more likely;

    Springfield: Black drivers were 5 times more likely to be stopped by police, even though Latinx drivers were stopped consistent with their driving population in the community

    “Black people who have lived in Springfield for any amount of time have noticed that Blacks were more likely to be stopped while driving compared to white drivers,” added Ken Page, a Black driver and President of the ACLU of Illinois Chapter in Springfield. “This data shows that we have more to do as a community to make everyone feel like policing is fair and even-handed. We will be calling on our elected officials and law enforcement leaders to address this situation.”

    The data also shows that Black drivers were more likely to be asked for consent to search their car by police once a stop has been made. Black drivers statewide were more than 40 percent more likely to be asked for permission for such a search. In Chicago, Black drivers were more than 5 times more likely to be asked to allow police to conduct a consent search. Yet the data shows that Chicago police were more likely to find contraband in the automobile of a white motorist. 

    The ACLU’s Levin added: “Because Black and Latinx drivers are more likely to be stopped by police, they are more likely to experience invasive questioning, searches, humiliation, and, all too often, tragic violence at the hands of police. This is why we renew our call on police departments across Illinois to review and use this data to address these longstanding disparities. The Illinois legislature intended this data to be a tool for reform and improvement. Every police agency in Illinois should explain how it will change its policies to solve these stubborn racial inequalities.”

Law and Justice

Justice Department Charges 

Dozens for $1.2 Billion 

in Health Care Fraud

 

     WASHINGTON, D.C., (DOJ) - 7/20/2022 - The Department of Justice today announced criminal charges against 36 defendants in 13 federal districts across the United States for more than $1.2 billion in alleged fraudulent telemedicine, cardiovascular and cancer genetic testing, and durable medical equipment (DME) schemes.

    The nationwide coordinated law enforcement action includes criminal charges against a telemedicine company executive, owners and executives of clinical laboratories, durable medical equipment companies, marketing organizations, and medical professionals.

    Additionally, the Centers for Medicare & Medicaid Services (CMS), Center for Program Integrity (CPI) announced today that it took adverse administrative actions against 52 providers involved in similar schemes. In connection with the enforcement action, the department seized over $8 million in cash, luxury vehicles, and other fraud proceeds.

    “The Department of Justice is committed to prosecuting people who abuse our health care system and exploit telemedicine technologies in fraud and bribery schemes,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “This enforcement action demonstrates that the department will do everything in its power to protect the health care systems our communities rely on from people looking to defraud them for their own personal gain.”

    The coordinated federal investigations announced today primarily targeted alleged schemes involving the payment of illegal kickbacks and bribes by laboratory owners and operators in exchange for the referral of patients by medical professionals working with fraudulent telemedicine and digital medical technology companies. Telemedicine schemes account for more than $1 billion of the total alleged intended losses associated with today’s enforcement action. These charges include some of the first prosecutions in the nation related to fraudulent cardiovascular genetic testing, a burgeoning scheme. As alleged in court documents, medical professionals made referrals for expensive and medically unnecessary cardiovascular and cancer genetic tests, as well as durable medical equipment. For example, cardiovascular genetic testing was not a method of diagnosing whether an individual presently had a cardiac condition and was not approved by Medicare for use as a general screening test for indicating an increased risk of developing cardiovascular conditions in the future.

    “Protecting the American people is at the forefront of the FBI’s mission,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “Fraudsters and scammers take advantage of telemedicine and use it as a platform to orchestrate their criminal schemes. This collaborative law enforcement action shows our dedication to investigating and bringing to justice those who look to exploit our U.S. health care system at the expense of patients.”

    “Today’s enforcement action highlights our dedication to fighting health care fraud and investigating individuals who target Medicare beneficiaries and steal from taxpayers for personal gain,” said Inspector General Christi A. Grimm of the U.S. Department of Health and Human Services. “HHS-OIG is proud to work alongside our law enforcement partners to disrupt fraud schemes that use the guise of telehealth to expand the reach of kickback schemes designed to cheat federally funded health care programs.”

    One particular case charged involved the operator of several clinical laboratories, who was charged in connection with a scheme to pay over $16 million in kickbacks to marketers who, in turn, paid kickbacks to telemedicine companies and call centers in exchange for doctors’ orders. As alleged in court documents, orders for cardiovascular and cancer genetic testing were used by the defendant and others to submit over $174 million in false and fraudulent claims to Medicare—but the results of the testing were not used in treatment of patients. The defendant allegedly laundered the proceeds of the fraudulent scheme through a complex network of bank accounts and entities, including to purchase luxury vehicles, a yacht, and real estate. The indictment seeks forfeiture of over $7 million in United States currency, three properties, the yacht, and a Tesla and other vehicles.  

    Some of the defendants charged in this enforcement action allegedly controlled a telemarketing network, based both domestically and overseas, that lured thousands of elderly and/or disabled patients into a criminal scheme. The owners of marketing organizations allegedly had telemarketers use deceptive techniques to induce Medicare beneficiaries to agree to cardiovascular genetic testing, and other genetic testing and equipment.

    “The Centers for Medicare & Medicaid Services continues to aggressively investigate fraud, waste and abuse and has taken action to protect patients, critical health care resources and to prevent losses to the Medicare Trust Fund,” said CMS Administrator Chiquita Brooks-LaSure. “Work like this to combat fraud, waste, and abuse in our federal programs would not be possible without the successful partnership of CMS, the Department of Justice, and the U.S. Department of Health and Human Services Office of Inspector General.”

    The charges announced today allege that the telemedicine companies arranged for medical professionals to order these expensive genetic tests and durable medical equipment regardless of whether the patients needed them, and that they were ordered without any patient interaction or with only a brief telephonic conversation. Often, these test results or durable medical equipment were not provided to the patients or were worthless to their primary care doctors. 

    Today’s announcement builds on prior telemedicine enforcement actions involving over $8 billion in fraud, including 2019’s Operation Brace Yourself, 2019’s Operation Double Helix, 2020’s Operation Rubber Stamp, and the telemedicine component of the 2021 National Health Care Fraud Enforcement Action. Specifically, the Operation Brace Yourself Telemedicine and Durable Medical Equipment Takedown alone resulted in an estimated cost avoidance of more than $1.9 billion in the amount paid by Medicare for orthotic braces in the 20 months following that enforcement action.

    Today’s enforcement actions were led and coordinated by Acting Principal Assistant Chief Jacob Foster, Acting Assistant Chief Rebecca Yuan and Trial Attorney Catherine Wagner of the National Rapid Response Strike Force in the Criminal Division’s Fraud Section. The Fraud Section’s National Rapid Response Strike Force and the Health Care Fraud Unit’s Strike Forces (SF) in Brooklyn, Detroit, the Gulf Coast, Houston, Miami, Newark, as well as the U.S. Attorneys’ Offices for the District of New Jersey, Eastern District of Louisiana, Eastern District of Texas, Middle District of Florida, Middle District of Tennessee, Northern District of Georgia, Northern District of Mississippi, and Western District of North Carolina are prosecuting these cases.

    In addition to the FBI, HHS-OIG, and CPI/CMS, VA-OIG, DCIS, IRS, MFCU, DEA, and other federal and state law enforcement agencies participated in the operation.

    Prior to the charges announced as part of today’s nationwide enforcement action and since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 16 strike forces operating in 27 districts, has charged more than 5,000 defendants who collectively billed federal health care programs and private insurers approximately $24.7 billion.

    A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    The following documents related to today’s announcement are available on the Health Care Fraud Unit website through the following links:

Telemedicine Enforcement Action (justice.gov)

Telemedicine Court Documents (justice.gov)

Telemedicine Press Releases (justice.gov)

Telemedicine Case Summaries (justice.gov)

    Any patients who believe that they have been contacted as part of a fraudulent telemedicine, clinical laboratory, or DME scheme should call to report this conduct to HHS-OIG at 1-800-HHS-TIPS.

Politics and Corruption

Trump White House Official 

Peter Navarro Indicted 

For Contempt of Congress

    WASHINGTON, D.C. (Common Cause) - 6/3/2022 - The Justice Department indicted former Trump White House official Peter Navarro today for contempt of Congress for defying a subpoena from the January 6th Select Committee. The former trade adviser was a leader in the Trump White House effort to overturn the results of the 2020 election. In April, Common Cause urged House Members to vote to certify criminal contempt citations against Navarro and fellow White House official Dan Scavino.

Statement of Karen Hobert Flynn, Common Cause President

    Americans expect and deserve to know the full truth about the insurrection on January 6th. And they expect and deserve to see justice served to those responsible for unleashing the violent, racist mob that stormed the U.S. Capitol in an attempt to overturn the legitimate results of the 2020 presidential election. The forces that sought to overturn the election are still present today and the threat to democracy is ongoing.

    Although some witnesses like Peter Navarro have failed to comply with duly-issued subpoenas, the Select Committee will begin sharing its findings with the public in its historic hearings that begin on June 9. The Committee has conducted more than a thousand interviews and depositions and collected more than 140,000 documents as part of its bipartisan investigation.

    Today’s indictment of Peter Navarro will help ensure that Congress is able to learn the full truth behind the White House attempts to steal the election that Donald Trump lost. This indictment has been slow to come, but we sincerely hope it is the first of many to come from the Justice Department.

    There must be consequences for those who brought about the insurrection and there must be consequences for those who refuse to comply with Congressional subpoenas. Congress has the power and responsibility of oversight and its subpoenas cannot be ignored without repercussions or else our system of checks and balances will break down. Today’s indictment is a victory for the American people and a victory for the rule of law.

Law and Justice

Report Finds Dozens of Sheriffs

Partnering on Federal Immigration

Enforcement Have Records of

Racism, Abuse, and Violence

 
    WASHINGTON — (ACLU) - 4/30/2022 - The American Civil Liberties Union released a new research report today on Immigrations and Customs Enforcement's 287(g) program, which delegates federal immigration enforcement authority to local and state law enforcement agencies and which expanded five fold under the Trump administration. The report, License to Abuse, is the first in-depth and comprehensive review of the character and conduct of local 287(g) partners, primarily county sheriffs, both under the Biden administration and previous administrations.

    Researchers examined the 142 state and local law enforcement agencies, including sheriff’s offices and departments of corrections, participating in the 287(g) program and highlighted 54 agencies that are among the most egregious in their violations of people’s civil rights and liberties. Key findings presented in the report include:

• 59 percent of participating sheriffs have records of anti-immigrant, xenophobic rhetoric, contributing to a continued climate of fear for immigrants and their families and undermining the administration’s racial equity, accountability, and anti-discrimination commitments. 
  
• 55 percent of sheriffs involved in the program have made statements advocating for inhumane immigration and border enforcement policies and promoting the misinformation and false claims on which they are based. In some cases these sheriffs are actively seeking to defy federal authority in order to preserve the Trump administration’s anti-immigrant, anti-human rights legacy.
• 65 percent of 287(g) participating agencies have records of a pattern of racial profiling and other civil rights violations, including excessive use of force.
• 77 percent of participating sheriffs, local jail authorities and state department of corrections commi​​ssioners are running detention facilities with serious and extensive records of inhumane conditions, implicating the 287(g) program because when the federal government partners with these jails and prisons it tacitly sanctions these conditions.

    “Despite President Biden’s campaign pledge to eliminate 287(g) contracts initiated under the Trump administration, the Biden administration has so far only terminated one 287(g) agreement out of over 140,” said Naureen Shah, senior legislative counsel for the ACLU. “In continuing partnerships with sheriffs who have shameful and persistent records of civil rights violations, particularly against Black and Brown communities, President Biden is sending a message that he sanctions and approves of these abuses. The Biden administration is also undermining its own efforts to repair the harm inflicted by the Trump administration’s anti-immigrant agenda as well as its promise to hold law enforcement accountable for violating the law. The Biden administration should immediately cease working with these agencies, whose conduct is antithetical to the Biden administration’s vision for the country.”

    The ACLU recommends the Biden administration end the 287 (g) program entirely. It should begin ending agreements with 54 participating state and local agencies identified by the ACLU as having particularly egregious records of racial profiling and other civil rights violations; records of poor jail or prison conditions and treatment of individuals in its custody; records of anti-immigrant, xenophobic statements; and records of advocating for inhumane immigration and border policies, with implications for whether they will seek to continue indiscriminate arrests and deportations.

    The full report is online here.

https://www.aclu.org/report/license-abuse-how-ices-287g-program-empowers-racist-sheriffs?redirect=sheriffs-report

Crime and Justice

Addiction Treatment Facility 

Operators Sentenced 

in $112M Fraud Scheme

    (DOJ) - 3/21/2022 - Two brothers who operated multiple South Florida addiction treatment facilities were sentenced to prison Friday for a $112 million addiction treatment fraud scheme that included paying kickbacks to patients through patient recruiters and receiving kickbacks from testing laboratories.

    “These substance abuse treatment facility operators, through brazen tactics driven by greed, took advantage of vulnerable patients seeking treatment,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “These sentences demonstrate the department’s unwavering commitment to protecting patients and prosecuting fraudulent substance abuse treatment facilities through our Sober Homes Initiative.”

    Jonathan Markovich, 37, and his brother, Daniel Markovich, 33, both of Bal Harbour, were sentenced in the Southern District of Florida to 188 months and 97 months in prison, respectively.

    According to court documents and evidence presented at trial, the defendants conspired to unlawfully bill for approximately $112 million of addiction treatment services that were medically unnecessary and/or never provided, which were procured through illegal kickbacks at two addiction treatment facilities, Second Chance Detox LLC, dba Compass Detox (Compass Detox), an inpatient detox and residential facility, and WAR Network LLC (WAR), a related outpatient treatment program. The defendants obtained patients through patient recruiters who offered illegal kickbacks to patients, including free airline tickets, illegal drugs, and cash payments. 

    The defendants shuffled a core group of patients between Compass Detox and WAR in a cycle of admissions and re-admissions to fraudulently bill for as much as possible. Patient recruiters gave patients illegal drugs prior to admission to Compass Detox to ensure admittance for detox, which was the most expensive kind of addiction treatment offered by the defendants’ facilities. In addition, therapy sessions were billed for but not regularly provided or attended, and excessive, medically unnecessary urinalysis drug tests were ordered, billed for, and paid. Compass Detox patients were given a so-called “Comfort Drink” to sedate them, and to keep them coming back. Patients were also given large and potentially harmful amounts of controlled substances, in addition to the “Comfort Drink,” to keep them compliant and docile, and to ensure they stayed at the facility.

    “To manipulate and exploit patients seeking help in their most vulnerable state is unacceptable,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “These individuals orchestrated a scheme that sought profits over the well-being of patients, and they will be held accountable for their actions. With the help of our law enforcement partners, the FBI continues to investigate, bring down these criminal enterprises, and protect our citizens.” 

    After a seven-week trial in November 2021, both defendants were convicted of conspiracy to commit health care fraud and wire fraud. Jonathan Markovich was convicted of eight counts of health care fraud and Daniel Markovich was convicted of two counts of health care fraud. They were also both convicted of conspiracy to pay and receive kickbacks and two counts of paying and receiving kickbacks. Jonathan Markovich was separately convicted of conspiring to commit money laundering, two counts of concealment money laundering, and six counts of laundering at least $10,000 in proceeds of unlawful activities. He was also convicted of two counts of bank fraud related to fraudulently obtaining PPP loans for both Compass Detox and WAR during the COVID-19 pandemic.

    The FBI’s Miami Field Office, Department of Health and Human Services, Office of Inspector General, and the Broward County Sherriff’s Office investigated the case.

    Senior Litigation Counsel Jim Hayes and Trial Attorney Jamie de Boer of the Criminal Division’s Fraud Section prosecuted the case.

    The National Rapid Response Strike Force, Miami Strike Force, and Los Angeles Strike Force lead the Department of Justice’s Sober Homes Initiative, which was announced in the 2020 National Health Care Fraud Takedown to prosecute defendants who exploit vulnerable patients seeking treatment for drug and/or alcohol addiction.

Cyber Security

Report: Healthcare, Manufacturing

Top Targets for Cyber Attacks

    NEW YORK -- (BUSINESS WIRE) -- July 5, 2021 - Avanan, a leader in Cloud Email and Collaboration Security, announced on June 30 the release of the company's 1H 2021 Global Phish Cyber Attack Report, which analyzes today’s threat landscape, phishing vectors, and industry-based attacks, exposing healthcare and manufacturing as two of the top industries being targeted by hackers in the first half of the year.

    “With hospitals around the world being hit with ransomware attacks and manufacturers experiencing supply chain disruption due to cyber-attacks, the Avanan research shows that hackers are using one of the most basic tactics to get in ‒ phishing attacks,” said Gil Friedrich, CEO and Co-Founder of Avanan.

    According to Avanan’s security research and analysis, the most attacked industries are IT, healthcare, and manufacturing. IT saw over 9,000 phishing emails in a one-month span, out of an average of 376,914 total emails; healthcare saw over 6,000 phishing emails out of an average of 451,792 total emails; and manufacturing saw just under 6,000 phishing emails out of an average of 331,184 total emails.

    These industries are the most targeted because they hold incredibly valuable data from health records to social security numbers, combined with the fact that healthcare and manufacturing tend to use outdated tech and often have non-technical board of directors. In healthcare, in particular, the industry is largely unprepared. Though every industry gets attacked, the ones that hold the most data are the most at risk.

    For this report, Avanan security researchers analyzed over 905 million emails spanning a six-month period. Since Avanan works as a layer of security behind Microsoft’s EOP, ATP/Defender, Google Workspace, or any SEGs, this analysis only looks at the emails these other layers did not quarantine. The report reflects an analysis of the most sophisticated and evasive attacks in use today.

    Key Findings:

• Because threats have gotten so advanced, AI is required to stop the majority of attacks missed by legacy solutions. Without the use of sophisticated AI, 51% of attacks would be missed and reach end-users.
• Impersonation and credential harvesting attacks remain top phishing vectors. Credential harvesting, 54% of all phishing attacks, has risen by nearly 15% when compared to 2019; 20.7% of all phishing attacks are Business Email Compromise (BEC); and only 2.2% of phishing attacks are extortion.
• Hackers are starting to target lower-hanging fruit rather than C-level executives. Now, 51.9% of all impersonation emails attempted to impersonate a non-executive in the organization. In fact, non-executives are targeted 77% more often.
• Misconfiguration is playing a rising role in phishing. Over 8% of phishing emails ended up in the user’s inbox simply because of an allow or block list misconfiguration, a 5% increase from last year, and 15.4% of email attacks are on an Allow List.
• The most commonly used tactic is using non-standard characters and limited sender reputation. Non-standard characters are used in 50.6% of phishing links and 84.3% of phishing emails do not have a significant historical reputation with the victim.
  

    Avanan anticipates that cyberattacks will continue to explode with healthcare and education being hit hardest, predicting that attacks on the education sector will surge over the next six months with massive increases when school returns in the fall. In addition, Avanan predicts COVID related phishing emails will decrease, while office place related phishing emails will increase. As workers around the globe return to the office, there will be a spike in phishing attacks leveraging services like fax, scanners, copiers, targeting the things used in office life that sat dormant for the last year and a half.

    For more information and to download the report, please visit: https://www.avanan.com/resources/white-papers/1h-cyber-attack-report.

 

Crime and Justice

City of Minneapolis, Police

Department To Be Investigated

(DOJ news release) -- April 21, 2021 -- Attorney General Merrick B. Garland announced today that the Justice Department has opened a pattern or practice investigation into the City of Minneapolis (the City) and the Minneapolis Police Department (MPD).

    The investigation will assess all types of force used by MPD officers, including uses of force involving individuals with behavioral health disabilities and uses of force against individuals engaged in activities protected by the First Amendment. The investigation will also assess whether MPD engages in discriminatory policing.

As part of the investigation the Justice Department will conduct a comprehensive review of MPD policies, training and supervision. The department will also examine MPD’s systems of accountability, including complaint intake, investigation, review, disposition and discipline. The Department of Justice will also reach out to community groups and members of the public to learn about their experiences with MPD.

“The investigation I am announcing today will assess whether the Minneapolis Police Department engages in a pattern or practice of using excessive force, including during protests,” Garland said. “Building trust between community and law enforcement will take time and effort by all of us, but we undertake this task with determination and urgency, knowing that change cannot wait.”

This morning, Department of Justice officials informed Minneapolis Mayor Jacob Frey, MPD Chief Medaria Arradondo, City Attorney Jim Rowader, City Coordinator Mark Ruff, and City Council President Lisa Bender of the investigation. The department will continue to work closely with both the City and MPD as the investigation progresses.

“One of the Civil Rights Division’s highest priorities is to ensure that every person in this country benefits from public safety systems that are lawful, responsive, transparent and nondiscriminatory,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department's Civil Rights Division. “It is essential that police departments across the country use their law enforcement authority, including the authority to use force, in a manner that respects civil rights and the sanctity of human life.”

The investigation is being conducted pursuant to the Violent Crime Control and Law Enforcement Act of 1994, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law. The Act allows the Department of Justice to remedy such misconduct through civil litigation. The department will be assessing law enforcement practices under the First, Fourth and Fourteenth Amendments to the U.S. Constitution, as well as under the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act.

The Special Litigation Section of the Department of Justice Civil Rights Division, in Washington, D.C., and the U.S. Attorney’s Office for the District of Minnesota, in Minneapolis, are jointly conducting this investigation. Individuals with relevant information are encouraged to contact the Department of Justice via email at Community.Minneapolis@usdoj.gov or by phone at 866-432-0268. Individuals can also report civil rights violations regarding this or other matters using the Civil Rights Division’s new reporting portal, available at civilrights.justice.gov.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available on its website at https://www.justice.gov/usao-mn.

Crime and Justice

 White Supremacists 

Plead Guilty to Violent Crime 

in Aid of Racketeering

(US DOJ) - 3/4/2021 - Two members of the Aryan Circle (AC) pleaded guilty this week to their roles in a violent assault of a man in October 2016.

Michael Martin, aka Aryan Prodigy, aka AP, 38, of Austin, Texas, and Bobby Dayle Boney, 50, of Sulphur Springs, Texas, each pleaded guilty to assault resulting in serious bodily injury in aid of racketeering. Martin and Boney committed the assault as part of their membership in the AC, a gang that operates in Texas and other states throughout the country.

This case is part of a larger investigation into the AC, Operation Noble Virtue, that has targeted AC leadership and resulted in prosecutions and convictions in six different jurisdictions to date. According to information presented in court and contained in court filings, the AC is a violent, white supremacist organization that originated in the Texas Department of Corrections and operates in federal prisons across the country, as well as outside prisons in states including Texas, Arkansas, Louisiana, and Missouri. The AC enforces its rules and promotes discipline among its members, prospects, and associates through murder, attempted murder, assault, and threats. Members, and oftentimes associates, are required to follow the orders of higher-ranking members without question.

Martin and Boney both joined the AC in the early 2000s and have gang tattoos indicating their affiliation. Both served in leadership roles within the gang. For a period of time, Martin served as an upper board member, which meant that he was one of the five highest-ranking leaders in the gang. Also, for a period of time, Boney held the leadership rank of vice president, which meant that he gave orders to other AC members and disciplined members who were not following the gang’s directives, among other things.

Prior to October 2016, AC members learned that another member wanted to switch his gang affiliation, or “patch over,” from the AC to a different gang. Martin ordered AC members to attack the former member in order to “X” him, or remove him from the gang, because it violated the AC’s rules to join another organization. AC members, including Martin and Boney, held a “church,” or meeting, at an AC member’s home in the Tyler, Texas, area where they planned the logistics of the assault.

On Oct. 2, 2016, Martin, Boney, and other AC members met at a park near Tyler to carry out the assault. On Martin’s order, Boney and another AC member violently beat the victim, including kicking the victim in the head while he was on the ground. This attack resulted in the victim seeking medical care.

Martin and Boney will be sentenced at a date to be determined.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and Acting U.S. Attorney Nicholas J. Ganjei for the Eastern District of Texas made the announcement.

This case is part of a larger investigation into the Aryan Circle by an Organized Crime Drug Enforcement Task Force (OCDETF) consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Federal Bureau of Prisons; Texas Department of Public Safety; Houston Police Department-Gang Division; Montgomery County (TX) Precinct One Constable’s Office; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Texas Department of Criminal Justice; New Jersey Department of Corrections-Special Investigations Division; Indiana State Police; Fort Smith (AR) Police Department; Arkansas Department of Corrections; Arnold (MO) Police Department; Jefferson County (MO) Sheriff’s Department; St. Louis Metropolitan Police Department; St. Louis County (MO) Police Department; Indiana Department of Corrections; Carrollton (TX) Police Department; Montgomery County (TX) Sheriff’s Office; Travis County (TX) Sheriff’s Office; Tarrant County (TX) Sheriff’s Office; Evangeline Parish (LA) Sheriff’s Office; Smith County (TX) Sheriff’s Office; McCurtain County (OK) Sheriff’s Office; Montgomery County (TX) District Attorney’s Office; Liberty County (TX) District Attorney’s Office; Harris County (TX) District Attorney’s Office; Mercer County (NJ) District Attorney’s Office; Evangeline Parish (LA) District Attorney’s Office; and the Sebastian County (AR) District Attorney’s Office.

Trial Attorney Bethany Lipman of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Christopher Rapp of the Eastern District of Texas are prosecuting the case.

Domestic Extremism

ADL Survey: Three Quarters of

 Americans Concerned About 

Domestic Extremism

NEW YORK (ADL) - 1/17/2021 - Following the seditious riot at the U.S. Capitol, Americans are highly concerned about violent extremism, according to a survey taken after the events released Jan. 12 by ADL (Anti-Defamation League) that evaluated perceptions of the threats facing the country.

Image credit: Anti-Defamation League

    “Most Americans now see the direct connection between the dangerous rhetoric from President Trump, others on the far right, and extremist groups to the horrifying violence at our nation’s Capitol,” said Jonathan Greenblatt, ADL CEO. “At ADL, we have been monitoring the concerning rise of extremism and the way national leaders, including President Trump, have enabled and empowered this hate to spread, especially online. The events of this week were the latest example of why it’s essential that policymakers and social media companies take concrete action to prevent future violence.”

Approximately two-thirds of Americans believe Donald Trump (67 percent) and members of white supremacist, far-right or militia groups (64 percent) are at least somewhat responsible for the violence at the Capitol. Roughly three-quarters of Americans are at least somewhat concerned about violence in the next year from anti-government and militia movement members (77 percent) and white supremacists (75 percent).

Over half of Americans also believe that social media companies like Facebook and Twitter (61 percent) and Congressional Republicans who said they would oppose certification of election results (55 percent) are at least somewhat responsible for the violence on Wednesday.

Unequivocally, Americans want the government to do more to address violent domestic extremism. Sixty-five percent want the government to do more to address the rise of far-right extremism.

“Violent domestic extremism is a global threat that will outlast President Trump’s time in office and so the incoming Congress and Biden-Harris Administration must work together proactively, deliberately and swiftly dismantle this domestic terror threat.” Greenblatt said. “Additionally, we applaud mainstream social media companies for removing President Trump from their platforms, but there is more work to be done to stop the widespread hate and extremism.”

The survey also found that 66 percent of Americans believe that the government should prosecute individuals who stormed the Capitol, while 20 percent oppose prosecuting those responsible, and 13 percent do not know.

Americans also support social media companies taking action, with 63 percent agreeing that social media companies should ban posts and individuals encouraging or celebrating extremism and conspiracy theories.

Twenty-seven percent (27 percent) of Americans believe that antifa is significantly responsible for the attack on the U.S. Capitol, and 64 percent are at least somewhat concerned about violence associated with antifa. While ADL has expressed concerns about violent encounters between antifa and the far right previously, there isno evidence to support this claim.

The survey of U.S. adults was conducted from Jan. 7 to Jan. 8, 2021 by YouGov, a leading public opinion and data analytics firm, on behalf of ADL. There were 1,176 respondents, 1,102 of whom were aware of the incident in the capitol. The figures have been weighted and are representative of all U.S. adults aged 18 or over. The survey has a margin of error of +/- 2.95 percentage points.

Officers Arrested

 Two Off-Duty Police Officers 

Charged Following Events at Capitol

    WASHINGTON, D.C. – (DOJ) - 1/14/2021 - Two off-duty Rocky Mount, Virginia police officers were charged on Jan. 12 in federal court in the District of Columbia in connection with the riots at the U.S. Capitol on Wednesday, Jan. 6, 2021.

    Jacob Fracker and Thomas Robertson were charged by complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds. Both defendants were arrested on January 13, 2021, in Virginia. It is alleged that during the events at the U.S. Capitol, Fracker and Robertson were photographed in the Capitol building making an obscene gesture in front of the John Stark statue.

    On social media, Robertson is quoted as saying, “CNN and the Left are just mad because we actually attacked the government who is the problem and not some random small business ... The right IN ONE DAY took the f***** U.S. Capitol. Keep poking us.” He also stated that he was “proud” of the photo on an Instagram post that was shared to Facebook, because he was “willing to put skin in the game.” On Facebook, Fracker posted a comment that read, “Lol to anyone who’s possibly concerned about the picture of me going around... Sorry I hate freedom? …Not like I did anything illegal…y’all do what you feel you need to.” The post has since been deleted.

    These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Western District of Virginia. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.

    The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.

    The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via ReportIt.com.

    The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

Criminal Charges

   Retired Firefighter Criminally

 Charged for Actions at Capitol

    WASHINGTON, D.C. – (DOJ) - 1/14/2021 - A retired Pennsylvania firefighter was charged on Jan. 13, 2021 and arrested on Jan. 14 in Pennsylvania in connection with the riots at the U.S. Capitol last week.

    Robert Sanford, 55, of Boothwyn, Pennyslvania, was charged by criminal complaint with knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly or disruptive conduct on capitol grounds, civil disorder, and assaulting, resisting, or impeding certain officers while engaged in the performance of official duties.

    It is alleged that during the events at the U.S. Capitol, Sanford struck three U.S. Capitol Police (USCP) officers with a fire extinguisher. A video, recorded by an individual who was present in the crowd, captures when a man throws what appears to be a fire extinguisher at a group of USCP officers protecting the lower west terrace of the Capitol.

    The fire extinguisher struck one officer, who was wearing a helmet, in the head; then, the fire extinguisher ricochets striking a second officer, who was not wearing a helmet, in the head; and ricochets a third time and strikes a third officer, wearing a helmet, in the head. After throwing the fire extinguisher at USCP, Sanford leaves the area in the opposite direction. Federal authorities were able to identify Sanford, after receiving a tip on January 12.

    The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The cases are being investigated by the FBI’s Washington Field Office and the United States Capitol Police.

    The information contained in the charging documents are merely allegations. The defendants are presumed innocent until proven guilty.

    The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via ReportIt.com.

    The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

Culture and Politics

2020: A Year of Social Panic,

Spiking Gun Sales, and 

a Pandemic That Still Rages 

 

By Steve Rensberry
Opinion / Analysis

_________________

    EDWARDSVILLE, Ill. - 1/1/2021 - The year 2020 was one for the history books. Gun sales went through the roof, murder and violent shootings practically doubled in major cities across the country, political tensions and polarization was fiercer than ever, and the leader of the free world -- angry at losing an election -- has repeatedly tried to redefine reality, peddle election conspiracies, and downplay a pandemic that has claimed more than 330,000 American lives.

    

Firearms manufactured in the U.S. by type. Source: ATF

     

    The trends are worth documenting, and analyzing, though at least one writer on the subject urges patience given the uncertainty and complexity of the situation. Yes, murder and shootings were up significantly in Chicago, but they were also significantly up in most every other major city in the country. Crime analyst Jeff Asher, in fact, looked at 50 major U.S. cities this past year and concluded that murder was up on average by 35-36 percent relative to 2019, all but blowing away the previous year-to-year record change of 12.5 percent.

    Also, while people have been buying guns like it was bread at the supermarket, experts have noted that an estimated 40 percent of those purchases have been by first-time buyers, at least in Illinois, and most were handguns -- which I suppose is a bit more comforting than AK-47s or rocket launchers.

    One indication of just how record-shattering gun sales were in Illinois in 2020 comes from the Illinois State Police (ISP), who reported in early December that they were battling an enormous backlog of Firearm Owners Identification (FOID) card applications.

    The demand has been outstripping the ISP's capacity for years, the ISP said, with the number of FOID card holders growing from 1.2 to 2.2 million in just the past decade. The number of concealed carry permit holders in the state grew from 90,301 in 2014 to 343,2099 in 2020, a three-fold increase.

  

Firearm registration per state. Source: ATF

 "Due to the lengthy budget impasses, the Firearms Services Fund (FSF) was 'swept' in 2015 and 2018 and no plan to maintain or expand staffing was developed during that period," the ISP stated in the notice. "The current administration has not swept the fund and, in 2019, new leadership over ISP FSB (Illinois State Police Firearm Services Bureau) initiated a hiring plan and metrics-based strategic plan focused on outcomes and accountability. This year, the ISP FSB was confronted with a massive work increase across all categories."

    From 2017 to 2020, FOID card applications increased in Illinois by 167 percent, and Firearm Transfer Inquiry Program (FTIP) requests increased by 45 percent from where it was in 2019, to 506,104.

    "ISP FSB processed an unprecedented 64,000+ FTIPs in March 2020 -- the largest number recorded for one month until that record was broken in June with 65,000+ FTIPs," the ISP stated. "More than 400,000 calls came into the FSB Call Center from May to November when a new automated phone system with metrics was activated."

    In 2019, ISP data showed there were 2,285,990 active FOID card holders in the state and 325,187 people with permits to carry a concealed weapon. Although submitting one's fingerprints can speed up the application process, especially for a concealed carry permit, it is not mandated. "Only 0.06% of FOID card holders were fingerprinted as part of the FOID/FCCL application process," the ISP states. 

    FOID card applications totaled 170,178 in 2014, 163,172 in 2015, 187,947 in 2016, 166,649 in 2017, and 256,353 in 2018. In 2019, they climbed slightly higher to roughly 262,000. However, from January 2020 to November 2020 the ISP received 445,945 applications. The number of Illinois residents with concealed carry licenses, meanwhile, has climbed to more than 343,300.

    What is fueling the historic rise? That question has been asked by multiple experts since at least mid-summer. In a Dec. 12, 2020 news story for the Peoria Journal Star, writers Ann Sweeney and Stacy St. Clair quote Illinois State Police Director Brendon Kelly as saying the increase is "undeniable," and describing it as a reflection of tensions seen across the country.

    Sweeney and St. Clair cite an initial spike in March as COVID-19 began to spread and Gov. J.B. Pritzker issued stay-at-home orders. "In that month alone, there were 64,000 background checks performed in anticipation of a firearm sale," they write. Another spike happened in June when racial protests began to spread, with more than 65,000 inquiries.

    Because the tracking of private sales is limited, the total number of guns sold during 2020 is likely to be higher than the 506,104 logged through the Firearm Transfer Inquiry Program, they said. It is also unclear exactly how many firearms are being sold to one individual following just one background check.

    To me, the surge in violent shootings is horrendously sad, and another indication that we simply have a long way to go in reducing crime in the country. Is it due to a lack of policing effectiveness? The result of police being less aggressive for fear of a backlash, or undertaking fewer patrols because too many officers are off sick with COVID-19? Some officials have speculated as much.

    The good news, if you can call it that, is that the current spike in violent crime follows several years of declining numbers, representing mostly a setback.

    As for the spike in gun purchases, it smacks me as both reactionary and fear-driven, yet sadly understandable given the spirit of the times. A lot of people don't feel safe and they don't trust the police, and sometimes even their neighbors. The downside is that experts fear it could seriously increase the risk of suicides, lead to more overall crime through firearm theft and misuse, and lead to more injuries or accidental deaths by first-time buyers, many of whom may have received less than rigorous training because of the pandemic.

    Meanwhile, here we are at the start of another year and COVID-19 infections continue to claim lives, despite the roll-out of promising vaccines. It needs to happen faster.

    What can be said about the pandemic this past year that hasn't already been said? Although it has been highly politicized in the U.S., the fact that it has spread the world over, leading at last count to 1.82 million deaths worldwide and 83.4 million total cases, should be enough for people to pull together and defeat a common enemy.

    As we head into 2021, we can only hope. 

 

Reference

The Complicated Truth About Chicago Crime

Illinois Sees Record Increase in Firearm Permit Requests

What's Behind a Sharp Rise in Murders Across the U.S.?

Prison Sentence

Former Police Officer, 

Gangster Disciples Member

 Sentenced to Prison

    (DOJ) - 11/18/2020 - A former DeKalb County, Georgia, police officer and member of the Gangster Disciples has been sentenced to 15 years in prison followed by five years of supervised release for racketeering conspiracy involving murder,

   The announcement was made by Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Byung J. “BJay” Pak of the Northern District of Georgia.

   Vancito Gumbs, 28, of Stone Mountain, Georgia, claimed to be a “hitman” for the Gangster Disciples while at the same time serving as a police officer. Evidence showed that Gumbs relayed sensitive law enforcement information to the gang and provided a firearm to a fellow gang member.

   According to the charges and other information presented in court, the Gangster Disciples are a national gang with roots in Chicago dating back to the 1970s. The gang is highly structured, with a hierarchy of leadership positions known as “Positions of Authority” or “POAs.” The gang strictly enforces rules for its members, the most important of which is “Silence and Secrecy” – a prohibition on cooperating with law enforcement. Violations of the rule are punishable by death.

   Evidence at trial showed that the Gangster Disciples were responsible for 24 shootings from 2011 through 2015, including 12 murders. Gumbs, who had been photographed flashing a hand sign used by the Gangster Disciples, was a self-professed “hitman” for the gang while serving as a police officer.

   While he was employed as a DeKalb County police officer, federal agents captured Gumbs on recorded phone calls with the “Chief Enforcer” for the Georgia Gangster Disciples. Evidence showed that during these calls, Gumbs relayed law enforcement information to the gang and provided a firearm to a fellow gang member. On later calls, the Chief Enforcer noted that he had Gangster Disciples police officers at his disposal.

   Among other criminal activity, the Gangster Disciples engaged in the commission of murders. The jury found that Gumbs joined or remained in the racketeering conspiracy while knowing and agreeing that the gang engaged in murder.

   This case was investigated by the FBI, Atlanta Police Department, and DeKalb County Police Department.

   Principal Deputy Chief Kim S. Dammers of the Criminal Division’s Organized Crime and Gang Section (OCGS), Assistant U.S. Attorneys Ryan K. Buchanan, Deputy Chief of the Violent Crime and National Security Section, Erin N. Spritzer of the Northern District of Georgia, and Trial Attorney Conor Mulroe of OCGS prosecuted the case.

   Source: DOJ news release of Nov. 16, 2020

Criminal Indictment

 Investigation Into Violent White 

Supremacist Gang Brings Additional 

Charges, Rico Indictment

(DOJ) - 10/28/2020 - The U.S. Justice Department has announced that additional charges have been brought in a superseding indictment against members and associates of a white supremacist gang known as the 1488s. The 1488s have been charged as a criminal organization that was involved in narcotics distribution, arson, obstruction of justice, and acts of violence including murder, assault, and kidnapping.

Two new defendants were added to the recently unsealed superseding indictment. Felicia King, 55, of Wasilla, Alaska, was charged with accessory after the fact for her role in the August 2017 beating, kidnapping, and murder of Michael Staton, aka “Steak Knife.”

Justin Eaton, aka “Skulls” 45, of Anchorage, Alaska, who had been previously charged in a separate indictment as a felon in possession of a firearm, was charged with RICO conspiracy, kidnapping and assault for his role in the April 2, 2017, beating of a former 1488 member.

Original defendants Filthy Fuhrer, (formerly Timothy Lobdell), 42; Roy Naughton, aka “Thumper,” 40; Glen Baldwin, aka “Glen Dog,” 37; Craig King, aka “Oakie,” 53; and Colter O’Dell, 26, were all charged in a RICO Conspiracy. Fuhrer and Naughton also face additional charges for federal kidnapping, as well as kidnapping and assault in aid of racketeering for incidents occurring in April and July of 2017.

In the original indictment, Fuhrer, Naughton, Baldwin, King, O’Dell, and Beau Cook, 32, were charged with murder in aid of racketeering, kidnapping in aid of racketeering, assault in aid of racketeering, kidnapping, and conspiracy to commit assault and kidnapping in aid of racketeering. Two other key members, Nicholas M. Kozorra, aka “Beast,” 29, and Dustin J. Clowers, 34, previously pleaded guilty to murder in aid of racketeering in unsealed court documents. Additionally, Cook has pleaded guilty to kidnapping for his role in the Staton homicide.

According to the superseding indictment, the 1488s are a violent prison-based gang operating inside and outside of state prisons throughout Alaska and elsewhere. The 1488s employed Nazi-derived symbols to identify themselves and their affiliation with the gang. The most coveted tattoo of 1488s members was the 1488s “patch” (an Iron Cross superimposed over a Swastika), which could be worn only by “made” members who generally gained full membership by committing an act of violence on behalf of the gang.

According to the indictment, as part of their operations, 1488s members and associates engaged in illegal activities under the protection of the enterprise, including narcotics trafficking, weapons trafficking, and other illegal activities to promote the influence of the gang The 1488s allegedly had an organizational structure, which is outlined in written “rules” widely distributed to members throughout Alaska and elsewhere.

Members of the 1488s allegedly acted in different roles in order to further the goals of their organization, including “bosses” who had ultimate authority in all gang matters. “Key holders” were allegedly responsible for all gang matters within penal facilities where 1488s had a presence, and in “free world” Alaska (outside of prison). “Enforcers” were allegedly responsible for enforcing the rules and performing tasks as assigned by higher-ranking gang members. “Prospects” for membership were required to familiarize themselves with Nazi-inspired white supremacist ideology. Violence against law enforcement was also a means of gaining standing within the 1488s. Female associates of the gang were referred to as “lady-eights”.

In or about 2016, Fuhrer allegedly became more aggressive in his efforts to impose discipline within the gang. He allegedly believed that members who were defying the 1488 code of conduct were diminishing the power and influence of the gang. As outlined in the superseding indictment, this culminated in the kidnapping and assault of former members on April 2, 2017, and July 20, 2017, and the kidnapping, assault, and murder of Staton on Aug. 3, 2017. These acts were allegedly ordered by leadership of the 1488s acting from within and from outside of the prison system.

The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The FBI’s Safe Streets Task Force, and the Alaska State Troopers, Alaska Bureau of Investigation, investigated this case in conjunction with the District of Alaska U.S. Attorney’s Office’s Organized Crime Division and the Criminal Division’s Organized Crime and Gang Section (OCGS). Investigative Assistance was provided by IRS Criminal Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Anchorage Police Department (APD), and the State of Alaska’s Department of Corrections.

This case is being prosecuted by Trial Attorney Chad McHenry of OCGS and Assistant U.S. Attorneys William Taylor, James Klugman, and Chris Schroeder of the District of Alaska.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Bryan Schroder of the District of Alaska, Special Agent in Charge Robert Britt of the FBI’s Anchorage Field Office, and Alaska State Trooper Captain David Hanson, Commander of the Alaska Bureau of Investigation, made the announcement.

   Charges detailed in the indictments are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

   Source: U.S. Dept. of Justice press release
   See also: indictment download