U.S. Department of Jusice 

Office of the Attorney General 

The



Accomplishments
 


of the
 


U.s. Department of Justice
 


2001-2009


 

The 

Accomplishments
 


of the
 


U.s. De pa rtment of Justic e
 


2001-2009


I. Executive Summary
 

The mission of the Department of Justice is to enforce the law and defend the interests of the United 

States according to the law; to ensure public safety against threats foreign and domestic; to provide 

federal leadership in preventing and controlling crime; to seek just punishment for those guilty of 

unlawful behavior; and to ensure fair and impartial administration of justice for all Americans. From 2001 

to 2009, the Department has fulfilled that mission and advanced the interests of justice and the rights of the 

American people. 

Following the attacks of September 11, 2001, the Department made combating terrorism its top priority. 

This shift required a significant revision to the Department’s structures, polices and procedures and a substantial investment of resources. Most significant were the creation of a separate National Security Division 

and the FBI’s efforts to transform itself from primarily a law enforcement agency into a law enforcement and 

domestic intelligence agency. In 2006 the Department set up the National Security Division, a new component tasked with leading the Department’s efforts to combat terrorism. As part of that reorganization, the 

Department launched an extensive effort to prosecute threats to national security as soon as the law, evidence 

and circumstances permitted. In addition, between Fiscal Year 2001 and FY 2008, the FBI’s budget roughly 

doubled, allowing for large increases in the number of intelligence analysts and language analysts, and 

increasing the use of special initiatives such as Joint Terrorism Task Forces. As a result of these efforts, numerous domestic and international terrorist plots were disrupted and many of the people involved were prosecuted and sent to prison, including Richard Reid (the “shoe bomber”), Zacarias Moussaoui and Jose Padilla. 

Another top priority of the Department over the past eight years was combating violent crime. This priority included targeting gun crimes, dismantling gangs, disrupting drug trafficking and protecting children from 

sexual exploitation. The Department made strides in each of these areas. For example, since the inception 

of the Project Safe Neighborhoods initiative approximately eight years ago, the Department has more than 

doubled the number of gun crime prosecutions when compared to the previous eight years. Recognizing that 

our nation faced an epidemic of technology-assisted exploitation crimes targeting children, the Department 

launched Project Safe Childhood in 2006. As a result, federal child sexual exploitation charges increased by 

33 percent between FY 2006 and FY 2008. The Department also maintained its overall drug prosecution 

rate, successfully targeting and prosecuting the manufacturing and distribution of drugs such as methamphetamine. These measures and others, all of which have emphasized cooperation with the Department's 

state and local law enforcement partners, contributed to violent crime rates near a 30-year low. 

The Department has made a significant effort to investigate and prosecute financial crimes. Working with 

other agencies in the executive branch, the Department has obtained approximately 1,300 convictions, 

including more than 200 corporate chief executives or presidents, more than 120 vice presidents and more 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

i
I. Executive Summary
 

than 50 chief financial officers, at corporations including WorldCom, Adelphia and Enron. The Department 

also focused on investigating and prosecuting fraud associated with the dispersion of federal money. In particular, the Department established a National Procurement Fraud task force and focused its efforts on areas 

such as Medicare spending, defense procurement connected to the wars in Iraq and Afghanistan, and government aid following hurricanes and other natural disasters. Since 2001, the Department’s suits against violators of the nation's antitrust, tax and environmental laws have resulted in record fines. 

The Department launched new enforcement initiatives to enforce civil rights laws, including investigations 

into housing discrimination and human trafficking, and a concerted effort to combat a backlash against Arab, 

Muslim, Sikh and South-Asian Americans following 9/11. Substantial efforts were made to protect religious 

liberties and the rights of America's service members, the disabled, women and other protected groups. With 

respect to elections and the voting process, the Civil Rights Division brought record numbers of cases under 

the language minority provisions of the Voting Rights Act of 1965, and expanded the use of federal monitors and observers to ensure ballot access and integrity. 

Over the past eight years, the Department has amassed a strong record of accomplishment. The work of law 

enforcement touches all aspects of American life, and the dedicated men and women of the Department work 

hard on behalf of the American people. The appendices that follow lay out in greater detail those accomplishments and the results, and extent, of that hard work. Taken together, the Department’s record is one of 

which all Americans can and should be proud. 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

ii
II. Table of Contents
 

I. Executive summary......................................................................................................................................i
 

II. Table of contents ....................................................................................................................................iii
 

III. Litigating Division Accomplishments ....................................................................................................1
 

Antitrust Division................................................................................................................................1
 

Civil Division ....................................................................................................................................11
 

Civil Rights Division ........................................................................................................................21
 

Criminal Division..............................................................................................................................28
 

Environment and Natural Resources Division ..................................................................................43
 

National Security Division ................................................................................................................53
 

Office of the Solicitor General ..........................................................................................................63
 

Tax Division ......................................................................................................................................65
 

IV. Law Enforcement Component Accomplishments..................................................................................71
 

Bureau of Alcohol, Tobacco, Firearms and Explosives - ATF ............................................................71
 

Drug Enforcement Administration - DEA ........................................................................................77
 

Federal Bureau of Investigation - FBI ................................................................................................88
 

Federal Bureau of Prisons - BOP ....................................................................................................101
 

U.S. Marshals Service -USMS ........................................................................................................107
 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE
 

2001-2009
 

iii
II. Table of Contents
 

V. Special Initiatives ..................................................................................................................................119
 

Intellectual Property Task Force ......................................................................................................119
 

President’s Corporate Fraud Task Force ..........................................................................................123
 

Project Safe Childhood....................................................................................................................128
 

Project Safe Neighborhoods ............................................................................................................131
 

Rule of Law (Operation Iraqi Freedom) ..........................................................................................134
 

VI. Administrative, Policy and Other Accomplishments ..........................................................................143
 

Community Oriented Policing Services - COPS ............................................................................143
 

Community Relations Service ........................................................................................................149
 

Executive Office for Immigration Review........................................................................................150
 

Justice Management Division ..........................................................................................................150
 

National Drug Intelligence Center ..................................................................................................152
 

Office of Federal Detention Trustee ................................................................................................153
 

Office of Information and Privacy ..................................................................................................153
 

Office of Legislative Affairs and Office of Legal Policy ....................................................................155
 

U.S. Trustee Program ......................................................................................................................166
 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE
 

2001-2009
 

iv
III. Litigating Divisions Accomplishments
 

The mission of the Antitrust Division is to enforce our nation’s antitrust laws to protect and promote competition. In a competitive marketplace, U.S. consumers benefit from lower prices, better quality goods and services and greater innovation. The Antitrust Division has achieved significant success in protecting U.S. consumers 

and businesses from anticompetitive practices by cracking down on international cartels and obtaining record 

levels of criminal fines and prison sentences. The Division has enhanced cooperation with foreign counterparts, 

ensured effective merger and civil non-merger enforcement, and promoted economic growth and consumer 

welfare through continuously refining its legal and economic analysis and engaging in vigorous competition 

advocacy. 

UNPRECEDENTED CARTEL ENFORCEMENT 

Cartel enforcement is the Antitrust Division’s highest priority. Since January 2001, the Division has obtained 

more than $3.5 billion in criminal fines against more than 120 corporations and 160 individuals as a result of 

criminal antitrust prosecutions. Some highlights include: 

� Former chairman of Sotheby’s Holdings Inc. convicted of fixing commission rates charged to sellers of 

works of art, jewelry and furniture at auctions (December 2001). 

� Mitsubishi Corporation convicted and fined $134 million for its participation in a price-fixing conspiracy among the world’s major manufacturers of graphite electrodes, bringing the total fines imposed 

against the seven companies and three individuals charged with participating in the graphite electrodes 

cartel to more than $400 million (February and May 2001). 

� Irving Materials Inc. pleaded guilty and was sentenced to pay a $29.2 million criminal fine, the largest 

fine ever in a domestic antitrust case, for fixing the price of ready mixed concrete in the Indianapolis 

area (June 2005). MA-RI-AL Corp. and two executives were convicted at trial on charges of conspiring 

to fix prices of ready mixed concrete in Indianapolis (November 2006). In total, four companies and 

nine individuals were convicted for their participation in the Indianapolis ready mix conspiracy and 

more than $30 million in total fines and 111 months in jail were imposed. 

� Samsung Electronics, a manufacturer of dynamic random access memory (DRAM), and its U.S. subsidiary pleaded guilty and were sentenced to pay a $300 million fine for participating in an international 

DRAM price-fixing conspiracy (November 2005). The Division’s investigation of price fixing in the 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

1

ANTITRUST DIVISION 
III. Litigating Divisions Accomplishments
 


high-tech DRAM market resulted in total fines in excess of $700 million against DRAM manufacturers Samsung, Hynix, Infineon and Elpida, and 16 DRAM executives sentenced to a total of 3,185 days 

in jail for their participation in the DRAM cartel. 

A former contract employee of the U.S. Army Corps of Engineers pleaded guilty to bribery charges in 

connection with a $16 million project to reconstruct a levee as part of Hurricane Katrina rebuilding 

efforts (September 2007). A former contract employee of the U.S. Army Corps of Engineers and a dirt, 

sand and gravel subcontractor were indicted on bribery charges in connection with the same $16 million levee reconstruction project (May 2008). 

Nine major international airlines (Air France, KLM, Cathay Pacific, Martinair, SAS, Japan Airlines, 

Qantas, British Airways, and Korean Air Lines) and three executives have been charged in the Antitrust 

Division’s ongoing investigation into price fixing in the air transportation industry and more than $1.2 

billion in criminal fines have been imposed (as of July 2008). 

Eight individuals and one corporation have been convicted in the Antitrust Division’s ongoing investigation into bid rigging, price-fixing and market share allocation agreements involving marine hose used 

to transfer oil among tankers, storage facilities and buoys (as of July 2008). Three British nationals 

pleaded guilty in the investigation and agreed to serve record-breaking jail sentences, representing the 

first plea agreements that contemplate criminal prosecution in both the U.K. and the U.S. (December 

2007). LG Display Co. Ltd., Sharp Corp. and Chungwa Picture Tubes Ltd. have agreed to plead guilty 

and pay a total of $585 million in criminal fines for their roles in conspiracies to fix prices in the sale of 

liquid crystal display (LCD) panels. Of the $585 million in fines, LG has agreed to pay $400 million, 

the second highest criminal fine ever imposed by the Division (November 2008). 

RECORD BREAKING CRIMINAL FINES AND PRISON SENTENCES 

Jail Sentences Reach An All-Time High: Defendants prosecuted by the Division were sentenced to more than 

31,000 jail days in FY 2007, more than twice the number imposed in any previous year. In fact, the five highest totals in terms of annual jail days imposed in Division history all have occurred in the last seven years, and 

the 14 longest jail sentences imposed in cases prosecuted by the Division all occurred during this time. 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


2000 2001 2002 2003 2004 2005 2006 2007 2008

$0

$100

$200

$300

$400

$500

$600

$700

$800 Fines in Millions

Fiscal Year

Criminal Antitrust Fines

$152

$280

$75 $107

$350 $338

$473

$630

$701

$152

$280

$75 $107

$350 $338

$473

$630

$701

Criminal Fines: Since January 2001, the Division has obtained more than $3.5 billion in criminal fines (including, as mentioned above, the agreement of three firms to pay $585 million in fines in November 2008, which 

falls in FY 2009). 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE
 

2001-2009


3 
III. Litigating Divisions Accomplishments
 


1990's

avrg. 2000 2001 2002 2003 2004 2005 2006 2007 2008

0

5

10

15

20

25

30

35 Total Jail Time (in days x 1000)

Fiscal Year

Incarceration Trend—Total Days

3,313

5,584 4,500

10,501 9,341

7,334

13,157

31,391

14,331

5,383

3,313

5,584 4,500

10,501 9,341

7,334

13,157

31,391

14,331

5,383

Average Jail Sentences Rise: The average jail sentence in the 1990s was eight months, but has more than doubled this decade, rising to an average of 18 months since FY 2000. During FY 2007, the average prison sentence for incarcerated defendants charged by the Division reached an all-time high of 31 months. 

1990's

avrg. 2000 2001 2002 2003 2004 2005 2006 2007 2008

0

5

10

15

20

25

30

35 Average Jail Time (in months)

Fiscal Year

Incarceration Trend—Average Months

8 10

15

18

21

12

24

31

25

9 8 10

15

18

21

12

24

31

25

9

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


EFFECTIVE AND EFFICIENT MERGER ENFORCEMENT 

The goal of the Antitrust Division’s merger program is to ensure that consumers will be protected from those 

mergers that harm competition and that they reap the benefits of procompetitive transactions. Since 2001, the 

Division filed 57 cases in District Court either to block transactions or to require divestitures to eliminate anticompetitive aspects of transactions while leaving procompetitive aspects intact. Another 38 transactions were 

restructured or divestitures were made after the Division announced its intention to challenge the deals. A further 10 transactions were abandoned altogether after the Division expressed its concerns. Importantly, the 

Division also improved its efforts to clear quickly those transactions that were beneficial to consumers, improved 

the efficiency of investigations through such efforts at its Merger Review Process Initiative, begun in 2001 and 

updated in 2006, and (together with the Federal Trade Commission) enhanced the transparency of its merger 

analysis through such efforts as the Commentary to Horizontal Merger Guidelines in 2006. 

Merger Challenges Included: 

Decision, joined by Attorneys General of several states, to file suit to block the merger of United Airlines 

and US Airways (July 2001) (transaction abandoned before suit was filed). 

Lawsuit to block the proposed acquisition of Newport News Shipbuilding Inc. by General Dynamics 

Corporation to prevent anticompetitive effects in the nuclear submarine industry (October 2001). 

Lawsuit to block Echostar Communications Corporation’s acquisition of Hughes Electronics Corporation due to anticompetitive effects in the multichannel video programming distribution business 

(October 2002); merger abandoned (December 2002). 

Lawsuit against Dairy Farmers of America Inc. (DFA) and Southern Belle Dairy Co. LLC to compel 

DFA to divest its interests in Southern Belle Dairy to prevent higher milk prices in more than 100 

school districts in Kentucky and Tennessee (April 2003); consent decree obtained on eve of trial 

(October 2006). 

Lawsuit and consent decree to require divestiture of Dofasco Inc. or alternative assets to resolve competition concerns in the “tin mill” steel products industry arising from Mittal Steel’s proposed acquisition 

of Arcelor S.A. (August 2006). 

Lawsuit and consent decree to require Monsanto Co. and Delta & Pine Land Co. (DPL), in order to 

proceed with their proposed merger, to divest Monsanto’s Stoneville Pedigreed Seed Co., multiple DPL 

cottonseed lines and other valuable assets, and to change certain cottonseed trait licensing practices 

(May 2007). 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


Lawsuit to block the proposed acquisition by JBS S.A., the third-largest U.S. beef packer, of National 

Beef Packing Company LLC, the fourth–largest U.S. beef packer, to prevent higher beef prices for consumers and lower prices paid to cattle suppliers (October 2008). 

Lawsuit and consent decree to require Verizon Communications Corp. to divest assets in 100 areas in 

22 states in order to proceed with its $28 billion acquisition of Alltel Corp. The transaction as originally 

proposed would have substantially lessened competition to the detriment of consumers of mobile wireless telecommunications services in those areas, and likely would result in higher prices, lower quality 

and reduced network investments (October 2008). 

VIGOROUS CIVIL NON-MERGER ENFORCEMENT 

In the civil non-merger area, the Division filed 27 cases, including cases to prevent both seller-side and buyerside monopolization, cases to enforce compliance with antitrust decrees and procedures, and cases and advocacy to protect competition in the market for real estate brokerage services. In addition, 24 Division investigations 

resulted in companies abandoning their plans or otherwise changing their practices to eliminate competitive 

concerns. The Division also devoted significant resources to improving its analysis of non-merger civil conduct 

and to understanding the important consumer benefits created by dynamic competition and technological 

innovation. 

Civil Non-Merger Matters Included: 

Settlement with Microsoft Corporation that imposed a broad range of restrictions to stop Microsoft’s 

unlawful conduct, prevent recurrence of similar conduct in the future and restore competition in market for certain software (November 2001). 

Lawsuit and consent decree against Kentucky Real Estate Commission, which agreed to cease enforcement of regulations that had prohibited real estate brokers in the commonwealth from offering rebates 

and other inducements to consumers (July 2005). 

Lawsuit against National Association of Realtors (NAR), and consent decree entered before trial that 

requires NAR to allow Internet-based residential real estate brokers to compete with traditional brokers 

(May 2008). 

During the Division’s investigation, Visa Inc. rescinded a rule that required merchants to treat Visabranded debit cards differently when used as PIN-debit cards (and processed via non-Visa networks) 

from the same cards when used as signature debit cards and processed on the Visa network; the Division 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


had investigated whether the rule adversely affected competition in the debit card industry interfering 

with the introduction of new types of PIN debit services (July 2008). 

Google Inc. abandoned its proposed advertising agreement with Yahoo! Inc. after the Division informed 

the companies that it would sue to block the implementation of the agreement. If implemented, the 

agreement between these two companies accounting for 90 percent or more of each relevant market 

would likely have harmed competition in the markets for Internet search advertising and Internet search 

syndication (November 2008). 

ACTIVE APPELLATE PROGRAM 

The Antitrust Division maintained a very active appellate program during the years 2001 through 2008. During 

that period the U.S. Supreme Court decided many more antitrust cases than in previous years. Through those 

cases, the Court clarified antitrust standards and updated the substantive law to better reflect modern antitrust 

theory. The Solicitor General of the United States, with the assistance of the Antitrust Division, filed briefs in 

the following important Supreme Court antitrust cases. In nearly all of these cases, the overwhelming majority 

of Justices supported decisions that were consistent with the amicus briefs filed by the United States. 

Supreme Court Cases Included: 

The unanimous Trinko decision, which provided fundamental guidance regarding Section 2 of the 

Sherman Act that significantly diminishes the potential that Section 2 will be applied in ways that harm 

competition (January 2004). 

The 8-0 Empagran decision, which held that a foreign plaintiff must show that an antitrust violation’s 

effect on U.S. commerce gave rise to its claim (June 2004). 

The 7-2 Volvo decision, which held that a manufacturer that offers different prices to its dealers may not 

be held liable for Robinson-Patman Act price discrimination absent a showing that it discriminated 

between dealers competing to sell to the same retail customer (January 2006). 

The 8-0 Dagher decision, which held that it is not per se illegal under Section 1 of the Sherman Act 

for a lawful, economically integrated joint venture to set the prices at which it sells its products 

(February 2006). 

The 8-0 Independent Ink decision, which held that where tying is alleged, the existence of market 

power cannot be presumed as a matter of law from the mere fact that the tying product is patented 

February 2006). 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


The unanimous Weyerhaeuser decision, which held that the Brooke Group standard for predatory pricing also applies to predatory buying claims (February 2007). 

The 7-2 Twombly decision, which held that the 1957 Conley v. Gibson standard for evaluating civil 

motions to dismiss had “earned its retirement,” and held that a complaint alleging collusion under 

Section 1 of the Sherman Act must be dismissed where it sets forth only facts consistent with parallel 

and independent action, lacking any factual context suggesting agreement (May 2007). 

The 5-4 Leegin ruling, which held that minimum resale price maintenance is not per se unlawful (May, 

June 2007). 

The Antitrust Division’s Appellate program also included an active Court of Appeals docket over the last eight 

years. The Division’s successful efforts included the following significant matters: 

The U.S. Court of Appeals for the District of Columbia Circuit, sitting en banc, affirmed the District 

Court’s finding that entry of the Department’s settlement with Microsoft is in the public interest (June 

2004). 

The U.S. Court of Appeals for the Third Circuit reversed the district court in the Division’s case against 

Dentsply, thereby sustaining the Division’s Section 2 challenge to an anticompetitive exclusionary policy 

imposed by a manufacturer on its dealers (February 2005). 

ENHANCING INTERNATIONAL COOPERATION 

The Antitrust Division devoted significant resources to international cooperation in North America, South 

America, Europe, Asia, Africa and Australia, including the following: 

Establishment of the International Competition Network (ICN) In October 2001, the Antitrust 

Division, along with the Federal Trade Commission and agencies from 13 other jurisdictions, launched 

the ICN to provide a venue for antitrust officials around the globe to achieve consensus on practical 

antitrust enforcement and policy issues of common concern. In the past seven years, ICN has grown to 

include 103 member agencies and has made remarkable progress in improving antitrust norms. Under 

the Division’s leadership of ICN’s Merger Working Group, for example, ICN has adopted recommended practices to improve merger notification procedures and substantive merger analysis, thereby 

bringing greater consistency to multijurisdictional merger reviews and reducing delay and investigative 

burdens on merging firms. With the Division playing a leading role, ICN has also done important work 

in the cartel area and this year ratified recommended practices that will improve the assessment of unilateral conduct by antitrust enforcers. 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


Improved Relationship with the European Commission on Merger Reviews The Antitrust Division 


and the European Commission (EC) have worked together to reach compatible outcomes in all merg­


er investigations since 2001, when the Division and the EC reached significantly different conclusions 


in their respective reviews of the General Electric/Honeywell merger. Since 2001, there has been intense 


and sustained cooperation at both the senior official and staff levels of both agencies on a variety of pol­


icy and enforcement matters. In 2002, the Division, FTC and EC also agreed to follow a set of “best 


practices” for coordinating future merger reviews. 


PROMOTING SOUND LEGAL POLICY 

Sound legal policy, including the incorporation of sound economic analysis, is fundamental to the Antitrust 

Division’s enforcement mission. The Division devoted significant resources to the refinement and dissemination 

of policy, including: 

Legislation 

President Bush signed the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, increasing maximum Sherman Act fines and prison terms, and detrebling civil liability for the Division’s amnesty program 

recipients who cooperate with civil plaintiffs (June 2004). 

Reports & Policy Statements 

The Division and the Federal Trade Commission issued a joint report, “Antitrust Enforcement and 

Intellectual Property Rights: Promoting Innovation and Competition,” to inform consumers, businesses and holders of intellectual property rights about the agencies’ competition views with respect to 

a wide range of activities involving intellectual property. The report follows extensive hearings co-hosted by the Division and the FTC (April 2007). 

The Division issued a report, “Competition and Monopoly: Single-Firm Conduct Under Section 2 of 

the Sherman Act,” informing consumers, businesses and policy makers about issues relating to monopolization offenses under the antitrust laws. The report examines whether and when specific types of 

single-firm conduct may or may not violate Section 2 of the Sherman Act by harming competition and 

consumer welfare (September 2008). 

The Division issued a report, “Voice, Video and Broadband: The Changing Competitive Landscape and 

Its Impact on Consumers,” which addresses a number of issues that may affect consumers of telecommunications services and antitrust analysis in this industry, including the development of new facilitiesACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

9 
III. Litigating Divisions Accomplishments
 


based competition, wireless technologies as alternatives to wireline networks, price and non-price consumer benefits from competition, the significance of bundled products, and obstacles to competitive 

entry (November 2008). 

Business Review Letters 

The Division announced in letters to the VMEbus International Trade Association (October 2006) and 

Institute of Electrical and Electronics Engineers Inc. (April 2007) that it had no intention to challenge the two 

standard-setting organizations’ proposals to implement policies on the disclosure and licensing of patents, 

potentially reducing inefficiency in the standards-setting process. 

The Division announced in a letter to the CEO Roundtable on Cancer that it had no intention to challenge 

that organization’s proposal to develop and publicize model contract language for clinical trials of new cancer 

treatments, potentially reducing costs and shortening the time needed to begin clinical trials (September 2008). 

Competition Advocacy 

Real estate brokerage services: Provided testimony and assistance to states and launched a Web site to explain 

and promote the benefits to consumers created by vigorous competition in the market for real estate brokerage 

services; helped to remove barriers to new or increased brokers who utilize the cost-saving and efficiency-enhancing aspects of new technology and the Internet. 

Healthcare: Provided testimony and comments to states considering revising certificate of need (CON) rules 

to allow more competition, often at invitation of governors, state legislators and legislative committees. 

Telecommunications: Commented on Federal Communications Commission proposed rules and provided 

outreach to state and local governments about removing regulatory impediments to new facilities-based entry; 

hosted a symposium on telecommunications developments and competition, and issued a report. 

Airlines: Worked closely with the Department of Transportation on airline alliance requests and development 

of policy regarding competition for airport takeoff-and-landing slots, and commented on state requests on 

changes to law to increase competition. 

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2001-2009 

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III. Litigating Divisions Accomplishments
 


CIVIL DIVISION 

The Civil Division represents some 200 federal agencies and Congress while maintaining uniformity in government policy. The Division’s workload exceeds 50,000 cases and administrative claims each year. Last year 

alone, 56,732 cases and matters were assigned to the Civil Division. The overwhelming majority—approximately 89 percent—of these cases are defensive. Each year, thousands of lawsuits are filed against the government. The Division also brings suits on behalf of the United States, primarily to recoup money lost through 

fraud, loan defaults, and the abuse of federal funds. Some of the more prominent cases follow. 

2001 

Pharma 

In October 2001, a $585 million civil settlement was reached with TAP pharmaceuticals, the manufacturer of Lupron, used for the treatment of advanced prostate cancer. Allegations included paying 

kickbacks to providers; causing grossly inflated claims to be submitted to Medicare, Medicaid and TRICARE; and conspiring with providers to obtain federal reimbursements for product samples. In addition, TAP agreed to pay a criminal fine of $290 million bringing the total recovery to $875 million. 

Oil Royalties 

Approximately $440 million was recovered for the government and Indian tribes for underpaid oil royalties. In December 2001, settlement was met with Unocal, the last of sixteen oil companies that knowingly undervalued the oil produced from federal and Indian lands to reduce the amount of royalties owed to 

the United States and Indian tribes. Chevron, Mobil, Shell Oil and Texaco were among the other defendants whose settlements contributed to this recovery for the government and the Indian tribes. 

2002 

Schering-Plough Corporation 

In May 2002, the Corporation agreed to pay $500 million to resolve allegations that the company did 

not comply with Food and Drug Administration (FDA) regulations in its manufacture of drugs—for 

example, the company manufactured asthma inhalers without the correct amount of medicine inside. 

The injunction allowed Schering to manufacture noncompliant products that FDA believed were necessary to the public health, but required Schering to disgorge the profits obtained from the sale of those 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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III. Litigating Divisions Accomplishments
 


noncompliant products. Schering was had to make additional payments if it failed to bring these medically necessary products into full compliance with FDA regulations in a timely fashion. 

Terrorist Assets 

In December 2002, the freezing of Global Relief Foundation's assets was upheld by the Seventh Circuit. 

Global Relief, a non-profit with ties to Hamas, challenged the Treasury Department's action to block 

its assets pursuant to the President's Executive Order on terrorism, the International Emergency 

Economic Powers Act, and the USA PATRIOT Act. 

2003 

Columbia/HCA Healthcare 

Spanning almost a decade, this group of cases, handled by the Civil Division in conjunction with the 

offices of the United States Attorneys, the Criminal Division and the FBI, against the hospital chain 

Columbia/HCA culminated in June 2003 with the government receiving a total of over $2 billion in 

criminal fines and civil penalties for systematically defrauding federal health care programs. The settlement resolved allegations that HCA unlawfully charged the government in its cost reports for running 

its hospitals, that it paid kickbacks to physicians in return for Medicare and Medicaid referrals, and that 

it unlawfully charged the government for costs in connection with wound care facilities. 

Presidential Powers 

In February 2003, in John Doe I, et al. v. President George Bush, et al., Members of Congress who 

opposed armed hostilities in Iraq filed suit to enjoin the President and Secretary of Defense from authorizing a military invasion of Iraq. The District Court issued an order dismissing the case, adopting the 

government’s position that the plaintiffs’ case is a “political question” that should not be addressed by 

the courts. The decision was affirmed on appeal. 

Removal Proceedings 

In April 2003, De More v. Hyung Joon Kim, the Supreme Court upheld the constitutionality of the 

mandatory detention of criminal aliens awaiting removal proceedings. The Court concluded that 

Congress was justifiably concerned with evidence that large numbers of criminal aliens who are not 

detained continue to commit crimes and fail to appear for their removal hearings. 

ACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

2001-2009 

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2004 

III. Litigating Divisions Accomplishments
 


Alaska Pulp 

The plaintiff's claims arose from the implementation of the Tongass Timber Reform Act of 1990 

(TTRA). In 2001, the Court of Federal Claims (CFC) ruled that the Forest Service breached its longterm timber contract with the Alaska Pulp Corporation (APC). Following an extensive trial on damages, however, the CFC concluded that APC was performing a losing contract prior to TTRA and therefore was not entitled to any damages. The court dismissed APC's complaint in January 2004. This 

important victory saved the government nearly $9 billion. 

Removal of Illegal Aliens 

In American-Arab Anti-Discrimination Committee v. Ashcroft, plaintiffs filed suit to stop immigration 

proceedings against unlawful aliens who were arrested when they registered with the former INS as part 

of the "National Security Entry—Exit Registration System." The plaintiffs argued that the arrests were 

illegal because the INS failed to obtain arrest warrants and because the aliens had pending applications 

for immigration relief. In February 2004, the district court dismissed the case. 

Overtime Pay 

In June 2004, a unanimous panel of the Federal Circuit held that a class of more than 9,000 present 

and former Department of Justice attorneys had no entitlement to overtime pay under the Federal 

Employees Act. The trial court had ruled in favor of the plaintiff class, which sought more than $500 

million in overtime compensation. 

Sensitive Security Information 

In 2002, Judicial Watch filed suit against the United States Postal Service (USPS) and several other agencies under the Freedom of Information Act. Plaintiff sought information regarding the agencies' knowledge of anthrax contamination at USPS facilities in October 2001, the potential for harm from such 

contamination, and the decisions made concerning the quarantining and testing of these facilities. In 

November 2004, the Court entered judgment in favor of USPS. 

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HealthSouth 

In December 2004, the government announced that HealthSouth Corporation agreed to pay $325 million to settle allegations of Medicare and other health care fraud. HealthSouth Corporation is the country's largest provider of rehabilitative medicine services. This agreement grew out of a lawsuit filed under 

the False Claims Act. Civil Division attorneys worked closely with United States Attorneys' Offices and 

the Department of Health and Human Services to resolve this matter. Also, as part of the agreement, 

HealthSouth entered into a Corporate Integrity Agreement with the Department of Health and Human 

Services which requires that HealthSouth engage in significant compliance efforts in the future. 

2005 

Pharmaceutical Safety 

In Bhutani v. United States, plaintiff filed suit alleging that his permanent debarment from working in 

the pharmaceutical industry violated the Constitution on the grounds of double jeopardy and ex post 

facto concerns. The FDA debarred Bhutani, the former president of ALRA Laboratories, because of his 

felony convictions for conduct relating to the manufacture and distribution of adulterated drug products. In January 2005, the Seventh Circuit upheld his debarment, safeguarding consumers around the 

United States. 

Designation of Foreign Terrorists and Their Supporters 

The U.S. has designated over 400 individuals, companies, and organizations as supporters of terrorists, 

terrorist groups and/or their support networks. As a result of these designations, the U.S. and its international partners froze more than $145 million in assets that could have been funneled to terrorist activities. In United States v. Afshari (June 2005) and United States v. Hammoud (August 2005), a panel of 

the Ninth Circuit and the en banc Fourth Circuit, respectively, held that a criminal defendant charged 

with providing material support to a designated FTO may not challenge the validity of the underlying 

FTO designation in the course of the criminal prosecution. In Humanitarian Law Project v. Ashcroft 

(July 2005), the Ninth Circuit held that there is no First Amendment right to provide material support 

to the ostensibly humanitarian or political activities of a designated FTO. Similarly, in Hammoud, the 

Fourth Circuit rejected claims that the material support prohibition impermissibly encroached on First 

Amendment rights of free association and expression. In the words of the Ninth Circuit, “giving support intended to aid an organization’s peaceful activities frees up resources that can be used for terrorist 

acts.” 

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Defense of Federal Employees 

In September 2005, the district court dismissed Hatfill v. Ashcroft. Plaintiff in this case sued numerous 

government officials alleging that he had been rendered unemployable after being named a “person of 

interest” in the 2001 anthrax attacks. In addition, the Division scored two important victories in Briscoe 

v. Potter and Richmond v. Potter when the D.C. Circuit held that employees of the Brentwood postal 

facility cannot bring Bivens actions challenging the response of Postal Service officials to the 2001 

anthrax contamination. 

Serono 

In October 2005, Serono S.A. of Switzerland agreed to pay $704 million in civil and criminal penalties 

to settle charges of illegally marketing the drug Serostim. The FDA approved Serostim in 1996 for use 

in treating AIDS wasting, a leading cause of death among AIDS patients. Serostim, however, was 

released at the same time as other drugs that dramatically curtail the progress of the AIDS syndrome. 

As a result, the incidence and prevalence of AIDS wasting markedly declined, and the demand for 

Serostim dropped significantly. Serono then engaged in various illegal practices such as offering kickbacks to physicians and submitting false claims to sell the drug. 

September 11th Victim Compensation Fund 

Following the September 11th terrorist attacks, the Air Transportation Safety and System Stabilization Act 

was enacted. Title IV of the Act established the “September 11th Victim Compensation Fund of 2001” 

(the Fund or Program). Under the leadership of Kenneth Feinberg, the Program commenced operations 

on December 21, 2001, and the statutory deadline to file a claim was December 22, 2003. The Civil 

Division was responsible for the administration of the Fund. The overwhelming participation in the Fund 

was extraordinary as 7,403 claims were filed—2,968 death and 4,435 injury. In total, the Fund distributed 

over $7.049 billion to survivors of 2,880 persons killed in the September 11th attacks and to 2,680 individuals who were injured in the attacks or in rescue efforts conducted thereafter. 

2006 

Communications Decency Act 

In March 2006, in Nitke v. Gonzales, the Supreme Court summarily affirmed a decision by a three-judge 

district court and rejected a First Amendment challenge to the Communications Decency Act’s prohibition on the knowing transmission of obscenity or child pornography via the Internet. The plaintiff, 

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an art photographer who specializes in sexually explicit material, challenged the Act on the grounds that 

the statute relies on community standards to determine obscenity. She also argued that the restriction 

on “obscene” communication was unconstitutionally vague. The government successfully argued that 

the challenge was largely foreclosed by Supreme Court precedent and that the “vagueness” challenge was 

insubstantial. 

Defense of the National Motto 

In Newdow v. Congress of the United States of America, plaintiff sought to have the national motto, “In 

God We Trust,” declared unconstitutional for violating the First Amendment. Plaintiff sought various 

forms of relief, including an injunction barring the Federal Government from printing coins and currency inscribed with the motto. In June 2006, the district court dismissed the case, citing precedent 

which establishes the national motto as constitutional, while also finding that the Legislative Branch 

defendants were immune from plaintiff’s claims. 

Health Care Fraud 

In June 2006, two health care corporations settled allegations of health care fraud by agreeing to pay the 

United States in excess of $1.18 billion. As incentive not to deny treatment to the sickest patients, the 

Medicare program allows for additional “outlier” reimbursements to hospitals for unusually costly 

patient care. Tenet Healthcare Corporation, the nation’s second largest hospital chain, was accused of 

fraudulently inflating costs of patient care to receive excessive outlier payments. Tenet agreed to pay 

$919 million. In the midst of similar allegations, Saint Barnabas Corporation, New Jersey’s largest health 

care system, agreed to a $265 million settlement. 

Procurement Fraud 

In July 2006, Boeing Company agreed to pay the United States a record $615 million to resolve allegations of government procurement fraud. Boeing was accused of obtaining competitors’ documents 

and inappropriately utilizing them to procure contracts from the Air Force and NASA. Of the total settlement, $565 million was negotiated by the Civil Division. 

Tobacco 

In August 2006, the Civil Division won a seven-year-old lawsuit against nine tobacco companies when 

a Federal judge found them guilty of civil fraud and racketeering for deceiving the public about the risks 

of smoking in order to maintain profits. The decision provided for injunctive relief, including disallowing future acts of fraud and ordering the companies to advertise “corrective statements” regarding the 

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true health risks of nicotine and smoking. Furthermore, the judge barred these companies from using 

misleading terms such as “mild,” “light,” and “ultralight” in brand names. 

Saddam Hussein Habeas 

The government prevailed in an 11th hour attempt to spare the life of former Iraqi dictator, Saddam 

Hussein. U.S. lawyers for Saddam filed suit for a stay of execution in the U.S. District Court in 

Washington. The suit had argued that because Hussein faced a civil lawsuit in Washington, his rights as a 

defendant would be violated if he was executed. He earlier been convicted of approving the 1982 massacre 

of 148 Shiites in the northern Iraqi city of Dujail following a failed attempt to assassinate the tyrant. 

Judge Colleen Kollar-Kotelly denied that petition after a hearing over the telephone with attorneys. The 

judge said that her court had no jurisdiction in the matter. He was subsequently hanged. 

2007 

Overseas Terrorism Prosecution 

In May 2007, the Athens Court of Appeal in Greece sustained convictions against members of the 

Greek terrorist group “17 November” on 11 counts of murder, 182 counts of attempted murder, and 

25 counts relating to attacks with explosives on United States property and individuals. Between 1975 

and 2002, 17 November was responsible for up to 120 separate terrorist attacks against Greece, United 

States government personnel and the Embassy, as well as other governments and individuals. The 

Division’s Office of Foreign Litigation played a key role in this litigation. 

OxyContin Prosecution 

The Purdue Frederick Company pled guilty to the felony of misbranding the painkiller OxyContin. 

Purdue’s top three executives pled guilty to misdemeanor misbranding of OxyContin from 1996 to 

2001. The court accepted these pleas on July 20, 2007. The case, United States v. Purdue Frederick 

Company, et al., involved Purdue’s misrepresentations to health care providers that OxyContin was less 

addictive, less subject to abuse and diversion, and less likely to cause withdrawal problems than other 

pain medications. In sentencing the defendants, the court imposed fines, penalties, and restitution payments totaling almost $635 million, which will be paid to various entities, including $276 million forfeited to the United States and $160 million paid to federal and state government agencies to resolve 

liability for false claims made to Medicaid and other government healthcare programs. 

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Health Care Fraud 

In September 2007, Bristol-Myers Squibb Company (BMS) settled allegations involving its drug marketing and pricing practices by agreeing to pay the United States over $515 million. The government 

alleged that BMS knowingly paid illegal remuneration to physicians and other health care providers to 

induce them to purchase BMS drugs, promoted the sale and use of Abilify for pediatric use and to treat 

dementia-related psychosis - both “off-label” uses, and set and maintained fraudulent and inflated prices 

for a wide assortment of oncology and generic drug products. 

Jet Fuel Litigation 

In September 2007, the Court of Appeals for the Federal Circuit rejected fuel suppliers’ claims that 

Department of Defense jet fuel contracts were illegal because they violated the Federal Acquisition 

Regulation’s economic price adjustment provision. This rejection prompted the contractors to enter into 

settlement agreements. Plaintiffs originally estimated their claims to be worth approximately $3 billion. 

Procurement Fraud 

In December 2007, Sioux Manufacturing Corp. settled allegations of procurement fraud by agreeing to 

pay the United States $1.9 million. The government accused the company of failing to follow specifications in making Kevlar, a protective material for military helmets and body armor used by the United 

States military. In a similar case, in October 2007, Hexcel Corporation agreed to pay the United States 

$15 million to resolve allegations related to its role in the manufacture and sale of defective Zylon bullet-proof vests to federal law enforcement agencies. The government alleged that Hexcel used Zylon 

fiber that it knew to be defective and degraded quickly when exposed to heat, light, and humidity. 

2008 

Winstar 

Triggered by legislation to address the 1980's savings and loan crisis, the Winstar litigation was unprecedented in terms of size, complexity and the dollar amount of claims. Composed of nearly 120 separate 

lawsuits and millions of documents, these cases involved more than 400 financial institutions throughout the United States. The Civil Division defended the government vigorously and successfully: of the 

106 cases fully resolved to date, 77 resulted in zero damages paid to the plaintiff. Of over $26 billion in 

claims, the Civil Division limited plaintiffs to awards of approximately $2 billion—approximately six 

cents per dollar claimed. For example, in January 2008, an appellate court affirmed the trial court’s judgACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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ment rejecting damages exceeding $420 million in Granite Management Corp. v. United States. Granite 

Management had sued the United States alleging breach of contract and related claims. 

Hurricane Katrina Litigation 

The Civil Division’s FTCA staff is currently representing the government in over 400 lawsuits that have 

been filed as a result of the flooding caused by Hurricane Katrina in New Orleans. Nearly 490,000 

administrative claims have been filed with the Army Corps of Engineers. The Civil Division was responsible for the collection and organization of these hundreds of thousands of claims. Claimants and plaintiffs seek compensation for personal injury, death, and property damage suffered as a result of the failure of the flood protection system. They allege the Corps negligently failed to build adequate flood protection and that the Corps’ negligent design, construction, and maintenance of a navigable waterway 

worsened the impact of Hurricane Katrina’ storm surge. The lead case is scheduled to commence in 

January 2009, and trials of other cases involving the United States are scheduled for spring and summer 

2009. 

In addition to handling the litigation, the Civil Division played a leadership role in handling the administrative claims: it successfully scanned 425,00 pages of hard copy production material, produced over 1 billion pages of electronic documents to multiple parties, made available on the web 430 million pages of 

electronic documents for online review, and mailed out approximately 165,000 acknowledgment letters to 

claimants. 

Cobell 

Cobell v. Kempthorne is a multi-billion dollar class action filed against the Departments of the Interior 

and Treasury. Plaintiffs—approximately 300,000 Native Americans – seek a full accounting of their 

Individual Indian Trust accounts. In January 2004, plaintiffs filed a motion for an order to show cause 

why Interior Secretary Gale Norton, her senior managers, and counsel should not be held in contempt 

for violating court orders. In July 2004, the Court of Appeals for the District of Columbia (D.C. Circuit 

Court) reversed the district court and vacated the contempt rulings against Secretary Norton and former Assistant Secretary for Indian Affairs Neal McCaleb. In November 2005, the D.C. Circuit Court 

overturned a federal judge’s ruling that the Department of the Interior must provide a full accounting 

of Indian royalties—a process estimated to cost over $10 billion. On January 30, 2008, after a trial, the 

D.C. district court found that an accounting is impossible to perform, and on September 4, 2008, after 

a second trial, the court ordered the government to pay $455.6 million to plaintiffs as a remedy in the 

absence of an accounting. This amount is a small fraction of the $47 billion sought by plaintiffs. The 

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district court certified its order for immediate interlocutory appeal and both parties have petitioned the 

D.C. Circuit to hear the appeal. Those petitions are pending. 

Pharmaceutical Fraud 

The Department’s investigation of the pharmaceuticals yielded significant returns in 2008, including 

settlements with Merck & Co. for $361.5 million and with Cephalon, Inc. for $258 million. Merck 

resolved qui tam claims that it knowingly and illegally failed to provide the government with its "best 

price" and paid kickbacks to physicians to induce them to prescribe its drugs. Cephalon resolved qui 

tam allegations that it illegally promoted certain drugs for uses other than those approved by the Food 

and Drug Administration, resulting in false claims to Medicare, Medicaid and other federal programs. 

Habeas Cases 

The Supreme Court ruled against two men who had filed habeas petitions. The two, Mohammad 

Munaf and Shawqi Ahmad Omar, faced criminal charges under Iraqi law. The high court ruled that 

their release through habeas corpus would interfere with the sovereign authority of Iraq to punish 

offenses against its laws committed within its borders. The Department had argued that because the 

men were technically held by the 26-nation multinational force in Iraq, federal courts did not have jurisdiction to hear their habeas corpus petitions. 

Post-Boumediene Guantanamo Bay Habeas Corpus Cases 

Following the Supreme Court’s June 2008 decision in Boumediene v. Bush, the landmark 5-4 ruling 

granting habeas corpus rights to detainees held at Guantanamo Bay, the Department mobilized substantial resources to detail over 50 attorneys from across the Department of Justice to the Guantanamo 

habeas team to defend the federal government in the habeas corpus challenges brought by the detainees. 

From July through December 2008, this team reviewed thousands of pages of classified intelligence and 

prepared approximately 190 factual returns to demonstrate the basis for holding these individuals as 

enemy combatants. In the final months of 2008, four merits hearings involving a total of nine 

detainees were held. As of early 2009, most of the active cases were about to enter the early merits stage 

of litigation. 

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CIVIL RIGHTS DIVISION 

The Civil Rights Division is charged with enforcing federal statutes prohibiting discrimination on the basis of 

race, national origin, sex, disability, religion and other protected classes. Since its establishment in 1957, the 

Division has grown dramatically in both size and responsibility. Over the past eight years, the Division has 

launched enforcement initiatives, surpassed previous enforcement records in key areas, and set high standards 

in both criminal and civil enforcement activities. 

PROTECTING THE RIGHT TO VOTE 

The Civil Rights Division enforces statutes that protect the franchise of qualified voters, including the Voting 

Rights Act of 1965, which was reauthorized by Congress and signed into law by President George W. Bush in 

2006. In addition, the Division also enforces the Uniformed and Overseas Citizen Absentee Voting Act of 

1986, the National Voter Registration Act of 1993, and the Help America Vote Act of 2002. In 2002, the Civil 

Rights Division and the Criminal Division jointly launched The Ballot Access and Voter Integrity Initiative to 

spearhead the federal effort to improve voter access and ensure voter integrity. The Civil Rights Division has 

done its part with respect to voter access. For example: 

� Over the last eight years, the Division has set new records in the number and scope of observer and 

monitor coverage. It has established a national voter hotline and online complaint reporting system during federal election cycles. 

� Over the last eight years, the Voting Section of the Division has brought more cases under the language 

minority provisions than in all other years combined since 1965. 

� Over the last eight years, the Division has filed record-breaking numbers of cases under Section 208 of 

the Voting Rights Act, which protects the right of voters to choose a person to assist them in voting. 

� Since 2006, the Division has filed eight cases enforcing Section 2 of the Voting Rights Act, which prohibits 

voting practices and procedures that discriminate on the basis of race, color or membership in a language 

minority group. This represents exceptional productivity by the Voting Section, given the highly complex, 

time-consuming and resource-intensive nature of the investigation required in such cases. 
III. Litigating Divisions Accomplishments
 


PROTECTING THE FIRST FREEDOM, RELIGIOUS LIBERTY 

In 2002, the Division launched a comprehensive initiative focused on protecting religious freedoms. Under the 

initiative, the Division created a new Special Counsel for Religious Discrimination to coordinate the enforcement of federal laws against religious discrimination and to conduct increased outreach with the community. 

As a result of these efforts, the Division has sharply increased the number of religious discrimination cases 

brought in the areas of education, housing, employment, public accommodations and public facilities. 

Examples include winning the right for a Muslim girl in Oklahoma to wear a headscarf to school, winning the 

right of religious accommodation for Sabbath-observant bus drivers in Los Angeles, and barring a New York 

apartment building from discriminating on the basis of religion and ethnicity. 

The Division has placed a priority on facilitating the reporting, identification and investigation of bias-based 

assaults, threats, vandalism, arson and other crimes against Muslims, Sikhs, Arabs and South Asians, who have 

experienced an increase in such offenses since the 9/11 attacks. Under the Initiative to Combat Post-9/11 

Discriminatory Backlash, the Division has brought charges against 46 defendants in such cases, resulting in 41 

convictions to date. With the help of the Justice Department in many cases, state and local authorities have 

brought more than 160 such bias crime prosecutions since 9/11. 

The Division developed a comprehensive program for enforcement of the Religious Land Use and 

Institutionalized Persons Act of 2000 (RLUIPA), which protects places of worship and religious schools from 

discrimination in local zoning procedures and the religious rights of institutionalized persons. The Division has 

reviewed more than 200 RLUIPA cases, launched 48 formal investigations, and filed numerous lawsuits to protect the rights of people from a wide range of religious backgrounds including Christians, Jews, Muslims, 

Buddhists, Hindus, Sikhs and Native Americans. 

PROTECTING THE RIGHTS OF AMERICA’S SERVICEMEMBERS 

During this time of war, the Justice Department has remained committed to supporting men and women in 

uniform by enforcing federal laws that protect their civil rights. The Employment Litigation Section, the Voting 

Section, the Housing and Civil Enforcement Section and the Special Litigation Section have brought several significant cases on behalf of servicemembers and veterans. 

The Civil Rights Division obtained enforcement authority of the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA) from the Civil Division in 2004, and since that time has 

vigorously enforced the statute to ensure that returning servicemembers are not penalized in their civilian jobs for their uniformed service to our nation. In fiscal year 2008, the Division filed a record number of USERRA suits and obtained a record number of settlements. 

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In April 2008, the Department of Justice filed the first class action USERRA lawsuit against American 

Airlines, the nation’s largest commercial air carrier. On Aug. 1, 2008, a U.S. District Court approved a 

settlement agreement under which American Airlines agreed to pay restitution to 382 affected pilots for 

the vacation and sick leave benefits they lost while serving military duty. 

In the last eight fiscal years, the Voting Section has taken legal action or obtained relief without the need 

for litigation in Texas, Oklahoma, Pennsylvania, Georgia, North Carolina, Connecticut, Tennessee, 

Vermont, Alabama and Virginia to ensure that states are meeting their obligation under the Uniformed and 

Overseas Citizen Absentee Voting Act to send out timely absentee ballots to military and overseas voters. 

The Housing and Civil Enforcement Section also enforces the Servicemembers Civil Relief Act (SCRA), 

which provides financial protections for military members when they enter active duty. For example, the 

Division helped an Army reservist when his automobile was inappropriately repossessed in the middle 

of the night. As a result of the Division’s efforts, the soldier’s car was returned to him and the credit 

reporting agencies were directed to remove any negative credit reports concerning the repossession. The 

Section also has addressed SCRA matters involving the waiver of prepayment penalties for servicemembers, charging servicemembers more than the 6 percent maximum interest rate, and the enforcement of storage liens against servicemembers. 

The U.S. Attorney’s Office in the Western District of Michigan conducted the first criminal prosecution under the SCRA against a landlord who evicted an Army soldier’s pregnant wife and children from 

a rented trailer, removed the family’s belonging and changed the locks. A federal magistrate sentenced 

the defendant to six months imprisonment and ordered $15,300 in restitution. 

The Special Litigation Section handled significant matters involving the Civil Rights of Institutionalized 

Persons Act of 1980 (CRIPA) to protect veterans’ rights in public institutions. For example, the Division 

investigated allegations of patterns and practices of deficient care in the Tennessee State Veterans’ Home 

facilities in Humboldt and Murfreesboro. On Feb. 8, 2008, it issued a findings letter recommending 

remedial action. The Division is currently working with the state to address these concerns. 

ENSURING LAW ENFORCEMENT INTEGRITY 

Although the vast majority of law enforcement officers in this country carry out their duties with professionalism and honor, the Division has continued to take legal action where appropriate against those officers who cross 

the line. The Division ensures the integrity of law enforcement through civil rights criminal prosecutions, the 

Violent Crime Control and Law Enforcement Act of 1994, and Title VII of the Civil Rights Act of 1964. 

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In the last eight years the Criminal Section of the Civil Rights Division has brought 327 cases of official misconduct, compared to the 253 cases brought in the previous eight years. 

The Division’s Special Litigation Section protects the constitutional and federal statutory rights of people confined in public institutions such as juvenile correctional facilities, adult jails and prisons under 

CRIPA and the Violent Crime Control and Law Enforcement Act of 1994. Since 2001, the Division 

has initiated 95 new investigations regarding 144 facilities, including 24 investigations of 48 juvenile 

facilities. The Section also has enforced laws that prevent a pattern or practice of unconstitutional policing and has ensured the integrity of law enforcement by more than tripling the number of settlements 

negotiated with police departments. In addition the Section provides technical assistance to police 

departments to protect civil rights, and has issued 20 technical assistance letters since 2001, compared 

to three issued during the previous Administration. 

The Division’s Employment Litigation Section ensures that public entities, including police departments do not discriminate against employees or job applicants. For example, in a consent decree entered 

on Sept. 22, 2005, in United States v. Delaware State Police (DSP), the DSP agreed to provide 

$1,425,000 to qualified African-Americans who applied for entry-level state trooper positions between 

1992 and 1998 and scored at least 66 percent on the written examination, but were denied employment 

as a result of the state’s unlawful use of that examination. The state also was required to provide priority job offers, with retroactive seniority and pension relief, to up to 12 African-American applicants who 

had been the victims of the state’s unlawful use of the examination. 

IMPROVING ACCESS FOR PERSONS WITH DISABILITIES 

Since the January 2001 signing of the President’s New Freedom Initiative, the Civil Rights Division has achieved 

results for persons with disabilities in more than 2,600 Americans with Disabilities Act (ADA) actions including: 

A precedent-setting settlement agreement with The International Spy Museum, in Washington, D.C., 

to improve access to the museum for visitors with vision, hearing and mobility disabilities throughout 

its facility, including its exhibits, theaters, restaurant and museum shop. The agreement establishes a new 

level of access for cultural and informal educational settings. 

A consent decree resolving a lawsuit against the University of Michigan to ensure accessible seating in 

its football stadium, the largest collegiate stadium in the country. The university—which is currently in 

the midst of a $226 million expansion of the stadium—will have more than 300 pairs of wheelchair and 

companion seats dispersed throughout the stadium by 2010. 

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Project Civic Access: The Division’s Disability Rights Section carries out reviews of local and state governments to bring communities into full compliance with the requirements of Title II of the ADA. 

Project Civic Access now includes 161 settlement agreements with 147 localities in all 50 states, the 

District of Columbia and Puerto Rico. 

The Department’s ADA Technical Assistance Program engages in a wide variety of activities to increase 

understanding of and voluntary compliance with the ADA. In FY 2008, more than 50,000 callers to 

the ADA Information Line were personally assisted by an ADA specialist; the ADA Web site served 

more than 3.6 million visitors, with total hits exceeding 59 million; Department staff participated in 74 

speaking events, reaching approximately 7,000 people; and Department staff distributed information 

and answered questions at 15 national conferences and two state fairs, with a combined audience of 

more than one million people. 

Since 2002, the Division’s ADA Business Connection has sponsored 24 leadership meetings in cities 

throughout the United States, created an ADA Business Connection destination on the Department’s 

ADA Web site and developed new technical assistance documents addressing specific ADA issues of 

interest to businesses. 

The ADA Mediation Program has helped the Division resolve ADA complaints more effectively, efficiently and equitably using voluntary alternative dispute resolution. 

Since Jan. 1, 2001, 46 percent of the Division’s Fair Housing Act cases (129 of the 279 filed) have 

alleged discrimination based on disability. 

The Special Litigation Section’s CRIPA enforcement helps ensure that institutionalized people with disabilities receive adequate habilitation, appropriate medical and mental health treatment, and service in the 

most integrated setting appropriate to their needs. For example, in June 2008, the Division executed a 

comprehensive settlement agreement with the City of San Francisco to address outstanding deficiencies at 

Laguna Honda Hospital and Rehabilitation Center (LHH), which is the largest publicly-operated, singlesite nursing home in the United States. The settlement agreement requires the city to develop and implement appropriate community services and supports for residents, and improve safety, health care, psychiatric care, and other important services and supports at the nursing home. 

The Division’s Education Opportunities Section protects the rights of children with disabilities. For 

example, on Nov. 4, 2008, the United States intervened in Lopez & United States v. Metropolitan 

Government of Nashville and Davidson County, a lawsuit alleging sexual abuse of a student with disabilities on a special needs bus in the Nashville Public School System. The United States’ complaint asserts 

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that the district violated Title IX of the Education Amendments of 1972 as the district was deliberately indifferent to known instances of severe, pervasive and objectively offensive sexual harassment of students with disabilities who were transported on district school buses, effectively barring the students’ 

equal access to educational opportunities or benefits. 

PROTECTING THE RIGHTS OF WOMEN 

The Civil Rights Division enforces federal statutes that protect females, including human trafficking victims; Title 

IX sex discrimination; sexual harassment in housing and employment; and systemic abuses at women’s prisons. 

From fiscal years 2001-2008, the Civil Rights Division and U.S. Attorneys’ Offices have increased the 

number of human trafficking cases filed by more than 600 percent compared to the number of cases 

brought in the preceding eight years. 

During this Administration, the Division has increased the number of sexual harassment cases filed 

under the Fair Housing Act, as well as the number of complex “pattern and practice” cases filed. In the 

last eight years the Division has filed 17 “pattern and practice” cases compared to the six filed in the previous eight years. In addition, the Housing and Civil Enforcement Section obtained its largest jury verdict ($1.1 million) in 2004 and its largest monetary settlement ($1 million) in 2008 in a case alleging 

sexual harassment violations under the Fair Housing Act. 

The Division also investigates and works with specific jurisdictions to correct instances of systemic abuses in women’s correctional and other types of facilities. For instance, on Sept. 5, 2008, the Division 

entered into a comprehensive settlement agreement to ensure adequate mental health care at the 

Taycheedah Correctional Institution, Wisconsin’s sole women’s prison. 

The Division ensures consistent and effective enforcement of Title IX of the Education Amendments 

of 1972, which prohibits discrimination on the basis of sex in federally assisted education programs and 

activities. In July 2008, the Division coordinated a Federal Interagency Title IX Symposium, which was 

attended by about 200 individuals from most federal funding agencies. The Division also provides technical assistance and training for federal funding agencies on this statute and established a Title IX 

Working Group through which it has been providing assistance to several federal agencies conducting 

their first Title IX compliance reviews. 

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FIGHTING RACE OR NATIONAL ORIGIN DISCRIMINATION 

The Civil Rights Division remains dedicated to enforcing all applicable federal laws to protect individuals of all 

races and to prosecute those who engage in violent criminal acts of hate. 

Since 2001, the Civil Rights Division has charged 200 defendants in 135 cases of bias-motivated 

crimes. For example, on Aug. 1, 2006, a federal jury in Los Angeles convicted four Hispanic gang 

members of hate crimes and firearms violations in connection with a conspiracy to attack and kill 

African-Americans in the Los Angeles neighborhood claimed by the gang. The jury convicted the 

defendants of conspiring to violate the federally protected housing rights of African-Americans; of 

violating the civil rights of an African-American man who was murdered as he attempted to park his 

car on a public street; and of using firearms during the commission of these offenses. All four defendants were sentenced to life in prison. 

As a result of lawsuits brought by the Division’s Voting Section, in March 2008, the first AfricanAmerican was elected to the Euclid, Ohio, City Council from a majority-black voting district (after 

the court ruled that the city’s method of electing its city council violated the Voting Rights Act); 

Boston now employs five times more bilingual poll workers than before; San Diego added more than 

1,000 bilingual poll workers, and San Diego’s Hispanic voter registration increased by more than 20 

percent between the Department’s settlement in July 2004 and the November 2004 general election. 

More than 80 percent of the fair lending cases filed during this Administration allege race or national origin discrimination, and the consent decrees include more than $25 million in monetary relief. 

The Division ensures access to federally assisted and federally conducted programs for individuals 

who are limited English proficient (LEP), under Executive Order 13166. The Division holds periodic meetings of the Federal Interagency Working Group on LEP, and it maintains a Web site, 

www.lep.gov, which is a major resource for information about LEP issues and contains a variety of 

technical assistance tools and guidance documents developed by the Division. The Division has 

developed an LEP video and several LEP brochures and, during 2007 and 2008, it coordinated major 

federal interagency LEP conferences attended each year by about 400 people from federal, state and 

local governments as well as community and advocacy groups. 

The Division has continued to vigorously enforce the Equal Educational Opportunities Act of 1974 

(EEOA) to ensure, among other things, that school districts provide appropriate instruction and services to English language learners (ELLs). For example, the Division entered into a settlement agreement in 2007 with the Lewiston public school district in Maine after completing an investigation of 

the district. The agreement will ensure compliance under the EEOA, and specifically that the district 

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provide appropriate instruction and services to the ELLs among the district’s large population of 

Somalian refugees. 

The Division also conducts administrative investigations of violations of Title VI of the Civil Rights 

Act of 1964, which prohibits discrimination on the basis of race, color, and national origin in federally assisted programs. Many of the national origin investigations involve allegations of discrimination based on failure to ensure access for LEP individuals. Three such investigations have resulted in 

Memoranda of Agreement (MOA): 

 In 2007, the Division signed an MOA with the Lake Worth, Fla., Police Department addressing a variety of LEP issues. Following extensive negotiations with the Division, the Police 

Department adopted a new Language Assistance Plan covering all of its operations. 

 In 2008, the Division signed an MOA with the Town of Mattawa, Wash., and Mattawa Police 

Department to ensure LEP access to all town services. Almost 90 percent of the residents of 

Mattawa are Hispanic, and 83 percent of them indicated in the 2000 Census that they speak 

English less than “very well.” 

 In 2008, the Division signed an MOA with the Maine courts to ensure that interpreter services 

are provided to LEP individuals in all civil and criminal proceedings. With the signing of the 

MOA, the Maine judicial branch now has one of the most comprehensive systems in the country 

for provision of services to LEP individuals in court. 

CRIMINAL DIVISION 

Between 2001 and 2008, the Criminal Division expanded the breadth and depth of the work it does to protect 

the nation against criminal activity, to prosecute those who commit federal crimes and to advance the Department’s 

law enforcement mission around the globe. At a time when criminal activity has become increasingly complex and 

transnational in nature, the Criminal Division has responded through the activities of its specialized prosecution 

units in the United States, as well as its international components. The Criminal Division has also endeavored to 

maximize the collective capabilities of federal, state and local law enforcement agencies conducting investigations. 

As criminal activity moves into new and more dangerous areas without regard to international borders, the 

Criminal Division has worked to protect the United States by strengthening its international law enforcement capabilities by cultivating an expansive network among its international partners. As the Criminal Division increases its 

capabilities overseas, it continues to spearhead domestic prosecutions to keep communities safe. 
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FIGHTING PUBLIC CORRUPTION 

The Department is committed to enforcing the laws that protect the integrity of our government. During the last 

eight years, the Department has enjoyed great success in rooting out corruption and holding public officials, who 

misuse their office, accountable for their actions. 

From 2001 to 2006, the Department charged 6,899 individuals with public corruption offenses nationwide and 

obtained 5,876 convictions. 

Prosecuting Corrupt Officials 

The number of defendants charged by the Public Integrity Section between 2001 and 2006 increased by 52 percent versus the eight-year period from 1993 to 2000, and the number of convictions increased by 31 percent during the same period. From 2001 through 2006, the Section charged 365 individuals with public corruption offenses and obtained 332 convictions. The Department’s commitment to the investigation and prosecution of public 

corruption is reflected by the quality and complexity of the cases it has successfully pursued. Notable prosecutions 

include: 

Operation Polar Pen.To date, 10 criminal convictions have resulted from the investigation into public 

corruption in Alaska, including convictions of current and former members of the Alaska House of 

Representatives, legislative staff members and businessmen. In October 2008, Sen. Theodore Stevens was 

convicted on seven counts of making false statements related to his Senate financial disclosure forms. 

Jack Abramoff Investigation.In the Jack Abramoff investigation, 15 individuals have pleaded guilty or 

are awaiting trial, including former lobbyist Abramoff and Congressman Robert Ney. Abramoff pleaded guilty in January 2006 to conspiracy, honest services fraud and tax evasion and was sentenced in 

September 2008 to 48 months in prison. Ney pleaded guilty in September 2006 to conspiracy to commit multiple offenses, including honest services fraud and making false statements, and was sentenced 

to 30 months in prison. 

ENSURING THE INTEGRITY OF ELECTIONS 

In 2002, the Department established the Ballot Access and Voting Integrity Initiative as part of its increased 

efforts to combat election fraud and voting rights violations, and to deter and prosecute campaign finance 

crimes. Since the establishment of the Ballot Access and Voting Integrity Initiative, the Department has charged 

more than 150 individuals with election fraud offenses and more than 115 people have been convicted of election fraud. In addition, the Department has charged more than 70 individuals with campaign finance crimes 

and more than 55 defendants have been convicted of these crimes. 

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ENSURING INTEGRITY IN IRAQ AND AFGHANISTAN RECONSTRUCTION EFFORTS 

The Department also established a unified and coordinated approach for prosecuting procurement fraud cases 

associated with Iraqi and Afghan reconstruction efforts by forming the National Procurement Fraud Task Force 

in 2006, which has led to more than 35 criminal convictions. 

In one case in August 2007, U.S. Army Maj. John Cockerham, his wife, Melissa Cockerham, and his sister, 

Carolyn Blake, were indicted on charges of bribery, money laundering and conspiracy. All three defendants were 

alleged to have accepted millions of dollars in bribe payments on Cockerham’s behalf, in return for his awarding contracts to corrupt contractors. Cash bribes paid to the defendants allegedly totaled approximately $9.6 

million. In January 2008, Cockerham pleaded guilty to bribery, money laundering and conspiracy, and Melissa 

Cockerham pleaded guilty to money laundering. 

PROTECTING THE INTEGRITY OF THE MARKETPLACE 

In July 2002, President Bush created the Corporate Fraud Task Force to strengthen the efforts of the 

Department, as well as federal, state and local agencies, in investigating and prosecuting significant financial 

crimes. The Task Force was formed in response to a number of high-profile acts of fraud and dishonesty that 

occurred in corporate executive suites and boardrooms across the country. Since July 2002, the Department has 

obtained nearly 1,300 corporate fraud convictions. These figures include convictions of more than 200 chief 

executive officers and corporate presidents, more than 120 corporate vice presidents and more than 50 chief 

financial officers. Significant cases include: 

Enterasys Network Systems Inc.Eight former officers of Enterasys, including the chairman and the 

CFO, pleaded guilty or were found guilty at trial in December 2006 on charges stemming from a 

scheme to artificially inflate revenue to increase, or maintain, the price of Enterasys stock. The fraud and 

its public disclosure caused shareholders to lose approximately $1.3 billion. 

National Century Financial Enterprises.n 2008, six National Century Financial Enterprises (NCFE) 

executives were convicted at trial for their roles in a scheme to deceive investors about the financial 

health of NCFE that cost investors more than $2 billion. The executives deceived investors and rating 

agencies about the financial health of NCFE and how investors’ money would be used. The company 

was one of the largest healthcare finance companies in the United States until it filed for bankruptcy in 

November 2002. 

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British Petroleum.In October 2007, British Petroleum and several of its subsidiaries agreed to pay a 

criminal penalty of $100 million, a payment of $25 million to the U.S. Postal Inspection Consumer 

Fraud Fund, and approximately $53 million in restitution, plus a civil penalty of $125 million to the 

Commodity Futures Trading Commission, as part of an agreement to defer the prosecution of a onecount criminal information charging BP America Inc. with conspiring to violate the Commodity 

Exchange Act and to commit mail fraud and wire fraud. 

FOREIGN CORRUPT PRACTICES ACT (FCPA) ENFORCEMENT 

Since 2001, the Department has substantially increased its focus on FCPA violations. Already the world’s leading prosecutor of foreign bribery offenses, the Department brought more FCPA prosecutions in the last five 

years than in all of the previous 26 years dating back to passage of the FCPA statute in 1977. In 2007, the 

Department brought 16 enforcement actions, compared to four in 2002. While enforcement actions against 

corporations have increased, so too have prosecutions of individuals. In 2007, eight individual defendants either 

were indicted or pleaded guilty. Key enforcement actions include: 

Vetco International Ltd. In February 2007, three subsidiaries of Vetco International pleaded guilty, and 

a fourth subsidiary entered into a deferred prosecution agreement, in connection with violations of the 

anti-bribery provisions of the FCPA that involved making approximately $2.1 million in corrupt payments to Nigerian government officials over a two-year period. As part of the plea and deferred prosecution agreements, the three subsidiaries paid a total of $26 million in criminal fines, the largest criminal fine to date in an FCPA prosecution. 

Baker Hughes Services International Inc. In April 2007, Baker Hughes Services International Inc. 

(BHSI) entered into a deferred prosecution agreement and its subsidiary, Baker Hughes Incorporated, 

pleaded guilty to violating the FCPA, conspiring to violate the FCPA and aiding and abetting the falsification of the books and records of its parent company Baker Hughes. As part of the agreements, BHSI 

agreed to an $11 million fine which, when considered in conjunction with penalties and disgorgement of 

profits imposed by the Securities and Exchange Commission, constitutes the largest collective penalty ever 

imposed in an FCPA case, a total of $44 million. 

Willbros Group Inc. In May 2008, Willbros Group entered into a deferred prosecution agreement 

with the Department in connection with bribes paid through its subsidiary, Willbros International, to 

Nigerian and Ecuadorian government officials. Willbros had paid more than $6.3 million to Nigerian 

officials in connection with gas pipeline construction project and $300,000 to Ecuadorian officials in 

connection with a gas pipeline rehabilitation project. As part of the agreement with the Department, 

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Willbros paid a criminal fine of $22 million, and in a simultaneous agreement with the SEC, Willbros 

disgorged $10.3 million in profits and pre-judgment interest. 

In addition to charges brought under the FCPA anti-bribery provisions, more than $24 million in penalties have 

been levied by the Criminal Division in cases involving suppliers of humanitarian goods under the U.N. Oil for 

Food program. The United States has prosecuted more of the companies that paid kickbacks under the program 

than any other country. The two most recent enforcement actions concerning humanitarian contracts under the 

program were against AB Volvo and Flowserve Corporation. 

ENRON TASK FORCE 

Formed in 2002 in the wake of Enron Corporation’s collapse, the Enron Task Force charged 34 defendants, 26 

of whom were former Enron executives, including the landmark convictions of former Enron CEOs Jeffery 

Skilling and Kenneth Lay. Skilling was ultimately sentenced to more than 24 years in prison for his role. The 

Department has seized more than $100 million and has worked with the SEC to obtain orders directing the 

recovery of more than $450 million for the victims of the Enron fraud. All Enron Task Force cases are now being 

handled by the Criminal Division’s Fraud Section, with the investigatory assistance of the FBI. 

MEDICARE FRAUD 

In March 2007, the Division created a Medicare Fraud Strike Force to protect the integrity of the Medicare program. The Strike Force identified areas with the highest level of suspicious activity. In Phase One, in MiamiDade County in Florida, the Strike Force used real time analysis of Medicare billing data to identify and investigate possible fraud. Phase Two of the Strike Force began operation in Los Angeles in May 2008. As of 

September 2008, federal prosecutors had brought 104 cases charging 184 defendants in Los Angeles and Miami. 

Collectively, these defendants fraudulently billed the Medicare program for more than half a billion dollars. 

IDENTITY THEFT 

In May 2006, President Bush created an inter-agency Identity Theft Task Force, chaired by the Attorney General 

and co-chaired by the Federal Trade Commission (FTC) chairman. After examining government and private 

sector efforts in the identity theft area, the Task Force in April 2007 issued a report to the President with 31 recommendations to improve our national efforts to combat identity theft. These recommendations included protecting personal data in the private and public sector, investigating and prosecuting data breaches and related 

identity theft and assisting victims of identity theft. The Task Force has worked to implement these 31 recommendations throughout the last year across the government and with the private sector and international partners. During FY 2007 charges were brought against 2,470 defendants for violations of federal identity theft 

statutes and 1,943 convictions were obtained under those statutes. 

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MORTGAGE FRAUD 

In June 2008, the Department announced Operation Malicious Mortgage, which resulted in charges against 

more than 400 defendants in cases from across the nation, including prosecutions brought by the 40 local and 

regional task forces currently targeting mortgage fraud. In a similar endeavor, Operation Quick Flip featured a 

nationwide takedown in 2005 of mortgage fraud cases charging a total of approximately 155 defendants based 

on investigations conducted by the FBI, HUD-IG, U.S. Postal Inspection Service and IRS-CI. Operation 

Continued Action was another initiative in 2004 that targeted mortgage fraud and other schemes in more than 

150 cases brought against defendants victimizing financial institutions in more than 35 states. 

Further, the Department’s national Bank Fraud Working Group (BFWG), which promotes effective coordination 

between the law enforcement and federal bank regulatory communities, last year formed the Mortgage Fraud 

Working Group to closely track developments and facilitate information sharing regarding mortgage and subprime 

lending fraud. Together, the BFWG and the MFWG monitor mortgage and subprime fraud developments. 

HURRICANE KATRINA FRAUD TASK FORCE 

In September 2005, the Department established the Hurricane Katrina Fraud Task Force, which is charged with 

deterring, detecting and prosecuting individuals who try to take advantage of the disasters related to Hurricanes 

Katrina, Rita, Wilma, Gustav and Ike, as well as other natural disasters. The Task Force has brought charges against 

921 individuals in 43 federal judicial districts across the country since Hurricane Katrina made landfall in the Gulf 

Coast region in August 2005. As of November 2008, the Command Center had received and screened more than 

26,000 complaints relating to disaster fraud and referred more than 17,000 of those complaints to law enforcement for investigation. In addition, in 2008, the Command Center disaster fraud hotline was made available to 

receive complaints about possible fraud relating to the California wildfires, the Iowa floods, and most recently 

Hurricanes Gustav and Ike. 

ASSET FORFEITURE AND MONEY LAUNDERING 

The Asset Forfeiture Program, led by the Criminal Division’s Asset Forfeiture and Money Laundering Section 

(AFMLS), forfeited more than $1 billion dollars each year for the past three years, depriving criminals of assets 

totaling more than $3 billion. In FY 2008, $434 million in acquired forfeiture funds were applied to compensation for more than 35,000 crime victims, more than double the amount returned to victims in 2007 ($137 

million) and more than seven times the amount returned to victims in 2006 ($62 million). 

Since the inception of the Department’s international asset sharing program in 1989, the U.S. has shared more 

than $230 million with 34 jurisdictions and countries, providing tangible evidence of the Department’s comACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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mitment not only to deprive criminals of their illegal resources, but also to recognize foreign governments that 

assist U.S. forfeiture proceedings with a share of recovered proceeds. Notable initiatives regarding asset forfeiture and money laundering include: 

National Suspicious Activity Report (SAR) Review Team.AFMLS created the first- ever National 

SAR Review Team, which focuses on a broad range of suspicious activity classifications that show a significant international nexus between a potential violation and the activity described in the Report. This 

approach is designed to capture complex schemes that are multi-jurisdictional in nature, involve foreign 

nationals and overlap with potential terrorism intelligence. 

American Express Bank International.In August 2007, American Express Bank International entered 

into a deferred prosecution agreement on charges of failing to maintain an effective anti-money laundering program and agreed to forfeit $55 million to the U.S. government. The Financial Crimes 

Enforcement Network (FinCEN) also assessed a $25 million civil money penalty against the company 

for violations of the Bank Secrecy Act, and the Federal Reserve assessed a $20 million civil penalty. The 

$20 million Federal Reserve penalty and $15 million of FinCEN’s $25 million penalty were deemed 

satisfied by the payment of the $55 million forfeiture, resulting in total payments of $65 million by 

American Express Bank International under the settlements. 

Union Bank.In September 2007, Union Bank, a wholly-owned subsidiary of UnionBanCal 

Corporation, entered into a deferred prosecution agreement on charges of failing to maintain an effective anti-money laundering program and agreed to forfeit $21.6 million to the U.S. government. 

FinCEN and the Office of the Comptroller of the Currency (OCC) each assessed an additional $10 

million civil money penalty against the company for violations of the Bank Secrecy Act. The FinCEN 

penalty was deemed satisfied by a single payment of $10 million to the OCC, resulting in total payments of $31.6 million by Union Bank of California under these settlements. 

PROTECTING THE WELFARE OF AMERICA’S CHILDREN AND COMMUNITIES 

Child Pornography 

During the last six years, the Child Exploitation and Obscenity Section (CEOS) has worked with domestic and 

international investigative partners, U.S. Attorneys’ Offices and 30 federally funded Internet Crimes Against 

Children (ICAC) Task Forces to develop and coordinate 18 nationwide investigations targeting the production, 

distribution, receipt and possession of child pornography by more than 12,000 individuals residing in the 

United States. The CEOS High Tech Investigative Unit, comprised of computer forensic specialists with 

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advanced technological skills who focus on online distributions of obscenity and child pornography, has initiated and worked on more than 380 complex investigations since it was created in 2002. 

Sex Tourism and Other Travel to Engage in Sex with Minors 

CEOS, together with the U.S. Attorneys’ Offices around the country and international partners, works to develop strategies to identify American sex tourists and prosecutes cases arising under federal statutes prohibiting 

interstate and international travel to engage in sex with children. More than 60 prosecutions have been brought 

since 2004, when efforts were intensified to pursue American sex tourists traveling abroad to abuse children. 

Innocence Lost Initiative 

In June 2003, CEOS, the FBI and the National Center for Missing and Exploited Children (NCMEC) 

launched the Innocence Lost National Initiative. In the five years since its inception, the Initiative has resulted 

in the development of 29 dedicated task forces and working groups throughout the U.S. involving federal, state 

and local law enforcement agencies working in tandem with U.S. Attorneys’ Offices. In addition, the 

Department has secured 366 convictions, identified 536 victimized children and trained more than 600 personnel from cities across the country in multi-disciplinary teams. 

In one case, in August 2008, Don Arthur Webster Jr. was sentenced to 30 years in prison after being convicted 

on 28 counts in the first sex trafficking trial in the District of Alaska. Webster operated sham escort businesses 

that were fronts for prostitution in the Anchorage, Alaska area. Webster targeted children and women who were 

homeless, in low-paying jobs or runaways, by inviting them to work for his purported “escort services.” Victims 

testified that Webster would physically assault and abuse the women in various ways, describing repeated choking, punching, slapping, and being bound and strip-searched by Webster or someone acting at his direction. 

One victim also described Webster raping her, and several others testified that Webster insisted on having sex 

with them. 

Obscenity Prosecution Task Force 

Created in 2005, the Obscenity Prosecution Task Force is dedicated exclusively to the protection of America’s 

children and families through the enforcement of our nation’s obscenity laws. The Department has secured 

more than 55 convictions on obscenity or related charges since 2000, with a number of additional defendants 

charged and awaiting trial. 

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National Child Victim Identification Project 

The Endangered Child Program, created in 2004, is a combined effort to identify the children depicted in the 

horrible images of child pornography. The effort, led by NCMEC and the FBI, has resulted in the identification of 37 child victims through the use of “John Doe” indictments and a call for public assistance through the 

television show “America’s Most Wanted” and other venues. 

COMBATING COMPUTER-BASED CRIMES AND PROTECTING INTELLECTUAL PROPERTY RIGHTS 

Intellectual Property Crimes 

With new advancements in technology and the wide-spread availability of the Internet, computer and intellectual property crimes have evolved to allow individuals who never set foot in the United States to perpetrate 

crimes against U.S. citizens. The Computer Crime and Intellectual Property Section (CCIPS) has made the 

investigation and prosecution of large-scale, multi-national intellectual property (IP) cases a top priority. As a 

result, its IP caseload increased by more than 800 percent from 2002 to 2006, and in FY 2007, CCIPS charged 

35 percent more defendants with IP crimes than in FY 2006. In FY 2008, CCIPS’s investigation and case workload increased from the previous year by more than 30 percent. Significant CCIPS endeavors include: 

Operations Fastlink and Sitedown. Since 2004, CCIPS has led the two largest multinational law 

enforcement efforts ever directed at online piracy, known as Operations FastLink and SiteDown. Each 

operation involved simultaneous takedowns in 12 countries; more than 200 searches and arrests involving more than 30 states; more than $100 million in seized pirated works; and a total of 112 felony convictions to date in the United States. 

Health & Safety Initiative. CCIPS coordinated private, state and federal enforcement resources to address 

the proliferation of counterfeit goods posing a danger to consumers, including counterfeit and illegally prescribed pharmaceuticals. This initiative resulted in several nationally publicized cases, including: a 

Jordanian national who was sentenced to 48 months in prison for the importation and distribution of 

more than 38,000 counterfeit Viagra tablets, some of which were adulterated; two defendants and two corporations who pleaded guilty to trafficking in a combined total of 518,028 tubes of counterfeit Colgate 

toothpaste with an estimated retail value of $730,419; and 11 individual guilty pleas and $10 million in 

forfeited proceeds resulting from a 313-count indictment against 18 defendants charged with racketeering 

and other offenses related to a massive Internet pharmacy and drug distribution enterprise. 

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Auction/Online Web site Initiative. Working with computer hacking and intellectual property 

(CHIP) prosecutors nationwide, CCIPS developed an Online Counterfeiting and Piracy Auction/Web 

site Initiative to address the most profitable and culpable sellers involved in large-scale commercial sales 

of counterfeit and pirated materials on the Internet through auction sites, classified advertisement sites 

and direct sales sites. To date, the Initiative has resulted in the convictions of 33 individuals, 20 of 

which were obtained in 2008. 

COMPUTER-BASED CRIMES 

In FY 2008, the number of open CCIPS cases involving computer crime offenses increased by more than 300 

percent from the previous year; the number of open investigations increased by more than 250 percent; the 

number of indictments increased by 180 percent; and the number of pleas and convictions increased by 100 

percent. Notable cases include: 

TJX Hacking. In August 2008, 11 defendants allegedly involved in the hacking of nine major U.S. 

retailers and the theft and sale of more than 45 million credit and debit card numbers were charged with 

numerous crimes, including conspiracy, computer intrusion, fraud and identity theft. The retailers 

included TJX Companies, BJ’s Wholesale Club, OfficeMax, Boston Market, Barnes & Noble, Sports 

Authority, Forever 21 and DSW. The case is the largest hacking and identity theft case ever brought by 

the Department. 

Operation Firewall. CCIPS was the prosecution lead on “Operation Firewall,” the first-ever takedown 

of a major online carding and ID theft operation run by a criminal organization known as Shadowcrew. 

A year-long undercover investigation resulted in the simultaneous arrests and searches of 21 individuals 

in 11 districts in the United States and another eight members in six foreign countries. The Shadowcrew 

members trafficked in at least 1.7 million stolen credit card numbers and caused total losses in excess of 

$4 million. To date, there have been 22 domestic Shadowcrew convictions. 

United States v. Alan M. Ralsky et al. In December 2007, CCIPS and the U.S. Attorney’s Office 

for the Eastern District of Michigan obtained a 41-count indictment against 11 individuals involved 

in a worldwide stock fraud operation that was carried out through the use of spam e-mails. Residents 

of Michigan, California, Hong Kong and Russia were indicted for conspiracy, wire fraud, mail fraud, 

money laundering and CAN-SPAM Act violations. The criminal operation generated revenues of 

more than $20 million, largely consisting of profits from the sale of thinly traded stocks for Chinese 

companies that were manipulated through the tens of millions of spam e-mail messages sent by the 

conspirators. To date, two of the defendants have entered guilty pleas. 

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ENSURING DOMESTIC SECURITY 

Domestic Security Section (DSS) 

The security of our nation’s citizens and the integrity of our country’s borders are fundamental to the 

Department’s mandate to support national security and lie at the heart of the mission of the DSS. DSS seeks to 

ensure the security of the United States through prosecution and policy work in three areas of federal criminal 

law: complex immigration and border crimes; international human rights violations; and certain federal crimes 

of violence committed outside the United States. Prominent prosecutions include: 

United States v. Roy Belfast Jr. In October 2008, the Department secured the first ever conviction under 

the torture statute. Belfast, a/k/a Chuckie Taylor, was convicted by a federal jury of crimes related to the 

torture of people in Liberia between April 1999 and July 2003. According to trial testimony, Belfast commanded a paramilitary organization known as the Anti-Terrorist Unit that provided protection for the 

Liberian president and additional dignitaries of the Liberian government. Between 1999 and 2002, in his 

role as commander of the unit, Belfast and his associates committed numerous acts of torture. 

Operation Pipeline.In January 2006, 10 individuals were indicted on terrorism, alien smuggling and 

money laundering charges. The defendants laundered money they believed were proceeds from drug 

sales and would be used to further finance drug smuggling operations and weapons acquisition for the 

FARC. The defendants also participated in an alien smuggling organization that obtained identity documents for purported terrorists. The FARC is a violent terrorist organization that controls cocaine trafficking in areas of Colombia. All 10 defendants charged were convicted and sentenced for their crimes. 

In November 2000, the Military Extraterritorial Jurisdiction Act (MEJA) was enacted to extend federal criminal jurisdiction to a variety of DoD employees and dependents overseas who were not subject to the court-martial process under the Uniform Code of Military Justice. In 2004, Congress amended MEJA to cover civilian 

employees, contractors and contract employees of other federal agencies, but only to the extent that their 

employment “relates to supporting the mission of the Department of Defense overseas.” The Department has 

filed a publicly available federal indictment, information or complaint based on 16 MEJA referrals, with a number of additional matters under investigation. To date, the Department has secured eight convictions resulting 

from MEJA referrals. 

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COUNTERACTING NARCO-TERRORISM AND NARCOTICS TRAFFICKING 

The Narcotic and Dangerous Drug Section (NDDS) 

Cooperation with international law enforcement partners is crucial to NDDS’s mission to prosecute significant 

international drug trafficking cases under statutes that criminalize the extraterritorial manufacture or distribution of certain controlled substances intended or destined for the United States and to target drug traffickers 

who directly or indirectly support a person or organization that engages in terrorist activity and/or terrorism. 

In the past four years, NDDS has charged, extradited and convicted major Colombian narco-terrorist leadership targets and indicted 30 Consolidate Priority Targets (CPOTs). Notable trial successes include: 

Nayibe Rojas Valderama et al. [Appeal Pending.] In February 2007, a jury convicted Valderama, a/k/a 

Sonia, Jose Antonia Celis and Juan Diego Giraldo. This was the first U.S. conviction of a member of 

the FARC. 

Khan Mohammed. In May 2008, Mohammed, a member of an Afghan Taliban cell, was convicted in 

the first prosecution of a defendant for narco-terrorism. A jury convicted Mohammed on charges of narcotics distribution and narco-terrorism after hearing evidence that he was part of a Taliban plan to 

obtain rockets to attack U.S. military and Afghan civilian personnel at Jalalabad Airfield in Jalalabad, 

Afghanistan. 

To target the world’s largest international drug trafficking organizations, NDDS Special Operations Unit attorneys provide legal and case support to the Special Operations Division, a multi-agency intelligence and coordination center that is currently working on more than 200 multi-district operations. Significant accomplishments include: 

Operation Mountain Express. This operation targets brokers of methamphetamine precursor chemicals and has resulted in 150 arrests in 10 judicial districts nationwide, and seizures of 10 metric tons of 

pseudoephedrine capable of producing 18,000 pounds of methamphetamine, 83 pounds of finished 

methamphetamine, two pseudoephedrine extraction laboratories, one methamphetamine laboratory, 

136 pounds of processing chemicals and $8 million in cash. 

Project Reckoning. In September 2008, this massive international law enforcement operation resulted 

in the arrest of 175 alleged Gulf Cartel members and associates and led to the seizure of $60 million 

and more than 40 tons of illegal drugs from one of Mexico’s largest drug trafficking cartels, including 

the indictment of three alleged leaders. 

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In addition, NDDS oversees programs in Afghanistan in which experienced Assistant U.S. Attorneys (AUSAs), 

detailed to the Criminal Division, are stationed in Kabul, Afghanistan, to train and mentor Afghan counternarcotic and anti-corruption personnel. As a result, there have been more than 1,500 drug and drug-related convictions in Afghanistan’s Central Narcotics Tribunal. During the past three years, the AUSAs drafted and saw 

enacted the Afghan counternarcotics law and continue to advance rule of law efforts throughout Afghanistan in 

difficult and dangerous conditions. 

DISRUPTING AND DISMANTLING ORGANIZED CRIME 

Organized Crime and Racketeering Section (OCRS) 

OCRS coordinates the Department’s efforts to combat organized crime with principal enforcement efforts 

directed against traditional groups such as the La Cosa Nostra (LCN) and international organized crime groups. 

OCRS and the Strike Force Units have led investigations and produced convictions of the leadership and 

numerous members and associates of all the major LCN families. The prosecutions of these crimes involving 

thousands of victims resulted in millions of dollars in forfeiture and restitution. Ongoing efforts against the 

LCN have also resulted in a series of successful prosecutions of public officials including U.S. Congressman 

James Traficant, city officials in Cicero, Ill., Las Vegas, Camden, N.J., and others. Other prosecutions have targeted international organized crime figures including leaders and members of Asian criminal enterprises, groups 

from Eastern Europe and elsewhere. Major cases include: 

United States v. Pavel Lazarenko. Lazarenko was convicted in 2004 in a multi-million dollar money 

laundering case arising from his corrupt activities and embezzlement when he was Prime Minister of 

Ukraine. Lazarenko exploited the U.S. and international financial systems to conceal and move his illgotten gains. 

Bank of China Case. In August 2008, two former Bank of China managers and their wives were convicted for stealing more than $482 million from the Bank of China and laundering money through casinos in Las Vegas, as well as passport and visa fraud charges. The case points the way for significant 

cooperation between countries, even with very different legal systems, to combat international organized crime affecting the citizens of the United States. 

United States v. Bernard Roemmele et al. In 2006, the Department brought a major Internet and 

securities fraud case in the Southern District of Florida involving more than 46,000 victims and more 

than $16 million of criminal proceeds. This case has been described by the FBI as one of the largest 

Internet fraud prosecutions in the nation and arose from an investigation of CITX, a corrupt 

Pennsylvania Internet company, and its South Florida based marketing partner, PRSI, which had been 

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infiltrated by associates of the Colombo organized crime family. Together, these companies were alleged 

to have committed widespread mail, wire and securities fraud that stemmed from their selling non-existent e-commerce products. 

LAW ENFORCEMENT STRATEGY TO COMBAT INTERNATIONAL ORGANIZED CRIME 

In April 2008, Attorney General Mukasey announced the Law Enforcement Strategy to Combat International 

Organized Crime (IOC) to address the growing threat to U.S. security and stability posed by international 

organized crime. Ultimately, the Strategy aims to identify and designate priority IOC groups and individuals for 

concerted, high-impact law enforcement action by domestic and international agencies to significantly disrupt 

and dismantle those targets. As part of the implementation of the Strategy, the first Top International Criminal 

Organization Targets List (TICOT List) was distributed in November 2008 to federal agents and prosecutors. 

OCRS prosecutors continue to advance this mission by targeting international organized crime groups. 

Gang Unit and GangTECC 

To broaden its efforts to combat national and international gang-related crime, the Criminal Division created 

the Gang Unit (formerly called Gang Squad) in September 2007 to investigate, prosecute and ultimately reduce 

gang violence. The Gang Unit, comprised of a specialized team of federal prosecutors, strives to ensure national, border and public safety in the United States and abroad by coordinating district, state, national and international gang investigations and prosecutions and by developing and implementing strategies to disrupt and dismantle gangs. Since its inception, the Gang Unit has assisted and coordinated with U.S. Attorneys’ Offices on 

multi-district cases and partnered with national and international law enforcement agencies in an effort to prevent gang violence. Major cases include: 

United States v. Manuel de Jesus Ayala et al. In June 2008, 26 members of the MS-13 gang were 

charged with racketeering and related crimes including murder, drug trafficking, robbery, extortion, illegal possession of firearms, threats of violence, and intimidation of witnesses. To date, the indictment 

charges 70 criminal counts resulting from a conspiracy that spans El Salvador, three U.S. states, four federal districts and several North Carolina cities. The indictment alleges that one of the gang’s leaders exercised a leadership role in various MS-13 gang activities in the United States from his prison cell in El 

Salvador and received money wired from MS-13 members in the United States. 

United States v. Dany Fredy Ramos Mejia et al. In June 2007, three leaders of MS-13 incarcerated in 

El Salvador were charged with racketeering offenses as the result of their instructing gang members to 

commit a variety of crimes in the United States, including the murders of two individuals. In addition, 

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50 MS-13 members have been charged in three states in matters related to this investigation—30 of 

whom have been charged in this RICO conspiracy case. To date, 22 defendants have been convicted. 

The Gang Unit works closely with the Gang Targeting, Enforcement and Coordination Center (Gang TECC) 

and the FBI’s National Gang Intelligence Center in a collaborative effort to respond to the most serious gangrelated threats nationwide. Gang TECC serves as a vital catalyst in coordinating the operational components of 

the Department, as well as other agencies within the federal government, to ensure that tactical intelligence is 

shared among law enforcement agencies, and serves to coordinate multi-jurisdictional gang investigations. 

Increasing Cooperation with International Partners 

As is highlighted above, the work of the Criminal Division is increasingly transnational in nature. Through the 

Office of International Affairs (OIA), the Department has enhanced critical extradition and mutual legal assistance treaty relationships—including the first-ever treaties between the U.S. and the European Union, resulting 

in 54 new or updated extradition and mutual legal assistance treaties for which OIA serves as the central authority for the United States. 

OFFICE OF INTERNATIONAL AFFAIRS (OIA) 

OIA is responsible not only for treaty negotiations and the international criminal polices of the Department, 

but also for securing the return of fugitives from abroad and for obtaining foreign evidence and other assistance needed in U.S. criminal investigations and prosecutions. During the last eight years, OIA has steadily 

increased the number of fugitives extradited to the United States, culminating in a record 544 fugitives returned 

in FY 2008. OIA has also accomplished a six-fold increase in the number of fugitives returned from Mexico 

and the extradition of more than 800 fugitives from Colombia. In addition, OIA gradually modernized the 

network of more than 100 U.S. extradition treaties, and expanded our treaties for gathering evidence to more 

than 50. In FY 2008, OIA opened more than 4,500 new international extradition and evidence cases, a level 

of case activity 45 percent above that of 2000-2001 and indicative of the critical importance of international 

cooperation to the United States in combating crime. 

OFFICE OF OVERSEAS PROSECUTORIAL DEVELOPMENT, ASSISTANCE AND TRAINING (OPDAT) 

Established in 1991, OPDAT draws on the Department’s resources and expertise to strengthen foreign criminal justice sector institutions and enhance the administration of justice abroad. In FY 2008, OPDAT conducted 561 assistance programs involving 92 countries and managed $40.8 million in State Department and 

USAID funding. Also in FY 2008, OPDAT had 54 Resident Legal Advisors (RLA) in 32 countries. RLAs are 

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experienced federal or state prosecutors stationed in a host country for at least one year, where they provide fulltime advice and technical assistance in establishing fair and professional justice sector institutions and practices. 

OPDAT has had particular success with RLA-driven programs in Iraq, Indonesia, Colombia, the Balkans and 

Russia. 

INTERNATIONAL CRIMINAL INVESTIGATIVE TRAINING ASSISTANCE PROGRAM (ICITAP) 

Created in 1986, ICITAP has evolved into a full-service criminal justice development agency that plays an 

important role in fostering international stability and rule of law, which are vital to U.S. security in the post9/11 world. ICITAP now has 17 field offices worldwide and development programs in 45 countries. Between 

FY 2006 and FY 2008, ICITAP carried out more than 4,000 training programs for more than 253,000 law 

enforcement professionals around the world. In FY 2008, ICITAP was involved in nearly 150 technical assistance and training partnership activities with U.S. government agencies. 

Over the past eight years, the Justice Department has been dedicated to environmental results—bringing large, complex cases that obtain meaningful relief for the environment. The Environment and Natural Resources Division 

brings both civil and criminal enforcement actions, and defends federal agencies when their actions or decisions are 

challenged on the basis of our environmental or public lands and resources laws. 

During the Bush Administration, the Environment and Natural Resources Division has won judgments or settlements valued at more than $4.1 billion in civil penalties, cost recovery and other monetary impositions through vigorous environmental enforcement. In that same time, the Division secured approximately $45 billion in corrective 

measures through court orders and settlements to protect the nation’s environment and safeguard the public’s health 

and welfare. The Environment Division's criminal prosecutors also recorded impressive victories during the Bush 

Administration. The Department's Environmental Crimes Section imposed $495 million in criminal fines, restitution and other criminal monetary penalties during the past eight years. The Environment and Natural Resources 

Division also has a strong record of protecting the public through defensive litigation. Over the past eight years, 

ENRD has saved the federal government more than $16 billion in claims filed against various government agencies. 

The Division’s vigorous enforcement of our environmental laws has resulted in a large number of major enforcement 

accomplishments, including record-setting fines and penalties, first-time applications of environmental laws, and 

other achievements. 

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PROTECTING OUR AIR 

The Division has worked to protect the nation’s air quality by successfully pursuing Clean Air Act claims 

against utilities, oil refineries, automobile manufacturers, and diverse industrial facilities. Among the highlights are the following: 

Largest Environmental Settlement in History. In 2007, American Electric Power agreed to cut 813,000 

tons of air pollutants annually at a cost of more than $4.6 billion, pay a $15 million penalty, and spend 

$60 million on projects to mitigate adverse effects of its past excess emissions. An unprecedented coalition of eight states and 13 citizen groups joined the U.S. government in the settlement, and it was not 

only the largest settlement in terms of the value of injunctive relief but also the largest amount of emission reduction from stationary sources (e.g., power plants and factories). 

Highest Clean Air Act Penalty. In 2007, British Petroleum pled guilty to a felony and agreed to pay a 

$50 million criminal fine—the largest fine ever assessed under the Clean Air Act—for a catastrophic 

explosion resulting in 15 deaths and injuries to 170 people at their Texas City Refinery. This was just 

one penalty out of a total of $373 million in fines and restitution BP agreed to pay for the March 2005 

refinery explosion, leaks of crude oil from pipelines in Alaska, and fraud for conspiring to corner the 

market and manipulate the price of propane carried through Texas pipelines. 

Greatest Clean Air Act Civil Penalty for Failing to Prevent Accidental Releases. In 2004, Chevron 

Phillips Chemical Company agreed to pay a $1.8 million penalty and spend an additional $1.2 million 

on mitigation projects for Clean Air Act violations that led to two explosions and releases of chemicals 

into the air from a chemical manufacturing plant in Pasadena, Texas. This was a record settlement for 

Chevron Phillips’s failure to exercise sufficient care to prevent and address accidental releases of hazardous industrial chemicals into the air. 

Biggest Civil Penalty for Power Plant Clean Air Act Violations. In 2005, Dynegy Midwest Generation 

agreed to pay a $9 million civil penalty and $15 million in projects to mitigate harm from unlawful 

emissions. The settlement—which marks the largest civil penalty involving a power plant emissions case 

—will reduce emissions of harmful sulfur dioxide and nitrogen oxides from five plants by 54,000 tons 

each year. 

Record Emission-Defect Reporting Settlement. In 2005, DaimlerChrysler Corporation agreed to repair 

nearly 1.5 million Jeep and Dodge vehicles at a cost of $90 million for Clean Air Act violations of failing to properly disclose defective catalytic converters. In addition, the company also agreed to pay $1 

million in penalties and will spend at least $3 million to implement a project to reduce emissions from 

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diesel engines that were currently in use, making this the largest settlement yet for an emission-related 

defect reporting case. 

Highest Acid Rain Penalty in History. In 2007, East Kentucky Power Cooperative agreed to pay an 

$11.4 million penalty for Clean Air Act acid rain program violations—the largest civil penalty to date 

under that program. The utility is also required to undertake pollution controls that will reduce annual nitrogen oxide emissions by approximately 400 tons per year. 

PROTECTING OUR WATER 

The Division also pursued Clean Water Act claims and other measures to ensure the integrity of wastewater 

treatment facilities, remove harmful sediments from rivers, combat vessel pollution, and protect vital wetlands. Among other things, the Division successfully prosecuted cases as part of its ongoing Vessel Pollution 

Initiative, a concentrated effort to prosecute those who illegally discharge pollutants from ships into the 

oceans, coastal waters and inland waterways. Some examples of the Division’s work protecting our water 

include the following: 

Largest Criminal Fine Paid by Utility for Clean Water Act Violations. In 2006, the Puerto Rico 

Aqueduct and Sewer Authority agreed to pay $9 million in criminal fines and civil penalties and perform more than $1.7 billion in projects to resolve repeated environmental violations at 61 wastewater 

treatment plants and drinking water treatment plants throughout Puerto Rico. The criminal fine is the 

largest fine ever paid by a utility for violating the Clean Water Act. 

Groundbreaking Sewage Case. In 2004, the City of Los Angeles agreed to a $2 billion settlement resolving years of sewage spills, one of the largest Clean Water Act sewage cases in the nation’s history. Los 

Angeles operates the largest sewage collection system in the country with approximately 6,500 miles of 

lines. The consent decree, a groundbreaking effort to address all causes of sewage spills and odors in the 

city, requires Los Angeles to repair and replace its aging infrastructure and to work proactively to prevent future problems. In addition to the injunctive relief, the proposed decree requires the city to perform $8.5 million in beneficial environmental projects and pay civil penalties of $1.6 million. 

Record Criminal Fine for Vessel Pollution. In 2007, Overseas Shipholding Group pled guilty to 

crimes—involving 12 OSG oil tankers—related to concealing vessel pollution and was sentenced to pay 

a total of $37 million in penalties, the largest-ever penalty involving deliberate vessel pollution. This is 

one example of the Division’s successes under its Vessel Pollution Initiative. 

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Biggest Clean Water Act Criminal Misdemeanor Penalty. In 2008, CITGO agreed to pay a $13 million 

criminal fine—the largest ever for a criminal misdemeanor violation of the Clean Water Act—for a 

storm water spill of 53,000 barrels of oil into two rivers in Louisiana. The illegal discharge in 2006 limited commercial transportation on the waterways for approximately ten days. 

Landmark Storm Water Settlement. The EPA has identified storm water discharges as a leading cause 

of impaired water quality. In 2001, Wal-Mart agreed to pay a $1 million civil penalty and establish a 

$4.5 million environmental management plan to prevent construction-related pollution at the retailer's 

multiple construction sites throughout the country. This was the first federal judicial enforcement action 

against a single company for multi-state violations of the Clean Water Act's storm water provisions. In 

a separate case in 2004, Wal-Mart agreed to pay a $3.1 million civil penalty for violations at 24 locations in nine states, the largest penalty for storm water violations at construction sites. 

Nearly $2 Billion Municipal Clean Water Act Settlement. In 2006, the City of Indianapolis agreed to 

make an estimated $1.86 billion worth of improvements to resolve longstanding problems with overflows from its sewer system. The injunctive relief provided under the settlement will ultimately reduce 

the volume of Indianapolis’ combined sewer overflows by 90 percent, or by 7.2 billion gallons per average year. 

Biggest Water Permit Civil Penalty. In 2008, Massey Energy Company agreed to pay a $20 million civil 

penalty for Clean Water Act permit violations at coal mines in West Virginia and Kentucky. Massey— 

the fourth-largest coal company in the nation—agreed to take measures at all of its facilities that will 

prevent an estimated 380 million pounds of sediment and other pollutants from entering the nation’s 

waters each year. These compliance measures are unprecedented in the coal mining industry and marked 

the largest civil penalty in history levied against a company for wastewater discharge permit violations. 

Record Bounty for Vessel Pollution. In 2004, OMI Corporation paid a $2.1 million bounty to a crew 

member whistleblower, the largest reward provided under a provision of the Act to Prevent Pollution 

from Ships, which allows for half a criminal fine to be given to those providing information leading to 

conviction. 

Biggest EPA Wetlands Enforcement Penalty. In 2004, the Yellowstone Mountain Club, a private ski and 

golf resort near Yellowstone National Park, agreed to pay a $1.8 million civil penalty, the largest ever in 

an EPA wetlands enforcement case. The Club’s unauthorized discharge of fill material in wetlands had 

adversely affected several tributary streams of the Gallatin River, a world-renowned fishery. 

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Landmark Wetlands Enforcement Case. In 2005, a Mississippi home developer was convicted of violating the Clean Water Act for illegally filling in wetlands and for conspiracy and mail fraud for selling 

homes to hundreds of families despite warnings from public health officials that the illegal septic systems were installed in saturated soil and were likely to fail and contaminate the drinking water aquifer. 

The defendants were sentenced to a total of 23 years in prison and fined $5.3 million. 

PROTECTING THE ENVIRONMENT FROM HAZARDOUS MATERIALS 

Over the past eight years, the Division has fought to ensure that damaged land and waters are restored and 

record fines are imposed against those who illegally discharge hazardous materials into the environment. Some 

highlights follow: 

Record Settlement to Clean Up One of the Nation's Most Toxic Waste Sites. In 2001, the United States 

and California reached an agreement with Aventis CropSciences USA, Inc. that will fund cleanup costs 

that could approach $1 billion at the Iron Mountain Mine Superfund Site near Redding, California. 

The settlement is one of the largest settlements with a single private party in the history of the federal 

Superfund program. Through the creation of a unique funding vehicle that will generate $200-300 million over 30 years with a $514 million balloon payment in year 30, the settlement assures that money 

is available each year for long-term operation of a pollution treatment and control system needed to prevent toxic discharges from the site. This site has been one of the largest point sources of toxic metals in 

the United States, and the source of the most acidic mine drainage in the world. 

Largest Superfund Cost Recovery. In 2008, W.R. Grace agreed to pay $250 million—the highest sum 

in the history of the Superfund program—to reimburse federal costs for remediation of asbestos contamination in Libby, Montana. The action settles a bankruptcy claim brought by the government to 

recover money for past and future costs of cleanup of contaminated schools, homes, and businesses in 

Libby. 

Cleanup of Largest Body of Contaminated Water. In 2002, the Atlantic Richfield Company and five 

other mining companies agreed to pay $87 million to clean up contamination at Berkeley Pit in Butte, 

Montana. The Berkeley Pit—the nation’s largest body of contaminated water—was the site of extensive 

open pit mining from 1955 through 1982, leaving a hole in the middle of Butte roughly a mile wide 

and a half mile deep and filled with more than 25 billion gallons of highly acidic mine waste that endangered Butte’s drinking water supply. 

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One of the Largest Hazardous Waste Criminal Fines. In 2004, Rhodia, Inc., agreed to pay $18 million 

($16.2 million fine and $1.8 million in restitution) for illegally storing phosphorus waste. Rhodia operated the Silver Bow Plant in Montana, which manufactured elemental phosphorus, the waste from 

which spontaneously ignites when exposed to air. The company was ordered to clean up the now 

defunct plant and was placed on a five-year term of probation. The criminal fine is the largest paid for 

environmental violations in the District of Montana and one of the largest paid for hazardous waste 

crimes in the country. 

Record Environmental Fine. In 2001, Koch Petroleum Group, a petroleum refinery in Corpus Christi, 

Texas, pled guilty and agreed to pay $20 million, at the time a record amount imposed in an environmental criminal prosecution. In early 1995, it knowingly concealed its failure to conduct required tests 

that would have revealed the concentrations of hazardous air pollutants being discharged in its waste 

waters. The penalty included $10 million toward special projects to improve the environment in Corpus 

Christi. 

First Criminal Prosecution for Violation of Lead Hazard Warnings. In 2002, a Washington, D.C.-area 

landlord was sentenced to two years in prison for attempting to conceal his failure to notify tenants of 

the presence of lead-based paint (and hazards associated with that material). This case was the first-ever 

criminal prosecution related to failure to give lead hazard warnings required by the federal Lead Hazard 

Reduction Act of 1992. 

Second-Largest Prosecution for Ozone-Depleting Substances. In 2003, ten defendants pled guilty in a case 

involving a complex, multi-million dollar scheme to import and sell ozone-depleting gases under false pretenses and to avoid paying excise and income taxes from 1995-1998. Barry Himes, the lead defendant in 

this conspiracy, was sentenced to serve 6.5 years in prison and pay $1.8 million in restitution. 

First-Ever Pipeline Safety Act Case. In 2007, El Paso Natural Gas Company agreed to pay a $15.5 million penalty for Pipeline Safety Act violations involving a 2000 explosion killing 12 people in Carlsbad, 

New Mexico. This is the first settlement to occur under the Act, and EPNG will spend $86 million to 

implement widespread and comprehensive modifications of its 10,000-mile natural gas pipeline system. 

PROTECTING OUR NATURAL RESOURCES AND WILDLIFE 

The Division has secured landmark agreements and obtained record fines to help ensure that the nation’s most 

fragile wildlife and habitats are able to thrive in an industrial world. The Division’s successes include the following: 

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First Power Company Agreement to Protect Endangered Species. In 2002, Department announced a 

historic agreement with Xcel Energy to evaluate and alter its power lines to prevent the deaths of eagles, 

hawks and other migratory birds on more than 90,000 miles of electric transmission lines throughout 

12 states. The agreement is the first of its kind completed in the U.S. 

Significant Restoration of River Habitat. In 2004, the Department reached a settlement with eight companies which will pay nearly $60 million to restore natural resources in the Grand Calumet River and 

Indiana Harbor Canal—the largest natural resource damage settlement since the 1991 Exxon Valdez 

consent decree. The proposed settlement provides more than $53 million to clean up, restore and protect the waterways and surrounding areas, protect permanently 233 acres of land that contain important fish and wildlife habitat, and pay $2.7 million to state and federal agencies to reimburse them for 

damage assessment costs. 

Lacey Act Amended to Authorize Actions to Combat Illegal Logging. ENRD worked to obtain passage 

of amendments to the Lacey Act, the premier U.S. wildlife statute, that significantly expand its scope to 

make it illegal, for the first time, to bring into the United States wood or wood products that were 

logged or otherwise taken in violation of the conservation laws in other countries. Consistent with the 

President's Initiative against international illegal logging, the new amendments, passed on May 22, 

2008 as part of the 2008 Farm Bill, will enable ENRD to take criminal actions against parties seeking 

to bring illegally taken wood materials and products into the U.S. 

Largest Award for Damages to Marine Sanctuary. In 2006, owners and operators of a foreign-flagged 

container vessel agreed to pay $3.25 million for damages to Monterey Bay National Marine Sanctuary 

due to a spill in 2004, the largest damages awarded to date for harm caused to a national marine sanctuary. The spill caused significant long-term damage to the habitats within the national marine sanctuary, an area of high biological productivity and diversity. 

DEFENDING FEDERAL PROGRAMS AND INTERESTS 

Nearly half of attorney time in the Environmental and Natural Resources Division is spent defending a wide 

range of federal programs and interests. The Division has defended almost every federal agency, handling cases 

involving such diverse and critical matters as military training programs, securing water rights, and resolving 

American Indian issues. Among the highlights of cases handled over the past eight years are: 

Promoting Military Preparedness and National Security. In 2007 and 2008 the Division successfully 

defended the Navy in several cases, including a petition before the U.S. Supreme Court, that challenged 

the Navy’s use of midfrequency active sonar throughout the world as well as its use of low-frequency 

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sonar, a new experimental technology for anti-submarine warfare. Protecting the Navy’s ability to use 

sonar in training exercises is critically important to the Nation’s security and military readiness. The 

Division also had an unbroken record of wins at both the trial and appellate court levels in supporting 

live-fire military exercises at and around Vieques Island in Puerto Rico. The military was able to continue an essential readiness training program until it chose to relocate these operations away from 

Vieques Island. In 2007, after nearly three years of work, the Department cleared litigation obstacles for 

the Army’s “Stryker conversion” activity at its facilities in Hawaii. The Division's efforts enabled conversion and training activities needed by the Army for deployment of troops to Iraq and Afghanistan. 

Providing for Energy Needs While Protecting Endangered Species. In 2005, the Division successfully 

defended the U.S. Army Corps of Engineers' operation of the Missouri River system, a complex system 

of dam and reservoirs across seven states spanning from North Dakota to Missouri along the Missouri 

River. The Division's successful efforts ended over a decade of litigation and allowed the Corps projects 

to operate to meet their multiple purposes while at the same time ensuring the protection of fish and 

wildlife. In 2008, the Division defended the operation of the Federal Columbia River Power system, a 

system of more than 30 hydroelectric dams and reservoirs on the Columbia and Snake Rivers in 

Oregon, Washington, Idaho and Montana that provide for upwards of 50% of the electricity in the 

Pacific Northwest. Division efforts have assisted in the issuance of a new plan of operation for the system that allows it to continue to provide needed power and meet its other statutory purposes, while at 

the same time providing needed protections for salmon and steelhead. 

Protecting Submerged Lands and Inland Waters of the United States. In 2005, the Department prevailed in litigation regarding federal ownership of the scientifically important submerged lands in one 

of the most significant National Parks, the Glacier Bay National Monument and Preserve off the coast 

of Alaska, an area approximately the size of Tennessee. The U.S. Supreme Court’s ruling will strengthen the ability of the United States to oppose extravagant historic waters and juridical bay claims by other 

nations, thereby contributing to the United States’ strategic interest in the freedom of the seas. 

Implementing the President’s Healthy Forest Initiative. In August 2002, President Bush announced the 

Healthy Forests Initiative—a combination of statutory and regulatory changes intended to reduce 

paperwork requirements and enable agencies to ameliorate the conditions creating the catastrophic 

Western fires of late, capture the economic value from dead and dying timber, and to rehabilitate burned 

areas. The Department successfully defended the wide-ranging forest management activities of the 

Forest Service and the Bureau of Land Management to implement the Healthy Forest Initiative and promote stewardship of federal lands. As a result of these successes the agencies have treated more than 19 

million acres of federal lands under the Healthy Forest Initiative and National Fire Plan. 

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Defending Important Environmental Regulations. In May 2002, the Division obtained a favorable judgment upholding EPA regulations issued under the Clean Air Act that set heavy-duty vehicle emission standards, thereby requiring a significant reduction in levels of sulfur in diesel fuel. In 2003, the Division successfully defended EPA’s rule setting limits on the permissible level of radionuclides in drinking water. The 

Division also successfully defended against a challenge to EPA’s statutory authority under the Resource 

Conservation and Recovery Act to define as a regulated “hazardous waste” any substance that is either 

mixed with or derived from a listed hazardous waste. The court agreed that the Agency’s interpretation fulfills the purpose for which Congress passed the Act, to subject hazardous wastes to “cradle-to-grave” regulation in order to protect public health and the environment. 

Supporting the Strategic Border Initiative. To enhance domestic security, the Illegal Immigration Act 

requires the Department of Homeland Security (DHS) to build fencing along the United States/Mexico 

border. In 2008, the Division has worked closely with DHS and the United States Army Corps of 

Engineers to facilitate acquisitions, many of them through the exercise of eminent domain, of land necessary for construction on over 350 miles of areas located in Texas, New Mexico, Arizona, and California 

designated by DHS as priority areas. 

Defending the Military’s Chemical Weapons Demilitarization Program. The Division has successfully 

defended, in multiple cases from 2003 to 2008, the military’s efforts to destroy obsolete chemical munitions pursuant to international treaty obligations, which is vital to national security. These include challenges that would have interfered with the Army's neutralization of VX chemical weapon nerve agent 

at its Newport Chemical Agent Disposal Facility in Indiana and subsequent destruction of the resulting 

waste byproducts, as well as challenges to the Army's chemical and biological weapons destruction facilities in Umatilla, Oregon and Anniston, Alabama. 

Defending Tribal and Federal Interests in Water Rights Adjudications. The Division settled five major 

water rights adjudications in which the United States had asserted significant water rights claims for the 

benefit of tribes. Four of these settlements resolved longstanding disputes over water claims among various private water users and water districts and respectively, the Nez Perce Tribe in Idaho, the Gila River 

Indian Community in Arizona, the Soboba Band of Luinseno Indians in California, and the Lummi 

Nation in Washington State. Also, in 2006, the Supreme Court issued a consolidated final decree in 

Arizona v. California ending more than 50 years of litigation in the oldest original action brought before 

the Court by approving settlements between the United States, the Quechan Indian Tribe, and the State 

of the Arizona, and several water districts that resolved the water rights claims of the Tribe and resolved 

disputes regarding the Tribe’s Reservation boundaries in Arizona. 

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Protecting Tribal Hunting, Fishing and Gathering Rights. Over the past eight years, the Division 

achieved settlements protecting and furthering tribal hunting and fishing rights in three major cases. 

These included United States v. Michigan in which the United States, several tribes, the State of 

Michigan, and interested Michigan hunting and conservation groups negotiated a settlement that recognizes the existence and extent of the inland hunting and fishing rights of five tribes in Michigan; 

United States v. Washington in which the Division worked with 17 tribes, the State of Washington, and 

commercial entities to reach a settlement of the tribes’ treaty protected right to take shellfish, and United 

States v. Oregon which addressed the impacts of treaty fishing rights of four Columbia River Basin tribes 

established over thirty years ago on certain anadromous endangered fish species. 

Achieving Pathbreaking Settlement and Legislation to Restore a Major River. In 2006, the Department 

achieved an historic settlement to resolve an 18-year legal dispute over the operation of Friant Dam on 

the San Joaquin River in California. The settlement, when fully implemented through implementing 

legislation, will result in a series of projects to restore California’s second-longest river, the San Joaquin. 

The project will be one of the largest river restoration projects in United States history and will provide 

for substantial river channel improvements and sufficient water flow to sustain a salmon fishery while 

providing water supply certainty to irrigators who use water from Friant reservoir. 

Achieving Time-Critical Agreement on Intrastate Water Allocation. In 2004, the Department successfully defended litigation challenging water deliveries from the Colorado River to California, and helped 

the Department of Interior secure an historic agreement with the State of California and water users 

that saved Southern California from an unprecedented 12% reduction in water supply, preserved the 

Secretary's authority as river master on the lower Colorado River, and facilitated unprecedented transfers of water from agricultural to urban water users in Southern California. 

Obtaining Landmark Precedent in Takings Litigation Involving Protection of Natural Resources. In a 

series of precedentially-significant decisions, the Department successfully defended the United States 

against Fifth Amendment takings challenges involving regulations designed to protect wildlife and other 

natural resources. The Department had unmatched success during the past eight years in defending takings challenges involving reasonable restrictions on timber harvesting and water use under the 

Endangered Species Act, as well as necessary restrictions on mining pursuant to the Surface Mining 

Control and Reclamation Act. This string of victories resulted in a combined savings to the public fisc 

of hundreds of millions of dollars. 

Resolving Historic Indian Claims Commission litigation. In 2006, the Department resolved the final 

remaining action by a tribe filed under the Indian Claims Commission Act (ICCA). The settlement 

resolved the last of 615 petitions for compensation for historic wrongs filed by tribes under the ICCA. 

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Strengthening the Federal Enforcement of Indian Gaming Regulations. In 2006, a series of fast-moving, high-profile proceedings resulted in securing the closure of an illegal Indian gaming casino in Iowa 

that was generating $3 million per month in illegal net revenue. The court's decision in this important 

case also confirmed the National Indian Gaming Commission’s power and authority to effectively regulate Indian gaming. 

Since 2001, the highest priority of the Justice Department has been to protect America against terrorism and 

other threats to national security. Despite repeated efforts by terrorists, there has not been another foreign terrorist attack on American soil in the past seven years. During this time, the Department has significantly 

improved its ability to identify, penetrate, and dismantle terrorist plots and other national security threats due 

to a series of structural reforms, the development of new intelligence and law enforcement tools, and a new 

mindset that values information sharing, communication and prevention. Working with federal, state and local 

partners as well as international counterparts, the Department has not rested in its efforts to safeguard America. 

IMPLEMENTING STRUCTURAL CHANGES TO ENHANCE NATIONAL SECURITY 

Since 2001, the Justice Department and its component agencies have fundamentally restructured their operations to better address national security threats and prevent terrorist attacks. Some of the major structural 

reforms include the following: 

Creating the Justice Department’s National Security Division 

In September 2006, the Justice Department formally established the National Security Division (NSD) to 

merge the Department’s primary national security components into a single division to more effectively combat national security threats. The division brought together the former Office of Intelligence Policy and Review 

(OIPR), the Counterterrorism Section and the Counterespionage Section from separate parts of the 

Department. The new Office of Law and Policy, the Executive Office, the Office of Justice for Victims of 

Overseas Terrorism and the Foreign Investment Review Staff completed the NSD. The division’s achievements 

include: 

Improved coordination between prosecutors and law enforcement agencies on one hand, and intelligence attorneys and the Intelligence Community on the other, to strengthen the effectiveness of the government’s counterterror and counterespionage efforts. 

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Reorganized OIPR into the new Office of Intelligence, with three new sections to handle dramatically 

increased Foreign Intelligence Surveillance Act (FISA) workload, better coordinate FISA litigation and 

improve national security and intelligence oversight. 

Created a new Office of Law and Policy to harmonize national security legal and policy functions for 

the entire Department. 

Dramatically enhanced national security oversight to ensure FBI national security investigations comply with the nation’s laws, rules and regulations, including privacy interests and civil liberties. 

Launched the National Export Enforcement Initiative to combat the growing threat posed by illegal foreign acquisition of controlled U.S. military and strategic technologies. 

Promoted a national counterterrorism enforcement program through collaboration with Department 

leadership, the FBI, the Intelligence Community and U.S. Attorneys’ Offices. 

Processed record numbers of FISA applications submitted to the FISA Court, including 2,371 FISA 

applications in 2007, compared to 932 FISA applications in 2001. 

Funded and provided staffing for the Office of Justice for Victims of Overseas Terrorism, and designated 15 international terrorism events to allow for U.S. victim reimbursement. 

Established the Foreign Investment Review Staff to handle dramatically increased workload in connection with the Committee on Foreign Investment in the United States. 

Updating Internal Investigative Guidelines 

Since 2001, the Justice Department has worked diligently to review and update its internal investigative guidelines to bring investigative practice into line with counter-terrorism and national security priorities, to improve 

interagency coordination, and to prioritize intervention and prevention of terrorist acts before they occur. These 

efforts have included the following steps: 

The Department issued revised Attorney General Guidelines for FBI criminal investigations in 2002 

and in 2003 overhauled and issued new Attorney General Guidelines for FBI National Security 

Investigations and Foreign Intelligence Collection. 

In 2008, the Department issued new consolidated Attorney General Guidelines for all FBI domestic 

investigative activities and intelligence gathering activities, replacing five different sets of guidelines that 

had prescribed different procedures for similar activities. 

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The Department issued a new policy in 2008 for investigators and prosecutors on the use of information obtained or derived from FISA collections to ensure the consistent application of FISA in trial and 

appellate courts nationwide. 

COMBATING TERRORISM THROUGH INVESTIGATION AND PROSECUTION 

Since 2001, the Department’s Counterterrorism Section has spearheaded the development of new prosecution 

strategies, law enforcement efforts and other policies to support the Department’s counterterrorism efforts. 

During this time, federal prosecutors have had considerable success identifying, prosecuting, and incarcerating 

terrorists and those who provide them with financial assistance and other support. The Department has also 

moved to address the burgeoning threats of homegrown terrorism, as well as radicalization via the Internet, in 

prisons and via other means. 

In these cases, the Department has routinely faced critical decisions on when to bring criminal charges, given 

that a decision to prosecute a suspect can effectively end an intelligence investigation. Such determinations 

require the careful balancing of competing interests, including the incapacitation of a suspect and disruption of 

terrorist activities through prosecution on the one hand, or the continuation of intelligence collection about the 

suspect’s plans and confederates on the other. All the while, there is the risk that a suspect could carry out a violent act while authorities attempt to gather evidence. 

Using the Full Range of Statutes in Terrorism Related Prosecutions 

While it might be easier to secure convictions after an attack has occurred and lives are lost, in such circumstances, the Department would be failing in its mission to protect America and its citizens. For these reasons, 

the Department continues to act against terror threats as soon as the law, evidence and circumstances of each 

case permit, using any charge available. The material support statutes have formed a key component of these 

efforts, allowing prosecutors to target the provision of money and other assistance to terrorists and to intervene 

in early stages of terrorist planning. The Department also has had success disrupting terrorist activity using other 

statutes, including those prohibiting terrorist financing, use of explosives, hostage taking and more general 

offenses such as identity theft, immigration and false statement charges. 

Notable Terrorism Prosecutions Since 2001 

Since 2001, the Department has prevented a number of domestic and international terrorist plots and successfully prosecuted many of those involved. Some notable cases include: 

Richard Reid (District of Massachusetts)—In 2003, British national Richard Reid was sentenced to 

life in prison after pleading guilty to attempting to ignite a shoe bomb while on a flight from Paris 

to Miami that was carrying 184 passengers and 14 crewmembers. 

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Lackawanna Six (Western District of New York)—Six defendants from the Lackawanna, N.Y., area 

pleaded guilty to charges of providing material support to al Qaeda, based on their attendance at an al 

Qaeda terrorist training camp. The defendants were sentenced in 2003 to terms ranging from seven to 

10 years in prison. 

Portland Cell (District of Oregon)—Six defendants in the Portland, Ore., area were convicted of terrorism-related and money laundering charges after an investigation in 2002 found that they were 

preparing to travel to Afghanistan to fight American troops. The defendants were sentenced to terms 

ranging from three to 18 years in prison. 

Iyman Faris (Eastern District of Virginia)—n 2003, Iyman Faris was sentenced to 20 years in prison 

for terrorism violations stemming from his efforts to case a New York City bridge for al Qaeda and to 

provide information to al Qaeda on the tools necessary for possible attacks on U.S. targets. 

Abdurahman Alamoudi (Eastern District of Virginia)—In 2004, Alamoudi was sentenced to 23 years 

in prison for violating the International Emergency Economic Powers Act and other laws. As part of his 

plea, Alamoudi admitted his role in a Libyan sponsored plot to assassinate Saudi Arabia’s Crown Prince 

Abdullah. 

Ali Al-Timimi/Virginia Jihad (Eastern District of Virginia)—Al-Timimi was convicted in 2005 on all 

charges brought against him in connection with the “Virginia Jihad” case, which also resulted in 11 

other convictions. Al-Timimi, a spiritual leader at a mosque in Northern Virginia, encouraged others to 

go to Pakistan to receive training from terrorists in order to fight U.S. troops in Afghanistan. Al-Timimi 

was sentenced to life in prison. 

Ahmed Omar Abu Ali (Eastern District of Virginia)—In 2005, Abu Ali was convicted of terrorism violations in connection with his membership in an al Qaeda cell in Saudi Arabia and his efforts to plot 

the assassination of the U.S. President as well as conspiring to attack and destroy civilian airliners. Abu 

Ali was sentenced to 30 years in prison. 

Zacarias Moussaoui (Eastern District of Virginia)—In 2006, Moussaoui was sentenced to six consecutive life terms after pleading guilty in 2005 to various terrorism violations, admitting that he conspired 

with al Qaeda to hijack and crash planes into prominent U.S. buildings as part of the 9/11 attacks. 

Hamid Hayat (Eastern District of California)—In 2007, Hamid Hayat was sentenced to 24 years in 

prison on terrorism charges related to his attendance at a terrorist training camp in Pakistan and his 

return to the United States with the intent to wage violent jihad. 

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Jose Padilla and co-defendants (Southern District of Florida)—In 2007, Padilla, Adham Hassoun and 

Kifah Jayyousi were convicted of terrorism violations stemming from their roles in a North American 

terror support cell designed to send money, physical assets and recruits to overseas conflicts. Padilla was 

sentenced to more than 17 years in prison. 

California Prison Plot (Central District of California)—In 2007, Kevin James, who formed a radical 

Islamic organization while in California state prison, and two of his recruits, Levar Washington and 

Gregory Patterson, admitted in guilty pleas that they conspired to attack U.S. military facilities and 

Jewish facilities in Los Angeles. 

Mohammed Jabarah (Southern District of New York)—In 2008, Jabarah was sentenced to life in 

prison after pleading guilty to terrorism charges stemming from his participation in a plot to bomb U.S. 

embassies in Singapore and the Philippines. 

Holy Land Foundation (Northern District of Texas)—In 2008, the Holy Land Foundation for Relief 

and Development and five of its leaders were convicted of providing material support to the Hamas terror organization in connection with their efforts to raise and funnel approximately $12.4 million to 

Hamas under the guise of charitable donations. 

MILITARY COMMISSIONS 

On Oct. 17, 2006, the President signed the Military Commissions Act of 2006 (MCA), which provided statutory authority to try alien unlawful enemy combatants for violations of the law of war. The United States has 

employed military commissions to try its enemies for violations of the law of war since the Revolutionary War. 

The MCA established a commission system with an unprecedented set of protections for wartime prosecutions. 

Since the law was enacted, the Justice Department has worked closely with the Defense Department on a wide 

range of investigative, prosecutorial and civil litigation issues related to the military commissions, including: 

Assisted the DoD in developing a Manual for Military Commissions that set forth procedures for military commissions. The Secretary of Defense issued the Manual in January 2007. 

Provided a Justice Department team, comprised of attorneys and paralegals from U.S. Attorneys' offices 

and the National Security Division, as well as a large group of FBI agents and analysts, to support the 

Chief Prosecutor for the Office of Military Commissions in its investigation and prosecution of military commission cases. 

Charged, through a joint DoD and Justice Department prosecutorial effort, several high-value 

detainees, including Khalid Sheikh Mohammed and Ramzi Binalshibh, with offenses relating to their 

alleged roles in the 9/11 attacks. 

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Devoted extensive Justice Department resources and personnel to defend against challenges to detention brought in federal civilian court by detainees. 

COMBATING ESPIONAGE AND RELATED NATIONAL SECURITY THREATS 

Over the past seven years, espionage continued to be a substantial, yet evolving threat to U.S. national security. 

Where U.S. efforts to combat espionage once focused primarily on the Soviet Union and its allies, in recent years 

America has faced a growing number of espionage threats, ranging from the activities of foreign intelligence services and terrorist groups, to emerging cyber threats, to increasingly sophisticated operations to obtain trade secrets 

and restricted U.S. military and dual-use technologies from America. As these threats have evolved, the 

Department and its counterparts have implemented a variety of new counterespionage strategies to counter them. 

During this time, the Department’s Counterespionage Section has supervised the prosecution and investigation 

of spies who obtained or disseminated national security information, agents who worked in secret in the United 

States on behalf of a foreign power, individuals who leaked classified information and those who illegally exported restricted U.S. technologies. The Section has also provided assistance to prosecutors nationwide with the 

application of the Classified Information Procedures Act (CIPA) and has overseen the registration of foreign 

agents and the enforcement of the Foreign Agents Registration Act (FARA) through its dedicated FARA unit. 

Notable Espionage Prosecutions Since 2001 

Over the past seven years, the Justice Department has prosecuted some of the most notorious cases of espionage 

in recent memory. Some of the major cases include: 

Robert Hanssen (Eastern District of Virginia)—Hanssen, a veteran FBI agent, admitted in a 2001 

guilty plea that he engaged in a 15-year-conspiracy to commit espionage by providing highly classified 

national security information to Russia and the former Soviet Union. He was sentenced to life in prison 

without parole in 2002. 

Ana Belen Montes (District of Columbia)—Montes, the Defense Intelligence Agency’s (DIA) top Cuba 

analyst, pleaded guilty in 2002 and was sentenced to 25 years in prison for using her position at DIA 

to provide highly classified information, including the identities of American undercover intelligence 

officers, to the Cuban government. 

Brian Patrick Regan (Eastern District of Virginia)—Regan, who worked as a signal specialist at the 

National Reconnaissance Office, was convicted in 2003 of offering to sell U.S. intelligence secrets to 

China and Iraq. He was sentenced to life in prison. 

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Leandro Aragoncillo (District of New Jersey)—Aragoncillo, a former U.S. Marine who once worked 

in the Office of the Vice President, pleaded guilty in 2006 to espionage and other charges, admitting he 

transferred classified information to officials in the Philippines in an effort to destabilize that nation’s 

government. He was sentenced to 10 years in prison. 

Carlos Alvarez (Southern District of Florida)—Alvarez, a professor at Florida International University, 

admitted in a guilty plea in 2006 that he worked in the United States for nearly 30 years as a covert 

intelligence agent for Cuba, including gathering information on the Cuban exile community. He was 

sentenced to 60 months imprisonment. 

Noshir Gowadia (District of Hawaii)—Gowadia, a former Northrup Corporation engineer, was 

charged in a 2006 superseding indictment with espionage and export violations in connection with his 

alleged efforts to design a stealth cruise missile exhaust system for the People’s Republic of China. His 

trial is pending. 

Hassan Abujihaad (District of Connecticut)—Abujihaad, a former sailor in the U.S. Navy, was convicted in 2008 of, among other things, providing classified information on the movements of a U.S. 

Navy battle group to Azzam Publications, a London-based organization alleged to have provided material support to persons engaged in terrorism. 

Tai Shen Kuo and Gregg William Bergersen (Eastern District of Virginia)—Kuo and Bergersen pleaded guilty in 2008 to espionage violations for their roles in a conspiracy to provide national defense information, including classified information on U.S. military sales to Taiwan, to China. Bergersen worked 

at a Defense Department agency. 

Iraqi Illegal Agent Networks in the U.S. (nationwide)—Iraqi Illegal Agent Networks in the U.S. 

(nationwide)—Since the 2003 invasion of Iraq, roughly a dozen individuals have been charged with 

serving as illegal agents in the United States on behalf of the former Iraqi government of Saddam 

Hussein or its intelligence arm. 

EXPORT ENFORCEMENT AND COUNTER-PROLIFERATION EFFORTS 

In recent years, keeping restricted U.S. military and dual-use technology from falling into the wrong hands has 

become a top counterespionage priority of the Department. Foreign states and terrorist organizations routinely 

seek arms, technology, and other materials from the U.S. to advance their technological capacity, weapons systems and, in some cases, weapons of mass destruction programs. In Oct. 2007, the Department institutionalized the expansion of its export control efforts by launching the National Export Enforcement Initiative, which 

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is designed to increase training and coordination among export control agencies, enhance prosecution of these 

crimes, and deter illicit technology acquisition efforts. The initiative’s accomplishments include: 

Appointed the Justice Department’s first National Export Control Coordinator in 2007. 

Charged more than 145 defendants in export control or embargo cases in FY 2008, compared to 

roughly 110 in FY 2007, with 43 percent of these cases involving illicit exports of restricted U.S. military or dual-use technology to Iran or China. 

Established approximately 15 multi-agency Counter-Proliferation Task Forces in judicial districts 

around the country to enhance coordination on export control investigations. 

Increased training on export control matters, with more than 500 prosecutors and agents nationwide 

receiving such training since October 2007. 

Worked with other agencies to create several mechanisms to enhance export control coordination 

among law enforcement, licensing agencies and the Intelligence Community. 

Notable Export Enforcement Prosecutions in Recent Years 

In recent years, the Department has handled a growing number of prosecutions involving illegal exports of sensitive U.S. technology. Some representative cases include: 

Asher Karni (District of Columbia)—In 2005, Asher Karni pleaded guilty to charges that he conspired 

to illegally export 66 nuclear detonators and oscilloscopes with nuclear weapons applications to 

Pakistan. Karni also admitted that he exported sensitive U.S. electronics to facilities in India involved in 

nuclear and missile development. 

ITT Corporation (Western District of Virginia)—In 2007, ITT Corporation, a leading manufacturer of night vision technology for the U.S. military, agreed to pay a $100 million fine and admitted to 

illegally exporting restricted U.S. night vision data to China and other nations. 

Chi Mak (Central District of California)—In 2008, Chi Mak, a former engineer for a U.S. Navy contractor, was sentenced to more than 24 years in prison for orchestrating a conspiracy to obtain and illegally export to China technical data about the U.S. Navy’s current and future warship technology. Mak’s 

four co-defendants all pleaded guilty. 

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J. Reece Roth (Eastern District of Tennessee)—In 2008, Roth, a former professor at the University of 

Tennessee, was convicted of illegally exporting to foreign nationals and to China military technical 

information relating to Unmanned Aerial Vehicles or “drones.” 

Mayrow General Trading (Southern District of Florida)—In 2008, Mayrow General Trading and 15 

other defendants were charged with illegally exporting to Iran U.S.-origin electronics used in improvised 

explosive devices (IEDs). The defendants allegedly illegally exported to Iran U.S.-origin microcontrollers that have been found in IEDs in Iraq. 

ESTABLISHING PARTNERSHIPS TO KEEP AMERICA SAFE 

In order to better combat national security threats, over the past seven years the Department has increased its 

partnerships at the federal, state and local levels and has forged strong ties with its counterparts overseas. Some 

of these efforts include: 

Coordinating with Federal, State and Local Partners 

Increased the number of agents and police officers on Joint Terrorism Task Forces around the country 

from under 1,000 before 2001 to nearly 3,900 today. 

Created Anti-Terrorism Advisory Councils in each U.S. Attorney’s office across the country to enhance 

information sharing with state and local authorities and to enhance communications between Main 

Justice and U.S. Attorneys on terrorism matters. 

Helped fund and participate in more than 50 information fusion centers that have been created in 

roughly 46 states since 9/11. 

Provided critical leadership to the Terrorist Screening Center, a multi-agency center under the FBI’s 

National Security Branch that manages the consolidated terrorist watch list. 

Provided critical participation in the multi-agency National Counter Terrorism Center (NCTC), which 

was created in 2004 to integrate terrorism intelligence and conduct strategic operational planning. 

Provided critical participation in the Foreign Terrorist Tracking Task Force, which uses analytical 

processes and proprietary technologies to find, track and remove terrorists. 

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Coordinating with International Counterparts 

Created 16 new FBI offices in foreign countries since 9/11, including new offices in Afghanistan and 

Iraq that have played critical roles in U.S. counter-terror efforts. 

Responded to hundreds of formal requests from partners around the world for assistance in terrorism 

investigations though a global network of Mutual Legal Assistance Treaties. 

Shared thousands of pieces of threat-related information with international partners. 

Played a critical role in Operation Iraqi Freedom since May 2003, with more than 200 Justice 

Department employees and contract personnel serving throughout Iraq today, including a senior 

Department official who serves as the Rule of Law Coordinator in Iraq. 

Protecting the Privacy and Civil Liberties of Americans 

As the nation’s primary law enforcement agency, the Justice Department strives to be a model for ensuring that 

Americans’ privacy and civil liberties are forcefully protected in all the Department’s national security efforts. 

Enhancing National Security Oversight 

In recent years, the Department has dramatically enhanced national security oversight to ensure that its 

national security efforts comply with the nation’s laws, rules and regulations, including privacy interests and 

civil liberties. These efforts include: 

Launched a comprehensive national security oversight initiative in 2007 and created a dedicated new 

Oversight Section in the National Security Division to ensure that national security investigations comply 

with the nation’s laws, rules, and regulations. 

Began conducting, for the first time, comprehensive national security reviews at FBI headquarters and 

field offices, completing 15 such reviews in 2007. The Department plans to complete another 17 such 

reviews by the end of 2008. 

Implemented dramatic reforms in 2007 and 2008 to address problems identified in the FBI’s use of 

National Security Letters. 

Increased the number of FISA minimization and accuracy reviews in recent years to ensure compliance 

with minimization requirements ordered by the FISA Court and to ensure the accuracy of applications 

submitted to the FISA Court. 

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Began conducting, in 2007, reviews of all FBI referrals to the President’s Intelligence Oversight Board 

to detect patterns that may require changes in policy or training. 

Created the FBI’s Office of Integrity and Compliance in 2007 to ensure there are processes and procedures in place at the FBI that promote both the letter and spirit of applicable laws, regulations and policies—not only in national security activities, but in all FBI activities. 

OFFICE OF THE SOLICITOR GENERAL 

During the Bush Administration, the Office of the Solicitor General filed approximately 170 petitions for a writ 

of certiorari asking the Court to hear a case; 4,500 responses to petitions in cases to which the federal government was a party; and 150 amicus curiae briefs at the petition stage. At the merits stage, OSG briefed approximately 270 cases as a party and 285 cases as an amicus curiae, and argued approximately 475 times before the 

Supreme Court. Notable cases include: 

Successfully defended the President’s faith-based initiatives against First Amendment challenge; the 

Court held there was not taxpayer standing to mount the challenge (Hein v. Freedom from Religion 

Foundation). 

Successfully supported school voucher program that permitted the use of vouchers at religious schools 

against Establishment Clause challenge (Zelman v. Simmons-Harris). 

Successfully defended the constitutionality of the federal statute barring partial birth abortions (Gonzales 

v. Carhart). 

Successfully defended the constitutionality of the Americans with Disabilities Act as applied to the 

states, against Eleventh Amendment challenge (Tennessee v. Lane). 

Successfully defended the constitutionality of the Religious Land Use and Institutionalized Persons Act, 

which requires prison officials to accommodate inmates’ religions (Cutter v. Wilkinson). 

Supported the government’s ability to display the Ten Commandments in public settings; the Court 

upheld one such display and invalidated another (Van Orden v. Perry; McCreary County v. ACLU). 

Successfully supported constitutional challenge to public school districts’ placement of students on the 

basis of race (Parents Involved in Community Schools v. Seattle School Dist. No. 1). 
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Successfully argued that a federal civil rights law prohibits retaliation against a person who tried to help 

another pursue the legal right to a workplace free of racial discrimination (CBOCS West Inc. v. 

Humphries). 

Successfully defended the Bipartisan Campaign Finance Reform Act against challenges to its facial constitutionality under the First Amendment (McConnell v. Federal Election Commission). 

Successfully supported the constitutionality of state laws requiring voters to present photographic identification (Crawford v. Marion County Election Board). 

Successfully supported schools’ authority to regulate student speech concerning illegal drugs against 

First Amendment challenge (Morse v. Frederick). 

Successfully defended the President’s authority to detain enemy combatants (Hamdi v. Rumsfeld). Also 

defended the constitutionality of the Military Commission Act, which provided for military commissions to make enemy combatant determinations (Boumediene v. Bush). The Court held that a judicial 

determination of enemy-combatant status is required. 

Successfully defended the United States’ constitutional and statutory authority to detain in Iraq, and 

surrender to Iraqi authorities, United States citizens captured in Iraq (Munaf v. Geren). 

Successfully defended the Navy’s authority to conduct critical sonar training against challenges under 

environmental laws (Winter v. Natural Resources Defense Council Inc.). 

Successfully defended against constitutional challenges the federal statute that protects the military’s 

equal access to recruiting opportunities on college campuses (Rumsfeld v. Forum for Academic and 

Institutional Rights Inc.). 

Successfully defended the confidentiality of the Vice President’s deliberative process (Cheney v. U.S. 

District Court for District of Columbia). 

Defended the constitutionality of the federal Sentencing Guidelines; the Court held that the guidelines 

could continue to be applied, but not on a mandatory basis (United States v. Booker). 

Successfully supported the constitutionality of the use of lethal injection to administer the death penalty 

(Baze v. Rees). 

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Successfully defended the constitutionality of the Controlled Substances Act as applied to prohibit the 

use of marijuana for medical purposes that were permitted by state law (Gonzales v. Raich). 

Successfully supported the constitutionality of state sex-offender registries (Connecticut Dept. of Public 

Safety v. Doe). 

Successfully argued that the Fourth Amendment exclusionary rule does not require exclusion of evidence obtained following a violation of the knock-and-announce rule, which requires officers to knock 

and announce their presence before entering a dwelling (Hudson v. Michigan). 

Successfully supported the existence of an individual constitutional right to bear arms for lawful purposes such as self-defense in the home (District of Columbia v. Heller). 

Successfully advocated interpretations of patent laws in a series of cases, including KSR International Co. 

v. Teleflex Inc., which concerned the standard for determining whether an invention was obvious and 

thus not patentable. 

Successfully advocated interpretations of antitrust and securities laws in various cases, including Credit 

Suisse Securities (USA) v. Billing, where the Court held that conduct permitted by securities laws was 

protected from suits under antitrust laws. 

Successfully supported preemption of a variety of state laws that would interfere with federal agencies’ 

objectives, including state tort laws that would require different product labeling for medical devices 

than the labeling required by the Food and Drug Administration (Riegel v. Medtronic Inc.). 

Successfully argued important cases in lower federal courts, including challenges to warrantless electronic surveillance of suspected terrorists (ACLU v. National Security Agency) and the President’s authority to capture and detain alien enemy combatants who enter the United States like the 9/11 hijackers 

(Al-Marri). 

TAX DIVISION 

The Tax Division strives to enforce the nation’s tax laws fully, fairly and consistently, through both criminal 

and civil litigation, to promote compliance with the tax laws and maintain confidence in the integrity of the 

tax system. Between 2001 and 2008, the Tax Division has undertaken several initiatives in an effort to support its mission. 

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Since 2001, the Justice Department’s Tax Division has obtained injunctions against more than 360 tax-return 

preparers and tax-fraud promoters. In 2008, Tax Division attorneys enjoined a record 78 promoters or preparers peddling fraudulent tax schemes. By doing so, Tax Division staff collected more than $178.5 million for the 

U.S. Treasury and prevented the American public from paying an additional $802 million or more to refundsuit litigants. 

SEEKING OUT TAX FRAUD 

UBS. In 2008, a federal judge issued an order authorizing the IRS to request information from Zurich, 

Switzerland-based UBS AG regarding U.S. taxpayers who may be using Swiss bank accounts to evade federal 

income taxes. The order authorized the IRS to obtain information from the bank about possible tax fraud by 

people whose identities are unknown. In compliance with this order, UBS produced records identifying U.S. 

tax payers with accounts at UBS in Switzerland who elected to have their accounts remain hidden from the IRS. 

MasterCard International. In 2002, a federal court issued an order authorizing the IRS to serve a “John Doe” 

summons on MasterCard International for records of offshore credit cards issued by banks in 30 countries, 

including Liechtenstein, Switzerland and numerous Caribbean nations, such as Belize, Bermuda and the 

Cayman Islands. The summons permitted the IRS to obtain information about possible tax evasion by people 

whose identities are not known to the IRS. 

TRACKING TAX SHELTERS 

Enbridge Midcoast Energy.[Appeal Pending] In this first tax shelter case involving an intermediary transaction, 

the Tax Division prevailed on summary judgment. The court agreed that the intermediary was a mere conduit and 

the transaction a stock purchase rather than an asset purchase. As a result, the taxpayer did not get the 

$150,000,000 step up in basis for the assets, but instead had a carryover basis from the corporation whose stock it 

acquired. The court also upheld the IRS’s 20 percent penalty. Aside from this case, there are dozens more intermediary shelters either pending in court or administratively, involving tens of millions of dollars. 

Fifth-Third Bank & AWG.[Appeal Pending] The Tax Division prevailed in a pair of the first LILO/SILO shelter cases to be tried, AWG and Fifth-Third Bank—the first a bench trial and the second a jury trial, in which 

the amounts directly involved were approximately $20.6 million. However, when Congress addressed these particular shelters prospectively in 2004 legislation, it estimated that the potential 10-year revenue loss flowing from 

these transactions was $26.56 billion. The government victories in these two trials sent a clear message to taxpayers who engaged in similar tax shelters that they had serious litigation hazards and helped lay the groundwork for an IRS settlement initiative involving the disposition, on terms extremely favorable to the government, 

of hundreds of potential cases involving tens of billions of dollars. 

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BARRING TAX SCAM PROMOTERS 

Irwin Schiff. A federal court issued a temporary restraining order in 2003 that barred Irwin Schiff and two associates from promoting their tax scams. The order prohibited the trio from holding seminars to promote or sell 

Schiff’s fraudulent “zero tax” plan or any other sham tax schemes; selling tax-related products and services; and 

preparing any federal income tax return for others. In 2004, a federal court ruled that Schiff was liable for more 

than $2 million in individual income tax liabilities and related interest and penalties. 

S-N-K Enterprise Inc. In 2004, a federal court permanently barred Sherri L. Harris and her company, S-N-K 

Enterprise Inc., from promoting an illegal tax scam that targeted African-American business owners. The permanent injunction order also barred Harris and her company from preparing federal income tax returns for others, which prevented more than $2.7 million in losses to the U.S. Treasury. 

Jackson Hewitt Tax Service Inc. Corporations that operated under franchisee agreements with Jackson Hewitt, 

the second largest tax preparation firm in America, agreed in 2007 to be barred from tax return preparation. 

The government complaint alleged that the franchisee corporations created and fostered a business environment 

in which fraudulent tax return preparation was encouraged and flourished. The corporations owned and operated Jackson Hewitt franchises in Atlanta, Chicago, Detroit and Raleigh-Durham, N.C. 

PROSECUTING CRIMINAL CASES 

Wesley Trent Snipes et al. In 2008, a federal court sentenced actor Wesley Snipes to 36 months in prison, to 

be followed by one year of supervised release. His co-defendants, Eddie Kahn and Douglas Rosile, received 120 

months in prison and 54 months in prison, respectively, to be followed by three years of supervised release. At 

the sentencing hearing, Snipes handed over a $5 million check to the IRS to pay off some of his tax liabilities. 

Snipes was convicted of three counts of willful failure to file income tax returns and acquitted of two felony 

charges. Kahn and Rosile each were convicted of one count of conspiring to defraud the United States and one 

count of making false claims against the United States. 

Joseph R. Francis.[Ongoing case] A federal grand jury returned an indictment in 2007 that charged Joseph R. 

Francis, the creator of “Girls Gone Wild,” with tax evasion. The indictment alleged that Francis deducted more 

than $20 million in false business expenses on his production companies’ 2002 and 2003 corporate income tax 

returns. The indictment also alleged that Francis used offshore bank accounts and entities purportedly owned 

by others to conceal income he earned in 2002 and 2003, and that he transferred more than $15 million from 

an offshore bank account to a brokerage account in California. 

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Bradley Birkenfeld et al. [Sentencing pending] Former UBS banker Bradley Birkenfeld pleaded guilty in 2008 

to conspiring with an American billionaire real estate developer, Swiss bankers and his co-defendant, Mario 

Staggl, to help the developer evade paying $7.2 million in taxes by assisting in concealing $200 million of assets 

in Switzerland and Liechtenstein. Birkenfeld admitted that between 2001 and 2006, while he was employed as 

a director in the private banking division of the Swiss bank UBS, he routinely traveled to and had contacts within the United States to help wealthy Americans conceal their ownership in assets held offshore and evade the 

payment of taxes on the income generated from those assets. Birkenfeld’s services to American clients violated 

a 2001 agreement that UBS entered into with the United States. When UBS notified its U.S. clients of the 

requirements of this agreement, many of the bank’s wealthy U.S. clients refused to be identified, to have taxes 

withheld from the income earned on their offshore assets or to sell their U.S. investments. Managers and 

bankers at UBS, including Birkenfeld, assisted the U.S. clients in concealing their ownership of the assets held 

offshore by helping these wealthy customers create nominee and sham entities. To this end, Birkenfeld, managers and bankers at the Swiss bank, and U.S. clients, prepared false and misleading IRS forms that claimed the 

owners of the accounts were sham off-shore entities’ and failed to prepare and file IRS forms that should have 

identified the true U.S. owner of the accounts. 

Raoul Weil. In 2008, Raoul Weil, a senior executive of a large Swiss bank with offices in the United States and 

abroad, was charged with conspiring with other executives, managers, private bankers and clients of the banking firm to defraud the United States. The criminal indictment alleged that between 2002 and 2007, Weil oversaw the Swiss bank’s cross-border private banking business that provided services to some 20,000 U.S. clients 

who reportedly concealed approximately $20 billion in assets from the IRS. 

Dennis B. Evanson, et al. Attorney Dennis B. Evanson of Sandy, Utah, was sentenced by a federal district court 

in Utah in 2008 to 120 months in prison and 36 months of supervised release. The court also ordered that 

Evanson forfeit four pieces of real property and enter a money judgment in the amount of $2,774,133. In addition, in 2008 a federal court sentenced CPA Stephen F. Petersen, a co-defendant, to 35 months in prison, 36 

months of supervised release and ordered him to forfeit $1,166,884. The court also sentenced co-defendant 

accountant Brent Metcalf to 24 months in prison and 36 months of supervised release. CPA Reed H. Barker 

was sentenced in 2008 to 18 months in prison, 36 months of supervised release and ordered to pay restitution 

in the amount of $167,608. Evanson and his co-defendants conspired to conceal portions of their customers’ 

income from the IRS and to create false deductions for the purpose of reducing the income tax paid by customers. The fraud scheme, which cost the U.S. Treasury more than $20 million in taxes, took multiple forms, 

including the use of false documentation for fictitious currency transaction losses, false insurance expense deductions and bogus capital losses. The scheme utilized, among other things, offshore companies, offshore bank 

accounts in the Cayman Islands and Nevis, the services of offshore nominees, and opinion letters that purported 

to give legal authority to the fraudulent transactions. 

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APPELLATE ACHIEVEMENTS 

Clintwood Elkhorn Mining Co. In 2008, the Supreme Court held that claims by coal companies that the federal excise tax on exported coal is unconstitutional should be considered claims for “overpayment of tax,” and 

that therefore the coal companies are required to file timely refund claims. The Supreme Court reversed the 

Federal Circuit, which held that the claims by the coal companies were not for overpayment of tax, but were 

claims for damages under a constitutional tort. The coal excise tax is no longer collected on exported coal 

because the IRS has conceded that the tax is unconstitutional as applied to exports. 

BB&T Corp. The Court of Appeals for the Fourth Circuit agreed in 2008 with a federal district court that 

BB&T is not entitled to the tax benefits it attempted to generate via a LILO tax shelter and therefore should 

not recover a $4.5 million tax refund. BB&T purportedly leased pulp manufacturing equipment from Sodra 

Cell AB, a Swedish wood pulp manufacturer, and immediately leased it back to Sodra without it losing possession and control of the equipment. In 2007, the U.S. District Court for the District of Maryland found that 

the lease and lease-back completely offset each other and that Sodra did not transfer significant ownership rights 

to BB&T. BB&T was thus denied all tax deductions it claimed with respect to the transaction. 

Kornman & Assoc. In 2008, the Fifth Circuit agreed with the District Court that attorney Gary Kornman was 

not entitled to tax benefits from an abusive tax shelter that he also promoted. Kornman’s scheme was a variant 

of the Son-of BOSS tax shelter, and included a short-sale feature designed to manipulate partnership tax provisions to generate huge artificial losses. The short sale produced a $200,000 economic loss, but Kornman claimed 

a $102.5 million loss on his tax return. 

Texaco Inc. In 2008, the Ninth Circuit Court of Appeals reversed an adverse District Court judgment granting Texaco a refund exceeding $100 million. Texaco sold petroleum products at prices that exceeded government-mandated price ceilings between 1973 and 1981 and included the overcharges in its gross income. As part 

of a consent decree with the Department of Energy, Texaco was later required to pay $1.25 billion plus interest. Texaco deducted the settlement amount as ordinary and necessary business expenses and then sought a 

refund of the tax benefits on these deductions. Texaco argued that it was entitled to the tax refund under 

Section 1341 of the Internal Revenue Code, which provides taxpayers relief if they have paid taxes on income 

that they are later required to restore to a third party. There is a statutory exception for deductions attributable 

to the sale of inventory, and Texaco argued that this exception applied only to sales returns, allowances or similar items, whereas the government asserted that the exception applied to all deductions attributable to the sale 

of inventory. The Ninth Circuit agreed with the government and held that the plain meaning of this statutory 

exception precluded Texaco’s refund. 

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ADDITIONAL INITIATIVES 

Anderson’s Ark Associates. Between 2004 and 2005, numerous individuals associated with Anderson’s Ark and 

Associates (AAA) nationwide were convicted and sentenced for their connection with one of the most far-ranging fraudulent tax schemes ever prosecuted. AAA was an organization that spanned five countries and had more 

than 1,500 clients. Three hundred of AAA’s clients reported more than $120 million in fraudulent income tax 

deductions. 

Renaissance, The Tax People. In 2004, a federal jury returned a 148-count indictment that charged four individuals and Renaissance, The Tax People Inc., with conspiracy to defraud the United States by impeding the 

IRS and to commit mail and wire fraud; willfully assisting in the preparation of fraudulent federal income tax 

returns; and mail and wire fraud. In addition, Renaissance and one of the four individuals were charged with 

money laundering and conspiracy to commit money laundering, and engaging in monetary transactions in 

criminally derived property of a value greater than $10,000. The indictment also sought the forfeiture of $84 

million in United States currency plus land, gold coins, vehicles, bank accounts and life insurance policies. 

In re Long Distance Telephone Service Federal Excise Tax Refund Litigation. After the government announced 

a change in position and allowed individuals to claim refunds for the telephone excise tax on their 2006 tax 

returns, several plaintiffs around the country attempted to file class action suits claiming the billions of dollars that were not claimed and also challenging the procedural system used to pay the refunds. The case presented several unique issues of tax law and procedure, as well as Administrative Procedure Act issues about a 

one-time program designed to refund more than $16 billion to more than 200 million individuals. The Tax 

Division won the case decisively and without protracted discovery. 

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BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS AND EXPLOSIVES 

Effective January 24, 2003, the ATF was transferred from the Department of Treasury to the Department of 

Justice. As an integral part of the law enforcement community, ATF is dedicated to reducing violent crime and 

pursues an integrated regulatory and enforcement strategy designed to achieve that end. ATF’s criminal investigative efforts focus on violent crime, domestic and international firearms traffickers, violent gangs, armed violent 

offenders and career criminals. The Bureau’s successes since 2001 include the following: 

INVESTIGATING VIOLENT STREET GANGS 

Through collaboration with federal, state and local law enforcement agencies, ATF has achieved impressive 

results in removing violent criminals and gangs from our streets. In Fiscal Years 2003 through 2008, an average 

of 11 percent of all ATF cases and 17 percent of all defendants referred for criminal prosecution (8,754 cases 

and 19,238 defendants) alleged that the defendants were engaged in gang related criminal conduct. 

REDUCING FIREARMS-RELATED VIOLENT CRIME 

ATF is the founding federal law enforcement agency in DOJ’s Project Safe Neighborhoods (PSN) initiative. 

PSN uses a comprehensive strategy to reduce gun violence and promote safe communities and coordinates the 

efforts of local, state and federal law enforcement officials, prosecutors and community leaders in a multifaceted 

strategy to deter gun violence. 

The Violent Crime Impact Team (VCIT) initiative operates in 31 cities nationwide and is ATF’s signature initiative to reduce the occurrence of firearms-related violent crime in small geographic areas experiencing an 

increase in violence. The VCIT strategy is an integrated federal, state and local law enforcement strategy that 

employs a variety of innovative technologies, investigative techniques and analytical resources. Since 2004, 

VCIT partners have arrested more than 14,100 gang members, drug dealers, felons in possession of firearms 

and other violent criminals, including more than 2,800 identified as “worst of the worst” criminals, and recovered more than 17,300 firearms. 

SOUTHWEST BORDER INITIATIVE 

One of ATF’s most significant projects in recent years has been the launch of its Southwest Border Initiative, a 

program that focuses ATF’s investigative, intelligence and training resources to suppress firearms trafficking to 

Mexico and stem the firearms-related violence on both sides of the border. The Southwest Border Initiative 

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brings together the resources of the Department's various law enforcement components to reduce cross-border 

drug and weapons trafficking and the extremely high level of violence associated with these activities. It is a concerted strategy to meet the threats that affect the U.S.-Mexico border and is consistent with the U.S. 

Department of State’s proposal to address U.S.-based firearms trafficking related to the illicit international drug 

market. 

Project Gunrunner: Project Gunrunner is ATF’s primary southwest border firearms enforcement initiative for 

enhancing border safety for the citizens of Mexico and the United States. ATF’s Gunrunner strategy is to work 

in conjunction with domestic and international law enforcement partners to deny “the tools of the trade” to the 

firearms trafficking infrastructure of criminal organizations operating in Mexico and along the border. In the 

past two years, ATF has seized thousands of firearms illegally headed to Mexico. 

Mexican officials claim that an “iron river” of illegal firearms is flowing south from the U.S. into Mexico and 

the lethality of captured armaments has increased alarmingly. The arsenals of Mexico’s drug cartels include .50­

caliber machine guns, anti-tank rockets, grenade launchers, fragmentation grenades and mortars. Ordinary 

police units in Mexico are often simply outgunned and therefore are not properly equipped to thwart violent 

crime in their country. 

In 2007, ATF arrested 299 defendants involved in crimes affecting the southwest border. Of those defendants, 

149, or one half of all defendants, were involved in gang-related criminal acts that caused their arrests. One hundred fourteen of these cases focused on firearms trafficking and involved an estimated 2,500 weapons. ATF 

leverages a myriad of resources and initiatives in an effort to combat violent crime. 

Firearms tracing: Firearms tracing, in particular the expansion of the eTrace firearms tracing system, is a critical component of Project Gunrunner in Mexico. Firearm tracing capabilities allow law enforcement to trace a 

specific firearm back to its source of sale. This process allows law enforcement to glean insight by following the 

chain of distribution for a particular firearm. ATF recently deployed eTrace technology in nine U.S. consulates 

in Mexico. ATF has conducted discussions with the government of Mexico with an aim to deploy Spanishlanguage eTrace to other Mexican agencies. 

Deployment of resources: ATF has dedicated approximately 100 special agents and 25 industry operations 

investigators to the SWB initiative over the past two years. ATF has recently assigned special agents to specific 

areas in New Mexico and Arizona. These assignments are part of a broad plan to increase the strategic coverage 

and disrupt the firearms trafficking corridors operating along the border. 

EPIC: ATF has established a Gun Desk at the Drug Enforcement Administration’s El Paso Information Center 

(EPIC). The Gun Desk serves as a central repository for weapons-related intelligence. Gun Desk staff compile 

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weapons information and intelligence from federal, state and local law enforcement agencies, as well as foreign 

governments such as Mexico. 

Preventing firearms diversion: A crucial tool for stemming the illicit flow of firearms between Mexico and the 

U.S. border states is ATF’s practice of inspecting federal firearms licensees, as well as their licensed distributors 

in the affected areas. These inspections detect and prevent the diversion of firearms. This industry-operations 

component of the Southwest Border Firearms Enforcement Initiative includes three activities: forward traces, 

secondary market inspections, and outreach to the industry and other law enforcement agencies. 

EXPLOSIVES AND ACCELERANT DETECTION CANINES 

During the last eight years, ATF has established itself as the premier source of specially trained explosives and 

accelerant detection canine teams. These teams are assigned to state, local and other federal law enforcement 

agencies, as well as selected foreign countries, and regularly lend support to security efforts. The odor recognition proficiency standard in use by ATF was recognized by Congress as a benchmark for effective canine explosives 

detection. ATF is the only federal agency that offers advanced explosives detection canine training and a 

nationally recognized federal certification. 

Improving canine training to meet current and future threats: Though the use of service canines is common 

within the public safety sector, the ATF canine program is unique, making use of ATF’s position as a lawenforcement agency with expertise in the explosives and arson arenas. ATF’s canine program works hand-inhand with the bureau’s explosives and arson experts, making full use of the resources available through ATF’s 

National Laboratory, its Explosives Technology Branch, its U.S. Bomb Data Center, and its National Center for 

Explosives Training and Research. These resources enable ATF to stay ahead of emerging trends and to refine 

and continually improve canine training to meet current and future threats. Critical information and training 

methods are shared with all law enforcement agencies through ATF’s various canine training programs provided throughout the nation. 

Homicide Bomber Initiative: An example of ATF’s efforts to adapt its canine program to meet emerging threats 

can be found in the ongoing development of the Homicide Bomber Initiative, a program through which canine 

resources will be applied to address the potential threat from suicide bombers. ATF is developing this cuttingedge program in conjunction with the National Tactical Officers Association. 

International in scope: Internationally, through partnership with the U.S. Department of State, ATF has 

trained 359 explosives detection canines for 20 countries around the world. Foreign governments are identified 

by the Department of State and are sponsored for this training. Additionally, foreign governments receive training from ATF in order to independently maintain their canine program after initial training by ATF. 

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National Canine Initiative:The ATF National Canine Training and Operations Center also provides National 

Canine Initiative (ATFNCI) training and national certification to law enforcement explosives detection canine 

teams. The Initiative focuses resources on advanced training of existing explosives detection canine teams with 

state and local agencies. Through partnerships with the four major law-enforcement canine associations 

(IPWDA, NAPWDA, NPCA and USPCA) and the Department of Homeland Security, the ATFNCI provides 

a two-phase DOJ/ATF National Certification in the form of National Odor Recognition Testing (NORT) and 

a four area operational test for teams that successfully complete a training course. 

Standardized training and national certification: The tragic events of September 11, 2001, resulted in a 

national proliferation of explosives detection canine teams, trained to varying degrees of competence. In light 

of this, members of Congress, law-enforcement agencies and other organizations have called for national standards for explosives detection canines. ATF is the only federal agency to offer standardized training and National 

Certification to explosives detection canines that have not been trained by a federal agency. Once certified, 

canine teams are able to fulfill a vital role in ensuring public safety during criminal investigations and at large 

public events. 

Canine deployments: Finally, the ATF National Canine Training and Operations Center coordinates and funds 

thousands of canine deployments around the world. The ATF Explosives Detection Canine Program consists 

of 34 highly trained ATF special agents teamed with canine partners. The special agents are routinely deployed 

around the world as investigative tools to aid in firearms and explosives investigations. Additionally, the special 

agents serve as canine coordinators at the hundreds of major events, such as the Super Bowl and political conventions, that may be targeted by terrorists and other violent criminals. ATF also maintains 112 ATF-certified 

canine teams through federal, state and local partners. Through existing Memoranda of Agreement between 

ATF and partner agencies, ATF deploys more than 1,000 canines annually on missions to ensure public safety. 

OTHER ATF PROGRAMS AND INITIATIVES 

National Center for Explosives Training and Research: ATF is establishing a permanent facility for its 

National Center for Explosives Training and Research (NCETR) at the Redstone Arsenal in Huntsville, Ala. 

Groundbreaking for this facility occurred in November 2008. Establishing this center will enable ATF to create a state-of-the-art facility at which its explosives training, research and information-sharing activities can 

be fully integrated under one roof. Additional range and classroom space will enable ATF to address increasing 

demand from federal, state, local and international partners for its advanced post-blast and other explosives 

training classes. 

Crime gun tracing: ATF’s Comprehensive Crime Gun Tracing initiative is the largest operation of its kind in 

the world and provides gun trace information to federal, state, local and international law enforcement. In a sinACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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gle year, ATF’s National Tracing Center processed more than 285,000 firearms trace requests for more than 

6,000 law enforcement agencies in 50 countries. ATF uses a Web-based system, known as eTrace, that provides 

law enforcement agencies with the capability to securely and electronically send trace requests, receive trace 

results, and conduct basic trace analysis in real-time. More than 2,000 agencies are currently using eTrace, 

including 10 foreign law enforcement agencies. Gun tracing provides information to international, federal, state 

and local law enforcement about the history of a firearm from manufacturer or importer through the chain of 

distribution to the first retail purchaser. This information is used to link suspects to firearms in criminal investigations, identify potential traffickers and detect in-state, intrastate and international patterns in the sources and 

kinds of crime guns. 

Combined Explosive Exploitation Cell: ATF works in Iraq with the Combined Explosives Exploitation Cell 

(CEXC), the role of which is to provide immediate, in-theater technical and operational analysis of the improvised explosives devices (IEDs) used by insurgents. In the United States, an ATF special agent/certified explosives specialist serves as deputy director of the Terrorist Explosive Device Analytical Center (TEDAC), which 

examines IED debris the CEXC submits from Iraq and Afghanistan. 

National Integrated Ballistic Information Network: ATF’s widely acclaimed NIBIN program provides 

nationwide deployment and networking of automated ballistic imaging equipment to federal, state and local 

law enforcement agencies. The program allows NIBIN partner agencies to image and compare crime gun evidence 

from across the country in a matter of seconds. At present, NIBIN equipment is deployed and operational at 203 

sites (mostly state and local forensic laboratories), with 174 partner agencies participating in the program. Since 

NIBIN was created, partners have completed data acquisitions for more than one million items of evidence. 

From these acquisitions, firearms examiners have confirmed more than 25,000 hits, many of them yielding 

investigative information not obtainable by other means. 

Federal firearms licensee inspections: As part of its mission to protect the public, ATF industry operations 

investigators conduct more than 10,000 federal firearms license compliance inspections each year. ATF’s 

inspection program serves to educate licensees regarding the federal laws and regulations that govern the 

firearms business; detect and prevent illegal trafficking of firearms; and assist licensees in maintaining the 

integrity of their record systems, thereby facilitating the tracing of firearms that have been diverted or used 

in crimes. ATF prides itself on partnering with members of the firearms industry to encourage and guide 

them toward voluntary compliance. 

Explosives inspections: As part of ATF’s mission to protect the public (and as mandated by the Safe Explosives 

Act), ATF industry operations investigators conduct close to 5,000 compliance inspections of explosives 

licensees and permit holders each year. 

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National Response Teams: ATF National Response Teams consist of highly trained special agents, forensic 

chemists, engineers and professional support staff who can respond to significant fire and explosion sites anywhere in the United States within 24 hours. Since their inception in 1978, ATF National Response Teams have 

been activated more than 650 times, assisting federal, state, local and tribal agencies with fire or explosion scene 

reconstruction, identification and investigation; facilitation of forensic laboratory analysis and testing, and providing expert witness court testimony. ATF’s International Response Teams work with the Diplomatic Security 

Service of the U.S. Department of State to provide technical, forensic, investigative and oversight assistance at 

international explosion and fire incidents. 

GangNet: In its continuing fight against gangs and the weapons they possess, ATF has partnered with the 

Regional Information Sharing System to host the ATF GangNet Intelligence Database for the benefit of all law 

enforcement. This database houses all of ATF’s gang-related information and is capable of compiling gang data 

provided by partners at the local, state, federal and tribal law enforcement levels. 

Explosives and fire investigations: Since 1970, ATF has responded to every possible scenario involving explosives and fire, including terrorist bombings, serial bombings, arson for profit, illegal explosives manufacturing, the 

theft or loss of explosives, and accidental fire and explosives incidents. ATF provides vital expertise to federal, state 

and local law enforcement officers to investigate these events. Its agents include certified fire investigators 

who specialize in the science of fire origin and cause determination; certified explosives specialists who provide explosives investigative expertise; and explosives enforcement officers who can render explosives safe and 

give expert testimony in court. 

U.S. Bomb Data Center: ATF is a partner in the operation of the U.S. Bomb Data Center, the Department’s 

repository for all explosives and arson information and databases. One of these databases, the Bomb Arson 

Tracking System (BATS), allows law enforcement agencies to share information about bomb and arson cases 

and incidents. The U.S. Bomb Data Center is also home to an international and multilingual explosives database 

that ATF and international law enforcement agencies use to share information and intelligence on explosives incidents, devices and methods, terrorist groups and firearms. 

National Laboratory Services: ATF’s Laboratory Services Division provides forensic investigative services and 

support from state-of-the-art laboratory facilities in Maryland, Georgia and California. In addition, several 

mobile labs extend ATF’s capabilities directly to investigative scenes, providing assistance to federal, state, local 

and tribal law enforcement agencies nationwide. The National Laboratory Center is the centerpiece of ATF’s 

Laboratory Services Division. The National Laboratory Center is home to the Forensic Science Laboratory and 

the Fire Research Laboratory. The Forensic Science Laboratory evaluates evidence obtained in criminal investigations involving alcohol, tobacco, firearms, explosives and suspected arson. The Fire Research Laboratory is the 

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scale fire scenes to determine how fires begin and spread. ATF also operates the National Fi rearms Ex a m i n e r 

Academy for firearms and toolmark examiners and provides extensive forensic and other training for fire and 

arson inve s t i g a t o r s . 

DRUG ENFORCEMENT ADMINISTRATION 

DEA is the premier drug enforcement organization in the world and has a long and proud history of combating illegal drug trafficking. Using the agency’s unique operational and intelligence capabilities, DEA successfully identifies, 

i n vestigates, disrupts and dismantles major drug trafficking organizations and seizes their assets and profits. DEA’s 

courageous agents and investigators work around the country and the globe re m oving drugs and violent criminals 

f rom our neighborhoods and fighting the diversion of licit drugs into the illegal mark e t . 

Drug trafficking remains a difficult, complex and evolving problem. DEA has developed highly effective 

strategies to combat even the most sophisticated traffickers and to educate the public on the dangers of drugs 

and violence. DEA’s strategies have resulted in a wide range of accomplishments—stripping drug criminals 

of their exorbitant profits, shutting down illegal Internet “pharmacies,” and arresting international weapons 

traffickers. 

DEA SUCCESSES IN REDUCING DRUG DEMAND 

In 2002, the Bush Administration set ambitious goals to reduce drug use for American youth. The first was to 

l ower drug use by 10 percent over two years. It exceeded that goal: youth drug use dropped by 11 percent ove r 

two years. The second was to lower drug use by 25 percent over five years. It nearly reached its second goal: 

Be t ween 2001 and 2007, drug use by surve yed youth declined 24 percent. 

 Teen drug use: 860,000 fewer teenagers re p o rted using illicit drugs in 2007 than in 2001— a 24 percent decline. 

 Ma r i j u a n a : 2007 marijuana use by teens dropped by 25 percent from 2001. 

 Meth use: 2007 meth use by teens plummeted 64 percent from 2001. 

 Ec s t a s y : 2007 use of ecstasy by teens dropped 54 percent from 2001. 

 St e ro i d s : Since 2001, current use of steroids by teens has dropped a third. 

 L S D : 2007 LSD use by teens dropped by 60 percent from 2001. 

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! Cocaine: Between 1985 and 2007, past year cocaine use among high school seniors dropped by 60 percent. 

! Workplace drug use: Drug use among workers is at its lowest levels in 18 years. Since 1988, positive 

drug tests have fallen by 72 percent, from 13.6 percent in 1988 to 3.8 percent in 2006. 

! Workplace meth use: 2007 workplace drug tests showed a 50 percent decline in meth use among 

employees nationwide since 2005. 

! Workplace marijuana use: Workplace drug tests for 2006 showed a six percent drop in marijuana use, 

compared to 2005. 

! School drug use: Sixty-two percent of teens said their schools are drug-free, according to a 2002 survey 

of teen drug use conducted by The National Center on Addiction and Substance Abuse at Columbia 

University. This was the first time in the seven-year history of the study that a majority of public school 

students reported drug-free schools. The same study for the year 2000 found that only 42 percent of 

the 12-17 year olds in public schools reported that their schools were drug-free. 

DEA SUCCESSES IN EDUCATION AND OUTREACH 

DEA has increased public awareness on the dangers of drug use by developing educational websites and toll free 

hotlines, where the public can learn about the dangers of illegal narcotics and easily report drug related activity. 

! DEA created the first-ever National Meth Registry, which publicly identifies sites of known methamphetamine labs and dumpsites. 

! DEA launched a toll-free international hotline to report the illegal sale and abuse of pharmaceutical 

drugs. People now are able to provide anonymous telephone tips about the diversion of prescription 

drugs into the illegal market by individuals and Internet pharmacies. In addition, such information can 

be reported online through the DEA Web site. 

! DEA launched www.justthinktwice.com, an innovative new Web site to educate youth and parents 

about the dangers of drug abuse. 

! Spike Television aired the first-ever DEA television series, giving viewers an inside look at the job of special agents battling drug cartels on the streets of America. 

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DEA LEGISLATIVE SUCCESSES
 

! The Anabolic Steroid Control Act of 2004 provided DEA important tools for shutting down the illegal 

steroid trade by providing clear authority to conduct law enforcement operations against the trafficking of 

steroid precursors, as well as other steroids, including the designer steroid THG. 

! The Combat Methamphetamine Epidemic Act of 2005 regulated retail over-the-counter sales of 

ephedrine, pseudoephedrine and phenylpropanolamine products, and contains specific retail provisions 

that are essential to combat methamphetamine production and trafficking. 

! The Ryan Haight Online Pharmacy Consumer Protection Act of 2007 addresses the problems of 

online prescription drug trafficking, abuse and availability. 

SIGNIFICANT ARRESTS AND PROSECUTIONS 

DEA continues to arrest high-level drug traffickers and seize record amounts of drugs each year. 

January 2001: 

DEA led Operation White Horse, arresting more than 50 individuals who were part of an 

organization trafficking in heroin between Colombia and the United States. Operation White 

Horse was coordinated by the Special Operations Division, a joint law enforcement program 

comprised of attorneys from the Department of Justice’s Criminal Division and agents and analysts from the DEA, FBI, Unites States Customs Service (USCS) and IRS. 

September 2001: 

The government of Colombia extradited Fabio-Ochoa Vasquez to the U.S. to stand trial on 

charges stemming from Operation Millennium, a 1999 case that targeted the Bernal Madrigal 

(aka Juvenal) cocaine trafficking organization. This group was responsible for shipping 20 to 30 

metric tons of cocaine per month through Mexico into the United States. Fabio Ochoa was 

arrested in Colombia on Oct. 13, 1999, along with other Operation Millennium defendants. 

As a member of the infamous Ochoa family, principal leaders in the Medellin Cartel, Fabio 

Ochoa was extradited to Fort Lauderdale, Fla., after the government of Colombia agreed to turn 

him over to DEA to face cocaine distribution and money laundering charges. Ochoa also is 

wanted on charges stemming from his involvement in the murder of informant Barry Seal in 

Louisiana in 1986. 

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January 2002: 

DEA, together with the USCS, IRS and the Royal Canadian Mounted Police, announced the 

arrest of more than 100 individuals in 12 cities in connection with a cross-border U.S.-Canada 

investigation targeting the illegal trafficking of pseudoephedrine. Pseudoephedrine is an essential precursor chemical used to manufacture the illegal drug methamphetamine. 

March 2002: 

DEA assisted Mexican authorities in the capture of Benjamin Arellano-Felix in Puebla, Mexico. 

Benjamin, with brothers Ramon, Eduardo, Javier and Francisco, headed one of the largest, most 

violent drug trafficking organizations in the world. Benjamin is considered the patriarch of the 

family and the leader of its drug-trafficking activities. Benjamin was indicted in the Southern 

District of California for cocaine trafficking and money laundering violations. 

January – December 2003: 

Investigations led to the seizure of 947 kilograms of cocaine, 21,650 pounds of marijuana and 

7 kilograms of heroin. 

March 2003: 

Seizure of the largest LSD lab ever by the DEA. Agents seized approximately 41 kilograms of 

LSD and approximately 23 kilograms of iso-LSD, a by-product from the manufacture of LSD. 

May 2003: 

Fabio Ochoa, once one of the world’s most feared drug kingpins, was sentenced to 365 months 

in prison on drug conspiracy and money laundering charges by a federal judge in Miami. 

July 2003: 

Mexican drug lord Ismael Zambada-Garcia, head of the Zambada-Garcia drug organization 

(ZGO), was arrested and more than 240 individuals in the United States and Mexico were 

arrested as a result of Operation Trifecta, a 19-month international OCDETF investigation into 

cocaine, marijuana and methamphetamine trafficking. 

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November 2003: 

Two defendants in the largest U.S. LSD ring ever prosecuted—William Leonard Pickard of Mill 

Valley, Calif., and Clyde Apperson of Sunnyvale, Calif.—were sentenced to life imprisonment 

and 30 years’ imprisonment, respectively. 

March 2004: 

More than 130 people were arrested as part of a two-nation crackdown on a huge drug trafficking ring that manufactured large quantities of ecstasy and marijuana in Canada and then 

shipped them to cities around the United States. One outcome of this three-year investigation, 

called Operation Candy Box, was the discovery that ecstasy trafficking, which had largely been 

controlled by Russian and Israeli gangs, had now spread to groups with ties to Southeast Asia. 

The two principal targets of this investigation were Ze Wai Wong, a Chinese national, and Mai 

Phuong Le, a Vietnamese national. 

June 2004: 

Sixty-seven DEA-trained Mexican federal agents arrested drug cartel leaders Efrain Perez and 

Jorge Aureliano-Felix. Notably, the operation was executed without incident, notwithstanding 

the Aureliano Felix Organization’s propensity for violence. 

July 2004: 

DEA led Operation Web Tryp that resulted in 10 arrests and targeted five Web sites. Operation 

Web Tryp investigated Web sites distributing highly dangerous designer drug analogues under 

the guise of “research chemicals” primarily shipped to the U.S. from China and India. These 

Web sites were known to have had thousands of customers worldwide. One Web site operator 

was known to conduct estimated sales of $20,000 per week, while another was known to have 

been in business for more than five years. These Web sites sold substances that led to at least two 

fatal overdoses and 14 non-fatal overdoses. 

January – December 2005: 

DEA dismantled more than 1,007 Priority Target Organizations, an 82 percent increase over 

FY 2004. 

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January – December 2005: 

In combating the recent development of traffickers selling prescription drugs over the Internet, DEA 

seized more than $21.6 million in cash, property, computers and bank accounts. 

January – December 2005: 

DEA operations stripped drug traffickers of nearly $1.9 billion in drug proceeds. This includes 

$1.4 billion in asset seizures and $477 million in drug seizures. 

April 2005: 

DEA announced the Virtual Enforcement Initiative (VEI) in 2005. The first major operation 

of this new initiative was Operation Cyber Chase, which resulted in the identification of 

more than 200 Web sites that illegally sold pharmaceutical drugs. Because of this year-long 

Organized Crime Drug Enforcement Task Force (OCDETF) operation, more than 20 criminals were arrested in eight U.S. cities and four foreign countries. Until they were arrested, 

these “e-traffickers” had been operating in the United States, India, Asia, Europe and the 

Caribbean, and were using their rogue pharmacies to distribute drugs worldwide. 

Operation CYBERx targeted for the first time e-trafficking located solely within the United 

States. The alleged drug dealers who operated these rogue Internet pharmacies received prescription orders for controlled substances over the Internet that were then shipped to the doors 

of U.S. citizens—sometimes without any prescription. These alleged criminal pharmaceutical 

drug traffickers had averaged more than $50,000 a day in profits from their illegal Internetbased enterprise. 

June 2005: 

The DEA conducted Operation Mallorca, a multi-jurisdictional OCDETF money laundering 

operation that identified four Colombia-based money brokers who laundered $12 million in 

illicit drug proceeds through the Colombian Black Market Peso Exchange (BMPE). The BMPE 

is a system where drug traffickers sell drug proceeds in U.S. dollars to brokers for pesos. The 

investigation resulted in the arrest of 81 individuals and the seizure of $7.8 million. 

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July 2005: 

After a joint U.S.-Canadian law enforcement investigation using delayed-notice search warrants, DEA discovered the first tunnel between Canada and the U.S. constructed to traffic illegal drugs. The tunnel, stretching from British Columbia, Canada, into Washington state, was 

360 feet long and three to 10 feet deep. Three people were apprehended trying to transport marijuana and ecstasy through the tunnel. DEA oversaw the destruction of the tunnel. 

DEA also announced the Money Trail Initiative in July 2005. This initiative highlights the large 

scale impact of DEA-led financial investigations on major drug organizations. To date, DEA has 

seized more than $36.2 million in proceeds that traffickers were trying to smuggle from the U.S. 

to where the drug organizations are located. As a result of this Initiative, there have been 230 

arrests and seizures of 181 vehicles, 72 firearms and more than 3,400 pounds of cocaine. 

August 2005: 

DEA conducted and led the first nationally coordinated methamphetamine sweep in more than 

200 cities. Operation Wildfire resulted in more than 427 arrests and the seizure of more than 

208 pounds of methamphetamine. 

" In addition, Operation Wildfire resulted in the seizure of 56 clandestine labs, 200,000 

pseudoephedrine tablets, 524 pounds of precursor chemicals, 123 weapons, 28 vehicles 

and $255,000. 

" Also, because of Operation Wildfire, 30 children were rescued from methamphetamine-infested housing. 

December 2005: 

Operation Gear Grinder, a 21-month OCDETF investigation, targeted eight major Mexican 

steroid manufacturing companies, their owners and their trafficking associates. DEA intelligence 

analysts and diversion investigators found that 82 percent of the steroids seized and analyzed were 

of Mexican origin. A large majority of those steroids originated from the eight companies identified in Operation Gear Grinder. These businesses conducted their sales via the Internet, and 

DEA estimated their combined total U.S. steroid sales were $56 million per year. 

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January 2006: 

DEA discovered a massive illicit Southwest border tunnel, the most sophisticated of its time. 

May 2006: 

DEA led Operation Twin Oceans, which targeted the Pablo Rayo-Montano drug trafficking 

organization, a cocaine ring responsible for smuggling more than 15 tons of cocaine per month 

from Colombia to the United States and Europe. This three-year long investigation resulted in 

more than 100 arrests and the seizure of 47,555 kilograms of cocaine and nearly $70 million in 

assets. 

July 2006: 

DEA conducted the largest khat enforcement action ever as part of Operation Somalia Express, 

which resulted in 31 arrests and the seizure of more than five tons of the drug. 

August 2006: 

DEA led Operation Black Gold Rush, which targeted the Mexican Black Tar heroin market in 

the United States. Nearly 150 arrests took place in multiple U.S. cities. 

A guilty verdict was secured against Agustin Vasquez-Mendoza for the murder of DEA Special 

Agent Richard Fass. 

September 2006: 

Miguel and Gilberto Rodriguez-Orejuela pleaded guilty. The brothers ran the infamous Cali 

Cartel in Colombia that was responsible for importing tons of cocaine into the United States 

over the last two decades. 

October 2006: 

DEA dismantled a large meth operation in the Denver area where traffickers were using Elmo 

dolls to conceal drugs. 

November 2006: 

DEA arrested the Henry County, Va., sheriff and 12 deputies for drug trafficking. 

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January 2007: 

DEA investigation led to the extradition and guilty plea of Israeli drug trafficker Zeev Rosenstein. 

May 2007: 

A DEA investigation led to the extradition of Luis Hernando Gomez Bustamante, also 

known as “Rasguno,” one of the leaders of the Norte Valle Colombian Drug Cartel. 

June 2007: 

Francisco Arellano Felix, former Tijuana Cartel leader, was sentenced to life in prison. 

September 2007: 

DEA conducted Operation Raw Deal, the largest steroid enforcement action in history. The 

results included 56 labs shut down, 124 arrests, seizure of 11.4 million dosage units of 

steroids and 242 kilograms of China-based raw steroid powder. 

January-December 2008: 

DEA led a record-breaking marijuana eradication in California of more than five million plants. 

March 2008: 

International arms trafficker Viktor Bout, known as the Lord of War, was arrested after an investigation by DEA and international law enforcement partners. 

May 2008: 

Afghan heroin trafficker Khan Mohammed was convicted in the U.S. 

May 2008: 

DEA led an investigation resulting in ninety-six arrests on San Diego State University campus 

for drug trafficking. 

June 2008: 

DEA led a record-breaking 262-ton hashish seizure in Afghanistan. 

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September 2008: 

More than 500 drug criminals were arrested in the United States, Italy and Mexico as part of 

Operation Reckoning. This operation partly targeted the top members of the Gulf Cartel. 

October 2008: 

Consolidated Priority Organization Target (CPOT) Eduardo Arellano Felix in Mexico, a top 

leader of the Tijuana Cartel was arrested. 

November 2008: 

International arms trafficker Monzer Al-Kassar was arrested, extradited and convicted after an 

investigation led by DEA and international law enforcement partners. 

December 2008: 

DEA seized 165 pounds of meth in New Jersey, the largest meth seizure in the state’s history. 

DEA CONTRIBUTIONS TO THE WAR ON TERROR 

Currently, 19 of the 43 State Department designated terrorists groups are linked to drug trafficking. The DEA 

plays a key role in the fight against terrorism around the world. Over the past eight years, some highlights 

include: 

! DEA disrupted eight, and dismantled two, Priority Target Organizations (PTOs) with links to terrorist 

organizations. 

! For the first time, DEA deployed Foreign Advisory Support Teams (FAST) to Afghanistan, to help the 

Afghan government become self-reliant in counter-drug enforcement. 

! DEA obtained the extradition of drug trafficker Haji Baz Mohammed from Afghanistan. Mohammed 

was the first Afghani drug trafficker to be extradited by that country. Mohammed was indicted in 2004 

as part of a New York DEA-led investigation. Mohammed was designated by President Bush on June 

1, 2005, as a kingpin under the Foreign Narcotics Kingpin Designation Act. 

! An investigation led by DEA resulted in the arrest of Bashir Noorzai, who is known to have provided 

weapons and manpower to the Taliban in exchange for the protection of his drug crops in Afghanistan. 

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! DEA helped to arrest Abdul Malik (aka Abdul Mohammad), a member of Hezb-e-islami, a fundamentalist Islamic terrorist group, for the murder of two Afghani narcotics officers. 

! DEA has trained more than 128 counter-narcotic police in Afghanistan, including 12 women. 

! Two Fuerzas Armadas Revolucionarias de Colombia (FARC) finance officers were extradited from 

Colombia to the U.S. to face charges of drug trafficking, money laundering and providing material support to terrorists. 

! DEA hosted the first national symposium on narco-terrorism, “Target America: Traffickers, Terrorists, 

and Your Kids.” 

Assisting State and Local Law Enforcement 

DEA coordinates with and supports state and local law enforcement agencies. A few examples include the following: 

! DEA assisted in the rescue and cleanup efforts in the aftermath of Hurricane Katrina. 

" DEA’s Air Wing, along with the Dallas, Houston, Atlanta, St. Louis and Miami Field Divisions 

collectively deployed 113 special agents and special agent/pilots to provide assistance to 13 law 

enforcement agencies in Louisiana, Mississippi and Alabama. 

" As of September 19, 2005, DEA Air Wing transported 70,000 pounds of supplies and equipment for law enforcement and search and rescue efforts for Louisiana and Mississippi hurricane 

victims. 

" DEA special agents worked with hospitals to transport medicine to law enforcement personnel 

to combat hepatitis A and B. 

" DEA partnered with Texas and Arkansas pharmacy boards on emergency prescription refill procedures in response to requests from Louisiana, Mississippi and Alabama. 

" DEA assisted with 24-hour security patrols and ultimately rescued more than 3,340 civilians, 

including more than 70 abandoned elderly residents at a flooded nursing home. 

" To meet local law enforcement needs, DEA secured 130 cars through the asset forfeiture fund 

and loaned them to local law enforcement departments that lost their vehicles. 

! DEA also provided drug enforcement training to 40,000 state and local police officers in FY 2005. This 

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training included Clandestine Laboratory Training, Diversion Training, Drug Unit Commanders 

Training, Federal Law Enforcement Analyst Training, Narcotics Commander Leadership Training, and 

other DEA tactical and in-service training. 

! In 2005, DEA provided victim, witness and drug-endangered children awareness training to more than 

9,000 recipients, including DEA Basic Agent classes and the clandestine lab training unit, domestic 

offices, nationwide conferences and more than 20 organizations. 

! In 2007, the DEA State and Local Task Force Program had expanded to 218 state and local task forces. 

FEDERAL BUREAU OF INVESTIGATION 

The mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence 

threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal 

justice services to federal, state, local and international agencies and partners. 

The FBI has adapted to address changing threats throughout its 100-year history, but the pace of change since 

September 11, 2001, has been considerable. The FBI has moved from a focus on building cases for prosecution 

to using prosecution as one tool among many in the effort to dismantle terrorist and criminal organizations. In 

response to the growing complexity of threats, special agents have moved from being generalists to being 

assigned to career paths that allow them to develop specialized expertise in a particular area. The role of analysts 

has changed from supporting cases through tactical analysis to a broader role in managing what intelligence is 

collected and how it is disseminated. 

Today’s FBI works to penetrate, disrupt and dismantle terrorist and criminal organizations through the use of 

intelligence and partnerships, aided by information technology (IT). The FBI looks at information to develop 

a comprehensive picture of threats and vulnerabilities. Agents and analysts look at what is known and what 

could be known if the right questions were asked of the right sources. Where the intelligence process identifies 

gaps in our knowledge and collection capabilities, it will guide development of new capabilities through cultivation of new sources, wiretaps, surveillance and liaison with outside partners to leverage their sources. Long 

term, intelligence guides allocation of resources to address the most critical current or emerging problems. 

After the terrorist attacks of September 11, the FBI undertook the largest investigation in the nation's history. 

In the months that followed, nearly 2,000 agents were shifted from criminal programs to work on national security matters. Counterterrorism, counterintelligence and cyber security became the FBI's top three priorities. 

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To strengthen its counterterrorism capabilities, the FBI centralized control and management of all counterterrorism 

operations at headquarters, to make the "stove piping" of information on terrorism cases in individual field offices a 

thing of the past. The FBI strengthened its counterterrorism capabilities by establishing the 24/7 Counterterrorism 

Watch, the Terrorist Screening Center (TSC), the Foreign Terrorist Tracking Task Force (FTTTF), the Terrorist 

Finance Operations Section, and the Laboratory’s Terrorist Explosive Devise Analytic Center (TEDAC). 

To enhance coordination with our partners, the FBI increased the number of Joint Terrorism Task Forces from 34 

to 106, established a National Joint Terrorism Task Force with 48 member agencies and assigned personnel to 36 state 

and regional fusion centers. In November 2004, the FBI’s Counterterrorism Division (CTD) moved to a 

state-of-the-art facility where FBI personnel are co-located with CIA counterterrorism personnel and the 

National Counterterrorism Center (NCTC). This move has not only provided CTD with a modern, secure working environment, it has enhanced the Bureau's ability to coordinate and communicate with other members of the 

Intelligence Community both through face-to-face interaction and unprecedented technical connectivity. 

In 2005, the FBI strengthened its intelligence capabilities by establishing the Directorate of Intelligence (DI) at FBI 

headquarters and Field Intelligence Groups (FIGs) in all 56 field offices. Later that year the Bureau established the 

National Security Branch (NSB), which places responsibility for intelligence, counterterrorism, counterintelligence 

and weapons of mass destruction under the responsibility of a single Executive Assistant Director. In addition, 

Assistant Special Agents in Charge (ASACs) for National Security were designated in each field office. In mid2007, the FBI undertook an aggressive effort to identify weaknesses in its intelligence program, develop solutions 

and implement those solutions across the field. As a result of this effort, the FIGs were reorganized according to 

best practices and the DI was realigned to better support the newly standardized field structure. 

The FBI established the Cyber Division (CYD) in 2002, applying the highest level of technical capability and 

investigative expertise toward combating cyber-based terrorism, hostile foreign intelligence operations conducted 

over the Internet and cyber crime. Historically, the FBI addressed cyber investigations on an ad hoc basis, dispersed 

among many divisions and programs. This disjointed approach exacerbated the challenges faced in a rapidly changing technical environment. CYD now manages investigations into computer intrusions targeting the national 

information infrastructure, internet-facilitated criminal activity, and supports FBI priorities across program lines, 

assisting counterterrorism, counterintelligence and criminal investigations that call for technical expertise. 

In the area of criminal investigations, the FBI focused on criminal threats where it brings something unique to 

the table or can have the most substantial and lasting impact. This meant more resources dedicated to public 

corruption, civil rights, transnational organized crime, violent gangs, crimes against children and fraud such as 

corporate and mortgage fraud. The FBI used a task force approach, supporting 43 Violent Crime Safe Streets 

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Task Forces; operating eight Major Theft Task Forces; expanding the number of Violent Gang Safe Streets Task 

Forces from 135 to 151 (and increasing the number of Agents assigned to them by 43 percent); and expanding 

the number of Safe Trails Task Forces to 19. The FBI also supported the Mara Salvatrucha (MS-13) National 

Gang Task Force (NGTF), the National Gang Intelligence Center and the National Drug Intelligence Center. 

To keep pace with the globalization of terrorism, intelligence and cyber threats, and criminal enterprises, the 

FBI expanded its international presence to 76 cities, as well as personnel assigned to U.S, combatant commands, 

on the ground in Iraq and Afghanistan, and at international training centers. 

The FBI had significant accomplishments in the area of human resources. More than 46 percent of the FBI’s 

current workforce was recruited, hired and trained in the past seven years. Training for new special agents was 

increased from 16 weeks to 21 to incorporate additional training in the areas of intelligence, counterterrorism, 

cyber and civil liberties. The FBI also established specialized career paths for special agents with intermediate 

and advanced-level training and professional development opportunities to give agents the expertise needed to 

address today’s complex threats. 

The FBI built and continues to expand an Intelligence Career Service of analysts, linguists, and surveillance personnel, as well as teams of Special Agents in each field office who focus exclusively on intelligence collection. 

The Bureau hired 2,000 analysts and increased its linguist cadre by 77 percent. A comprehensive training program and career path was developed for intelligence analysts, who now spend 10 weeks at the FBI Academy 

when they enter duty and, like special agents, sign a mobility agreement consenting to be assigned anywhere in 

the world where their skills might be needed. 

FBI changed the measures by which offices, programs, executives and other personnel are evaluated to place more 

emphasis on intelligence functions and partnerships. New measures focused on the quantity, speed, quality and 

relevance of intelligence production, source coverage, and responsiveness to priority intelligence requirements, are 

tied to a completely revamped inspection process and performance appraisals and rewards that cascade down from 

senior leadership to rank and file. The FBI also initiated regular performance review sessions to hold executives 

accountable. Every 60 days, the Director conducts a secure video conference with each Special Agent in Charge 

to discuss the division’s top threats, source base, source coverage against the top threats, access and reporting by 

that source base, identification of intelligence gaps, and the division’s plan to target collection against those gaps. 

In the area of IT, the FBI deployed a new high-speed secure secret-level network with new computers and modern software. New secret-level connectivity was established with the intelligence and homeland security communities via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) and top secret 

connectivity via the Sensitive Compartmented Information Operational Network (SCION). Secure voice and 

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video teleconferencing allow the FBI to access and share information rapidly and globally. More than 20,000 

BlackBerry Smart phones have been deployed that provide secure access to unclassified information. 

The FBI developed sophisticated investigative tools that make it easier to access, analyze and share information 

inside and outside the organization. For example, the Investigative Data Warehouse, Guardian, the Data 

Extraction and Extension Project (DEEP), and the Intelligence and Terrorist Photo Identification Database 

(INTREPID) help FBI personnel store, search and analyze data. SENTINEL, the FBI’s next generation information and case management system is being successfully deployed in phases. 

To drive further innovation, the FBI established the position of chief information officer, developed a strategic 

IT plan, a baseline enterprise architecture and a system for managing IT projects from planning and investment, 

through development and deployment, operation and maintenance, and disposal. 

During this period, the FBI also strengthened its internal security with new requirements for personnel polygraphs and financial disclosure, and development of a dedicated group of professional security officers. The FBI 

strengthened its disciplinary process to enhance its speed, transparency and consistency. The FBI established the 

Office of Integrity and Compliance and formalized its compliance program to more systematically identify areas 

of possible risk and develop comprehensive strategies for mitigating those risks. 

On December 1, 2008, the FBI implemented the Attorney General’s Guidelines for Domestic FBI Operations. 

Investigations are, for the first time, being conducted under a unified set of guidelines that apply across all program 

areas, providing flexibility to respond to threats that do not fall into neat program silos, allowing for more strategic intelligence gathering, and providing a simpler framework that reduces confusion and promotes compliance. 

To ensure we are positioned to meet threats over the horizon, the Bureau implemented a strategic planning process, 

tied resource allocation to the strategy and implemented a strategy-oriented five-year budget process. The Deputy 

Director’s Planning Office that handled strategic planning was consolidated with resource allocation and performance measurement functions to form the Resource Planning Office (RPO). The RPO takes a corporate approach 

to strategic planning, performance management, corporate policy, resource allocation and management, and business process management to maximize Bureau effectiveness in achieving its core objectives. 

As the Bureau celebrates its first century of service, it must continue to address a complex set of threats in an 

increasingly interconnected world. Recognizing that the FBI must be prepared for the threats over the horizon, 

it has implemented management and intelligence processes that both provide long range vision and ensure the 

organization is positioned to stay ahead of future threats. The FBI enters its second century with a new mindset, new agility and vision, and continued commitment to excellence in protecting the American people. 

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FAST FACTS: 

February 2001 

FBI Agent Robert Philip Hanssen was arrested for conspiracy to commit espionage. Hanssen 

was alleged to have engaged in a lengthy relationship with the KGB and its successor agencies. 

Hanssen pleaded guilty to 15 espionage-related changes on July 6, 2001, and was sentenced to 

life in prison on May 10, 2002. 

September 2001 

Following the terrorist attacks against New York and Arlington, Va., the FBI dedicated 7,000 of 

its 11,000 special agents and thousands of staff to the PENTTBOM investigation. 

January 2002 

A federal grand jury in Massachusetts returned a nine-count indictment against Richard Colvin 

Reid, a British citizen and Muslim convert. Reid was charged as an al Qaeda-trained terrorist 

who attempted to destroy American Airlines Flight 63 with explosive devices concealed in his 

shoes. Reid was sentenced to life imprisonment. 

March 2002 

In the FBI-led Operation Candyman, a national effort to arrest those who peddle child 

pornography on the Internet, more than 89 individuals in more than 20 states were arrested. 

The year-long undercover operation involved every FBI field office, nearly every U.S. 

Attorney’s Office, the Child Exploitation and Obscenity Division of DOJ’s Criminal 

Division, and state and local law enforcement agencies around the country. 

September 2002 

The Buffalo Joint Terrorism Task Force (JTTF) executed federal search warrants on six 

Yemini-Americans living in Lackawanna, N.Y., who had traveled overseas in 2001 to attend 

the al-Farooq terrorist training camp near Kandahar, Afghanistan. The six were sentenced to 

seven to 10 years in prison each. 

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October 2002 

The FBI and other agencies arrested snipers Lee Boyd Malvo and John Allen Muhammad, 

ending their three-week killing spree. Muhammad was sentenced to death and Malvo 

received multiple sentences of life imprisonment without parole. 

May 2003 

The FBI, with the assistance of local authorities in Murphy, N.C., arrested Eric Robert 

Rudolph, charging him in connection with the bombing of a health clinic in Birmingham, 

Ala., in which a police officer was killed and a nurse critically wounded. He also was charged 

in connection with bombings at Centennial Olympic Park in downtown Atlanta, at the 

Sandy Springs Professional Office Building north of Atlanta, and at the Otherwise Lounge 

in midtown Atlanta. These bomb blasts injured more than 150 people. 

January 2004 

The FBI arrested 27 family bosses and members of the Bonanno organized crime family of 

La Cosa Nostra. They were charged with racketeering, 15 murders, attempted murders and 

murder conspiracies. Seventy members and associates of the Bonanno family have been 

prosecuted since March 2002. 

April 2004 

Twenty-two members and associates of the Genovese crime family were charged with racketeering, extortion, fraud, tax evasion and other offenses for their control over the drywall 

industry in New York. 

May 2004 

The FBI, working with local law enforcement officials, re-opened an investigation into the 

1955 murder of Emmet Till, a black 14-year-old from Chicago, who was kidnapped and 

murdered while visiting family in Money, Miss. The investigation was opened to determine 

whether any prosecutions remain possible under state law. The federal portion of the investigation was closed in March 2006. 

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February 2005 

The Directorate of Intelligence was officially created as the FBI’s dedicated and integrated 

intelligence service in order to ensure the inculcation of an intelligence culture across the 

FBI’s programs. 

September 2005 

The FBI coordinated a five-nation law enforcement effort to target growing violence from 

organized gangs, particularly MS-13, in the United States, El Salvador, Honduras, Guatemala 

and Mexico. More than 650 arrests, searches, detentions and other law enforcement actions 

were made in the course of the operation. 

The FBI created a National Security Branch (NSB), bringing its national security divisions 

together into a single entity in order to be more responsive to the newly created Office of the 

Director of National Intelligence. The NSB initially consisted of the Directorate of Intelligence, 

the Counterterrorism Division, and the Counterintelligence Division. On July 26, 2006, the 

Weapons of Mass Destruction Directorate was established within the NSB. 

Also that September, the National Instant Criminal Check System (NICS) logged its 50-millionth transaction since its inception in 1993 under the Brady Handgun Act. 

November 2005 

The FBI created a list of the “Top Ten Art Crimes.” The first crimes on the list included looted 

and stolen artifacts from Iraqi museums and historical sites, as well as Munch’s “The Scream,” the 

Davidoff-Morini Stradivarius, Cezanne’s "View of Auvers-sur-Oise," and Da Vinci’s "Madonna of 

the Yarnwinder." 

January 2006 

Eleven members of the Earth Liberation Front and the Animal Liberation Front were indicted for a 

series of domestic terrorist arsons between 1996 and 2001. The arsons destroyed millions of the dollars of property including the Vail Ski Facility in Vail, Colo., the Childers Meat Company in Oregon 

and the U.S. Bureau of Land Management Wild Horse Holding Facility in Wyoming. The indictments follow a series of arrests in December 7, 2005; January 17, 2006; and January 19, 2006. 

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FBI was restructured to better support its priorities. A key part of the reorganization was creation 

of the Associate Deputy Director (ADD) position. The ADD will oversee the management of the 

FBI’s personnel, budget, administration and infrastructure, thereby allowing the Director and 

Deputy Director to focus on operations, intelligence and liaison. 

October 2006 

Adam Yahiye Gadahn, a U.S. citizen, was indicted on charges of treason and providing material support for providing aid and comfort to al Qaeda. Gadahn is the first person charged with 

treason since the World War II era. Gadahn appeared in numerous al Qaeda anti-American 

videotapes broadcast between 2004 and September 11, 2006. Gadahn is currently on the FBI’s 

Most Wanted Terrorists list. 

January 2007 

Former Congressman Robert W. Ney was sentenced on multiple charges including honest services fraud and making false statement to the U.S. House of Representatives. 

Former Ku Klux Klan member James Ford Seale was indicted in Mississippi on charges related 

to his role in the abduction and slaying of two young African American men—Henry Dee and 

Charles Moore—in May 1964. The unsolved case was revived in 2005 when Charles Moore’s 

brother Thomas and a documentary film maker discovered that Seale was alive. Their work led 

the FBI’s Jackson field office to reexamine decades-old records and enlist the help of five retired 

FBI agents who investigated the original case. Seale was convicted in June 2007 and was sentenced to three life terms in prison. His conviction was reversed on appeal, but the entire 5th 

Circuit Court has agreed to rehear the case in May. 

March 2007 

The FBI completed a targeted, two-week nationwide initiative involving federal, state and local 

law enforcement to disrupt neighborhood gangs and their criminal activity. The result was a 

total of 108 federal arrests and 47 state arrests across 12 FBI field offices, including El Paso, 

Detroit, St. Louis, Houston, San Juan, San Antonio, New Haven, Cleveland, Omaha, San 

Diego, Sacramento and Charlotte. The majority of these individuals were charged with conspiracy to distribute narcotics and various weapons violations. 

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April 2007 

The FBI assisted law enforcement agencies investigating the shootings at Virginia Tech, which 

resulted in the loss of 32 lives on April 16. 

May 2007 

A 17-month FBI undercover investigation led to charges against six men who allegedly tried to 

amass a small arsenal for a planned attack on soldiers at the U.S. Army base at Fort Dix, N.J. 

According to a criminal complaint, the defendants traveled to the Pocono Mountains in 

Pennsylvania for firearms training; collected an arsenal of handguns, shotguns and semi-automatic assault weapons; and conducted surveillance on Fort Dix and other military bases. A 

cooperating witness infiltrated the group and over the next year recorded the group’s alleged 

plans in vivid detail, including one of the group’s members explaining to the others that they 

could kill at least 100 soldiers by using rocket-propelled grenades, mortars and other weapons. 

Richard Steve Goldberg, one of the FBI’s Ten Most Wanted Fugitives, was arrested in Montreal. 

Goldberg was wanted in connection with various crimes against children. 

June 2007 

FBI participated in announcing the results of an ongoing cyber crime initiative to disrupt and 

dismantle “botherders” and elevate the public’s cyber security awareness of botnets. A botnet 

is a collection of compromised computers under the remote command and control of a criminal “botherder.” Most owners of the compromised computers are unknowing and unwitting 

victims who have unintentionally allowed unauthorized access and use of their computers as 

a vehicle to facilitate other crimes, such as identity theft, denial of service attacks, phishing, 

click fraud and the mass distribution of spam and spyware. Botnets are a growing threat to 

national security, the national information infrastructure and the economy. The FBI also has 

charged numerous individuals with cyber crimes around the nation as a direct result of the 

coordinated operation. 

The FBI announced the Bureau-wide deployment of the first phase of Sentinel, the FBI’s 

next-generation information management system. Phase 1 provides a user-friendly, Webbased interface to access information currently in the FBI’s Automated Case Support (ACS) 

system. Information is pushed to users and is available through hyperlinks. 

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August 2007 

The FBI responded to the collapsed bridge in Minneapolis, providing forensic and investigative 

support to the National Transportation Safety Board, which led the federal investigation. 

September 2007 

Ten Most Wanted Fugitive Diego Leon Montoya Sanchez was arrested by Colombian authorities near Zarzal in Valle del Cauca. Montoya is the principal leader of the North Valley Cartel, 

which is believed to be the most powerful and violent drug trafficking organization in 

Colombia. 

January 2008 

Jose Padilla and two associates were sentenced on charges of conspiracy to murder, kidnap and 

maim individuals in a foreign country, and to provide material support to terrorists. Padilla was 

sentenced to 208 months in prison. 

February 2008 

The FBI announced the awarding of a contract for the design, development, documentation, 

integration, testing and deployment of the Next Generation Identification (NGI) System. The 

NGI System will expand on the FBI Criminal Justice Information Services Division’s current 

Integrated Automated Fingerprint Identification System, which is primarily a fingerprint-based 

identification system. The NGI System will advance the integration strategies and indexing of 

additional, lawfully authorized, biometric data, such as iris and facial imaging. 

March 2008 

The governor of Puerto Rico and a dozen others were indicted for election related crimes. The 

defendants face charges ranging from conspiracy, false statements, wire fraud, federal program 

fraud and tax crimes related to campaign financing for the governor’s 1999-2000 and 2001-2002 

campaign for Resident Commissioner of the Commonwealth of Puerto Rico and subsequent 

2004 gubernatorial campaign. Additional indictments were filed in August. 

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June 2008 

Christopher Paul, of Columbus, Ohio, pleaded guilty to conspiring with others to use a weapon 

of mass destruction, namely explosive devices, against targets in Europe and the United States. 

On April 11, 2007, Paul was arrested in Ohio on a three-count indictment alleging that he conspired to provide material support and resources to terrorists; conspired to use a weapon of mass 

destruction; and provided material support and resources to terrorists. Paul agreed to a sentence 

of 20 years in prison. 

More than 400 defendants—including two senior managers of failed Bear Stearns hedge 

funds—were charged for roles in mortgage fraud schemes as part of Operation Malicious 

Mortgage. From March 1 to June 18, 2008, the operation resulted in 144 mortgage fraud cases 

in which 406 defendants were charged. An additional 60 arrests were made in mortgage-fraud 

related cases in every region of the United States on June 16. 

July 2008 

On July 29, 2008, Sen. Ted Stevens was indicted by a federal grand jury on seven counts of 

failing to report gifts received from VECO Corporation and its CEO Bill Allen on his Senate 

financial disclosure forms. Stevens was found guilty on all counts on October 27, 2008. 

August 2008 

At a press conference, FBI and other Department of Justice officials announced that Army scientist Bruce Ivins was determined to have acted alone in the 2001 anthrax attacks that killed 

five Americans. A series of documents related to the “Amerithrax” case were publicly released, 

explaining why charges were about to be brought against Ivins, who took his own life before 

those charges were filed. 

Michael Jason Registe, who was added to the FBI’s Top Ten Fugitives on July 28, 2008, was 

arrested in St. Maarten. Registe was wanted for the July 2007 double murders of Columbus 

State University students Bryan Kilgore and Randy Newton Jr. in Columbus, Ga. 

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October 2008 

The FBI announced that, in conjunction with many international partners, it had concluded a 

two-year undercover operation targeting members of the online “carding” forum known as Dark 

Market. This operation resulted in 56 arrests worldwide. Additionally, $70 million in economic loss was prevented from the seizure of compromised victim accounts. 

The FBI joined with the National Center for Missing & Exploited Children in announcing the 

conclusion of a three-day law enforcement action—Operation Cross Country II—aimed at 

combating sex trafficking of children. The effort led to 642 arrests and most importantly, to the 

removal of 47 children from the cycle of victimization. A similar enforcement action had taken 

place in June as part of Operation Cross Country. 

STATISTICAL HIGHLIGHTS 

Counterterrorism Accomplishments 

Arrests Information/ 

Indictments 

Convictions 

* Number of accomplishments in 

FY 2008 as of August 

FY2001 

FY2008* 

510

662

251

395

231

402

700 

600 

500 

400 

300 

200 

100 

0 

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Counterintelligence Accomplishments 

Arrests Information/ 

Indictments 

Convictions 

* Number of accomplishments in 

FY 2008 as of August 

30 

25 

20 

15 

10 

5 

0 

12

20

6

25

FY2001 

FY2008* 

11

23

Criminal Disruptions 

Civil Rights 

Program 

Gang/ 

Criminal 

Enterprise 

Program 

Organized 

Crime-Drug 

Enforcement 

Program 

Organized 

Crime 

Program 

Violent 

Crime 

Program 

White 

Collar 

Crime 

Program 

* Number of accomplishments in 

FY 2008 as of August 

0 14

599

113

78

458

700 

600 

500 

400 

300 

200 

100 

0 

206

436

309

62

176

15

FY2001 

FY2008* 

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Intelligence Analysts on Board 

FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 

* Numbers as of August 2008 

1,023

1,012

1,180

1,403

1,998 2,188

2500 

2000 

1500 

1000 

500 

0 

2,169

2,283

Intelligence Analysts 

FEDERAL BUREAU OF PRISONS 

STRATEGIC MANAGEMENT OF HUMAN CAPITAL 

! From Fiscal Year 2001 through November 20, 2008, the Bureau’s inmate population increased by 39.5 

percent, from 145,125 to 202,508. The agency opened 22 new facilities to accommodate this growth: 

United States Penitentiaries (USPs) Pollock, Atwater, Coleman, Lee, Big Sandy, McCreary, Victorville, 

Hazelton, Canaan, Terre Haute, Coleman II and Tucson; Federal Correctional Institutions (FCIs) 

Petersburg-Medium, Gilmer, Victorville II, Williamsburg, Bennettsville, Forrest City-Medium, Herlong, 

Yazoo City-Medium, Butner II-Medium, and the Hazelton Secure Female Facility; and the Federal 

Detention Center, Honolulu, HI. The number of staff employed by the agency increased from 32,000 at 

the end of FY 2000 to nearly 36,500 at the end of FY 2008. 

! The Bureau implemented the electronic Official Personnel Folder (eOPF) initiative, designed to automate all Bureau employees' personnel files. This initiative assures continuity of operations and disaster 

recovery by providing the Bureau with offsite electronic record storage. eOPF aims to reduce the time 

to file and distribute documents, reduce use of paper, facilitate the investigation process for the Office 

of Personnel Management, expedite replies to information requests and foster employee satisfaction by 

providing Web access to key personnel information. 

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! Since January 2007, more than 36,000 hard copy OPFs have been converted into electronic format; 

and virtual folders were created for performance, payroll and court order documents. Manual filing of 

Notification of Personnel Actions (SF-50), and Federal Employee Health Benefit (FEHB) or Thrift 

Savings Plan enrollment forms is no longer required. 

! In April 2001, BOP implemented its forward thinking initiative to enhance the agency’s readiness to 

meet future demands on the system. Since then, the agency has been involved in numerous activities to 

promote this process agency-wide, including: 

" A permanent, multi-faceted forward thinking structure was established with a Review Team that 

oversees the overall initiative, a Scanner Team that continuously monitors existing and emerging trends, and an Executive Review Group, to ensure that all policy, pilot programs and 

Executive Staff papers address identified future trends. 

" Work groups have been formed to provide innovative solutions to some of BOP’s most complex issues. Achievements to date include development of a long-term plan for an integrated 

educational curriculum and various recommendations to the executive staff to improve staff 

work life. Workgroups are currently involved in developing a model for a self-sustaining prison, 

analyzing creative solutions to prison crowding and exploring alternatives for providing costeffective medical care into the future. 

COMPETITIVE SOURCING 

! In FY 2006, the agency began replacing expiring intergovernmental agreements with competitively bid 

contracts. Under this initiative, in FY 2007 alone, the agency awarded contracts to five private prison 

companies to house sentenced criminal aliens. Of the Bureau’s current inmate population, approximately 

83 percent are housed in BOP-operated facilities, while the balance are confined in contract care. More 

than 22,800 inmates are confined in 13 privately managed, secure facilities that are under contract with 

the Bureau (up from about 8,600 at the end of FY 2002). These contract facilities are especially useful 

for meeting the needs of low-security, special populations, such as criminal aliens. The number of 

offenders in residential re-entry centers (RRCs) grew from 7,611 at the end of FY 2000 to 8,714 as 

of November 13, 2008. 

! In FY 2008 alone, numerous contracts were awarded, including: nine for new RRCs, adding 534 new 

beds (valued at $80 million); the Electronic Law Library contract, which will afford the inmate population the ability to research legal materials electronically; one for the purchase of stab resistance vests 

for Bureau staff; and one to bring the Bureau’s Electronic Medical Records initiative one step closer to 

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having a fully electronic system. Additionally, the Bureau awarded 28 new construction contracts at field 

locations valued at more than $29 million, and three Energy Savings Performance Contracts (ESPC), 

adding to the 16 other ESPC projects in various stages of implementation. 

IMPROVED FINANCIAL PERFORMANCE 

! For the tenth consecutive year, BOP received an unqualified opinion on its FY 2008 financial 

Statements. Federal Prison Industries (FPI, also known as UNICOR) also received a clean audit on its 

FY 2008 financial statements.. 

! During FY 2007, UNICOR adopted “Lean Six Sigma” as its standard program for continuous improvement. Lean is the process of eliminating waste throughout a business process or organization: it analyzes 

all processes and determines the value added at each step, eliminating or reducing those steps which provide little or no value to the customer. Six Sigma involves the rigorous implementation of proven quality 

principles and techniques, which aims to achieve virtually error-free business performance.The combination of both methodologies assists organizations in attaining world-class levels of performance. At the 

Fleet Management factory in Gilmer, West Virginia, improvements were realized in the factory’s inventory tracking and organization of factory tools, materials, and equipment, and an extended work shift 

was eliminated. As a result of these combined initiatives, FCI Gilmer’s UNICOR factory increased its 

monthly output of remanufactured trucks by more than 165 percent. 

EXPANDED ELECTRONIC GOVERNMENT 

! The Bureau launched its new public Web site—www.bop.gov—in February 2005. This site incorporated 

significant technological advancements and was designed to facilitate access and use by BOP constituents. 

The new user-friendly features, significantly enhanced navigation, search engine, inmate locator and facility locator tools and are associated with a significant increase in number of visitors. The inmate locator tool 

has been extremely valuable to BOP’s law enforcement and other criminal justice partners in supporting 

their work as well. Since its initial release, BOP has continued to expand the amount of information 

directly available to the public. The Web site contains an electronic FOIA request form, which allows 

citizens to transmit their FOIA requests electronically. Including the inmate locator tool on the Web site 

has resulted in a dramatic decrease in FOIA requests to the Bureau, from approximately 25,000 FOIA 

requests in FY 2001 to fewer than 14,500 in FY 2008 (based on available data). Those requests represented more complex, time-consuming requests for documentation. The public’s increased use is 

dramatically demonstrated by a comparison of pre- and post-launch usage statistics: during FY 2002, 

the Bureau’s Web site received almost 28.5 million hits during 3.1 million visits by more than 1.35 

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million different visitors. During FY 2008, the Web site received in excess of 922.8 million hits during 

approximately 18.6 million visits by more than 5.9 million different visitors. 

! BOP has made great strides towards fully implementing the Electronic Medical Record (BEMR), which 

creates a complete record of all health care provided by BOP practitioners and makes the data available 

to providers regardless of where in BOP the inmate is housed. Full integration with a pharmacy information system ensures that medical information regarding care and treatment is available to providers 

across the continuum of care. Standardization of medical information in a s tructured format will allow 

for analysis of the effectiveness of treatment regimens and protocols, and digital storage of data with 

appropriate backups and recovery plans minimizes the risk of lost or damaged records due to problems 

with transportation or other catastrophic events. Future modules will include inpatient and ancillary 

services, such as dietary, social work and physical therapy. 

! BOP continued its expansion of the TeleHealth program (implemented in FY 2000) to improve health 

care delivery and reduce costs. TeleHealth is the use of telecommunications technologies to exchange 

health information and provide health care diagnostic or treatment services to inmates in remote BOP 

facilities. The Bureau uses TeleHealth to connect institutions with community health care providers, as 

well as to connect BOP facilities with each other. For example, a psychiatrist can observe and interview 

patients long distance, review prior treatment, and discuss future treatment and management plans with 

providers at an inmate’s assigned institution. Additionally, a psychiatrist in one location can provide consultation services to staff in multiple institutions, enabling the agency to optimally use its resources. 

TeleHealth also improves security (especially at high security penitentiaries) because an inmate does not 

leave the confines of an institution to receive an examination and evaluation. 

! BOP began using teleradiology, making it possible to transmit digital radiographic images to a team of 

radiologists who are available 24/7, 365 days a year, and who provide interpretations within 2 hours. 

This modality is time-efficient, makes it possible to enhance or enlarge images to facilitate reading and 

diagnosis, reduces problems associated with film image degradation, includes appropriate back-up and 

recovery plans to minimize the risk of loss or damage, and can be readily accessed by any physician 

within BOP as needed. Completion of about 45,000 interpretations via teleradiology has yielded cost 

savings of more than $570,000. 

BUDGET AND PERFORMANCE INTEGRATION 

! During FY 2007, with the re-accreditation of 35 previously accredited BOP institutions and the initial 

accreditation of two new facilities, the Bureau, for the first time in its history, achieved 100 percent 

accreditation. The Bureau has maintained 100 percent accreditation through FY 2008. 

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! BOP successfully implemented its medical classification system, which is used in conjunction with the 

agency’s security classification system to determine appropriate institution designations for inmates. 

Specifically, this system helps the agency identify inmates with needs for higher levels of medical care so 

they can be transferred to sites with the appropriate medical resources to manage their needs. 

Additionally, this system has ensured that staff resources are in line with the level of medical care being 

provided at each facility. 

! In support of the Department’s strategic plan, the Bureau added a seventh goal to the agency’s national 

strategic plan—Counterterrorism—through which BOP “will provide for public safety and security by 

focusing on the prevention, disruption, and response to terrorist activities.” Specific objectives and 

action steps were developed, and the agency effectively integrated this new goal into regular operations. 

BOP works with other DOJ components, law enforcement and task forces to maximize coordination 

of intelligence on terrorism. BOP actively participates in the National Joint Terrorism Task Force 

(NJTTF); has two full-time staff detailed to the FBI’s Counterterrorism Division assigned to National 

Major Gang Task Force; established Intelligence Officers at Metropolitan Detention Centers and 

Metropolitan Correctional Centers to coordinate with local JTTF; and manages terrorist subjects under 

special administrative measures. 

! In November 2006, the Bureau activated the Counterterrorism Unit (CTU) to assist in identifying and 

validating inmate involvement in terrorist activities; coordinate foreign language translation services, 

monitor and analyze terrorist inmate communications and produce intelligence products; develop and 

provide relevant counterterrorism training; and actively collaborate with other correctional agencies, law 

enforcement and the intelligence community. The CTU assists the agency in identifying, developing 

and implementing policies, programs and protocols that are relevant to national security matters. 

! Two Communications Management Units (CMU) were established to house inmates who, due to 

their current offense of conviction, offense conduct or other verified information, require increased 

monitoring of communications with persons in the community to ensure the safe, secure and orderly 

running of Bureau facilities, and to protect the public. 

PROGRAM INITIATIVE 

Faith-Based and Community Initiative 

! During FY 2003, the BOP established the Inmate Skills Development Branch to develop and coordinate agency-wide efforts to implement a comprehensive, integrated Inmate Skills Development (ISD) 

initiative to improve re-entry success for releasing ex-offenders. After extensive investigation, nine types 

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of skills were identified as essential to achieving re-entry success. Working with several federal criminal 

justice partners, including the Administrative Office of the U.S. Courts (AOUSC) and various districts 

of U.S. Probation and Pre-trial Services, the BOP then developed the Inmate Skills Development 

System, a Web-based application with assessment and planning capabilities that will facilitate the entire 

process. Administered at the start of the inmate’s incarceration, the assessment part provides staff with 

a comprehensive picture of an inmate’s existing strengths and weaknesses, specifically as these relate to 

release readiness, and also establishes a baseline against which skill acquisition can be measured. This 

tool will be used to create individually tailored skills development plans that address each inmate’s deficiencies; ensure programs are used that are appropriate to, and effectively work on, their specific deficit 

areas; facilitate ongoing monitoring of skills acquisition over the term of incarceration; and facilitate 

information-sharing and collaboration with parties that have a stake in re-entry success. Using the most 

appropriate programming to an individual’s needs will maximize resource allocation, and help focus 

resources on inmates with the greatest deficits and the highest risk of recidivism. 

! As part of this initiative, a number of collaborative efforts are underway, the most significant being the 

National Offender Workforce Development Partnership, which was jointly developed by representatives 

of the U.S. Department of Labor; AOUSC; U.S. Office of Probation and Pretrial Services; the National 

Institute of Corrections, a component of the BOP; and the Legal Action Center—HIRE Network. This 

partnership was designed to improve opportunities for career-oriented employment of ex-offenders and 

re-entry success. 

! BOP continues to offer an extensive array of strategies to prepare inmates for a successful community 

re-entry. Rigorous research has demonstrated that the BOP’s core programs—work/FPI, vocational 

training, education, and substance abuse treatment (specifically, the Residential Drug Abuse Program) 

—reduce recidivism. These programs are supplemented by a wide range of institution and community-based programs, from extensive psychological, health promotion, religious and other counseling 

services to the extensive use of residential re-entry centers and more. 

! Life Connections Program (LCP), BOP’s residential multi-faith-based program designed to facilitate 

personal transformation and reduce recidivism, operates at five institutions. This program relies heavily 

on community resources and volunteers and supports the release process by connecting inmates with a 

faith community at their release destination. As of the end of FY 2008, a total of 888 inmates had completed the LCP, and 419 were actively engaged. This program has been well-received by the inmate population, and has a long waiting list. An interim report prepared by the Bureau’s Office of Research and 

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Evaluation demonstrates a positive effect of LCP participation in reducing serious forms of misconduct 

while inmates participate in the program. Analysis of impact on recidivism requires more time to pass 

to support a preliminary evaluation. 

! The Threshold Program was implemented by Religious Services in September 2007 and currently operates at 21 Bureau institutions. This non-residential, six-month program provides inmates with spiritual 

growth opportunities in key life focus areas. To date, 215 inmates have completed the program and 144 

are currently involved. Bureau chaplains, volunteers and mentors collaborate on program delivery in 

partnership. 

U.S. MARSHALS SERVICE 

From 2001-2009, the U.S. Marshals Service (USMS) continued to apprehend more fugitives annually than any 

other federal law enforcement agency, while accepting new, diverse challenges as the nation’s national security 

and emergency response capabilities were put to the test. 

USMS personnel answered the call following the Sept. 11 attacks, mustering its resources to provide critical 

security and investigative support. In the wake of Hurricanes Katrina, Rita and Ike, the USMS provided a rapid 

response to the devastated areas, assisting in evacuating victims, helping to restore order and securing critical 

buildings and infrastructure. 

USMS also saw significant improvements in its ability to conduct its traditional mission areas, including: protection of the federal judiciary and all other participants in the federal judicial process, the execution of federal 

arrest warrants, the service of civil and criminal process, the transportation and production of prisoners for court 

and the administration of the seized assets program. 

Permanent regional fugitive tasks forces were established and the largest fugitive apprehension effort in U.S. history, Operation FALCON, was implemented and continues today as the model of interagency cooperation in 

the tracking and apprehension of fugitives. 

Improvements in training, techniques, acquiring new and innovative equipment, partnering with other agencies 

and a collective effort to improve how the USMS does business were all key factors in the USMS successes over 

the last eight years. 

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FAST FACTS 

September 2001: 

The USMS responded to the attacks on the World Trade Center and Pentagon. Immediately 

after the strikes, deputies provided on-site assistance, protective details and airport security support. The Special Operations Group secured the grounds of the Pentagon. As both locations 

were designated crime scenes, the USMS provided investigative support by gathering evidence 

at the scene and subsequently tracking suspects and witnesses. 

May 2002: 

The New York/New Jersey Regional Fugitive Force (NY/NJ RFTF) became operational. With 

Memoranda of Understanding (MOUs) with more than 80 federal, state or local agencies and 

three fully operational offices in the New York/New Jersey area, the NY/NJ RFTF has made an 

extraordinary impact on the investigation and apprehension of the region’s most dangerous and 

violent fugitives. 

July 2002: 

The Pacific Southwest Regional Fugitive Force (PSW RFTF) became operational, and since its 

inception has grown exponentially in terms of personnel, equipment and scope of investigation. 

Through their demonstrated willingness and ability to cooperate with other agencies, the PSW 

RFTF has continued to develop MOUs with federal, state and local law enforcement agencies. 

The PSW RFTF has met with tremendous success in conducting high-profile investigations and 

taking the “worst of the worst” off the streets throughout the Pacific Southwest and Hawaii. 

October 2002: 

In the largest manhunt in Washington history, D.C. sniper suspects John Allen Muhammad 

and John Lee Malvo were apprehended. Marshals personnel assigned to the sniper task force had 

identified the vehicle the two were traveling in and connected Muhammad to a prior address in 

Washington state. 

FY 2003: 

USMS opened field offices in Mexico City; Kingston, Jamaica; and Santo Domingo, 

Dominican Republic. The focus of these offices is to coordinate fugitive investigations with law 

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enforcement in each country to coordinate arrests, extraditions and deportations. In addition, the 

USMS conducts on-going training programs for these countries in fugitive investigation techniques and officer survival. 

July 2003: 

The Great Lakes Regional Fugitive Force (GLRFTF) became fully operational with offices in 

Chicago and Hammond, Ind. The GLRFTF continues to develop and maintain relationships 

with other law enforcement agencies and has met with tremendous success in apprehending 

numerous violent and dangerous fugitives throughout the Midwest. 

September 2003: 

The Southeast Regional Fugitive Force (SERFTF) became fully active, operating out of offices 

in Atlanta and Macon, Ga. The SERFTF currently has MOUs with more than 20 federal, state 

or local law enforcement agencies and continues to recruit other agencies to participate in the 

task force. The SERFTF is becoming well recognized as the “one-stop shop” for fugitive investigations in the state of Georgia. 

June 2004: 

The Capital Area Regional Fugitive Force’s (CARFTF) became operational with the mission to 

locate and apprehend the most violent and dangerous fugitives throughout the Washington, 

D.C., metropolitan area. With offices in Washington, northern Virginia and Maryland, the 

CARFTF has developed relationships with numerous federal, state and local law enforcement 

agencies in order to help ensure the safety of the citizens of our nation’s Capital and surrounding areas. 

October 2004: 

The USMS implemented the first Gang Resistance Education and Training Program 

(G.R.E.A.T.) pilot project for school-age youth in the Northern District of Ohio. Based on the 

demonstrated benefits and positive results of the pilot project, the Service received funding from 

BJA to implement the G.R.E.A.T. program on a national level. 

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July 2005: 

The USMS’s Judicial Security Division (JSD) established the Office of Protective Intelligence 

(OPI). This new office collects, analyzes and disseminates information about groups, individuals and activities that pose potential threats to the judiciary and persons or property protected 

by the USMS. 

August 2005: 

Mount Sinai Baptist Church in Cleveland opened its doors for fugitives to surrender under a 

new program call Fugitive Safe Surrender, developed by Marshal Pete Elliott of the Northern 

District of Ohio. Over the next four days, 850 persons turned themselves in for a wide range of 

criminal violations. 

September 2005: 

The USMS provided both aid and relief to victims in the Gulf Coast region devastated by 

Hurricane Katrina. In all areas, deputies assisted search and rescue missions, restored order and 

prevented looting, supported federal courts and judicial infrastructure, protected FEMA personnel in reconstructing communications and supply, and provided the use of JPATS prisoner 

transport aircraft to evacuate displaced residents. 

FY 2006: 

The Investigative Operations Division (formerly Investigative Services Division) created the Sex 

Offender Investigations Branch (SOIB) to manage its Sex Offender Apprehension Program. 

Since SOIB’s inception, it has developed an implementation strategy, assisted the rest of the 

Department of Justice with legal guidance, assigned a full time liaison to the National Center 

for Missing and Exploited Children and designated a sex offender investigations coordinator in 

each district and RFTF. 

July 2006: 

The Gulf Coast Regional Fugitive Task Force (GCRFTF) became fully operational with offices 

in Alabama and Mississippi, with headquarters located in Birmingham, Ala. The GCRFTF 

partners with numerous federal, state, and local law enforcement agencies throughout Alabama 

and Mississippi and continues to recruit other agencies to participate in the task force. 

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The USMS sponsored the first International Witness Protection Symposium in Washington. 

Participants included heads of witness security units and senior police officials representing 

more than 17 countries across three continents. 

The USMS was designated the lead law enforcement agency responsible for investigating sex 

offender registration violations and other offenses that violate the Adam Walsh Child Protection 

and Safety Act, passed on July 27, 2006. As part of the Act, the USMS has three principal 

responsibilities: assisting state, local, tribal and territorial authorities in the location and 

apprehension of non-compliant and fugitive sex offenders; investigating violations of the Act 

for federal prosecution; and assisting in the identification and location of sex offenders relocated 

as a result of a major disaster. 

March 2007: 

The JSD established a National Center for Judicial Security (NCJS) at USMS headquarters. 

The Center provides support to federal, state, local and international jurisdictions as they seek 

advice and assistance on matters of judicial security. The NCJS initiates programs and activities 

directly related to threat assessment, training, information sharing and technology review. The 

NCJS also oversees international training initiatives, such as Plan Colombia, which has trained 

more than 1,200 Colombian law enforcement officers since 2002. 

September 2007: 

The Office of Protective Intelligence opened the Threat Management Center (TMC). This 

Center serves as a clearinghouse for all threats and inappropriate communication directed at the 

judiciary. It operates 14 hours a day, five days a week, and is available 24 hours a day. 

October 2007: 

U.S. Marshals arrest tax protesters Ed and Elaine Brown at their home without bloodshed, ending the couple’s eight-month standoff. The Browns vowed never to be taken alive and were supported by numerous tax-resister organizations. The persistent, collaborative effort of dozens of 

USMS personnel ensured that both Browns were arrested without incident. 

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“15 MOST WANTED” APPREHENSIONS:
 

! Bryon Shane Chubbuck was arrested Feb. 7, 2001, in Albuquerque, N.M. 

! Maxwell Bogel was arrested March 1, 2001, in Brooklyn, N.Y. 

! Donald Garrison was arrested June 20, 2001, in Alexander Bay, N.Y. 

! Daniel Escobedo was arrested June 20, 2001, in Morelos, Mexico 

! Bernard Walker was arrested July 18, 2001, in Atlanta 

! Clayton Waagner was arrested Dec. 5, 2001, in Springdale, Ohio 

! Raymond Clark was arrested Feb. 19, 2002, in Upper Marlboro, Md. 

! Reginald Boxley was arrested March 16, 2002, in West Palm Beach, Fla. 

! Darrell Bellamy was arrested June 10, 2002, in Los Angeles, Calif. 

! Musa Mohammad Mahdi was arrested July 20, 2002, in Philadelphia, Pa. 

! Harold Anderson was arrested Sept. 26, 2002, in Miami Beach, Fla. 

! Nicandro Ucciferri was arrested Oct. 12, 2002, in Miami, Fla. 

! Peguy Etienne was arrested Dec. 4, 2002, in Ayden, N.C. 

! Askia Na’im Shabazz was arrested Jan. 10, 2003, in Louisville, Ky. 

! Derrick Ramon Smith was arrested Jan. 17, 2003, in Kansas City, Mo. 

! Timothy Joseph McGhee was arrested Feb. 13, 2003, in Bullhead City, Ariz. 

! Richard Vallee was arrested April 17, 2003, in Montreal, Canada 

! Donald Craig McCaney was arrested May 29, 2003, in Dallas, Texas 

! Michael Webster was arrested July 1, 2003, in Ladyville, Belize 

! Larry Flenoid was arrested July 15, 2003, in Kansas City, Mo. 

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! Edward Mathis was killed at the scene of his arrest Aug. 16, 2003, in Redford, Mich. 

! Sidney Marvin Lewis was arrested Oct. 14, 2003, in Eilat, Israel 

! Charles Buddy Beavers was arrested Nov. 11, 2003, in Miami, Fla. 

! Larry Ray Hanna was arrested Dec. 11, 2003, in Boone, N.C. 

! Ronnie Dontell Drane was arrested March 16, 2004, in Nashville, Tenn. 

! Trevor Damaurn Woods was arrested April 12, 2004, in Cincinnati, Ohio. 

! Robert Glenn Brown was arrested June 27, 2004, in Laredo, Texas 

! Reinier Kraan was arrested July 14, 2004, in Boise, Idaho 

! Timi Wallace was arrested July 20, 2004, in The Bronx, N.Y. 

! Timothy Berner killed himself at the scene of his arrest July 25, 2004, in Jacksonville, Fla. 

! Antonio James was arrested Sept. 7, 2004, in Kingston, Jamaica 

! Shateek Andrews was arrested Nov. 6, 2004, in New York, N.Y. 

! Luxon Coriolan was arrested Nov. 16, 2004, in Jacksonville, Fla. 

! Charles Dean was arrested March 23, 2005, in Philadelphia, Pa. 

! Phillip Williams was arrested May 23, 2005, in Philadelphia, Pa. 

! John Dallas Lockhart was arrested June 6, 2005, in Venice Beach, Calif. 

! Larvisa Cosby was arrested July 10, 2005, in Dallas, Texas 

! David Warner was arrested July 11, 2005, in Toluca, Mexico 

! Frederick Russell was arrested Oct. 24, 2005, in Dublin, Ireland 

! Rakeem Baskerville was arrested Nov. 2, 2005, in Baltimore, Md. 

! Jody Kenneth Thompson was arrested Nov. 29, 2005, in Las Vegas, Nev. 

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! Ralph “Bucky” Phillips was arrested Sept. 11, 2006, in Warren County, Pa. 

! Lee Ann Howard was arrested April 25, 2007, in Puerto Vallarta, Mexico 

! Byron Perkins was arrested April 25, 2007, in Puerto Vallarta, Mexico 

! Kenneth Freeman was arrested May 2, 2007, in Hong Kong
 

! Anthony Artrip was arrested Oct. 8, 2007, in South Fayette Township, Pa.
 

! Richard McNair was arrested Oct. 25, 2007, in New Brunswick, Canada 

! Nelson Youngblood was arrested Nov. 26, 2007, in Pearland, Texas 

! Craig Petties was arrested Jan. 15, 2008, in Queretaro, Mexico 

! David Sauceda was arrested Jan. 27, 2008, in Tangacicuaro, Michocan, Mexico
 

! David Clark was arrested June 18, 2008, in Jamaica
 

! Miguel Mateos-Martinez was arrested July 13, 2008, in Ensenada, Mexico
 

! Geovany Rivera was arrested Aug. 6, 2008, in Nueva Laredo, Mexico
 

! David Green was arrested Sept. 9, 2008, in Tampa, Fla. 

THE FALCON OPERATIONS 

Operation FALCON (Federal and Local Cops Organized Nationally) is a series of nationwide fugitive apprehension operations coordinated by the USMS in which the resources of federal, state, city and county law 

enforcement agencies are combined to locate and apprehend criminals wanted for crimes of violence. 

Operation FALCON represents a continuing series of national fugitive apprehension missions, which have 

resulted in the collective capture of more than 55,896 dangerous fugitive felons. The first Operation FALCON 

was conducted for one week in April 2005. The emphasis centered on gang related crimes, homicides, crimes 

involving use of a weapon, crimes against children and the elderly, crimes involving sexual assaults, organized 

crime and drug related fugitives and other crimes of violence. A total of 960 agencies participated in the operation, which resulted in the arrest of more than 10,000 fugitives. 

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USMS has conducted four more FALCON operations, the last conducted in June 2008. The operations have 

fostered partnerships among thousands of law enforcement agencies and proved the efficacy of the USMS 

cooperative law enforcement model, which seeks to multiply the positive impact of law enforcement at all 

jurisdictional levels. 

FALCON I (April 4 - 10, 2005 throughout the United States)
 


· 960 Participating Agencies
 


· 10,340 Fugitives Arrested
 


FALCON II (April 17 - 23, 2006 throughout the Western half of the United States)
 


· 793 Participating Agencies
 


· 9,037 Fugitives Arrested
 


FALCON III (October 22 - 28, 2006 throughout the Eastern half of the United States)
 


· 1,063 Participating Agencies
 


· 10,773 Fugitives Arrested
 


FALCON 2007 (May - June 2007, 27 cities/regions with high rates of violent crime)
 


· 540 Participating Agencies
 


· 6,406 Fugitives Arrested
 


FALCON 2008 (June 2008, throughout the United States)
 


· 1,600 Participating Agencies
 


· 19,380 Fugitives Arrested
 


FUGITIVE SAFE SURRENDER 

Fugitive Safe Surrender is a unique, creative and highly successful initiative that encourages people wanted 

for non-violent felony or misdemeanor crimes to surrender voluntarily to the law in a faith-based or other 

neutral setting. 

Managed by the USMS as a community re-entry program for wanted non-violent offenders, Fugitive Safe 

Surrender offers people with felony and misdemeanor warrants the ability to turn themselves in to law 

enforcement and have their cases adjudicated in a safe environment. Since its inception in 2005, the Service 

has overseen 11 Fugitive Safe Surrender Operations in: 

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! Cleveland, Ohio—August 3-6, 2005: This four-day operation saw more than 850 individuals voluntarily surrender. 

! Phoenix, Arizona—November 15-18, 2006: This four-day operation saw more than 1,300 individuals voluntarily surrender.
 


! Indianapolis, Indiana—April 25-28, 2007: This four-day operation resulted in the voluntary sur­


render of 531 individuals. 

! Akron, Ohio—July 11-14, 2007: This four-day operation saw more than 1,125 individuals voluntarily surrender. 

! Nashville, Tennessee—August 1-4, 2007: This four-day operation resulted in the voluntary surrender of 561 individuals. 

! Memphis, Tennessee—September 19-22, 2007: This four-day operation saw more than 1,580 individuals voluntarily surrender. 

! Washington, D.C.—November 1-3, 2007: The three-day operation resulted in the voluntary surrender of 530 individuals. 

! Rochester, New York—April 16-19, 2008: The four-day operation resulted in the voluntary surrender of 209 individuals. 

! Detroit, Michigan—June 4-7, 2008: This four-day operation saw more than 6,500 individuals voluntarily surrender. 

! Columbia, South Carolina—July 9-12, 2008: This four-day operation saw more than 380 individuals voluntarily surrender. 

! Philadelphia, Pennsylvania—September 17-20, 2008: This four-day operation saw more than 

1,200 individuals voluntarily surrender. 

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TRENDS, INITIATIVES AND OTHER NOTEWORTHY ACCOMPLISHMENTS
 

! In support of the federal judiciary, the USMS increased by 60 percent the number of prisoners in USMS 

custody from an average population of approximately 34,500 in FY 2001, to an average population of 

approximately 55,200 in FY 2008. 

! The Justice Prisoner Alien Transportation System (JPATS) has never had a successful escape from 

custody and maintains an unblemished aviation safety record by continuing to be accident-free 

since the program’s inception. 

! Since its inception, the Witness Security Program has never had a witness harmed who complied with the program. 

! Legislation implemented in February 2001 mandated that the USMS may not pay rates in 

excess of Medicare rates for prisoner medical services. From the time this legislation went into 

effect, through the end of FY 2008, the USMS has re-priced 347,535 claims, saving approximately $300,627,759. 

! The USMS Training Academy continues to see growth in the number of courses offered to 

USMS personnel. Courses recently established by the USMS Training Academy include a 

Senior Executive Education Series, Supervisory Leadership Development, Chief Deputy 

Development Program Series and a Customer Service Seminar. 

! Since the inception of the Asset Forfeiture Program, approximately $4.6 billion of proceeds were 

derived from the sales of forfeited properties and then shared with the victims of crimes and 

state/local agencies that helped in the investigation and prosecution of the criminals. 

! In FY 2008, the USMS received and investigated 1,278 inappropriate communications and 

threats (an 89 percent increase over the previous five years). 

! In order to improve the security of federal judges and prosecutors, the USMS created two new 

position classifications for deputy U.S. Marshals specifically designed to function in offensive 

and defensive fashion. They are focused on protection and investigations that mitigate threats 

and manage risk. During the Administration, 150 deputy U.S. Marshals have been assigned to 

these new roles. 

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! As a result of the events that occurred on September 11, the USMS initiated permanent protection for the Deputy Attorney General. This is an on-going protection detail and fits naturally with 

the USMS responsibility for the protection of approximately 5,500 federal prosecutors and 2,200 

federal judges. 

! In the past two years, the USMS Tactical Operations Group (TOG) has provided critical assistance in 800 homicide investigations. During the same period, TOG has conducted training for 

more than 300 law enforcement agencies. 

! Since July 2006, the USMS has apprehended approximately 20,000 fugitives wanted for sexual assaults, sex offender registration violations and other sex crimes. Additionally, investigators 

have opened more than 2,200 investigations on convicted sex offenders for violations of the 

Walsh Act and arrested more than 400 individuals who have been charged federally. 

! As a result of tremendous success, requests for USMS assistance in electronic surveillance have 

risen from 38 in 1989 to almost 20,000 in 2008. 

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INTELLECTUAL PROPERTY TASK FORCE 

The Department’s Intellectual Property Task Force (IPTF) was formed in 2004 to coordinate the Department’s 

efforts in this important area. Its creation reflected an understanding of the increasingly critical role of IP to our 

national economy, and the role the Department needs to play in protecting and enforcing IP rights. Since its 

inception, the Task Force has set forth goals and tracked its effectiveness achieving them. In this regard, the 

Department has accomplished a great deal during the last four years, but more work remains, and it is important that the Department’s efforts in this area continue. 

CRIMINAL ENFORCEMENT 

The Criminal Division and U.S. Attorneys' Offices around the country have shown an unprecedented dedication to prosecuting intellectual property (IP) theft since the IPTF was formed. Their efforts include: 

The Department has increased both the quality and quantity of IP prosecutions nationwide. For example, the Department filed 217 IP cases in FY 2007, representing a seven percent increase over cases 

reported in FY 2006 (204), and a 33 percent increase over cases reported in FY 2005 (169). Also in FY 

2007, 287 defendants were sentenced on IP charges, representing a 35 percent increase over FY 2006 

(213) and a 92 percent increase over FY 2005 (149). 

The Department has strengthened its domestic IP enforcement capacity, significantly expanding the 

Computer Hacking and Intellectual Property (CHIP) network of federal prosecutors dedicated to the 

prosecution of high-tech and IP crime. The total number of CHIP prosecutors has increased to 230, 

with at least one in each U.S. Attorney’s Office, and the number of specialized CHIP units has increased 

to 25 cities nationwide. 

Since 2004, the Criminal Division has led the two largest multinational law enforcement efforts ever 

directed at online piracy, known as Operations FastLink and SiteDown. Each operation involved 

simultaneous takedowns in 12 countries; more than 200 searches and arrests in more than 30 states; 

more than $100 million in seized pirated works; and a total of 112 felony convictions to date. 

The Division coordinated private, state and federal enforcement resources to address the proliferation 

of counterfeit goods posing a danger to consumers, including counterfeit and illegally prescribed pharmaceuticals. This initiative resulted in several nationally publicized cases, including: 

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 A Jordanian national was sentenced to 48 months imprisonment for the importation and distribution of more than 38,000 counterfeit Viagra tablets, some of which were adulterated; 

 Two defendants and two corporations pleaded guilty to trafficking in a combined total of 

518,028 tubes of counterfeit Colgate toothpaste with an estimated retail value of $730,419. Lab 

tests on samples revealed that some contained diethylene glycol (commonly used as a coolant 

for hydraulic and brake fluids); and 

 Eleven individual pleas and $10 million in forfeited proceeds from a 313-count indictment 

against 18 defendants charged with racketeering and other offenses related to a massive Internet 

pharmacy and drug distribution enterprise. 

The Criminal Division is part of a multi-agency initiative called Operation Guardian, which targets the 

importation of harmful foreign-manufactured products through U.S. ports. Originally developed by 

the Commercial Fraud and Intellectual Property Unit of Immigration and Customs Enforcement 

(ICE), Operation Guardian includes experts from the Division’s Computer Crime and Intellectual 

Property Section (CCIPS), ICE and Customs, the FDA Office of Criminal Investigations, the U.S. 

Postal Inspection Service, and the Consumer Product Safety Commission working together to disrupt 

the importation and distribution of counterfeit, substandard and tainted products that pose a health and 

safety risk to consumers. 

The Department has worked with several investigative agencies, including the FBI, ICE and the U.S. 

Postal Inspection Service as part of the Auction/Website Pirated Software and Counterfeit Products 

Initiative, which was established to address the high volume of pirated software and counterfeit goods 

being sold on Internet auction sites and other Web sites, most notably eBay. To date, the Initiative has 

resulted in 33 convictions, and other investigations are proceeding. 

CIVIL ENFORCEMENT 

The Civil Division continues to strictly enforce IP laws in U.S. courts, and to seek penalties for those who 

engage in IP theft. 

The Civil Division, working in conjunction with the Office of the Solicitor General, supports civil 

enforcement of IP rights by owners of those rights, as well as the proper interpretation of federal IP 

laws, through participation in private law suits as amicus curiae. The Department defends the constitutionality of IP laws—such as statutory damages provisions—and promotes legal precedents that 

enforce IP rights fairly and consistently. 

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The Civil Division, with United States Attorneys' Offices, also pursues penalties under the Tariff Act 

against counterfeit trademark importers. Where appropriate, the Department pursues civil penalties for 

violations of other federal IP laws as well. 

The Division defends rule-making procedures and is working with the U.S. Patent and Trademark 

Office to obtain reversal of a District Court decision striking down patent rule changes. 

WORKING WITH INTERNATIONAL PARTNERS 

Effective protection of IP rights depends on strong international as well as domestic criminal enforcement, 

therefore the Department has placed special emphasis on improving its international outreach and capacitybuilding efforts. These efforts include: 

In 2006-2007, Department prosecutors met with and provided training and technical assistance on IP 

enforcement to more than 6,500 foreign prosecutors, investigators, and judges from more than 100 

countries. 

Also in 2006, the Department established an IP Law Enforcement Coordinator (IPLEC) position in 

Bangkok, Thailand, dedicated to advancing the Department’s regional IP goals through training, outreach, and the coordination of investigations of IP crime throughout the region. A second IPLEC position, based in Sofia, Bulgaria, and covering Eastern Europe, has been established and will be staffed in 

the near future. Both IPLEC positions are ongoing. 

The Criminal Division assisted the High Courts of Delhi and Bangalore in presenting judicial training 

conferences on IP crimes and the efficient administration of IP cases within the Indian judicial system 

in March 2008. As a result of the conferences, the High Courts of Delhi and Bangalore have agreed to 

dedicate judges specifically to IP cases and to take other steps to reduce the backlog of IP cases. The 

Criminal Division is working with the Supreme Court of India to develop a national plan based upon 

the models in Delhi and Bangalore. 

In February 2008, the Department provided substantial assistance to the Mexican Supreme Court of 

Justice in hosting the “First Judicial Encounter on IP,” a Mexico-wide judicial conference on intellectual property matters. 

ANTITRUST COORDINATION AND TECHNICAL ASSISTANCE 

The Antitrust Division, in coordination with the Federal Trade Commission (FTC), has continued to provide 

assistance to China as China implemented its new Anti-monopoly Law (AML) in August 2008. Antitrust 

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Division officials have provided input and given speeches that addressed the fundamental principles Chinese 

enforcement authorities should embrace when analyzing IP rights under the AML in order to maximize innovation incentives. 

LEGISLATIVE EFFORTS 

The Department worked closely with members of Congress and their staffs in developing the Prioritizing 

Resources and Organization for Intellectual Property (PRO IP) Act of 2008, signed into law on October 13, 

2008. Almost all of the Department’s proposals were adopted in Titles I and II of the bill, including provisions 

that strengthen penalties for health and safety cases; strengthen civil and criminal forfeiture provisions for IP 

crimes; and add investigative tools for criminal and civil enforcement. 

COORDINATING WITHIN THE GOVERNMENT 

The IPTF has coordinated its efforts with other government agencies involved in intellectual property protection and enforcement in the following ways: 

On July 10, 2008, ICE re-launched the National Intellectual Property Rights Coordination Center with 

a greater operational focus. The FBI and CCIPS have committed resources to the Center to assist in this 

regard. 

The Antitrust and Criminal Divisions have worked closely with the Office of the United States Trade 

Representative and other U.S. government agencies on the Anti-Counterfeiting Trade Agreement, possible new Free Trade Agreements (FTAs), and implementation of existing FTAs with many countries, 

including Malaysia, Thailand, Oman, South Korea, Peru and Jordan. 

TRAINING AND OUTREACH 

Training law enforcement personnel to handle IP cases has allowed the Department to expand and reinforce its 

enforcement capabilities. In addition, public outreach is important to improve coordination with industry, often 

the best source of information for law enforcement personnel, and to educate the public about the problems 

and dangers of IP theft, which will improve prevention. 

LAW ENFORCEMENT TRAINING 

In June 2008, the Criminal Division, EOUSA and the CHIP working group, together with the Office of Legal 

Education, organized a five-day nationwide training conference in Orlando, Fla., for all CHIP prosecutors with 

specialized instruction on IP, computer crime and electronic evidence. 

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In April 2008, the Criminal Division, together with the Office of Legal Education, organized a three-day training seminar on IP crime for all federal prosecutors at the National Advocacy Center in Columbia, S.C. 

PUBLIC OUTREACH 

In February 2008, the Criminal Division hosted the second CCIPS Annual IPR Industry/Law Enforcement 

meeting in Washington. The meeting included members of CCIPS, local CHIP unit heads, and senior agents 

from the FBI, ICE, the Food and Drug Administration, the Department of Commerce, and the Department 

of State. More than 70 individuals attended the meeting, including representatives from more than 30 trade 

associations and companies engaged in the pharmaceutical, software, luxury goods, electronic, apparel, motion 

picture, recording, soft drink, certification mark, personal hygiene and automobile industries. 

PRESIDENT’S CORPORATE FRAUD TASK FORCE 

President Bush created the President’s Corporate Fraud Task Force on July 9, 2002 to restore public and investor 

confidence in America’s corporations following a wave of major corporate scandals. Since its inception, the Task 

Force has compiled a strong record of combating corporate fraud and punishing those who violate the trust of 

employees and investors. 

The Task Force includes the Assistant Attorneys General for the Justice Department’s Criminal and Tax 

Divisions, the Director of the FBI, seven U.S. Attorney’s Offices, the Departments of Treasury, Labor, and 

Housing and Urban Development and the heads of the Securities and Exchange Commission, Commodity 

Futures Trading Commission, Federal Energy Regulatory Commission, Federal Communications Commission, 

United States Postal Inspection Service, the Department of Housing and Urban Development's Office of 

Federal Housing Enterprise Oversight, the Federal Housing Finance Agency, the Office of the Comptroller of 

the Currency, the Office of Thrift Supervision, the Federal Reserve, and the Special Inspector General for the 

Troubled Asset Relief Program. 

Since July 2002, the Task Force has yielded remarkable results with nearly 1,300 total corporate fraud convictions, including more than 200 chief executive officers and presidents, more than 120 corporate vice presidents, 

and more than 50 chief financial officers. 

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PROSECUTING CORPORATE CRIMINALS 

Prosecutors and agency attorneys who are part of the Task Force have brought charges for accounting fraud, 

securities fraud, insider trading, market manipulation, wire fraud, obstruction of justice, false statements, money 

laundering, Foreign Corrupt Practices Act violations, stock option backdating and conspiracy, among others. 

Additionally, the Justice Department’s Asset Forfeiture and Money Laundering Section has obtained more than 

one billion dollars in fraud-related forfeitures and has distributed that money to the victims of corporate fraud. 

The following cases highlight just a sample of the exhaustive prosecutorial efforts of the U.S. Attorneys’ Offices 

and the Criminal and Tax Divisions of the Department of Justice and investigators of the Federal Bureau of 

Investigation, the U.S. Postal Inspection Service, and the Internal Revenue Service–Criminal Investigation: 

Enron: Criminal charges were brought against 36 defendants, including 27 former Enron Corporation 

executives. Eighteen of those charged pleaded guilty or were found guilty after trial, including Enron’s 

former chief executive officer, who was sentenced to 292 months in prison. The guilty verdicts against 

the former chairman/CEO in two cases were dismissed by abatement following his death. The Task 

Force seized more than $100 million in ill-gotten gains and the Department of Justice, working jointly with the Securities and Exchange Commission, obtained orders directing the recovery of more than 

$450 million for the victims of the Enron frauds. 

Enterasys: Eight former officers of Enterasys Network Systems Inc., including the chairman and the 

chief financial officer, have pleaded guilty or have been found guilty at trial of charges stemming from 

a scheme to artificially inflate revenue to increase, or maintain, the price of Enterasys stock. The fraud 

caused Enterasys to overstate its revenue by more than $11 million in the quarter ending Sept. 1, 2001. 

The fraud and its public disclosure resulted in a loss to shareholders of about $1.3 billion. As a result, 

Enterasys Chief Financial Officer Robert J. Gagalis was sentenced to 11 and a half years in prison. Bruce 

D. Kay, formerly Enterasys Senior Vice President of Finance, was sentenced to nine and a half years in 

prison. Robert G. Barber, a former Enterasys business development executive, was sentenced to eight 

years in prison and fined $25,000. Hor Chong (David) Boey, former finance executive in Enterasys Asia 

Pacific division, was sentenced to three years in prison. 

Qwest: The former CEO of Qwest Communications International Inc., was convicted on insider-trading charges stemming from his sale of more than $100 million in Qwest stock while in possession of 

material, non-public information regarding Qwest’s financial health. In addition, a former CFO pleaded 

guilty to insider trading. 

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AEP: AEP Energy Services Inc. (AEPES), a wholly owned subsidiary of American Electric Power, Inc. 

(AEP), one of the nation’s largest electric utilities, entered into a deferred prosecution agreement in 

which it admitted that its traders manipulated the natural gas market by knowingly submitting false 

trading reports to market indices. AEPES agreed to pay a $30 million criminal penalty. In separate 

actions, the Commodity Futures Trading Commission filed a civil injunction against AEP and AEPES. 

The companies also agreed to pay $21 million to the Federal Energy Regulatory Commission. 

PNC: PNC ICLC Corporation, a subsidiary of the PNC Financial Services Group Inc., the seventh 

largest bank holding company in the nation, was charged with conspiracy to violate securities laws by 

fraudulently transferring $762 million in mostly troubled loans and venture capital investments from 

PNC ICLC to off-balance-sheet entities. PNC entered into a deferred prosecution agreement and PNC 

ICLC agreed to pay a total of $115 million in restitution and penalties. 

Cendant: The former chairman and vice-chairman of Cendant Corp. were sentenced to 12 and a half 

years and 10 years respectively on conspiracy and securities fraud convictions arising out of a complex 

decade-long accounting fraud scheme. The fraud and its public disclosure caused a market capitalization loss of $14 billion in one day, the largest market capitalization loss ever at that time. Both defendants were ordered to pay $3.2 billion in restitution, which is believed to be the largest restitution order 

ever imposed. 

Mercury Finance: Senior executives of Mercury Finance Company, a subprime lending company, were 

convicted on charges stemming from an accounting fraud scheme designed to inflate the company’s revenues and to understate its delinquencies and charge-offs. The market capitalization of the company 

decreased by nearly $2 billion in one day after the fraud was made public. The former CEO, treasurer 

and accounting manager each pleaded guilty and were sentenced to 10 years, 20 months, and 12 

months, respectively. 

Hollinger: Four former executives of Hollinger International Inc., a newspaper holding company, 

including its CEO, chief operating officer, CFO, executive vice president and corporate counsel were 

recently found guilty of charges arising from a scheme to defraud the company and others primarily by 

misappropriating funds from non-compete agreements as part of the sale of newspaper publishing 

groups. The COO pleaded guilty and cooperated. 

Homestore: Eleven executives and employees of Homestore.com, Inc., an Internet company, were convicted for their roles in a complex revenue inflation scheme. Homestore fraudulently paid itself millions 

of dollars in bogus “round trip deals” to meet quarterly revenue expectations. The defendants were conACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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victed of conspiracy, insider trading, wire fraud, and other securities violations. The former CEO was 

found guilty, sentenced to 15 years in prison, and ordered to pay $13 million in fines and restitution. 

Adelphia: Following a four-month trial, the former CEO and CFO of Adelphia Communications 

Corp. were convicted of fraud charges arising from their participation in a complex financial-statement 

fraud and embezzlement scheme that defrauded Adelphia’s shareholders and creditors of billions of dollars. The former CEO and CFO were sentenced to 15 and 20 years in prison, respectively. Forfeitures 

netted more than $715 million for distribution to victims. 

WorldCom: The former WorldCom CEO was convicted on charges of conspiracy, securities fraud, and 

making false statements in SEC filings, and was sentenced to 25 years’ incarceration. 

Refco: The former CEO and CFO of Refco , a commodities brokerage firm, pled guilty, and a former 

50 percent Refco owner was convicted for their roles in a scheme to hide massive losses sustained by the 

company in the late 1990s. Public investor losses exceeded $2 billion. 

Impath: The former president and COO of Impath Inc., a biotechnology company, was convicted for 

his role in an accounting fraud that caused a decline in the company’s market capitalization in excess of 

$260 million. He was sentenced to 42 months in prison and repayment of $50 million in restitution 

and $1.2 million in forfeiture. 

Monster: The former general counsel of recruitment services giant MonsterWorldwide, Inc. pleaded 

guilty in connection with a scheme to fraudulently backdate millions of dollars worth of employee stock 

option grants by creating the appearance that the options had been granted on dates when Monster’s 

stock price had been at a periodic low point. 

Imclone: The former CEO of Martha Stewart Living Omnimedia was convicted of conspiracy, obstruction of justice and false statement charges and sentenced to five months in prison and five months of 

home confinement. The charges arose from the former CEO’s efforts to obstruct federal investigations 

into her trading in the securities of ImClone Systems Inc. The former Inclone CEO pleaded guilty to 

insider trading and was sentenced to seven years in prison. 

Bayou: Three principals of Bayou Hedge Funds pleaded guilty to fraud and conspiracy charges based on 

their substantial and prolonged misrepresentation of the value of the assets of the funds, to which investors 

had entrusted more than $450 million. Forfeitures netted $106 million for distribution to victims. 

Prudential Securities: Three suspects at the Boston office of Prudential pleaded guilty, and under a 

deferred prosecution agreement, Prudential agreed to pay a total of $600 million in penalties and restiACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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tution in connection with a “market timing” scheme. Using in-and-out deposits and withdrawals of 

mutual funds, Prudential increased investors’ gains by following the rise and fall of foreign markets, 

which are several hours ahead of U.S. markets. 

Network Associates: The former CFO of Network Associates Inc. was convicted by a jury on securities 

fraud and related charges stemming from a revenue recognition scheme in which Network Associates’ 

revenue was overstated by more than $470 million. 

DVI: The CFO of DVI, a medical office finance company, was sentenced to 30 months in prison for 

defrauding DVI’s finance companies and banks of $50 million through the use of false corporate books 

and the double pledging of assets. 

Beacon Rock: Hedge fund Beacon Rock Capital and its broker pleaded guilty to defrauding mutual funds 

and their shareholders of $2.4 million. The defendants used multiple account names and numbers, structured trades to avoid detection, and lied to mutual funds about the activity in order to market time trades. 

Comverse: The former CFO of Comverse Technology Inc., pleaded guilty to fraud charges arising from 

the backdating of option grants and granting of option grants to fictitious employees at Comverse from 

1998 to 2006. The former general counsel also was convicted of participating in the backdating scheme. 

The former CEO was arrested in Namibia in September 2006. The U.S. is seeking his extradition. 

Dynegy: Three former executives of energy firm Dynegy were convicted of charges stemming from an 

accounting scheme in which they misrepresented the proceeds of $300 million in loans as revenue from 

operations rather than debt. 

El Paso: Four traders of energy firm El Paso Corporation and six traders of its Merchant Energy subsidiary were convicted on charges relating to false reporting of natural gas trading information. 

COOPERATING AND SHARING INFORMATION ACROSS AGENCIES 

The success of the Task Force goes beyond the number of convictions and forfeiture. Over the past five years, 

the Task Force has increased cooperation among federal agencies and leveraged the resources of the federal government to combat corporate fraud. These cooperative efforts include: 

Agencies’ increased ability to share information and work collectively through joint training efforts. 

Shared information across member agencies about matters such as the use of effective law enforcement 

tools to combat corporate fraud, development of the law, and the analysis of trends in the marketplace. 

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Improved training efforts that have given prosecutors and agency lawyers the tools they need to do their 

jobs, and have encouraged prosecutors and agency lawyers nationwide to bring streamlined cases that 

are understandable to juries. 

Cooperation between member agencies to achieve justice through both criminal and civil penalties, and 

to share resources and expertise. 

USING VALUABLE LEGISLATIVE TOOLS 

The Task Force has utilized the tools provided by Congress to combat corporate fraud as embodied in the 

Sarbanes-Oxley Act. For example, the Task Force has charged more than 50 defendants with the new securities 

fraud provision set forth in Title 18, United States Code, Section 1348. In addition, the Task Force has charged 

defendants with falsely certifying the financial statements under Section 1350. The Task Force believes that this 

Section in particular has had an enormous deterrent effect on corporate crime. 

PROJECT SAFE CHILDHOOD 

Project Safe Childhood (PSC) is a Department of Justice initiative launched in 2006 that aims to combat the 

proliferation of technology-facilitated sexual exploitation crimes against children. The threat of sexual predators 

soliciting children for sexual contact is well-known and serious; the danger of perpetrators who produce, distribute and possess child pornography is equally dramatic and disturbing. 

The Department of Justice is committed to the safety and well-being of every child and has placed a high priority on combating sexual exploitation of minors. Through a network of federal, state and local law enforcement agencies and advocacy organizations, PSC coordinates efforts to protect our children by investigating and 

prosecuting online sexual predators. 

PSC is implemented through a partnership of U.S. Attorneys; the Child Exploitation and Obscenity Section of 

the Department’s Criminal Division (CEOS); Internet Crimes Against Children (ICAC) task forces; federal 

partners, including the FBI, U.S. Postal Inspection Service, Immigration and Customs Enforcement and the 

U.S. Marshals Service; non-governmental organizations such as the National Center for Missing & Exploited 

Children (NCMEC); and state and local law enforcement officials. 

PUBLIC EDUCATION AND AWARENESS 

In FY 2007, the Office of Justice Programs’ Office of Juvenile Justice and Delinquency 

Prevention (OJJDP) provided $4 million in grants to further the goals of PSC. 

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As part of that effort, OJJDP provided $2.5 million to fund a national public education and 

awareness campaign. With funding provided through the Self Reliance Foundation, creative 

project partners included the Hispanic Communications Network, INOBTR (I Know Better) 

and the Internet Keep Safe Coalition (iKeepSafe). 

This edgy national media campaign features four public service announcements (PSAs), one 

three-part Webisode, Web banners, radio ads, as well as movie theater and print materials. 

Various components of the media campaign can be adapted for continued use and distribution 

at local, state and regional levels by law enforcement and other appropriate organizations. 

One PSA encourages parents to become more actively involved in learning about online safety 

and in supervising their children’s online activities. This PSA is available in English and Spanish. 

Another PSA targets potential online predators. Low-level predators or potential predators are 

warned that their online actions constitute a serious federal crime and that they will suffer serious lifelong consequences and legal ramifications. This PSA is available in English and Spanish. 

Following the national launch, four regional media events were held in Seattle, San Diego, 

St. Louis and Miami. These events supported the television, radio, online and movie theater 

placement of PSAs in these regions, and also featured a human resources campaign with the top 

100 employers in each city. 

OJJDP also provided $1.5 million dollars for five projects at the local, state or multi-state levels. Funding was awarded to the following organizations: San Diego Police Foundation; Web 

Wise Kids; Prevent Child Abuse Vermont; Washtenaw Area Council for Children; and the 

Northeast Washington Education Council (ESD 101). 

These projects featured outreach efforts and innovative programming to schools, youth and 

community organizations, business entities, and various parent groups. These programs provided comprehensive training, curricula and online educational programming designed to assist in 

providing online safety for children. 

In 2007, the Department of Justice together with NCMEC and the Ad Council launched a new 

phase of the Online Sexual Exploitation PSA campaign designed to educate teenage girls about the 

potential dangers of posting and sharing personal information online. Since launching in 2004, 

the Online Sexual Exploitation campaign has garnered more than $188 million in donated media 

support, and the toll-free number, 1-800-THE-LOST, has received more than 225,000 calls. 

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The Department also sponsors a number of resources to help educate parents about how to keep 

their kids safe on the Internet, including NetSmartz.org, isafe.org and WebWiseKids.org. 

ENFORCEMENT 

Under PSC, the number of federal child exploitation prosecutions has increased significantly, 

along with the number of federal, state and local investigations and convictions, and more and 

more victims are being identified. PSC’s education and awareness efforts complement this focus 

on enforcement. 

U.S. Attorneys’ Offices filed 2,211 indictments in FY 2008 against 2,289 defendants. This represents a 33 percent increase over FY 2006 (1,657 cases filed against 1,760 defendants). 

In FY 2007, the work of the ICAC program, a national network of 59 regional task forces funded by the Department of Justice to investigate computer-facilitated child sexual exploitation, 

resulted in more than 2,350 arrests. 

As of November 2, 2008, a total of 1,742 victims of child pornography crimes have been identified and many rescued, 992 of them since the launch of PSC, through enhanced law enforcement coordination and the efforts of NCMEC. 

Since the inception of PSC, CEOS, in partnership with the FBI, Immigration and Customs 

Enforcement, and the United States Postal Inspection Service, has developed and coordinated 

nine nationwide investigations targeting the production, distribution, receipt and possession of 

child pornography by more than 8,000 individuals residing in the United States. This is in addition to the approximately nine national operations, identifying 4,300 U.S. targets, undertaken 

in the years prior to the launch of PSC. Many of these cases were prosecuted by the United 

States Attorneys’ Offices throughout the nation, often in conjunction with trial attorneys from 

CEOS. 

INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCES 

In 1998, OJJDP recognized the Internet’s dangers and the real risk of technology-facilitated child sexual exploitation, and developed the Internet Crimes Against Children (ICAC) task force program. The 

purpose of ICAC is to help state and local law enforcement agencies acquire the knowledge, equipment 

and personnel resources they need to prevent, investigate and stop sexual crimes against children. 

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There are now 59 ICAC task forces across the country, each composed of federal, state and local law 

enforcement agencies. These ICACs are on the front line addressing computer-facilitated child sexual 

exploitation through aggressive investigations, prosecutions, computer forensics and community outreach. 

Since the program’s inception in 1998, the task forces have reviewed nearly 200,000 complaints, leading to the arrest of almost 11,000 individuals across the country who were intent on sexually abusing 

children. In FY 2007 alone, ICAC investigations led to more than 2,350 arrests and more than 10,500 

forensic examinations. 

ICAC task forces regularly conduct undercover operations across the country to capture individuals 

intending to entice and travel to meet those they think are young, vulnerable children. 

CONTINUED SUPPORT FOR PROJECT SAFE CHILDHOOD EFFORTS 

In FY 2008, state and local law enforcement agencies will receive more than $17 million to combat 

Internet crimes against children. The money is administered by OJJDP in support of the ICAC task 

force program. The ICAC task forces have played a critical role in stopping Internet criminal activity 

targeting children. 

Week-long regional comprehensive training programs were developed and delivered to PSC teams 

throughout the country—bringing the total number of federal, state and local prosecutors and investigators trained to more than 650. In addition, the PSC national training conference took place in 

September 2008 and brought together 1400 attendees. 

The Office of Justice Program’s SMART Office has developed several Web-based tools that are now 

available to all state, local and tribal governments to assist with the implementation of the Adam 

Walsh Act. These tools enhance awareness about the possible presence of sex offenders in local communities and assist law enforcement in their efforts to manage and track sex offenders. 

PROJECT SAFE NEIGHBORHOODS 

In May 2001, President Bush announced Project Safe Neighborhoods (PSN), a comprehensive initiative to 

reduce gun crime in America. By linking federal, state and local law enforcement, prosecutors, and community leaders, PSN has provided a multi-faceted approach to prosecuting and deterring gun crime. In 2006, the 

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Department expanded PSN to include new and enhanced anti-gang efforts. The goal is to use strategies and 

partnerships with state and local law enforcement and communities to shut down violent gangs in America. 

The PSN strategy involves five elements: partnerships, strategic planning, training, outreach and accountability. 

Each U.S. Attorney works side-by-side with local law enforcement and other officials to tailor the PSN strategy to 

fit the unique gun and gang crime problems in that district. Criminals are prosecuted under federal, state or local 

laws, depending on which jurisdiction can provide the most appropriate punishment. PSN task forces engage in 

community outreach and media campaigns to deter gun and gang crime, and deploy grant funds to support effective prosecution and prevention programs. Both at the local and national levels, PSN also ensures that law enforcement officers and prosecutors have the training necessary to make the program work. 

ENFORCING EXISTING GUN LAWS 

Under PSN, the number of federal firearms prosecutions has increased significantly, and defendants earn substantial sentences in federal prison. 

From FY 2001 through FY 2008, the U.S. Attorneys' Offices filed 78,412 cases against 95,080 defendants. That is more than a 100 percent increase over the eight-year period prior to the implementation 

of PSN. 

In FY 2008 alone, the U.S. Attorney’s Offices prosecuted 11,974 defendants for federal gun crimes. The 

conviction rate in FY 2008 for firearm defendants was 92 percent. The percentage of defendants sentenced to prison was more than 92 percent and 75 percent of those offenders received prison terms of 

more than three years. 

DETERRING GUN CRIMES THROUGH PUBLIC EDUCATION & AWARENESS 

Since 2002, the Justice Department, together with the Ad Council and other partners, supported a public service announcement (PSA) campaign that uses the tag line “Gun crimes hit home” and combines a 

strong enforcement message with a deterrence message that focus on the consequences of illegal gun use. 

The campaign consists of several PSA releases: Mothers (2003), Sentenced (2004), Sounds of Gun Crime 

(2006), Time Served (2006) and Babies (2007). Aiming to deter gun crimes from happening in the first 

place, each of these PSAs focuses on the pain that gun crime offenders cause their own families. 

The PSA campaign has received almost $178 million in donated media time. 

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Since 2003, Project ChildSafe, administered by the National Shooting Sports Foundation (NSSF), has 

distributed more than 35 million safety kits to gun owners in all 50 states and five U.S. territories and 

continues to help its law enforcement partners promote firearms safety by providing educational materials and support services. 

The “Don’t Lie for the Other Guy” program was developed by NSSF and ATF to educate federally 

licensed firearms retailers on how to detect and deter potential criminal “straw” purchases. More than 

35,000 federal firearm licensees across the country have received and use the materials in the retailer’s 

kit to educate and train their employees in detecting and avoiding illegal straw purchases. The program 

has been expanded to include a public awareness component to educate citizens that “straw” purchases 

are a serious crime. 

CONTINUED SUPPORT FOR LOCAL PROJECT SAFE NEIGHBORHOODS EFFORTS 

Since 2001, PSN has committed more than $2 billion to federal, state and local efforts to fight gun crime and 

gang violence. These funds have been used to hire new federal, state and local prosecutors, provide training, 

hire research and community outreach support, and develop and promote effective prevention and deterrence 

efforts. The following have occurred since the implementation of PSN: 

More than 200 federal prosecutors have been hired to prosecute gun crime and gun-related cases. 

Approximately $63 million in grant funding was made available to hire more than 550 new state and 

local prosecutors to focus on gun crime. 

Nearly $30 million in grant funding was made available for PSN research and media and outreach 

efforts. 

Approximately $280 million in grant funding has been provided to support local gun and gang crime 

reduction efforts under PSN. 

Nearly $200 million in grant funding has been made available to states and territories to improve the 

quality, timeliness, and accessibility of criminal history and related records for use by federal, state, and 

local law enforcement to support criminal investigations, enable background checks related to licensing, 

employment, firearms purchasing, and identify persons subject to protective orders or wanted, arrested, 

or convicted for stalking and/or domestic violence. 

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The national PSN training and technical assistance partners have trained 53,499 individuals who work 

to make our communities safer in more than 430 nationally-sponsored training events across the nation. 

Local PSN programs have organized training for many thousands more. 

RULE OF LAW: OPERATION IRAQI FREEDOM 

The Department has been actively engaged in Operation Iraqi Freedom since May 2003. During this time, 

DOJ has worked in close partnership with the Government of Iraq (GOI), Multi-National Forces-Iraq (MNF-I) 

and the Department of State supporting efforts to help the people of Iraq achieve a free and democratic state. 

DOJ’s initial function was to assist and advise in the reconstitution of the judicial and law enforcement systems 

in Iraq. Over time, these efforts have expanded, and now more than 200 employee and contractor personnel are 

working with our Iraqi partners to promote freedom and security in a variety of areas, including providing 

advice and training to enable the lasting establishment of the rule of law throughout Iraq. 

DOJ officials are engaging with their Iraqi and American counterparts in a variety of specific projects including 

rebuilding the judicial infrastructure; providing guidance in the investigation and prosecution of major crimes 

and acts of terrorism; providing technical assistance to law enforcement entities; and training justice personnel 

on issues ranging from corrections procedures to international human rights. 

REGIME CRIME PROSECUTIONS 

In May 2004, the Regime Crime Liaison’s Office (RCLO) was created in accordance with NSPD 37 to coordinate support provided by the U.S. to the Iraqi High Tribunal (IHT). Between 2004 and 2008, the RCLO 

supported the establishment and development of the IHT, an Iraqi-run and Iraqi-led court whose mission is to 

investigate and prosecute war crimes, genocide, crimes against humanity and other specified crimes committed 

by members of the former regime between July 17, 1968, and May 1, 2003. During this time, RCLO employed 

up to 140 personnel who served a variety of advisory, security, investigative and support functions, including 

investigative agents from the FBI, DEA, ATF and U.S. Marshals, as well as DOJ prosecutors, military officers 

and foreign nationals. 

RCLO provided substantial assistance to the IHT through the completion of its first two trials: the conviction 

of Saddam Hussein and six others in the Dujayl trial, and the conviction of Ali Hassan al-Majeed (“Chemical 

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Ali”) and four others in the Anfal trial. Assistance included investigative and legal support, forensic expertise, 

judicial and witness security, development of databases for documents, mass grave exhumations and overall 

logistical support. RCLO focused on training, establishing infrastructure, providing legal guidance, and developing a public communications program with the ultimate goal of transitioning out of its support role. RCLO 

has managed the transition of the IHT so effectively that it is now fully run by the Iraqi government, and the 

RCLO dissolved as an entity. Its remaining responsibilities—consultation with the IHT—have merged into the 

Rule of Law Coordinator’s Office. 

RULE OF LAW LEADERSHIP AND STRATEGIC PLANNING 

Rule of Law Coordinator’s Office 

In March 2007, the State Department reorganized all civilian and law enforcement efforts to support the rule 

of law in Iraq under a single authority and named a senior Justice Department official as the Rule of Law (ROL) 

Coordinator in the Embassy. The ROL Coordinator oversees the work of more than 300 personnel under Chief 

of Mission authority, coordinates these activities with MNF-I to ensure a unified effort and serves as an advisor 

to the Ambassador on justice-related issues. In addition, the ROL Coordinator works closely with the Iraqi judiciary and relevant law enforcement institutions (the Ministry of the Interior and the Ministry of Justice) to 

ensure collaboration and cooperation in the reconstitution of essential law enforcement and security institutions 

throughout Iraq. The ROL Coordinator’s Office drafted the Rule of Law Strategic Action Plan (ROLSAP), 

which has enabled planning and prioritizing at both the embassy and provincial levels, coordinated through the 

military and civilian components of the coalition effort. 

Justice Attaché’s Office 

The Justice Attaché is a senior DOJ official who serves as the primary liaison to the Iraqi Higher Judicial Council 

and the Iraqi courts, including the Central Criminal Court of Iraq (CCCI) and the Major Crimes Courts 

throughout the country. The Justice Attaché also is charged with responsibility for overseeing the various DOJ 

components operating in Iraq and for coordinating and advising the Rule of Law Advisors located at the various Provincial Reconstruction Teams throughout the country. The Justice Attaché, working in conjunction with 

the U.S. Senior Advisor to the Ministry of the Interior and the U.S. Marshals Service, has assisted with the 

GOI’s development of a comprehensive judicial protection plan and a professional Division of Judicial Security. 

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LAW ENFORCEMENT 

Major Crimes Task Force 

The Major Crimes Task Force (MCTF) was created in 2006 in response to a rash of high-profile murders, assassinations and acts of sectarian violence throughout Iraq. The task force is an FBI-led investigative and training 

entity overseen by the Legal Attaché (Legat) Office that includes members of DOJ’s four primary law enforcement components: FBI, ATF, DEA and the U.S. Marshals Service. The MCTF’s primary contribution has been 

on-the-job training for Ministry of Interior investigators by providing investigative support and mentoring on 

highly sensitive public corruption, kidnapping, murder and terrorism investigations. As such, U.S. law enforcement agents from all participating components work hand-in-hand with Iraqi investigators, providing training and 

technical assistance to their Iraqi counterparts in conducting investigations of serious crimes. This has included participation in crime scene investigations, analysis of physical evidence, witness and suspect interviews, and other 

related activities. This mission continues as a capacity building operation in which U.S. assets provide advisory and 

mentorship roles to the Iraqi task force members. 

Law and Order Task Force 

In February 2007, DOJ and MNF-I formed the Law and Order Task Force (LAOTF), a joint Iraqi, civilian and 

military capacity building organization. The task force has focused on building essential Iraqi capacity for independent, evidence-based, transparent and evenhanded investigation and trial of major crimes before the CCCI. 

The task force consists of coalition civilian and military attorneys, paralegals and criminal investigators who 

train, mentor and assist Iraqi police and judges to reform, strengthen and expand the rule of law. The LAOTF 

compound also has provided secure housing for judges and a secure courthouse allowing members of the Iraqi 

judiciary to adjudicate cases in a safe environment. 

Federal Bureau of Investigation 

The FBI Legat in Iraq serves as the primary law enforcement liaison to the embassy, MNF-I and the Iraqi Ministry 

of Interior. The Legat office has provided guidance, assistance and expertise on a variety of law enforcement issues, 

including criminal investigations, hostage rescue, counter-intelligence training, biometrics, counterterrorism and public corruption. The FBI’s counterterrorism mission is supported by deployed agents who are embedded with the 

Department of Defense and other intelligence agencies. The counterterrorism agents address the threat from foreign 

fighters who have committed terrorist activities in or related to Iraq, along with Iraqi nationals who are deemed enduring security threats. In 2007, the FBI began supporting the International Contract Corruption Task Force (ICCTF), 

which investigates cases of contract fraud and public corruption related to U.S. government spending in Iraq. 

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Bureau of Alcohol, Tobacco, Firearms and Explosives 

ATF has had an active and ongoing presence in Iraq since 2004 and established the Iraq Attaché office under 

the Rule of Law mission in 2008. The role of ATF in Iraq focuses on providing subject matter expertise support in the areas of explosives, firearms, and arson. ATF has provided independent initiatives as well as actively 

supported the RCLO through investigative assistance; the MCTF through investigative, advisory and mentoring efforts; LAOTF through law enforcement and judicial training programs; and MNF-I through a variety of 

explosives detection, identification and disruption efforts. Specific accomplishments include the following: 

Launched the Firearms Tracing Initiative providing direct support for the tracing of numerous firearms 

recovered in Iraq by MNF-I and law enforcement partners; 

Enabled detection, identification and disruption of explosives and IEDs through ATF Explosives 

Detection K-9 teams and provided post-blast investigation and explosives/ IED-related training to nearly 360 Iraqi police to sustain ongoing efforts; 

Provided ATF Certified Explosives Specialist to the Joint IED Defeat Organization (JIEDDO) Task 

Force to gather human and technological threat intelligence on IED capabilities of insurgent enemy 

forces targeting MNF-I and Iraqi Security Forces; 

Established Combined Explosives Exploitation Cells (CEXC) operation under MNF-I to provide onsite post-blast technical and investigative support and forensics examination and analysis of recovered 

explosives and developed and established an Iraqi-run forensics laboratory system that mirrors the 

proven CECX model in order to continue the exploitation of explosives based incidents. 

Established the Weapons Investigation Cell (WIC), a joint investigative effort with the Defense 

Criminal Investigative Service (DCIS) and the Iraq Ministry of Interior to identify the individuals associated with weapons trafficking of specific U.S. government issued arms that were initially provided to 

the Iraqi Security Forces for homeland security. 

United States Marshals Service 

The U.S. Marshals Service, Special Operations Group (SOG) is an elite tactical team comprised of Deputy 

U.S. Marshals with expertise and specialized training in tactics and weaponry that conducts missions in the 

U.S. and supports missions abroad. Since 2004, 108 SOG members have served in Iraq. Originally, the 

team’s primary mission was providing security, conducting interviews and collecting evidence for the trial of 

former dictator Saddam Hussein and the trials of other high-profile members of his regime. Over time, the 

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role of the SOG grew to include broader training and support and capacity building functions. Its accomplishments include the following: 

Provided security for high-profile detainees awaiting trial, created a Quick Reaction Force for immediate response during IHT trials and implemented the first Iraqi Witness Protection Program; 

Provided safe housing for Iraqi judges, oversaw the creation of a judicial security complex designed to 

protect over 40 members of the Iraqi judiciary and their families, and worked with the Justice Attaché 

to develop a comprehensive judicial protection plan, including creation of the first Division of Judicial 

Security within the Ministry of Interior’s Directorate of Dignitary Protection; 

Managed construction and renovation of CCCI and IHT courthouses, oversaw the installation of modern screening and security equipment in the Iraqi courts, performed threat assessments on more than 

20 court structures in Baghdad and more than 50 courthouses throughout Baghdad, and provided 

advice regarding the transition of security responsibilities to the GOI in the fall of 2008; 

Rendered operational the first functioning CCCI courthouse in Iraq at Rusafa, managed the limited 

access “Green Door” for judges, attorneys, and other officials, and ultimately transitioned security and 

management functions to the GOI; and 

Trained hundreds of Iraqi security and protection personnel, including personal security details (PSDs) 

for Iraqi judges and the uniformed Facility Protection Forces, and transitioned training function to the 

GOI. 

Prosecutorial Training and Assistance 

The Office of Prosecutorial Development and Assistance Training (OPDAT) is managed and primarily staffed by 

DOJ’s Criminal Division. Its primary function in Iraq is to assist the Iraqi justice sector in enhancing sustainable 

institutions built on rule of law principles. OPDAT has provided eight Resident Legal Advisors (RLAs) to 

Provincial Reconstruction Teams throughout the country. The RLAs are having an increasing impact on the 

provincial level. In addition to helping to establish working criminal courts in several provinces, they have formed 

effective working relationships with Iraqi officials and their activities have expanded to a large spectrum of the legal 

system, including bar associations and law schools. Among their accomplishments are the following: 

Facilitated the creation of CCCI panels (referred to as Major Crimes Courts) in Mosul, Tikrit and 

Kirkuk, marking the first successful effort to conduct major terrorism-related prosecutions outside 

Baghdad since 2003; 

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 Terrorism trials commenced in Ninewa Province (Mosul) on August 20 for two weeks and 

resumed again on September 21 for one week, resulting in 35 trials and 18 convictions; 

 The first CCCI panel in Salah ad Din Province (Tikrit) opened on September 9, 2007, facilitated by OPDAT. The RLA successfully lobbied to double the number of investigative judges 

from two to four, to improve the efficiency of case processing and to reduce overcrowding in 

Tikrit’s prisons; 

 The CCCI panel in Kirkuk Province began hearing terrorist, insurgent and corruption cases on 

a weekly basis on October 4, 2007, and the three local judges and senior prosecutor of the 

province have since been able to reintegrate these cases into their regular routine in the Kirkuk 

City Court. 

Supervised the investigation that led to the release of 80 illegally detained Iraqis from the Rusafa 

Detention Facility through 2008; 

Partnered with Chief of Mission and MNF-I efforts to open Rusafa Judicial Complex, which serves as 

a model for modern case processing and will host terrorism and other felony cases; 

Trained more than 600 Iraqi judicial officials in courses including human rights law, the role of scientific evidence and the special challenges presented by the prosecution of insurgency and terrorism cases; 

Coordinated and designed curricula for courses presented to 622 Iraqi investigators and police trainers 

relating to Iraqi criminal law and the gathering and preservation of evidence. 

Police, Anticorruption, and Corrections Training and Assistance 

The Department’s Criminal Division staffs the International Criminal Investigative Training Assistance 

Program (ICITAP), which works with foreign governments to develop professional and transparent law 

enforcement institutions that protect human rights, combat corruption and reduce the threat of transnational 

crime and terrorism. Since 2003, ICITAP has worked in close partnership with the GOI, the Civilian Police 

Assistance Training Team (CPATT) under MNF-I, and the State Department’s Bureau for International 

Narcotics and Law Enforcement Affairs (INL) to support the development and sustainability of a free and 

functioning Iraqi justice system in the following ways: 

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Police Training and Assistance 

ICITAP’s efforts in Iraq, in coordination with its coalition partners, have created the largest international police 

training program ever undertaken. As a component of the CPATT, ICITAP personnel have accomplished the 

following: 

Trained more than 265,585 Iraqi police in courses developed and/or delivered by ICITAP, CPATT and 

ICITAP-trained Iraqi instructors, with more than 35,000 Iraqi police participating in specialized and 

advanced training; 

Provided training, in conjunction with CPATT, to the Iraq Police Service for planning and adequate 

security during the December 2005 elections and the October 2005 referendum, resulting in international recognition for the effectiveness of Iraqi police in successfully securing polling stations; 

Jointly (with CPATT) founded and, through July 2007, placed senior advisors and trainers at the 

Baghdad Police, the Irbil Police College, and 11 regional basic training facilities throughout Iraq. 

Anti-Corruption Training and Assistance 

The Iraq Commission of Integrity (COI), formerly the Commission on Public Integrity, was established as an 

independent, autonomous governmental body whose mission is to prevent and investigate corruption and promote transparency and the rule of law throughout Iraq. Significant accomplishments include the following: 

Trained and rendered operational 179 Anti-Corruption Unit (ACU) investigators and 162 Special 

Investigative Unit (SIU) investigators who have been given responsibility for 6,190 public corruption 

cases and provide protection for public officials who cooperate with the investigations; 

Trained more than 203 Facilities Protection Service (FPS) guards and 99 personal security detail (PSD) 

officers; 

Assisted with the referral of more than 2,371 cases to the CCCI for prosecutorial opinion. 

Correctional Training and Assistance 

The Iraq Corrections Service (ICS) Development Program has led the U.S. government’s efforts to develop and 

train personnel critical to a modern Iraqi corrections system. The ICS has accomplished the following: 

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Graduated more than 10,300 corrections officers from ICITAP-established training programs, who are 

focused on teaching human rights and international standards and practices in the operation of a 

nationwide corrections system; 

Led the ICS in developing a centralized national organization; 

Adopted the United Nations Standard for the Ethical Treatment of Prisoners to assist the ICS with the 

development of 45 Director General orders, the first of which was distributed on April 9, 2006; 

Established a comprehensive field training and leadership development program for all ICS executives 

and employees; 

Launched the Iraq Prison Assessment Rating Tool (I-PART) in December 2006 to measure capacity 

building according to 77 customized international prison treatment standards; 

Successfully built indigenous training capacity within the ICS, and subsequently provided instructor 

development courses to Iraqi instructors who, in turn, provide advanced training in system prison management, weapons, emergency response team, transportation, personal security detail, and biometrics to 

Iraqi and Kurdish Corrections Officers; 

Assisted ICS personnel in developing and implementing a records review system that has become a standard operating procedure and has proven essential in the timely review of detainee cases. 

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COMMUNITY ORIENTED POLICING SERVICES 

The mission of the COPS Office is to advance the practice of community policing as an effective strategy to 

improve public safety. COPS awards grants to tribal, state and local law enforcement agencies to hire and train 

community policing professionals, acquire and deploy crime-fighting technologies, and develop and test innovative policing strategies. 

COPS Office funding provides training and technical assistance to advance community policing at all levels of 

law enforcement, from line officers to law enforcement executives, as well as others in the criminal justice field. 

Because community policing is inclusive, COPS Office training also reaches state and local government leaders 

and the citizens they serve. 

Since 1995, the COPS Office has invested $12.4 billion to help law enforcement advance the practice of community policing, and has enabled more than 13,000 agencies to hire more than 117,000 police officers and 

deputies. Our online Resource Information Center (RIC) offers publications, DVDs, CDs and training materials on a wide range of law enforcement concerns and community policing topics. 

To date, we have distributed more than 1.1 million of these knowledge resources. Through this broad range of 

programs, the COPS Office offers support in virtually every aspect of law enforcement, making American safer, 

one neighborhood at a time. 

FAST FACTS: 

2001 

COPS supported the NYPD and Arlington County, Va., police following the 9/11 terror attacks. The 

NYPD was awarded a $10 million emergency assistance grant, and Arlington received a $625,000 grant 

to add crime-fighting technology systems. 

COPS convened law enforcement executives from the nation’s largest cities to consider the priorities for 

the field in a post 9/11 era and to discuss lessons learned. 

2002 

COPS awarded more than $70 million through the Methamphetamine Program. COPS 

Methamphetamine Initiative grants can be used to help communities combat the manufacture, use and 

distribution of meth, and to collaborate with other entities in the prevention and treatment of meth 

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abuse. The COPS Methamphetamine Training and Technical Assistance program supports the efforts 

of training and technical assistance providers to develop a more informed and engaged community with 

regard to reducing meth use and abuse. 

COPS announced $128 million in grants that allow 367 agencies to hire 1750 community policing professionals. 

2003 

COPS launched the Homeland Security Overtime Program (HSOP) and awarded $59.6 million to 294 

law enforcement agencies throughout the U.S. 

The Interoperable Communications Technology Program was established by COPS. Through this program COPS awarded $66.5 million to 14 communities to develop integrated communication networks 

among emergency response agencies within the same metropolitan area. 

COPS announced $178 million in grants to 364 agencies to hire 2,334 community policing officers. 

COPS announced more than $41 million in COPS in Schools grants. These grants support 152 law 

enforcement agencies in the hiring and training of 348 school resource officers. 

2004 

COPS awarded $47.2 million in grants through the Universal Hiring Program to be used by local police 

and sheriff's departments to hire additional officers. The grants were awarded to 178 law enforcement 

agencies and were used to hire 905 community policing officers. 

COPS allocated $4.6 million in funding for 19 jurisdictions to combat methamphetamine. The funds 

were awarded under COPS Methamphetamine Training Initiative. 

More than $82 million was awarded to 23 communities in 17 states to develop interoperable communication networks. 

COPS awarded $24 million to 114 tribal law enforcement agencies in 24 states under the Tribal 

Resources Grant Program (TRGP). 

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2005 

COPS awarded more than $193 million to support tribal law enforcement agencies and community 

court initiatives. 

COPS announced $10.2 million to fund the hiring of 65 community policing officers and 44 school 

resource officers. 

COPS awarded $14.7 million in grants to 187 local law enforcement agencies through the Secure Our 

Schools program. 

COPS announced $92.7 million in grants to 26 law enforcement agencies to develop interoperable data 

and voice communication networks. 

2006 

COPS announced $14.8 million in grants to 174 local law enforcement agencies to enhance school safety. 

COPS awarded more than $12 million in grants to support tribal law enforcement initiatives. 

COPS announced $8.8 million to enhance interoperable data and voice communication networks. 

2007 

COPS announced $49.5 million in grants to fight methamphetamine.
 

COPS awarded $159 million to establish integrated voice and data communication networks in 37 metropolitan statistical areas from 25 states and one U.S. territory.
 

COPS announced $14.7 million in support of tribal law enforcement initiatives.
 

COPS awarded $14.8 million in grants to 152 local law enforcement agencies to enhance school safety.
 

COPS distributed its millionth technical assistance publication to the law enforcement field. 


2008 

COPS established the Child Sexual Predator program and announced $9.9 million in grants to support 

partnerships between state or local government agencies and their United States Attorney's Office to 

focus on reducing child endangerment. The funds were awarded to 23 state and local agencies and will 

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help officials locate, arrest and prosecute child sexual predators, and enforce state sex offender registration laws. 

COPS announced grants totaling $14.9 million to 80 tribal police departments and governments in 22 

states. The funds support tribal law enforcement efforts to reduce crime and disorder, and to enhance 

the services that they provide. 

Awarded $19.8 million in grants to fund the hiring of 269 law enforcement officers by 62 law enforcement agencies from 32 states and Puerto Rico. 

Announced $14.4 million in grants to 143 local law enforcement agencies and municipalities to 

enhance school safety in 34 states. 

School Safety & Campus Safety 

The COPS Office is committed to supporting the efforts of America’s schools and colleges to create the safest 

possible environment for learning. 

COPS in Schools 

Since Fiscal Year (FY) 2001, the COPS Office has awarded $406.3 million in grants to fund the hiring of 

3,487 full-time and 32 part-time School Resource Officers (SRO) through the COPS In Schools Program. 

This program encourages the use of community policing strategies to prevent school violence and implement 

programs to improve student and school safety. In addition to providing the funding needed to hire SROs, 

COPS also provides comprehensive school safety training for the SRO and an administrator from the school 

at which they work. 

Secure Our Schools 

Beginning in FY 2002, the COPS Office implemented the Secure our Schools (SOS) program to support joint 

efforts by educators and law enforcement to establish and enhance a variety of school safety equipment or programs. COPS has awarded $67.1 million under SOS to defray local expenses for security measures such as the 

placement and use of metal detectors, locks, lighting, and other deterrent measures; security assessments; security training; and other measures intended to significantly increase the school's security. 

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Campus Safety 

COPS has worked to ensure that community policing practices are introduced to campus law enforcement executives and implemented within their departments. COPS provided funding to the Mid Atlantic Regional 

Community Policing Institute to convene the National Summit on Campus Safety in November 2004. During 

the Summit, three points of focus were identified to ensure enhanced safety on America’s campuses, which have 

been adopted by the International Association of Campus Law Enforcement Officials. 

Homeland Security 

COPS is deeply involved in supporting law enforcement and their partners through partnerships with federal 

government agencies and other organizations, grants and funding, training, publications, community policing 

programs and conferences. 

Executive Sessions 

COPS provided funding to the Police Executive Research Forum (PERF) to conduct a project entitled 

Community Policing in a Security Conscious World. The project included five executive sessions in which law 

enforcement leaders explored, debated and exchanged information on providing community policing services 

in a security conscious world. The five sessions were: Improving Federal-Local Partnerships; Working with 

Diverse Communities; Bioterrorism; Intelligence and Homeland Security. 

Homeland Security Overtime Program 

The HSOP initiative was developed by the COPS Office to supplement officer overtime salaries resulting from 

the increased need for local law enforcement to provide additional protection to sensitive and vulnerable sites 

under their jurisdiction while losing staff to military reserve unit activations. 

Interoperable Communications Grant 

COPS interoperable communications grants provide funding to law enforcement agencies to establish or 

enhance voice and data communication networks that are shared by emergency service personnel from different jurisdictions and disciplines within a given metropolitan statistical area. The grants offset the cost of 

purchasing voice and data communications equipment, building communication infrastructures and project 

management. Between 2003 and 2006 COPS awarded $246 million in funding to 62 metropolitan areas 

through this program. 

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State and Local Anti-Terrorism Training (SLATT) 

As a result of a partnership between COPS, the FBI and the Bureau of Justice Statistics, the Regional 

Community Policing Institutes (RCPI) began offering SLATT training in conjunction with local FBI field 

offices. In these classes, the FBI and RCPI trainers teach counterterrorism and officer safety strategies to state, 

local and tribal law enforcement personnel. Together COPS and the FBI have trained more than 5,000 law 

enforcement officers. Several RCPIs also adapted the SLATT curriculum to train citizens in aspects of counterterrorism awareness. 

Grant Funding Totals 2001-2008 

COPS in Schools 

Funding to Hire School Resource Officers; $406.3 million 

Child Sexual Predator Program 

Funding to reduce child sexual victimization; $9.9 million 

Integrity Program 

Grants to fund police integrity initiatives; $67.5 million 

Making Officer Redeployment Effective 

Grants to purchase crime-fighting technology systems; $136.7 million 

Methamphetamine 

Funding to combat meth and provide training on meth; $7.2 million 

Secure Our Schools 

Funding to purchase safety equipment in schools; $67.1 million 

Tribal 

Funding to support tribal law enforcement agencies; $176.4 million 

Universal Hiring Grant Program 

Grants to hire community policing officers; $514.1 million 

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COMMUNITY RELATIONS SERVICE
 

� The Community Relations Service (CRS) is the Department’s “peacemaker” for community conflicts 

and tensions arising from issues of race, color or national origin. 

� Established by the Civil Rights Act of 1964, the Community Relations Service’s goal is to assist communities across the United States in restoring stability following racial discord. CRS facilitates the 

development of viable, mutual understandings and agreements as alternatives to coercion, violence or 

litigation. It also assists communities in developing local mechanisms for addressing racial conflict, 

conducting training and engaging in other measures to prevent or reduce racial and ethnic tension in 

the country. 

� CRS is an impartial agency that does not take sides among disputing parties and that applies skills that 

allow parties to reach amicable agreements. In performing this mission, CRS deploys professional 

conciliators, who are able to facilitate discussions and develop solutions to various racial or ethnic community disputes. 

� From 2001 through 2008, CRS responded to thousands of incidents. Several highlights are: 

� Since 9/11, CRS has played a crucial part in responding to tension and conflicts related to 

allegations of disparate and discriminatory treatment faced by Arab, Muslim, and Sikh communities in the United States. CRS provides racial profiling educational training to law 

enforcement officials to prevent future misunderstandings or mistreatment, works with these 

communities to understand areas of concern and offers mediation services when conflicts 

associated with race, color and national origin arise. 

� Following Hurricane Katrina, CRS provided technical assistance with respect to addressing 

racial conflicts that could and were inhibiting the successful and efficient delivery of disaster 

relief services by FEMA and other organizations. 

� Following events in Jena, La., associated with the hanging of nooses at a local high school and 

altercations between white and black students in Jena, CRS facilitated discussions, community 

dialogues and self-marshalling training to ensure that the largest civil rights demonstration and 

march since the 1960s proceeded peacefully and without any arrests. A spate of incidents across 

the United States involving the hanging of nooses occurred in the aftermath of the Jena demonstrations, resulting in CRS instituting a Noose Incident Response Team to respond to tensions 

that often result when a noose (or other symbol of racial significance) appears in a community. 

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EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 

� The Executive Office for Immigration Review’s (EOIR) accomplishments for the last eight years 

includes implementing nearly all of the improvement measures initiated in 2006, such as expanding 

training and resource measures for immigration judges, Board of Immigration Appeals members and 

legal staff; implementing annual performance evaluations for Board members; and creating the new 

position of Assistant Chief Immigration Judge for Conduct and Professionalism. Additionally, a new 

hiring process was instituted for selecting immigration judges and Board members to ensure that politics plays no role in the process and that the most qualified people are selected for those jobs. 

� The Board has increased the number of precedential decisions it issues and has expanded in size from 

11 to 15 members. A Chairman and Vice Chairman for the Board also were recently appointed. 

� EOIR opened new immigration courts in Salt Lake City; Cleveland; Kansas City, Mo.; Omaha, Neb; 

and Charlotte, N.C. It also began nationwide implementation of a digital audio recording (DAR) system in the court rooms; and expanded its Legal Orientation Program to 22 sites. 

JUSTICE MANAGEMENT DIVISION 

The Justice Management Division supports the Department’s mission by providing administrative services and 

setting policy on a variety of administrative matters affecting the operations of the Department. 

Unprecedented Security and Emergency Planning 

In the area of security and emergency planning, JMD worked to comply with the mandates of the Intelligence 

Reform and Terrorism Prevention Act by adjudicating 80 percent of NSI background investigations within 

30 days; adjudicating 100 percent NSI background investigations submitted electronically; and reducing 

background investigation rejection rates to less than five percent. JMD also led the Department in complying with the requirements of executive order 12958, which required that all classified records 25 years or older 

determined to have permanent historical value be reviewed, declassified, referred or exempted. The 

Department successfully met the declassification requirements for nearly 11 million documents. JMD also 

worked to ensure that Department components had continuity of operation program (COOP) plans in place 

to ensure that all essential functions are carried out during an emergency. 

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Providing Sound Financial Management 

JMD led the effort to strengthen the Department’s financial management. The Department received an unqualified auditor’s opinion on financial statements for the last four years. JMD also planned and began implementation of a single financial system to replace the seven individual systems operating across the Department. The 

pilot component began operating in October 2007, and the first major component, the Drug Enforcement 

Administration, will commence operation in January 2009. The Department’s internal control program was 

strengthened through the establishment of a departmental office to focus on internal controls. The effort was 

recognized by the inspector general as a contributor to the improved financial reporting in the Department. 

Advanced Information Technology 

The Department’s information technology (IT) strategic direction changed from a highly decentralized infrastructure with numerous systems toward key elements of a common infrastructure with centralized services and 

projects. JMD developed and initiated the Law Enforcement Information Sharing Program to provide a framework for sharing information between federal, state and local agencies. JMD also developed and implemented 

a comprehensive cyber security program that improved the Department’s overall performance in IT security. 

Providing State of the Art Legal Resources 

JMD launched a virtual library Web site on DOJNet to serve as the library’s gateway to the library catalog, electronic subscriptions and databases, providing online access to more than 2,000 law journals, periodicals, news 

sources and congressional materials. JMD digitized many of the library’s paper legislative histories, creating electronic histories that are available and searchable through the DOJNet’s virtual library. 

Providing Effective Human Capital Policy and Program Accountability 

JMD continued to develop policies and programs to ensure that the Department’s workforce is comprised of 

talented and diverse men and women to carry out the Department’s mission and accomplish its strategic 

goals. A new 2007-2012 Department of Justice Human Capital Strategic Plan was developed to guide the 

Department’s human capital policies and programs and facilitate a culture of collaboration and accountability. The plan focused on strategies for recruiting, developing and retaining a highly skilled workforce. To assist 

with the Department’s succession planning program, JMD established a department-wide Leadership 

Excellence and Achievement Program (LEAP), a mid-level leadership development program, and has now 

conducted two successful classes. A learning and development program was established, including a focus on 

ensuring department-wide online learning with the deployment of “learnDOJ.” 

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The Department’s Equal Employment Opportunity (EEO) community collaborated to develop the Department’s first EEO Strategic Plan to support the Department in ensuring a workplace that values the principles 

of equity, fairness and diversity. 

Effectively Managing Real Property 

In accordance with the President’s Management Agenda, the Department worked to manage its portfolio of real 

property assets to ensure it is the right size, in the right condition and operating at the right cost. Through JMD’s 

leadership, the Department achieved a “green” in status for the real property initiative in FY 2007, one of only 

six federal agencies receiving this rating at the time. JMD led the renovation of the Robert F. Kennedy Main 

Justice building, a multi-year project. To make the best use of Department space, a plan was developed and 

implemented to consolidate offices in the national capital region. This effort includes planning for a new 

Department building, which is being designed to achieve a “gold” Leadership in Environmental and Energy 

Design (LEED) rating. 

Establishing a New Records Management Office 

To ensure electronic and paper records are preserved, JMD established a records management office to provide 

support and comprehensive guidance to the Department’s components. 

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NATIONAL DRUG INTELLIGENCE CENTER
 

� NDIC provided assistance to the Terrorist Financing Operations Section of the FBI through the analysis of over 75,000 subpoenaed financial documents resulting in the development of over 400 intelligence 

products related to the terrorist attacks on September 11, 2001 (November 2001). 

� NDIC provided an internally developed software program that allowed the Multi-National Forces in 

Iraq to effectively and expeditiously exploit information from media devices that has been credited with 

“significantly assisting in the prosecution of detainees and the identification of possible insurgents.” 

(June 2007). 

� NDIC received a National Marijuana Eradication award from the Office of National Drug Control 

Policy (January 2008). 

� U.S. Attorney General Michael B. Mukasey presented NDIC with the Department of Justice’s award 

for outstanding administrative and managerial excellence which significantly improved operations, productivity, or reduced costs (October 2008). 
VI. Administrative, Policy and Other Accomplishments
 

OFFICE OF FEDERAL DETENTION TRUSTEE 

� Developed and implemented a comprehensive National Detention Strategy to address the nation’s 

increasing detention needs. 

� Developed and deployed eDesignate, a secure technology that enabled re-engineering of the designation 

business process to accelerate commitment of federal prisoners to Bureau of Prison facilities. In 35 initial 

districts, eDesignate reduced detention time for sentenced prisoners awaiting designation by seven days 

(from 42 to 35 days) with a cost avoidance of more than $16.4 Million. All 94 districts and D.C Superior 

Court are now using eDesignate, processing more than 75,000 designations this year. 

� Developed and implemented the Quality Assurance Program, a comprehensive program designed to 

effectively provide oversight of detention facilities ensuring they operate in a safe, secure and humane 

manner, while also making sure private detention facilities adhere to strict performance based objectives. 

� Developed cost-effective long-term contracts with private vendors leveraging economies of scale to 

achieve the best value for the government in detention contracts. 

OFFICE OF INFORMATION AND POLICY 

The mission of the Office of Information and Privacy (OIP) is to encourage agency compliance with the 

Freedom of Information Act (FOIA). The FOIA was amended for the first time in more than a decade on 

December 31, 2007, with passage of the OPEN Government Act of 2007. Those FOIA amendments, in turn, 

codified several provisions of Executive Order 13392, entitled “Improving Agency Disclosure of Information,” 

which was the first executive order to address the FOIA. OIP was responsible for providing comprehensive guidance to all government agencies on implementing these two critical provisions. 

EXTENSIVE GUIDANCE TO AGENCIES ON NEW FOIA AMENDMENTS 

With passage of the OPEN Government Act, OIP initiated a series of measures designed to ensure that the new 

statutory provisions were fully understood and implemented by all government agencies. Highlights include: 

� Immediately publishing a comprehensive summary of the new statutory provisions on OIP’s online 

publication FOIA Post and holding a training seminar on the new amendments that was attended by 

more than 500 government personnel. 

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� Conducting numerous follow-up training seminars, including programs that included attendees from 

the FOIA requester community, the press and other private sector groups. 

� Issuing new guidelines for agencies to follow in submitting their agency Annual FOIA Reports, incorporating all the new data required by the FOIA amendments and also, for the first time, requiring agencies to report on any backlogs of FOIA requests and administrative appeals and to give comparisons of 

those backlogs from year to year, thus providing for greater transparency. 

� Issuing extensive written guidance on the FOIA amendments, addressing treatment of records held by 

agency contractors; proper segregation of documents; tracking of requests; limits on tolling the FOIA’s 

time period; limits on assessing certain fees; and the new requirement to route misdirected FOIA 

requests. 

LEAD ROLE IN IMPLEMENTING FOIA EXECUTIVE ORDER 

OIP, in conjunction with the Office of Management and Budget, assumed the lead role in implementing the 

President’s executive order on the FOIA. The executive order directed agencies to ensure that their FOIA operations were citizen centered and results oriented. Each agency was required to conduct a review of its FOIA 

operations and to develop a plan for improvement, with concrete milestones and goals. In addition, each agency 

was required to name a chief FOIA officer, establish FOIA requester service centers and designate officials as 

FOIA public liaisons. OIP provided guidance to agencies throughout the implementation period. Highlights 

include: 

� Conducting multiple conferences for agency chief FOIA officers and FOIA public liaisons, emphasizing 

the key roles these officials play in improving agency FOIA operations and particularly, in communicating 

with FOIA requesters on the status of their requests. 

� Providing both formal and informal training to agencies on a wide range of issues connected with the executive order’s implementation, including identification of areas that could be considered for improvement. 

� Emphasizing the importance of the executive order’s focus on reducing the backlog of FOIA requests 

by establishing the additional requirements that agencies create public backlog reduction goals through 

FY 2001 and, where needed, create plans with specific steps to reduce existing backlogs. 

� Leading a government-wide initiative to use technology to improve agency FOIA operations, conducting specialized training on FOIA Web site improvement and working with agencies to certify that all 

FOIA electronic reading rooms are properly maintained. 

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OFFICE OF LEGISLATIVE AFFAIRS AND 

OFFICE OF LEGAL POLICY 

LEGISLATIVE ACCOMPLISHMENTS 

The USA PATRIOT Act (10/29/01) 

Passed by Congress with strong bipartisan margins, the Act provided law enforcement officials with new tools 

to detect and prevent terrorism by allowing investigators to use the tools that were already available to investigate organized crime and drug trafficking; facilitated information sharing and cooperation among government 

agencies so that they can better “connect the dots”; updated the law to reflect new technologies and new threats; 

and increased the penalties for those who commit terrorist crimes. 

The Homeland Security Act of 2002 (11/25/02) 

Created the Department of Homeland Security and enacted other reforms to protect the United States more 

effectively from terrorism and other threats. This legislation also included the Safe Explosives Act, which restricts 

the availability of explosives to felons and other people prohibited from possessing explosives, strengthens licensing and permitting requirements, and aids in the fight against terrorism. This legislation amended Title XI of 

the Organized Crime Control Act of 1970. 

The PROTECT Act of 2003 (4/30/03) 

Comprehensively strengthened law enforcement’s ability to prevent, investigate, and punish child exploitation 

crimes. It established a national AMBER Alert Program; abolished the statute of limitations for crimes involving 

the abduction or physical or sexual abuse of a child; made it more difficult for defendants accused of serious 

crimes against children to obtain pretrial release; facilitated the prosecution of those who travel abroad to prey on 

children; and increased penalties for child exploitation offenses. Additionally, it expanded definitions in the “crack 

house” statute, 21 USC 856, in a manner allowing prosecution of MDMA “rave” parties, resulting in the prosecution of “rave” sponsors. 

The Anabolic Steroid Control Act of 2004 (10/22/04) 

Provided DEA two important tools for shutting down the illegal steroid trade. First, it provided clear authority 

to conduct law enforcement operations against the trafficking of steroid precursors, as well as other steroids, 

including the designer steroid THG. Prior to the bill's passage, these steroids masqueraded as harmless dietary 

supplements. Second, the legislation removed an enormous legal stumbling block to taking these steroids off the 

shelf by eliminating the requirement to prove muscle growth to schedule a new steroid. 

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The Justice for All Act of 2004 (10/30/04) 

Included provisions establishing federal crime victims' rights and improving DNA testing. 

The Intelligence Reform and Terrorism Prevention Act of 2004 (12/17/04) 

Created the position of Director of National Intelligence to lead a unified intelligence community and to serve 

as the principal adviser to the President on intelligence matters. Additionally, the legislation required the 

President to establish an Information Sharing Environment to improve the sharing of terrorism-related information among federal, state, local and tribal entities and the private sector. 

The Trafficking Victims Protection Reauthorization Act of 2003 (12/19/03); Trafficking Victims Protection 

Reauthorization Act of 2005 (1/10/06) 

Reauthorized and strengthened the Trafficking Victims Protection Act of 2000, which was enacted to combat 

trafficking in persons for purposes of involuntary servitude, debt bondage and slavery. 

The USA PATRIOT Improvement and Reauthorization Act of 2005 (3/9/06) 

Allowed intelligence and law enforcement officials to continue to share information and to use the same tools 

against terrorists that are used against drug dealers and other criminals; improved the nation's security while 

safeguarding civil liberties; strengthened the Justice Department so it can better detect and disrupt terrorist 

threats; and gave law enforcement officials new tools to combat threats. 

The Combat Methamphetamine Epidemic Act of 2005 (Title VII of the USA PATRIOT Improvement and Reauthorization 

Act of 2005) (3/9/06) 

Regulated retail over-the-counter sales of ephedrine, pseudoephedrine and phenylpropanolamine products. 

Retail provisions of the CMEA include daily sales limits and 30-day purchase limits; placement of product out 

of direct customer access; sales logbooks; customer ID verification; employee training; and self-certification of 

regulated sellers. These provisions are essential to combat methamphetamine production and trafficking. 

The Adam Walsh Child Protection and Safety Act of 2006 (7/27/06) 

Set new national standards for the sex offender registry programs of states and other jurisdictions; strengthened 

interjurisdictional coordination and information sharing to help prevent sex offenders from evading registration 

requirements; and made information concerning released sex offenders more readily available to the public. It 

also increased penalties for child exploitation crimes and provided for the civil commitment of sexually dangerous people. Finally, this legislation authorized new regional Internet Crimes Against Children task forces that 

will provide funding and training to help state and local law enforcement combat online child sexual exploitation crimes. 

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The Protect America Act (8/5/07) 

Modernized the Foreign Intelligence Surveillance Act (FISA) by providing the intelligence community with 

essential tools to acquire important information about terrorists who want to harm America. Although some of 

the necessary tools provided under the Act expired on Feb. 16, 2008, the FISA Amendments Act of 2008 (see 

below) provided a more permanent solution. 

The NICS Improvement Amendments Act of 2007 (1/8/08) 

The NICS Improvement Act amends the Brady Handgun Violence Prevention Act of 1993 (Brady Act), under 

which the Attorney General established the National Instant Criminal Background Check System (NICS). The 

Brady Act requires federal firearms licensees to contact the NICS before transferring a firearm to an unlicensed 

person for information on whether the proposed transferee is prohibited from receiving or possessing a firearm 

under state or federal law. The NICS Improvement Act provides the opportunity for financial incentives for 

state agencies to make prohibiting information available to NICS. It also provides a process through which persons prohibited from possessing firearms as a result of certain mental health commitments or adjudications can 

have their firearms rights restored. 

The Second Chance Act (4/10/08) 

Will help transform lives and build safer communities by helping prisoners who are returning to society break 

cycles of crime and start new lives. The legislation formally authorizes key elements of the successful Prisoner 

Reentry Initiative, announced by the President in 2004, to help prisoners effectively reintegrate into the community. Additionally, the Second Chance Act enhances drug treatment, mentoring and transitional services for 

ex-offenders through partnerships with local corrections agencies and faith-based and community organizations. 

The FISA Amendments Act of 2008 (7/10/08) 

Ensures that intelligence community professionals have the tools they need to protect the country and protects 

those companies whose assistance is necessary to protect the country. 

The Effective Child Pornography Prosecution Act of 2007 (10/8/08) 

Expands jurisdictional bases in federal child pornography statutes to include conduct “in or affecting interstate 

commerce;” and expands federal child pornography statutes to criminalize knowingly accessing child pornography with the intent to view it. 

The PROTECT Our Children Act of 2008 (10/13/08) 

Requires the Attorney General to create and implement a National Strategy for Child Exploitation Prevention 

and Interdiction; legislatively establishes the existing ICAC task force program; expands federal child pornograACCOMPLISHMENTS OF THE U.S. DEPARTMENT OF JUSTICE 

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phy statutes to cover web cam images that are not stored in permanent format; and strengthens ISP reporting 

requirements concerning child pornography. 

The Keeping the Internet Devoid of Sexual Predators Act of 2008 (10/13/08) 

Amends sex offender registration requirements to cover online identifiers used by registered sex offenders to 

communicate online. 

The Ryan Haight Online Pharmacy Consumer Protection Act (10/15/08) 

Updates the Controlled Substances Act in several crucial respects: it requires that at least one in-person examination have occurred in order for a controlled substance prescription filled over the Internet to be considered 

valid; it creates a registration system for Internet pharmacies; and it increases penalties for trafficking controlledsubstance prescription drugs. 

William Wilberforce Trafficking Victims Protection Reauthorization Act (12/23/08) 

Reauthorizes the Trafficking Victims Protection Act of 2000, expands authorities to prosecute financiers, 

enforcers, and conspirators involved in trafficking rings, broadens the reach of the sex trafficking statute as it 

pertains to the crime of sex trafficking by force, fraud, or coercion by easing the mens rea requirement to include 

reckless disregard as well as knowledge, broadens the reach of the crime of sex trafficking of minors by eliminating the knowledge-of-age requirement in certain instances, expands authority to detain defendants charged 

with trafficking offenses pending trial, and creates a new crime imposing criminal liability on those who, knowingly and with intent to defraud, recruit workers from outside the United States for employment within the 

United States by means of materially false or fraudulent representations. 

REGULATORY ACCOMPLISHMENTS 

Note: On March 1, 2003, under the Homeland Security Act of 2002 (HSA), the responsibility for immigration enforcement and for providing immigration-related services and benefits such as naturalization and work 

authorization was transferred from the Justice Department’s Immigration and Naturalization Service (INS) to 

the Department of Homeland Security (DHS). However, immigration judges and the Board of Immigration 

Appeals in the Executive Office for Immigration Review (EOIR) remain part of the Department of Justice. The 

immigration judges adjudicate approximately 300,000 cases each year to determine whether aliens should be 

ordered removed or should be granted some form of relief from removal. Accordingly, the Attorney General has 

a continuing role in the conduct of removal hearings, the granting of relief from removal and the detention or 

release of aliens pending completion of removal proceedings. The Attorney General also is responsible for civil 

litigation and criminal prosecutions relating to the immigration laws. 

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September 11th Victim Compensation Fund of 2001 (interim rule 66 FR 66274, 12/21/01; final rule 67 FR 11233, 

3/13/02) 

Authorized compensation to any individual (or the personal representative of a deceased individual) who was 

physically injured or killed as a result of the terrorist-related aircraft crashes on that day. The Department implemented this Act by an interim rule, and then provided clarifications and other changes in a final rule. 

Establishment of Minimum Safety and Security Standards for Private Companies That Transport Violent Prisoners 

(67 FR 78699, 12/26/02) 

In the Interstate Transportation of Dangerous Criminals Act of 2000, Congress instructed the Department of 

Justice to promulgate regulations providing minimum safety and security standards for private companies that 

transport violent prisoners on behalf of State and local jurisdictions. 

Screening of Aliens and Other Designated Individuals Seeking Flight Training (final rule 68 FR 7313, 2/13/03) 

Congress enacted the “Aviation and Transportation Security Act” (Pub. L. 107-71) to enhance air safety by prohibiting certain flight schools from training aliens without the prior notification of the Attorney General. 

Relevant components of the Department—including FBI, INS (now DHS) and the Foreign Terrorist Tracking 

Task Force—consulted with the FAA and representatives of the aviation industry to coordinate the Department’s implementation of the resulting background check program. Two temporary Federal Register notices 

were published (on January 16, 2002, and on February 8, 2002) to provide relief for flight schools who were 

prohibited from furnishing recurrent training to aliens who were pilots in order to relieve the financial burden 

imposed by the Act on the aviation industry. The Department published a final rule on February 13, 2003, to 

implement notification procedures for all prospective alien pilots. Responsibility for this program was transferred to DHS on September 20, 2004. 

Implementation of the Safe Explosives Act (68 FR 13768, 3/20/03) 

Implements provisions of the Safe Explosives Act. This interim rule requires that all persons receiving explosives 

on and after May 24, 2003, obtain a federal license or permit and creates a new type of “limited” permit. 

Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of All Justice 

Department Program Participants (69 FR 2832, 1/21/04) 

Implements executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or “faith-based”) organizations should be able to compete on an equal footing with other 

organizations for the Department’s funding. 

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Regulations Under the DNA Analysis Backlog Elimination Act of 2000 (68 FR 74855, 12/29/03); DNA Sample 

Collection from Federal Offenders Under the Justice for All Act of 2004 (1/31/05) 

Implement section 3 and related provisions of the DNA Analysis Backlog Elimination Act of 2000, as amended by the USA PATRIOT Act and the Justice for All Act of 2004. These rules specify the federal offenses that 

are treated as qualifying offenses for purposes of collecting DNA samples from federal offenders, set forth the 

responsibilities of the Federal Bureau of Prisons for collecting DNA samples from individuals in its custody, and 

set forth related responsibilities of the FBI for analyzing and indexing DNA samples. 

Inspection of Records Relating to Depiction of Sexually Explicit Performances (70 FR 29607, 5/24/05) 

Amends the record-keeping and inspection requirements of 28 CFR part 75 to bring the regulations up to date 

with current law, to improve understanding of the regulatory system, and to make the inspection process effective for the purposes set by Congress in enacting the Child Protection and Obscenity Enforcement Act of 1988, 

as amended, relating to the sexual exploitation and other abuse of children. 

Identification Markings Placed on Imported Explosive Materials and Miscellaneous Amendments (70 FR 30626, 

5/27/05) 

Amends regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to require licensed 

importers to identify, by marking, all explosive materials they import for sale or distribution. 

Procedures To Promote Compliance With Crime Victims' Rights Obligations (70 FR 69650, 11/17/05) 

Implements section 102(f) of the Justice for All Act, establishing procedures to promote compliance with crime 

victims’ rights statutes by Department of Justice employees. 

Implementation of the Anabolic Steroid Control Act of 2004 (70 FR 74653, 12/16/05) 

Conforms the DEA’s regulations to the provisions of the Anabolic Steroid Control Act of 2004. 

Implementation of the Private Security Officer Employment Authorization Act of 2004 (71 FR 1690, 1/11/06) 

Amends regulations to authorize access to FBI-maintained criminal justice information systems to effectuate the 

Private Security Officer Employment Authorization Act of 2004, which was enacted as section 6402 of the 

Intelligence Reform and Terrorism Prevention Act of 2004. 

Public Safety Officers’ Benefits Program (71 FR 46028, 8/10/06) 

Implements a major revision of the regulations at 28 CFR part 32 that govern the Public Safety Officers’ 

Benefits Program to streamline all aspects of the program and relieve claimants of administrative burdens no 

longer deemed necessary. 

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International Terrorism Victim Expense Reimbursement Program (71 FR 52446, 9/6/06) 

Implements provisions of the Victims of Crime Act of 1984 authorizing the Director of the Office for Victims 

of Crime, an OJP component, to establish an International Terrorism Victim Expense Reimbursement Program 

to reimburse eligible “direct” victims of acts of international terrorism that occur outside the United States for 

“expenses associated with that victimization.” 

Special Administrative Measures (interim rule 66 FR 55062, 10/31/01; final rule 72 FR 16271, 4/4/07) 

Expanded rules authorizing the Bureau of Prisons to impose special restrictions on the ability of certain inmates 

to communicate with others outside the prison, in order to prevent disclosure of classified information or other 

information that could lead to acts of violence or terrorism. 

FBI Criminal Justice Information Services Division User Fees (73 FR 34905; 6/19/08) 

Under Public Law 101-515, the FBI has the authority to establish and collect fees for fingerprint-based criminal history record information (CHRI) checks and other identification services submitted by authorized users 

for noncriminal justice purposes including employment and licensing. This rule proposes revising the fees the 

FBI charges for performing these checks and services; explains the methodology used to calculate the FBI's 

revised fee schedule; and establishes a structure by which future fee adjustments for these checks and services 

will be made by a notice published in the Federal Register. 

The National Guidelines for Sex Offender Registration and Notification (73 FR 38029, 7/2/08) 

Establishes comprehensive new national guidelines for sex offender registration and public notification, implementing Title I of the Adam Walsh Child Protection and Safety Act of 2006. 

Records Management Division User Fees (73 FR 55794; 9/26/08) 

Concerns the name-based checks conducted by the Records Management Division (RMD) in the National 

Name Check Program (NNCP). The FBI is authorized to establish and collect fees for providing fingerprintbased and name-based criminal history record information (CHRI) checks and other identification services submitted by authorized users for non-criminal justice purposes including employment and licensing. The fees may 

include an amount to establish a fund to defray expenses for the automation of criminal justice information 

services and associated costs. 

Pre-Release Community Confinement (73 FR 62440; 10/21/08) 

Revises current BOP regulations to conform with the requirements of the Second Chance Act. 

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Civil Commitment of a Sexually Dangerous Person (73 FR 70278; 11/20/08) 

Provides definitions and standards relating to the certification of people as sexually dangerous for the purpose 

of civil commitment, as authorized by the Adam Walsh Act. 

DNA Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction (73 FR 74932; 12/10/08) 

Extends DNA sample collection in the federal jurisdiction to arrestees and non-U.S. person detainees. 

Combat Methamphetamine Epidemic Act - Fee for Self-Certification (73 FR 79318; 12/29/08) 

To recover the full costs of the certification process under the CMEA as required by statute, DEA is charging 

regulated sellers who are not DEA registrants a nominal fee for self-certification. 

Certification Process for State Capital Counsel Systems (73 FR 75327; 12/11/08) 

Implements a certification procedure for state capital counsel systems, as required by provisions of the USA 

PATRIOT Improvement and Reauthorization Act of 2005. This certification procedure will make expedited federal court review available in capital cases from states that establish mechanisms satisfying certain federal statutory requirements to provide representation for indigent capital defendants in state post conviction 

proceedings. 

Public Safety Officers' Benefit Program (73 FR 76520; 12/17/08) 

The 2008 revision of the PSOB regulations (most recently previously amended in a comprehensive manner in 

2006) makes limited, but important, changes to the regulations based upon OJP’s experience administering the 

program and upon public and private comments OJP has received since 2006. 

Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review (73 FR 76927; 12/18/08) 

This rule revises Department regulations to provide that a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen or reconsider with the immigration judge or the Board of 

Immigration Appeals (Board) or a petition for review in a federal court of appeals. This rule also provides that 

an immigration judge will set a presumptive civil monetary penalty of $3,000 if the alien fails to depart within 

the time allowed. Further, this rule makes limited changes in Department regulations relating to the voluntary 

departure bond. 

Revised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct; Inspection of Records 

Relating to Depiction of Simulated Sexually Explicit Performance (73 FR 77432; 12/18/08) 

Amends the record-keeping and inspection requirements of 28 CFR part 75 to implement the Adam Walsh 

Child Protection and Safety Act of 2006, which amended the recordkeeping statute applicable to depictions of 

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sexually explicit conduct and enacted a record-keeping statute applicable to depictions of simulated sexually 

explicit conduct. 

ATTORNEY GENERAL GUIDELINES 

The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection 

(10/31/03) 

Revised standards and procedures for FBI investigations to meet more effectively international terrorism and 

other threats to the national security. 

The Attorney General’s Guidelines for Victim-Witness Assistance (5/4/05) 

Incorporate the many provisions for crime victims’ rights and remedies, including the Justice for All Act of 2004, 

that were enacted since the publication of the previous edition in 2000. 

The Attorney General's Guidelines Regarding the Use of FBI Confidential Human Sources (12/13/06) 

Revise and update the standards and procedures for the recruitment and operation of human sources, who are 

used by the FBI to obtain information concerning threats to the national security, federal crimes and foreign 

intelligence matters. 

The Attorney General's Guidelines for Domestic FBI Operations (were issued on 9/29/08 and took effect on 12/1/08) 

Consolidate and update standards and procedures for FBI investigations and intelligence activities concerning 

threats to the national security, federal crimes and foreign intelligence matters. 

JUDICIAL NOMINATIONS 

In keeping with his promise to nominate distinguished individuals who would interpret and not create law, the
 

President nominated, and the Senate confirmed, John Roberts and Samuel Alito to the Supreme Court. 


The President has nominated 377 individuals to Article III judicial positions. Of those nominees, 324 (86 percent) have been confirmed by the Senate.
 

The Senate has confirmed 61 of the President’s nominees to the United States Court of Appeals and 261 nominees to United States District Courts. President Bush’s judicial confirmation rate is comparable to that of the 

prior administration. 

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As a result of the President’s nominations, six circuits of the United States Court of Appeals currently have no 

vacancies. 

IMMIGRATION-RELATED REGULATIONS 

Custody Procedures (66 FR 48334, 9/20/01) 

Within a week of September 11th, the Department had drafted and sent to the Federal Register the interim 

“Custody Procedures” rule, which took effect immediately. This rule changed the period of time after an 

alien’s arrest within which the INS (now DHS) must make a determination whether the alien will be continued in custody or released on bond or recognizance, and whether to issue a notice to appear and a warrant of arrest. 

Review of Custody Determinations -- Part 3 Automatic Stay (68 FR 54909, 10/31/01) 

Expanded a pre-existing process to enable INS (now DHS) to obtain an automatic stay in certain cases where 

an immigration judge has ordered an alien released from custody. 

Continued Detention of Aliens Subject to Final Orders of Removal (interim rule 66 FR 56967, eff. 11/14/01) 

In those cases where the U.S. cannot find a country to which an alien’s removal can be effectuated, these rules 

provide authority for the continued detention of certain aliens, beyond the presumptive six-month period 

established by the Supreme Court in Zadvydas, where DHS establishes that continued detention is required 

on national security or foreign policy grounds or where the alien is found (after a full IJ hearing) to be especially dangerous on account of a mental disease or defect. 

Limiting the Period of Admission for B Nonimmigrant Aliens (67 FR 18605, 4/12/02) 

Eliminates the minimum admission of B-2 visitors for pleasure, reducing the maximum admission period of 

B-1 and B-2 visitors from 1 year to 6 months. It establishes greater control over a B visitor’s ability to extend 

status or to change status to that of nonimmigrant student. 

Requiring Change of Status from B to F-1 or M-1 Nonimmigrant Prior to Pursuing a Course of Study (the “Atta” rule) 

(67 FR 18061, 4/12/02) 

Eliminated the prior provisions allowing a B-1 or B-2 nonimmigrant visitor for business or pleasure to begin 

attending school without first obtaining approval of a change of nonimmigrant status request from the INS. 

This change ensures that no B nonimmigrant is allowed to enroll in school until the alien has applied for, 

and the DHS has approved, a change of nonimmigrant status to that of F-1 or M-1 nonimmigrant student. 

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Release of Information Regarding INS detainees in Non-Federal Facilities (67 FR 19508, 4/22/02) 

Governs disclosure by any state or local government entity or by any privately operated facility of the name 

or other information relating to any immigration detainee being housed or otherwise maintained or provided service on behalf of the INS (now DHS). 

Protective Orders in Immigration Administrative Proceedings (interim rule 67 FR 36799, eff. 5/21/02) 

Authorized immigration judges to issue protective orders and seal records relating to law enforcement or 

national security information. 

Powers of the Attorney General to Authorize State or Local Law Enforcement Officers to Exercise Federal Immigration 

Enforcement Authority During a Mass Influx of Aliens (67 FR 48354, 7/24/02) 

Implements section 103(a)(8) of the Immigration and Nationality Act, which permits the Attorney General 

to authorize any state or local law enforcement officer – with the consent of the head of the department, 

agency or establishment under whose jurisdiction the individual is serving – to perform or exercise certain 

powers, privileges or duties of officers or employees of the Immigration or Naturalization Service during the 

period of a declared mass influx of aliens. 

Registration and Monitoring of Certain Nonimmigrants (67 FR 52584, 8/12/02) 

Broadened the special registration requirements for nonimmigrant aliens from certain designated countries 

and other nonimmigrant aliens whose presence in the United States requires closer monitoring, to require 

that they provide specific information at regular intervals to ensure their compliance with the terms of their 

visas and admission, and to ensure that they depart the United States at the end of their authorized stay. 

Establishment of the National Security Entry-Exit Registration System (NSEERS) (final rule 67 FR 52584, eff. 9/11/02) 

Provided for special registration procedures (fingerprinting and photographing) of nonimmigrant aliens from 

certain designated countries and for other aliens determined to fit predetermined categories of risk. In addition, the program provided for so-called “call in” special registration for aliens already in the U.S. who are 

nationals of countries identified by a series of published notices. 

Passenger Data Elements for the Visa Waiver Program (interim rule 67 FR 63246, 10/11/02) 

Implemented Section 205(a) of the Visa Waiver Permanent Program Act, Public Law 106-396. The act added 

a new requirement that carriers transporting passengers under the Visa Waiver Program electronically transmit passenger data as determined by the Attorney General in order to track the arrival and departure of VWP 

nationals. 

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Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda (68 FR 5190, 

01/21/03, eff. 3/17/03) 

Eliminated the passport and visa waiver granted by the Secretary of State and the Attorney General to residents of Canada or Bermuda having a common nationality with Canadian nationals or with British subjects 

in Bermuda. These individuals are now required to present a valid passport and visa when applying for admission to the U.S. 

Execution of Removal Orders; Countries to Which Aliens May Be Removed (70 FR 661, 1/5/05) 

This final rule jointly published by the Department of Homeland Security and the Department of Justice 

amends their respective agencies’ regulations pertaining to removal of aliens. 

U.S. TRUSTEE PROGRAM 

� Strengthened efforts to combat fraud and abuse in the bankruptcy system committed by debtors and 

by those who exploit debtors, including creditors, attorneys, non-attorney document preparers and foreclosure rescue scheme operators. 

� Implemented and enforced the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005— 

a comprehensive revision of the bankruptcy laws that assigned significant new responsibilities to the 

U.S. Trustee Program—to ensure debtor compliance, protect consumer debtors of businesses seeking 

bankruptcy protection. 

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