“Text of Holder Speech”

August 13, 2013

The Wall Street Journal on August 12, 2013 released the following:

Here is the full text of Attorney General Eric Holder‘s speech on criminal justice at the American Bar Association in San Francisco, as prepared for delivery:

Thank you, Bob Carlson, for those kind words – and for your exemplary service as Chair of the American Bar Association’s House of Delegates. It’s a pleasure to be with you this morning. And it’s a privilege to join so many friends, colleagues, and leaders – including U.S. Attorney for the Northern District of California Melinda Haag – here in San Francisco for the ABA’s 2013 Annual Meeting.

I’d like to thank your Delegates for all that they’ve done to bring us together this week – and for their dedication to serving as faithful stewards of the greatest legal system the world has ever known. From its earliest days, our Republic has been bound together by this system, and by the values that define it. These values – equality, opportunity, and justice under law – were first codified in the United States Constitution. And they were renewed and reclaimed – nearly a century later – by this organization’s earliest members.

With the founding of the ABA in 1878, America’s leading legal minds came together – for the first time – to revolutionize their profession. In the decades that followed, they created new standards for training and professional conduct. And they established the law as a clear and focused vocation at the heart of our country’s identity.

Throughout history, Americans of all backgrounds and walks of life have turned to our legal system to settle disputes, but also to hold accountable those who have done wrong – and even to answer fundamental questions about who we are and who we aspire to be. On issues of slavery and segregation; voting and violence; equal rights and equal justice – generations of principled lawyers have engaged directly in the work of building a more perfect Union. Today, under the leadership of my good friend, President Laurel Bellows, this organization is fighting against budget cuts that undermine the ability of our courts to administer justice. You’re standing with me – and with my colleagues across the Obama Administration – in calling for Congressional action on common-sense measures to prevent and reduce gun violence. And you’re advancing our global fight against the heinous crime of human trafficking.

In so many ways, today’s ABA is reminding us that, although our laws must be continually updated, our shared dedication to the cause of justice – and the ideals set forth by our Constitution – must remain constant. It is this sense of dedication that brings me to San Francisco today – to enlist your partnership in forging a more just society. To ask for your leadership in reclaiming, once more, the values we hold dear. And to draw upon the ABA’s legacy of achievement in calling on every member of our profession to question that which is accepted truth; to challenge that which is unjust; to break free of a tired status quo; and to take bold steps to reform and strengthen America’s criminal justice system – in concrete and fundamental ways.

It’s time – in fact, it’s well past time – to address persistent needs and unwarranted disparities by considering a fundamentally new approach. As a prosecutor; a judge; an attorney in private practice; and now, as our nation’s Attorney General, I’ve seen the criminal justice system firsthand, from nearly every angle. While I have the utmost faith in – and dedication to – America’s legal system, we must face the reality that, as it stands, our system is in too many respects broken. The course we are on is far from sustainable. And it is our time – and our duty – to identify those areas we can improve in order to better advance the cause of justice for all Americans.

Even as most crime rates decline, we need to examine new law enforcement strategies – and better allocate resources – to keep pace with today’s continuing threats as violence spikes in some of our greatest cities. As studies show that six in ten American children are exposed to violence at some point in their lives – and nearly one in four college women experience some form of sexual assault by their senior year – we need fresh solutions for assisting victims and empowering survivors. As the so-called “war on drugs” enters its fifth decade, we need to ask whether it, and the approaches that comprise it, have been truly effective – and build on the Administration’s efforts, led by the Office of National Drug Control Policy, to usher in a new approach. And with an outsized, unnecessarily large prison population, we need to ensure that incarceration is used to punish, deter, and rehabilitate – not merely to warehouse and forget.

Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities. And many aspects of our criminal justice system may actually exacerbate these problems, rather than alleviate them.

It’s clear – as we come together today – that too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason. It’s clear, at a basic level, that 20th-century criminal justice solutions are not adequate to overcome our 21st-century challenges. And it is well past time to implement common sense changes that will foster safer communities from coast to coast.

These are issues the President and I have been talking about for as long as I’ve known him – issues he’s felt strongly about ever since his days as a community organizer on the South Side of Chicago. He’s worked hard over the years to protect our communities, to keep violent criminals off our streets, and to make sure those who break the law are held accountable. And he’s also made it part of his mission to reduce the disparities in our criminal justice system. In Illinois, he passed legislation that addressed racial profiling and trained police departments on how they could avoid racial bias. And in 2010, this Administration successfully advocated for the reduction of the unjust 100-to-1 sentencing disparity between crack and powder cocaine.

That’s the balance the President and I have tried to strike – because it’s important to safeguard our communities and stay true to our values. And we’ve made progress. But as you heard the President say a few weeks ago when he spoke about the Trayvon Martin case, he also believes – as I do – that our work is far from finished.

That’s why, over the next several months, the President will continue to reach out to Members of Congress from both parties – as well as governors, mayors, and other leaders – to build on the great work being done across the country to reduce violent crime and reform our criminal justice system. We need to keep taking steps to make sure people feel safe and secure in their homes and communities. And part of that means doing something about the lives being harmed, not helped, by a criminal justice system that doesn’t serve the American people as well as it should.

At the beginning of this year, I launched a targeted Justice Department review of the federal system – to identify obstacles, inefficiencies, and inequities, and to address ineffective policies. Today, I am pleased to announce the results of this review – which include a series of significant actions that the Department has undertaken to better protect the American people from crime; to increase support for those who become victims; and to ensure public safety by improving our criminal justice system as a whole. We have studied state systems and been impressed by the policy shifts some have made. I hope other state systems will follow our lead and implement changes as well. The changes I announce today underscore this Administration’s strong commitment to common sense criminal justice reform. And our efforts must begin with law enforcement.

Particularly in these challenging times – when budgets are tight, federal sequestration has imposed untenable and irresponsible cuts, and leaders across government are being asked to do more with less – coordination between America’s federal, state, local, and tribal law enforcement agencies has never been more important. It’s imperative that we maximize our resources by focusing on protecting national security; combating violent crime; fighting against financial fraud; and safeguarding the most vulnerable members of our society.

This means that federal prosecutors cannot – and should not – bring every case or charge every defendant who stands accused of violating federal law. Some issues are best handled at the state or local level. And that’s why I have today directed the United States Attorney community to develop specific, locally-tailored guidelines – consistent with our national priorities – for determining when federal charges should be filed, and when they should not.

I’ve also issued guidance to ensure that every case we bring serves a substantial federal interest and complements the work of our law enforcement partners. I have directed all U.S. Attorneys to create – and to update – comprehensive anti-violence strategies for badly-afflicted areas within their districts. And I’ve encouraged them to convene regular law enforcement forums with state and local partners to refine these plans, foster greater efficiency, and facilitate more open communication and cooperation.

By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime “hot spots,” and pursuing new ways to promote public safety, deterrence, efficiency, and fairness – we in the federal government can become both smarter and tougher on crime. By providing leadership to all levels of law enforcement – and bringing intelligence-driven strategies to bear – we can bolster the efforts of local leaders, U.S. Attorneys, and others in the fight against violent crime.

Beyond this work, through the Community Oriented Policing Services – or “COPS” – Office, the Justice Department is helping police departments keep officers on the beat while enhancing training and technical support. Over the last four years, we have allocated more than $1.5 billion through the COPS Hiring Program to save or create over 8,000 jobs in local law enforcement. In the coming weeks, we will announce a new round of COPS grants – totaling more than $110 million – to support the hiring of military veterans and school resource officers throughout the country.

In addition, through our landmark Defending Childhood Initiative and the National Forum on Youth Violence Prevention, we’re rallying federal leaders, state officials, private organizations, and community groups to better understand, address, and prevent young people’s exposure to violence. We have assembled a new Task Force to respond to the extreme levels of violence faced by far too many American Indian and Alaska Native children. Next month, we will launch a national public awareness campaign – and convene a Youth Violence Prevention Summit – to call for comprehensive solutions. And, through the Department’s Civil Rights Division and other components, we’ll continue to work with allies – like the Department of Education and others throughout the federal government and beyond – to confront the “school-to-prison pipeline” and those zero-tolerance school discipline policies that do not promote safety, and that transform too many educational institutions from doorways of opportunity into gateways to the criminal justice system. A minor school disciplinary offense should put a student in the principal’s office and not a police precinct.

We’ll also continue offering resources and support to survivors of sexual assault, domestic violence, and dating violence. Earlier this summer, I announced a new Justice Department initiative – known as Vision 21 – which offers an unprecedented snapshot of the current state of victim services. It calls for sweeping, evidence-based changes to bring these services into the 21st century, and to empower all survivors by closing research gaps and developing new ways to reach those who need our assistance the most.

This work shows tremendous promise. I’m hopeful that it will help to bring assistance and healing to more and more crime victims across the country. But it is only the beginning.

More broadly, through the Department’s Access to Justice Initiative, the Civil Rights Division, and a range of grant programs, this Administration is bringing stakeholders together – and providing direct support – to address the inequalities that unfold every day in America’s courtrooms, and to fulfill the Supreme Court’s historic decision in Gideon v. Wainwright. Fifty years ago last March, this landmark ruling affirmed that every defendant charged with a serious crime has the right to an attorney, even if he or she cannot afford one. Yet America’s indigent defense systems continue to exist in a state of crisis, and the promise of Gideon is not being met. To address this crisis, Congress must not only end the forced budget cuts that have decimated public defenders nationwide – they must expand existing indigent defense programs, provide access to counsel for more juvenile defendants, and increase funding for federal public defender offices. And every legal professional, every member of this audience, must answer the ABA’s call to contribute to this cause through pro bono service – and help realize the promise of equal justice for all.

As we come together this morning, this same promise must lead us all to acknowledge that – although incarceration has a significant role to play in our justice system – widespread incarceration at the federal, state, and local levels is both ineffective and unsustainable. It imposes a significant economic burden – totaling $80 billion in 2010 alone – and it comes with human and moral costs that are impossible to calculate.

As a nation, we are coldly efficient in our incarceration efforts. While the entire U.S. population has increased by about a third since 1980, the federal prison population has grown at an astonishing rate – by almost 800 percent. It’s still growing – despite the fact that federal prisons are operating at nearly 40 percent above capacity. Even though this country comprises just 5 percent of the world’s population, we incarcerate almost a quarter of the world’s prisoners. More than 219,000 federal inmates are currently behind bars. Almost half of them are serving time for drug-related crimes, and many have substance use disorders. Nine to 10 million more people cycle through America’s local jails each year. And roughly 40 percent of former federal prisoners – and more than 60 percent of former state prisoners – are rearrested or have their supervision revoked within three years after their release, at great cost to American taxpayers and often for technical or minor violations of the terms of their release.

As a society, we pay much too high a price whenever our system fails to deliver outcomes that deter and punish crime, keep us safe, and ensure that those who have paid their debts have the chance to become productive citizens. Right now, unwarranted disparities are far too common. As President Obama said last month, it’s time to ask tough questions about how we can strengthen our communities, support young people, and address the fact that young black and Latino men are disproportionately likely to become involved in our criminal justice system – as victims as well as perpetrators.

We also must confront the reality that – once they’re in that system – people of color often face harsher punishments than their peers. One deeply troubling report, released in February, indicates that – in recent years – black male offenders have received sentences nearly 20 percent longer than those imposed on white males convicted of similar crimes. This isn’t just unacceptable – it is shameful. It’s unworthy of our great country, and our great legal tradition. And in response, I have today directed a group of U.S. Attorneys to examine sentencing disparities, and to develop recommendations on how we can address them.

In this area and many others – in ways both large and small – we, as a country, must resolve to do better. The President and I agree that it’s time to take a pragmatic approach. And that’s why I am proud to announce today that the Justice Department will take a series of significant actions to recalibrate America’s federal criminal justice system.

We will start by fundamentally rethinking the notion of mandatory minimum sentences for drug-related crimes. Some statutes that mandate inflexible sentences – regardless of the individual conduct at issue in a particular case – reduce the discretion available to prosecutors, judges, and juries. Because they oftentimes generate unfairly long sentences, they breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They – and some of the enforcement priorities we have set – have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive.

This is why I have today mandated a modification of the Justice Department’s charging policies so that certain low-level, nonviolent drug offenders who have no ties to large-scale organizations, gangs, or cartels will no longer be charged with offenses that impose draconian mandatory minimum sentences. They now will be charged with offenses for which the accompanying sentences are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins. By reserving the most severe penalties for serious, high-level, or violent drug traffickers, we can better promote public safety, deterrence, and rehabilitation – while making our expenditures smarter and more productive. We’ve seen that this approach has bipartisan support in Congress – where a number of leaders, including Senators Dick Durbin, Patrick Leahy, Mike Lee, and Rand Paul have introduced what I think is promising legislation aimed at giving federal judges more discretion in applying mandatory minimums to certain drug offenders. Such legislation will ultimately save our country billions of dollars while keeping us safe. And the President and I look forward to working with members of both parties to refine and advance these proposals.

Secondly, the Department has now updated its framework for considering compassionate release for inmates facing extraordinary or compelling circumstances – and who pose no threat to the public. In late April, the Bureau of Prisons expanded the criteria which will be considered for inmates seeking compassionate release for medical reasons. Today, I can announce additional expansions to our policy – including revised criteria for elderly inmates who did not commit violent crimes and who have served significant portions of their sentences. Of course, as our primary responsibility, we must ensure that the American public is protected from anyone who may pose a danger to the community. But considering the applications of nonviolent offenders – through a careful review process that ultimately allows judges to consider whether release is warranted – is the fair thing to do. And it is the smart thing to do as well, because it will enable us to use our limited resources to house those who pose the greatest threat.

Finally, my colleagues and I are taking steps to identify and share best practices for enhancing the use of diversion programs – such as drug treatment and community service initiatives – that can serve as effective alternatives to incarceration.

Our U.S. Attorneys are leading the way in this regard – working alongside the judiciary to meet safety imperatives while avoiding incarceration in certain cases. In South Dakota, a joint federal-tribal program has helped to prevent at-risk young people from getting involved in the federal prison system – thereby improving lives, saving taxpayer resources, and keeping communities safer. This is exactly the kind of proven innovation that federal policymakers, and state and tribal leaders, should emulate. And it’s why the Justice Department is working – through a program called the Justice Reinvestment Initiative – to bring state leaders, local stakeholders, private partners, and federal officials together to comprehensively reform corrections and criminal justice practices.

In recent years, no fewer than 17 states – supported by the Department, and led by governors and legislators of both parties – have directed funding away from prison construction and toward evidence-based programs and services, like treatment and supervision, that are designed to reduce recidivism. In Kentucky, for example, new legislation has reserved prison beds for the most serious offenders and re-focused resources on community supervision and evidence-based alternative programs. As a result, the state is projected to reduce its prison population by more than 3,000 over the next 10 years – saving more than $400 million.

In Texas, investments in drug treatment for nonviolent offenders and changes to parole policies brought about a reduction in the prison population of more than 5,000 inmates last year alone. The same year, similar efforts helped Arkansas reduce its prison population by more than 1,400. From Georgia, North Carolina, and Ohio, to Pennsylvania, Hawaii, and far beyond – reinvestment and serious reform are improving public safety and saving precious resources. Let me be clear: these measures have not compromised public safety. In fact, many states have seen drops in recidivism rates at the same time their prison populations were declining. The policy changes that have led to these welcome results must be studied and emulated. While our federal prison system has continued to slowly expand, significant state-level reductions have led to three consecutive years of decline in America’s overall prison population – including, in 2012, the largest drop ever experienced in a single year.

Clearly, these strategies can work. They’ve attracted overwhelming, bipartisan support in “red states” as well as “blue states.” And it’s past time for others to take notice.

I am also announcing today that I have directed every U.S. Attorney to designate a Prevention and Reentry Coordinator in his or her district – to ensure that this work is, and will remain, a top priority throughout the country. And my colleagues and I will keep working closely with state leaders, agency partners, including members of the Federal Interagency Reentry Council – and groups like the American Bar Association – to extend these efforts.

In recent years, with the Department’s support, the ABA has catalogued tens of thousands of statutes and regulations that impose unwise and counterproductive collateral consequences – with regard to housing or employment, for example – on people who have been convicted of crimes. I have asked state attorneys general and a variety of federal leaders to review their own agencies’ regulations. And today I can announce that I’ve directed all Department of Justice components, going forward, to consider whether any proposed regulation or guidance may impose unnecessary collateral consequences on those seeking to rejoin their communities.

The bottom line is that, while the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation. To be effective, federal efforts must also focus on prevention and reentry. We must never stop being tough on crime. But we must also be smart and efficient when battling crime and the conditions and the individual choices that breed it.

Ultimately, this is about much more than fairness for those who are released from prison. It’s a matter of public safety and public good. It makes plain economic sense. It’s about who we are as a people. And it has the potential to positively impact the lives of every man, woman, and child – in every neighborhood and city – in the United States. After all, whenever a recidivist crime is committed, innocent people are victimized. Communities are less safe. Burdens on law enforcement are increased. And already-strained resources are depleted even further.

Today – together – we must declare that we will no longer settle for such an unjust and unsustainable status quo. To do so would be to betray our history, our shared commitment to justice, and the founding principles of our nation. Instead, we must recommit ourselves – as a country – to tackling the most difficult questions, and the most costly problems, no matter how complex or intractable they may appear. We must pledge – as legal professionals – to lend our talents, our training, and our diverse perspectives to advancing this critical work. And we must resolve – as a people – to take a firm stand against violence; against victimization; against inequality – and for justice.

This is our chance – to bring America’s criminal justice system in line with our most sacred values.

This is our opportunity – to define this time, our time, as one of progress and innovation.

This is our promise – to forge a more just society.

And this is our solemn obligation, as stewards of the law, and servants of those whom it protects and empowers: to open a frank and constructive dialogue about the need to reform a broken system. To fight for the sweeping, systemic changes we need. And to uphold our dearest values, as the ABA always has, by calling on our peers and colleagues not merely to serve their clients, or win their cases – but to ensure that – in every case, in every circumstance, and in every community – justice is done.

This, after all, is the cause that has been our common pursuit for more than two centuries, the ideal that has guided the ABA since its inception, and the goal that will drive additional actions by President Obama – and leaders throughout his Administration – in the months ahead. Of course, we recognize – as you do – that the reforms I’ve announced today, and others that we must consider, explore, and implement in the coming years, will not take hold overnight. There will be setbacks and false starts. We will encounter resistance and opposition.

But if we keep faith in one another, and in the principles we’ve always held dear; if we stay true to the ABA’s history as a driver of positive change; and if we keep moving forward together – knowing that the need for this work will outlast us, but determined to make the difference that we seek – then I know we can all be confident in where these efforts will lead us. I look forward to everything that we will undoubtedly achieve. And I will always be proud to stand alongside you in building the brighter, more just, and more prosperous future that all of our citizens deserve.

Thank you.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


“Edward Snowden Won’t Face Death Penalty: Eric Holder”

July 26, 2013

The Huffington Post on July 26, 2013 released the following:

“WASHINGTON — Attorney General Eric Holder has told the Russian government that the U.S. will not seek the death penalty for former National Security Agency systems analyst Edward Snowden.

In a letter dated July 23, the attorney general said the criminal charges Snowden faces do not carry the death penalty and that the U.S. will not seek the death penalty even if Snowden were charged with additional death penalty-eligible crimes.

Holder says his letter follows news reports that Snowden, who leaked information on largely secret electronic surveillance programs, has filed papers seeking temporary asylum in Russia on grounds that if he were returned to the United States, he would be tortured and would face the death penalty.

The attorney general’s letter was sent to Alexander Vladimirovich Konovalov, the Russian minister of justice.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


AG Holder and FBI Director Questioned in Leak Investigation

June 13, 2012

ABC News on June 12, 2012 released the following:

By Jason Ryan

“In what seemed to be an unusual disclosure, Attorney General Eric Holder today testified that both he and FBI Director Robert Mueller have been interviewed by FBI agents conducting the leak investigation into disclosures of the recent Al Qaeda bomb plot.

“In an abundance of caution — I’ll just say this — both the director and I have been already interviewed in connection with the knowledge that we had of those matters; at least of that matter,” Holder testified before the Senate Judiciary Committee.

Agents from the Washington Field Office have been investigating the leaks about the averted attack, which was first revealed by The Associated Press. The FBI is also investigating the source of the leak over who revealed that the individual at the center of the plot was a double agent working for Britain’s MI-6 secret intelligence service and the CIA, along with Saudi Arabian intelligence assets.

“I can also tell you that I have been interviewed already and I can tell you that that interview was not some kind of pro forma, ‘take it easy’ interview. I mean, these were serious — a serious interview that was done by some serious FBI agents. The same thing happened to the director of the FBI, as well, because we were people who had knowledge of these matters and we wanted to make sure that with regard to the investigation that it began with us,” Holder testified

Holder was extensively questioned by Republican senators about why he has not appointed a special counsel to oversee the leak investigations into the Al Qaeda in the Arabian Peninsula bomb plot and the disclosures about President Obama ordering cyber-attacks against Iran with the Stuxnet computer worm that appeared in an article in the New York Times by David Sanger. Last Friday Holder appointed Ron Machen, the U.S. attorney for the District of Colombia, and Rod Rosenstein to lead the criminal investigations.

Sen. Lindsey Graham, R-S.C., drew a connection of the leaks to the White House in his questioning of Attorney General Holder, citing Sanger’s book on Obama’s foreign policy, “Confront and Conceal.”

“Mr. Sanger clearly has enjoyed great access to senior White House officials, most notably to Thomas Donilon, the national security adviser. Mr. Donilon, in effect, is the hero of the book as well as the commentator of record on events. I don’t know what Mr. Donilon did, but according to this review and from my reading of excerpts of the book, somebody at the highest level of our government has been talking about programs that I think are incredibly sensitive,” Graham said.

“I think they are extremely serious,” Holder said about the damaging effect of the leaks but defended his appointment of the two U.S. attorney’s to lead the cases.

“The two people, I have appointed to look into these matters, are first-rate prosecutors, who will do, I think, a great job. And as we look at the history of what U.S. attorneys, who have been appointed in these kinds of cases, I think we can feel a great deal of comfort,” Holder said.

Graham said it was a double standard that Holder has not appointed a special counsel yet when compared to the leak investigation of CIA Officer Valerie Plame, which focused on the Bush White House.

“Vice President Biden was on TV morning, noon and night, urging the Bush administration to appoint a special counsel in the Valerie Plame case,” Graham said.

“As attorney general, I am seized with the responsibility of looking at allegations, controversies and making the decision on the basis of what I think is best for a successful investigation and potential prosecution,” Holder said.

In the Plame case then Attorney General John Ashcroft recused himself from the investigation when it appeared the White House may be involved. Several months after the initial investigation began then Deputy Attorney General James Comey appointed U.S. Attorney Patrick Fitzgerald as special counsel.

Under questioning from Sen. Jon Kyl, R-Ariz., Holder hinted today that he may have to recuse himself at some point.

“Could you specifically tell us whether either David Axelrod or the president or Jay Carney have a valid basis for reaching the conclusion that the case does not present a conflict of interest? Can they really say that at this point knowingly?” Kyl asked.

“Well, I would say on the basis of what I know at this early stage of the investigation, there is not a basis for a conflict determination. But it is something that we are monitoring on an ongoing basis. Director Mueller and I have both set up in place at the Justice Department and the FBI a mechanism so that we can be advised on the possibility of a conflict. And if, at some point, the people who have been given that responsibility indicate to Bob — to Director Mueller or to me that we are in a conflict situation, we will act appropriately,” Holder said.

Texas Republican Sen. John Cornyn, who had called for Holder’s resignation during the hearing, asked Holder if he was concerned that U.S. Attorney Ron Machen, who is heading up one of the criminal leak investigations, had made $4,600 in political donations to the Obama campaign in 2007 and 2008 before he was appointed U.S. attorney.

“Would it surprise you to know that he is a political contributor to President Obama’s campaign and indeed serves as a volunteer in ‘Obama for America,’ and assisted in the vetting of potential vice presidential candidates?” Cornyn asked.

“I am confident that he has the ability, the capacity to investigate this case in a non-partisan, independent, thorough and aggressive way,” Holder responded.

Following Holder’s hearing Sen. John McCain, R-Ariz., introduced a resolution in the Senate calling for the appointment of a special counsel to investigate the string of recent national security and intelligence leaks.”

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Eric Holder appoints 2 US attorneys to lead leaks probe

June 9, 2012

Boston Herald on June 9, 2012 released the following:

“By Associated Press

WASHINGTON — Two U.S. attorneys are taking over separate FBI investigations into leaks of national security information that critics have accused the White House of orchestrating to improve President Barack Obama’s re-election chances, a claim Obama calls “offensive” and “wrong.”

Recent news articles contained details of U.S. involvement in a partially successful computer virus attack on Iran’s nuclear program and on the selection of targets for counterterrorism assassination plots. The leaked information generally painted Obama as a decisive and hands-on commander in chief.

“The notion that my White House would purposely release classified national security information is offensive. It’s wrong,” Obama told reporters at a news conference Friday. “And people I think need to have a better sense of how I approach this office and how the people around me here approach this office.”

Obama promised investigations into the source of leaks about U.S. involvement in cyberattacks on Iran and drone strikes on suspected terrorists.

“We’re dealing with issues that can touch on the safety and security of the American people, our families or our military personnel or our allies, and so we don’t play with that,” he said.

Hours later, Attorney General Eric Holder announced that two U.S. attorneys will lead a pair of criminal investigations already under way into possible unauthorized disclosures of classified information within the executive and legislative branches of government.

Holder said he was confident the prosecutors would follow the facts and evidence wherever they led.

“The unauthorized disclosure of classified information can compromise the security of this country and all Americans, and it will not be tolerated,” he said.

Holder assigned Ronald Machen, the U.S. attorney for the District of Columbia, and Rod Rosenstein, the U.S. attorney for the District of Maryland, to direct separate probes that are already being conducted by the FBI.

Three weeks ago, FBI Director Robert Mueller said the bureau had launched an investigation into who leaked information about an al-Qaida plot to place an explosive device aboard a U.S.-bound airline flight. Separately, calls from Capitol Hill have mounted urging a leak probe into a New York Times [NYT] story a week ago about U.S. involvement in cyberattacks on Iran.

Obama said his administration has “zero tolerance” for such leaks and that there would be an internal administration probe.

“We have mechanisms in place where if we can root out folks who have leaked, they will suffer consequences,” the president said. “In some cases, it’s criminal. These are criminal acts when they release information like this. And we will conduct thorough investigations, as we have in the past.”

Leaders of the Senate and House intelligence committees said Thursday they were drafting legislation to further limit access to highly classified information and possibly impose new penalties for revealing it. The chairman of the House Intelligence Committee said he will investigate recent leaks.

Lawmakers have pointed to recent stories by The New York Times, The Associated Press and other news organizations that contain previously secret information and cite anonymous U.S. officials.

The strongest claims came Tuesday from Obama’s 2008 election opponent, Sen. John McCain, R-Ariz.

“They’re intentionally leaking information to enhance President Obama’s image as a tough guy for the elections,” McCain said after taking to the Senate floor to list some of the alleged breaches. “That is unconscionable.”

McCain called on the administration to appoint an outside special counsel to investigate.

In a statement Friday, McCain and Sen. Lindsey Graham, R-S.C., said Holder’s decision “falls far short of what is needed” and repeated McCain’s call for a special counsel.

The House Intelligence Committee chairman, Rep. Mike Rogers, R-Mich., said his committee would formally investigate the leaks but that he was concerned about the level of cooperation he would get from two government agencies.

“Just today, the CIA informed the (committee) that it cannot respond to our request for information regarding the leaks, a very troubling event indeed,” Rogers said.

The CIA has come under fire for allegedly sharing with Hollywood filmmakers classified details of last year’s U.S. raid into Pakistan that killed Osama bin Laden.

A Justice Department official, who spoke on condition of anonymity to discuss sensitive information, said that some officials in the department’s national security division recused themselves from one of the leak probes but that the department overall was investigating.

There are at least three investigations ongoing into disclosures of classified information.

Before becoming U.S. attorney, Machen helped lead the white-collar and internal investigation practices at the prominent Washington law firm of WilmerHale. He served as an assistant U.S. attorney from 1997 to 2001.

Machen is leading a high-profile political corruption probe of officials in the District of Columbia. The latest development in that investigation came this week when District of Columbia Council chairman Kwame Brown resigned after being charged with lying about his income on bank loan applications and violating a city campaign law.

Brown pleaded guilty Friday.

Rosenstein was an associate independent counsel who worked for Whitewater prosecutor Ken Starr from 1995 to 1997. He was co-counsel in the fraud trial of Jim and Susan McDougal, the former real estate partners of Bill and Hillary Rodham Clinton. Both of the McDougals were convicted in a trial that also resulted in the conviction of then-Arkansas Gov. Jim Guy Tucker.

The chairman of the House Judiciary Committee, Rep. Lamar Smith, R-Texas, said he hopes that the Justice Department brings “the full force of the law against these criminals.”

“We need to send a clear message to anyone who considers leaking sensitive information and putting Americans at risk: If you leak classified information, you will face jail time,” Smith said in a statement.

The chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, D-Vt., called Machen and Rosenstein “strong, capable, independent prosecutors” and said the Justice Department’s consultation with the Judiciary and Intelligence committees was an aid to congressional oversight.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Medicare Fraud Strike Force Charges 107 Individuals for Approximately $452 Million in Alleged False Billing

May 2, 2012

The Federal Bureau of Investigation (FBI) on May 2, 2012 released the following:

“WASHINGTON— Attorney General Eric Holder and Health and Human Services (HHS) Secretary Kathleen Sebelius announced today that a nationwide takedown by Medicare Fraud Strike Force operations in seven cities has resulted in charges against 107 individuals, including doctors, nurses, and other licensed medical professionals, for their alleged participation in Medicare fraud schemes involving approximately $452 million in false billing.

Attorney General Holder and Secretary Sebelius were joined in the announcement by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, FBI Deputy Director Sean Joyce, Deputy Inspector General for Investigations Gary Cantrell of the HHS Office of Inspector General (HHS-OIG), and Dr. Peter Budetti, Deputy Administrator for Program Integrity of the Centers for Medicare and Medicaid Services (CMS).

This coordinated takedown involved the highest amount of false Medicare billings in a single takedown in strike force history.

HHS also suspended or took other administrative action against 52 providers following a data-driven analysis and credible allegations of fraud. The new health care law, the Affordable Care Act, significantly increased HHS’s ability to suspend payments until an investigation is complete.

The joint Department of Justice and HHS Medicare Fraud Strike Force is a multi-agency team of federal, state, and local investigators designed to combat Medicare fraud through the use of Medicare data analysis techniques. More than 500 law enforcement agents from the FBI, HHS-Office of Inspector General (HHS-OIG), multiple Medicaid Fraud Control Units, and other state and local law enforcement agencies participated in the takedown. In addition to making arrests, agents also executed 20 search warrants in connection with ongoing strike force investigations.

“The results we are announcing today are at the heart of an administration-wide commitment to protecting American taxpayers from health care fraud, which can drive up costs and threaten the strength and integrity of our health care system,” said Attorney General Holder. “We are determined to bring to justice those who violate our laws and defraud the Medicare program for personal gain. As today’s takedown reflects, our ongoing fight against health care fraud has never been more coordinated and effective.”

“Today’s arrests send a strong message to criminals that the consequences of committing Medicare fraud are serious,” said HHS Secretary Sebelius. “In addition to these arrests, we used new authority from the health care law to stop all future payments to 52 health care providers suspected of fraud before they are ever made. Today’s actions are another example of how the Affordable Care Act is helping the Obama Administration fight fraud and strengthen the Medicare program.”

The defendants charged are accused of various health care fraud-related crimes, including conspiracy to commit health care fraud, health care fraud, violations of the anti-kickback statutes and money laundering. The charges are based on a variety of alleged fraud schemes involving various medical treatments and services such as home health care, mental health services, psychotherapy, physical and occupational therapy, durable medical equipment (DME), and ambulance services.

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare for treatments that were medically unnecessary and oftentimes never provided. In many cases, court documents allege that patient recruiters, Medicare beneficiaries and other co-conspirators were paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could submit fraudulent billing to Medicare for services that were medically unnecessary or never provided. Collectively, the doctors, nurses, licensed medical professionals, health care company owners, and others charged are accused of conspiring to submit a total of approximately $452 million in fraudulent billing.

“As charged in the indictments, these fraud schemes were committed by people up and down the chain of healthcare providers,” said Assistant Attorney General Breuer. “Today’s operations mark the fourth in a series of historic Medicare fraud takedowns over the past two years. These indictments remind us that Medicare is an attractive target for criminals. But it should also remind those criminals that they risk prosecution and prison time every time they submit a false claim.”

“Health care fraud is not a victimless crime,” said FBI Deputy Director Joyce. “Every person who pays for health care benefits, every business that pays higher insurance costs to cover their employees, every taxpayer who funds Medicare—all are victims. The FBI will continue to work closely with our federal, state, and local law enforcement partners to address health care vulnerabilities, fraud and abuse. We will use every tool we have to ensure our health care dollars are used to care for the sick—not to line the pockets of criminals.”

“Today over 200 OIG special agents, forensic examiners, and analysts have deployed throughout the country to ensure that those responsible for committing Medicare fraud are held accountable,” said HHS-OIG Deputy Inspector General Cantrell. “OIG is committed to the strike force model and will continue to use advanced data analytics along with traditional investigative methods to root out those who steal from our Medicare program.”

In Miami, a total of 59 defendants, including three nurses and two therapists, were charged today and yesterday for their participation in various fraud schemes involving a total of $137 million in false billings for home health care, mental health services, occupational and physical therapy, DME and HIV infusion. Two of these 59 defendants were originally charged in April 2012 but were indicted on additional charges today. In one case, 10 defendants were charged for participating in a fraud scheme at Health Care Solutions Network, which led to approximately $63 million in fraudulent billing for community mental health center (CMHC) services. Court documents allege that therapists at Health Care Solutions Network were instructed to alter notes and other medical documents to justify CMHC services for beneficiaries who did not need the services.

Seven individuals were charged today in Baton Rouge, Louisiana for participating in a fraud scheme involving $225 million in false claims for CMHC services. The case represents the largest CMHC-related scheme ever prosecuted by the Medicare Fraud Strike Force. According to court documents, the defendants recruited beneficiaries from nursing homes and homeless shelters, some of whom were drug addicted or mentally ill, and provided them with no services or medically inappropriate services.

In Houston, nine individuals, including one doctor and one nurse, were charged today with fraud schemes involving a total of $16.4 million in false billings for home health care and ambulance services. According to court documents, the owners and operators of four different ambulance companies billed Medicare for ambulance rides that were medically unnecessary.

Eight defendants, including two doctors, were charged in Los Angeles for their roles in schemes to defraud Medicare of approximately $14 million. In one case, two individuals allegedly billed Medicare for more than $8 million in fraudulent billing for DME.

In Detroit, 22 defendants, including four licensed social workers, were charged for their roles in fraud schemes involving approximately $58 million in false claims for medically unnecessary services, including home health, psychotherapy, and infusion therapy.

In Tampa, Florida, a pharmacist was charged with illegal diversion of controlled substances. One defendant was charged last week in Chicago for his alleged role in a scheme to submit approximately $1 million in false billing to Medicare for psychotherapy services.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.

Since their inception in March 2007, strike force operations in nine locations have charged more than 1,330 defendants who collectively have falsely billed the Medicare program for more than $4 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The cases announced today are being prosecuted and investigated by Medicare Fraud Strike Force teams comprised of attorneys from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorneys’ Offices for the Southern District of Florida, the Eastern District of Michigan, the Southern District of Texas, the Central District of California, the Middle District of Louisiana, the Northern District of Illinois, and the Middle District of Florida, and agents from the FBI, HHS-OIG, and state Medicaid Fraud Control Units.

An indictment is merely a charge and defendants are presumed innocent until proven guilty.”

Federal Mail Fraud Crimes – 18 U.S.C. § 1341

Federal Wire Fraud Crimes – 18 U.S.C. § 1343

Federal Bank Fraud Crimes – 18 U.S.C. § 1344

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Eugene DeBerger is Charged in a Federal Criminal Complaint with Alleged Infringement of Copyright for Purposes of Private Financial Gain

January 3, 2012

The Federal Bureau of Investigation (FBI) on January 3, 2012 released the following:

“Rochester Man Charged with Copyright Infringement

ROCHESTER, NY— U.S. Attorney William J. Hochul, Jr. announced today that Eugene DeBerger, 59, of Rochester, N.Y., was charged by criminal complaint with knowing infringement of copyright for purposes of private financial gain. The charge carries a maximum penalty of five years in prison and a fine of $250,000.

Assistant U.S. Attorney Tiffany H. Lee, who is handling the case, stated that according to the complaint, between January 2007 and August 2010, the defendant bought legal copies of DVD movies and burned copies on his home computer. DeBerger then sold over 7,000 copies online at a greatly reduced price.

Today’s charges are part of a larger department-wide effort led by the Department of Justice Task Force on Intellectual Property (IP Task Force). Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation’s economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. To learn more about the IP Task Force, go to http://www.justice.gov/dag/iptaskforce/.

The criminal complaint is the culmination of an investigation on the part of the special agents from Federal Bureau of Investigation under the direction of Christopher M. Piehota, Special Agent in Charge.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Holder Argues Against Evidence Disclosure in Terrorism Case

July 26, 2011

Main Justice on July 25, 2011 released the following:

“Attorney General Eric Holder has asked a federal judge in Boston not to release some evidence against a Massachusetts man accused of conspiring to kill American troops in Iraq, arguing that releasing the material would disclose top secret data that could harm national security.

Holder maintains in court documents in the case of Tarek Mehanna that evidence gathered through electronic surveillance and physical searches under the Foreign Intelligence Surveillance Act should be reviewed by a judge privately and not turned over to the defense. Holder says the materials contain “sensitive and classified information concerning United States intelligence sources and methods,” the Associated Press reported.

Mehanna, 28, was arrested at his parents’ home in Sudbury, Mass., in October 2009 and charged with conspiring to aid terrorist organizations, plotting to kill American politicians and planning to attack a shopping mall. He has been held without bail since his arrest. His lawyers have said the government’s case is flimsy and built on anti-American statements supposedly made by Mehanna.”

To find additional federal criminal news, please read The Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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