Number range CHAPTER**Table of Contents**

Page No.

**I. Overview** 1

**II. Summary of Program Changes** 12

**III. Appropriations Language and Analysis of Appropriations Language**
13

IV\. Decision Unit Justification 14

A. Criminal 14

1\. Program Description 15

2\. Performance, Resources, and Strategies 16

3\. Performance Tables 20

4\. Program Increases 22

A. Border and Immigration Prosecution Initiative 22

B. Gang Prosecution Initiative 28

C. Project Safe Childhood Initiative 32

B. Civil 39

1\. Program Description 40

2\. Performance, Resources, and Strategies 41

3\. Performance Tables 43

C. Legal Education 45

1\. Program Description 46

2\. Performance, Resources, and Strategies 47

3\. Performance Tables 49

V. Exhibits

A. Organizational Chart

B. Summary of Requirements

C. Program Increases by Decision Unit

D. Resources by DOJ Strategic Goal/Objective

E. Justification for Base Adjustments

F. Crosswalk of 2006 Availability

G. Crosswalk of 2007 Availability

H. Summary of Reimbursable Resources

I. Detail of Permanent Positions by Category

J. Financial Analysis of Program Changes/Offsets

K. Summary of Requirements by Grade

L. Summary of Requirements by Object Class

M. Status of Congressionally Requested Studies, Reports, and Evaluations

**I. Overview for the United States Attorneys**

**A. General Overview**

**1. Introduction**

The United States Attorneys' (USAs) mission supports two of the
Department of Justice's strategic goals - (1) prevent terrorism and
promote the nation's security, and (2) enforce federal laws and
represent the rights and interests of the American people. The FY 2008
President's Budget Request totals \$1,747,822,000 and includes
\$20,973,000 for new enhancements. The request provides for an
additional 203 positions and 102 FTE. The enhancements include requests
for Border and Immigration Prosecution, Gang Prosecution, and Project
Safe Childhood. These initiatives are described in greater detail in the
Criminal Decision Unit section of this budget. Beginning in FY 2007,
electronic copies of the Department of Justice's congressional budget
justifications and Capital Asset Plan and Business Case exhibits can be
viewed or downloaded from the Internet using the Internet address:
<http://www.usdoj.gov/jmd/2008justification/.>

The United States Attorneys serve as the nation's principal litigators.
In response to the mandates of the Constitution that required
establishment of a system of federal courts, Congress enacted the
Judiciary Act of 1789 directing the President to appoint in each federal
district "a person learned in the law to act as an attorney for the
United States." Before 1870, the U.S. Attorneys acted independently, but
since then they have worked under the direction of the U.S. Department
of Justice.

There are 93 USAs located throughout the United States, Puerto Rico, the
Virgin Islands, Guam, and the Northern Mariana Islands. The USAs are
appointed by, and serve at the discretion of, the President of the
United States, with the advice and consent of the United States Senate.
The USAs report to the Attorney General, through the Deputy Attorney
General. Each USA serves as the chief federal law enforcement officer
within his or her judicial district, and as such is responsible for the
prosecution of criminal cases brought by the federal government; the
litigation and defense of civil cases in which the United States is a
party; the handling of criminal and civil appellate cases before United
States Courts of Appeal; and the collection of civil and criminal debts
owed the federal government which are administratively uncollectible.

USAs provide advice and counsel to the Attorney General and senior
policy leadership through the Attorney General's Advisory Committee
(AGAC) and its various subcommittees. The AGAC was established in 1973
to give USAs a voice in Department policies and to advise the Attorney
General. The Committee meets monthly with the Attorney General and its
20 USA members represent various federal judicial districts, geographic
locations, and small, medium and large size offices.

An order of the Attorney General in 1953 established the Executive
Office for United States Attorneys (EOUSA) to provide executive
assistance and coordinating functions for the USAs.

Under the direction of the **Director of EOUSA**, the mission is to
provide the 93 USAs with general executive assistance and direction;
policy development; administrative management direction and oversight;
operational support; and coordination with other components of the
Department and other federal agencies. These responsibilities include
legal, budgetary, administrative, and personnel services, as well as
continuing legal education. See Exhibit A for an organization chart of
EOUSA. Specific offices and functions of EOUSA are outlined below.

-   The **Office of Counsel to the Director** represents United States
    Attorneys' Offices (USAOs) in communications with the Office of
    Legislative Affairs (OLA) and Office of Public Affairs (OPA), and
    serves as an ombudsman for USAOs with other Justice components. The
    Counsel's office develops new programs and initiatives in the areas
    of legislation and public affairs, and provides expertise concerning
    substantive issues to the Director, EOUSA, the AGAC subcommittees
    and working groups. The Counsel's office

    responds to legislative comments, Congressional inquiries and
    letters, and assists in the preparation of testimony by USAs, AUSAs
    or their staffs.

-   The **Data Analysis Staff** is responsible for providing a wide
    variety of reports and trend analyses for use by the Director of
    EOUSA when responding to requests from the Department, the
    Administration, Congress, and the public. The staff analyzes U.S.
    Attorney workyear, caseload and workload information for a variety
    of management purposes, and produces the United States Attorneys'
    Annual Statistical Report. During FY 2006, the Data Analysis Staff
    responded to over 1,000 requests for trends, data, and management
    analyses.

-   The **General Counsel's** office provides advice to USAOs and to
    EOUSA on a broad array of legal and ethical issues. It provides
    guidance to USAO and EOUSA personnel regarding ethics and standards
    of conduct matters including conflicts of interest, recusals,
    outside activities, gifts and financial disclosures, allegations of
    misconduct, personnel legal issues, discovery requests and
    compliance with subpoenas. The General Counsel's office is also
    responsible for the employee relations programs of EOUSA and the
    USAOs.

-   **Law Enforcement Coordinating Committee (LECC)/Victim-Witness
    Staff** provide support through EOUSA for district LECC and
    Victim-Witness program activities through liaison, monitoring, and
    assistance activities. LECC coordinators at the district level carry
    out the important role of coordination and liaison with federal,
    state, and local law enforcement, and with members of the community
    on various crime reduction programs. Each District's LECC is under
    the supervision of the United States Attorney who serves as the LECC
    chairperson or co-chairperson. Through the LECC program, training is
    provided to federal, state, and local law enforcement in areas such
    as anti-terrorism, gun crime, asset forfeiture, gang investigations,
    racial profiling, domestic violence, emerging drug trends, community
    policing, victim issues, and officer safety. USAOs' Victim Witness
    personnel enhance and protect the necessary role of crime victims
    and witnesses in the criminal justice process, ensuring that the
    federal government does all it can to assist those individuals
    through an often extremely difficult process. Victim Witness
    personnel handle victim notification, explain to victims the
    criminal justice process, prepare victims and witnesses for
    testimony and allocution, coordinate their attendance at proceedings
    and attend proceedings with them, and provide victims with referrals
    and emergency assistance. Victims' rights have taken on new
    importance since the passage of the Crime Victims' Rights Act of
    2004, which provided victims enumerated rights and, for the first
    time at the federal level, the mechanisms to enforce their rights.
    Victims are now playing a more central role in the criminal process,
    and exercising their rights in greater number than ever before. The
    number of notifications sent to victims alone has doubled since the
    Act passed.

-   The **Equal Employment Opportunity (EEO) Staff** provides
    centralized leadership, coordination, and evaluation of all equal
    employment efforts within EOUSA and the USAOs. The EEO Staff is
    comprised of two components--complaint Processing and Affirmative
    Employment/Special Emphasis Programs.

-   The **Legal Programs** office includes the Financial Litigation
    Staff (FLS) which assists in the collection and enforcement efforts
    of district financial litigation programs. FLS assists in the
    development of financial litigation policy, development and
    implementation of procedures and programs, and provides liaison
    functions within the Department and with outside agencies. The Legal
    Programs also coordinates asset forfeiture programs in USAOs and
    develops national policies and initiatives. In addition, Legal
    Programs coordinates the activities of the Affirmative Civil
    Enforcement (ACE) Program, which uses civil statutes for federal law
    enforcement efforts in fighting economic fraud.

-   The **Evaluation and Review Staff (EARS)** conducts the evaluation
    program enabling the Director of the Executive Office to execute the
    responsibility of conducting reviews of internal management controls
    and prevent waste, loss, unauthorized use or misappropriation in
    federal programs, as required under the Federal Manager\'s Financial
    Integrity Act. The evaluation program provides on-site management
    assistance to the U.S. Attorneys. In FY 2006, EARS conducted 19
    evaluation visits and 14 follow-up visits occurred to ensure that
    those issues identified as a result of the evaluation process were
    corrected. In FY 2005, EARS began the process of revising the
    administrative evaluation program to improve the effectiveness and
    consistency of the evaluation of the administrative functions within
    the USAOs by focusing on the "big picture" or "high impact" issues
    during the EARS reviews. The revisions to the EARS evaluation
    program will be fully implemented during FY 2007. During FY 2007,
    EARS has scheduled 23 evaluation visits.

-   **The Freedom of Information and Privacy Act (FOIA) Staff**
    processes all FOIA and Privacy Act requests for records located
    throughout EOUSA and the USAOs, provides legal guidance to USAOs
    concerning FOIA/Privacy Act issues, represents them in
    administrative appeals, and assists Assistant United States
    Attorneys and Department of Justice attorneys in litigation in
    federal courts throughout the country by providing draft

pleadings and preparing legal documents. In FY 2006, the FOIA/PA staff
processed 4,485 requests for information, an increase of 650 requests or
17 percent over 3,835 processed requests in FY 2005.

-   The **Office of Legal Education (OLE)** develops, conducts, and
    authorizes the training of all federal legal personnel. OLE
    coordinates legal education and attorney training for the Department
    of Justice and other departments and agencies. OLE is a separate
    decision unit of this budget and its functions are discussed later
    in greater detail.

-   The **Chief Operating Officer (COO)** is a key advisor to the
    Director, EOUSA, and the AGAC on nationwide issues, and manages and
    directs the following offices. The **Employee Assistance Program
    (EAP)** provides free, confidential assessment, short-term
    counseling, and community referrals for EOUSA employees and their
    families.The **Facilities Management and Support Services Staff
    (FMSS)** provides direct support and oversight of all USAOs in the
    areas of real property management, including space acquisition,
    relocation, design, repair, and management of rent payments. Support
    Services include acquisition and procurement, and coordination of
    records and forms management, printing, and mail metering. The
    **Personnel Staff** develops and maintains a component-wide
    personnel program covering attorney and support staff throughout the
    USAOs and EOUSA. The **Security Programs Staff** provides security
    program support for USAOs, including policy and procedural
    assistance, training, education and awareness efforts, and emergency
    and contingency planning.

-   The **Chief Information Officer (CIO)** is responsible for providing
    advice and assistance to the Director and senior staff to ensure
    that Information Technology (IT) is acquired and managed within
    Department, EOUSA, and USAO policies and procedures. The CIO ensures
    the integration of IT into strategic planning, acquisition, and
    program management processes to support the mission of the
    organization. The CIO also directs and manages the **Case Management
    Staff**, which provides user assistance and technical support for
    the nationwide case management systems; the **Office Automation
    Staff**, which includes the purchase and installation of computer
    systems, equipment, and software, maintenance of hardware and
    software, and end-user training; and the **Telecommunications and
    Technology Development Staff**, which provides administrative and
    technical support to USAOs in all telecommunications activities,
    including voice data and video. In FY 2006, the IT program
    accomplished several goals related to improving case management,
    computer security and wide-area telecommunications. EOUSA completed
    the conversion to the Department's wide area network initiative
    called JUTNET (Justice Unified Telecommunications Network).
    Information security was greatly improved by the establishment of a
    Security Operations Center in Columbia, South Carolina, which
    monitors all network traffic for computer virus and unauthorized
    access on a 24/7 basis. Major steps were accomplished towards the
    implementation of the Department's new case management system. In
    addition, for Contingency of Operations (COOP) responses, two new
    remote access initiatives were implemented to provide secure access
    to critical information in the event of a natural disaster or
    terrorist attack.

-   The **Chief Financial Officer (CFO)** through the **Resource
    Management and Planning Staff (RMP)** has responsibilities in the
    areas of budget formulation, budget execution, financial management,
    audit reviews, and long-range planning. RMP manages FTE allocations
    and a budget of approximately \$1.6 billion on behalf of the USAs.
    The staff consolidates resource needs and formulates an annual
    budget submission for presentation to the Department, the Office of
    Management and Budget, and Congress, and manages the day-to-day
    financial operations through the accountability reports at the end
    of a fiscal year. The staff also develops performance measures for
    the USAs that are required with each budget submission in accordance
    with the Government Performance Results Act (GPRA).

    **CRIMINAL PROSECUTIONS**

    The United States Attorneys' Offices investigate and prosecute a
    wide range of criminal activities and handle a more diverse workload
    than ever before. The offices' caseloads include international and
    domestic terrorism, identity theft, child exploitation and
    obscenity, complex and time-consuming corporate fraud, firearms and
    violent crime, sensitive public corruption and organized crime, drug
    enforcement, immigration, and criminal civil rights enforcement.
    Many of these cases involve multiple defendants and are extremely
    complex. The nature of today's crimes has required the United States
    Attorneys and Assistant United States Attorneys to become conversant
    in diverse fields such as the banking and health care industries,
    computer technology,

    securities, foreign cultures and languages, and manufacturing
    processes affected by environmental and other federal regulations.

    The USAOs handle the majority of criminal cases prosecuted by the
    Department of Justice. The USAs receive most of their criminal
    referrals, or "matters," from federal investigative agencies
    including the Federal Bureau of Investigation, the Drug Enforcement
    Administration, the Bureau of Alcohol, Tobacco, Firearms and
    Explosives, the United States Customs Service, the United States
    Secret Service, and the United States Postal Service. USAOs also
    receive criminal matters from state and local investigative
    agencies, as well as violations reported by private citizens. After
    careful consideration of each criminal matter, the USAs decide the
    appropriateness of bringing criminal charges, and, when deemed
    appropriate, initiate prosecution. Except for misdemeanor offenses
    and instances in which an alleged offender waives the right to a
    grand jury indictment, the USAs present evidence against an alleged
    offender to a grand jury. The grand jurors decide whether to return
    an indictment. If an indictment is returned, the USAs then present
    the criminal charges in open court at the arraignment of the
    defendant.

    Although historically a large number of criminal defendants enter a
    plea of guilty prior to trial, the USAs must always fully
    investigate the crime, prepare the charging document, and be
    prepared to go to trial. Consistent preparation for trial minimizes
    the risk of dismissal for noncompliance with the Speedy Trial Act
    and strengthens the government's position in negotiations with
    defense counsel for a guilty plea. Pretrial discovery practice also
    strengthens the government's position. When a guilty plea is not
    obtainable, a trial becomes necessary. The USAs then present factual
    evidence to convince the jury, or the judge in a non-jury trial, of
    the defendant's guilt. If the defendant is convicted, the USAs must
    prepare and present evidence at the defendant's sentencing hearing
    and then defend the conviction at post-trial hearings and appeals.
    The USAOs handle most criminal appeals at the intermediate appellate
    level. After filing a brief, the USAs may be required to participate
    in oral arguments before the United States Courts of Appeal. If
    there is a further appeal, the USAs may be called upon to assist the
    Department of Justice litigating divisions or the Solicitor General
    in preparing the case for review by the United States Supreme Court.

    **CIVIL LITIGATION**

    In the civil arena, the USAs initiate civil actions, or affirmative
    litigation, to assert and protect the interests of the United
    States. They also defend the interests of the government in lawsuits
    filed against the United States, referred to as defensive
    litigation. In other civil cases, the United States is a third party
    plaintiff or defendant, a creditor, or an intervener. These types of
    civil litigation represent the civil caseload nationwide.

    The USAOs initiate civil actions, or affirmative litigation, to
    assert and protect the interests of the United States. Such
    affirmative litigation includes civil actions brought to: enforce
    the nation's environmental, admiralty, and civil rights laws;
    represent the government's interests in bankruptcy actions; recoup
    money and recover damages resulting from federal program and other
    fraud; enforce administrative summonses and asset forfeiture
    litigation, which involves assets seized by federal, state, and
    local law enforcement.

    The USAs also represent and defend the interests of the government
    in lawsuits filed against the United States, or defensive civil
    litigation. Such litigation includes tort suits brought by those who
    allege suffering as a result of government action, adjudication of
    Social Security disability claims, alleged contract violations,
    habeas corpus petitions, and race, sex, and age discrimination
    actions. The USAOs represent and defend the government in its many
    roles -- employer, regulator, law enforcer, medical care provider,
    revenue collector, contractor, procurer, property owner, judicial
    and correctional system manager, and an administrator of federal
    benefits. In those cases where the United States is sued, the USA
    must be its representative.

    It is critical to note that civil defensive work is unique because
    it is non-discretionary and non-delegable. Unlike criminal units,
    civil units of USAOs cannot employ "declination" criteria to manage
    or reduce the civil defensive caseload. All cases filed against the
    government, its agencies, and employees in their official capacities
    must be defended.

    Debts are ordered to be collected from a criminal defendant when the
    defendant is sentenced by the court. These debts may be in the form
    of restitution to victims of crime, fines imposed by the court to
    penalize criminals, special assessments on each criminal conviction
    count, costs of prosecution and other costs, and forfeitures of
    appearance bonds. Interest may also be collected in certain cases.
    In instances where restitution is ordered, the USAs are involved in
    collecting federal restitution payments, or restitution which is
    owed to the United States, and in collecting non-federal
    restitution, or that which is owed to private individuals and
    entities.

    The USAs are the federal government's debt collection attorneys,
    responsible for litigating civil debts for federal agencies. In FY
    2006, the USAOs collected \$5.24 billion of criminal and civil debts
    owed, a 48.3 percent increase over the \$3.53 billion total
    collected in FY 2005. It is noteworthy that the collection effort,
    which is handled by a fairly modest percentage of the total
    workforce, results in nearly three times the amount of revenue to
    the Treasury than the \$1.75 billion sought in the FY 2008
    President's budget request. Even if one were to add the budgets of
    the Department's Criminal and Civil Divisions to recognize the
    contributions of those entities to this result, the investment would
    rise to approximately \$2 billion, with a return well above that. As
    a result of the Mandatory Victims Restitution Act (MVRA), it is now
    mandatory for courts to impose monetary restitution orders in all
    violent crimes and most property crimes. USAs are required to
    enforce restitution orders on behalf of all victims of federal
    crimes. The amount of outstanding criminal debt has risen
    dramatically since the enactment of the MVRA to \$45.7 million by
    the end of FY 2006, and of that amount, it is estimated that \$11.4
    million is collectible.

    The U.S. Attorneys also are the legal representatives for other
    federal agencies to pursue repayment of the debts. For example, when
    federal agencies lend money and the recipients default on repayment
    of the loans, or federal agencies have paid on guaranteed loans and
    have not been repaid as provided for in the lending agreement, USAs
    pursue the repayment of debt. The Departments of Agriculture,
    Education, Health and Human Services, Housing and Urban Development,
    Transportation, Veterans Affairs, and the Small Business
    Administration are some of these client agencies. USAs file suit to
    obtain judgments to collect debts, foreclose on real property,
    compel physicians to either repay or fulfill their commitment to the
    Public Health

    Service in return for education grants, sue to set aside fraudulent
    transfers of property which could be used to satisfy defaulted
    loans, and manage debtor repayment schedules.

    In FY 2006, the USAOs recovered \$1.52 billion in criminal debts
    compared to \$1.15 billion in FY 2005, a 32.2 percent increase, and
    recovered \$3.72 billion in civil debts compared to \$2.38 billion
    in the previous year, an increase of 56.3 percent. The Financial
    Litigation Units (FLUs) are the components in each USAO charged with
    the responsibility for enforcing and collecting all criminal and
    civil debts in the district owed to the United States and
    non-government victims of crimes. The USAs also carry out the
    important role of liaison with federal, state, and local law
    enforcement officers, and with members of the community on various
    crime reduction programs.

    **CRIMINAL AND CIVIL APPEALS**

    Generally, appeals are very time-consuming, requiring a thorough
    review of the entire record in the case, the filing of a brief and
    reply brief, and in most cases participation in oral argument which
    requires travel to the city where the United States Court of Appeals
    for the circuit is located. Furthermore, the complexity of appellate
    work and the time required to handle that work increases when
    convictions are based on complex facts such as those found in
    organized crime drug enforcement and other narcotic cases, financial
    institution fraud, organized crime, armed career criminal, public
    corruption, health care fraud, and computer fraud cases.

    The appellate workload of the United States Attorneys' offices has
    increased due to additional appeals prompted by the Supreme Court's
    ruling in *United States v. Booker* in January 2005, which held that
    the Sixth Amendment right to jury trial applies to factual findings
    supporting certain sentencing enhancements under the U.S. Sentencing
    Guidelines, and that the Guidelines are advisory instead of
    mandatory. As a result, post-sentencing motions filed by
    incarcerated defendants, primarily to vacate a sentence under the
    new guidelines, increased by 383 motions from 5,565 to 5,948 or 6.9
    percent between FY 2004 and FY 2006. The number of motions pending
    also increased between FY 2004 and FY 2006, increasing by 9.2
    percent from 7,642 motions pending to 8,346.

    **2. Issues, Outcomes, and Strategies**

    ![](media/image1.wmf)

    **FY 2008 Total Request by DOJ Strategic Goal**

    The following is a brief summary of the Department's Strategic Goals
    and Objectives, in which the USAs play a role.

    **[DOJ Strategic Goal 1: Prevent Terrorism and Promote the Nation's
    Security (\$87,742,000]{.underline}**

```{=html}
<!-- -->
```
-   Prevent, disrupt, and defeat terrorist operations before they occur
    (1.1)

```{=html}
<!-- -->
```
-   Investigate and prosecute those who have committed, or intend to
    commit, terrorist acts in the United States (1.2)

    **[DOJ Strategic Goal 2: Enforce Federal Laws and Represent the
    Rights and Interests of the American People
    (\$1,660,080,000)]{.underline}**

```{=html}
<!-- -->
```
-   Reduce the threat, incidence, and prevalence of violent crime,
    including crimes against children (2.1)

```{=html}
<!-- -->
```
-   Reduce the threat, trafficking, use, and related violence of illegal
    drugs (2.2)

```{=html}
<!-- -->
```
-   Combat white collar, economic crime, and cybercrime (2.3)

```{=html}
<!-- -->
```
-   Enforce federal statutes, uphold the rule of law, and vigorously
    represent the interests of the United States in all matters for
    which the Department has jurisdiction (2.4)

    **3. Full Program Costs**

    This request funds the strategies that support the USAs' objectives.
    We will continue to provide federal leadership in preventing and
    controlling crime and seek just punishment of those guilty of
    unlawful behavior.

    **FY 2008 Budget Request by Decision Unit**

    ![](media/image2.wmf)

    The USAs' \$1,747,822,000 budget request for FY 2008 is divided into
    three decision units: criminal, civil, and legal education. Some
    programs, as well as management and administration costs, cross
    decision units. Both performance and resource tables within each
    decision unit define the total costs of achieving the strategies the
    USAs will employ in FY 2008. The various resource and performance
    charts incorporate the costs of lower level strategies which also
    contribute to the achievement of objectives, but which may not be
    highlighted in detail in order to provide a concise narrative. Also
    included are the indirect costs of continuing activities, which are
    central to the operations of each decision unit.

    **4. Performance Challenges**

    The challenges that impede progress toward achievement of agency
    goals are complex and ever changing. New national priorities since
    September 11 have affected everyone in the law enforcement community
    as resources and personnel have been redirected to prosecute the
    Global War on Terror. Additionally, internal agency dynamics,
    political decisions, technological developments, and criminal
    behavior are factors that can impact law enforcement practices and
    pose challenges that demand attention. The basic mission of the U.S.
    Attorneys has been affected through a growing case backlog and
    reduced staffing levels. In FY 2004, 198 FTE were left unfilled, and
    that number more than doubled to 465 FTE by the end of FY 2005. By
    the end of FY 2006, unfilled FTE rose substantially again to 786
    FTE. Criminal cases pending or backlog increased from 63,499 cases
    in FY 2003 to 70,232 in FY 2006, an increase of 6,733 cases or 10.6
    percent. The number of new cases filed decreased by 4.5 percent over
    the last two fiscal years from 61,443 cases in FY 2004 to 58,702
    cases in FY 2006. In order to address these challenges, the United
    States Attorney community has implemented substantial management and
    financial efficiencies.

    **[External Challenges]{.underline}**

    It is more important than ever to have a highly skilled, dynamic
    workforce. Since September 11, USAOs have taken on more
    responsibilities in new areas. AUSAs coordinate with state, local,
    and federal agencies in preventing, investigating, and prosecuting
    terrorist acts. Furthermore, AUSAs participate in disaster planning
    and emergency preparedness. These coordination activities involve
    non-traditional roles for AUSAs and present a great challenge as we
    continue combating terrorism.

    Coordination with state, local, and federal agencies is not unique
    to combating terrorism. USAOs are heavily involved in these
    activities in a variety of program areas ranging from gun violence
    reduction through Project Safe Neighborhoods to disrupting and
    dismantling drug organizations.

    Emerging criminal activities, often driven by technology, such as
    cybercrime, and the economy are external challenges beyond our
    control, as downturns in the economy often correlate with increases
    in criminal activity. We will continue to focus on areas within our
    spheres of influence and control, concentrating on coordination
    efforts with state, local, and federal agencies and ensuring our
    workforce is trained for emerging, complex issues.

    **[Internal Challenges]{.underline}**

    One internal challenge to the USAs organizations is keeping the
    workforce flexible and adaptable in a changing and dynamic
    environment. Over the past few years, terrorism, corporate fraud and
    internet-related crime have emerged as extremely important national
    priorities. The U.S. Attorneys responded by allocating positions to
    districts with the greatest need and providing necessary training
    through the National Advocacy Center (NAC). Continuous monitoring of
    case work and offices' needs play an important role in our success.

    **II. Summary of Program Changes**

    For FY 2008, the U.S. Attorneys' request is \$1,747,822,000. The
    request includes \$20,973,000 in enhancements and 203 new positions
    (102 FTE). The following enhancements that support Presidential
    priorities are requested: 1) Border and Immigration Prosecution, 2)
    Gang Prosecution, and 3) Project Safe Childhood.

+--------------+-----------------------+----+----+-----+-------+-----+
| **Item       | **Description**       | ** | ** | *   | *     | **  |
| Name**       |                       | Po | At | *FT | *Doll | Pag |
|              |                       | s. | ty | E** | ars** | e** |
|              |                       | ** | ** |     |       |     |
|              |                       |    |    |     | *     |     |
|              |                       |    |    |     | *(\$0 |     |
|              |                       |    |    |     | 00)** |     |
+--------------+-----------------------+----+----+-----+-------+-----+
| Border and   | Provides for          | 72 | 55 | 36  | \$    | 22  |
| Immigration  | additional            |    |    |     | 7,400 |     |
| Prosecution  | prosecution resources |    |    |     |       |     |
|              | to address illegal    |    |    |     |       |     |
|              | immigration and other |    |    |     |       |     |
|              | crimes along the      |    |    |     |       |     |
|              | nation\'s borders.    |    |    |     |       |     |
+--------------+-----------------------+----+----+-----+-------+-----+
| Gang         | Supports prosecution  | 38 | 30 | 19  | 4,079 | 28  |
| Prosecution  | efforts for the       |    |    |     |       |     |
|              | growing gang and      |    |    |     |       |     |
|              | resulting crime       |    |    |     |       |     |
|              | problem.              |    |    |     |       |     |
+--------------+-----------------------+----+----+-----+-------+-----+
| Project Safe | Focuses prosecution   | 93 | 73 | 47  | 9,494 | 32  |
| Childhood    | resources on child    |    |    |     |       |     |
| (PSC)        | exploitation and      |    |    |     |       |     |
|              | pornography on the    |    |    |     |       |     |
|              | Internet.             |    |    |     |       |     |
+--------------+-----------------------+----+----+-----+-------+-----+
| **TOTAL**    |                       | *  | *  | *   | **    |     |
|              |                       | *2 | *1 | *10 | \$20, |     |
|              |                       | 03 | 58 | 2** | 973** |     |
|              |                       | ** | ** |     |       |     |
+--------------+-----------------------+----+----+-----+-------+-----+

**III. Appropriations Language and Analysis of Appropriations Language**

*[For necessary expenses of the Offices of the United States Attorneys,
including inter-governmental and cooperative agreements,
\$1,747,822,000: Provided, That of the total amount appropriated, not to
exceed \$8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
\$20,000,000 shall remain available until expended.]{.underline}* \*

\*The FY 2008 President's Budget uses the FY 2007 President's Budget
language as a base, so all language is presented as new.

**IV. DECISION UNIT JUSTIFICATION**

**A. CRIMINAL**

**United States Attorneys**

**Salaries and Expenses**

**(Dollars in Thousands)**

  ------------------------------------ --------- --------------- --------------
  **Criminal Litigation**              **Perm.   **Workyears**   **Amount**
                                       Pos.**                    

  2006 Enacted w/Rescissions and       7,923     7,949           \$1,246,284
  Supplementals                                                  

  2007 Estimate                        8,079     8,033           \$1,269,649

  Adjustments to Base and Technical    \...      72              70,173
  Adjustments                                                    

  2008 Current Services                8,079     8,105           \$1,339,822

  2008 Program Increases               203       102             20,973

  2008 Offsets                         \...      \...            \...

  2008 Request                         8,282     8,207           \$1,360,795

  **Total Change 2007-2008**           **203**   **174**         **\$91,146**
  ------------------------------------ --------- --------------- --------------

**1. Program Description--Criminal Decision Unit**

The United States Attorneys\' Offices prosecute a wide range of criminal
activities and now handle a more diverse and complex workload than ever
before. For example, criminal caseloads include: international and
domestic terrorism, youth violence, complex and time-consuming health
care fraud, financial institution fraud, immigration, computer fraud and
environmental crime, public corruption and organized crime, drug
enforcement, and cases involving multiple defendants and international
organizations.

United States Attorneys receive most of their criminal referrals, or
\"matters,\" from federal investigative agencies or become aware of
criminal activities in the course of investigating or prosecuting other
cases. They also receive criminal matters from state and local
investigative agencies. Criminal violations are also reported to the
USAs by citizens. After careful consideration of each criminal matter,
the USA decides the appropriateness of bringing criminal charges and
initiates prosecution.

![](media/image2.wmf)

During FY 2006, the USAOs filed 58,702 criminal cases against 81,088
defendants in United States District Court. From FY 2004 through FY
2006, the number of cases filed, which include indictments filed in
district court, fell 4.5 percent, from 61,443 to 58,702 cases. But while
the number of cases filed has fallen, the number of cases pending has
increased by 10.6 percent or 6,733 cases, up from 63,499 in FY 2003 to
70,232 in FY 2006.

A total of 60,393 cases against 82,343 defendants were closed during FY
2006. Of the 82,343 defendants whose cases were closed, 75,650, or 92
percent, either pled guilty or were found guilty. Of these, 63,006
received prison sentences, and 277 guilty defendants received sentences
of life imprisonment. The rate of convicted defendants who received
prison sentences has consistently exceeded 80 percent over the last six
years.

**2. Performance, Resources, and Strategies**

The Criminal Decision Unit contributes to the Department's Strategic
Goal I: Prevent Terrorism and Promote the Nation's Security. Within this
goal, the decision unit's resources specifically address two of the
Department's Strategic Objectives: 1.1 - Prevent, disrupt, and defeat
terrorist operations before they occur; and 1.2 - Investigate and
prosecute those who have committed, or intend to commit, terrorist acts
in the United States.

The Criminal Decision Unit also contributes to Goal II: Enforce Federal
Laws and Represent the Rights and Interests of the American People.
Within this Goal, the decision unit's resources specifically address
five of the Department's Strategic Objectives: 2.1- Reduce the threat,
incidence, and prevalence of violent crime, including crimes against
children; 2.2 - Reduce the threat, trafficking, and related violence of
illegal drugs; 2.3 - Combat white collar, economic crime, and
cybercrime; 2.4 - Uphold the civil and constitutional rights of all
Americans, and protect vulnerable members of society; and 2.5 - Enforce
federal statutes, uphold the rule of law, and vigorously represent the
interests of the United States in all matters for which the Department
has jurisdiction.

**a. Performance Plan and Report for Outcomes**

In the criminal area, there are two primary performance measures for the
USAs, including

1\) terrorism convictions, and 2) criminal cases favorably resolved.

**1. Terrorism/Anti-Terrorism Convictions**

The prevention of terrorist attacks and the prosecution of the war on
terrorism remain the top priorities of the Department of Justice. In FY
2006, the United States Attorneys filed a total of 386 terrorism,
anti-terrorism, and hoax and financing cases against 604 defendants.
This includes international and domestic terrorism, terrorism-related
financing, and terrorism-related hoaxes, as well as anti-terrorism
cases. Anti-terrorism cases are those cases brought to prevent or
disrupt potential or actual terrorist threats where the offensive
conduct is not obviously a federal crime of terrorism. A total of 464
cases against 605 defendants were terminated in FY 2006.

The terrorism performance measure is the number of
terrorism/anti-terrorism/financing and hoax convictions based on the
definitions described above and derived from the U.S. Attorneys' Case
Management System. Included in the terrorism convictions are the
original program categories of international terrorism and domestic
terrorism. Examples of offenses that could be classified as

international or domestic terrorism include the following: destruction
of an aircraft or interference with a flight crew; attack on a mass
transit facility or on the means of interstate communication; use of
weapons of mass destruction; and material support for terrorism.
Terrorism-related hoaxes and terrorist financing were added after
September 11, 2001 to allow the U.S. Attorneys' Case Management System
to capture more terrorism-related activities. Anti-terrorism cases are
those where the underlying purpose or object of the case is to prevent
or disrupt potential or actual terrorist threats where the offensive
conduct is not obviously a federal crime of terrorism. In FY 2006, there
were 105 terrorism convictions, 69 terrorism-related financing and hoax
convictions, and 343 anti-terrorism convictions for a total of 517
convictions.

![](media/image2.wmf)

**2. Criminal Cases Favorably Resolved**

The USAOs investigate and prosecute a wide range of criminal activities.
The USAs are called upon to respond to changing priorities and to become
involved in specific crime reduction programs. After the events of
September 11, 2001, the number one priority of the USAs became the
prevention of terrorist acts and the investigation and prosecution of
those involved in terrorist attacks. The USAs also have continued their
longstanding commitment to address drug and violent crimes. Within the
violent crime category, the USAs continue to address the illegal use of
firearms by those who commit crimes and accompanying acts of violence in
our communities. Drug prosecutions continue to be a priority of the USAs
with particular emphasis on the operations of large drug organizations.

The USAOs handle most of the criminal cases prosecuted by the Department
of Justice (DOJ). The USAs receive most of their criminal referrals from
federal investigative agencies, including the Federal Bureau of
Investigation (FBI); the Drug Enforcement Administration (DEA); the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the United
States Customs Service; and the United States Secret Service. They may
also receive criminal referrals from state and local investigative
agencies or become aware of criminal activities in the course of
investigating or prosecuting other cases.

In FY 2006, there were 75,133 defendants found guilty of non-terrorist
criminal activity such as violent crime, drug trafficking, and white
collar crime compared to 71,508 in FY 2005. The percentage of criminal
cases favorably resolved in FY 2006 was 91.9 percent, compared to a goal
of 92 percent. For FY 2007 and FY 2008, a 92 percent favorable
resolution rate for criminal cases is planned. The FY 2008 goal for
defendants found guilty will increase to 70,907, after decreasing in FY
2007.

**b. Strategies to Accomplish Outcomes**

In FY 2008, the U.S. Attorneys will continue to place a high priority on
prosecution and security efforts in the war on terrorism. In addition,
priority will be given to other new program enhancements requested for
combating growth areas of criminal activity, such as prosecution of
gangs, and child exploitation and obscenity. These strategies, discussed
on the following pages, require a program enhancement of 203 positions
(102 FTE) for a total of \$20.973 million.

**c. Performance Assessment Rating Tool (PART) Review**

During FY 2004, the United States Attorneys' were evaluated by the
Office of Management and Budget (OMB) under the Performance Assessment
Rating Tool (PART) process. The PART evaluated programs in four areas:
purpose, strategic planning, program management, and results and
accountability. The U.S. Attorneys received an "adequate" rating from
OMB reviewers. OMB recommended that these follow-up actions warranted
further review: 1) declination policies and practices, 2) enhancement of
performance measurement and accountability of USAOs, and 3) common
administrative functions in the USAOs in an effort to create
efficiencies.

EOUSA has undertaken the following activities to address these follow-up
actions. A working group of U.S. Attorneys and staff was appointed by
the Director of EOUSA in August 2005 to draft new performance goals,
measures and management standards in order to better evaluate U.S.
Attorney district offices through the Evaluation and Review Staff (EARS)
program.

Included in this review are district declination processes and the
general performance and accountability of USAOs. The revised procedures
adopted in FY 2007 will be used to make changes in the evaluation
process of the USAOs and to address the PART recommendations. The
working group made its recommendations to management in FY 2006 and
policy decisions will be implemented for new evaluation reviews
beginning in FY 2007. In addition, the Office Management and Budget
Subcommittee of the Attorney General's Advisory Council (AGAC) has
reviewed the PART recommendations.

The Evaluation and Review Staff (EARS) program within EOUSA establishes
on-site evaluation teams that gather information from client law
enforcement agencies, the courts, and AUSAs. The evaluators make
informed assessments whether USAOs declination policies, for example,
are consistently applied and appropriate given the personnel resources,
caseloads, and priority program demands in the district. The evaluation
teams also review the level of supervision and documentation of
declination decisions to ensure fair and consistent application of USAO
declination policies. In addition, evaluators assess whether USAOs have
adequate procedures in place for notification to other agencies and
crime victims of decisions to decline criminal referrals. Reports of the
evaluation teams are forwarded to the Director of EOUSA and the Deputy
Attorney General (DAG) for their review and follow-up actions, if
appropriate. Due to the unique situation of each USAO and the nature of
the declination process, the current review system provides a good
evaluation of the effectiveness of declination procedures in each
district.

Efforts to enhance the performance and accountability of USAOs has been
an on-going process by the Department of Justice and EOUSA. The DAG
implemented a plan in November 2001 to improve the Department's ability
to assess the USAs' efforts to address the Attorney General's priorities
and meet management and performance expectations. One aspect of the plan
is to enhance the EARS evaluations to increase their effectiveness as a
management tool. A second component of the plan is to better communicate
Department priorities and effective management practices to USAs. A
third aspect of the plan is improvement of data collection and analysis
methods and systems.

Finally, in the area of efficiencies for common administrative
functions, EOUSA maintains an extensive monitoring and review system of
district budgets and expenditures. U.S. Attorney financial management
personnel routinely participate in EARS evaluations of district offices,
as well as on-site audit reviews. Administrative efficiencies resulting
from the revised EARS evaluation process will be explored during FY
2007.

![](media/image3.wmf)

![](media/image4.wmf)

**IV. Program Increases by Item**

**Item Name: [Border and Immigration Prosecution
Initiative]{.underline}**

Budget Decision Unit: Criminal

Strategic Goal: 1) Prevent Terrorism and Promote the Nation's Security.

Objectives: 1.1) Prevent, disrupt, and defeat terrorist operations
before they occur.

1.2) Investigate and prosecute those who have committed, or intend to
commit, terrorist acts in the United States.

Program Increase: Positions **[72]{.underline}** FTE
**[36]{.underline}** Dollars **\$[7,400,000]{.underline}**

( 55 attorneys, 17 support)

**[Description of Item]{.underline}**

In FY 2008, the U.S. Attorneys request **\$7.4 million** for a **Border
and Immigration Initiative**.

The request would provide 72 positions, including 55 attorneys and 17
support. Prosecutorial resources are needed to respond to the dramatic
increase of immigration cases since FY 2000 and to be able to address
the substantial increase of Border Patrol Agents proposed to protect our
borders from illegal immigration. U.S. Attorneys' Offices currently
cannot meet the demands placed on them to prosecute immigration cases.
The U.S. Attorneys' strategies to combat violations of immigration
offenses include:

-   Ensuring that there is a sufficient United States Attorney (USA)
    presence to meet the steadily increasing caseload generated by
    increased law enforcement resources, and

-   Aggressive enforcement of the immigration statutes, including aliens
    who after deportation attempt to reenter or are found in the United
    States illegally; alien smuggling organizations; and those involved
    in terrorism and violent crimes.

    **[Justification]{.underline}**

    The goal of the current border enforcement strategy is to prevent
    illegal entries, particularly by terrorists or drug smugglers,
    through instituting a sufficiently recognizable level of deterrence
    along the border and by apprehending those who nevertheless seek to
    cross into the United States illegally. The United States Attorneys'
    Offices in border districts are tasked to support federal law
    enforcement agencies that patrol 5,525 miles of the Canadian border
    and 1,933 miles of the Mexican border. Along the Northern and
    Southwest Borders, the U.S. Attorneys' Offices have filed 51 percent
    more immigration cases between FY 2001 and FY 2006. Along the
    Southwest

    Border alone, there were 11,820 criminal immigration cases filed in
    the five USAO districts in FY 2006, 67 percent of the national
    total, compared to 7,851 cases filed in FY 2001.

    The Administration's plans to increase the number of Border Patrol
    Agents by at least 6,000 over the next two years will impact the
    United States Attorneys' workload dramatically. As a result of
    resources already provided for law enforcement resources along the
    border, the above data show that the number of immigration cases has
    already increased substantially over the last five years. The impact
    of 6,000 additional Border Patrol Agents will be even more dramatic.

    A major concern in protecting our borders since 9/11 has been
    associated with stopping potential terrorists from entering the
    country. Given the fact that Al Qaeda, Hezballah, and other
    designated terrorist organizations have a presence in Canada and
    South America, national security is a paramount concern for United
    States Attorneys' Offices along the border. Post-9/11 figures show
    that the staffing levels of the United States Attorneys' Offices
    have not kept pace with the increasing caseload resulting from
    dramatic increases in federal law enforcement staffing.

    The arrest of Ahmed Ressam, who was apprehended while attempting to
    enter the U.S. at Port Angeles, Washington and later convicted of a
    plot to detonate an explosive device at the Los Angeles airport,
    alerted America to its vulnerability along the U.S.- Canadian
    Border. Organizations engaged in or supporting terrorism have active
    cells and supporters within Southern Canada. An Al Qaeda affiliated
    Internet forum recently encouraged small groups of terrorists with
    explosives expertise to enter the United States from Canada to carry
    out attacks. Canada has relatively relaxed immigration laws, and is
    a "staging ground" for possible actions against the continental
    United States.

    Given their location, the Canadian border districts play a
    significant role in our national defense against terrorism. The
    Northern District of New York, for example, has an extensive land
    and water border with Canada, and serves as the primary route of
    travel between the major cities of Canada and the Eastern Seaboard
    of the United States. In addition to Montreal, the Canadian cities
    of Ottawa, Toronto, Kingston, Cornwall, and Quebec are within easy
    driving distance of the Northern District of New York, the Western
    District of New York, Vermont and Maine, allowing access to the
    entire East Coast. The Detroit/Windsor border crossing is another
    location where countless individuals with ties to terrorist
    organizations cross between the two countries, often requiring
    prosecutive action to be undertaken through the local United States
    Attorney's Office.

    Law enforcement and national security concerns exist all along the
    Canadian border. Adnan El Shukrijumah is currently one of the FBI's
    most wanted terrorists. He has completed advanced training at Al
    Qaeda's camps, and pledged "bayat" to Usama Bin Laden. El
    Shukrijumah was

    recently reported to have been living outside of Toronto under the
    alias Ciro Vitolo. An

    individual using this name is reported to have entered the United
    States from Canada at Buffalo

    New York on various occasions in 2005 and 2006. Data from the
    Canadian border districts show a significant increase in activity
    since 9/11. Between FY 2001 and FY 2006, immigration case filings in
    Canadian border districts has increased almost 60 percent, and the
    increases are not concentrated in any one district. Between FY 2001
    and FY 2006, 14 of the 17 Canadian border districts had their
    immigration case filings increase.

    The Southwest Border is a particularly vulnerable region where
    cross-border criminal enterprises occur. These criminal enterprises
    engage in human smuggling through Mexico into the United States that
    puts hundreds of millions of dollars into criminal hands --- and the
    drug trade is much larger. The related crimes that occur --- the
    killings, hostage taking, robberies, money laundering --- are all
    methods that criminals employ in order to gain and expand market
    share and maximize profit in their criminal business enterprises.
    Most of these activities involve the illegal movement of people or
    goods across the Nation's borders. In FY 2006, Border Patrol agents
    along the Southwest Border apprehended over 1 million aliens
    attempting to enter this country illegally. To address this issue,
    the Department of Homeland Security and Bureau of Customs and Border
    Protection have increased their permanent staff by more than 500
    agents for the Tucson, Arizona sector alone.

    The criminals who traffic in drugs or human beings and make their
    profits through illegal crossings are increasingly targeting Border
    Patrol Agents in violent attacks as the Department of Homeland
    Security's border enforcement grows. "Rocking" (rock throwing)
    incidents continue to rise along the border, and even more
    disturbing is that federal agents working at or near the border have
    been murdered. These acts highlight the threat of armed drug
    smugglers coming through the border ready, willing, and able to
    confront law enforcement in order to pass their cargo to its
    intended destination.

    National Park Service Ranger Kris Eggle was murdered after he
    intercepted one of a group of carjackers who drove across the
    Arizona border while being chased by Mexican police in a stolen car.
    Border Patrol Agent Alexander Kirpnick was murdered when he
    confronted a group of individuals who were backpacking drugs into
    the United States. In June 2005, two Border Patrol Agents were
    ambushed as they were moving in to intercept a group of backpackers
    carrying drugs into the United States. Multiple shooters who had
    been guarding the backpackers opened fire with assault rifles and
    seriously wounded both agents, who were fortunate to survive. A
    similar ambush occurred early in 2006 as agents were attempting to
    intercept a group of drug backpackers. Fortunately, the agents
    escaped injury in that incident. Similar ambush incidents have
    targeted the U.S. Custom and Border Protection's (CBP) Shadow Wolves
    unit on the Tohono O'Odham Indian Reservation.\
    \
    When confronted, these smugglers turn to violence to escape. In one
    case, the smuggler shot and wounded a Border Patrol Agent after
    being pulled over. The ensuing chase and shootout resulted in the
    death of a juvenile smuggled alien who was being transported in the
    trunk of the defendant's vehicle. The Arizona U.S. Attorney's Office
    obtained a conviction against defendant Shane Bobby Chiago in that
    case and he was sentenced to 18 years of imprisonment. In another
    case, the smugglers fled from local police, driving over 15 miles at
    speeds exceeding 100 miles per hour, running red lights and driving
    into oncoming traffic, until the smugglers crashed head-on into a
    car occupied by two newlyweds. The crash killed the newlyweds as
    well as three of the fifteen aliens who were being transported. The
    U.S. Attorney's Office obtained a conviction after trial against
    Jose Luis Zepeda-Cruz and Jimir Valle Martinez. In September 2006,
    Martinez received a 35 year sentence.

    These types of incidents demonstrate that threats to law enforcement
    personnel and criminal activity is growing as a result of the
    increased activity of violent drug traffickers and human smugglers.
    Violence among smugglers has also grown exponentially. For example,
    since 1999 a pattern has emerged in which alien smugglers will
    hijack loads of aliens from other smugglers. The criminal motives
    for these hijackings vary, but generally involve efforts to extort
    additional money from the aliens' families or simply to reap the
    profit from the other smugglers' successful efforts in getting the
    aliens across the border and through the security network. There
    have been numerous cases along the border in which carloads of
    illegal aliens have been hijacked.

    Smugglers have turned to violence to extort payment from their own
    clients. In some instances, when a smuggled alien cannot pay the
    full amount, the smugglers use violence to convince the alien or
    family members to pay the smuggling fee. In other cases, the
    smugglers agree to a certain price for their services, but when the
    alien arrives at a drop house in the United States the fee is raised
    dramatically, often to a price that the alien cannot afford.
    Smugglers use threats and actual violence to compel payment. Often
    these threats are backed up by the presence of firearms, other
    weapons, and physical abuse.

    Another significant threat to the border and the interior of the
    United States is posed by transnational street gangs. Many members
    of violent street gangs are foreign-born persons who are actively
    involved in crimes such as human and contraband smuggling, robbery,
    extortion, rape, and murder. The foreign nationals who belong to
    these gangs ignore our immigration laws, and they enter the United
    States illegally. They then travel to the Nation's interior cities
    to join with other gang members and participate in criminal
    activity. The border violators today are better armed, more willing
    to use force, and thus the stakes are getting higher as the barriers
    are strengthened against illegal crossing of our borders.

    In response to the growing problem of violence, USAO border
    districts are working closely with various components of the
    Department of Homeland Security (DHS), including U.S. Immigration
    and Customs Enforcement (ICE) and CBP, components from the
    Department of Justice, including the Federal Bureau of Investigation
    (FBI), the Drug Enforcement Administration (DEA) and the Bureau of
    Alcohol, Tobacco, Firearms and Explosives (ATF), and state and local
    law enforcement agencies and prosecutors' offices to develop
    prosecutorial programs and policies to ensure the most efficient
    handling of violent cases and to achieve the most appropriate
    sentences in the best forum.

    DHS has recently established Border Enforcement and Security Task
    Forces (BESTs), which build on their experiences fighting violent
    cross-border crime in Laredo, Texas, during "Operation Black Jack."
    "Operation Black Jack" has been a focused effort to coordinate ICE,
    CBP, DEA, FBI, ATF, the U.S. Marshals Service, and other state and
    local law enforcement

    agencies, with significant support from the Southern District of
    Texas USAO and the District Attorney's Office. BESTs focus on every
    element of the enforcement process, from interdiction

    to prosecution and removal, with the goal of eliminating the top
    leadership and supporting infrastructure that sustains these
    cross-border organizations. They leverage federal, state, tribal,
    local, and intelligence entities to focus resources on identifying
    and combating emerging or existing threats.

    A similar effort has been undertaken along the Northern Border where
    DHS, the Royal Canadian Mounted Police, and other state, local, and
    provincial law enforcement agencies have formed 15 integrated Border
    Enforcement Teams (IBETS). The IBETS identify and target smuggling
    operations along the Canadian Border from Washington to Maine. As
    along the Southwest Border, the USAOs play an integral and critical
    role in these collaborative efforts from the investigative phase
    through the successful prosecution of cases developed by the IBETS.

    The Department of Homeland Security's Secure Border Initiative (SBI)
    incorporates these border enforcement efforts with interior
    immigration enforcement to create a seamless strategy to reduce and
    deter illegal migration into the United States, and in turn reduce
    the level of violence at the border. USAOs are an integral part of
    these collaborative efforts and prosecute those charged with federal
    crimes.

    USAOs cooperate closely with state and local counterparts to ensure
    the best possible result in a given case. USAOs coordinate
    prosecution efforts with local prosecutors to ensure that the
    smugglers are prosecuted for charges that best fit their crimes and
    in the forum with jurisdiction over those charges. In some cases it
    has been appropriate to file charges both federally and in state
    courts, and the USAOs have worked closely with their local
    counterparts to achieve successful concurrent prosecutions, in turn
    maximizing the length of sentences for defendants.\
    As a catalyst in bringing a variety of law enforcement organizations
    together, the U.S. Attorneys are playing an integral part in
    providing the coordination necessary in focusing efforts to reduce
    the growing violence along the border states.

    **[Impact on Performance]{.underline}**

    Sufficient United States Attorney presence along the border is
    needed to prosecute the expected, dramatic increase in cases brought
    on by stepped up enforcement efforts. The current level of USA
    resources along the border has not grown sufficiently to meet the
    present immigration caseload. Additional resources are needed by the
    U.S. Attorneys to aggressively pursue prosecution of crimes
    committed along the border. The increase of 6,000 Border Patrol

    Agents and the resulting arrests requiring prosecution will severely
    strain the resources of the border districts. Additional prosecutors
    and contract support will be needed to address the resulting
    workload.

    This initiative will address the Department\'s Strategic Goal I,
    *Prevent Terrorism and Promote the Nation\'s Security and two
    objectives, 1.1- Prevent, disrupt, and defeat terrorist operations
    before they occur; 1.2- Investigate and prosecute those who have
    committed, or intend to commit, terrorist acts in the United
    States.*

    **[Border and Immigration Prosecution Funding]{.underline}**

    ![](media/image5.wmf)

    **IV. Program Increases by Item**

    **Item Name: [Gang Prosecution Initiative]{.underline}**

    Budget Decision Unit: Criminal

    Strategic Goal: 2) Enforce Federal Laws and Represent the Rights and
    Interests of the American People

    Objectives: 2.1) Reduce the threat, incidence, and prevalence of
    violent crime, including crimes against children.

    2.2) Reduce the threat, trafficking, use, and related violence of
    illegal drugs

    Program Increase: Positions **[38]{.underline}** FTE
    **[19]{.underline}** Dollars **[\$4,079,000]{.underline}**

    (30 attorneys, 8 support)

    **[Description of Item]{.underline}**

    In FY 2008, the U.S. Attorneys request **\$4.079 million** for a
    **Gang Prosecution Initiative**. This will provide for a total of 38
    positions (19 FTE), which includes 30 attorney and 8 paralegal
    support positions. The Gang Prosecution Initiative supports the
    Attorney General's efforts to combat gang violence and reduce crime
    by providing additional prosecutorial resources to address the
    growing gang problem throughout our country.

    Gang violence is a problem in every state. It affects the quality of
    life across the country -- from the largest cities to suburban
    communities and rural areas. Once found principally in large cities,
    violent street gangs now affect public safety, community image, and
    quality of life throughout the country. Gang violence is a complex
    issue that manifests itself in many different ways. Through a
    unified and cohesive effort of federal, state and local law
    enforcement, backed by additional resources, gang members can be
    brought to justice.

    **[Justification]{.underline}**

    The presence of gangs throughout society is undeniable. They incite
    fear and violence within our communities. Gangs threaten our
    schools, our children, and our homes. Gangs today are more
    sophisticated and flagrant in their use of violence and intimidation
    tactics. In July 2003, the National Drug Intelligence Center's
    *Gangs and Drugs in the United States* reported that gangs, whether
    street gangs, outlaw motorcycle gangs, or prison gangs, are the
    primary distributors of drugs throughout the United States. They are
    involved in drug distribution at both the wholesale and
    retail/street levels.

    According to the *2004 National Youth Gang Survey* published in
    April 2006, there were 760,000 gang members and 24,000 gangs active
    in the United States in 2004. A total of 173 cities with a
    population of 100,000 or more reported a gang problem in 2004. The
    number of gang homicides recorded in these cities was 11 percent
    higher in 2004 than the previous eight year average.

    On April 21, 2005, Attorney General (AG) Alberto R. Gonzales
    announced several steps that the Department of Justice (DOJ) will
    take to strengthen Department-wide efforts to combat gang violence
    and reduce crime. He established the Attorney General's Anti-Gang
    Coordination Committee, which directs the U.S. Attorneys to lead the
    Anti-Gang effort, appoint an Anti-Gang Coordinator, and implement
    individual strategies to combat gang problems in each district. The
    goal is to achieve measurable reductions in gang activity and
    violent crime by identifying the gangs posing the greatest danger to
    American communities, and targeting them with the coordinated
    resources of federal, state, and local law enforcement. The AG's
    Anti-Gang Initiative also expands upon the traditional, law
    enforcement responsibilities of prosecutors, by emphasizing
    prevention and reentry activities. The Anti-Gang Coordinator is
    directed to coordinate these types of activities in each district.
    This expansion of duties requires an expansion of resources.

    The Attorney General announced on February 15, 2006 a comprehensive
    new anti-gang program in six cities that will help us to combat some
    of the worst, most violent gangs in the country. These cities
    include: Los Angeles; Cleveland; Dallas-Fort Worth; Milwaukee;
    Tampa; and the "222 Corridor" that stretches from Easton to
    Lancaster, Pennsylvania, near Philadelphia. The program will focus
    on three areas: prevention, targeted enforcement, and prisoner
    re-entry. The cornerstone of the program is to make the U.S.
    Attorney the convener, who will work with each local community to
    design and implement programs that are uniquely tailored to its
    needs, while maximizing the impact of national resources and
    expertise.

    An effective federal, state, and local law enforcement partnership
    is an essential building block for these investigations. U.S.
    Attorneys will participate with state and local community leaders to
    develop innovative solutions and better coordinate resources to deal
    with the unique gang problem facing each community.

    On May 2, 2006, the Attorney General directed each United States
    Attorney to host a gang prevention summit that will bring together
    law enforcement and community leaders to discuss current, effective
    programs, identify gaps in services, and develop a plan for working
    in partnership to prevent youth from joining gangs. The United
    States Attorneys' intend to hold violent gang offenders accountable
    for their actions.

    Different regions of the country are dealing with diverse gang
    activity. For example, the violent gang Mara Salvatrucha, or MS-13,
    has a significant presence in Northern Virginia, New York,
    California, and Texas, as well as places as disparate and widespread
    as Oregon City, Oregon, and Omaha, Nebraska. MS-13 is estimated to
    have around 10,000 hardcore members and is growing increasingly
    sophisticated and violent.

    The following are examples of USAO gang cases:

```{=html}
<!-- -->
```
-   A 38 count indictment charged that 49 Milwaukee Latin Kings gang
    members operated as a criminal RICO enterprise in Milwaukee and
    other parts of Wisconsin from January of 1998 through
    September 2005. The indictment contained specific allegations
    regarding 4 murders and 38 attempted murders committed by the
    defendants.

-   In the Northern District of Illinois 56 alleged New Breeds street
    gang members and associates were indicted in a conspiracy to
    distribute powder and crack cocaine, heroine and marijuana.

-   Over the past two years, more than 30 members of the MS-13, 50
    members of the Bloods and four members of Murder Unit have been
    convicted on federal charges by the Eastern District of New York,
    including murder in the aid of racketeering, aggravated assault,
    narcotics distribution, firearms trafficking and immigration
    offenses.

    In addition to their prosecution efforts, virtually all USAOs
    provide training related to gangs as part of PSN or anti-terrorism
    programs. The Executive Office for United States Attorneys (EOUSA)
    hosted a symposium in Washington, DC on March 1, 2005 to discuss
    best practices in combating sophisticated gangs. The United States
    Attorneys from 11 districts, the special agents in charge from the
    Federal Bureau of Investigation, Drug Enforcement Administration,
    and the Bureau of Alcohol Tobacco and Firearms, as well as the
    police chiefs, and U.S. Marshals in those districts attended the
    symposium. EOUSA used this opportunity to discuss the development of
    additional gang-related training through the National Advocacy
    Center (NAC) and other vehicles.

    **[Impact on Performance]{.underline}**

    The requested resources will be used to support Goal II of the
    Department's Strategic Plan, *Enforce federal laws and represent the
    rights and interests of the American people*, and objectives 2.1,
    *Reduce the threat, incidence, and prevalence of violent crime*, and
    2.2, *Reduce the threat, trafficking, and related violence of
    illegal drugs*.

    Additional resources will better position the United States
    Attorneys with the necessary tools to assist in the achievement of
    the Department's goals in responding in a coordinated effort to the
    growing gang problem. The additional FTE requested for the Gang
    Prosecution Initiative will be used to support gang prosecution
    efforts, including contract support.

    **[Gang Prosecution Funding]{.underline}**

    ![](media/image6.wmf)

    **IV. Program Increases by Item**

    **Item Name: [Project Safe Childhood Initiative]{.underline}**

    Budget Decision Unit: Criminal

    Strategic Goal: 2) Enforce Federal Laws and Represent the Rights and
    Interests of the American People.

    Objectives: 2.1) Reduce the threat, incidence, and prevalence of
    violent crime, including crimes against children.

    2.3) Combat white collar crime, economic crime, and cybercrime.

    Program Increase: Positions **[93]{.underline}** FTE
    **[47]{.underline}** Dollars **[\$9,494,000]{.underline}**

    (73 attorneys, 20 support)

    **[Description of Item]{.underline}**

    In FY 2008, the U.S. Attorneys request **\$9.494 million** for a
    **Project Safe Childhood Initiative**. This will provide for 93
    positions (47 FTE), which includes 73 attorney, 3 paralegal, and 17
    support positions. The positions will be dedicated to implementing
    the Attorney General's Project Safe Childhood (PSC) initiative and
    to prosecute the ever-increasing number of child exploitation and
    pornography cases across the nation.

    Child exploitation and pornography are profound evils that exploit
    children, shatter lives, and rob youth of their innocence. Our
    society has a duty to protect children from exploitation and danger
    and to tirelessly pursue those who commit these heinous crimes.
    There is no place for complacency when it comes to protecting our
    children. The Attorney General's priorities include a high-profile
    strategy of preventing crimes against children by enforcing laws
    against obscenity, child pornography, and other child exploitation
    crimes. Accordingly, Attorney General Alberto R. Gonzales announced
    Project Safe Childhood on February 15, 2006. He formally kicked off
    this comprehensive and coordinated robust response to combat the
    online exploitation and victimization of children on May 17, 2006.

    Project Safe Childhood is modeled on the blueprint of the successful
    Project Safe Neighborhoods (PSN) initiative, a nationwide program
    started in 2001 to reduce gun crime in America. As with PSN, PSC
    creates, on a national platform, locally designed partnerships of
    federal, state, local and tribal law enforcement officers in each
    federal judicial district to investigate and prosecute
    Internet-based crimes against children. Each U.S. Attorney will
    designate a PSC coordinator. Each coordinator will build
    partnerships, develop strategic plans and implement accountability
    measures. With the U.S. Attorney as the convenor, each local
    community will be able to design and implement programs that are
    uniquely tailored to its needs, while maximizing the impact of
    national resources and expertise. Through the building of PSC
    partnerships in each district, the development and district-specific
    strategic plans can be accomplished. The reporting of results on a
    semi-annual basis will ensure accountability.

    The PSC partnerships in every district will aim to address the five
    major components of the initiative listed below:

-   Integrated federal, state, and local efforts to investigate and
    prosecute child exploitation cases, and to identify and rescue child
    victims;

-   Participation of PSC partners in coordinated national initiatives;

-   Increased federal involvement in child pornography and enticement
    cases;

-   Training of federal, state, and local law enforcement; and

-   Community awareness and educational programs.

    **[Justification]{.underline}**

    As with gun laws, some state laws pertaining to child pornography
    are shockingly lenient. In certain states, for instance, possession
    of child pornography is a misdemeanor offense. Federal prosecution
    of child exploitation offenders, on the other hand, can result in
    significant jail time. In the federal system, a number of child
    pornography cases are subject to mandatory minimum sentences. For
    example, those convicted of production of child pornography are
    subject to a mandatory minimum term of incarceration of not less
    than 15 years pursuant to 18 U.S.C. § 2251(e). Those convicted of
    trafficking and receipt of child pornography are subject to a five
    year mandatory minimum penalty. Accordingly, federal prosecution of
    child pornographers will result in meaningful penalties,
    particularly since there is no possibility of parole in the federal
    system.

    Child pornography and other child exploitation offenses are
    increasing, and the abuses are growing more severe. Moreover, child
    sex offenders are dangerous offenders who cause serious, lasting
    damage to our children. The Internet facilitates the sexual
    exploitation of children through child enticement offenses. This
    activity is a growing threat to the safety of children in the United
    States and, indeed, throughout the world.

    The number of child abuse/pornography cases filed by U.S. Attorneys
    has risen from 893 in FY 2000 to 1,601 in FY 2006, an increase of
    almost 80 percent. The number of cases pending or backlog has also
    increased dramatically, rising from 785 cases in FY 2000 to 1,732 in
    FY 2006, an increase of over 120 percent. As evidence of the stiffer
    sentences in federal courts, the percent of persons found guilty of
    child abuse/ pornography offenses who have received jail sentences
    of 37 months or more, including life sentences, has increased from
    44.4 percent in FY 2000 to 78.9 percent in FY 2006.

    The widespread proliferation of child exploitation via the Internet
    is evidenced in part by increasing federal enforcement activities.
    For example, since the FBI launched its Innocent Images National
    Initiative to target child pornography and child enticement, FBI
    arrests under the program jumped 1,015 percent between 1996 and 2003
    nationally. In the same period, the

    number of cases investigated rose by 2,050 percent. Child
    exploitation crimes are also investigated by the United States
    Postal Inspection Service (USPIS). Since 1996, USPIS investigations,
    arrests and convictions have also risen substantially. Immigration
    and Customs Enforcement (ICE), the largest investigative arm of the
    U.S. Department of Homeland Security, also exercises jurisdiction
    over federal child exploitation crimes involving the Internet.
    Investigations conducted by ICE in their highly successful program
    Operation Predator, which was designed to protect young people from
    a myriad of child exploitation crimes including child pornography,
    have resulted in thousands of arrests. One ICE case investigated
    jointly with the USPIS and the Internal Revenue Service Criminal
    Investigative Division has resulted in the arrest of over 1,200
    child pornographers, of which more than 1,000 were foreign nationals
    arrested abroad.

    As part of the FY 1998 Justice Appropriations Act (Pub. L. No.
    105-119), the Office of Juvenile Justice and Delinquency Prevention
    (OJJDP) was directed to create a national network of state and local
    law enforcement cyber units to investigate cases of Internet crimes
    against children. The result of the directive was the Internet
    Crimes Against Children (ICAC) Task Forces. The ICAC program was
    developed in response to the increasing number of children and
    teenagers using the Internet, the proliferation of child
    pornography, and heightened online activity by predators searching
    for unsupervised contact with underage victims. The ICAC Task Force
    program helps state and local law enforcement agencies develop an
    effective response to cyber enticement and child pornography cases
    through the use of forensic and investigative components, training
    and technical assistance, victim services, and community education.
    Forty-six task forces have been established throughout the nation.

    ICACs are also experiencing increased reports of child exploitation
    offenses and have successfully investigated and referred large
    numbers of cases for prosecution. In FY 2003, ICACs received 3,741
    reports of Internet crimes against children, including but not
    limited to traveler, enticement and child pornography complaints. In
    FY 2004, that number rose to 24,138. In FY 2005, ICACs received
    198,883 complaints of Internet crimes against children. The largest
    number of complaints (154,545) were reports of child pornography
    distribution, and the second largest number (34,062) were complaints
    of child pornography manufacturing. The dramatic increase from FY
    2004 to FY 2005 in the number of child pornography manufacturing and
    distribution complaints is linked to ICAC undercover operations in
    Internet based file sharing applications (i.e., peer to peer
    networks). The data was only captured during the first three months
    of FY 2005, when it became apparent that the sheer volume of
    complaints was beyond the ability of the task forces to reasonably
    address. Since November 2004, ICAC Task Forces have recorded over 8
    million transactions of individuals sharing child pornography in
    file sharing networks. These efforts are resulting in large numbers
    of prosecutions of child exploitation cases.

    In FY 2006 the total number of complaints of Internet crimes against
    children was 20,093. In FY 2006, there were 5,464 complaints
    specific to online enticement and/or traveler cases where
    individuals were intent on meeting a child for the purpose of sexual
    victimization, compared to 3,429 such complaints in FY 2005, an
    increase of 2,035 or 59 percent.

    In addition to the efforts by federal law enforcement agencies and
    ICACs, countless other state and local law enforcement agencies
    throughout the nation devote significant resources to the
    investigation and prosecution of the exploitation of children via
    the Internet.

    Federal prosecutions of crimes against children, including child
    pornography crimes and enticement crimes, are also on the rise. In
    the course of the last three years, the Child Exploitation and
    Obscenity Section (CEOS) of the U.S. Department of Justice, Criminal
    Division, has increased the number of cases and investigations
    handled by more than 450 percent.

    ***Child Pornography and Sexual Solicitation of Children by
    Predators Continue to Proliferate Online***

    All this hard work -- by federal, state and local law enforcement --
    has made the Internet safer for our Nation's children, but the sheer
    scope of the problem is immense and continues to grow at an alarming
    rate. The threat of sexual predators contacting children online,
    with the hope of luring them to meet in person, has been shockingly
    demonstrated by recent investigative journalist efforts, as well as
    by long-standing studies. According to a recent Dateline report, at
    any given time 50,000 predators are on the Internet prowling for
    children.

    Victimization of children through the production and distribution of
    child pornography is also on the rise. Disturbingly, child
    pornography generates at least a \$3 billion annually, and more than
    20,000 images of child pornography are posted on the Internet each
    week. The National Center for Missing and Exploited Children's
    (NCMEC) CyberTipline logged a 39 percent increase in reports of
    possession, creation, or distribution of child pornography in 2004.
    Consequently, 2004 marked the seventh consecutive year that child
    pornography incidents have trended significantly upward since NCMEC
    set up its 24-hour hotline in 1998. The gravity of these increases
    is more dramatically demonstrated by comparing the actual number of
    reports in 1998 to those logged in 2004, rather than merely reciting
    percentage increases. In 1998, the CyberTipline received 3,267
    reports of child pornography. In 2004, the CyberTipline received
    106,119 reports, marking more than a **30-fold** increase in child
    pornography reports in a six year period.

    Not only is there an increase in the volume of pornographic images,
    there is also an escalation in the severity of the abuse depicted,
    with images found today frequently involving younger children. The
    images are more often depicting despicable acts such as penetration
    of infants and toddlers. Technology is also lending itself to the
    dissemination of more graphic images via the web. For example,
    recently a sex offender raped an 8-year-old boy, while transmitting
    the images live to another man through the use of "streaming video."

    ***These Escalating Trends Present a Serious Risk to our Society***

    The harm caused when sexual predators entice children to meet in
    person to commit physical sexual offenses is well-recognized and
    beyond question. Sexual abuse is a serious offense that deeply
    affects the victim, especially a child. Its secondary effects on our
    society cannot be gainsaid.

    Unfortunately, the impact of child pornography on its victims, and
    on society, is far less appreciated today. The very term commonly
    used to describe these terrible images -- child pornography -- does
    not adequately convey the horrors these images depict. A more
    accurate term would be "images of child sexual abuse," because the
    production of these images involves the sexual abuse of a child.
    These images are thus permanent visual records of child sexual
    abuse, and the child is victimized and re-victimized, again and
    again, each time they are viewed.

    According to a 2005 study entitled "Child-Pornography Possessors
    Arrested in Internet-Related Crimes: Findings from the *Nation
    Juvenile Online Victimization Study,*" which studied defendants
    arrested and charged with possession of child pornography between
    July 2000 and June 2001. More than 80 percent of arrested child
    pornography possessors had images of prepubescent children, and 80
    percent had images of minors being sexually penetrated.
    Approximately 1 in 5 (21 percent) arrested child pornography
    possessors had images of children enduring bondage, sadistic sex,
    and other sexual violence. More than 1 in 3 (39 percent) child
    pornography possessors had videos depicting child pornography with
    motion and sound.

    Although their identities are often unknown, many of the children
    depicted in these graphic images were sexually victimized and
    assaulted. Those who possess these pictures -- for sexual
    gratification, curiosity, as a means of profit, or for other reasons
    -- are adding to the burdens of these young victims, whose trauma
    may be increased by knowing their pictures are circulating globally
    on the Internet with no hope of permanent removal or could be
    entered into circulation in the future.

    **[Conclusion]{.underline}**

    Investigations and prosecutions of child exploitation crimes are
    rising and reports to NCMEC's CyberTipline are up exponentially. The
    content of child pornography is more graphic and sadistic, and it
    involves more babies and young children than in the past. The
    measures taken to this point have not served to lessen the number of
    incidents of child exploitation. Indeed, all of the evidence leads
    to the conclusion that the exploitation of children is a burgeoning
    problem.

    The alarming increase in child pornography and exploitation matters
    and cases in the last seven years has led to the Attorney General's
    recently announced Project Safe Childhood, a priority initiative
    modeled after the successful Project Safe Neighborhoods (PSN)
    program. Some districts have already begun setting up task forces of
    federal, state and local law enforcement officers to escalate the
    investigation and prosecution of child exploitation matters and
    cases.

    One of the central strategies of Project Safe Childhood is increased
    federal prosecution of child exploitation offenses. This involves
    increased referrals of cases for federal prosecution from the
    nation's ICAC Task Forces and state and local law enforcement, which
    historically have referred a very large percentage of the cases they
    investigate to state prosecutors. Given the known increase in child
    exploitation, the expected increases in case referrals will
    seriously tax the resources of all U.S. Attorneys' Offices,
    particularly those offices that are already struggling to handle the
    increased referral of gun crime cases precipitated by the PSN
    program. This request will help the U.S. Attorney community to
    achieve its goal of reducing the epidemic of child exploitation
    facilitated by the Internet.

    **[Impact on Performance]{.underline}**

    The additional prosecutorial resources will address the rising
    caseload for the Attorney General's priority initiative, Project
    Safe Childhood, specifically the increases of child exploitation and
    pornography on the Internet. The additional resources to hire
    prosecutors and for contract support will help address two
    objectives the Department of Justice's Strategic Plan\-- Strategic
    Goal 2: *[2.1]{.underline} - reduce the threat, incidence, and
    prevalence of violent crime, including crimes against children, and
    [2.3]{.underline} -- combat white collar, economic crime, and
    cybercrime*.

    **[Project Safe Childhood Funding]{.underline}**

    ![](media/image7.wmf)

    **B. CIVIL**

    **United States Attorneys**

    **Salaries and Expenses**

    **(Dollars in Thousands)**

  ------------------------------------ ---------- --------------- --------------
  **Civil Litigation**                 **Perm.    **Workyears**   **Amount**
                                       Pos.**                     

  2006 Enacted w/Rescissions and       2,136      2,219           \$335,956
  Supplementals                                                   

  2007 Estimate                        2,142      2,225           \$349,821

  Adjustments to Base and Technical    \...       \...            17,545
  Adjustments                                                     

  2008 Current Services                2,142      2,225           \$367,366

  2008 Program Increases               \...       \...            \...

  2008 Offsets                                                    

  2008 Request                         2,142      2,225           \$367,366

  **Total Change 2007-2008**           **\...**   **\...**        **\$17,545**
  ------------------------------------ ---------- --------------- --------------

**1. Program Description--Civil Decision Unit**

Civil litigation pursued by the United States Attorneys (USAs) falls
into two basic categories: affirmative litigation, where the United
States is the plaintiff, and defensive litigation, where the United
States is the defendant. Affirmative litigation cases are actions taken
by USAs to assert and protect the government's interests, and they
include such issues as the enforcement of the nation's environmental,
admiralty, and civil rights laws, as well as the recovery of damages
done to the government through fraud. USAs also use affirmative
litigation to recoup money owed and recover damages done to the
government. Defensive litigation cases are lawsuits brought against the
government by those who allege suffering due to government actions, and
they include such issues as the adjudication of Social Security
disability claims, alleged contract violations, and alleged race, sex,
and age discrimination. USAs may also be called upon to represent the
United States in cases which are not clearly defined as either
affirmative or defensive litigation but in which the government has an
interest, such as bankruptcy cases in which the United States is a
party.

One key difference between affirmative litigation cases and defensive
litigation cases is that while USAs have some discretion in deciding
which affirmative cases they will pursue, USAs **must** defend the
government in all defensive litigation cases. Due to the fact that the
federal government's obligations in the area of defensive litigation are
non-delegable, the amount of resources remaining to pursue affirmative
litigation cases by United States Attorneys' Offices (USAOs) has
resulted in a substantial decrease in cases filed in this area, as shown
in the data below.

Affirmative civil cases can bring in substantial resources to the
federal government as USAOs collected \$3.72 billion in civil debts in
FY 2006. In recent cases, Gambro Healthcare agreed to pay \$310 million
to resolve civil liabilities stemming from alleged kickbacks paid to
physicians and payments made to a sham medical equipment company.
GalxoSmithLine (GSK) agreed to pay the government \$150 million to
settle charges it violated the False Claims Act in a scheme to increase
market share by reporting false and misleading information about the
price of two anti-nausea drugs.

Civil matters and cases represent a significant part of the USAs'
workload. In FY 2006, USAs received 80,760 civil matters, which
represented 42 percent of the 191,453 criminal and civil matters
received during the fiscal year. Of the civil matters received, 50,853
or 63 percent were defensive matters, 12,675 or 16 percent were
affirmative matters, and 17,232 or 21 percent were other civil matters.
USAs filed or responded to 71,402 civil cases in FY 2006, which
represented 55 percent of the 130,104 criminal and civil cases filed
during the fiscal year. Of the civil cases filed, 49,701 or 70 percent
were defensive cases, 7,109 or 10 percent were affirmative cases, and
14,592 or 20 percent were other civil cases.

![](media/image8.wmf)

Between FY 2003 and FY 2006, the number of civil cases filed or
responded to decreased by 10,533 or 13 percent from 81,935 cases to
71,402, while the number of civil cases referred to USAs decreased by
9,199 or 10 percent from 89,959 in FY 2003 to 80,760 cases in FY 2006.
As a result, the number of defensive civil cases filed has decreased by
4,507 or 8 percent from 54,208 cases in FY 2003 to 49,701 in FY 2006.
The number of affirmative cases filed has decreased by 1,841 cases or 21
percent, from 8,950 cases in FY 2003 to 7,109 in FY 2006.

In FY 2006, 98 percent of all judgments in affirmative civil cases were
in favor of the United States, the highest favorable judgment rate of
all case classes. Through affirmative litigation, USAs collected \$3.72
billion in civil debts owed to the United States, more than twice the
amount the U.S. Attorneys' FY 2006 budget and an increase of \$1.34
billion or 56 percent over the amount of debts collected in FY 2005.

**2. Performance, Resources, and Strategies**

The civil decision unit contributes to the Department's Strategic Goal
2: Enforce Federal Laws and Represent the Rights and Interests of the
American People. Within this goal, the decision unit's resources
specifically address two of the Department's Strategic Objectives: 2.4 -
uphold the civil and Constitutional rights of all Americans, and protect
vulnerable members of society; and 2.5 - enforce federal statutes,
uphold the rule of law, and vigorously represent the interests of the
United States in all matters for which the Department has jurisdiction.

**a. Performance Plan and Report for Outcomes**

Prosecution of civil litigation is an essential and vital component of
the mission of the U.S. Attorneys. Civil cases are used to prosecute
fraud, waste, and abuse in federal programs and ensures the government
is fully compensated for the losses and damages caused by those who have
enriched themselves at the government's expense. In addition, all
lawsuits filed against the

government must be defended. USAs represented the government in 49,701
defensive civil cases that were filed in court during FY 2006. The U.S.
Attorneys' success in civil litigation preserves taxpayers' dollars
through affirmative and defensive litigation and ensures meeting the
requirements and intent of federal laws and programs.

The performance measure for civil litigation relates to the percent of
judgments and settlements resolved in favor of the government. The
target for FY 2006 was 85 percent and the actual figure was 83.8
percent. The performance goal for FY 2007 and FY 2008 is to reach an 85
percent favorable resolution rate.

**b. Strategies to Accomplish Outcomes**

The challenge is to maintain the favorable resolution rate of 85 percent
through the use of efficiencies with existing resources. Productivity
will be increased through improved technologies and litigation support
services, providing resources for continued support to pursue
discretionary cases, such as the affirmative litigation caseload. These
cases often bring in substantial revenue to the Government, providing a
positive return on the investment of resources to bring these cases.

![](media/image9.wmf)

![](media/image10.wmf)

**C. LEGAL EDUCATION**

**United States Attorneys**

**Salaries and Expenses**

**(Dollars in Thousands)**

  ------------------------------------ ---------- --------------- -------------
  **Legal Education**                  **Perm.    **Workyears**   **Amount**
                                       Pos.**                     

  2006 Enacted w/Rescissions and       38         39              \$17,825
  Supplementals                                                   

  2007 President's Budget              41         40              \$19,275

  Adjustments to Base and Technical    \...       2               473
  Adjustments                                                     

  2008 Current Services                41         42              \$19,748

  2008 Program Increases               \...       \...            \...

  2008 Offsets                                                    

  2008 Request                         41         42              \$19,748

  **Total Change 2007-2008**           **\...**   **2**           **\$473**
  ------------------------------------ ---------- --------------- -------------

**1. Program Description--Legal Education**

The Office of Legal Education (OLE) develops, conducts, and authorizes
the training of all federal legal personnel \[28 C.F.R. §0.22 (1990)\].
OLE coordinates legal education and attorney training for the Department
of Justice (DOJ) and other departments and agencies of the Executive
Branch. Virtually all of OLE's classroom training is conducted at the
National Advocacy Center (NAC), a premier federal training facility in
Columbia, South Carolina. The NAC features an integrated instructional
and residential facility augmented by a conference and research center
with student and support services on site.

Continuing legal education credit is provided through OLE for many
OLE-sponsored courses. OLE is the primary source of instruction for DOJ
attorneys and Assistant United States Attorneys (AUSAs) from the 94
USAOs. Basic programs for newly hired attorneys include criminal, civil,
and appellate advocacy; federal practice seminars; and specialty courses
in priority substantive areas of the law. Advocacy skills programs are
available to new and advanced trial attorneys. The Federal Practice
Program is designed for attorneys with litigation experience who are new
to the federal civilian legal system (e.g., former state and military
prosecutors), and as continuing training for Department attorneys after
the basic criminal, civil, and appellate advocacy courses.

OLE uses experienced federal trial and appellate attorneys as
instructors for all its programs to present lectures, lead discussion
groups, direct evidentiary exercises, and offer personalized critiques.
Federal judges also participate in OLE\'s advocacy courses, presiding
over mock trials and mock appellate arguments. The caliber of the OLE
faculty and the use of sophisticated videotaping facilities provide
students with unique training experiences in trial and appellate
advocacy. A significant feature of the advocacy training is the use of
\"learn-by-doing\" exercises which concentrate on courtroom skills.
These exercises simulate courtroom activities and provide students with
classroom critiques and individual video replay analysis. Finally, OLE
has met the high demand for attorney management training for senior
criminal and civil attorneys by providing management courses for
attorney supervisors of all levels.

OLE conducts programs on federal, civil, and administrative law
practices for attorneys in the Executive Branch, including those in the
Department of Justice. OLE offers training in civil discovery and trial
techniques; negotiation techniques; and administrative law areas such as
bankruptcy, the Freedom of Information Act, ethics, environmental law,
federal employment, regulatory processes, government contracts, legal
research and writing for attorneys, management of attorneys, and
computer crime. Course instruction emphasizes the realities of federal
practice. Federal attorneys from every agency, including the Department
of Justice, are participants as well as advisors, curriculum developers,
lecturers, and instructors. Most instructors come from a cadre of
federal prosecutors. On a few occasions, OLE also contracts with
professional educators as instructors for these courses.

OLE develops and administers paralegal courses covering basic and
advanced skills in civil, criminal, and appellate practice. Training for
other support staff personnel (e.g., legal secretaries, systems
managers, etc.) in USAOs is provided through OLE, which develops the
curriculum, recruits instructors, and assists local offices with
administering the courses.

OLE operates a videotape lending library for USAOs and federal agencies.
In addition, commercially produced tapes by recognized legal experts
have been purchased by OLE, and the tapes are sent to offices upon
request to supplement their in-house training programs. The completion
of a video production studio at the National Advocacy Center (NAC) has
provided the capability to produce videotapes and other distance
education materials. This has increased the number of tapes available
and enhanced the ability to keep videotaped presentations current by
updating them to include recent legislation, policy changes or court
decisions. In addition, during FY 2006, OLE began using podcasts on an
experimental basis as a further method for distributing materials.

OLE began the Justice Television Network (JTN) during FY 2001. JTN is a
satellite-based system that provides training and news to the 93
United States Attorneys\' offices (USAOs), as well as branch offices.
The JTN schedule includes 40 hours of programming each week, and a 15
hour \"re-feed\" to the West Coast each workday.

**2. Performance, Resources, and Strategies**

The Legal Education decision unit contributes to the Department's
Strategic Goal I: Prevent Terrorism and Promote the Nation's Security.
Within this goal, the decision unit's resources specifically address two
of the Department's Strategic Objectives: 1.1- Prevent, disrupt, and
defeat terrorist operations before they occur; and 1.2 - Investigate and
prosecute those who have committed, or intend to commit, terrorist acts
in the United States.

The Office of Legal Education also contributes to Goal II: Enforce
Federal Laws and Represent the Rights and Interests of the American
People. Within this goal, the decision unit's resources specifically
address five of the Department's Strategic Objectives: 2.1 - Reduce the
threat, incidence, and prevalence of violent crime, including crimes
against children; 2.2 - Reduce the threat, trafficking, use, and related
violence of illegal drugs; 2.3 - Combat white collar, economic crime,
and cybercrime; 2.4 - Uphold the civil and Constitutional rights of all
Americans, and protect vulnerable members of society; and 2.5 - Enforce
federal statutes, uphold the rule of law, and vigorously represent the
interests of the United States in all matters for which the Department
has jurisdiction.

**a. Performance Plan and Report for Outcomes**

As illustrated in the Performance and Resource Table, the performance
outcome measure for this decision unit is the number of students
trained. In FY 2006, OLE trained 21,491 people, compared to 16,913 in FY
2005. Of the total number trained in FY 2006, 13,181 students were
trained in 206 classroom courses, 2,704 received CLE credit for JTN
training; 1,782 were trained through OLE's videotape lending program;
and 3,824 were trained in courses co-sponsored by OLE in U.S. Attorney
Offices around the country. In addition, in FY 2006 OLE trained
approximately 220 state and local prosecutors in live courses covering
issues of importance to federal, state, and local prosecutors. This
compares to approximately 200 state and local prosecutors trained in FY
2005.

The total number of students trained in combined classroom and satellite
training was 21,491 in FY 2006, compared with the planned level of
16,000. In FY 2007, the number of students planned to be trained will be
19,342, and that number will rise to 20,116 in FY 2008.

Since the opening of the NAC in April 1998, OLE has engaged in a
collaborative effort with the National District Attorneys Association
(NDAA) and the Executive Office for United States Trustees to create a
premier training center that brings together federal, state, and local
prosecutors to train in a state-of-the-art facility. Training for NDAA
personnel is paid for through a grant administered by the Office of
Justice Programs.

The Publications Unit of the Office of Legal Education edits and
publishes the *United States Attorneys' Manual,* the *United States
Attorneys' Bulletin,* and a number of practical skills manuals. During
FY 2006, the OLE Publications Unit published six issues of the United
States Attorneys\' Bulletin. OLE also published a revision to
Prosecuting Intellectual Property Crime, and reprinted and distributed
several other books from OLE's "Blue Book" series. The unit procures and
distributes the *United States Sentencing Commission Guidelines Manual*
to U.S. Attorney Offices. This unit also produces the USA Book Online
Library, which has now grown to include hundreds of policy manuals,
textbooks, and monographs and has become a federal practice
encyclopedia. The CD-Rom version of the online library is used by
Department attorneys and investigators working at home, on travel, on
detail, or whenever they do not have access to the Department's
Intranet.

**b. Strategies to Accomplish Outcomes**

The U.S. Attorneys will continue to ensure that a high quality legal
education program is available for basic and advanced legal training
through traditional classroom instruction and expanded use of JTN and
distance learning. Additional training will need to be provided for new
initiatives such as immigration; gangs; and child exploitation and
obscenity prosecutions.

![](media/image11.wmf)