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DOJ Announces Charges, Sentencings in Pandemic Relief Fraud Operation

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OPINION: This article may contain commentary which reflects the author's opinion.


The U.S. Department of Justice announced this week a massive operation aimed at taking down those involved in alleged pandemic relief fraud.

“The Criminal Division and our partners are committed to identifying and holding accountable those who exploit the COVID-19 pandemic for their own gain,” said Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division. “As these cases demonstrate, we are unwavering in our determination to prosecute those who have defrauded relief programs meant to help struggling Americans during the pandemic.”

The DOJ press release stated:

The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) program, as well as other crimes relating to the COVID-19 pandemic. The USPS-OIG, FBI, and Department of the Interior, Office of Inspector General (DOI-OIG) are investigating the case. Fraud Section Trial Attorneys Kelly M. Lyons and Darren C. Halverson are prosecuting the case.

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The Fraud Section leads the Criminal Division’s efforts to combat fraud related to the COVID-19 pandemic, particularly with respect to the resources made available by Congress through the CARES Act for programs including the PPP, the EIDL, and the Provider Relief Fund. Since the CARES Act passed, Fraud Section attorneys have prosecuted more than 192 defendants in more than 121 criminal cases related to CARES Act programs and funds. The Fraud Section has also seized more than $78 million in cash proceeds derived from CARES Act-related fraud schemes, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.

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On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.

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Earlier this month, the DOJ announced an enforcement operation that took down a significant human smuggling operation in Texas and other parts of the southern United States.

The operation, a part of Joint Task Force Alpha, included the arrest of eight alleged human smugglers.

“Over a year ago, we launched Joint Task Force Alpha to strengthen our efforts across government to dismantle the most dangerous human smuggling and trafficking networks,” said Attorney General Merrick B. Garland. “The charges announced today are just the latest example of these efforts’ success. The Justice Department will continue to bring our full resources to bear to combat the human smuggling and trafficking groups that endanger our communities, abuse and exploit migrants, and threaten our national security.”

“Transnational criminal organizations often use sophisticated circumvention techniques to facilitate their smuggling and trafficking efforts,” said Acting Deputy Director PJ Lechleitner of the U.S. Immigration and Customs Enforcement (ICE). “Special agents with Homeland Security Investigations (HSI) employ a full range of law enforcement techniques and cross-border authorities to combat human smuggling by effectively eliminating profit incentives, seizing assets, and maintaining strong collaborative relationships with law enforcement partners across the country and world. Today should be a reminder that if you are going to engage in this type of criminal activity, your criminal network is not invisible. The members of the organization will be exposed, the network will be dismantled, and you will be brought to justice.”

“Human smugglers are criminals who do not care about human life,” said Deputy Commissioner Troy Miller of U.S. Customs and Border Protection (CBP). “They lie to make money, convincing vulnerable migrants to hand over what is often their life savings in exchange for empty promises to get to the United States. Smugglers regularly abandon migrants in the desert or mountains with no food or water, leaving them for dead. CBP strives to be flexible, adaptable, and to think outside the box when it comes to disrupting these criminal organizations and protecting migrants from harm.”

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