Justice Department Applauds Passage of the Criminal Antitrust Anti-Retaliation Act

On Dec. 23, 2020, President Donald J. Trump signed into law the Criminal Antitrust Anti-Retaliation Act (the “Act”), which prohibits employers from retaliating against certain individuals who report criminal antitrust violations.  The Act was sponsored by Senator Chuck Grassley, passed the Senate on Oct. 17, 2019, and passed the House of Representatives on Dec. 8, 2020. 

“We thank the President, the Senate, and the House of Representatives for their bipartisan commitment to criminal antitrust enforcement,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division.  “By incentivizing disclosures of anticompetitive conduct, the Act will strengthen the Antitrust Division’s criminal enforcement program, a cornerstone of our mission to protect the American consumer.”

The Act supplements a range of recent initiatives designed to support the detection, investigation, and prosecution of criminal antitrust violations.  Last month, the Antitrust Division celebrated the one-year anniversary of the Procurement Collusion Strike Force with the addition of 11 new national partners.  The Procurement Collusion Strike Force is a coordinated national response to combat antitrust and related schemes in government procurement, grant, and program funding at all levels of government.  In October 2020, the division applauded President Trump’s authorization of the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act, which had been supported by the department.  In July 2019, the division announced a new policy designed to incentivize corporate compliance with the antitrust laws.   

From Fiscal Year 2010 to 2019, the Antitrust Division’s criminal prosecutions have resulted in over $9 billion in criminal fines and penalties, along with jail terms for more than 250 individuals.  Since the fall of 2019 alone, courts have imposed four criminal fines and penalties at or above the Sherman Act’s $100 million statutory maximum, and the division has prosecuted antitrust violations affecting generic drugs, cancer patients, grocery store staples, and financial markets.

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    A Pennsylvania man has been indicted in the Western District of Pennsylvania for violating the Lacey Act.
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  • Justice Department Settles Sex Discrimination Lawsuit Alleging Disparate Treatment Against Female Correctional Officers by the Michigan Department of Corrections
    In Crime News
    The Justice Department today announced that it has reached a settlement, through a court-supervised settlement agreement, with the State of Michigan and the Michigan Department of Corrections (MDOC) to resolve a sex discrimination lawsuit brought by the United States of America.
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  • Offshore Wind Energy: Planned Projects May Lead to Construction of New Vessels in the U.S., but Industry Has Made Few Decisions amid Uncertainties
    In U.S GAO News
    Under the Jones Act, vessels carrying merchandise between two points in the U.S. must be built and registered in the United States. Developers are planning a number of offshore wind projects along the U.S. east coast, where many states have set targets for offshore wind energy production. Stakeholders described two approaches to using vessels to install offshore wind energy projects in the U.S. Either approach may lead to the construction of new vessels that comply with the Jones Act. Under one approach, a Jones Act-compliant wind turbine installation vessel (WTIV) would carry components from a U.S. port to the site and also install the turbines. WTIVs have a large deck, legs that allow the vessel to lift out of the water, and a tall crane to lift and place turbines. Stakeholders told GAO there are currently no Jones Act-compliant vessels capable of serving as a WTIV. One company, however, has announced a plan to build one. Under the second approach, a foreign-flag WTIV would install the turbines with components carried to the site from U.S. ports by Jones Act-compliant feeder vessels (see figure). While some potential feeder vessels exist, stakeholders said larger ones would probably need to be built to handle the large turbines developers would likely use. Example of an Offshore Wind Installation in U.S. Waters Using a Foreign-Flag Installation Vessel and Jones Act-Compliant Feeder Vessels Stakeholders identified multiple challenges—which some federal programs address—associated with constructing and using Jones Act-compliant vessels for offshore wind installations. For example, stakeholders said that obtaining investments in Jones Act-compliant WTIVs—which may cost up to $500 million—has been challenging, in part due to uncertainty about the timing of federal approval for projects. According to officials at the Department of the Interior, which is responsible for approving offshore wind projects, the Department plans to issue a decision on the nation's first large-scale offshore wind project in December 2020. Some stakeholders said that if this project is approved, investors may be more willing to move forward with vessel investments. While stakeholders also said port infrastructure limitations could pose challenges to using Jones Act-compliant vessels for offshore wind, offshore wind developers and state agencies have committed to make port investments. Offshore wind, a significant potential source of energy in the United States, requires a number of oceangoing vessels for installation and other tasks. Depending on the use, these vessels may need to comply with the Jones Act. Because Jones Act-compliant vessels are generally more expensive to build and operate than foreign-flag vessels, using such vessels may increase the costs of offshore wind projects. Building such vessels may also lead to some economic benefits for the maritime industry. A provision was included in statute for GAO to review offshore wind vessels. This report examines (1) approaches to use of vessels that developers are considering for offshore wind, consistent with Jones Act requirements, and the extent to which such vessels exist, and (2) the challenges industry stakeholders have identified associated with constructing and using such vessels to support U.S. offshore wind, and the actions federal agencies have taken to address these challenges. GAO analyzed information on vessels that could support offshore wind, reviewed relevant laws and studies, and interviewed officials from federal agencies and industry stakeholders selected based on their involvement in ongoing projects and recommendations from others. For more information, contact Andrew Von Ah at (202) 512-2834 or vonaha@gao.gov.
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  • G7 Foreign Ministers’ Statement on Arrest and Detention of Alexey Navalny
    In Crime Control and Security News
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  • Engineering Firm And Its Former Executive Indicted On Antitrust And Fraud Charges
    In Crime News
    A federal grand jury in Raleigh, North Carolina returned an indictment charging Contech Engineered Solutions LLC and Brent Brewbaker, a former executive at the company, for participating in long-standing conspiracies to rig bids and defraud the North Carolina Department of Transportation (NC DOT), the Department of Justice announced.
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  • Sentinel-6 Michael Freilich Satellite Prepared for Launch
    In Space
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  • Quantadyn Corporation And Owner Settle False Claims Act Allegations of Bribery To Obtain Government Contracts For Simulators
    In Crime News
    The Department of Justice announced today that QuantaDyn Corporation (QuantaDyn), headquartered in Ashburn, Virginia, has agreed to resolve civil claims arising from allegations that it engaged in a bribery scheme to steer government contracts for training simulators to the company, as part of a broader settlement that includes a guilty plea by the company.  As part of the plea agreement, QuantaDyn has agreed to pay $37,757,713.91 in restitution, which also will resolve the company’s civil False Claims Act liability for the scheme.  William T. Dunn Jr., the majority owner, President, and Chief Executive Officer of QuantaDyn, has separately paid $500,000 to resolve his personal False Claims Act liability. 
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  • Facial Recognition Technology: Privacy and Accuracy Issues Related to Commercial Uses
    In U.S GAO News
    Market research and other data suggest that the market for facial recognition technology has increased in the number and types of businesses that use it since GAO's 2015 report on the topic (GAO-15-621 ). For example, newer functions of the technology identified by stakeholders and literature included authorizing payments and tracking and monitoring attendance of students, employees, or those attending events. Functions of Facial Recognition Technology Accuracy. Although the accuracy of facial recognition technology has increased dramatically in recent years, differences in performance exist for certain demographic groups. National Institute of Standards and Technology tests found that facial recognition technology generally performs better on lighter-skin men and worse on darker-skin women, and does not perform as well on children and elderly adults. These differences could result in more frequent misidentification for certain demographics, such as misidentifying a shopper as a shoplifter when comparing the individual's image against a data set of known shoplifters. There is no consensus on what causes performance differences, including physical factors (such as lighting) or factors related to the creation or operation of the technology. However, stakeholders and literature identified various methods that could help mitigate differences in performance among demographic groups. Privacy. Stakeholders and literature identified concerns related to privacy, such as the inability of individuals to remain anonymous in public or the use of the technology without individuals' consent. Facial recognition technology may collect or store facial images, posing varying levels of risk. Some federal and state laws and the European Union's General Data Protection Regulation impose requirements on U.S. companies related to facial recognition technology. However, as we reported in 2015, there is no comprehensive federal privacy law governing the collection, use, and sale of personal information by private-sector companies. Some stakeholders, including privacy and industry groups, have developed voluntary frameworks that seek to address privacy concerns. Most of these frameworks were consistent with internationally recognized principles for protecting the privacy and security of personal information. However, U.S. companies are not required to follow these voluntary frameworks. Facial recognition technology can verify or identify an individual from a facial image. Advocacy groups and others have raised privacy concerns related to private companies' use of the technology, as well as concerns that higher error rates among some demographic groups could lead to disparate treatment. GAO was asked to review the commercial use of facial recognition technology and related accuracy and privacy issues. Among other issues, this report examines how companies use the technology, its accuracy and how accuracy differs across demographic groups, and how privacy issues are addressed in laws and industry practices. GAO analyzed laws; reviewed literature and company documentation; interviewed federal agency officials; and interviewed representatives from companies, industry groups, and privacy groups. GAO also reviewed selected privacy frameworks, chosen based on expert recommendations and research. GAO reiterates its previous suggestion from a 2013 report ( GAO-13-663 ) that Congress consider strengthening the consumer privacy framework to reflect changes in technology and the marketplace. For more information, contact Alicia Puente Cackley at (202) 512-8678 or cackleya@gao.gov.
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  • U.S. Delegation to the 63rd UN Commission on Narcotic Drugs in Vienna, Austria
    In Crime Control and Security News
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    In Crime Control and Security News
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    In Crime Control and Security News
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  • Department of Justice Announces Arrests in Conspiracy and Dog Fighting Ring Investigation
    In Crime News
    An indictment was unsealed today charging 11 individuals on a 136-count federal indictment including violations of drug conspiracy, drug possession, and drug possession with the intent to distribute, and violations of the dog fighting prohibitions of the federal Animal Welfare Act, and conspiracy to commit the same.
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  • Justice Department Settles with Minnesota-Based Company to Resolve Discrimination Claims Under the Immigration and Nationality Act
    In Crime News
    The Department of Justice announced today that it reached a settlement with WinCraft, Incorporated (WinCraft), a Minnesota-based sports manufacturing company with locations in Iowa, Florida, and Washington. The settlement resolves claims that WinCraft violated the Immigration and Nationality Act (INA) by requiring lawful permanent residents to provide specific work authorization documentation without any legal justification because of their immigration status. 
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  • Breaking Barriers: The NHL’s Willie O’Ree, Documentary Film & Global Discussion on Racial Equality
    In Crime Control and Security News
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  • Attorney General William P. Barr Announces Publication of Cryptocurrency Enforcement Framework
    In Crime News
    Attorney General William P. Barr announced today the release of “Cryptocurrency: An Enforcement Framework,” a publication produced by the Attorney General’s Cyber-Digital Task Force.  The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the increasing prevalence and use of cryptocurrency; details the important relationships that the Department of Justice has built with regulatory and enforcement partners both within the United States government and around the world; and outlines the Department’s response strategies. 
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  • Long Island Car Wash Owner Pleads Guilty to Tax Evasion
    In Crime News
    A Coram, New York, car wash owner pleaded guilty today to tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Seth D. DuCharme for the Eastern District of New York. According to court documents and statements made in court, Nicholas Pascullo, 56, operated a car wash and detailing business called H2O Car Wash & Exotic Detailing LLC (H2O), based in Lindenhurst, New York. From 2012 to 2017, Pascullo attempted to evade income and employment taxes owed by him and H2O for calendar years 2012 through 2016. As part of the scheme, Pascullo filed false partnership and individual income tax returns with the IRS that underreported the gross receipts earned by H2O and the flow-through income received by Pascullo and his partners.
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