Indiana Man Pleads Guilty to Distributing Pesticides

An Indiana man who distributed unregistered pesticides to the tenants and managers of an apartment building he owned has pleaded guilty to three counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Cai Feng Yang, aka Kevin Yang, 41, of La Porte, Indiana, pleaded guilty today before U.S. Magistrate Judge John E. Martin in the Northern District of Indiana.  Sentencing has been scheduled for Oct. 27, 2020.

According to court records, during trips to China in September 2015 and January 2016, Yang purchased multiple boxes of unregistered pesticides labeled “cockroach killer bait” and “cockroach gum bait,” as well as several small unlabeled bottles of liquid pesticide containing the active ingredient dichlorvos.  Yang transported these pesticides to the United States in his checked luggage with the intent to use them in his La Porte apartment buildings to exterminate cockroaches and bed bugs.  None of these pesticides were registered with the EPA as required by FIFRA.  For that reason, Yang was obligated to submit a Notice of Arrival (NoA) prior to importing these products into the United States, which he failed to do.  He also failed to declare this merchandise to Customs upon his return to the United States. 

After returning from China, Yang distributed the vials of granular cockroach killer bait and the syringes of gelatinous cockroach gum bait to tenants renting apartments at 701 Maple St. and 606 Tipton Street.  Yang also provided his part-time assistant building managers at 701 Maple Street an unlabeled bottle of pesticide containing dichlorvos to be applied in apartments to kill bed bugs.  On several occasions, Yang applied the liquid pesticide in tenants’ apartments himself.

This case was investigated by the EPA-Criminal Investigation Division with assistance from the Office of Indiana State Chemist.

Trial Counsel R.J. Powers of the Environment and Natural Resources Division’s Environmental Crimes Section, Assistant U.S. Attorney Toi Denise Houston, Northern District of Indiana and Regional Criminal Enforcement Counsel David Mucha are prosecuting the case.

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.

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    What GAO Found Passengers with disabilities face infrastructure, information, and customer service barriers at U.S. airports, according to representatives of selected airports, disability advocacy organizations, as well as a review of relevant literature. Infrastructure barriers can include complex terminal layouts and long distances between gates and can be difficult for some to navigate. Essential travel information is not always available in a format accessible to all. For example, a person with hearing loss could miss crucial gate information that is solely provided over a loudspeaker. A passenger might not receive appropriately sensitive service, such as wheelchair assistance, at the airport, although the service provided is required by the Air Carrier Access Act of 1986 (ACAA) regulations. According to stakeholders, while no solution meets all needs, a number of practices can help reduce or eliminate some of these barriers to equal access at airports. For example, some selected airports use external disability community and passenger groups to proactively engage in identifying barriers and develop solutions. Other airports have implemented technology-based solutions, such as mobile phone applications to make airport navigation easier. Examples of Stakeholder-Identified Features to Assist Airport Passengers with Disabilities The Office of Aviation Consumer Protection within the Department of Transportation (DOT) is responsible for oversight of airlines' compliance with the ACAA. In 2008, DOT updated its entire ACAA regulation, including adding new training requirements for airline personnel, such as requiring training to be recurrent. Following this update, DOT conducted outreach to domestic and foreign airlines on the changes and reviewed airlines' disability training sessions and materials. Agency officials said that in recent years, DOT has conducted reviews of airlines' training only when passengers' complaints indicate a possible problem, as officials' analyses have not shown training generally to be a significant cause of service violations. DOT officials and stakeholders said other factors, such as limited availability of staff to assist passengers with disabilities, at times may affect the service passengers with disabilities receive. DOT is assessing some of these factors through the statutorily mandated ACAA Advisory Committee, formed in late 2019 to make recommendations to improve accessibility to air travel. The committee met in 2020, established three subcommittees, and plans to reconvene by summer 2021. Why GAO Did This Study Approximately 43 million people in the United States have some type of disability, which may affect mobility, vision, hearing, and cognition. Without accessible airport facilities and accommodations—such as appropriate assistance from the check-in counter to the gate, or effective communication of flight information—air travel for people with disabilities can be extremely challenging. The FAA Reauthorization Act of 2018 includes provisions for GAO to review leading airport accessibility practices for passengers with disabilities, as well as required training for airline and contract service personnel who assist these passengers within the airport. This report examines, among other objectives: stakeholder-identified barriers that passengers with disabilities face when accessing airport facilities, accessibility practices to assist passengers with disabilities, as well as how DOT has overseen airlines' disability-related training. GAO reviewed relevant federal laws, regulations, DOT documents, literature, as well as information describing disability training provided by selected airlines and contractors. GAO interviewed a non-generalizable sample of stakeholders, including those at 16 U.S. airports selected based on size and geography, eight large and low-cost domestic airlines selected based on the greatest number of disability-related passenger complaints and enplanements, and six aviation service contractors working for those airlines. GAO also conducted interviews with DOT officials and 10 disability advocacy organizations, among others. For more information, contact Heather Krause at (202) 512-2834 or krauseh@gao.gov.
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  • The Department of Justice Alleges Conditions at Cumberland County Jail Violate the Constitution
    In Crime News
    Today, the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey concluded that there is reasonable cause to believe that the conditions at the Cumberland County Jail in Bridgeton, New Jersey violate the Eighth and Fourteenth Amendments of the Constitution.
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  • Medicare and Medicaid: COVID-19 Program Flexibilities and Considerations for Their Continuation
    In U.S GAO News
    What GAO Found In response to the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS), the federal agency responsible for overseeing Medicare and Medicaid, made widespread use of program waivers and other flexibilities to expand beneficiary access to care. Some preliminary information is available on the effects of these waivers. Specifically: Medicare. CMS issued over 200 waivers and cited some of their benefits in a January 2021 report. For example, CMS reported that: Expansion of hospital capacity. More than 100 new facilities were added through the waivers that permitted hospitals to provide care in non-hospital settings, including beneficiaries' homes. Workforce expansion. Waivers and other flexibilities that relaxed certain provider enrollment requirements and allowed certain nonphysicians, such as nurse practitioners, to provide additional services expanded the provider workforce. Telehealth waivers. Utilization of telehealth services—certain services that are normally provided in-person but can also be provided using audio and audio-video technology—increased sharply. For example, utilization increased from a weekly average of about 325,000 services in mid-March to peak at about 1.9 million in mid-April 2020. Medicaid. CMS approved more than 600 waivers or other flexibilities aimed at addressing obstacles to beneficiary care, provider availability, and program enrollment. GAO has reported certain flexibilities such as telehealth as critical in reducing obstacles to care. Examples of other flexibilities included: Forty-three states suspended fee-for-service prior authorizations, which help ensure compliance with coverage and payment rules before beneficiaries can obtain certain services. Fifty states and the District of Columbia waived certain provider screening and enrollment requirements, such as criminal background checks. While likely benefitting beneficiaries and providers, these program flexibilities also increase certain risks to the Medicare and Medicaid programs and raise considerations for their continuation beyond the pandemic. For example: Increased spending. Telehealth waivers can increase spending in both programs, if telehealth services are furnished in addition to in-person services. Program integrity. The suspension of some program safeguards has increased the risks of fraud, waste, and abuse that GAO previously noted in its High-Risk report series. Beneficiary health and safety. Although telehealth has enabled the safe provision of services, the quality of telehealth services has not been fully analyzed. Why GAO Did This Study Medicare and Medicaid—two federally financed health insurance programs—spent over $1.5 trillion on health care services provided to about 140 million beneficiaries in 2020. Recognizing the critical role of these programs in providing health care services to millions of Americans, the federal government has provided for increased funding and program flexibilities, including waivers of certain federal requirements, in response to the COVID-19 pandemic. The CARES Act includes a provision for GAO to conduct monitoring and oversight of the federal government's response to the COVID-19 pandemic. In response, GAO has issued a series of government-wide reports from June 2020 through March 2021. GAO is continuing to monitor and report on these services. This testimony summarizes GAO's findings from these reports related to Medicare and Medicaid flexibilities during the COVID-19 pandemic, as well as preliminary observations from ongoing work related to telehealth waivers in both programs. Specifically, the statement focuses on what is known about the effects of these waivers and flexibilities on Medicare and Medicaid, and considerations regarding their ongoing use. To conduct this work, GAO reviewed federal laws, CMS documents and guidance, and interviewed federal and state officials. GAO also interviewed six provider and beneficiary groups, selected based on their experience with telehealth services. GAO obtained technical comments from CMS and incorporated them as appropriate. For more information, contact Jessica Farb at (202) 512-7114 or farbj@gao.gov or Carolyn L. Yocom at (202) 512-7114 or yocomc@gao.gov.
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  • Justice Department Settles With Texas Based Furniture and Appliances Chain for Charging Servicemembers Excess Interest
    In Crime News
    The Justice Department reached an agreement today with Conn Credit I, LP, Conn Appliances, Inc., and Conn’s, Inc. (“Conn’s”), to resolve allegations that they violated the Servicemembers Civil Relief Act (“SCRA”) by charging at least 184 servicemembers excess interest on their purchases. 
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  • Information Technology: DHS Directives Have Strengthened Federal Cybersecurity, but Improvements Are Needed
    In U.S GAO News
    What GAO Found The Department of Homeland Security (DHS) has established a five-step process for developing and overseeing the implementation of binding operational directives, as authorized by the Federal Information Security Modernization Act of 2014 (FISMA). The process includes DHS coordinating with stakeholders early in the directives' development process and validating agencies' actions on the directives. However, in implementing the process, DHS did not coordinate with stakeholders early in the process and did not consistently validate agencies' self-reported actions. In addition to being a required step in the directives process, FISMA requires DHS to coordinate with the National Institute of Standards and Technology (NIST) to ensure that the directives do not conflict with existing NIST guidance for federal agencies. However, NIST officials told GAO that DHS often did not reach out to NIST on directives until 1 to 2 weeks before the directives were to be issued, and then did not always incorporate the NIST technical comments. More recently, DHS and NIST have started regular coordination meetings to discuss directive-related issues earlier in the process. Regarding validation of agency actions, DHS has done so for selected directives, but not for others. DHS is not well-positioned to validate all directives because it lacks a risk-based approach as well as a strategy to check selected agency-reported actions to validate their completion. Directives' implementation often has been effective in strengthening federal cybersecurity. For example, a 2015 directive on critical vulnerability mitigation required agencies to address critical vulnerabilities discovered by DHS cyber scans of agencies' internet-accessible systems within 30 days. This was a new requirement for federal agencies. While agencies did not always meet the 30-day requirement, their mitigations were validated by DHS and reached 87 percent compliance by 2017 (see fig. 1). DHS officials attributed the recent decline in percentage completion to a 35-day partial government shutdown in late 2018/early 2019. Nevertheless, for the 4-year period shown in the figure below, agencies mitigated within 30 days about 2,500 of the 3,600 vulnerabilities identified. Figure 1: Critical Vulnerabilities Mitigated within 30 days, May 21, 2015 through May 20, 2019 Agencies also made reported improvements in securing or replacing vulnerable network infrastructure devices. Specifically, a 2016 directive on the Threat to Network Infrastructure Devices addressed, among other things, several urgent vulnerabilities in the targeting of firewalls across federal networks and provided technical mitigation solutions. As shown in figure 2, in response to the directive, agencies reported progress in mitigating risks to more than 11,000 devices as of October 2018. Figure 2: Federal Civilian Agency Vulnerable Network Infrastructure Devices That Had Not Been Mitigated, September 2016 through January 2019 Another key DHS directive is Securing High Value Assets, an initiative to protect the government's most critical information and system assets. According to this directive, DHS is to lead in-depth assessments of federal agencies' most essential identified high value assets. However, an important performance metric for addressing vulnerabilities identified by these assessments does not account for agencies submitting remediation plans in cases where weaknesses cannot be fully addressed within 30 days. Further, DHS only completed about half of the required assessments for the most recent 2 years (61 of 142 for fiscal year 2018, and 73 of 142 required assessments for fiscal year 2019 (see fig. 3)). In addition, DHS does not plan to finalize guidance to agencies and third parties, such as contractors or agency independent assessors, for conducting reviews of additional high value assets that are considered significant, but are not included in DHS's current review, until the end of fiscal year 2020. Given these shortcomings, DHS is now reassessing key aspects of the program. However, it does not have a schedule or plan for completing this reassessment, or to address outstanding issues on completing required assessments, identifying needed resources, and finalizing guidance to agencies and third parties. Figure 3: Department of Homeland Security Assessments of Agency High Value Assets, Fiscal Years (FY) 2018 through 2019 Why GAO Did This Study DHS plays a key role in federal cybersecurity. FISMA authorized DHS, in consultation with the Office of Management and Budget, to develop and oversee the implementation of compulsory directives—referred to as binding operational directives—covering executive branch civilian agencies. These directives require agencies to safeguard federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk. Since 2015, DHS has issued eight directives that instructed agencies to, among other things, (1) mitigate critical vulnerabilities discovered by DHS through its scanning of agencies' internet-accessible systems; (2) address urgent vulnerabilities in network infrastructure devices identified by DHS; and (3) better secure the government's highest value and most critical information and system assets. GAO was requested to evaluate DHS's binding operational directives. This report addresses (1) DHS's process for developing and overseeing the implementation of binding operational directives and (2) the effectiveness of the directives, including agencies' implementation of the directive requirements. GAO selected for review the five directives that were in effect as of December 2018, and randomly selected for further in-depth review a sample of 12 agencies from the executive branch civilian agencies to which the directives apply. In addition, GAO reviewed DHS policies and processes related to the directives and assessed them against FISMA and Office of Management and Budget requirements; administered a data collection instrument to selected federal agencies; compared the agencies' responses and supporting documentation to the requirements outlined in the five directives; and collected and analyzed DHS's government-wide scanning data on government-wide implementation of the directives. GAO also interviewed DHS and selected agency officials.
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    In Crime Control and Security News
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  • Nevada Bottled Water Companies and Owners Ordered to Stop Distributing Adulterated and Misbranded Water Products
    In Crime News
    A federal court permanently enjoined a Henderson, Nevada, company from preparing, processing, and distributing adulterated and misbranded bottled water.
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    In U.S GAO News
    This is Sam's Test Record for Drupal Testing.
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  • Science & Tech Spotlight: Tracing the Source of Chemical Weapons
    In U.S GAO News
    Why This Matters Some governments are suspected of using chemical weapons despite international prohibitions under the Chemical Weapons Convention. For example, sarin and VX nerve gas have been identified in attacks. Most recently, Novichok nerve agent was used in 2020. Technologies exist to identify chemical warfare agents and possibly their sources, but challenges remain in identifying the person or entity responsible. The Technology What is it? According to the Global Public Policy Institute, there have been more than 330 chemical weapons attacks since 2012. Such attacks are prohibited under the Chemical Weapons Convention. A set of methods called forensic chemical attribution has the potential to trace the chemical agent used in such attacks to a source. A set of methods called forensic chemical attribution has the potential to trace the chemical agent used in such attacks to a source. For example, investigators could use these methods to identify the geographic sources of raw materials used to make the agent, for example, or to identify the manufacturing process Such information can aid leaders in deciding on whether or how to respond to a chemical weapons attack. Figure 1. Forensic chemical attribution process How does it work? Forensic chemical attribution is a three-step process, though the third step is being developed (see Fig. 1). First, a sample is taken from a victim or the site of an attack. Second, the sample's chemical components are analyzed and identified (see Fig. 2), either at a mobile lab or at one of 18 authorized biomedical labs worldwide. Common identification methods are: Gas chromatography, which separates chemical components of a mixture and quantifies the amount of each chemical. Mass spectrometry, which measures the mass-to-charge ratio of ions (i.e., charged particles) by converting molecules to ions and separating the ions based on their molecular weight. Nuclear magnetic resonance (NMR), which can determine the structure of a molecule by measuring the interaction between atomic nuclei placed in a magnetic field and exposing it to radio waves. NMR works on is the same principle as magnetic resonance imaging (MRI) used in medical diagnostics. In the third step—still under development—investigators use the data from the forensic chemical identification and analysis and identification methods from step two to develop a "chemical fingerprint." The fingerprint can be matched to a database of information on existing methods or known sources to identify chemical agents (i.e., Source A matching Sample 1 of Fig. 2). However, a comprehensive database containing complete, reliable data for known agents does not exist. How mature is it? Forensic chemical analysis and identification (i.e., Step 2 of Fig.1) is mature for known chemical agents. For example, investigators determined the nerve agent sarin was used in an attack on civilians in 2017. The methods can also identify new agents, as when investigators determined the chemical composition of the Novichok nerve agent after its first known use, in 2018. Forensic chemical analysis and identification methods are also mature enough to generate data that investigators could use as a "chemical fingerprint"– that is, a unique chemical signature that could be used in part to attribute a chemical weapon to a person or entity. For example, combining gas chromatography and mass spectrometry can provide reliable information about the chemical components and molecular weight of an agent. To achieve Step 3, scientists could use this these methods in a laboratory experiment to match impurities in chemical feedstocks of the weapon to potentially determine who made it. In an investigation, such impurities could indicate the geographic origin of the starting material and the process used to create the agent. Figure 2. Example of forensic chemical identification and analysis, showing a match between Sample 1 and Source A. Opportunities An effective international system for forensic chemical attribution can open up several opportunities, including: Defense. Knowing the source of a chemical agent could help nations better defend against future attacks and, when appropriate, take military action in response to an attack.  Legal response. Source attribution may provide information to help find and prosecute attackers or to impose sanctions. Deterrence. The ability to trace chemical agents to a source might deter future use of chemical weapons.  Challenges Chemical database. Creating a comprehensive international database of chemical fingerprints would require funding and international collaboration to sample chemicals from around the world. Finding perpetrators. Matching a chemical to its sources does not reveal who actually used it in an attack. Almost all investigations require additional evidence. Samples. Collecting a sufficient sample for attribution can be challenging, as can storing and transporting it using a secure chain of custody—potentially over great distance—to one of the 18 authorized biomedical labs worldwide. International cooperation. Lack of cooperation can delay investigations and may compromise sample quality.  Cooperation is also essential for creating an international database. Standardization. Attribution methods are complex and require standardized, internationally accepted protocols to ensure results are reliable and trusted. Such protocols do not yet exist for attributing a chemical weapons attack. Policy Context and Questions The following questions are relevant to building an effective, trusted system for tracing attacks using forensic chemical attribution: How can federal agencies promote and contribute to the international standardization of scientific methods for forensic chemical attribution? Which agency or agencies should lead this effort? How can the international community create and implement a framework for cooperation and trust in forensic chemical attribution? What actions could promote or incentivize creation of an internationally accepted database of unique chemical fingerprints for attributing chemical agents to their sources? What can be done to fully identify and address the scientific and technological gaps in current capabilities for attributing a chemical agent to its source? For more information, contact Karen Howard at (202) 512-6888 or HowardK@gao.gov.
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