U.S. Bank has agreed to pay the United States $200 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the Federal Housing Administration (FHA) that did not meet applicable requirements, the Justice Department announced today

Jones Inlet Seafood Co., Inc., a federally-licensed fish dealer located in Point Lookout, New York, its company president, Michael G. Mihale, and the company vice-president, Bruce Larson, Jr. pleaded guilty today in federal court in Central Islip, New York., to federal felonies stemming from their role in systematically underreporting fluke (summer flounder) that was being harvested as part of the federal Research Set-Aside (RSA) Program, the Justice Department’s Environment and Natural Resources Division announced

Benjamin Franklin Pass, 61, and P&W Waste Oil Services Inc. (P&W), of Leland, North Carolina were sentenced today in federal court in Raleigh, North Carolina. Pass was sentenced to 42 months in prison and ordered to pay restitution in the amount of $21,373,143.38 for clean-up costs associated with the environmental contamination at his business and an additional $538,857 to the Internal Revenue Service (IRS) for federal income taxes he failed to pay between 2002 and 2011

The Justice Department announced the filing of a lawsuit today against Entergy Corporation for violating Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974

The Justice Department announced today that it has filed a complaint against Midwest Neurosurgeons L.L.C. and its owner, Dr. Sanjay Fonn, M.D., and DS Medical L.L.C. and its owner, Deborah Seeger, for allegedly violating the Medicare Anti-Kickback Statute and the False Claims Act by conspiring to solicit and receive commissions from medical device manufacturers related to the purchase of spinal implants and supplies used during spinal fusion surgeries performed by Dr. Fonn

Acting Assistant Attorney General Molly Moran for the Civil Rights Division and United States Attorney Bill Nettles announced today that Reginald Wayne Miller, of Marion, South Carolina, has entered a guilty plea in federal court in Florence to fraud in foreign labor contracting. Additionally, Miller entered a guilty plea to visa fraud and wage and hour violations. United States District Judge R. Bryan Harwell of Florence accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. probation office.

by Joshua Kaplan and Benjamin Hardy

On April 17 in Toledo, Ohio, a 19-year-old black man was arrested for violating the state stay-at-home order. In court filings, police say he took a bus from Detroit to Toledo “without a valid reason.” Six young black men were arrested in Toledo last Saturday while hanging out on a front lawn; police allege they were “seen standing within 6 feet of each other.” In Cincinnati, a black man was charged with violating stay-at-home orders after he was shot in the ankle on April 7; according to a police affidavit, he was talking to a friend in the street when he was shot and was “clearly not engaged in essential activities.”

Ohio’s health director, Dr. Amy Acton, issued the state’s stay-at-home order on March 22, prohibiting people from leaving their home except for essential activities and requiring them to maintain social distancing “at all times.” A violation of the order is a misdemeanor, punishable by up to 90 days in jail and a $750 fine. Since the order, hundreds of people have been charged with violations across Ohio.

The state has also seen some of the most prominent protests against state stay-at-home orders, as large crowds gather on the statehouse steps to flout the directives. But the protesters, most of them white, have not faced arrest. Rather, in three large Ohio jurisdictions ProPublica examined, charges of violating the order appear to have fallen disproportionately on black people.

ProPublica analyzed court records for the city of Toledo and for the counties that include Columbus and Cincinnati, three of the most populous jurisdictions in Ohio. In all of them, ProPublica found, black people were at least four times as likely to be charged with violating the stay-at-home order as white people.

As states across the country attempt to curb the spread of COVID-19, stay-at-home orders have proven instrumental in the fight against the novel coronavirus; experts credit aggressive restrictions with flattening the curve in the nation’s hotbeds. Many states’ orders carry criminal penalties for violations of the stay-at-home mandates. But as the weather warms up and people spend more time outside, defense lawyers and criminal justice reform advocates fear that black communities long subjected to overly aggressive policing will face similarly aggressive enforcement of stay-at-home mandates.

In Ohio, ProPublica found, the disparities are already pronounced.

As of Thursday night in Hamilton County, which is 27% black and home to Cincinnati, there were 107 charges for violating the order; 61% of defendants are black. The majority of arrests came from towns surrounding Cincinnati, which is 43% black. Of the 29 people charged by the city’s Police Department, 79% were black, according to data provided to ProPublica by the Hamilton County Public Defender.

In Toledo, where black people make up 27% of the population, 18 of the 23 people charged thus far were black.

Lt. Kellie Lenhardt, a spokeswoman for the Toledo Police Department, said that in enforcing the stay-at-home order, the department’s goal is not to arrest people and that officers are primarily responding to calls from people complaining about violations of the order. She told ProPublica that if the police arrested someone, the officers believed they had probable cause, and that while biased policing would be “wrong,” it would also be wrong to arrest more white people simply “to balance the numbers.”

In Franklin County, which is 23.5% black, 129 people were arrested between the beginning of the stay-at-home order and May 4; 57% of the people arrested were black.

In Cleveland, which is 50% black and is the state’s second-largest city, the Municipal Court’s public records do not include race data. The court and the Cleveland Police Department were unable to readily provide demographic information about arrests to ProPublica, though on Friday, the police said they have issued eight charges so far.

In the three jurisdictions, about half of those charged with violating the order were also charged with other offenses, such as drug possession and disorderly conduct. The rest were charged only with violating the order; among that group, the percentage of defendants who were black was even higher.

Franklin Country is home to Columbus, where enforcement of the stay-at-home order has made national headlines for a very different reason. Columbus is the state capital and Ohio’s largest city with a population of almost 900,000. In recent weeks, groups of mostly white protesters have campaigned against the stay-at-home order on the Statehouse steps and outside the health director’s home. Some protesters have come armed, and images have circulated of crowds of demonstrators huddled close, chanting, many without masks.

No protesters have been arrested for violating the stay-at-home order, a spokesperson for the Columbus mayor’s office told ProPublica. Thomas Hach, an organizer of a group called Free Ohio Now, said in an email that he was not aware of any arrests associated with protests in the entire state. The Columbus Division of Police did not respond to ProPublica’s request for comment.

Ohio legislators are contemplating reducing the criminal penalties for violating the order. On Wednesday, the state House passed legislation that would eliminate the possibility of jail time for stay-at-home violators. A first offense would result in a warning, and further violations would result in a small fine. The bill is pending in the state Senate.

Penalties for violating stay-at-home orders vary across the country. In many states, including California, Florida, Michigan and Washington, violations can land someone behind bars. In New York state, violations can only result in fines. In Baltimore, police told local media they had only charged two people with violations; police have reportedly relied on a recording played over the loudspeakers of squad cars: “Even if you aren’t showing symptoms, you could still have coronavirus and accidentally spread it to a relative or neighbor. Being home is being safe. We are all in this together.”

Enforcement has often resulted in controversy. In New York City, a viral video showed police pull out a Taser and punch a black man after they approached a group of people who weren’t wearing masks. Police say the man who was punched took a “fighting stance” when ordered to disperse. In Orlando, police arrested a homeless man walking a bicycle because he was not obeying curfew. In Hawaii, charges against a man accused of stealing a car battery, normally a misdemeanor punishable by up to 30 days in jail, were enhanced to a felony, which can result in 10 years in prison, because police and prosecutors said he was in violation of the state order.

The orders are generally broad, and decisions about which violations to treat as acceptable and which ones to penalize have largely been left to local police departments’ discretion.

Kristen Clarke, president of the Lawyers’ Committee for Civil Rights Under Law, a legal organization focused on racial justice, said such discretion has opened the door to police abuse, and she said the U.S. Department of Justice or state governments should issue detailed guidelines about when to make arrests. That discretion “is what’s given rise to these rogue practices,” she told ProPublica, “that are putting black communities and communities of color with a target on their backs.”

In jails and prisons around the country, inmates have fallen ill or died from COVID-19 as the virus spreads rapidly through the facilities. Many local governments have released some inmates from jail and ordered police to reduce arrests for minor crimes. But in Hamilton County, some people charged with failing to maintain social distancing have been kept in jail for at least one night, even without any other charges. Recently, two sheriff’s deputies who work in the jail tested positive for COVID-19. “The cops put their hands on them, they cram them in the car, they take them to the [jail], which has 800 to 1400 people, depending on the night,” said Sean Vicente, director of the Hamilton County Public Defender’s misdemeanor division. “It’s often so crowded everyone’s just sitting on the floor.”

Clarke said the enforcement push is sometimes undercutting the public health effort: “Protecting people’s health is in direct conflict with putting people in overcrowded jails and prisons that have been hotbeds for the virus.”

Court records show that the Cincinnati Police Department has adopted some surprising applications of the law.

Six people were charged with violations of the order after they were shot. Only one was charged with another crime as well, but police affidavits state that when they were shot, they were or likely were in violation of the order. One man was shot in the ankle while talking to a friend, according to court filings, and “was clearly not engaged in essential activities.” Another was arrested with the same explanation; police wrote that he had gone to the hospital with a gunshot wound. The Cincinnati Police Department did not respond to ProPublica’s requests for comment.

In Springfield Township, a small, mostly white Cincinnati suburb, nine people have been arrested for violating the order thus far. All of them are black.

Springfield Township Police Chief Robert Browder told ProPublica in an email that the department is “an internationally accredited law enforcement organization” and has “strict policies ... to ensure that our zero tolerance policy prohibiting bias-based profiling is adhered to.”

Browder said race had not played a role in his department’s enforcement of the order and that he was “appalled if that is the insinuation.”

Several of the black people arrested in Springfield Township were working for a company that sells books and magazine subscriptions door to door. One of the workers, Carl Brown, 50, said he and five colleagues were working in Springfield Township when two members of the team were arrested while going door to door. Police called the other sales people, and when they arrived at the scene, they too were arrested. Five of them, including Brown, were charged only with violating the stay-at-home order; the sixth sales person had an arrest warrant in another state, according to Browder, and police also charged her for giving them false identification.

Brown said one of the officers had left the group with a warning: They should never come back, and if they do, it’s “going to be worse.”

Browder denied that the officers made such a threat, and he said the police had received calls from residents about the sales people and their tactics and that the sales people had failed to register with the Police Department, as required for door-to-door solicitation.

Other violations in Hamilton County have been more egregious, but even in some of those cases, the law enforcement response has stirred controversy. On April 4, a man who had streamed a party on Facebook Live, saying, “We don’t give a fuck about this coronavirus,” was arrested in Cincinnati’s Over-the-Rhine neighborhood, the setting of a 2001 riot after police fatally shot an unarmed black man.

The man who streamed the party, Rashaan Davis, was charged with violating the stay-at-home order and inciting violence, and his bond was set at $350,000.

After Judge Alan Triggs said he would release Davis from jail pretrial because the offense charged was nonviolent, local media reported, prosecutors dropped the misdemeanor and said they would focus on the charge of inciting violence, a felony.

The Hamilton County prosecutor’s office declined to comment on Davis’ case.

In Toledo, there’s been public controversy around perceived differences in the application of the law. On April 21, debate at the Toledo City Council meeting centered around a food truck. Local politicians discussed recent arrests of young black people at house parties, some contrasting them with a large, white crowd standing close together in line outside a BBQ stand, undisturbed by police. Councilmember Gary Johnson told ProPublica he’s asked the police chief to investigate why no one was arrested at a party he’d heard about, where white people were congregating on docks. “I don’t know the circumstances of the arrests,” he said. But “if you feel you need to go into poor neighborhoods and African American neighborhoods, you better be going into white neighborhoods too. … You have to say we’re going to be heavy-handed with the stay-at-home order or we’re going to be light with it. It has to be one or the other.”

Toledo police enforcement has not been confined to partygoers. Armani Thomas, 20, is one of the six young men arrested for not social distancing on a lawn. He told ProPublica he was sitting there with nine friends “doing nothing” when the police pulled up. Two kids ran off, and the police made the rest stay, eventually arresting “all the dudes” and letting the girls go. He was taken to the county jail, where several inmates have tested positive, for booking and released after several hours. The men’s cases are pending.

“When police see black people gathered in public, I think there’s this looming belief that they must be doing something illegal,” RaShya Ghee, a criminal defense attorney and lecturer at the University of Toledo, told ProPublica. “They’re hanging out in a yard — something illegal must have happened. Or, something illegal is about to happen.”

Lenhardt, the police lieutenant, said the six men were arrested after police received 911 calls reporting “a group gathering and flashing guns.” None of the six men were arrested on gun charges. As for the 19-year-old charged for taking the bus without reason, she said police asked him on consecutive days to not loiter at a bus station.

With more than 70,000 Americans dead from the coronavirus, government officials have not figured out how to balance the threat of COVID-19 with the harms of over policing, Clarke said. “On the one hand, we want to beat back the pandemic. That’s critical. That’s the end goal,” she told ProPublica. “On the other hand, we’re seeing social distancing being used as a pretext to arrest the very communities that have been hit hardest by the virus.”

---

All over Thanksgiving, and with only a tiny press release...

Forest department is utterly displeased with the way the Navi Mumbai Municipal Corporation (NMMC) is going about implementing its tree belt project. On Friday, a range forest officer carried out a panchnama, a copy of which is with mid-day, listing the violations so far.

The panchnama states that the tree plantation done by NMMC contractors is inappropriate — the forest department had warned that plantation should be at least 50 metres away from the buffer zone surrounding the mangroves; and yet, it has been done right next to the boundary. The contractors have also allegedly cut the grown trees improperly and dumped the debris amid the mangroves.

Seeing red over green
An environment activist of Vashi, Rohit Malhotra, said, "NMMC removed 200 trees from the plot opposite Fortis Hospital, while dozens of fully grown and numbered trees inside the Rajiv Gandhi Joggers Park adjoining this plot have been felled, on the ground that were Subabul trees. All this has been done with much impunity... I had lodged a complaint with Prakesh Choudhary, range forest officer of Thane Division, who then deputed range officer Pandurang Gaikwad to survey the site. Mr Gaikwad has prepared the panchnama."

Residents had emailed their complaint to Dinesh Kumar Jain, chief secretary of Maharashtra, who has forwarded it to secretary of the forest department for necessary action.

A forest officer, confirming all violations, said, "I shouted at the contractors when I saw that some trees that were not on the list had been cut. Also, they removed soil from around others in such a way that the trees have tilted.

"However, senior forest officers have refused to sign the panchnama, saying they will settle the matter." "NMMC had taken permission from us to cut the Subabul trees in June 20... But I didn't know they dumped the debris amid mangroves. Also, the plantation in the buffer zone was done without our knowledge. I will visit the spot and decide on further action," said Choudhary.

The other side
NMMC Commissioner N Ramaswamy said, "We took all required permissions to cut the trees and for the project. About this particular complaint, I will check and take action accordingly."

The violations

• Planting trees close to mangroves, in violation of buffer zone distance restrictions
• Hacking full-grown trees inappropriately
• Dumping the cut parts amid the mangroves

Catch up on all the latest Mumbai news, crime news, current affairs, and also a complete guide on Mumbai from food to things to do and events across the city here. Also download the new mid-day Android and iOS apps to get latest updates

Enforcing prohibitory orders strictly, the Maharashtra police have registered over 85,500 offences against lockdown violators across the state and arrested 16,962 people so far, an official said on Thursday. While combating COVID-19 and enforcing lockdown since late March, police have registered offences under section 188 of IPC against 85,586 persons, who violated prohibitory orders, he said. Section 188 of the Indian Penal Code is related to disobedience to order duly promulgated by public servant.

Also, 16,962 people were arrested for violation of lockdown-related norms, he said. During the period, at least 161 police personnel, 21 of them officers, have tested coronavirus positive, he said. At least 167 cases of assault on police have been filed in the state in which 580 accused persons have been arrested so far, he said. Police have registered 1,237 offences of illegal transportation and seized more than 50,000 vehicles during the lockdown period, he said.

Police collected Rs 3.02 crore as fine for various offences during the period, he said. At least 622 persons were detained by police for violation of quarantine norms, he added.

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The Supreme Court on Tuesday declined to entertain a PIL by former Uttar Pradesh police chief Vikram Singh seeking direction to quash nearly 75,000 FIRs registered for violating orders of lockdown and petty offences during the coronavirus pandemic.

The #SupremeCourt on Tuesday declined to entertain a PIL by former #UttarPradesh police chief Vikram Singh seeking direction to quash nearly 75,000 FIRs registered for violating orders of #lockdown and petty offences during the #coronaviruspandemic. pic.twitter.com/1xiNJ5qoqQ

— IANS Tweets (@ians_india) May 5, 2020

A bench comprising Justice Ashok Bhushan, Justices Sanjay Kishan Kaul and B.R. Gavai questioned Singh's counsel, "You want there should be no FIR and this (Section 188 IPC) should not be invoked...then how can the lockdown be enforced?"

The bench wondered why such petitions were coming to the apex court? Singh's PIL sought quashing of nearly 75,000 FIRs registered under Section 188 of the IPC and other provisions for violation of the Covid-19 lockdown.

Senior advocate Gopal Sankaranarayanan said this person has been on the field and also has experience. "The submission is that we cannot have rule of law, which is selective. You cannot have one rule of law for those who have to travel by chartered flights...," said the advocate.

Justice Kaul replied he "can see an agenda". The lawyer contended that if the law didn't permit registration of FIRs then the NDMA law cannot be allowed for registration of FIRs. He told the bench that cases have been registered against migrants and those withdrawing money from ATMs.

Singh filed the PIL in his capacity as the Chairman of a think-tank -- Centre for Accountability and Systemic Change (CASC). He requested the apex court to issue directions, under the Disaster Management Act 2005, to state governments to not file complaints under Section 188 of the IPC or for other petty offences during the lockdown.

"Police action on an individual who is perhaps suffering from distress and lack of information as a result of the circumstances has ramifications which can extend beyond the coronavirus lockdown, and cannot be good for a constitutional democracy. The situation needs to be handled humanely, and it will be best to avoid adding aspects of criminality, wherever possible," Singh's plea stated.

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RIATH AL-SAMARRAI: The explosive development follows a four-year investigation by the US Anti-Doping Agency into the work done by the coach, who runs the Nike Oregon Project.

Harris, 32, was killed when she was thrown from the motorcycle she was riding through a plate-glass window while filming a stand-in scene for actress Zazie Beetz on location in Vancouver, Canada.

The Telangana Police will soon rollout an Artificial Intelligence (AI)- based system through CCTVs to check face mask norm violations. Describing it as a first such initiative in the country,State DGP M Mahendar Reddy has tweeted that the system shall be enabled shortly across the three police commissionerates of Hyderabad, Cyberabad and Rachakonda which cover Hyderabad and its suburbs. He said the initiative involved leveraging computer vision and deep learning techniques on closed cirucuit television (cctvs) "#AI based #FaceMaskViolationEnforcement is being rolled out by TS police. Leveraging ComputerVision & #DeepLearningTechnique being implemented on surveillance CCTVs across the cities is #FirstOfItsKind in INDIA. Shall be enabled shortly across the 3Commissionerates *Hyd,Cyb&Rck," he said. The state government, which has made wearing a mask mandatory in public places, on Thursday issued orders imposing Rs 1000 as fine for those not complying with it. "In ...

Over one lakh cases of lockdown violations were registered and 19,297 persons were arrested ever since prohibitory orders were enforced in Maharashtra in light of the COVID-19 pandemic, police said on Saturday. At least 1.02 lakh cases were registered under section 188 (disobeying an order passed by a public servant) of the Indian Penal Code, an official said. As many as 714 personnel, including 81 officers, of Maharashtra police contracted COVID-19, and of these 61 had recovered from the infection, he said. Maximum number of coronavirus cases reported in the police department were from Mumbai, he added. At least 194 cases of attacks on policemen were reported in various parts of the state, while 680 persons were arrested in these incidents and 73 policemen and a home guard were injured in these attacks, the official said. Nearly 32 cases of attacks on health workers were reported in the state till Saturday, he added. Meanwhile, the police have registered 1,289 offences of

A recent observation of the Supreme Court, while hearing a petition filed by a filmmaker challenging censorship of his documentary, has left advocates of human rights in the country anguished and puzzled. Shoma A Chatterji explains why.

The Telangana Police will soon rollout an Artificial Intelligence (AI)- based system through CCTVs to check face mask norm violations.

98 ceasefire violations have taken place in Jammu, while other have taken place in Kashmir.

BSF troops observed suspicious movement along IB near Kulian-Suchetpur outpost.

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