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United States: This Week in Government Enforcement (Video Chat)

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In brief

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need for your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

These briefings cover:

  • High-profile DOJ case updates and implications
  • SEC enforcement developments 
  • CFTC enforcement developments
  • Other white collar defense industry developments

29 August 2022

This week’s discussion will cover the following:

  • PCAOB Statement of Protocol Agreement with the China Securities Regulatory Commission
  • China Ministry of Finance regarding oversight of PCAOB-registered public accounting firms in China and Hong Kong

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5 August 2022

This week’s discussion will cover the following: 

  • Our white collar thoughts on this week’s “Economist” article on ESG
  • SEC breaks new ground in insider trading case involving crypto assets
  • DOJ remains vigilant in promoting competition in the labor markets through several recent enforcement efforts:
    • Health care staffing company and former regional manager are negotiating an agreement with DOJ to resolve wage-fixing charges
    • DOJ announced a civil settlement with poultry processors to end a conspiracy to exchange compensation information and collaborate on compensation decisions
    • DOJ and FTC are joining with NLRB to strengthen their partnerships in combating labor competition issue

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21 June 2022

This week’s discussion will cover the following: 

  • The Antitrust Division’s updates of its leniency policy and revisions to the leniency FAQs and the increased burden on applicants
  • Policy shifts and the revival of criminal enforcement under Section 2 of the Sherman Act

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24 January 2022

This week’s discussion will cover the following:

  • Indictment of Belarus government officials for air piracy in connection with forced landing of Ryanair jet
  • First DOJ indictment over threatening of election officials 
  • SEC v. David P. Forte, et al.  – SEC and DOJ Continue to Pursue Insider Trading Based on Circumstantial Evidence
  • Discussion of most recent tipper-tippee insider trading case

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20 January 2022

This week’s discussion will cover the following:

  • SEC v Panuwat
  • Shadow Trading Case – Defendant’s Motion to Dismiss Denied

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12 January 2022

This week’s discussion will cover the following:

  • Sentencing in Elizabeth Holmes case
  • SEC Pays Out Whistleblower Bounty for Overseas Tip
  • A Discussion of the Geographic Sources of Whistleblower Tips

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13 December 2021

This week’s discussion will cover the following

  • 6 January Investigation Update
  • White House Anti-Corruption Strategy
  • New OFAC Anti-Corruption Sanctions
  • DOJ Notice of Proposed Rulemaking on FARA 
  • ESG Update: Office of Comptroller of the Currency’s National Risk Committee Identifies Climate Change Initiative in Semiannual Risk Perspective report

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30 November 2021

This week’s discussion will cover the following:

  • New OECD guidance on anti-corruption
  • SEC Enforcement Focus Relating to Undisclosed Executive Compensation and Perquisites Continues: ProPetro Holding Corp. matter.

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22 November 2021

This week’s discussion will cover the following: 

  • Update on Elizabeth Holmes trial
  • Update on Belarus Sanctions
  • FinCEN Notice on Environmental Crimes  
  • Insights on SEC Enforcement – SEC Enforcement’s FY21 report and the NYU Pollack Center for Law & Business and Cornerstone Research report on SEC Corporate Enforcement

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15 November 2021 

This week’s discussion will cover the following: 

  • New Cambodia Sanctions
  • Steve Bannon Indictment

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8 November 2021 

This week’s discussion will cover the following: 

  • Deputy Attorney General Lisa Monaco on corporate enforcement priorities under the Biden Administration
  • The Consumer Financial Protection Bureau (CFPB) is targeting big tech 
    • What do they want and why do they want it?
    • How should tech firms prepare, whether they receive a request from CFPB or not?

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1 November 2021

This week’s discussion will cover the following: 

  • Managing Allegations of Workplace Wrongdoing: Independent Investigator’s Report on Chicago Blackhawks Allegations of Sexual Misconduct

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25 October 2021 

This week’s discussion will cover the following: 

  • Tether Holdings CFTC Crypto Settlement: Reminder that the CFTC is asserting a prominent role in the regulation and enforcement of cryptocurrencies. 
  • SEC Report on January 2021 Market Frenzy: “Staff Report on Equity and Options Market Structure Conditions in Early 2021”
  • Will DOJ Prosecute Steve Bannon for Contempt?

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18 October 2021

This week’s discussion will cover the following: 

  • 6 January Commission and possible prosecution of Steve Bannon for contempt.
  • SEC Enforcement Director Grewal’s speech on appropriate approaches to compliance, proactive enforcement, electronic message retention/production, cooperation, and civil penalties.

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27 September 2021

This week’s discussion will cover the following: 

  • CFTC v. HDR GLOBAL TRADING LIMITED, ET AL
  • Motion to Dismiss Unregistered Crypto Exchange Claims
  • Control Person Liability Runs Into “Minimum Contacts”   
  • House Committee on January 6 Attack Subpoenas Trump Advisors

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20 September 2021

This week’s discussion will cover the following: 

  • Details Behind The SEC Whistleblower Award That Pushed the Program Over USD 1 Billion in Whistleblower Payouts
  • SEC v. DAYAKAR R. MALLU – Tipper-Tippee Insider Trading Case – SEC Investigation Tactics and Trends
  • Indictment of lawyer by Trump-appointed Special Counsel for lying to the FBI in Russia investigation.

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14 September 2021

This week’s discussion will cover the Elizabeth Holmes Theranos trial. 

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30 August 2021

This week’s discussion will cover the following: 

  • Organized crime charges in new elder abuse case
  • Novel SEC Insider Trading Action — Shadow Trading — SEC v. Matthew Panuwa
  • Quick blurb on 18 year old and under crackdown on video game playing in China
  • SEC v. MANISH LACHWANI – The SEC’s Enforcement Focus on Unicorns

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23 August 2021 

This week’s discussion will cover the following: 

  • Special Inspector General for Afghanistan Reconstruction (SIGAR) Report on Lessons of Corruption in Afghanistan
  • Novel SEC Insider Trading Action — Shadow Trading — SEC v. Matthew Panuwa

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9 August 2021

This week’s discussion will cover the following: 

  • SEC brings charges unregistered crypto exchange: In the Matter of Poloniex, LLC
  • The need to keep your auditor at arm’s length — SEC brings auditor independence case for audit bid-related misconduct against accounting firm, it’s partners and the Chief Accounting Officer of public company: In the Matter of Ernst & Young LLP, et al. and In the Matter of William G. Stiehl
  • Accusations against Governor Cuomo: Key Legal Issues
  • New Belarus Sanctions

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3 August 2021

This week’s discussion will cover the following: 

  • New DOJ opinion on Trump tax returns
  • New DOJ policy on subpoenas to new organizations
  • New DOJ memorandum on White House communications
  • SEC Chair Gensler’s Public Statement on Disclosures Required by Chinese Companies Listed In US

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26 July 2021

This week’s discussion will cover the following:

  • The Importance of Having Up-To-Date Automated Accounting Procedures, Effective Manual Accounting Procedures, and Trained Accounting Staff:  The SEC’s Latest Accounting Case Against Tandy Leather Factory Inc. and its former chief executive officer Shannon Greene.
  • Indictment of Trump Advisor Thomas Barrack
  • Biden Executive Order on Promoting Competition

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13 July 2021

This week’s discussion will cover the following:

  • Manhattan DA’s Indictment of the Trump Organization and Allen Weisselberg
  • New SEC Enforcement Director – New Jersey Attorney General Gurbir Grewal
  • SEC and federal criminal charges filed arising out of alleged fraudulent scheme to sell “insider trading tips” on the Dark Web- SEC v. Apostolos Trovias

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29 June 2021

This week’s discussion will cover the following: 

  • SEC Cybersecurity Enforcement Sweep:  The SEC Clarifies, Sort Of
  • Latest, and Interesting, Comments By SEC Commissioner on ESG
  • Combating Global Corruption Act of 2021
  • Global Magnitsky Reauthorization Act
  • New Belarus Sanctions 

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22 June 2021

This week’s discussion will cover the following: 

  • New Charges in 1MDB Case
  • FARA Reform Proposals
  • Possible New Russia Sanctions  
  • Cyber SEC Enforcement: Latest SEC Disclosure Controls and Procedures Enforcement Case
  • A New SEC Cyber Enforcement Sweep

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9 June 2021

This week’s discussion will cover the following: 

  • Potential SEC ESG Disclosure Rulemaking and Materiality:  Commissioners Allison Herren Lee and Elad Roisman Continue to Volley
  • White House strategy statement on corruption and national security
  • Belarus sanctions
  • Bulgaria sanctions
  • Executive Order on Western Balkans

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25 May 2021

This week’s discussion will cover the following: 

  • Insight on Gary Gensler’s SEC Enforcement Agenda: SEC Chair’s Remarks at 2021 FINRA Annual Conference
  • Discussion of Treasury’s Plan to Increase IRS Enforcement and Narrow the Tax Gap
  • Update on Nord Stream 2 Sanctions 

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18 May 2021

This week’s discussion will cover the following:

  • Russian Response to US Sanctions and Designation of US as an “Unfriendly” Country  
  • Trial of Mayor of Fall River, Massachusetts for Extorting Marijuana Businesses  
  • The Challenges of Fitting Modern Practices into Old Laws: SEC Commissioner Hester Peirce’s Statement Regarding an Index Fund SEC Settlement  
  • SEC’s Continued Slow Embrace of Crypto Assets: Division of Investment Management’s Statement on ETF Holdings of Crypto Assets and Potential Enforcement Implications  to Assets and Potential Enforcement Implications  

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10 May 2021

This week’s discussion will cover the following:

  • Crypto developments:  SEC Chair Gensler’s Testimony, Dogecoin and Saturday Night Live
  • The “Swiss George Floyd Case”  (for more information about this case, please see this documentary featuring Simon Ntah here

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3 May 2021

This week’s discussion will cover the following:

  • First Voluntary Self-Disclosure of Sanctions and Export Violations Leads to Settlement between Software Company and DOJ
  • The Sudden Resignation of SEC Enforcement Director Alex Oh:  What is Next For SEC Enforcement?

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26 April 2021

This week’s discussion will cover the following:

  • New SEC Enforcement Director Alex Oh: What It May Mean For SEC Enforcement
  • DOJ Pattern and Practice Investigation of Minneapolis Police Department

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19 April 2021

This week’s discussion will cover the following:

  • First guilty plea in Capitol attack cases: What it means for future prosecutions
  • New Russia sanctions: What they do and don’t do, and what could be next
  • Comments by Acting Director of the SEC’s Division of Corporation Finance, “SPACs, IPOs and Liability Risk under the Securities Laws”: What it means for SEC enforcement

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12 April 2021

This week’s discussion will cover the following:

  • Criminal Antitrust Prosecutions of No Poaching and Wage Fixing Agreements: Perspective of a Leading Antitrust Lawyer.
  • Enforcement perspectives arising out of the SEC’s April 9, 2021 “Risk Alert” relating to ESG products and services offered by investment advisers, registered investment companies and private funds.
  • DOJ Priorities under the Biden Administration: What the Budget Tells Us.

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30 March 2021

This week’s discussion will cover the following:

  • SEC Enforcement Sweep Looks Into SPAC IPOs
  • New Legal Issues in the Capitol Riot Cases

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15 March 2021

This week’s discussion will cover the following:

  • DOJ/SEC FCPA priorities
  • Oath Keepers conspiracy case
  • New Russian law to protect officials against corruption charges
  • Does SEC Commissioner Crenshaw’s speech about increased corporate penalties foreshadow a possible retraction of the SEC’s 2006 Statement Concerning Financial Penalties and what we can expect from corporate securities enforcement over the next 4 years?

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8 March 2021

This week’s discussion will cover the following:

  • This week, Jerome is joined by his partners Amy Greer and Jen Klass and they will dig deep into the enforcement issues presented by the SEC’s “Enforcement Task Force Focused on Climate and ESG Issues” 

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1 March 2021

This week’s discussion will cover the following:

  • The SEC’s Plan to Dig Into Public Company Climate Change Disclosures: A White Collar Enforcement Perspective
  • Key Takeaways from Merrick Garland Confirmation Hearing
  • Update on Capitol Riot Cases
  • Secretary Blinken Statement on Anticorruption Champions 

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22 February 2021

This week’s discussion will cover the following:

  • Potential prosecution of former President Trump for incitement of the Capitol attack
  • The SEC’s latest message following the “The Market Events”: trading suspension in In the Matter of SpectraScience, Inc. 
  • New Transparency International Corruption Report
  • The SEC’s ICO enforcement initiative lives on: SEC v. Coinseed, Inc., et al. (S.D.N.Y. 17 February 2021)

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15 February 2021

This week’s discussion will cover the following:

  • Update on Capitol riot cases
  • The legal definition  of “incitement of insurrection” 
  • Discussion of the reported DOJ and SEC investigations into the retail traders in last month’s market events
  • A reminder on the scope of the US insider trading laws, courtesy of SEC v. Mark Ahn (D. Mass) (also a parallel criminal case was filed)

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8 February 2021

This week’s discussion will cover the following:

  • An update on the Capitol Riots
  • Consideration of new sanctions on Russia
  • An update on stock market events, including the FINRA notice on broker-dealer “game-style” trading apps 

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1 February 2021

This week’s discussion will cover the following:

  • Analysis of the Reddit/WallStreetBets-driven stock surges, with a special appearance by Jerome’s 15 year old son, Sam, who has been following the events on Reddit and Discord  
  • Discussion of the Hoskins appeal and the future of the FCPA’s “Agency” theory
  • Update on the Capitol raid prosecutions

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18 January 2021

This week’s discussion will cover the following:

  • New SEC Enforcement Statute of Limitations and Disgorgement Provisions Contained in the NDAA
  • New AML Whistleblower Bounty Provision in the NDAA
  • Criminal charges against Capitol rioters
  • Julian Assange extradition case

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4 January 2021

This week’s discussion will cover the following:

  • What criminal statutes might apply to the attack on the Capitol?
    • 18 USC 2383 – Rebellion or Insurrection
    • 18 USC 2384 – Seditious Conspiracy
    • 18 USC 1752 – Restricted Building or Grounds
  • What, if any, criminal statutes might apply to President Trump’s call last week with Georgia Secretary of State?
  • The 25th Amendment — A brief history of the amendment, what the amendment provides for and how it might apply in light of these events.

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14 December 2020

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07 December 2020

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23 November 2020

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16 November 2020

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9 November 2020

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26 October 2020

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19 October 2020

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5 October 2020

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29 September 2020

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8 September 2020

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24 August 2020

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17 August 2020

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10 August 2020

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3 August 2020

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27 July 2020

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20 July 2020

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13 July 2020

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6 July 2020

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29 June 2020

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22 June 2020

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17 June 2020

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9 June 2020

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26 May 2020 

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North America

Police: Man nabbed in stolen rental car in Hempfield was awaiting sentencing in bank robberies

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A former McCandless man awaiting sentencing for a string of bank robberies in Westmoreland and Allegheny counties was arrested this week after authorities said he led police on a chase in a stolen rental car.

Dylan M. Poole, 28, was scheduled to be sentenced in September in federal court in connection with the bank robberies, but a warrant was issued for his arrest after he violated conditions of his pretrial release in that case, according to court filings.

North Huntingdon police reported to state police on Tuesday they were involved in a pursuit just before 7 p.m. with Poole. Officers notified state police that Poole was wanted on numerous warrants, including by the U.S. Marshals, and that they terminated the chase when he entered the Pennsylvania Turnpike.

About two hours later, a trooper spotted the Nissan Versa that Poole was driving on Route 30 in Hempfield and pulled it over. Authorities determined the car was stolen and had a registration plate from another vehicle. Federal court records showed that Poole was accused of renting the vehicle Aug. 2 and never returning it.

North Huntingdon police charged him with theft, receiving stolen property and driving on a suspended license. State police filed additional charges Tuesday. Poole was being held on a combined $75,000 bail in the two cases.

He did not have an attorney listed in those cases. Preliminary hearings are set for Oct. 11 and 12.

A new sentencing date has not been set in the federal case. He pleaded guilty in March to three counts of bank robbery and one count of attempted bank robbery.

Poole was indicted in 2018 after FBI agents thwarted a robbery at a PNC Bank branch in Unity.

Prosecutors said that on Nov. 8, 2018, Poole took $2,030 from a teller at WesBanco Bank in McCandless after handing her a note demanding cash. The next day, authorities said he got about $2,300 from a teller at a Donegal PNC Bank branch after handing over another note.

On Nov. 13, he was accused of fleeing with about $1,000 from a First National Bank branch in Wexford. FBI agents tracked Poole’s vehicle from that robbery and set up surveillance at his home. He was arrested two days later after he entered the Unity bank with a note demanding money, according to court papers.

Renatta Signorini is a Tribune-Review staff writer. You can contact Renatta by email at rsignorini@triblive.com or via Twitter .




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In Brazil, a grieving mother takes police killings to court

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On the day she was to face her son’s killers, Glaucia dos Santos rose early, smoothed her hair into a ponytail and donned a T-shirt emblazoned with a single word: “Gratitude.”

It may have seemed like a surprising choice given what she was about to do: travel three hours by bus from her home on the outskirts of Rio de Janeiro to a downtown courthouse, where the two police officers who had gunned down her 17-year-old in 2014 were being tried for murder.

But she felt lucky.

A group of women in a room.

Glaucia dos Santos, second from right, with supporters. Her eight-year battle for a day in court has come amid a surge of killings by police that has made Brazil’s law enforcement agencies among the world’s most lethal.

(Gary Coronado / Los Angeles Times)

In Brazil, where even the most egregious abuses by police are rarely punished, trials like this one were practically unheard of. Against all odds, and thanks only to her own dogged detective work, Dos Santos now had a shot at justice.

Her eight-year battle for a day in court had come amid a surge of killings by police that had made Brazil’s law enforcement agencies among the world’s most lethal.

Police killed 6,145 people here last year, according to the nonprofit Brazilian Forum on Public Safety — an average of almost 17 a day and nearly triple the 2013 total.

Taking population size into account, officers killed at roughly nine times the rate of U.S. law enforcement.

People walk along a street.

Most killings by police take place in favelas, former squatter settlements founded by ex-slaves that remain predominantly Black and have few state services and a heavy gang presence.

(Gary Coronado / Los Angeles Times)

In Rio de Janeiro state, killings by police accounted for nearly a third of all homicides. Most took place in favelas, former squatter settlements founded by ex-slaves that remain predominantly Black today and have few state services and a heavy gang presence.

The rise in police violence has been celebrated by President Jair Bolsonaro, who has pushed for laws that would provide immunity for officers who commit homicide in the line of duty and declared that “a policeman who doesn’t kill isn’t a policeman.”

His challenger in Sunday’s presidential election, Luiz Inácio Lula da Silva, has said little about the issue, with some political observers concluding that he is wary of conflict with the police because of the possibility that they could back Bolsonaro in an attempt to steal the election. Still, if Lula, as he is known, becomes president, as polls suggest he will, he will face pressure from segments of his base who have become increasingly vocal about the need for police reform.

Though officers almost always defend their killings as acts of self-defense against armed criminals, human rights groups and journalists have documented a pattern of excessive use of force, including summary executions of people who are unarmed or injured.

A report by the United Nations this year said Brazil’s security strategy demonstrates an “unconscionable disregard for human life,” and highlighted a deep racial disparity. Black people make up 55% of Brazil’s population, but 84% of the people police killed last year.

When Dos Santos, who is Black, lost her only son, Fabricio, she was thrust into a new role in her community. Each time another young man died, his mother would come to her for comfort and advice. As the years wore on, a WhatsApp group of grieving mothers that she had created came to include about a dozen neighbors and even her own sister.

Photos of those killed by police.

At left, photos of people killed by police are displayed at a protest. Glaucia dos Santos, right, attends a protest with other mothers and family members of those killed by police.

(Gary Coronado / Los Angeles Times)

At the courthouse last month, Dos Santos, 46, was accompanied by several of them, each clutching a photograph of their own dead child. For many, Fabricio’s case had become deeply personal because they knew they were unlikely to ever get their own day in court.

Sun streaked through the clouds as the women stood shoulder to shoulder chanting Fabricio’s name and the thing they all wanted: “Justiça.”

“The police are supposed to protect,” Dos Santos told a crowd of people who had stopped to watch the impromptu protest, her voice trembling. “We want you to stop killing us.”

Then she and the rest of the women filed into the courthouse.

Dos Santos knew it was never going to be easy raising a son in the favela.

Her community, Chapadão, is a labyrinth of small homes made of unpainted brick and corrugated tin roofs stretching across hillsides on the far north side of Rio.

Fabricio’s father, a former soldier, left when he was a baby, and his mother worked as a housekeeper. When Fabricio was 3, he was hit by a truck speeding through the neighborhood, leaving him with a permanent limp.

People walk in a neighborhood.

A report by the United Nations this year said Brazil’s security strategy demonstrates an “unconscionable disregard for human life,” and highlighted a deep racial disparity. Black people make up 55% of Brazil’s population, but 84% of the people police killed last year.

(Gary Coronado / Los Angeles Times)

For her shy son, who dreamed of being a mechanical engineer, life’s biggest preoccupation wasn’t the cruel taunts of classmates or even the gangs who peddled drugs in the streets. It was the police.

Officers hassled him at a local arcade and at a bus stop on his way to a job painting houses in Copacabana. Once he was hauled into a police station for riding in a car the police said had been stolen, until they changed their story and let him go.

A woman holds a banner with a photo of her son.

Glaucia dos Santos holds a banner with pictures of her slain son, Fabricio.

(Gary Coronado / Los Angeles Times)

His mother counseled him and his two younger sisters to always keep their cool when police were involved: “Never talk back to them. Don’t let yourself react.”

But Fabricio was terrified of the cops, who had a reputation for brutality in the favelas dating back to the 1970s, when the government launched a war on drugs and started going after the gangs that had formed in Brazil’s prisons and were now entrenched in many poor neighborhoods.

A truck passes people carrying a body.

Police in a Rio de Janeiro favela pass residents carrying the body of a man killed in a police raid.

(Mauro Pimental / AFP via Getty Images)

Guns can be see in a police car.

Police in Brazil killed 6,145 people last year, an average of almost 17 a day and nearly triple the 2013 total.

(Gary Coronado / Los Angeles Times)

There have been short-lived attempts at police reform, including the introduction of community policing units in some favelas in the few years leading up to the 2014 World Cup in Rio.

Though those efforts reduced killings by police for several years, the special units never arrived in Chapadão, and eventually they were abandoned altogether. The killings started to climb again — it was not uncommon for 20 people to die in a single afternoon when police raided their favela.

A finger points at an autopsy report.

Daniel Lozoya, a public defender, displays an autopsy report showing where Fabricio dos Santos was shot in the head by police officers.

(Gary Coronado / Los Angeles Times)

By law, police can use lethal force only to confront an “imminent threat.”

“But in the streets, the law is different,” said Daniel Lozoya, a public defender in Rio de Janeiro. “He’s Black, he’s poor, so the police shoot.”

As dawn broke on Jan. 1, 2014, two police officers sat down with a police investigator to explain how and why they had just killed a young man. It was the protocol any time an officer used lethal force.

The cops, Victor Declie de Souza, who is white and was 31 at the time, and Paulo Renato do Nascimento Pires, who is Black and was 38, said they had been patrolling near Chapadão a little before 3 a.m. when three men on two motorcycles started firing at them.

The police said they chased the assailants about a mile to a gas station, where Declie used a rifle to shoot one driver as the other alleged attackers sped away.

The officers said they found a Glock pistol next to the body of the person they shot, who would later be identified as Fabricio dos Santos. They said he was still alive when they loaded his body into their car to take him to the hospital, where he was later pronounced dead.

Investigators did not visit the crime scene because the neighborhood was “too dangerous,” according to records. No forensic analysis was conducted to show whether Fabricio had ever fired the gun. Police never sought witnesses to interview.

A man sits at a tabe.

Paulo Renato do Nascimento Pires, one of the two police officers facing charges in the killing of Fabricio dos Santos.

(Gary Coronado / Los Angeles Times)

The case could have ended there, like the vast majority of incidents in which police kill civilians here.

The attorney general’s office in Rio de Janeiro state said it does not track how many cases are brought against police officers. But multiple independent studies have shown that charges are filed in fewer than 1% of killings by police.

Marfan Martins Vieira, a former attorney general, told human rights investigators that he believes that many of the alleged shootouts between cops and civilians are “simulated” — meaning that only the police fired — but that poor-quality investigations leave prosecutors without enough information to prove it.

Cesar Muñoz, a researcher with Human Rights Watch, said prosecutors have the legal authority to investigate police abuse — and must.

“The police are not capable of investigating themselves,” he said.

A woman weeps.

Glaucia dos Santos weeps while talking about her son. “The police are supposed to protect,” she said. “We want you to stop killing us.”

(Gary Coronado / Los Angeles Times)

Dos Santos thought the police were lying. Her son, she told investigators, had never held a gun in his life. And she had seen him head to the gas station alone, after celebrating the new year with his girlfriend. Besides, she and her neighbors hadn’t heard a shootout, just a single shot.

She was three months pregnant and battling morning sickness, but she was determined to get to the truth. “It was the least I could do for him,” she said.

After identifying Fabricio’s body, she went to the gas station, where she found employees who had been there during the killing. They shared evidence that would separate Fabricio’s case from the many others in which it is the word of a witness against the word of police: surveillance footage.

The grainy video shows Fabricio filling up his tank, putting air in his tires and preparing to exit the gas station when a police cruiser pulls up. Fabricio turns his motorcycle around and begins driving away from the cruiser. His mother thinks he probably turned because he didn’t have a driver’s license, and didn’t want trouble.

The cruiser follows him, and then, with Fabricio off screen but the vehicle still in the frame, there is a flash of light — a single shot from a rifle.

It was still January when Dos Santos took the video to the media. Soon, news crews were filming the small protests she organized in her neighborhood.

Under growing pressure, prosecutors announced that June that they were charging the two officers with murder, accusing them of fabricating the story of the shootout and planting the gun on Fabricio.

“This is very rare, that an officer actually has to answer for his actions in court.”

— Maria Julia Miranda, public defender

The officers were allowed to keep working, although they were assigned administrative tasks.

Dos Santos knew she had a long road ahead. In Brazil it can take as long as a decade for a murder case to wind its way through court.

Every few months she trekked downtown for another hearing. Years passed before a judge decided that the case deserved to go before a jury. It took months more for another judge to weigh the defendants’ appeal to that decision.

As she exited the courthouse one day in 2016, Dos Santos noticed a group of women protesting on the sidewalk. One of them was talking about her 19-year-old, whom the police had killed with a shot in the back.

People look at photos on the ground.

Photos of people killed by police are displayed outside a courthouse in Rio de Janeiro.

(Gary Coronado / Los Angeles Times)

For Dos Santos, joining the city’s burgeoning movement of mothers who had lost children to police bullets was like finding family.

Elsewhere, police violence was starting to receive major attention. In 2014, protesters had taken to the streets of Ferguson, Mo., after the police killing of a Black 18-year-old named Michael Brown. A hashtag was spreading on the internet: #BlackLivesMatter.

In Brazil, the movement was growing, but more slowly.

Though slavery lasted here until 1888, longer than anywhere else in the Americas, Brazil never had formal segregation like in the United States, and the country had long viewed its history more through the lens of class than race.

Among the key figures in the burgeoning antiracism movement was Rio de Janeiro City Councilwoman Marielle Franco. A single mother from a favela not far from Chapadão, she was passionate about stopping abuse by police, whom she accused of acting like death squads.

In March 2018, she tweeted about a killing in a favela: “They come to carve up the population! They come to kill our young!” A few days later, she and her driver were shot to death in downtown Rio.

The two men charged with her murder are former Rio police officers. They are still awaiting trial.

Franco’s death intensified calls for reform. But the movement also sparked backlash.

Some argued that there couldn’t be a racial element to the killings, given that about 45% of Brazil’s police are Black. Others said tough policing was necessary, given Brazil’s battle against violent crime.

Still, killings by police were climbing far faster than homicides overall. And as homicides started to dip from their 2017 peak of 64,078, law enforcement kept killing in increasing numbers.

The trend was most extreme in Rio, where the police found an ally in Bolsonaro, who was a congressman at the time.

Men stand side by side.

Brazilian President Jair Bolsonaro, center, has pushed for laws that would provide immunity for officers who commit homicide in the line of duty. He is up for reelection on Sunday.

(Gary Coronado / Los Angeles Times)

His pledge to crush criminals with an iron fist helped win him a national following and propel him to the presidency.

Shortly after taking office in 2019, Bolsonaro pushed legislation to shield security forces who shoot from prosecution, vowing that criminals “are going to die in the streets like cockroaches … how it should be.” The legislation failed to pass, but many worried that the president’s rhetoric encouraged police to act violently.

During his four years in office, killings by police have hovered around their all-time high.

“A policeman who doesn’t kill isn’t a policeman.”

— President Jair Bolsonaro

Dos Santos remained undeterred, despite the costs. When she felt guilty about how her focus on the case meant she had less time for her three daughters, she told herself she was doing it for them and the other children of the favela.

She also came to believe that her activism was putting her own life in danger.

One friend from the favela who had lost a son to police bullets and who had worked to get a particularly violent police officer moved out of their neighborhood faced death threats and fled.

“The police come here to hunt,” said the man, who did not give his name out of fear of retaliation. “Now I have no dignity. I have no life. I’m a fugitive.”

Dos Santos’ case had crawled along for eight years. But finally, it was a nearing a decision.

In Brazil, prosecutors and the defense lay out the details of their cases first for a judge, and then do it again before a jury in a rapid-fire trial that can reach conclusion in a single day.

A few days before the jury trial was set to begin, Dos Santos stood at the entrance to her favela waiting for the arrival of Guilherme Pimentel, the ombudsman from the Rio public defender’s office. His taxi finally pulled up, and the two embraced.

People talk.

Guilherme Pimentel, center, ombudsman of the public defender’s office of Rio de Janeiro, meets with Glaucia dos Santos, far right, and others.

(Gary Coronado / Los Angeles Times)

Dos Santos had spent the morning walking the neighborhood to get permission from gang leaders to let Pimentel and a small delegation of government human rights officials enter the community.

They passed a checkpoint manned by an armed guard and settled down in red plastic chairs arranged in a circle on the patio of a cafe. “We want to know what has been happening here and how we can help,” Pimentel began.

A man stands in a street.

Ronaldo Lacerda’s 21-year-old cousin was recently killed by police.

(Gary Coronado / Los Angeles Times)

Ronaldo Lacerda, a 28-year-old funk DJ with dyed-orange hair, described the recent shooting death of his 21-year-old cousin.

“I’m lucky,” he said. “I should be dead too.”

Dos Santos was upset that Lacerda and his friends had protested the killing by setting a bus on fire.

“It’s fair to rebel. I understand,” Dos Santos said. “But you’ve got to have a strategy. One guy lights a bus on fire, and then that’s what ends up being showed on TV. They will use that image in the trial.”

The young man nodded.

Three women stand in a street.

Maria Julia Miranda, left, a public defender, talks with Sonia Bonfim Vicente, center, and another woman. Bonfim’s husband and son were killed by police.

(Gary Coronado / Los Angeles Times)

Sonia Bonfim Vicente, 37, spoke next. Her husband and son were taking the son’s girlfriend to the hospital last year on a motorbike when all three were shot by police. Only the girlfriend survived.

As Bonfim talked about her son, Samuel, who was due to enlist in the military the day after he was killed, Dos Santos reached out and took her arm.

A public defender jotted down Bonfim’s information. But she cautioned the crowd against too much hope.

 A woman and a child.

Sonia Bonfim Vicente with her daughter, Anna Thereza, 5.

(Gary Coronado / Los Angeles Times)

“She’s an exception,” the public defender, Maria Julia Miranda, said of Dos Santos. “This is very rare, that an officer actually has to answer for his actions in court.”

Inside the courthouse, Dos Santos was whisked away to an area for people who would testify. She would be called as a character witness, and to describe the last time she had seen Fabricio, driving off alone.

A man talks to reporters.

Cassiano Pereira, an attorney for one of the accused police officers, explains to reporters what his client said happened on the night that Fabricio dos Santos was shot and killed.

(Gary Coronado / Los Angeles Times)

The officers each faced seven years in prison if convicted of both murder and fraud for having planted the gun.

An attorney for one of them said the pair would argue that they were fired upon by suspects on two motorcycles, even if no witness saw that and it wasn’t visible in the video.

The rest of the mothers gathered outside the courtroom, waiting to be let in. But 30 minutes passed. Then an hour. The mothers nervously sipped plastic cups of coffee.

Eventually, Dos Santos came back, her shoulders slumped. A lawyer for one of the defendants hadn’t showed up. The judge had postponed the trial until April.

Three women embrace.

Glaucia dos Santos is comforted by supporters.

(Gary Coronado / Los Angeles Times)

Dos Santos had briefly stood in the same room as the officers, who were not in uniform.

“They assured me they are not working in the streets,” she said.

“At least they’re not killing anyone,” one woman muttered.

“We have to come back next year and come back with more people,” another woman told her.

Dos Santos went out the way she had come. The sky had clouded over and wind was picking up. A few fat raindrops fell as she and her sister said goodbye to the other mothers and boarded a bus that would take them back to the favela.


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Human smuggling, forced labor among allegations in south Georgia federal indictment | USAO-SDGA

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INDICTMENT: USA v. Patricio et al, Operation Blooming Onion: 521cr9.pdf

WAYCROSS, GA:  Two dozen defendants have been indicted on federal conspiracy charges after a transnational, multi-year investigation into a human smuggling and labor trafficking operation that illegally imported Mexican and Central American workers into brutal conditions on South Georgia farms.

The newly unsealed, 54-count indictment in USA v. Patricio et al. details felony charges resulting from Operation Blooming Onion, an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. The multi-agency investigation, led by Homeland Security Investigations and other federal agencies, spans at least three years, and the 53-page indictment documents dozens of victims of modern-day slavery while spelling out the illegal acts that brought these exploited workers into the United States and imprisoned them under inhumane conditions as contract agricultural laborers, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia.

“The American dream is a powerful attraction for destitute and desperate people across the globe, and where there is need, there is greed from those who will attempt to exploit these willing workers for their own obscene profits,” said Acting U.S. Attorney Estes. “Thanks to outstanding work from our law enforcement partners, Operation Blooming Onion frees more than 100 individuals from the shackles of modern-day slavery and will hold accountable those who put them in chains.”

“OCDETF Operation Blooming Onion maximized the expertise of multiple law enforcement agencies and leveraged analytical and coordination support from OCDETF’s International Organized Crime Intelligence and Operations Center (IOC-2) to target an international criminal organization engaged in human trafficking and visa fraud,” said OCDETF Director Adam W. Cohen. “The U.S. Attorney’s Office’s leadership of this multi-agency law enforcement effort positions us to disrupt and dismantle the operations of transnational criminal networks that pose the greatest threat to our communities and to the Nation.”

As described in the indictment, investigators from Homeland Security Investigations, the U.S. Department of Labor, U.S. Department of State’s Diplomatic Security Service, the U.S. Postal Inspection Service, and the FBI began investigating the Patricio transnational criminal organization in November 2018. The indictment alleges that in or before 2015, the conspirators and their associates “engaged in mail fraud, international forced labor trafficking, and money laundering, among other crimes,” fraudulently using the H-2A work visa program to smuggle foreign nationals from Mexico, Guatemala, and Honduras into the United States under the pretext of serving as agricultural workers.

The activities took place within the Southern, Middle, and Northern Districts of Georgia; the Middle District of Florida; the Southern District of Texas; and Mexico, Guatemala, Honduras, and elsewhere. The conspirators required the workers to pay unlawful fees for transportation, food, and housing while illegally withholding their travel and identification documents, and subjected the workers “to perform physically demanding work for little or no pay, housing them in crowded, unsanitary, and degrading living conditions, and by threatening them with deportation and violence.”  

Exploitation of the workers included being required to dig onions with their bare hands, paid 20 cents for each bucket harvested, and threatened with guns and violence to keep them in line. The workers were held in cramped, unsanitary quarters and fenced work camps with little or no food, limited plumbing and without safe water. The conspirators are accused of raping, kidnapping and threatening or attempting to kill some of the workers or their families, and in many cases sold or traded the workers to other conspirators. At least two of the workers died as a result of workplace conditions. In the Southern District of Georgia, these activities were alleged to have taken place in the counties of Atkinson, Bacon, Coffee, Tattnall, Toombs and Ware as farmers paid the conspirators to provide contract laborers.    

The conspirators are alleged to have reaped more than $200 million from the illegal scheme, laundering the funds through cash purchases of land, homes, vehicles, and businesses; through cash purchases of cashier’s checks; and by funneling millions of dollars through a casino.

Then, as the continuing investigation into the conspiracy moved forward in late 2019, the indictment alleges that three of the conspirators attempted to intimidate and persuade a witness to lie to a federal grand jury and deny any knowledge of the illegal activities of the Patricio organization.

More than 200 law enforcement officers and federal agents from around the United States convened in the Southern District of Georgia to execute more than 20 federal search warrants at target locations.

Those indicted in USA v. Patricio et al. and their charges include:

  • Maria Leticia Patricio, 70, of Nichols, Ga., charged with Conspiracy to Commit Mail Fraud; two counts of Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Daniel Mendoza, 40, of Ruskin, Fla., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Nery Rene Carrillo-Najarro, 56, Douglas, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; 14 counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Antonio Chavez Ramos, a/k/a “Tony Chavez,” 38, a citizen of Mexico illegally present in the United States, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; four counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • JC Longoria Castro, 46, Vidalia, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; four counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Victoria Chavez Hernandez, 38, a citizen of Mexico illegally present in the United States, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Enrique Duque Tovar, 36, of Axon, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; nine counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Jose Carmen Duque Tovar, 58, of Axon, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; nine counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Charles Michael King, 31, of Waycross, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Stanley Neal McGauley, 38, of Waycross, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Luis Alberto Martinez, a/k/a “Chino Martinez,” 41, of Tifton, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Delia Ibarra Rojas, 33, of Lyons, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; three counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Juana Ibarra Carrillo, 46, of Alma, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Donna Michelle Rojas, a/k/a “Donna Lucio,” 33, of Collins, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; three counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Margarita Rojas Cardenas, a/k/a “Maggie Cardenas,” 43, of Reidsville, Ga., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; three counts of Forced Labor; Conspiracy to Commit Money Laundering; and Tampering with a Witness;
  • Juan Fransisco Alvarez Campos, 42, a citizen of Mexico illegally present in the United States, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Rosalvo Garcia Martinez, a/k/a “Chava Garcia,” 33, of Haines City, Fla., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering; and Tampering with a Witness;
  • Esther Ibarra Garcia, 63, of Dade City, Fla., charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; three counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Rodolfo Martinez Maciel, 26, a citizen of Mexico illegally present in the United States, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; three counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Brett Donavan Bussey, 39, of Tifton, Ga., charged with Conspiracy to Commit Mail Fraud; four counts of Mail Fraud; Conspiracy to Engage in Forced Labor; Conspiracy to Commit Money Laundering; and Tampering with a Witness;
  • Linda Jean Facundo, 36, of Tifton, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering;
  • Gumara Canela, 34, of Alma, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; 14 counts of Forced Labor; and Conspiracy to Commit Money Laundering;
  • Daniel Merari Canela Diaz, 24, a citizen of Mexico illegally present in the United States, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering; and,
  • Carla Yvonne Salinas, 28, of Laredo, Texas, charged with Conspiracy to Commit Mail Fraud; Conspiracy to Engage in Forced Labor; and Conspiracy to Commit Money Laundering.

The charges of Conspiracy to Engage in Forced Labor, and Forced Labor, each carry statutory penalties of up to life in prison, while the charges of Conspiracy to Commit Mail Fraud, Mail Fraud, Money Laundering Conspiracy, and Tampering with a Witness each carry statutory penalties of up to 20 years in prison. Each of the charges also include substantial financial penalties and periods of supervised release after completion of any prison term. There is no parole in the federal system.

Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Operation Blooming Onion also is designated as a Priority Transnational Organized Crime Cases.

Agencies investigating Operation Blooming Onion include Homeland Security Investigations; U.S. Citizenship and Immigration Services, Fraud Detection and National Security; the U.S. Department of Labor Office of Inspector General, and Wage and Hour Division; U.S. Department of State’s Diplomatic Security Service; the FBI; the U.S. Postal Inspection Service; U.S. Customs and Border Protection; and the U.S. Marshals Service, with assistance from the Georgia National Guard; the Georgia Bureau of Investigation; the Georgia State Patrol; the Coffee County Sheriff’s Office; the Chatham County Sheriff’s Office; the Tattnall County Sheriff’s Office; the Bacon County Sheriff’s Office; and the Tift County Sheriff’s Office. The case is being prosecuted for the United States by Assistant U.S. Attorney and Human Trafficking Coordinator Tania D. Groover, and Assistant U.S. Attorney and Criminal Division Deputy Chief E. Greg Gilluly Jr., and Assistant U.S. Attorney Xavier A. Cunningham, Section Chief of the Asset Recovery Unit.

If you believe you have information about a potential trafficking situation call the National Human Trafficking Hotline at 1-888-373-7888. Anti-Trafficking Hotline Advocates are available 24/7 to take reports of potential human trafficking. All reports are confidential and you may remain anonymous. Interpreters are available.  The information you provide will be reviewed by the National Hotline and forwarded to specialized law enforcement and/or service providers where appropriate. 


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