Auto-Parts Manufacturing Company Sentenced in Worker Death Case

Company Ordered to Pay $1.5 Million in Fines and Restitution, Enter Probation, and Implement Safety Compliance Plan

JOON LLC, d/b/a AJIN USA (Ajin), an auto-parts manufacturing company, was sentenced in federal court today in Montgomery, Alabama, after pleading guilty to a charge related to the death of a machinery operator.

Regina Elsea, who was 20 years old, worked at Ajin’s Cusseta, Alabama, facility.  On June 18, 2016, she entered an enclosure — called a “cell” — containing several robots and other pieces of machinery.  While she was inside the cell, troubleshooting a sensor fault, one of the machines started up and Elsea was struck by a robotic arm.  She died of her injuries. 

The Occupational Safety and Health Act (OSH Act) requires employers to develop and utilize procedures to de-energize machinery during maintenance and servicing activities to prevent the kind of unplanned startup that killed Elsea.  These procedures are often referred to as “lockout/tagout.”  Ajin knew these procedures were required and had developed them, but Ajin also knew that — over a period of at least two years — supervisors did not effectively enforce them.

In the 15 minutes prior to Elsea’s fatal injury — in the presence of their supervisors — workers entered cells to troubleshoot machinery without following lockout/tagout no less than five times, and the supervisors did not take any action to stop or reprimand them.  In two other instances, the supervisors themselves entered a cell without following lockout/tagout.  At the time of Elsea’s fatal injury, several individuals were inside the cell, none of whom had followed lockout/tagout procedures to de-energize the machinery within the cell.

Ajin pleaded guilty to a willful violation of the OSH Act standard requiring the use of lockout/tagout procedures.  U.S. Magistrate Judge Stephen Michael Doyle sentenced Ajin to pay a $500,000 fine — the statutory maximum — $1,000,000 in restitution to Elsea’s estate, and a three-year term of probation, during which Ajin must comply with a safety compliance plan, overseen by a third-party auditor.  Among other things, the safety compliance plan requires a full review of Ajin’s lockout/tagout procedures, weekly inspections to ensure compliance, and creation of a mechanism for employees to report any safety concerns about the facility anonymously.

“Regina’s tragic death was preventable,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division.  “OSH Act standards exist to protect American workers, but employers must actually implement them.  When safety policies exist only on paper, tragedies like this occur.  Ajin knew its supervisors and managers were turning a blind eye to the company’s safety procedures.  Now, Ajin must take responsibility for its conduct.  It will implement the safety compliance plan, and work to make its facility safer for its employees.  Employers should be aware that they must follow workplace safety laws.” 

“Every worker expects to return home safely at the end of his or her shift,” said U.S. Attorney Louis V. Franklin Sr. of the Middle District of Alabama.  “The OSH Act was passed to ensure that workers could trust that their employers create and maintain a safe work environment.  While most companies abide by the OSH Act, the unfortunate reality is that some of them do not.  Ajin failed to comply with the OSH Act and, as a direct result of their failure, Regina Elsea did not return home safely at the end of her shift.  Her death was preventable and Ajin’s failure to keep her out of harm’s way is inexcusable.  I hope this prosecution sends a message to companies that people are their most valuable resource and complying with the OSH Act is a must in protecting its employees.” 

“Employers are responsible for worker safety and health, and the failure in this situation was tragic,” said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt.  “Well-known safety procedures were repeatedly ignored that could have prevented this tragedy.  While nothing can ever replace the loss of life, the court has sent a clear message that such disregard for worker safety is unacceptable.”

The case was prosecuted by Assistant U.S. Attorney Stephanie Billingslea and former Assistant U.S. Attorney Ben M. Baxley of the Middle District of Alabama and Trial Attorney Erica H. Pencak of the Environment and Natural Resources Division’s Environmental Crimes Section.  The case was investigated by the U.S. Department of Labor Office of Investigations.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Hits: 3

News Network

  • U.S. Businesses Must Take a Stand Against China’s Human Rights Abuses
    In Human Health, Resources and Services
    Keith Krach, Under [Read More…]
  • ANZAC Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • On the Anniversary of the Day of Portugal, Camões, and Portuguese Communities
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • TSA Acquisitions: TSA Needs to Establish Metrics and Evaluate Third Party Testing Outcomes for Screening Technologies
    In U.S GAO News
    In 2013, the Transportation Security Administration (TSA) introduced the concept of third party testing—having an independent testing entity verify that a security screening system meets certain requirements. The concept is that screening system vendors would take this additional step either prior to submitting their technologies to TSA or if their system failed TSA's test and evaluation process. The goal is for third party testing to reduce the time and resources that TSA spends on its own testing. However, since introduced, TSA has directed only three vendors that failed TSA tests to use third party testing, with varying outcomes. In two other cases, TSA supplemented its test capabilities by using third party testers to determine that systems installed at airports were working properly. TSA officials and industry representatives pointed to several reasons for third party testing's limited use since 2013, such as the cost to industry to use third party testers and TSA's reluctance to date to accept third party test data as an alternative to its own. Despite this, TSA officials told GAO they hope to use third party testing more in the future. For example, in recent announcements to evaluate and qualify new screening systems, TSA stated that it will require a system that fails TSA testing to go to a third party tester to address the identified issues (see figure). Example of Use of Third Party Testing When a System Experiences a Failure in TSA's Testing TSA set a goal in 2013 to increase screening technology testing efficiency. In addition, TSA reported to Congress in January 2020 that third party testing is a part of its efforts to increase supplier diversity and innovation. However, TSA has not established metrics to determine third party testing's contribution toward the goal of increasing efficiency. Further, GAO found no link between third party testing and supplier diversity and innovation. Some TSA officials and industry representatives also questioned third party testing's relevance to these efforts. Without metrics to measure and assess the extent to which third party testing increases testing efficiency, TSA will be unable to determine the value of this concept. Similarly, without assessing whether third party testing contributes to supplier diversity and innovation, TSA cannot know if third party testing activities are contributing to these goals as planned. TSA relies on technologies like imaging systems and explosives detection systems to screen passengers and baggage to prevent prohibited items from getting on board commercial aircraft. As part of its process of acquiring these systems and deploying them to airports, TSA tests the systems to ensure they meet requirements. The 2018 TSA Modernization Act contained a provision for GAO to review the third party testing program. GAO assessed the extent to which TSA (1) used third party testing, and (2) articulated its goals and developed metrics to measure the effects of third party testing. GAO reviewed TSA's strategic plans, acquisition guidance, program documentation, and testing policies. GAO interviewed officials from TSA's Test and Evaluation Division and acquisition programs, as well as representatives of vendors producing security screening systems and companies providing third party testing services. GAO is recommending that TSA develop metrics to measure the effects of third party testing on efficiency, assess its effects on efficiency, and assess whether third party testing contributes to supplier diversity and innovation. DHS concurred with GAO's three recommendations and has actions planned to address them. For more information, contact Marie A. Mak at (202) 512-4841 or MakM@gao.gov.
    [Read More…]
  • Justice Department Applauds the Passage and Enactment of the Servicemembers and Veterans Initiative Act of 2020
    In Crime News
    On Jan. 5, 2021, President Donald J. Trump signed H.R. 8354, the Servicemembers and Veterans Initiative Act of 2020, a bill to permanently establish the Servicemembers and Veterans Initiative, or “SVI”, within the Civil Rights Division of the Department of Justice.
    [Read More…]
  • At the Virtual Launch of the Inaugural U.S.-UAE Strategic Dialogue
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Identifying Organizations Engaged in Anti-Semitic BDS Activities
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Justice Department Settles Retaliation Claim Against Florida Electrician Company
    In Crime News
    The Justice Department today announced that it reached a settlement agreement with Service Minds Inc., dba Mister Sparky (Service Minds), a company that provides contract electrical services to residential customers in Florida and Alabama. The settlement resolves a claim that the company retaliated against a work-authorized job applicant, in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA), when he and his wife challenged a U.S. citizens-only hiring rule that a recruiter had wrongly claimed was the company’s policy.
    [Read More…]
  • Disaster Housing: Improved Cost Data and Guidance Would Aid FEMA Activation Decisions
    In U.S GAO News
    The Federal Emergency Management Agency (FEMA) relied primarily on rental assistance payments to assist 2017 and 2018 hurricane survivors but also used direct housing programs to address housing needs, as shown in the table below. GAO found that FEMA provided rental assistance to about 746,000 households and direct housing assistance to about 5,400 households. FEMA did not use the Disaster Housing Assistance Program (DHAP)—a pilot grant program managed jointly with the Department of Housing and Urban Development (HUD)—because FEMA viewed its direct housing programs to be more efficient and cost-effective and did not consider DHAP to be a standard post-disaster housing assistance program. Number of Households Affected by the 2017 and 2018 Hurricanes That Received Rental and Direct Temporary Housing Assistance, by State or Territory State or territory Rental assistance Direct housing assistance Florida 422,230 1,241 North Carolina 20,198 656 Puerto Rico 147,620 414 Texas 143,465 2,988 U.S. Virgin Islands 12,147 69 Total number of households 745,660 5,368 Source: Federal Emergency Management Agency (FEMA). | GAO-21-116 Notes: FEMA provided the vast majority of its direct housing assistance through transportable temporary housing units such as manufactured housing. Rental assistance data are as of February 13, 2020, and direct housing assistance data are as of July 15, 2020. FEMA's analyses of the cost-effectiveness of housing assistance programs were limited because program cost data were incomplete or not readily useable. The Robert T. Stafford Disaster Relief and Emergency Assistance Act requires FEMA to consider factors including cost-effectiveness when determining which types of housing assistance to provide. Although FEMA has stated its direct housing programs were relatively more cost-effective than DHAP, FEMA generally could not support these statements with cost data. Specifically, FEMA does not collect key program data in its system, such as monthly subsidy and administrative costs, in a manner that would allow it to analyze the full costs of providing the assistance. Without such information, the agency's program activation decisions will not be well informed, particularly with regard to cost-effectiveness. FEMA policy guidance also says that FEMA is to compare the projected costs of the direct housing programs it is considering activating, but does not consistently specify what cost information to consider, such as whether to use both programmatic and administrative costs. Without such guidance, FEMA cannot reasonably assure that its assessments and their results incorporate consistent and comparable data. The 2017 and 2018 hurricanes (Harvey, Irma, Maria, Florence, and Michael) caused $325 billion in damage. FEMA provided post-disaster assistance, including rental and direct housing assistance. DHAP was a pilot grant program that provided temporary rental assistance and was used to respond to several hurricanes before 2017. GAO was asked to review issues related to major disasters in 2018 and housing assistance provided after the 2017 and 2018 hurricanes. This report (1) describes the assistance FEMA provided in response to those hurricanes, and (2) evaluates the extent to which FEMA considered cost-effectiveness in activating programs. GAO reviewed FEMA and HUD policies, communications, and other documentation; analyzed FEMA data; and interviewed officials at FEMA headquarters and regional offices, HUD, and Texas state and local government offices. GAO makes two recommendations to FEMA for its temporary housing programs: (1) identify and make changes to its data systems to allow for capture and analysis of programs' full costs, and (2) specify the information needed to compare projected program costs in its guidance on activating programs. DHS agreed with both recommendations, and said it planned to implement them in 2021–2022. For more information, contact John Pendleton at (202) 512-8678 or pendletonj@gao.gov.
    [Read More…]
  • Norwegian National Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • High Ranking MS-13 Gang Member Facing Federal Firearms Charges After Nightclub Shooting
    In Crime News
    A criminal complaint was unsealed Nov. 6 charging the local leader of an MS-13 Gang clique with being a convicted felon in possession of a firearm, announced Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division and U.S. Attorney Don Cochran for the Middle District of Tennessee.
    [Read More…]
  • Philippines National Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Arkansas Businessman Pleads Guilty to Income Tax Evasion
    In Crime News
    A Bentonville, Arkansas, resident pleaded guilty today to income tax evasion announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
    [Read More…]
  • Burundi Travel Advisory
    In Travel
    Do not travel to Burundi [Read More…]
  • Joint Statement of the U.S.-Ecuador Bilateral Expanded Political Dialogue
    In Crime Control and Security News
    Office of the [Read More…]
  • Secretary Blinken’s Call with Australian Foreign Minister Payne
    In Crime Control and Security News
    Office of the [Read More…]
  • Servicemember Rights: Mandatory Arbitration Clauses Have Affected Some Employment and Consumer Claims but the Extent of Their Effects is Unknown
    In U.S GAO News
    Mandatory arbitration clauses in civilian employment contracts and consumer agreements have prevented servicemembers from resolving certain claims in court under two laws that offer protections: the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA), and the Servicemembers Civil Relief Act, as amended (SCRA) (see figure). Some courts have held that claims involving mandatory arbitration clauses must be resolved with arbitrators in private proceedings rather than in court. Although we reviewed federal court cases that upheld the enforceability of these clauses, Department of Justice (DOJ) officials said mandatory arbitration clauses have not prevented DOJ from initiating lawsuits against employers and other businesses under USERRA or SCRA. However, DOJ officials noted that these clauses could affect their ability to pursue USERRA claims against private employers on behalf of servicemembers. Servicemembers may also seek administrative assistance from federal agencies, and mandatory arbitration clauses have not prevented agencies from providing this assistance. For example, officials from DOJ, as well as the Departments of Defense (DOD) and Labor (DOL), told us they can often informally resolve claims for servicemembers by explaining servicemember rights to employers and businesses. Examples of Employment and Consumer Protections for Servicemembers Note: USERRA generally provides protections for individuals who voluntarily or involuntarily leave civilian employment to perform service in the uniformed services. SCRA generally provides protections for servicemembers on active duty, including reservists and members of the National Guard and Coast Guard called to active duty. Data needed to determine the prevalence of mandatory arbitration clauses and their effect on the outcomes of servicemembers' employment and consumer claims under USERRA and SCRA are insufficient or do not exist. Officials from DOD, DOL, and DOJ told us their data systems are not set up to track these clauses. Further, no data exist for claims settled without litigation or abandoned by servicemembers. Finally, data on arbitrations are limited because they are often private proceedings that the parties involved agree to keep confidential. Servicemembers are among millions of Americans who enter into contracts or agreements with mandatory arbitration clauses. For example, these provisions may be included in the contracts servicemembers sign when they enter the civilian workforce, obtain a car loan, or lease an apartment. These contracts generally require disputes to be resolved in private proceedings with arbitrators rather than in court. Due to concerns these clauses may not afford servicemembers certain employment and consumer rights, Congress included a provision in the National Defense Authorization Act for Fiscal Year 2020 for GAO to study their effects on servicemembers' ability to file claims under USERRA and SCRA. This report examines (1) the effect mandatory arbitration has on servicemembers' ability to file claims and obtain relief for violations of USERRA and SCRA, and (2) the extent to which data are available to determine the prevalence of mandatory arbitration clauses and their effect on servicemember claims. GAO reviewed federal laws, court cases, and regulations, as well as agency documents, academic and industry research, and articles on the claims process. GAO interviewed officials from DOD, DOL, DOJ, and other agencies, academic researchers, and a range of stakeholders representing servicemembers, businesses, attorneys, and arbitration firms. GAO also identified and evaluated potential sources of data on servicemembers' employment and consumer claims collected by federal agencies and the firms that administer arbitrations or maintained in court records. For more information, contact Kris T. Nguyen at (202) 512-7215 or NguyenTT@gao.gov.
    [Read More…]
  • Former Owner of Michigan Home Healthcare Business Pleads Guilty to Tax Fraud
    In Crime News
    A Michigan man pleaded guilty today to filing a false individual income tax return.
    [Read More…]
  • The United States Leads the Fight Against Foreign Bribery and Transnational Corruption
    In Crime Control and Security News
    Cale Brown, Deputy [Read More…]
  • Tax Preparer Pleads Guilty in False Returns Scheme
    In Crime News
    A Georgia woman pleaded guilty today to preparing false tax returns for clients.
    [Read More…]
  • Justice Department Signs Antitrust Memorandum of Understanding with Korean Prosecution Service
    In Crime News
    Yesterday, the Department of Justice signed an antitrust Memorandum of Understanding (MOU) with the Korean Prosecution Service (KPS). The MOU is designed to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries.
    [Read More…]
  • The U.S. Reaches $1.5 Billion Settlement with Daimler AG Over Emissions Cheating in Mercedes-Benz Diesel Vehicles
    In Crime News
    The U.S. Department of Justice, Environmental Protection Agency (EPA), and California Air Resources Board (CARB) announced today a proposed settlement with German automaker Daimler AG and its American subsidiary Mercedes-Benz USA, LLC (collectively, “Daimler”) resolving alleged violations of the Clean Air Act and California law associated with emissions cheating. 
    [Read More…]
  • Secretary Michael R. Pompeo With Erick Erickson of The Erick Erickson Show on WSB Atlanta
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Congratulatory Message on the 30th Anniversary of the Visegrád Group (V4)
    In Crime Control and Security News
    Ned Price, Department [Read More…]
  • Financial Audit: Federal Deposit Insurance Corporation Funds’ 2020 and 2019 Financial Statements
    In U.S GAO News
    GAO found (1) the financial statements of the Deposit Insurance Fund (DIF) and of the Federal Savings and Loan Insurance Corporation (FSLIC) Resolution Fund (FRF) as of and for the years ended December 31, 2020, and 2019, are presented fairly, in all material respects, in accordance with U.S. generally accepted accounting principles; (2) although internal controls could be improved, the Federal Deposit Insurance Corporation (FDIC) maintained, in all material respects, effective internal control over financial reporting relevant to the DIF and to the FRF as of December 31, 2020; and (3) with respect to the DIF and to the FRF, no reportable instances of noncompliance for 2020 with provisions of applicable laws, regulations, contracts, and grant agreements GAO tested. In commenting on a draft of this report, FDIC stated that it was pleased to receive unmodified opinions on the DIF's and the FRF's financial statements. In regard to the significant deficiency in internal control over contract payment review processes, FDIC stated that it began taking steps to address this issue and will work to enhance control activities and expand monitoring capabilities in this area. Further, FDIC stated that it recognizes the essential role a strong internal control program plays in an agency achieving its mission. FDIC added that its commitment to sound financial management has been and will remain a top priority. Section 17 of the Federal Deposit Insurance Act, as amended, requires GAO to audit the financial statements of the DIF and of the FRF annually. In addition, the Government Corporation Control Act requires that FDIC annually prepare and submit audited financial statements to Congress and authorizes GAO to audit the statements. This report responds to these requirements. For more information, contact James R. Dalkin at (202) 512-3133 or dalkinj@gao.gov.
    [Read More…]
  • Defense Transportation: DOD Can Better Leverage Existing Contested Mobility Studies and Improve Training
    In U.S GAO News
    From 2016 through 2019, the Department of Defense (DOD) conducted or sponsored at least 11 classified or sensitive studies on contested mobility— the ability of the U.S. military to transport equipment and personnel in a contested operational environment. The studies resulted in more than 50 recommendations, and DOD officials stated they believed that some of the recommendations had been implemented. However, officials did not know the exact disposition of the recommendations, as they are not actively tracking implementation activities. Further, no single DOD oversight entity evaluated the studies' recommendations and tracked implementation across the department. As a result, DOD may be missing an opportunity to leverage existing knowledge on mobility in contested environments across organizations, and strengthen its mobility efforts for major conflicts as envisioned in the National Defense Strategy. DOD has updated aspects of wargame exercises and mobility training to prepare for a contested environment, but has not updated training for the surge sealift fleet—ships owned by DOD and the Department of Transportation's Maritime Administration (MARAD) and crewed by contracted mariners. These crews are primarily trained and qualified to operate the ship, but receive limited contested mobility training. While DOD has updated air mobility training and other aspects of mobility training, sealift crew training requirements have not been updated by DOD and MARAD to reflect contested environment concerns because DOD has not conducted an evaluation of such training. Since sealift is the means by which the majority of military equipment would be transported during a major conflict, it is important that crews be trained appropriately for contested mobility to help ensure that ships safely reach their destinations and complete their missions. C-17 Performing Defense Maneuvers DOD has begun to mitigate contested environment challenges through improved technology and related initiatives. The Navy is acquiring improved technologies to deploy on surge sealift ships and replacement ships. The Air Force is equipping current mobility aircraft (see photo above) with additional defensive technologies and planning for the development of future replacement aircraft. According to U.S. Transportation Command, the command is revising its contracts with commercial partners to address cyber threats, and funding research and development projects that address contested mobility concerns. Many of these efforts are nascent and will take years to be put in place. China and Russia are strengthening their militaries to neutralize U.S. strengths, including mobility—the ability of U.S. military airlift and air refueling aircraft and sealift ships to rapidly move equipment and personnel from the United States to locations abroad to support DOD missions. Senate Report 116-48 included a provision for GAO to review DOD's ability to operate in a contested mobility environment. This report assesses the extent to which DOD has studied contested mobility and tracked the implementation of study recommendations, assesses the extent to which DOD has revised its training to incorporate contested mobility challenges, and describes the technologies that DOD uses to mitigate contested mobility challenges. GAO identified contested mobility studies conducted or sponsored by DOD; evaluated DOD's processes for monitoring implementation of study recommendations; analyzed training and exercise documents from DOD combatant commands, the Air Force, and the Navy; and reviewed DOD plans for technological improvements to its mobility forces. GAO recommends that DOD designate an oversight entity to track the implementation of study recommendations, and that DOD and MARAD evaluate and update sealift training. DOD and the Department of Transportation concurred or partially concurred with each recommendation. GAO believes each recommendation should be fully implemented, as discussed in the report. For more information, contact Cary Russell at (202) 512-5431 or RussellC@gao.gov.
    [Read More…]
  • Cabo Verde Travel Advisory
    In Travel
    Reconsider travel to [Read More…]
  • Chinese Man Extradited for Financing Turtle-Trafficking Ring
    In Crime News
    A Chinese citizen was extradited from Malaysia to the United States today to face charges for money laundering.
    [Read More…]
  • Tax Administration: Opportunities Exist to Improve Oversight of Hospitals’ Tax-Exempt Status
    In U.S GAO News
    Nonprofit hospitals must satisfy three sets of requirements to obtain and maintain a nonprofit tax exemption (see figure). Requirements for Nonprofit Hospitals to Obtain and Maintain a Tax-Exemption While PPACA established requirements to better ensure hospitals are serving their communities, the law is unclear about what community benefit activities hospitals should be engaged in to justify their tax exemption. The Internal Revenue Service (IRS) identified factors that can demonstrate community benefits, but they are not requirements. IRS does not have authority to specify activities hospitals must undertake and makes determinations based on facts and circumstances. This lack of clarity makes IRS's oversight challenging. Congress could help by adding specificity to the Internal Revenue Code (IRC). While IRS is required to review hospitals' community benefit activities at least once every 3 years, it does not have a well-documented process to ensure that those activities are being reviewed. IRS referred almost 1,000 hospitals to its audit division for potential PPACA violations from 2015 through 2019. However, IRS could not identify if any of these referrals related to community benefits. GAO's analysis of IRS data identified 30 hospitals that reported no spending on community benefits in 2016, indicating potential noncompliance with providing community benefits. A well-documented process, such as clear instructions for addressing community benefits in the PPACA reviews or risk-based methods for selecting cases, would help IRS ensure it is effectively reviewing hospitals' community benefit activities. Further, according to IRS officials, hospitals with little to no community benefit expenses would indicate potential noncompliance. However, IRS was unable to provide evidence that it conducts reviews related to hospitals' community benefits because it does not have codes to track such audits. Slightly more than half of community hospitals in the United States are private, nonprofit organizations. IRS and the Department of the Treasury have recognized the promotion of health as a charitable purpose and have specified that nonprofit hospitals are eligible for a tax exemption. IRS has further stated that these hospitals can demonstrate their charitable purpose by providing services that benefit their communities as a whole. In 2010, Congress and the President enacted PPACA, which established additional requirements for tax-exempt hospitals to meet to maintain their tax exemption. GAO was asked to review IRS's implementation of requirements for tax-exempt hospitals. This report assesses IRS's (1) oversight of how tax-exempt hospitals provide community benefits, and (2) enforcement of PPACA requirements related to tax-exempt hospitals. GAO is making one matter for congressional consideration to specify in the IRC what services and activities Congress considers sufficient community benefit. GAO is also making four recommendations to IRS, including to establish a well-documented process to ensure hospitals' community benefit activities are being reviewed, and to create codes to track audit activity related to hospitals' community benefit activities. IRS agreed with GAO's recommendations. For more information, contact Jessica Lucas-Judy at (202) 512-9110 or lucasjudyj@gao.gov.
    [Read More…]
  • The Stability and Security of the Western Balkans
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Three Individuals Charged with Arranging Adoptions from Uganda and Poland Through Bribery and Fraud
    In Crime News
    Three women were charged in a 13-count indictment filed on Aug. 14 in the Northern District of Ohio for their alleged roles in schemes to corruptly and fraudulently procure adoptions of Ugandan and Polish children through bribing Ugandan officials and defrauding U.S. adoptive parents, U.S. authorities, and a Polish regulatory authority.
    [Read More…]
  • Request for Statements of Interest: FY20 China Programs
    In Human Health, Resources and Services
    Bureau of Democracy, [Read More…]
  • Operation Legend: Case of the Day
    In Crime News
    Each weekday, the Department of Justice will highlight a case that has resulted from Operation Legend.  Today’s case is out of the Northern District of Ohio.  Operation Legend launched in Cleveland on July 29, 2020, in response to the city facing increased homicide and non-fatal shooting rates.
    [Read More…]
  • DA investigator indicted on drug and money laundering charges
    In Justice News
    An investigator with the [Read More…]
  • Secretary Michael R. Pompeo with Yoshio Arima of NHK
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Nuclear Waste: Congressional Action Needed to Clarify a Disposal Option at West Valley Site in New York
    In U.S GAO News
    The Department of Energy (DOE) has made progress in cleaning up radioactive waste at the site of the West Valley Demonstration Project in New York State. In the 1960s and 1970s, a commercial facility at the site reprocessed spent (used) nuclear fuel into reusable nuclear material—creating various wastes that remained on-site after the facility closed in 1976. Since 2011, DOE has demolished 51 of 55 structures there and disposed of about 1.3 million cubic feet of low-level waste to off-site locations. It has also placed solidified high-level waste into interim on-site storage (see fig.). In addition, DOE has processed for interim on-site storage about 30,000 cubic feet of transuranic waste (which is contaminated with elements that have an atomic number greater than uranium). As of February 2020, DOE reported spending about $3.1 billion on contracted cleanup activities, but it cannot estimate the cleanup's final cost until it decides how it will address the remaining waste. High-Level Waste from the West Valley Demonstration Project in Interim On-Site Storage, March 2017 DOE has been unable to dispose of the high-level and transuranic wastes stored at West Valley because there are no facilities authorized to accept these wastes. DOE has identified two potential options for disposal of the transuranic waste: the federal Waste Isolation Pilot Plant in New Mexico and a commercial facility in Texas. However, the New Mexico facility is authorized to accept only waste from atomic energy defense activities, and DOE does not consider West Valley waste to be from atomic energy defense activities. Regarding the Texas facility, state regulations preclude disposal of the waste there. In 2017, DOE submitted to Congress a report on all disposal options, as required by the Energy Policy Act of 2005. Pursuant to this act, DOE must await action by Congress before making a final decision, and Congress has not yet acted. The West Valley Demonstration Project Act, enacted in 1980, requires DOE to assist with cleanup activities at the site of the nation's only commercial facility for reprocessing spent nuclear fuel. The site contained 600,000 gallons of liquid high-level waste, radioactively contaminated structures and soils, and buried radioactive waste. In 2011, DOE began the first phase of its decommissioning plan, which included demolishing above-ground structures and removing contaminated soils. The West Valley Reauthorization Act and the Senate Committee Report No. 116-48 included provisions for GAO to review progress on the cleanup at West Valley. GAO's report examines (1) the status of the cleanup and (2) DOE's options for disposing of the remaining radioactive waste. GAO reviewed DOE's data on cleanup costs and waste volumes and its decommissioning plans, as well as laws, regulations, and policies governing radioactive waste disposal. GAO also interviewed officials from DOE and the state of New York, as well as other stakeholders. Congress should consider taking action to provide a legal option for the disposal of West Valley's transuranic waste. For more information, contact Allison Bawden at (202) 512-3841 or BawdenA@gao.gov.
    [Read More…]
  • Homeland Security: DHS Needs to Fully Implement Key Practices in Acquiring Biometric Identity Management System
    In U.S GAO News
    What GAO Found The Department of Homeland Security (DHS) initially expected to implement the entire Homeland Advanced Recognition Technology (HART) by 2021; however, no segments of the program have been deployed to date. Currently estimated to cost $4.3 billion in total, DHS plans to deploy increment 1 of the program in December 2021 and expects to implement later increments in 2022 and 2024. Increment 1 is expected to replace the functionality of the existing system. Although the multi-billion dollar HART program had suffered continuing delays, until the end of last year, the DHS Chief Information Officer (CIO) had reported the program as low risk on the IT Dashboard, a website showing, among other things, the performance and risks of agency information technology (IT) investments. In May 2020, the Office of the CIO began developing a new assessment process which led to the CIO accurately elevating HART's rating from low to high risk and reporting this rating to the IT Dashboard in November 2020. In addition, consistent with OMB guidance, the CIO fulfilled applicable oversight requirements for high-risk IT programs by, among other things, conducting a review of the program known as a TechStat review. While the CIO complied with applicable oversight requirements in conducting the TechStat review, GAO noted that DHS's associated policy was outdated. Specifically, the 2017 policy does not reflect the revised process DHS started using in 2020. As such, until the guidance is updated, other departmental IT programs deemed high risk would likely not be readily aware of the specific process requirements. Concurrent with the CIO's actions to conduct oversight, HART program management has also acted to implement important risk management practices. Specifically, GAO found that HART had fully implemented four of seven risk management best practices and partially implemented the remaining three (see table). For example, as of February 2021, the program had identified 49 active risks, including 15 related to cost and schedule and 17 related to technical issues. While DHS has plans under way to fully implement two of the partially implemented practices, until it fully implements the remaining practice its efforts to effectively monitor the status of risks and mitigation plans may be hampered. Summary of the Homeland Advanced Recognition Technology Program's Implementation of the Seven Risk Management Practices Practice GAO assessment 1. Determine risk sources and categories ● 2. Define parameters to analyze and categorize risks ● 3. Establish and maintain a risk management strategy ◑ 4. Identify and document risks ● 5. Evaluate and categorize each identified risk using defined risk categories and parameters, and determine its relative priority ● 6. Develop a risk mitigation plan in accordance with the risk management strategy ◑ 7. Monitor the status of each risk periodically and implement the risk mitigation plan as appropriate ◑ Legend: ● = Fully implemented ◑ = Partially implemented ○ = Not implemented Source: GAO analysis of agency data. | GAO-21-386 Why GAO Did This Study DHS currently uses an outdated system, implemented over 27 years ago, for providing biometric identity management services (i.e., fingerprint matching and facial recognition technology services), known as the Automated Biometric Identification System, or IDENT. In 2016, DHS initiated a multi-billion dollar program known as HART, which is intended to replace the existing system. GAO was asked to evaluate the HART program. Its specific objectives, among others, were to (1) determine the status of the program, (2) assess the extent to which the DHS CIO was accurately reporting risk and meeting applicable oversight requirements, and (3) assess the extent to which the program was identifying and managing its risks. To accomplish these objectives, GAO identified the program's schedule and cost estimates, assessed the CIO's risk ratings and HART oversight documentation and related evidence against OMB guidance, and compared the program's risk management practices to best practices that are essential to identifying and mitigating potential problems. In addition, GAO interviewed appropriate officials.
    [Read More…]
  • F-35 Sustainment: DOD Needs to Address Key Uncertainties as It Re-Designs the Aircraft’s Logistics System
    In U.S GAO News
    The Autonomic Logistics Information System (ALIS) is integral to supporting F-35 aircraft operations and maintenance. However, F-35 personnel at 5 locations GAO visited for its March 2020 report cited several challenges. For example, users at all 5 locations we visited stated that electronic records of F-35 parts in ALIS are frequently incorrect, corrupt, or missing, resulting in the system signaling that an aircraft should be grounded in cases where personnel know that parts have been correctly installed and are safe for flight. At times, F-35 squadron leaders have decided to fly an aircraft when ALIS has signaled not to, thus assuming operational risk to meet mission requirements. GAO found that DOD had not (1) developed a performance-measurement process for ALIS to define how the system should perform or (2) determined how ALIS issues were affecting overall F-35 fleet readiness, which remains below warfighter requirements. DOD recognizes that ALIS needs improvement and plans to leverage ongoing re-design efforts to eventually replace ALIS with a new logistics system. However, as DOD embarks on this effort, it faces key technical and programmatic uncertainties (see figure). Uncertainties about the Future F-35 Logistics Information System These uncertainties are complicated and will require significant planning and coordination with the F-35 program office, military services, international partners, and the prime contractor. For example, GAO reported in March 2020 that DOD had not determined the roles of DOD and the prime contractor in future system development and management. DOD had also not made decisions about the extent to which the new system will be hosted in the cloud as opposed to onsite servers at the squadron level. More broadly, DOD has experienced significant challenges sustaining a growing F-35 fleet. GAO has made over 20 recommendations to address problems associated with ALIS, spare parts shortages, limited repair capabilities, and inadequate planning. DOD has an opportunity to re-imagine the F-35's logistics system and improve operations, but it must approach this planning deliberately and thoroughly. Continued attention to these challenges will help ensure that DOD can effectively sustain the F-35 and meet warfighter requirements. The F-35 Lightning II is DOD's most ambitious and costly weapon system in history, with total acquisition and sustainment costs for the three U.S. military services who fly the aircraft estimated at over $1.6 trillion. Central to F-35 sustainment is ALIS—a complex system that supports operations, mission planning, supply-chain management, maintenance, and other processes. A fully functional ALIS is critical to the more than 3,300 F-35 aircraft that the U.S. military services and foreign nations plan to purchase. Earlier this year, DOD stated that it intends to replace ALIS with a new logistics system. This statement highlights (1) current user challenges with ALIS and (2) key technical and programmatic uncertainties facing DOD as it re-designs the F-35's logistics system. This statement is largely based on GAO's March 2020 report on ALIS ( GAO-20-316 ), as well as previous F-35 sustainment work. GAO previously recommended that DOD develop a performance-measurement process for ALIS, track how ALIS is affecting F-35 fleet readiness, and develop a strategy for re-designing the F-35's logistics system. GAO also suggested that Congress consider requiring DOD to develop a performance-measurement process for its logistics system. DOD concurred with GAO's recommendations and is taking actions to address them. For more information, contact Diana C. Maurer at (202) 512-9627 or maurerd@gao.gov.
    [Read More…]
  • Shooter pleads guilty
    In Justice News
    A 20-year-old [Read More…]
  • Readout of The Department of Justice’s Efforts to Combat Hate Crimes Against Asian American and Pacific Island Communities
    In Crime News
    The Department of Justice today held a listening session with more than a dozen Asian American and Pacific Islander (AAPI) community groups as part of its continuing efforts to deter hate crimes and other unlawful acts against the AAPI community.
    [Read More…]
  • Terrorist Designation of Abd al-Aziz Malluh Mirjirash al-Muhammadawi
    In Crime Control and Security News
    Office of the [Read More…]
  • Bankruptcy Filings Fall Sharply for Second Straight Quarter
    In U.S Courts
    Despite continued high unemployment related to the coronavirus (COVID-19) pandemic, personal and business bankruptcy filings fell 21.1 percent for the 12-month period ending Sept. 30, 2020, according to statistics released by the Administrative Office of the U.S. Courts.
    [Read More…]
  • Justice Department Announces National Response Center and Offer to Bring Assistance to Minneapolis Police Department to Support Law Enforcement and Safe Communities Through Fair Policing
    In Crime News
    The Justice Department, in an announcement by Assistant Attorney General for the Civil Rights Division Eric S. Dreiband, Principal Deputy Assistant Attorney General of the Office of Justice Programs (OJP) Katharine T. Sullivan, and U.S. Attorney for the District of Minnesota Erica H. MacDonald, unveiled a new National Response Center Initiative and offered the assistance to the Minneapolis Police Department (MPD) to support law enforcement, and review, enhance and reform policies and practices to prevent the use of excessive force. The BJA Law Enforcement Training and Technical Assistance Response Center will be a national resource for all state, local, and tribal law enforcement agencies.
    [Read More…]
  • Robstown man gets huge sentence for sexual exploitation of a child
    In Justice News
    A 53-year-old local man [Read More…]
  • Justice Department Files Race Discrimination Lawsuit Against Housing Authority in Oklahoma
    In Crime News
    The Justice Department announced today that it has filed a lawsuit alleging that the Housing Authority of the Town of Lone Wolf, Oklahoma, along with its former employees, David Haynes and Myrna Hess, violated the Fair Housing Act and Title VI of the Civil Rights Act of 1964 when they denied housing to an African-American applicant and her young child because of their race. 
    [Read More…]
  • NASA Telescope Named for ‘Mother of Hubble’ Nancy Grace Roman
    In Space
    At the agency’s [Read More…]
  • South African Freedom Day
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • Accountability for the Murder of Jamal Khashoggi
    In Crime Control and Security News
    Antony J. Blinken, [Read More…]
  • U.S.-Sudan Signing Ceremony on Bilateral Claims Agreement
    In Crime Control and Security News
    Cale Brown, Deputy [Read More…]
  • Disaster Recovery: COVID-19 Pandemic Intensifies Disaster Recovery Challenges for K-12 Schools
    In U.S GAO News
    Local education officials in natural disaster-affected areas told us the Coronavirus Disease 2019 (COVID-19) pandemic has exacerbated mental health issues and contributed to lost instructional time, staff burnout, delays in recovery projects, and financial strain in their communities. These officials explained that after the natural disaster, restoring students' mental health was a top priority. Many local education officials said that the services needed to treat trauma and other disaster-related mental health issues were not readily available in their areas, and some noted that providing mental health services has been especially difficult during the pandemic. For example, one official said that because half of her students live in poverty, they usually access mental health services through the school, and were cut off from those services during the pandemic. Some local education officials said they were also particularly worried about the effects of the pandemic on their low-income and other at-risk students, noting that these students are especially vulnerable to learning loss. The COVID-19 pandemic has also affected districts by slowing progress on some disaster recovery projects. For example, an official in a district affected by wildfire said that an effort to restore running water to damaged school buildings was delayed due the pandemic. The U.S. Department of Education (Education) supported school recovery efforts by awarding nearly $1.4 billion to assist schools in over 30 states and U.S. territories with recovery from presidentially-declared major disasters occurring between 2017 and 2019, although some local education officials reported difficulty in using these grant funds during the pandemic. Education provided this funding through the Immediate Aid to Restart School Operations (Restart) and the Project School Emergency Response to Violence grant programs, among others. Local education officials from several districts and counties said that they are using or planning to use Education disaster grants to provide mental health services to students and cover other costs associated with re-opening, such as additional transportation services, but that during the pandemic this was sometimes challenging. For example, officials in two counties said that timeframes for using Restart funds, which expire after 2 years, were too short for long-term recovery needs such as mental health services, particularly with the compounding effects of the pandemic. Education officials said that grantees may request waivers to extend the end dates of these grants and that as of October 2020, no Restart grantees who experienced a 2018 disaster had done so. With regard to oversight, Education officials said they paused on-site monitoring efforts for recent disaster grants as a result of the pandemic, but have continued to hold quarterly phone calls with Restart grantees. These grantees have noted some challenges related to the grant program but have not discussed specific technical assistance needs, according to Education officials. More than 260 presidentially-declared major disasters have occurred since 2017, affecting every state and several U.S. territories, according to the Federal Emergency Management Agency (FEMA). Many of these natural disasters have had devastating effects, including rendering K-12 school facilities unusable for lengthy periods of time. These schools are now experiencing the compounding challenge of recovering from natural disasters while managing effects of the COVID-19 pandemic. Social distancing practices and building closures are meant to keep staff and students safe, but may also complicate recovery efforts for disaster-affected districts. The Additional Supplemental Appropriations for Disaster Relief Act of 2019 provided funds for GAO to audit issues related to presidentially-declared major disasters that occurred in 2018. We reviewed (1) how the COVID-19 pandemic has affected schools recovering from recent natural disasters; and (2) support Education has provided to help school recover from recent natural disasters and how the COVID-19 pandemic has affected schools' use of these resources. We interviewed 29 local education officials representing over 50 school districts in California, Commonwealth of the Northern Mariana Islands, Florida, and Hawaii, which were selected because they were affected by a diverse set of major natural disasters in 2018 that occurred in a mix of populated and less-populated areas. In addition, through a national school superintendents association, we convened a discussion group of superintendents who have experienced natural disasters and mentor other affected districts. Finally, we reviewed federal guidance and interviewed Education officials. For more information, contact Jacqueline M. Nowicki at (617) 788-0580 or nowickij@gao.gov.
    [Read More…]
  • How NASA’s Perseverance Mars Team Has Adjusted to Work in the Time of Coronavirus
    In Space
    Like much of the rest of [Read More…]
  • United States Hosts Indo-Pacific Virtual Conference on Strengthening Governance of Transboundary Rivers
    In Crime Control and Security News
    Office of the [Read More…]
  • Deputy Secretary Biegun’s Call with Minister Kyaw Tin of Burma
    In Crime Control and Security News
    Office of the [Read More…]
  • Secretary Michael R. Pompeo With Tony Perkins of Value Voters Summit
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Medical Device Maker Merit Medical To Pay $18 Million To Settle Allegations Of Improper Payments To Physicians
    In Crime News
    Medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, has agreed to pay $18 million to resolve allegations that the company caused the submission of false claims to the Medicare, Medicaid, and TRICARE programs by paying kickbacks to physicians and hospitals to induce the use of MMSI products, the Department of Justice announced today. 
    [Read More…]
  • Cameroonian Operator Charged in Fraudulent Online “Puppy Scam” that Exploited the COVID-19 Pandemic
    In Crime News
    A criminal complaint unsealed Friday in federal court in Pittsburgh charges Desmond Fodje Bobga for his alleged involvement in a puppy fraud scheme perpetrated against American consumers.  Fodje Bobga, 27, is a citizen of Cameroon who is in Romania on a visa to attend a university there. 
    [Read More…]
  • Secretary Michael R. Pompeo With Mark Levin of The Mark Levin Show
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Ex-law enforcement officer sent to prison for transporting purported drug money
    In Justice News
    A former deputy [Read More…]
  • Romania National Day
    In Crime Control and Security News
    Michael R. Pompeo, [Read More…]
  • Local man sentenced for smuggling 35 people in hot trailer
    In Justice News
    A 52-year-old Laredo [Read More…]