Two Companies and Nine Individuals Indicted for Alleged Large-Scale Visa Fraud Employment Scheme

An indictment returned by a federal grand jury in the Southern District of Georgia has been unsealed charging two businesses and nine of their officers and managers located across the country for their roles in an alleged conspiracy to defraud the U.S. government and commit various fraud and criminal immigration offenses for profit.

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    In U.S GAO News
    Policies on the use of borrowed military personnel vary among military services. Borrowed military personnel refers to military personnel used for duties outside their assigned positions, such as security protection. DOD policy acknowledges that there may be instances in which military personnel can be used to appropriately satisfy a near-term demand but that DOD must be vigilant in ensuring that military personnel are not inappropriately utilized, particularly in a manner that may degrade readiness. Additionally, the Army and the Marine Corps have their own policies that describes how military personnel may be used on a temporary basis. DOD and the Army, Navy, and Air Force do not centrally track their use of borrowed military personnel, nor do they assess any impacts of that use on the readiness of units and personnel to accomplish their assigned missions. According to DOD and Army officials, the relatively limited use of borrowed military manpower, their limited impacts on readiness, and the existence of other readiness reporting mechanisms serve to obviate the need to collect and analyze this information centrally—especially given the resources that would be required to establish and maintain such a reporting process. The House Armed Services Committee has questioned whether DOD continues to divert servicemembers from their unit assignments to perform nonmilitary functions that could be performed by civilian employees. House Report 116-120, accompanying a bill for the National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to assess the levels and impacts of borrowed military personnel. This report examines DOD's and the military services' policies on the use of borrowed military personnel, the tracking and reporting of their use of borrowed military personnel, and any impacts of that use on readiness. For more information, contact Cary Russell at (202)512-5431 or RussellC@gao.gov.
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    In U.S GAO News
    During fiscal years 2018 and 2019, the Department of Housing and Urban Development (HUD) obligated about $421 million through two grant programs to state and local governments to help identify and control lead paint hazards in housing for low-income households. HUD also issued guidelines for evaluating and controlling lead paint hazards, generally encouraging abatement (such as replacing building components containing lead) as the preferred long-term solution. HUD has supported research on lead paint hazard control and provided education and outreach to public housing agencies, property owners, and the public through publications and training events. HUD monitors lead paint-related risks in its Project-Based Rental Assistance Program, one of HUD's three largest rental assistance programs, through management reviews and periodic physical inspections, but has not conducted a comprehensive risk assessment to identify properties posing the greatest risk to children under the age of 6. HUD's management reviews include assessing property owners' compliance with lead paint regulations—such as by reviewing lead disclosure forms, records of lead inspections, and plans to address lead paint hazards. Inspectors from HUD's Real Estate Assessment Center also assess the physical condition of properties, including identifying damaged paint that could indicate lead paint risks. According to HUD officials, they have not conducted risk assessments in project-based rental assistance housing because they believe the program has relatively few older and potentially riskier properties. However, GAO's analysis of HUD data found that 21 percent of project-based rental assistance properties have at least one building constructed before 1978 (when lead paint was banned in homes) and house over 138,000 children under the age of 6. If HUD used available program data to inform periodic risk assessments, HUD could identify which of the properties pose the greatest risk of exposure to lead paint hazards for children under the age of 6. Unless HUD develops a strategy for managing the risks associated with lead paint and lead paint hazards in project-based rental assistance housing, it may miss the opportunity to prevent children under the age of 6 from being inadvertently exposed to lead paint in those properties. Project-Based Rental Assistance Properties with at Least One Building Built before 1978 and That House Children under Age 6, as of December 31, 2019 Note: Children under the age of 6 are at the greatest risk of lead exposure because they have frequent hand-to-mouth contact, often crawl on the floor, and ingest nonfood items. Lead paint exposure in children under the age of 6 can cause brain damage, slowed development, and learning and behavioral problems. Exposure to lead paint hazards can cause serious harm to children under 6 years old. HUD is required by law to reduce the risk of lead paint hazards in HUD-assisted rental housing—including project-based rental assistance (subsidies to make privately owned multifamily properties affordable to low-income households). The 2019 Consolidated Appropriations Act Joint Explanatory Statement includes a provision for GAO to review, among other things, HUD's oversight of lead paint and related hazards in affordable rental housing. This report (1) describes how HUD programs and guidance address lead paint hazards in HUD-assisted and other low-income rental housing, and (2) examines HUD's oversight procedures for assessing risk for lead paint hazards in project-based rental assistance housing. GAO reviewed HUD and Environmental Protection Agency (EPA) lead paint regulations and documents on lead programs and methods for addressing lead paint hazards. GAO reviewed HUD oversight policies and procedures and analyzed HUD data on building and tenant age. GAO interviewed staff at HUD, EPA, and organizations that advocate for safe affordable housing. GAO recommends that HUD (1) conduct periodic risk assessments for the Project-Based Rental Assistance Program and (2) develop and implement plans to proactively manage identified lead paint risks. HUD agreed to conduct periodic risk assessments and develop and implement a plan to proactively manage risks. For more information, contact John H. Pendleton at (202) 512-8678 or pendletonj@gao.gov.
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    What GAO Found To help managers ensure accountability and responsible use of artificial intelligence (AI) in government programs and processes, GAO developed an AI accountability framework. This framework is organized around four complementary principles, which address governance, data, performance, and monitoring. For each principle, the framework describes key practices for federal agencies and other entities that are considering, selecting, and implementing AI systems. Each practice includes a set of questions for entities, auditors, and third-party assessors to consider, as well as procedures for auditors and third- party assessors. Why GAO Developed This Framework AI is a transformative technology with applications in medicine, agriculture, manufacturing, transportation, defense, and many other areas. It also holds substantial promise for improving government operations. Federal guidance has focused on ensuring AI is responsible, equitable, traceable, reliable, and governable. Third-party assessments and audits are important to achieving these goals. However, AI systems pose unique challenges to such oversight because their inputs and operations are not always visible. GAO's objective was to identify key practices to help ensure accountability and responsible AI use by federal agencies and other entities involved in the design, development, deployment, and continuous monitoring of AI systems. To develop this framework, GAO convened a Comptroller General Forum with AI experts from across the federal government, industry, and nonprofit sectors. It also conducted an extensive literature review and obtained independent validation of key practices from program officials and subject matter experts. In addition, GAO interviewed AI subject matter experts representing industry, state audit associations, nonprofit entities, and other organizations, as well as officials from federal agencies and Offices of Inspector General. Artificial Intelligence (AI) Accountability Framework For more information, contact Taka Ariga at (202) 512-6888 or ArigaT@gao.gov.
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    In U.S GAO News
    The National Aeronautics and Space Administration (NASA) again delayed the planned launch date for Artemis I, the first uncrewed test flight involving three closely related human spaceflight programs—the Orion crew vehicle, Space Launch System (SLS), and Exploration Ground Systems (EGS). Together, these programs aim to continue human space exploration beyond low-Earth orbit. The most recent delay, to November 2021, resulted in part from manufacturing challenges and represents a 36-month slip since NASA established a schedule to measure performance in 2014. This new launch date does not account for the effects of COVID-19. According to NASA officials, COVID-19 delays and schedule risks will place pressure on NASA's ability to achieve this launch date. Development cost estimates for key programs also increased. The cost of the SLS program increased by 42.5 percent and the EGS program by 32.3 percent since 2014, for a combined increase of over $3 billion, bringing the total to $11.5 billion. NASA does not plan to complete revised estimates for Orion, which are tied to the second, crewed test flight (Artemis II) before spring 2021. Key Parts of Space Launch System Ready for Testing at Stennis Space Center NASA awarded billions of dollars in development and production contracts to support flights beyond Artemis I, but the flight schedule has changed frequently due to a lack of clear requirements and time frames for planned capability upgrades. Limited NASA oversight also places efforts to plan and execute future flights at risk of adverse outcomes, such as increased costs or delays. For example, NASA is committed to establishing cost and schedule performance baselines for these efforts, but it plans to do so too late in the acquisition process to be useful as an oversight tool. In addition, senior leaders do not receive consistent and comprehensive information at quarterly briefings on future efforts, such as a program to begin developing a more powerful upper stage for SLS. This is because current updates provided to NASA management focus primarily on the more short-term Artemis I and II flights. This approach places billions of dollars at risk of insufficient NASA oversight. NASA is pursuing an aggressive goal to return American astronauts to the surface of the Moon by the end of 2024. The success of NASA's plans hinges, in part, on two upcoming test flights. An uncrewed test flight and subsequent crewed test flight are intended to demonstrate the capability of a new launch vehicle, crew capsule, and ground systems. The House Committee on Appropriations included a provision in its 2017 report for GAO to continue to review NASA's human space exploration programs. This is the latest in a series of GAO reports addressing this topic. This report assesses (1) the progress the programs are making towards the first test flight, known as Artemis I, with respect to schedule and cost, and (2) the extent to which NASA's human space exploration programs are positioned to support the planned Artemis flight schedule beyond Artemis I. To do this work, GAO examined program cost and schedule reports, test plans, and contracts, and interviewed officials. GAO also assessed the extent to which the COVID-19 state of emergency has affected schedules for these programs. GAO is making two recommendations to NASA to establish baselines ahead of a key design review and improve internal reporting about capability upgrades for human space exploration programs beyond Artemis I. NASA concurred with the recommendations made in this report. For more information, contact William Russell at (202) 512-4841 or russellw@gao.gov.
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    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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    In U.S Courts
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    In Crime News
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    In Crime News
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  • Anti-Money Laundering: Opportunities Exist to Increase Law Enforcement Use of Bank Secrecy Act Reports, and Banks’ Costs to Comply with the Act Varied
    In U.S GAO News
    Many federal, state, and local law enforcement agencies use Bank Secrecy Act (BSA) reports for investigations. A GAO survey of six federal law enforcement agencies found that more than 72 percent of their personnel reported using BSA reports to investigate money laundering or other crimes, such as drug trafficking, fraud, and terrorism, from 2015 through 2018. According to the survey, investigators who used BSA reports reported they most frequently found information useful for identifying new subjects for investigation or expanding ongoing investigations (see figure). Estimated Frequency with Which Criminal Investigators Who Reported Using BSA Reports Almost Always, Frequently, or Occasionally Found Relevant Reports for Various Activities, 2015–2018 Notes: GAO conducted a generalizable survey of 5,257 personnel responsible for investigations, analysis, and prosecutions at the Drug Enforcement Administration, Federal Bureau of Investigation, Homeland Security Investigations, Internal Revenue Service-Criminal Investigation, Offices of U.S. Attorneys, and U.S. Secret Service. The margin of error for all estimates is 3 percentage points or less at the 95 percent confidence interval. As of December 2018, GAO found that the Financial Crimes Enforcement Network (FinCEN) granted the majority of federal and state law enforcement agencies and some local agencies direct access to its BSA database, allowing them to conduct searches to find relevant BSA reports. FinCEN data show that these agencies searched the BSA database for about 133,000 cases in 2018—a 31 percent increase from 2014. FinCEN created procedures to allow law enforcement agencies without direct access to request BSA database searches. But, GAO estimated that relatively few local law enforcement agencies requested such searches in 2018, even though many are responsible for investigating financial crimes. GAO found that agencies without direct access may not know about BSA reports or may face other hurdles that limit their use of BSA reports. One of FinCEN's goals is for law enforcement to use BSA reports to the greatest extent possible. However, FinCEN lacks written policies and procedures for assessing which agencies without direct access could benefit from greater use of BSA reports, reaching out to such agencies, and distributing educational materials about BSA reports. By developing such policies and procedures, FinCEN would help ensure law enforcement agencies are using BSA reports to the greatest extent possible to combat money laundering and other crimes. GAO reviewed a nongeneralizable sample of 11 banks that varied in terms of their total assets and other factors, and estimated that their total direct costs for complying with the BSA ranged from about $14,000 to about $21 million in 2018. Under the BSA, banks are required to establish BSA/anti-money laundering compliance programs, file various reports, and keep certain records of transactions. GAO found that total direct BSA compliance costs generally tended to be proportionally greater for smaller banks than for larger banks. For example, such costs comprised about 2 percent of the operating expenses for each of the three smallest banks in 2018 but less than 1 percent for each of the three largest banks in GAO's review (see figure). At the same time, costs can differ between similarly sized banks (e.g., large credit union A and B), because of differences in their compliance processes, customer bases, and other factors. In addition, requirements to verify a customer's identity and report suspicious and other activity generally were the most costly areas—accounting for 29 and 28 percent, respectively, of total compliance costs, on average, for the 11 selected banks. Estimated Total Direct Costs for Complying with the Bank Secrecy Act as a Percentage of Operating Expenses and Estimated Total Direct Compliance Costs for Selected Banks in 2018 Notes: Estimated total direct compliance costs are in parentheses for each bank. Very large banks had $50 billion or more in assets. Small community banks had total of assets of $250 million or less and met the Federal Deposit Insurance Corporation's community bank definition. Small credit unions had total assets of $50 million or less. Federal banking agencies routinely examine banks for BSA compliance. FinCEN data indicate that the agencies collectively cited about 23 percent of their supervised banks for BSA violations each year in their fiscal year 2015–2018 examinations. A small percentage of these violations involved weaknesses in a bank's BSA/anti-money laundering compliance program, which could require the agencies by statute to issue a formal enforcement action. Stakeholders had mixed views on industry proposals to increase the BSA's dollar thresholds for filing currency transaction reports (CTR) and suspicious activity reports (SAR). For example, banks must generally file a CTR when a customer deposits more than $10,000 in cash and a SAR if they identify a suspicious transaction involving $5,000 or more. If both thresholds were doubled, the changes would have resulted in banks filing 65 percent and 21 percent fewer CTRs and SARs, respectively, in 2018, according to FinCEN analysis. Law enforcement agencies told GAO that they generally are concerned that the reduction would provide them with less financial intelligence and, in turn, harm their investigations. In contrast, some industry associations told GAO that they support the changes to help reduce BSA compliance costs for banks. Money laundering and terrorist financing pose threats to national security and the U.S. financial system's integrity. The BSA requires financial institutions to file suspicious activity and other reports to help law enforcement investigate these and other crimes. FinCEN administers the BSA and maintains BSA reports in an electronic database that can be searched to identify relevant reports. Some banks cite the BSA as one of their most significant compliance costs and question whether BSA costs outweigh its benefits in light of limited public information about law enforcement's use of BSA reports. GAO was asked to review the BSA's implementation. This report examines (1) the extent to which law enforcement uses BSA reports and FinCEN facilitates their use, (2) selected banks' BSA compliance costs, (3) oversight of banks' BSA compliance, and (4) stakeholder views of proposed changes to the BSA. GAO surveyed personnel at six federal law enforcement agencies, collected data on BSA compliance costs from 11 banks, reviewed FinCEN data on banking agencies' BSA examinations, and interviewed law enforcement and industry stakeholders on the effects of proposed changes. GAO is recommending that FinCEN develop written policies and procedures to promote greater use of BSA reports by law enforcement agencies without direct database access. FinCEN concurred with GAO's recommendation. For more information, contact Michael Clements at (202) 512-8678 or clementsm@gao.gov.
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