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U.S Department of Justice Executive Office for United States Attorneys UNITED STATES ATTORNEYS BULLETIN VOLUME 43 NO FORTY-THIRD YEAR JUNE 1995 To Our Readers This edition of the United States Attorneys Bulletin is dedicated to th victims and all Of our friends and colleagues in Oklahoma City We were all horrified by the tragedy that has occurred and at the same time we have all worked together to d0 whatever we can to contribute to the healing process The true heroes in this have been the members of the Office of the United Stt05 Attorney for the Western District of Oklahoma and our other friends in the federal agencies that were affected by th5 terrible tragedy Together they have worked to begin the healing process and continue the necessary business of the Department of Justice and th0 Government zany United States Attorneys offices have provided direct assistance to our efforts to establish and maintain the Command Center that has been set up in Oklahoma City They are providing staff and anything that is needed to ensure that the Command Center is operating smoothly and supporting the investigators and attorneys who are working on this case In addition members 0f the Department Employee Assistance Program have assured that services were available to Department of Justice employees Members of the Executive Office for United States Attorneys Aave assisted in the acquisition transportation and installation of equipment and services in direct support of the Command Center and the Office of the United States Attorney The Criminal Division h45 assisted us in providing much needed parts for the computer system The Office of Victims 0f Crime has assisted in providing victim/witness assistance Iish to thank the many people who are contributingto the efforts to assist in Oklahoma City apologize illhave forgotten anyone in th5 expression 0f thanks The unending offers of support and assistance from throughout the country have been truly unbelievable The resolve of the many men and women that make up the Department of Justice family will allow us to move forward It has also heightened our awareness of the value of life family and friendships thank you for your continued support Sincerely Carol DiBattiste

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Page 1: ATTORNEYS - U.S. Department of Justice...2010/10/12  · Oklahoma City and anything related Attorneys Manual and the blue- Service rescued crew members of to it sheet supersedes any

U.S Department of Justice

Executive Office for United States Attorneys

UNITED STATES

ATTORNEYS BULLETIN

VOLUME 43 NO FORTY-THIRD YEAR JUNE 1995

To Our Readers

This edition of the United States Attorneys Bulletin is dedicated to th victims and all Of our

friends and colleagues in Oklahoma City We were all horrified by the tragedy that has occurred and

at the same time we have all worked together to d0 whatever we can to contribute to the healing process

The true heroes in this have been the members of the Office of the United Stt05 Attorneyfor the Western District of Oklahoma and our other friends in the federal agencies that were

affected by th5 terrible tragedy Together they have worked to begin the healing process and

continue the necessary business of the Department of Justice and th0 Government

zany United States Attorneys offices have provided direct assistance to our efforts to

establish and maintain the Command Center that has been set up in Oklahoma City They are

providing staffand anything that is needed to ensure that the Command Center is operating

smoothly and supporting the investigators and attorneys who are working on this case In addition

members 0f the Department Employee Assistance Program have assured that services were

available to Department of Justice employees Members of the Executive Office for United States

Attorneys Aave assisted in the acquisition transportation and installation of equipment and

services in direct support of the Command Center and the Office of the United States Attorney

The Criminal Division h45 assisted us in providing much needed parts for the computer system

The Office of Victims 0f Crimehas assisted in providing victim/witness assistance

Iish to thank the many people who are contributingto the efforts to assist in Oklahoma

City apologize illhave forgotten anyone in th5 expression 0f thanks The unending offers of

support and assistance from throughout the country have been truly unbelievable The resolve of the

many men and women that make up the Department of Justice family will allow us to move

forward It has also heightened our awareness of the value of life family and friendships

thank you for your continued support

Sincerely

Carol DiBattiste

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PuIisAci/iy Executive Office for United States Attorneys

Washington D.C

Carol DiBattiste Director

United States Attorneys Bulletin Staff 202514-3572

David Marshall Nissman Editor-in-Chief

Ed Hagen Editor

Wanda Moral Editor Barbara Jackson Editor

191 ATTORNEY GENERALEOUSA FedEx and I/O

HIGHLIGHTSVision Systems WorkFrom t.ii

Civil Rights BluesheetTogether to Remove

EtlIorinChicI AdministrationsBarrier

CounterterrorismEmail Etiquette Tips

Legislation Office of Legal Education

In order to better serve Assistant AG Addresses Federal Law215 DEPARTMENT OF

United States Attorneys and Enforcement Officers

Association JUSTICEUnited States Attorneys we have

AGResponds to Media HIGHLIGHTSbeen soliciting your ideas on how Questions about Antitrust Division

to make the Bulletin more usefulOklahoma Bombing Civil Division

Department Urges Congress to Civil Rights Division

publication This issue reflectsRetain Heavier Penalties

Criminal Division

some of the innovations you have for Crack Cocaine OffensesEnvironment and Natural

suggested including an article Administration Launches BillResources Division

about new litigation techniqueto Help End Illegal Office of Justice Programs

Immigration Office of Violence Against

the Transcript PresentationDeportation of Criminal Women

Manager an update from the Aliens Tax Division

Office of Legal Educations Migration Relationship219 ETHICS A.ND

Agreement Between USPublications Unit some and Republic of Cuba PROFESSIONALcomputer-related news and Department Consolidates Air RESPONSIBILITY

more readable format FutureFleets to Transport OPR Case Summaries

Prisoners and Criminal Other Developments in

issues will bring further changesAliens Professional Responsibility

After this issue commendations Outplacement Efforts for the221 CAREER

will no longer be published in Civil Divisions Portland

monthly editions of the BulletinField Office Attorneys

OPPORTUNITIES

195 UNITED STATES Civil Rights Division

Instead we will publish special Complaint Adjudication

issue once year to highlight yourATTORNEYS Office

OFFICES Employment Litigation

sign/Icant accomplishments AlsoThe Transcript Presentation Manager Section/Deputy Chief

for future issues we are Commendations Executive Office for United

considering including interviews Honors and Awards States Attorneys Detail to

with Department officials on keySignificant Issues/Events Legal Programs Staff

issues and historical articlesSignificant Cases Immigration and Naturalization

208 EXECUTIVE OFFICE Service Experienced

Attorneysabout the development of theFOR UNITED United States Attorneys

Department In short we hope STATES Office NDOHthat the Bulletin will be vehicle ATTORNEYS APPENDIXto unite headquarters in EOUSA Staff Update Administration

Washington DC with the field Sentencing Guidelines Counterterrorism Legislation

Please continue to provide us with Software APPENDIXEOUSA to Provide Email Etiquette Tips

your input by contacting me atAssistance to Moscow

202616-5210 or by Email at Training InstituteAPPENDIX

OLE Course Nomination

AEXO2DNISSMAN Case Management Update

Security Education MaterialsForm

Post-Traumatic Stress APPENDIXUnderstanding the Cumulative List of Changing

SyndromeFederal Civil Postjudgment

______DvidllIdrsAalIIViesmdn Open Season for FEGLI Interest Rates

APPENDIXList of United States

Attorneys

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AG Addresses Federal Law Atty Gen Reno would defer toATTOYEnforcement Officers Congress as to how it should puue

GENER.ALAssociation

issues but think it is important that

we do it carefully thoughtfullyHIGHLIGHTSOn May 1995 Attorney General

without politics and in thoughtful

bipartisan way think it is

Janet Reno addressed the Federalimportant that we address what we

Law Enforcement Officersas nation can do in thoughtfulCivil Rights Bluesheet

Association in Newark New Jersey way consistent with due process to

in honor and recognition of acts ofprevent the violence that occurred in

On May 10 1995 Attorney Generalvalor courage and great devotion Oklahoma City

Janet Reno signed the new Civilincluding the four Alcohol Tobacco

Rights bluesheet which was and Firearms agents who gave their If may follow do you feel weforwarded to All United States

lives and the sixteen wounded atfully understand all of the

Attorneys and the Assistant Attorney Waco Agents Stephen Willis ramifications and intents of the

General Civil Rights Division The Robert Williams Conway LeBleu various militia movements out

newly renamed Sections 8-3.000 and Todd McKeehan perished doing there

through 8-3.150 in the bluesheet their duty Daniel McFadden of the

replace the previously applicable Park Police rescued three aliens inAtty Gen Reno Sir could never

Sections 8-3.000 through 8-3.150 in the Atlantic waters Chris Bauer andunderstand what happened in

Title of the United States Michael Brenner of the Customs Oklahoma City and anything related

Attorneys Manual and the blue- Service rescued crew members ofto it

sheet supersedes any remaining sinking fishing ship off.Cape Cod

provisions of Title Chapter of The quick actions of Rebecca Does that mean you thinkthe United States AttorneysManual Perkins of the General Services Oklahoma City was related to thewhich are inconsistent with the new Administration were instrumental in militia

bluesheetsaving fellow Federal officer The

Attorney General said that lawAtty Gen Reno The question that

enforcement is one of the most was posed was do we think we fully

Administrations difficult jobs in America and thatunderstand all thats going on out

law enforcement officers are there And for one do notCounterterrorismAmerican heroes

understand and cannot comprehendLegislation

anybody that would do something

like Oklahoma City or anythingOn May 1995 the President AG Responds to Media related to it

transmitted to Congress the

Antiterrorism Amendments Act of Questions about OklahomaGeneral Reno is the search for

1995 This bill and the Omnibus Bombing John Doe stalemated at the

Counterterrorism Act of 1995 momentwhich was transmitted to Congress In her weekly press conference on

on February 1995 represent Thursday May 1995 Attorney Atty Gen Reno Again the bureau

concerted effort to improve the General Reno responded to media has large number of leads and is

Governments ability to detect bothquestions about the Oklahoma City pursuing each lead At this point

foreign and domestic terrorismbombing and related issues John Doe has not been identified

copy of the Fact Sheet on theExcerpts from the

press conference

Administrations Counterterrorism are reprinted below How much of disappointment

Legislation is attached as Appendix was Jacks and Land

Questions concerning the Anti-Attorney General yesterday

terrQrism Amendments Act of 1995 several Democratic congressmen Atty Gen Reno When you talk

should be directed toAssistant called for hearings into the militia about disappointment it is

United States Attorney Monte Stiles movement in this country Do you disappointment that John Doe has

Executive Office for United States think such congressional hearings not been identified or taken into

Attorneys 202514-1023 would be good idea and do you custody But it is also important that

think the Justice Department could people who are not guilty who are

add anything to that debate if such not implicated are quickly clarified

hearings were to be held as such And so Im glad that that

JUNE 1995 PAGE 191

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process worked where those very time taking all steps possible to Any Gen Reno For example if

unusual coincidences took place preventviolence before it starts there were chemical attack where

the military had the only expertise

Ms Reno are investigators Miss Reno on use of military in concerning the chemical agents

convinced or do we know in fact counterterrorism you and Deputy involved and they knew how to

whether there is John Doe or Attorney General Gorelick have handle it and what to do think it

is that being rethought characterized the administrations woud be imperative for this nations

proposal to revise posse comitatus as safety that they be able to assist in

Arty Gen Reno Again would being rather narrow limited just an addressing that problem

not comment on any other aspect of extension of chemical and biological

it cases But in the counter-terrorism So its strictly to clean up and if

bill it appears that theres language that were the case does that require

Attorney General the National that suggests much broader use of change in the posse-comitatus law

Rifle Associations leaders say that the military in any number of

they have been unfairly linked with investigations Do you see any Arty Gen Reno It might not just

the kind of militia groups that are contradiction there be to clean up it might be to prevent

associated with the Oklahoma City as well to participate with law

bombing Do you think thats true Arty Gen Reno We want to work enforcement to in certain instances

And secondly theyre calling for with Congress to draft legislation participate with law enforcement in

along with some members of that is as narrow as possible while suggesting how to apprehend

Congress hearings of course into at the same time it would permit us somebody so there wouldnt be

the Waco case and Ruby Ridge Is to use in instances where the danger to the surrounding

that timing inappropriate given military had the only expertise with community Its based on common

whats going on right now respect to chemical agent or some sense If the military is the only

biological agent that we could use agency with expertise in this area

Arty Gen Reno So far know of their assistance in very narrow and dont think we want to risk our

no links between the NRA and what limited way And as told the nations safety our citizens safety if

happened in Oklahoma City and leaders of Congress when they met we can craft solid piece of

think it is important that nobody with the president we want to work legislation that gives us access to

jump to conclusions that nobody with them on this legislation to make that knowledge and that expertise

link anybody to something unless sure that its crafted very narrowly while at the same time properly

there is solid evidence to support it that its done consistent with due limiting the militarys role

also think it is important that we processand our traditional concerns

talk together in thoughtful and that it gives us the access to the Does the FBI even have that

dialogue about the issues that assistance that the military can much nuclear biological and

confront this country and look provide chemical equipment such as the

forward to continuing to do that with special suits and the special

those that want to pursue thoughtful Just follow-up the Section equipment used to clean up areas

constructive dialogue 101 on counterterrorism bill doesnt

seem very narrow at all just on Arty Gen Reno When you talk

With respect to the hearings think surface reading of it Does that about equipment there have been

if there are hearings they have got concern you situations where we have been able

to be done in thoughtful objectiveto use military equipment but not the

bipartisan way To inject politics Arty Gen Reno What we want to military personnel by contract or

into this is wrong think all do and what told Senator Dole and other means But it is the expertise

Americans concerned about the others is that we would like to be that we are really saying look if the

future of this country want to do able to sit down with their staff and military has that expertise and if it is

everything they can to avoid the as we work through this issue craft critical surely we can work together

violence to prevent the horror of the most careful legislation possible to craft piece of legislation that

Oklahoma City to end the violence limits the military role while at the

on our streets The best way to do Ms Reno when you say you same tne ensuring the access to the

that think is for us to come wanted to be able to use the military expertise

together working with law with chemical or biological agent

enforcement to insure firm fair attack to do what What would couple of outside witnesses

law enforcement that is consistent they do maam in the last week at the

with due process while at the same Judiciary Hearing at the Senate

suggested that these militias these

PAGE 192JUNE 1995

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ad hoc militias have no legal would dramatically reduce the Administration Launchesstanding under the law In fact the punishment for trafficking in crack

Bill to Help End Illegalwords in the Constitution well cocaine

regulated militia imply thatImmigration

somebody should regulate these Attorney General Janet Reno

organizations Do you have any opposes measures that fail to reflect On May 1995 Attorney General

feelings about any attitudes on the harsh and terrible impact of Janet Reno and Immigration and

whether these militias are legal or crack on communities across Naturalization Service INSnot and whether theres an area for America Opposition was also Commissioner Doris Meissner

Federal oversight in the operation of voiced by the United States announced the Clinton

these organizations Attorneys who met at the United Administrations new and

States Attorneys Conference in San comprehensive initiative The

Atty Gen Reno Again think it is Antonio Texas April 10-14 and by Immigration Enforcement

important that those groups that Jo Ann Harris Assistant Attorney Improvements Act of 1995 to help

want to meet even if they disagree General in charge of the Criminal end illegal immigration It was also

with Government have the right to Division who represents the Justice introduced in the Senate by Senators

meet to talk think it is important Department on non-voting basis at Edward Kennedy D-MA Paul

that Government take those steps meetings of the SentencingSimon D-IL and Barbara Boxer

that are reasonable and prudent to Commission On April 10 1994 the D-CA The Act will expand the

follow up on leads that indicate that Commission voted 4-3 to make the Administrations efforts to control

violence may occur And dont penalties for crack cocaine offenses our nations borders aggressively

think that that should be associated equal to those for powder cocaine pursue and expedite the removal of

necessarily with militia groups despite evidence that crack does criminal and other illegal aliens

think we have got to be very careful greater harm to vulnerable enhance the ability of the INS to

that we do not characterize group communities The Commissions find and penalize smugglers

and generalize from the action of recommendation would become law eliminate the job magnet through

one person to group as whole November if no action is taken byincreased work site enforcement

think it is important that we pursue Congress to reject it and improve employment

all of these issues looking at what verification systems Several

law enforcements role should be Although the Justice Department has measures in the bill will make it

which is the pursuit of evidence to recognized that an adjustment in the faster and easier for the U.S to

prevent crime current penalty structure might be exclude and deport illegal aliens If

appropriate it has maintained that you would like copy of the press

You mentioned interpreting the any such adjustment must reflect the release outlining these measures

guidelines on domestic surveillance greater dangers associated with please contact the United States

Are you and the FBI Director do crack as opposed to cocaine powder Attorneys Bulletin Staff

you think on the same wavelength Chairperson of the Attorney 202514-3572

in terms of what the FBI can and Generals Advisory Committee

cannot do Michael Stiles said that United

States Attorneys believe theDeportation of Criminal

Atty Gen Reno think we both Sentencing Commission madeAliens

feelvery comfortable with our serious mistake in recommending

general feeling about the guidelines equivalent treatment of crack and

that properly construed they can powder cocaine offenses and that On April 28 1995 the Attorney

give law enforcement the tools to do the overwhelming reaction of General forwarded memorandum

the job Federal prosecutors is that the to all Federal prosecutors outlining

recommndation was inappropriatethe Administrations commitment to

The Attorney General and the deporting criminal aliens from the

United States Attorneys also United States as expeditiously as

Department Urges Congressexpressed their opposition to the possible It provides prosecutors

to Retain Heavier Penalties Commissions decision towith general overview and policy

for Crack Cocaine Offensessignificantly reduce sentencesin guidance on using stipulated

money laundering cases -- anadministrative deportation orders in

The Justice Department submitted important weapon in combattingconnection with plea agreements

legislation to Congress to correct narcotics violations health care providing for deportation as

recommendation by the United fraud and financial institution fraudcondition of supervised release

States Sentencing Commission thatunder 18 U.S.C 3583d and

seeking judicial deportation

JUNE 1995 PAGEI93

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orders pursuant to the recently consolidation recommended by the 1LJN STATESenacted judicial deportation statute Aviation Policy Working Group

U.S.C 1252ad Federal under the direction of FBI Director

prosecutors should seek the Louis Freeh will maximize use of OFFICESdeportation of deportable alien the air fleets operated by the

defendants in whatever manner is Immigration and Naturalization ________________________________

deemed most appropriate and Service and the Marshals Service The Transcript

exceptions must have written The fleet includes two Boeing 727s Presentation Managerapproval of the United Sates DC-9 Convair Gulfstream

Attorney or designed supervisory G-l and four Sabreliners totaling

Las Vegas AUSA Walt Ayers

was involved in case that hadAssistant United States Attorney nearly 500 seats Nearly 40 cities

hundreds of recorded conversaFor copy of the Attorney Generals will be served under the new system tions In preparing the case for

memorandum please contact the which features an 1800 bed Bureau court he realized how difficult

United States Attorneys Bulletin of Prisons transfer facility adjacentand inefficient traditional methods

Staff 202514-3572 to the U.S Marshals air facility at of transcript preparation and audio

Will Rogers Airportredaction were He approached his

systems manager Rudy Ferrara

and asked him to develop corn-

Migration Relationship puter program that would provide

instantaneous reduction capabil

Agreement Between United Outplacement Efforts for theities and would display the trans

States and Republic of Cuba Civil Divisions Portland cript on large screen while the

Field Office Attorneys tapes were being played for the

juryOn May 1995 Attorney General

The result of this inquiry is the

Janet Reno announced modifica- On April 27 1995 Deputy Attorney Transcript Presentation Managertion to our Cuban migration policy General Jamie Gorelick forwarded the Managerthe latest technol

This modification will seek to memo concerning outplacement ogy in computer litigation and

address safety and humanitarian efforts for six attorneys working in program that may eventually take

concerns and to ensure that the Civil Divisions Portlandthe place of audiotapes in the

courtroom It uses Windows 3.1migration between the countries is Oregon Field Office which is

making it very simple to operatesafe legal and orderly If you would scheduled to close on September 30

Investigating agencies steno-

like copy of the White House press 1995 The office was established to graphers can use the Manager to

release detailing the agreement handle the Washington Public Power transcribe conversations directly

please contact the United States Supply System WPPSS litigationon the computer

AttorneysBulletin Staff which was recently settled Three of The Manager works by convert-

202514-3572 the attorneys have indicated aning the analog audiotape to

interest in relocating to New York digital sound file and matching

the transcript along time line

City and/or Washington D.C ifThis produces an electronic copy

Department Consolidatespositions are not available in the of the sound and text The digital

west The memorandum encloses the format is easier to hear and control

Air Fleets to Transport attorneys qualifications and requeststhan the audiotapes and the

Prisoners and Criminal that they be considered for digitized audio on the computer is

easier to understand than the

Aliens vacancies If you would like copyanalog tape on standard dictation

of the Attorney Generalsmachines feature that appeals to

Two air flight systems to transportmemorandum please call the United transcribers Hardware to run the

Slates Attorneys Bulletin Staff Manager costs less than $5000criminal aliens and prisoners have

been merged into single202514-3572 and is reusable for other cases It

includes Windows compatiblecoordinated airline with regular sound card $250 1-2 gigabyte

routes hubs and feeder system hard drive less than $1000 and

like other airlines The main hub 27-inch monitor with speakers

will be in Oklahoma City The for jury presentations $2700The Transcript Presentation

Manager is now available from the

Executive Office for United States

Attorneys Office Automation

Staff at no cost Please contact

Carol Sloan at 202616-6969 for

further information

PAGEI94 JUNE11995

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Commendations Section Criminal Division for their David Corra and Allyson Fritz

presentations to the Health Care Florida Southern District by

The following Assistant UnitedFraud Working Group Commissioner James Moore

States Attorneys have beenFlorida Department of Law

commendedEdwin Brzezinski and Joseph Enforcement for their assistance

Moore Missouri Eastern District during Operation Crackerjack

Lee Altschuler and Dennis Michael by Regional Director William Sidearm an HIDTA/OCDEFT

Nerney California NorthernSchenk National Park Service for investigation

District by Senior Resident Agenttheir successful prosecution in

Scott Pearson United Statesrecent case involving concession Bryan Daly Nathan Hochman

Department of the Interior Fish and operation that violated recently William Carter and former

Wildlife Service for Lees success-implemented concession regulations AUSAs Carol Gillam and Adam

ful prosecution of three defendantsat the Ozark National Scenic Schiff California Central District

for violating the Endangered SpeciesRiverways by Director Louis Freeh Federal

Act and for Michaels successfulBureau of Investigation for their

prosecution of case involvingMark Byrne and Steven Arkow outstanding performance during the

smuggling of endangered plantsCalifornia Central District by investigation and successful prose-

Sheriff Sherman Block County of cution of Agri-Empire Inc for

Robert Anderson TennesseeLos Angeles for their prosecution of violating the Resource Conservation

Middle District was presentedEdward Jamison in United States vs and Recovery Act

plaque by Special Agent in ChargeJam ison for making false statements

Raymond McKinnon and Residenton tax return and structuring Mark Davis Virginia Eastern

Agent in Charge Vincent Morganotransactions to avoid current District by Assistant Director-in-

Drug Enforcement Administrationreporting requirements Charge Lane Crocker FBI

Atlanta Field Division for hisWashington D.C for his excellent

support of cooperative law enforce-Darcy Cerow District of lecture on gun violations in the

ment efforts in narcotics cases inArizona by Special Agent in District of Columbia at recent

Tennessee Charge Bernard LaForest Bureau meeting of FBI agents

of Alcohol Tobacco and Firearms

John Beasley District offor the successful prosecution of Kimberly Dunne and Barbara

Columbia by District DirectorUnited States William Schoening Scheper California Central

William Carroll Immigration andcase involving conspiracy District by Sheriff Sherman Block

Naturalization Service for histo unlawfully transfer unregistered County of Los Angeles for their

successful prosecution of Uniteddestructive devices and unlawful distinguished participation in the

States Sao Katok Linda Troungtransfer of destructive devices Operation Big Spender corruption

and Chau Van Nguyen case thatinvestigation and their work in

violated the Mann ActKenneth Chadwell Michigan connection with the case United

Eastern District by Special Agent States Jack Grey et

John Bennett North CarolinaJoseph Secrete Bureau of

Eastern District by Captain CharlesAlcohol Tobacco and Firearms Joan Evans Virginia Eastern

Harris United States CoastDetroit for his valuable assistance District by Special Agent in

Guard for his successful prosecu-and representation in the investiga- Charge Frank Frysiek U.S

tion of United States vs Etheridgetion and prosecution of an armed Customs Service Sterling Virginia

an extortion casecareer criminal in United States for her successful prosecution of 12

Ragazzino defendants who were involved in

Michael Bidwill District oflong-term cocaine smuggling

Arizona by Special Agent inRonald Cheng Michael Terrell operation from Kingston Jamaica

Charge Thomas Kneir FBIJames Walsh Jr Michael to the United States

Albuquerque New Mexico for theZweiback and David Scheper

successful prosecution of UnitedCalifornia Central District by Patrick Fitzgerald California

States vs Victor MartinezSpecial Agent in Charge George Central District by Special Agent

multiple shooting incident occurringRodriguez Bureau of Alcohol in Charge James Bauer U.S

at the San Juan Indian PuebloTobacco and Firearms for their Secret Service for his successful

successful efforts in prosecuting prosecution of United States

Barbara Bisno and Mark Lavinefirearms felonies Giora Eshkol counterfeiting

Florida Southern District byinvestigation

Chief Mary Spearing Fraud

JUNE11995 PAGE195

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Penelope Coblentz Fleming of various cases occurring on the Acting Special Agent in ChargeCharles Guadagnino Susan Standing Rock Sioux Reservation Robert Friedman Jr FBIKnepel Michelle Leslie Pittsburgh for his professional skill

William Lipscomb Matthew Mark Hardiman California in bringing consumer product

Richmond Monica Rimai Lisa Central District by Inspector in tampering case to successful

Warwick and Nancy-Ellen Charge Crawford Jr United conclusion

Zusman Wisconsin Eastern States Postal Inspection Service Los

District were honored by Director Angeles Division for his outstand- Dennis Kennedy Virginia Eastern

David Mikelson Food Stamp ing advocacy skills in presenting an District by Director Louis Freeh

Program and Officer in Charge armed assault case to the Grand FBI for support during an

Food and Consumer Service Field Jury investigation into bank

Office United States Department of embezzlement case and for bringing

Agriculture for their vigorous and Joseph Hartzler Illinois the case to favorable conclusion

effective advocacy in both written Central District was named the

submissions and oral arguments to 1995 Multiple Sclerosis Father of James King Michigan Eastern

the Federal district courts and for the Year by the Multiple Sclerosis District by Assistant Special Agent

successfully defending the adminis- Society and was honored by in Charge Melvin Smith DEA for

trative actions of the Department of President Clinton in ceremony athis outstanding effort in instructing

Agriculture against numerous indivi- the White House on May 19 1995group of state and local police

duals charged with violations of theofficers on conspiracy investiga

Food Stamp Act Bruce Hegyi District oftions Federal statutes and

Columbia by Major General Nolancourtroom testimonyNicholas Gess District of Maine Skiute Judge Advocate General

by Patrick Kennedy Member of Department of the Air Force

Congress for his participation in Washington D.C for his successfulJohn Klein Virginia Eastern

recent Crime Bill conference at representation of the Air Force in District by Deputy Assistant

Salve Regina University in Newport complicated contract disputeDirector John Michaud Training

Naval Criminal Investigative

Robert Goldman Pennsylvania Mark Hulkower Robert Chesnut Service Washington D.C for his

Eastern District by Chief Lawrence and Gordon Kromberg Virginia outstanding presentations on

Beeman Mine Safety and Health Eastern District by Director Louis prosecuting fraud cases and search

Administration MSHA for his Freeh FBI Washington D.C forwarrants at Basic Procurement

successful prosecution of mine their success in obtaining guiltyFraud Investigations Course in Dam

foreman for threatening to assault pleas of Aldrich and Rosario Ames Neck Virginia

Mine Safety and Health Administra- the forfeiture of property acquired

tion coal mine inspector and for with the proceeds of illegal Lisa Lench California Central

providing false statement to the activities and the repatriation of District by Executive Director

MSHA accident investigation team money from their overseas accounts William Waters Los Angeles

Metropolitan High Intensity Drug

Daniel Goodman and Stefan Stein Janice lnnis-Thompson InspectorTrafficking Area for her assistance

California Central District by Richard Donovan and LECC/and support to agents and task force

Sheriff Sherman Block County of Victim-Witness Coordinator Joanofficers assigned to the Southern

Los Angeles for their dedicated Wickett New York WesternCalifornia Drug Task Force and for

participation and noteworthy District for assisting with seminarsassistance during the investigation of

accomplishments while serving as for senior citizens on protecting

members of the Operation Big themselves against fraudOperation Fox Hunt

Spender Task Force and their work

in connection with the prosecution Wendy Jacobus Florida SouthernTom LeClaire District of Arizona

of United States Miller et District by District Counsel Sue by Superintendent Joseph Alston

flj police corruption case Meyer Department of VeteransGlen Canyon National Recreation

Affairs Bay Pines Florida for Area Iational Park Service Depart

Mikal Hanson District of South obtaining judgment in favor of thement of the Interior Page Arizona

Dakota by Director Grace Mendez United States in complex medicalfor providing legal update for the

Childrens Helper Project Standing negligence caselaw enforcement staff and for his

Rock Sioux Tribe Fort Yates North valuable contribution to the success

Dakota for his valuable training Stephen Kaufman of the annual law enforcement

program concerning the prosecution Pennsylvania Western District byrefresher

PAGE 196 JIJNE1.1995

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James Lesousky Kentucky Kathleen McDermott District of the Judge Advocate General

Western District received Maryland by Robert Vogel Department of the Army Arlington

Certificate of Commendation for his Attorney at Law Washington D.C Virginia for their valuable

outstanding work with victims of for negotiating acceptable settlement assistance and support of the

fraud white collar and violent in U.S ex rel Schenherr U.S Department of the Army in the

crime cases Also receivingHomecare Corp home health care discrimination and retaliation case

certificates were Legal Secretaryfraud case described above

Beverly Koloms Debt Collection

Agents Debbie Beld Kim Breit James Mitchell Michigan Eastern Karen Norris Texas Western

Wendy Parel and Supervisory District received Certificate of District by District Counsel Logan

Debt Collection Agent Roberta Appreciation from District Director Slaughter Department of

Brazzell Dennis Mickel Federal Protec- Veterans Affairs Houston for

tive Service Division General securing dismissal of tort case

James Mann Louisiana Eastern Services Administration Detroit for

District by Inspectorin Charge delivering an excellent presentation

Sharon Novitsky District of

Kell U.S Postal Inspection at Violence in the Workplace Arizona by Program Coordinator

Service New Orleans for his workshop for Federal managers and Michael Zahab Arizona Trial

professional efforts in obtaining supervisors Lawyers Association Phoenix for

guilty pleas on child pornographyher excellent presentation on DNA

cases Thomas Mucklow Robert and the law at the 1995 Peoples

McWilliams Jr and Sam Law School Spring Session at the

Charlotte Mapes District of Nazzaro West Virginia Northern Arizona State University College of

Colorado received Certificate of District by James Davis Jr Law

Appreciation from Chief Counsel Office of the Prosecuting Attorney

Dennis Hoffman Drug Hancock County New Cumberland Ira Oring District of Maryland by

Enforcement Administration for their efforts in several cases Special Agent in Charge Steven

Washington D.C for her valuable against defendants involved in Mason United States Secret Service

assistance in responding to murder Baltimore for his exemplary

discovery order in case in prosecutorial efforts in United States

Colorado Springs and for bringing Sherry Muncy West Virginia Albert Brown et al bank fraud

the matter to satisfactory Northern District by Regional case

conclusion Inspector General for Investigations

Jon Novak Department of Rodolfo Orjales California

Anna Martinez Florida Southern Agriculture Riverdale Maryland Northern District by Postal

District by Honey Drugs for her successful prosecution of Inspectors Robert Wight and

Liaison Officer HM Customs and honey producerwho defrauded the Robin Shipman United States

Excise British Consulate Miami Agriculture Department of Postal Inspection Service San

for her successful prosecution of approximately $125000 in loan Francisco for his outstanding work

drug importation case funds in 1992 on the Carton-I-Iodgson Inc case

Idea Martyn EOUSA and Ohio Paula Newett Virginia Eastern John Paniszczyn Texas

Northern District by all members District by Brigadier General Western District by Logan

of the Native American Issues Scott Magers Acting Judge Slaughter District Counsel

Subcommittee of the AttorneyAdvocate General Department of Department of Veterans Affairs

Generals Advisory Committee for the Army Washington D.C for her Houston for his excellent

his notable achievements on excellent representation in Title representation in the successful

variety of Native American issues VII discrimination and retaliation defense of medical malpractice

case which resulted in favorable case

Kevin Matthews and Patrick jury verdict for the Army on all 28

Brady California Southern causes of action Special Assistant United States

District by Director Louis Freeh Attorney Barbara Papademetriou

Federal Bureau of Investigation for Paula Newett Larry Gregg Florida Southern District by

their efforts in the investigation into Dennis Szybala and Victim Inspector in Charge Cesa

the illegal acquisitionof the Witness Coordinator Karen United States Postal Inspection

Independence Bank in Encino Spinks Virginia Eastern District Service Miami Division for her

California by Colonel Timothy Naccarato successful handling of civil

Chief Litigation Division Office of forfeiture case

JUNE 1995PAGE 197

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Stephen Parker Tennessee Correctional Facility et p1 case Linwood Gray et p1 narcoticsWestern District by Director of involving several EEO claims caseFire Services Charles Smith City against the Federal Bureau of

of Memphis for successful Prisons William Soisson and Jamesprosecution in U.S Cortezi an King Michigan Eastern Districtarson case that resulted in the death Robert Rosenberg Florida by Administrator Thomasof four individuals including two Southern District by Jacqueline Constantine Drug Enforcementfire fighters Baker President Broward County Administration Washington D.C

Legal Secretaries Association for for their successful prosecution ofWarrington Parker III conducting Continuing Legal 52 members of the Best Friendscalifornia Central District by Education Seminar on the Federal drug conspiracy many of whomInspector in Charge Crawford Rules of Civil Procedure were involved in 18 homicidesJr United States Postal Inspection

Service Los Angeles for his Alka Sagar California Central Michael Stern and Rafaelsuccessful prosecution of an armed District by Assistant Commis- Gonzalez Michigan Easternassault case sioner Donald Vogel Internal District were presented plaques by

Revenue Service for her partici- Special Agent in Charge BernardRichard Patrick and Michael pation as speaker at the Health LaForrest Bureau of AlcoholJohns District of Arizona by Care/Insurance Fraud Conference in Tobacco and Firearms Phoenix for

Director Burrett Clay Bureau of New Orleans Louisiana their successful prosecution of 24Land Management Department of members of the Jones Organizathe Interior Phoenix for their United States Attorney Thomas tion Detroit gang whichexcellent presentations on Schneider Wisconsin Eastern

frequently resorted to contract

bankruptcy and injunctive relief at District Deputy Director for murder to carry out illegal narcoticsthe National

Training Center in Programs and Assistant Unitedtrafficking

Phoenix States Attorney Iden MartynOffice for United States Peter Strasser and Mary Jude

Rosa Rodriguez-Mera Florida Attorneys EOUSA and Ohio Darrow Louisiana EasternSouthern District by Special Agent Northern District Acting Assistant

District by Supervisory Specialin Charge James Milford Drug Director Donna Enos EOUSA Agent Richard Higgins FBIEnforcement Administration West LECC Victim-Witness Staff New Orleans for their profession-Palm Beach for her superlative Assistant Director Lynn Solien alism and legal skill in the prosecuperformance in the prosecution of EOUSA Financial Litigation Staff tion of several cases related to thePalm Beach County case that was and Attorney Advisor Peter failure of Enterprise Savings andsevered at indictment which created Coniglio EOUSA Financial Loan in Marrero Louisianatwo separate trials judges motions Litigation Staff by Director Aileen

etc Adams Office for Victims of Crime Dennis Szybala Virginiafor their assistance and advice in Eastern District by District Counsel

Vivan Rosado Florida Southern drafting the 1995 Attorney General Robert Hadley Department ofDistrict by Deputy Administrator Guidelines for Victim and Witness Veterans Affairs Roanoke for his

Stephen Greene and Chief Assistance successful defense of medicalCounsel Dennis Hoffman Drug malpractice caseEnforcement Administration Thomas Simon District of

Washington D.C for her excellent Arizona by Superintendent Herbert Special Assistant United States

representation in Enrico Verdolin vs Yazhe Canyon De Chelly Attorney Stephen StoneJanet Reno an age discrimination National Monument National Park Georgia Northern District bycase She was also commended by Service Chinle Arizona for his Assistant Counsel John RalstonChief Counsel Bruce Granger success in

prosecuting three Defense Logistics AgencyDepartment of Health and Human individuals who assaulted Federal Alexandria for reaching anServices Atlanta for her excellent park service employee acceptable settlement in collectionmotion that resulted in the court action

dismissing the Margarita Soto Barbara Skalla and Jack Geise

Caning Dr Philip Lee Dir. District of Maryland by Special Susan Tarbe Laura Bonn MagdaPublic Health Service Kathleen Agent in Charge Peter Gruden Lovinsky Nina Mandel and AlexHawk Dir. U.S Federal Bureau of Drug Enforcement Administration Angueira Florida Southern

Prisons James Michael Fitzpatrick Washington for their success- District by Special Agent in

Warden Miami Metrooolitan ful prosecution of United States Charge Kent Walker Food and

PAGE 198 JUNE 1995

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Drug Administration Miami for Honors and Awards During the first 12 months of

their significant contribution to the Operation Safe Home AUSAs

success of the Office of Criminal HUD Special Achievement Award enabled HUD to act quickly and

Investigations mission for ACE Working Group efficiently through civil remedies to

protect the rights of tenants and

Julie Werner-Simon California On April 1995 Linda Wawzenski HUD resulting in judgments or

Central District by Program District of Northern Illinoissettlements in 18 cases for over $25

Director Angela Williams U.Saccepted an award on behalf of the million Another 61 cases involving

Information Service USIS Paris ACE Working Group for theirover $57 million of equity skimming

France for her participation in the efforts in support of HUDs have since been accepted and are

USIS France Speaker Program andOperation Safe Home initiative As being pursued by AUSAs The ACE

her excellent lectures on variouspart of the Attorney Generals Working Group was also commend-

legal issues and discussions onAdvisory Committee on Financial ed for assisting in the development

comparative law and the U.SLitigation the ACE Working Group

of the strategies and plans designed

Constitution and the many Assistant Unitedto begin the assault on equity skim-

States Attorneys throughout the ming and the orientation of other

Andrew White District of nation have played key role in theAUSAs to HUD programs and

Maryland by Special Agent in success of HUDs Operation Safe problems key ingredient to the

Charge Margaret Moore Bureau of Home to crack down on civil fraudsuccess of the program

Alcohol Tobacco and Firearms in HUD-assisted housing programs

Baltimore for the outstanding

prosecution of armed career criminal______________________________________________________________

Kenneth Baron

Scott Wilkinson North Carolina

Eastern District by Special Agent

in Charge John Morley FBI

Charlotte for his successful

prosecution of United States vs

Mark Kirby Also by Michael

Mitchell Regional Inspector___________________________

General for Investigation

Resolution Trust Corporation

Atlanta Georgia for his

commendable prosecution of cases

Trust

1-IUD Inspector General Susan Gaffney lell

presents award to AUSA Linda Wawzenski right

JUNE 1995PAGE 199

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Award for Combatting Fraud in United States Attorneys personnel Kim Hall

Publicly Funded Housing awards for the time and efforts they Linda Harris

District of Maryland have given to their communities Nathan Hawkins

Tim HeaphyOn May 1995 First Assistant District of Arizona Bruce HegyiUnited States Attorney Gary Michael Bidwill Albert HerringJordan and Assistant United States Tom Hibarger

Attorney Kathleen Gavin accepted Southern District of California Eric Holder Jr

an award on behalf of the District of Shaun Alcorn Paul HowesMaryland from the Office of the Martha Armenta LTanjua Jackson-McGinnis

Inspector General Department Debra Branse lola Jenkins

of Housing and Urban Development Gricelda Covington Brenda Jones

for their work in helping to combat Gonzalo CurielTerry Keeney

fraud in publicly funded housing by Marietta Geckos Glen Kirscher

successfully prosecuting 12 Roger Haines Jr Andrew Klein

individuals as part of their Melissa Johnson Doug Klein

investigation into allegations of Patricia Lytle Carolyn Kurtzack Kolben

corruption and bribery within the Brenda Mason Pam Larsen

Housing Authority of Baltimore Polly MontanoMargaret Lawton

City The award was presented at Sylvia Rojas-Frazier Mary Lou LearyManagers Conference for HUD Dicie Rose Debra Long-DoyleInspector Generals Victoria Sellers Edith Marshall

Marcello Serrano-Gomez Steven McCool

Michelle MummInduction into the American District of Columbia Richard Nelson

College of Trial Lawyers Denise Abrahams SuZanne NylandJohn Bates Kevin Ohlson

United States Attorney James David Baum Bill OMalleyBurns Illinois Northern District Alan Boyd Leutrell Osborneand Assistant United States Attorney Marina Braswell Nancy PageDavid Miller Indiana Northern Angela Brown Channing Phillips

District were inducted into the Nancy Bukas Elizabeth Poteat

American College of Trial Lawyers Mannone Butler Shane Readon April and 1995 respectively Ralph Caccia Richard Roberts

at the spring meeting of the Martin Carpenter Steve RomanAmerican College of Trial Lawyers Ann Carroll

Latonya Rousein Amelia Island Florida The Erik Christian Dave Schertler

American College of Trial Lawyers Carol Collins-Koroma Sherri Schornsteinis professional association of Rudolph Contreras

Cheryl Sims

lawyers skilled and experienced in James Cooper DeMaurice Smiththe trial of cases and dedicated to Evan Corcoran Renate Stanley

maintaining and improving the Ken Cowgill Barbara Valliere

standards of trial practice the Dee Davis Jessica Van Landinghamadministration ofjustice and the Larry Dew Jane Weaverethics of the profession Ron Dixon Kenneth Wainstein

John Dominiquez Brad Weinsheimer

Steve Durhan Pete White

National Volunteer Week Mark Ehlers Ken Whitted

Awards Ceremony Sherri Evans Monty Wilkinson

Jay Farris Shan Ion WuOn April 28 1995 in Department Hollis Fleischer Fred Yette

of Justice National Volunteer Week Wykema Fletcher Tom ZenoAwards Ceremony held in Antonio Flournoy

Washington D.C Carol DiBattiste David Foster Middle District of Florida

Director EOUSA presented the Dan FriedmanVirginia Covington

following United States Attorneys Greg Gruber Frank Hall

office and Executive Office for Charles HallTracy Ray

PAGE 200 JUNE 1995

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District of Idaho Renee Bumb Edwin Gale

Monte Stile Scott Christie Gale James

Paula Dow Gerard Sullivan

Southern District of Indiana Mary Gladney

Linda Birdcell Lourdes Gonzales District of South Carolina

Betty Dickey Robert Hanna Marvin Jennings Caughman

Linda Van Horn Yvonne Hardy-Chrysostom Sheila Cook

Lisa Hatcher Leslie Mullins

District of Kansas Noel Hiliman Clarissa Whaley

Shirley Ackerman Mary Hunter

Debra Austin Darrick Hurd Eastern District of Texas

Michael Christensen Sherry Hutchins Madeline Badon

Phyllis Creed Roberta Klotz Wilma Ruth Blackshear

Connie Dearmond Yvette Mouton Sandra Bridges

Joan Gay Jeannie Powell Judith Ann Carter

Annette Gurney Ana Pratts Janet Dunning

Patti Korwin Lisa Russell-Charles Daryl Fields

Nedra McNeil Elizabeth Soares Princess Flanagan

Emily Metzger Millie Stovall Mary Anne Glossup

Robin Moore John Suarez Joseph Henderson

Sean Moore Constance Wall Loretta Dean Lee

Sharon Mize Stacey Williams Lenita Persohn

Randall Rathbun Amy Winkelman

Elizabeth RogersSouthern District of Texas

Robin Rowland New Mexico Guy Womack

Virginia Ruedebusch Kenneth Berry

Richard Robin Schodorf Brenda Winchester Executive Office for United States

Lori Sutton Attorneys

Chris Watney Northern District of Ohio Moreland Allen

Jackie Williams Christa Brunst Barbara Buchanan

Mary Woo William Edwards Katrina Carter

Vikki FridayRobert Kearsley

Eastern District of Louisiana Gale Ann Giera Gary Wagoner

Walter Becker Jr Thomas Gruscinski Shelia Washington

Hattie Broussard Joanne Harrison

Karen Dixon Steven Paffilas These employees spent numerous

Michael Magner Dan Poister hours volunteering with community

Richard WestlingMarion Primes service organizations and office-

Alex Rokakis sponsored activities such as the

Eastern District of Michigan John Sammon Legal Advocates in Education and

Krishna Dighe David Sierleja Partners in Education Programs

Janet Kiihr Stephen Sozio tutoring and mentoring community

Christopher Yates Phillip Tripiservice projects blood drives etc

James Wooley

Western District of MichiganIn addition the Attorney General

Mark Courtade Western District of Pennsylvania presented the Attorney Generals

Marie Jennett Mary Beth Buchanan Citizen Volunteer Service Award to

Mary Feniock Myrna Antonio-Hall and Dorothy

New JerseySaxer both of the United States

Bryan BlaneyDistrict of Rhode Island Attorneys office Western District of

Brenda Bracy Ira Belkin Pennsylvania in recognition of their

Joseph Braunreuther Stephanie Browne work on the Criminal Justice Parks

Carol Broadway Maria Branco Work Pilot Program

Thomas Brown Michael Davitt

Robin Brown-Thompson Anthony DiGioia

Colette Buchanan Sylvia Duigarian

PAGE 201JUNE 1995

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Significant Issues/Events United States Attorneys office Leaders of the MØican Mafia

Northern District of West Virginia Indicted

Appointment Mail Address Central District of California

Southern District of Alabama P.O Box 591

Wheeling wv 26003-0011 On May 1995 an indictment

On May 1995 Don Foster took charged 22 members and associates

the Presidential Oath of Office asStreet Address of the Mexican Mafia with waging

United States Attorney for the Home Building longstanding campaign of violence

Southern District of Alabama 1100 Main Street Suite 200and intimidation to collect street

Wheeling WV 26003-0011 taxes from Latino gangs throughout

Telephone number California The gang is charged

Nomination 304234-0100under the Federal Racketeer

Western District of OklahomaInfluenced Corrupt Organizations

Act for its alleged involvement in

On May 1995 President Clinton Western District of New Yorkfive murders seven conspiracies to

nominated Patrick Ryan to be the Telephone numbercommit murder and five assaults

Five of the suspects charged areUnited States Attorney for the 716551-4811

Western District of Oklahoma Ryanimprisoned 14 have been arrested

and two are being soughtwill serve as interim United States AUSA Lisa Lench

Attorney pending Senate Significant Cases AUSA Uttah Dhillon

confirmation

Computer Hacker Sentenced

Central District of California Indictment for Securities Scheme

Appointment Central District of California

Southern District of Florida On April 10 1995 self-taught

computer expert Kevin Lee PoulsenOn April 19 1995 Joseph Sevitski

AUSA Ilona Maxine Holmes was was sentenced to 51 months in was charged with 29 counts of

appointed by Governor Lawton prison and ordered to pay $58000 insecurities fraud mail fraud and

Chiles to serve as Broward County restitution for crimes which included money laundering He is accused of

Court Judge effective April 17 electronically discovering FBI using $9 million from investors

1995 Ms Holmes served as an wiretaps This sentence does notnationwide to pay expenses for his

Assistant United States Attorney for include espionage-related chargesfirm Sevitski and Associates and

the Southern District of Florida that Poulsen must face next in Sanfor his family Sevitski allegedly

since February 1991 Josepromised investors guaranteed

monthly returns on investmentsAUSA David Schindlersome as high as 140 percent based

AUSA Debra Yangon the sale of oil and gas from

Relocation of United States

Attorneys OfficesSevitski projects

AUSA Barbara ScheperSentence for Smuggling of

The following are changes in Endangered Animals into the U.SUnited States Attorneys offices Central District of California

Indictment in Telemarketing

United States Attorneys office Chinese national was sentenced in

Fraud Case

Central District of CaliforniaWestern District of Michigan District Court on April

Mail Address 1995 to 21 months in prison for

P.O Box 208 smuggling parts of endangeredLottery millionaire Carl Traina

Grand Rapids MI 4950 1-0208animals into the United States

and 13 others were indicted on April

Chang Hao An was stopped by27 1995 for allegedly using false

Street Address Federal customs agents at the Los promises of big prizes to take tens of

Suite 501Angeles International Airport in

thousands of dollars from victims all

330 lonia Avenue N.W September 1994 with suitcases over the United States Most of the

Grand Rapids MI 49503containing complete Siberian tiger

alleged victims of Trainas two

Telephone number remains theskeleton companies San Remo Sales and Nu

AUSA Nathan Hochman Tech Limited were elderly personssame

616456-2404AUSA Patricia Beaman AUSA Stephen Larson

PAGE 202 JUNE 1995

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Five Men Arrested in Boiler Room New York standard for entry into conspiracy to transport military

Operation suspects home to execute an arrest explosives they knew would be used

Southern District of Florida warrant The appellate court to commit terrorist acts The fugi

reversed holding that there was tives had been on the FBIs Ten

22-count indictment was returned sufficient cause to justify the initial Most Wanted List from April 1987

on April 21 1995 charging five entry until their surrender on December

men with running boiler room AUSA Christoper Clark 1994

operation that bilked approximatelyAUSA Anne Hayes AUSA Daniel Gillogly

200 victims of over $1000000 AUSA Deborah Devâney

According to the indictment the

defendants sold snack vendingIndictment for Firearms

machines to victim customersTrafficking to the Caribbean Massive Tax Fraud Conspiracy

throughout the United States TheSouthern District of Florida Northern District of Illinois

defendants are accused of collecting

money without delivering machinesOn April 18 1995 Federal Grand On April 12 1995 an indictment

and making false claims about theJury indicted Luis Negron on five

was returned charging John Kim

income history of the machinescounts of allegedly making false

and 13 co-defendants with engaging

AUSA Rolando Garciastatements in the purchases

ofin massive income tax fraud

firearms AK-47s and Goyco

Rodriguez on eleven firearmsconspiracy that continued over 20-

offenses that included deliveringyear period The indictment charges

Juvenile to Stand Triat as Adultfirearms to the United States Postal

that the defendants skimmed large

Southern District of FloridaService for shipment in interstate

amounts of cash from the operation

and foreign commerce withoutof martial arts schools in Chicago

notice to the carrier The firearmsMinnesota and Texas and failed toOn April 19 1995 Federal Grand

Jury returned an indictment charging were shipped via United Statesreport

the income to the IRS

two men including one juvenile Postal Service Express Mail toAUSA Helene Greenwald

with carjacking and using firearmPuerto Rico

AUSA Kaarina Salovaara

during violent crime The under- AUSA Orlando Prescott

age defendant will be tried as an

adult The men are accused of Conviction in Firearms Case

shooting and paralyzing Fraudulent Electronic Tax ReturnNorthern District of Illinois

Lauderdale Lakes man during Schemecarjacking

The prosecution Northern District of GeorgiaOn March 24 1995 jury convicted

representsthe first interest of Henrikas Malukas of attempting to

justice adult prosecution of

juvenile in the Southern District ofOn April 13 1995 Federal Grand illegally export firearms possession

FloridaJury in the Northern District of

of machine guns and possession of

AUSA Phillip DiRosa Georgia returned criminal indict-firearms while being an illegal alien

ment charging 17 personsin 54 Malukas co-defendant Arunas

count indictment involving scheme Krasauskas pled guilty to firearms

Government Prevails in Its Appealto file fraudulent electronic tax

charges on the morning of the trial

of Search and Seizure Issuereturns to generate refunds The The defendants had admitted to ATF

Southern District of Floridaindictment charges that from agents that they were attempting to

January to April 1993 the defen-buy and export thousands of guns to

On February 21 1995 the Eleventh dants filed 53 false returns claimingRussia and former Yugoslavia

Circuit Court of Appeals issued over $130000 in refundsthrough Lithuania

decision reversing the DistrictAUSA John Davis

AUSA Sheila Finnegan

Courts suppression of physicalAUSA Art Leach

AUSA Mark Hersh

evidence seized in 75-ton cocaine

case Defendant Salvador Magluta

was indicted for allegedly managing Pair on FBIs Ten Most Wanted Chicago Mobs No Man

continuing criminal enterpriseList Sentenced

Sentenced

responsible for importing and Northern District of IllinoisNorthern District of Illinois

distributing cocaine and acquiring

$2 billion in drug proceeds The On May 1995 Claude DanielJames Marcello high-ranking

District Court had suppressed vital Marks and Donna Jean Willmottmobster was sentenced on April

physical and documentary evidence were sentenced to six years and 1995 to 150 months imprisonment

based on its reading of the Pa ton three years respectively forfor his 1993 conviction on

JUNE 1995PAGE 203

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racketeering gambling loan- were charged in 74-count indict- County Jail Hattiesburg agreed onsharking and extortion charges ment with crack cocaine and heroin April 20 1995 to upgrade their

Marcello and Sam Carlisi who distribution conspiracy and fire- conditions of confinement Investiheaded the Chicago Outfit ran arms charges gations had revealed inadequate

bookmaking street tax collection AUSA Frank Lipuma medical care insufficient staffmgand juice loan operations in AUSA Patricia Holmes and improper fire safety Investiga

Chicago They and other members tions of 18 Mississippi jails wereof Carlisis crew used violence launched pursuant to the Civil

threats and intimidation to collect U.S Homecare to Pay u.s Rights of Institutionalized Persons

gambling and loan debts and to $650000 Act following series of prisoner

intimidate the owner of chain of District of Maryland suicides Ten other Mississippi jails

movie theaters Marcello Carlisi enteredagreements last year The

and two top aides agreed to forfeit On April 24 1995 it was announced Justice Department will monitor the

$550000 in illicit profits The judge that the U.S Homecare Corporationjails to ensure that they are

granted the Governments motion for New York based home health care complying with the agreements

two-level upward departure for agency will pay the Government AUSA Alford Morton NDMarcellos involvement in organized $650000 to settle allegations that AUSA John Hailman ND

crime and further enhanced his they submitted false claims to theUSA Brad Pigott SD

sentence for obstructing justice Medicare Program The Govern- DOJ Attorney David Deutsch

through filing false affidavit lyingments investigation focused on the Civil Rights Division

about his true employment and for Corporations business in Miami and

his role in the conspiracy to murder alleged that from approximately

member of the Carlisis crew to May 1993 through October 1993 CPA Sentenced for Mail

prevent him from cooperatingU.S Homecare medical records Fraud/Bank Fraud Scheme

AUSA Mark Vogelwere deficient substantial Southern District of Mississippi

percentage of the records contained

deficiencies such as forged nursesOn May 1995 CPA was

El Rukn Convicted Second Time signatures false medical sentenced to 97 months in prison

information and canned nursingand ordered to pay $5.7 million in

Northern District of Illinois

notes restitution for mail and bank fraud

On March 221995 after three-AUSA Kathleen McDermott scheme arising out of the failure of

DOJ Attorney Sara Strauss CriminalAndrew Jackson Life Insurance

week trial jury convicted formerDivision Company As President CEO and

high-ranking El Rukn leader in theowner of Andrew Jackson Life

first retrialresulting from allegations

Perry Blocker diverted millionsof misconduct by prosecutors

Conviction Under New Federal of dollars of policyholder premiumsWilliam Doyle was convicted of

Child Support Law to poor investment schemes in

racketeering conspiracy andDistrict of Massachusetts Mexican telephone company and

narcotics conspiracy Doyle was alsocabinet manufacturer Loss to the

convicted of personally killing three On May 10 1995 Michigan policyholders state guaranty fundspeople attempting to murder tWo

surgeon was convicted of willful and debenture and certificate holders

others and participating in thefailure to pay child support in the to date is in excess of $48 million

planning of other fatal shootings nations first Federal trial under the AUSA Peter Barrett

Doyle had refused to accept 20-Child Support Recovery Act of

year sentence previously offered by 1992 The evidence showed that

the Government and now faces life from October 1992 to September FACE Violation Fine

imprisonment 1993 he paid total of only $10950 Western District of Missouri

AUSA Vicki Peterson $5000 per month child support

AUSA Eddie Stephens obligation while his earnings for theOn May 1995 Regina Dinwiddie

AUSA Chris Cookperiod exceeded $225000 was ordered to pay $4739.92 in

AUSA Jeanne Kempthorne compensatory damages as result of

her violation of the Freedom of

Members of Travelers Street Access to Clinic Entrances Act of

Gang Indicted Jails Agree to Upgrade Conditions 1994 She is also prohibited from

Northern District of Illinois Northern and Southern Districts coming within 500 feet of any such

of Mississippiclinic other than to engage in

On April 19 1995 21 members of legitimate personal activity

the Traveling Vice Lords street gang Two Mississippi jails Sunflower Deputy United States Attorney

County Jail Indianola and Forrest Alleen Castellani

PAGE 204 JUNE 1995

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Immigration Fraud Guilty Verdict Former Mexican Deputy Attorney its plea agreement Cumberland

District of Nevada General Wanted in Mexico but agreed to pay fine of $2 million

Held on Currency Reporting Between 1988 and 1993 Cumber

On May 1995 Jose Velez Violation land generated approximately

national president of the League of District of New Jersey $2.9 million through false invoice

United Latin American Citizens scheme which was used for illegal

from 1990 to 1994 was found guilty Mario Ruiz Massieu former Deputy political contributions The

of 10 counts of immigration fraudAttorney General of Mexico facing contributions were made in an

Velez had conspired to file falsepending complaint in the United attempt to obtain support for the

legalization applications on behalf ofStates for failing to report approxi- continuation of the Congressional

thousands of unqualified alienmately $40000 in currency

while moratorium on the banning of

applicants and was convicted ofpreparing to fly from Newark to Saccharin key ingredient in

filing false legalization applications Madrid Spain has now been SweetN Low

on behalf of nine unqualified alienscharged in Mexico with obstructing AUSA Julie Copeland

AUSA Mike Barrjustice in connection with an

DOJ Attorney Richard Shineinvestigation into the September

Criminal Division1994 assassination death of his $1.5 Million in Civil Fraud

brother The Department of Justice Settlement

has filed provisional warrant in Eastern District of New York

Sentencing for Sexual AbuseNewark Federal Court seeking

District of NevadaMassieus extradition to Mexico On April 27 1995 the U.S obtained

AUSA Al Rivas$1.5 million civil fraud settlement

On April 26 1995 Max Weaselboy against Harris Corporation

36-year old Native American was defense contractor based in

sentenced to 97 months imprison- Man Indicted on Murder Melbourne Florida Harris had been

accused of making false statementsment for sexually abusing theWeapons and Robbery Charges

daughters of his common law wifeDistrict of New Jersey

while negotiating contracts with the

AUSA Ron Rachow United States NavyAUSA Jody Kasten

On May 15 1995 Christopher

4$ Maximum Penalty for OrthoGreen was indicted for murder

robbery and firearms charges La Quica Sentenced toPharmaceutical Corp

connection with March 1995Life in Prison

District of New Jerseyshooting at the Montclair New Eastern District of New York

Jersey Post Office Green is accused

At sentencing hearing on April 10of robbing money and other U.S On May 1995 Dandeny Munoz

1995 U.S District Court Judgeproperty

from two postal employees Mosquera was sentenced to life

William Bassler ordered Orthoand murdering them using semi- imprisonment on charges of

Pharmaceutical Corp Orthoautomatic handgun He also is racketeering conspiracy operating

wholly-owned subsidiary of Johnsoncharged with the murder of two continuing criminal enterprise and

Johnson to pay statutorypostal customers and the attempted involvement in the bombing of

maximum fine of $5 million plus murder of third postal customer Avianca flight 203 Mosquera had

$2.5 million in restitution to theExecutive AUSA Stuart Rabner been convicted in 1992 for making

Government for investigation and AUSA Carolyn Murray false statements to Federal agent

prosecution costs Ortho had been and with possessing false and

convicted of conspiring to obstruct fictitious Colombian ID card Those

justice obstructing justice andManufacturer of SweetN Low charges led to three-year investiga

corruptly persuading employees toPleads Guilty

tion linking him to the brutal

destroy documents relating toEastern District of New York murders of the Medillin Cartel

Federal investigation of the drug members members of rival

companys extensive Retin-A publicIn Brooklyn Federal District Court

narcotics organizations various

relations campaign on April 12 1995 the Cumberlandinfornnts against the Cartel and

dozens of police officers inAUSA Richard Schechter

Packing Corporation the manufac-Medellin Evidence also established

DOJ Attorney Kenneth Jostturer of SweetN Low its president

Office of Consumer Litigationthat Mosquera was responsible for

vice president five employees andthe November 1989 bombing of

contractors pled guilty to tax con-Avianca flight 203 which killed all

spiracy obstruction ofjusticeand

107 passengers and crew members

or false statement charges As part of He was also responsible for rocket

JUNE 1995PAGE 205

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attacks in Bogota including the confinement on charges of evading Con Edison Sentence $2 MillionAmerican Embassy for involvement

approximately $96000 in taxes for Southern District of New Yorkin two failed attempts to murder 1987 through 1990 Strawberryformer President George Bush and admitted that he had earned On April 21 1995 Con Edison wasfor planning and detonating bus

hundreds of thousands of dollars in sentenced to $2 million fine andbomb full of AmmoniumNitratecash from autograph signing shows three years probation for deliberatelyFuel Oil ANFO powerful and other personal appearances and concealing the release of 200 pounds

explosive which destroyed thehad intentionally failed to report the of asbestos that occurred after

headquarters of the Departmento income steam manhole explosion in theAdministrativo de Seguridad the

AUSA Carol Sipperly Gramercy Park section ofequivalent of the Colombian FBIkilling over 80 people and injuring

Manhattan U.S District Judge John

over 400 Martin also ordered that court

AUSA Cheryl PollakIndictment in Attempted appointed monitor be named to

AUSA Beth WilkinsonBombing Case insure Con Edisons compliance with

Southern District of New York the environmental rules regulations

and laws stating that the monitor

Abortion Clinic ViolenceOn April 13 1995 Ramzi Yousef was necessary because of the many

Indictmentand Abdul Hakim Murad were disturbing things he found in the

Northern District of New Yorkindicted for their alleged involve- case Con Ed pled guilty on October

ment inconspiracy and

attempt to 31 after two and half weeks of

Chairman of the Central New Yorkbomb U.S commercial airlines trial Constantine Papakrasas

Right to Life Federation John servicing air routes in the Far East former Assistant Vice President in

Arena and Chairperson of theYousef was recently extradited from charge of Con Eds Steam Opera-

Auburn New York Right to LifePakistan to stand trial on charges tions Division also entered guilty

Movement Michelle Wentworthrelating to his involvement in the plea in the case and was sentenced

were indicted on April 26 1995 on bombing of the World Trade Center to $5000 fine

Hobbs Act charges after theyMurad was turned over to United AUSA Andrea Likwornik

allegedly attacked two upstate NewStates officials on April 12 1995 in AUSA Peter Sprung

York clinics with butyric acidManila by the Government of the

Several people were overcome byRepublic of the Philippines and

vapor inhalation and requiredarrested upon his arrival in the

Alleged Leader ofPhiladelphia

hospital treatmentSouthern District of New York The Drug Gang Charged for

FAUSA Joseph Pavone superseding indictment filed March Drug Crimes

22 1995 was unsealed on April 12 Eastern District of Pennsylvania1995 and combines the new charges

Doctors Indicted in Scheme toalleging criminal activities that took On April 27 1995 Catalina Garcia

Defraud Medicare place in the Philippines with the alleged leader of North Philadel

Southern District of New York existing indictment charging Yousef phia drug gang and 33 other persons

and others with the bombing of the were charged with variety of drug

On May 1995 six defendantsWorld Trade Center Murad is not crimes for their participation in

including three physicians werecharged with the World Trade heroin and cocaine operation that

indicted for conspiring to defraudCenter bombing As part of the netted up to $4 million per year over

Medicare of$l5 million throughalleged conspiracy Yousef placed

the past 10 years According to the

false reimbursement of claims forbomb on Philippines Airline PAL indictment Garcia allowed members

medical equipmentFlight 434 on December 11 1994

of other drug gangs to sell in his

AUSA James Johnsonwhile it was enroute from Manila to territory by renting them rights for

AUSA Patrick Smith Tokyo The bomb exploded while$1000 per week

the plane was in flight killing oneAUSA Judy Smith

AUSA Michael SchwartzJapanese passenger

Baseball Star Sentenced on Tax AUSA Gilmore Childers

Evasion ChargesAUSA Michael Garcia

Health Care Fraud VerdictSouthern District of New York AUSA Lev Dassin

Eastern District of Pennsylvania

On April 24 1995 major league On May 1995 John Cociverabaseball player Darryl Strawberry owner of six defunct durable

was sentenced in White Plains medical equipment companies was

Federal Court to six months of home found guilty of 205 counts involving

PAGE 206JUNE 1995

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fraud and false claims to Medicare defendants mother allegedly INS Officer Guilty of Bribery and

He defrauded Medicare out of provided her sons with false alibies Drug Trafficking

approximately $3 million in boiler lied to the Grand Jury and stalked Southern District of Texas

room telemarketing operation that Federal witnesses One of the

delivered unnecessarymedical brothers escaped from custody and On April 12 1995 Federal Jury in

equipment to approximately 5000 is still at large Houston returned guilty verdict

elderly Medicare beneficiaries in AUSA Stephen Parkeragainst Mario Santana for conspir

about 10 mid-Atlantic and mid-West AUSA Jennifer Lawrence Webberacy to possess with intent to

states Cociveras companies were distribute cocaine and marijuana

also found guilty of mail fraud money laundering and two counts

filling false claims money Prison Escapee Sentencedof receiving bribe Santana while

laundering and structuring bank Eastern District of Texasemployed as an INS Detention

deposits to evade currency reporting Enforcement Officer at the Immigra

requirementsOn April 20 1995 Clarence

tion Detention Center in Los

AUSA Richard Barrett Robinson who was on the U.SFresnos transported cocaine and

AUSA Debra Cohn Marshals lop IS Most Wanted List

was sentenced to 345 months inmarijuana north from the Rio

prison for his escape from FederalGrande Valley area on approximate-

Indictment in Cross-Burning custody in February 1994 Robinson ly eight occasions The Government

Incident was serving five-year sentence forshowed that Santana used INS buses

District of Rhode Island possessing firearm during drugand vans to transport marijuana

trafficking crime and was awaitingloads totalling 600 kilograms for

On April 28 1995 Federal Grand sentencing for an attempted escapeJuan Antonio Ortiz and the Juan

Jury returned three-count indict- violation Garcia Abrego Organization and in

ment charging Albert Davis and AUSA David Henderson some cases transported INS

Joseph Davis of Providence with AUSA Kerry Klintworth detainees with the drugs

burning crosses in front of the AUSA Melissa Annis

residence of man in Providence in

the late night and early hours of July Funeral Home Owner Convicted

and 1993 Two other men pled of Money Laundering INS Inspector Among 14 Indicted

guilty to these 1993 cross burnings Northern District of Texas Southern District of Texas

The alleged cross burnings were the

culmination of conduct designed to On April 24 1995 Ronald Hughes10-year veteran of INS was

harass LateefSaibu and his son and Sr was convicted of money among the defendants charged on

included shouting racial slurs laundering 17-count indictmentMay 1995 in Federal indictment

stealing Saibus ATM card and charged Hughes and his co-with alleged conspiracy and posses-

threatening to assault him Saibu defendants with participating insion with intent to distribute more

was forced to move out of his home scheme to hide millions of dollarsthan ton of marijuana The indict

AUSA Edwin Gale which they knew came from the sale

DOJ Attorney Steven Dettelbach of illegal drugs The judge alsoment charges that the defendants as

Civil Rights Division ordered Hughes to forfeitpart of the Marco Torres narcotics

$4.9 million in cashorganization used torture and

AUSA Rose Romeromurder to enforce discipline and

Family Members Charged with AUSA Michael UhIinhibit competition The indictment

Murderalso includes criminal forfeiture

Western District of Tennesseeclaim against two ranches feed lot

dance hall and other property

On April 21 1995 five defendantsThe Assistant United States alleged to have been acquired with

including three brothers theirAttorneys responsible for the proceeds of the drug trafficking

mother and family friend wereHouston Business-woman operation

indicted on charges of conspiracy toConvicted of Fraud case AUSA Te Clark

violate the Hobbs Act by means ofsummary Southern District

robbery murder arson conspiracyof Texas reported in the

to obstruct justice and use ofMay 1995 issue of the Civil Suit Filed Against Koch

Industries and Its Subdivisionsfirearm during crime of violence

USAB should have been

The indictment charges that thereported as Larry Eastepp Southern District of Texas

victims were murdered after theyQuincy Ollison and Bill

On April 27 1995 The Departmentsurprised the defendants in the act of

Yahner

stealing trailer full of mussel shells of Justice the Environmental

from the victims home The

JUNE 1995PAGE 207

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Protection Agency and the United Major Fraud for Concealing Cost of victims were defrauded withStates Coast Guard announced

Savings respect to the purchase of pizzacivil suit filed against Kansas-based Southern District of Texas

vending machines BonnieR WolfKoch Industries and several of its

Richard Norton Bryan Laniersubdivisions for unlawfully dis- On May 1995 Houston Federal and Christopher Howard werecharging millions of gallons of oil Grand Jury indicted Stewart and charged with conspiracy wire andinto the waters of Kansas Stevenson Services Inc the mail fraud and money-launderingOklahoma Texas Louisiana

corporations president and others AUSA Daniel Bell II

Missouri and Alabama The actionin six-count indictment alleging AUSA Kathleen Kahoe

charges that since 1990 Koch andthat the defendants conspired to DOJ Attorney Marie ORourke

its subsidiaries were responsible fordefraud the United States and made Criminal Division

more than 300 oil spills thatfalse material statements to an

occurred primarily as result ofagency of the U.S According to the

breaks in gathering lines caused byindictment Stewart and Stevenson Indictment for Threatening Callscorrosion

ONeal McFarland Edson and Eastern District of WashingtonAUSA Gordon Speights YoungHardy conspired with Runion whoDOJ Attorney Angela OConnellat the time of the alleged offenses On April 11 1995 Federal GrandEnvironment and Natural Resourceswas employed with prime con- Jury indicted Daniel Adam MathisonDivisiontractor on U.S Air Force contract for allegedly making threateningto obtain subcontract to build phone calls to an anti-abortion

power generating systems for thecounseling service in WenatcheeFormer INS Inspector Pled Guilty

Royal Saudi Arabian Air Force Washington The indictment alsoto Briberunder the Peace Shield program charged him with calling andSouthern District of Texasmaterial change was made which

threatening to shoot demonstrators

Ernest Rivas pled guilty onallegedly resulted in several million outside abortion clinics

dollar cost savings which was not AUSA Robert EllisMay 1995 to receiving at least

returned to the U.S under the terms$33000 in exchange for allowing

loads of marijuana to cross into theof the contract

AUSA Al BalboniUnited States at Hidalgo Texas

AUSA Don DeGabrielle

AUSA Michael Shelby

Two Sentenced for Conspiracy

to Transport Minors Across EXECUIi\TETelemarketing Operators State Line

Charged with Fraud Eastern District of Virginia OFFICEFORSouthern District of Texas ILJN ST.A.TESOn April 14 1995 John Walling

Seventeen individuals were arrested and Donna Jones were sentenced ATTOPdN1EYSand indicted on April 20 1995 as to 135 months imprisonment and

result of Federal investigations into $150 special assessment for charges

telemarketing operations in Houston of conspiracy to transport children EOUSA Staff UpdateOne indictment charges Samuel across state lines for child

Deblasio and 13 others with 26prostitution and sexual activity Mary Jude Darrow an Assistant

counts of mail and wire fraud AUSA Mark Hulkower United States Attorney for theconspiracy and money laundering

Eastern District of Louisiana hasAccording to the indictment 2500

joined the staff of the Office ofpeople were defrauded out of more 108-Count Felony Telemarketing Legal Education on one-yearthan $2 million through mail fraud

Indictment detailscheme The other indictment

Eastern District of Virginiacharges Houston businessman

Donna Everett an Assistant UnitedMorris Sylvester and three others On April Il 1995 Federal Grand States Attorney for the Centralwith operating fraudulent tele-

Jury in Alexandria returned 108- District of California on detail willmarketing scheme that allegedly

count felony indictment in United now be serving as the ACEcollected approximately $230000States District Court against four

Coordinator for EOUSA and will actfrom victims during six-monthnorthern Virginia residents accused

as liaison to the Native Americanoperationof helping run multi-state telemar- Issues Subcommittee of the AttorneyAUSA Mary Jane Harmonketing fraud scheme in which scores Generals Advisory Committee

PAGE 208 JUNE 1995

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Nick Gess Assistant United States EOUSA to Provide Court since October 1994 be

Attorney for the District of Maine Assistance to Moscow reported immediately through your

who has been at EOUSA on detail local case management systems

with the Counsel to the Director is

Training InstituteEOUSA will use this information to

now working in the Office of provide reports to the Attorney

Legislative AffairsDick De Haan EOUSAs National

General and others on enforcement

Advocacy Center Project Manager actions in this area If you have

Eileen Gleason Assistant Unitedand Tom Majors from the Office of

questions please contact Sharon

States Attorney for the EasternLegal Education will participate as Hopson or Patti Ostrowski

District of Louisiana is scheduledteam members in program to 202616-6919 or Email

to begin one-yeardetail with the

provide technical assistance to the AEXO2SHOPSON or

Office of Legal Education onInstitute for Training the Managing AEXO2POSTROWSRanks of the General Procuracy of

June 12the Russian Federation in Moscow

where senior Russian prosecutors Security EducationYvonne Makell EOUSAs Assistant

are trainedDirector for Equal Employment Materials

Opportunity has announced herThe team is under the auspices of

Assistant Director Paula Nascaretirement from EOUSA and from

distinguished career in the Federalthe American Prosecutors Research EOUSA Security Programs Staff

GovernmentInstitute APR an affiliate of the

sent all United States Attorneys

National District Attorneys offices copies of workplace violence

Association and provides assistancematerials to assist offices inMonte Stiles Assistant United

States Attorney for the District ofto APR in training techniques conducting security education and

Idaho has joined the staff ofcourse planning and management awareness training for employees

use of audiovisual aids etc Because violence in the workplace is

Counsel to the Director EOUSAon five-month detail

increasing in the form of threats

In February 1995 during the firstassaults stalkings sabotage car

Audrey Williams past Editor of thephase of this project four bombings and homicides managers

Bulletin has retired after serving 25representatives of the Institute are asked to be more sensitive to

yearsin the Department of Justice

visited the United States and signs which may indicate that an

observed training practices at the employee may become violent

Audrey spent seven of those years

with the Executive Office for UnitedOffice of Legal Education and Copies of video Workplace

visited the U.S Attorneys office in Violence The Risk from WithinStates Attorneys as Editor of the

the Eastern District of Virginia In discusses observable signs such as

BulletinMay 1995 Mr De Haan participated changes in productivity or social

in series of presentations for interaction and emotional behavior

Sentencing Guidelinesfaculty and management personnel

and describes methods for managing

at the Institute in Moscow Mr such behavior and defusing potential

SoftwareMajors will accompany second problem situations Other materials

team of instructors in September of included in the security package for

new version of the sentencing this yearavoiding or coping with violence in

guidelines software ASSYST the Federal workplace include

Version 2.Oa and the usersbooklets on avoiding rape

and

manual has been loaded on the Case Management Updatesexual assault càping with threats

EOUSA Bulletin Board BBS This and violence how to be streetwise

version eliminates some problemsand safe and carjacking Copies of

Reporting Criminal Cases and

that were experienced with VersionMatters Filed Under The Child

these materials and the video are

available from your SecurityIf you have access to the BBS

Support Recovery Act of 1992

you can download this softwareProgram Manager or by calling

yourself or see your system In memorandum to all United

Sharon Adrian EOUSA Security

Programs Staff 202616-6878 If

manager for assistance If you haveStates Attorneys the Case

there Pe questions or concernsquestions please contact Carol

Management Staff of EOUSA hasabout an employees behavior

Sloan Office Automation EOUSArequested that all criminal

please contact EOUSAs Security202616-6969 cases/matters filed under the Child

Programs Staff 202514-4024 or

Support Recovery Act CSRAKathy Young EOUSAs Employee

1992 18 USC 228 including thoseAssistance Program Justice

which are classified as PettyManagement Division 202514-3194

Offenses and filed in Magistrate

JUNE 1995PAGE 209

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Post-Traumatic Stress -Sense of Vulnerability Insurance FEGLI open enrollment

-Emotional Hypersensitivity period from May 22 throughUnderstanding the

-FearJuly 21 1995 This will allow

Syndrome-Sorrow and Grief employees who have previously

Anger waived or cancelled coverage toThe trauma of the bombing in

-Low Frustration Tolerance have the opportunity to enrollOklahoma City has been felt-Guilt however covered employees are

throughout the nation People-Feelings of Loss not permitted to add to their existing

everywhere have been wondering-Feelings Of Helplessness levels or options of

coverage duringwhy and many United States-Avoidance this time Contact your Administra

Attorneys office employees havetive staff if you have any questionsbeen contacting the Employees

In coping with the aftermath ofAssistance Program EAP asking

traumatic incident it is helpful to

Why is this affecting me sotalk about the event as often as you EOUSA FEDEX and I/Oprofoundly By definitionlike Find family friends and co- Vision Systems Worktraumatic event is suddenworkers that are good listeners and

Together to Remove Barrierunexpected happening that mayspend time with people who are

cause intense emotional feelingssupportive Contact EAP for

The EOUSA Personnel Staffan event outside of the range ofsupport After traumatic event try

employs visually-challengednormal day-to-day experiences

to keep your daily life as normal as

secretary who is able to read Emailspossible It may even be helpful to

and electronically transmittedResponses to traumatic incidents cantry to structure your time and

correspondence However onebe categorized as followsinclude time to relax exercise and

obstacle for her has been carbon-seteat properly It is important to

forms such as those from FedExPhysical symptoms includingcontinue things that you enjoy and

that must be typed on standard-Shock

to watch the use of alcohol andelectronic typewriters After-Sleep Disturbance

drugs as many people may try to

consulting with manager at FedEx-Restlessnessnumb the pain Most importantly

about the problem it was discovered-Fatigue/Exhaustionremember that reacting to

that there is software package for-Change in Appetitetraumatic event is normal It may

commercial users Fedex Ship-Hyper-vigilancehelp to remember that seemingly

that works with the JAWS software-Inability to Relaxabnormal reaction to an abnormal

application The EOUSA Personnel-Physical Discomfortsituation is completely normal

Staff has agreed tà be part of testTriggers which are stress reactions

of FedExs Government servicesChanges in thought patternsthat occur after the event may

version of this software in June Theincludingcontinue for some time.and

United States Attorneys Bulletin-Disbelief

individuals may continue to react to

staff will be following this article-Flashbacks

media articles anniversaries of the

with news about the Government-Nighnaresevents etc

services version of the sovare in-Intrusive recollections

future issues For more information-Self-blame

For helpful information about iost-please contact Assistant Director

-Sense of losstraumatic stress syndrome or if you

Gail Williamson EOUSA-Violent fantasieswould like to talk about the impact

Personnel 202616-6873-Memory difficultiesof the bombing on you please

-Concentration problemscontact Kathy Young EAP

-Difficulty making decisions202514-3194

Email Etiquette Tips-Fearful guilty or angry thoughts

-Increased worry

At the recent United StatesOpen Season for FederalAttorneys Conference in San

Emotional reactions including

Employees Group LifeAntonio the United States

-Emotional numbness

InsuranceAttorneys office from the Northern

-Anxiety

District of Georgia shared list of-Depression

-Irritability The Office of Personnel Manage- etiquette tips for Email users-Withdrawal ment OPM has announced

copy is attached as Appendix-Loss of Motivation Federal Employees Group Life

PAGE 210 JUNE 1995

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Office of Legal Educatin

OLE Publications Project Update

The OLE Publications Branch published its first book Capital Litigation in the Federal Courts The book was

given to attendees at the Death Penalty Conference in Dallas in May and was published electronically through

the use of an automated legal research program USABook OLE will be mailing out library copies of the death

penalty books to each United States Attorneys office for placement in law libraries

At the Environmental Crimes Conference in San Antonio in May the Publications Branch handed out second

database containing hundreds of summaries of environmental crimes cases The summaries were prepared by

ECS Trial Attorney Herb Johnson

The latest version of the USABook program new data files and the text of Capital Litigation in the Federal

Courts in WordPerfect format can all be downloaded from the OLE Publications Conference and File Section

on the EOUSA Bulletin Board System BBS Use TELUS or similarcommunications program to dial one of

the eight BBS numbers 202616-6668 6669 6670 6671 6672 6673 6674 or 6675 After logging in type

and then 28 to join the OLE Publications Conference Then select from the main menu to view the files

We will update you on new publications through the Bulletin Please contact David Nissman 202616-5210 if

you have quality materials for inclusion in our publications Guidelines for submissions are available on the

EOUSA BBS

Office of Legal Education Projected Courses

James Hurd Jr Director OLE is pleased to announce projected course offerings for the months of June through

September 1995 for the Attorney Generals Advocacy Institute AGAI and the Legal Education Institute LEIlist of these courses follows

AGA

AGA provides legal education programs to Assistant United States Attorneys AUSAs and attorneys assigned to

Department of Justice DOJ divisions Courses listed on page 213 are tentative however OLE sends Email

announcements to all United States Attorneys offices USAOs and DOJ divisions approximately eight weeks prior to

the courses

LEI

LEI provides legal education programs to all Executive Branch attorneys paralegals and support personnel LEI also

offers courses designed specifically or paralegal and support personnel from USAOs indicated by an OLE funds

all costs for paralegals and support staff personnel from USAOs who attend LEI courses Approximately eight weeks

prior to each course OLE sends Email announcements to all USAOs and DOJ divisions requesting nominations for

each course Nominations are to be returned to OLE via FAX and then student selections are made

Other LEI courses offered for all Executive Branch attorneys except AUSAs paralegals and support personnel are

officially announced via mailings to Federal departments agencies and USAOs every four months Nomination forms

are available in your Administrative Office or attached as Appendix They must be received by OLE at least 30 days

prior to the commencement of each course Notice of acceptance or non-selection will be mailed to the address typed in

the address box on the nomination form approximately three weeks before the course begins Please note that OLEdoes not fund travel or per diem costs for students attending LEI courses except for paralegals and support staff

from USAOs for courses marked by an

JUNE 1995 PAGE 211

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Office of Legal Education Contact Information

Address Bicentennial Building Room 7600 Telephone 202616-6700600 Street N.W FAX 202616-7487

Washington D.C 20530

Director James Hurd Jr AUSA Virgin Islands

Deputy Director David DownsAssistant Director AGAI-Criminal Dixie Morrow AUSA MDGAAssistant Director AGAI-Criminal Angel Moreno AUSA SDTXAssistant Director AGAI-Civil and Appellate Tom Majors AUSA WDOKAssistant Director AGAI-Asset Forfeiture and

Financial Litigation Kathy Stark AUSA SDFLAssistant Director LEL Donna Preston

Assistant Director LEI Janet Craig AUSA SDTXAssistant Director LEI-Paralegal and Support Donna Kennedy

PAGE 212 JUNE 1995

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AGAI COURSES

June 1995

Date Course Participants

5-9 Advanced Civil Trial AUSAs DOJ Attorneys

6-8 Advanced Bankruptcy AUSAs DOJ Attorneys

6-9 Advanced Narcotics AUSAs DOJ Attorneys

12-20 Criminal Trial Advocacy AUSAs DOJ Attorneys

13-15 Affirmative Civil Enforcement AUSAs DOJ Attorneys

19-23 Criminal Federal Practice AUSAs DOJ Attorneys

20-22 Second Circuit Asset Forfeiture Component AUSAs DOJ Attorneys

27-30 Public Corruption AUSAs DOJ Attorneys

July 1995

11-14 Violent Crime AUSAs DOJ Attorneys

17-21 Advanced Criminal Trial AUSAs DOJ Attorneys

17-2 Ninth Circuit Asset Forfeiture Component AUSAs DOJ Attorneys

18-21 Advanced Evidence Civil AUSAs DOJ Attorneys

August 1995

1-4 Evidence for Experienced Litigators AUSAs DOJ Attorneys

7-15 Criminal Trial Advocacy AUSAs DOJ Attorneys

15-17 Alternative Dispute Resolution AUSAs DOJ Attorneys

15-17 Third Circuit Asset Forfeiture Component AUSAs DOJ Attorneys

1-9/1 Civil Trial Advocacy AUSAs DOJ Attorneys

22-24 Criminal Chiefs USAO Criminal Chiefs

29-3 First Assistant United States Attorneys USAO First Assistants

September 1995

6-8 Civil Rights AUSAs DOJ Attorneys

7-8 ARPA Asset Forfeiture AUSAs DOJ Attorneys

11-19 Criminal Trial Advocacy AUSAs DOJ Attorneys

12-15 Civil Federal Practice AUSAs DOJ Attorneys

26-29 Basic Asset Forfeiture AUSAs DOJ Attorneys

JUNE 1995 PAGE 213

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LEI COURSES

June 1995

Course Participants

1-2 Agency Civil Practice Attorneys

Statutes and Legislative Histories Attorneys Paralegals

6-7 Freedom of Information Act for Attorneys and Access Professionals Attorneys Paralegals

Privacy Act Attorneys Paralegals

6-8 Advanced Bankruptcy Attorneys

12-16 Civil Paralegal USAO Paralegals

20-22 Discovery Attorneys

23 Advanced Freedom of Information Act Attorneys Paralegals

27 Legal Writing Attorneys

28-30 USA Secretaries Seminar USA Secretaries

28-30 Attorney Supervisors Attorneys

July 1995

6-7 Alternative Dispute Resolution Attorneys

10-14 Basic Paralegal USAOs USAO Paralegals

11-12 Federal Acquisition Regulations Attorneys

12-13 Freedom of Information Act for Attorneys and Access Professionals Attorneys Paralegals

14 Privacy Act Attorneys Paralegals

21 Legal Writing Attorneys

24 Ethics and Professional Conduct Attorneys

24-28 Appellate Paralegal USAO DOJ Paralegals

31-8/8 Financial Litigation Paralegal Seminar USAO Paralegals

August 1995

14 Fraud Debarment and Suspension Attorneys

14-18 Legal Support Staff USAO Paralegals

17-18 Evidence Attorneys

21-22 Federal Administrative Process Attorneys

23 Introduction to Freedom of Information Act Attorneys Paralegals

28-9/1 Experienced Legal Secretary USAO Legal Secretaries

September 1995

Appellate Skills Attorneys

11 Statutes and Legislative Histories Attorneys

12-14 Environmental Law Attorneys

13-15 Attorney Supervisors Attorneys

13-15 Bankruptcy for Support Staff USAO Paralegals

26 Computer Assisted Legal Research Attorneys Paralegals

27 Computer Acquisitions Attorneys Paralegals

28 Ethics and Professional Conduct Attorneys

28 Computer Law Attorneys

29 Legal Writing Attorneys

PAGE2I4 JUNE11995

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DEPARTMEN1I Civil Division that he was entitled under equal

protection to obtain the same relief

OF JUSTICE Mortgage Corporation to Paythat has been accorded to New York

$6.3 Million in Claims State residents in settlement of

__________________________________recent class action Stieberger

HIGHLIGHTSOn March 31 1995 the Department Sullivan 738 Supp 716

of Justice agreed to accept $6.3 S.D.N.Y 1990 801 Supp 1079

million from First Union Mortgage 1992 The Fifth Circuit held that

Antitrust DivisionCorporation FUMC Charlotte

Torres was not similarly situated to

North Carolina in settlement of those class members because he did

Antitrust Suit Challenges claims concerning FUMCs not reside in the Second Circuit

Microsofts Purchase of Intuit improper origination of home This decision helps to establish the

mortgage loans guaranteed by the important principle that when relief

$2 billion deal planned by Department of Veterans Affairs is given in geographically limited

Microsoft Corporation to buy Intuit VA Between September 1984 and class actions even in settlement

Inc which includes Quicken the March 1986 in Colorado Springsthat relief is limited to class

leader in personal finance software Colorado and between March 1987 members and will not later have to

was challenged on April 27 1995 and May 1989 in Atlantic Beach be providednationwide

when the Antitrust Division filed Florida FUMC employees recorded Attorneys William Kanter

suit in U.S District court in San false information regarding 202514-4575

Francisco to block the merger on the borrowers on applications and Frank Rosenfeld202514-0l68

grounds it would likely lead to related forms necessary to obtain

higher prices and lessened innova- loans guaranteed by the VAtion in the personal finance software Numerous loans went into default as East Food Liquor mcmarket Intuits Quicken is the result of these false statements

United States

leading personal finance software causing the VA to lose severalNo 94-1902 March 29 1995

and the top selling home personal million dollars under its loan Cir N.D Ill

computer software product andguarantee program

FOOD STAMPSMicrosofts Money is the number Attorney David Long DE NOVO REVIEW

two personal finance competitor In 202307-04551994 these companies accounted for East Food Liquor Inc was

more than 90 percent of personal disqualified for four years by Illinois

finance software sales in the U.S Universal Propulsion Settles from participating in WIC

Attorney Michael Bailey Contract Disputefederally funded nutrition program

202307-6200 No 93-2280 April 17 1995 run by the States After full

Cir D.Ariz administrative hearing the state

found that the store had violated

International Dealer Charged with Universal Propulsion Company WIC regulations The store later

Collusive Bidding military contractor will pay the sought de novo review in Federal

United States $1 million to settle court The Seventh Circuit held that

William Barrett Numismaticsallegations that it overcharged the the state agency findings precluded

Limited Canadian Corporation Government for labor in manufac- federal de novo review

was charged April 1995 withturing rocket catapults The Defense Attorneys Robert Greenspan

collusive bid rigging in connection Criminal Investigative Service 202514-5428

with November 1990 auction Phoenix investigated the matter Edward Himmelfarb 202514-3547

involving the sale of old and rare Attorney Richard Vartain

banknotes proofs and specimens 202307-0195from the archives of the American Bailor Salvation Army and

Bank Note Company United States

Attorneys John Greene Torres ShalalaNo 94-2660 April 1995

212264-0650 No 93-9001 March 30 1995 Cir N.D mdPatricia Jannaco 212264-0660 Cir N.D Tex FEDERAL TORT CLAIMS ACT

Juliette Tugander 212264-0657 CLASS ACTIONSSOCIAL SECURITY Bailor was assaulted by an escapee

EQUAL PROTECTION from halfway house operated by

the Salvation Army under contract

Tones sought judicial review of with the Federal Bureau of Prisons

denial of Social Security disability BOP Bailor sued the Salvation

benefits His principal claim was Army for common-law negligence

JUNE 1995 PAGE215

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and the BOP under the Federal Tort Civil Rights Division Criminal Division

Claims Act FTCA The district

court granted the Salvation Armys New Criminal Section Chief United States vs Beech Aircraft

motion for summary judgment and Q11lthe Governments motion to dismiss Richard Roberts Principal

for lack of jurisdiction The Seventh Assistant United States Attorney in After two year investigationCircuit affirmed It rejected the

Washington D.C was named Chief Beech Aircraft was charged and pledclaim against the Salvation Army of the Criminal Section of the Civil guilty on May 12 1995 to makingbecause the charity had little control

Rights Division on May 1995 false statements to the United States

over the prisoner could not reason- Mr Roberts succeeds Linda Davis resulting in fines and sanctions

ably foresee the attack and needed who was nominated by President totaling more than $1 million Beech

flexibility in its work as matter ofClinton for position on the D.C failed to notify the Government of

public policy The court further heldSuperior Court subcontractors use of Egyptian

that the Government was liablelabor and wrongfully billed the

neither for its own alleged negli- Government for the cost of that

gence in releasing the prisoner to theSignificant Cases labor

halfway house nor vicariously forAttorney Peter Loewenberg

the Salvation Armys actions TheUnited States Brown 202616-2557

BOPs own actions were protected No 92-6546 Mar 21 1995by the discretionary function Cir M.D.Tennexception to the FTCA The U.S Jose Tosado-Torres.

Salvation Armys alleged negligence The defendant was convicted of

was not deemed attributable to thebeing an accessory after the fact to

BOP because the charity was an the shooting of synagogue and On April 17 1995 car dealers Jose

independent contractor not BOPmaking false statements before Tosado-Torres and Felix Valentin

employee grand jury The court first found that each were sentenced to 21 months of

Attorneys Robert Greenspanproperty rights other than ownership imprisonment in connection with

202514-5428 are protected by Section 1982 scheme involving money-launderingWilliam Cole 202514-4549

including the use of property The and currency transaction reporting

court further rejected the argument violations They are among nine

that the Government had set individual defendants and three

Clark Widnall Secretary of theperjury trap in inviting him before corporate defendants indicted in

Air Force the grand jury Finally the court Operation Big Ticket which

No 94-1208 April 1994 held that the search of his apartment targeted car and boat dealerships in

Cir Col did not violate the Fourth Puerto Rico that accepted illegal

ARMED FORCES Amendment cash proceeds from drug traffickers

Attorneys Sam Bagenstos for the purchase of big ticket items

The Air Force paid for two years of 202514-2174 such as luxury cars and boats ToDr Clarks medical education in Tom Chandler 202514-3728 date 11 defendants have been found

return for his agreement to serve onguilty The final defendant is

active duty for three years Then toawaiting trial

further its need for certain U.S vs American Family Mutual Attorneys Bruce Pagel

specialists the Air Force deferred Insurance Co 202514-0917Clarks service so he could complete Frank Rebollo 809749-4378an approved residency When Clark On March 30 1995 the American

instead pursued an unapproved Family Mutual Insurance Companyresidency in plastic surgery

the Airagreed.to pay over $16 million for United States Lee Chagra et al

Force called him to active duty Theallegedly refusing to insure African

Tenth Circuit upheld the Air Forces American homes and for providing On April 26 and May 1995

action Clarks contract was other African Americans with eleven of the fourteen defendants

unambiguous in giving the Air Force inferior policies This is the first convicted in United States Lee

the sole authority to excuse ClarkJustice Department action against an Chagra et al were sentenced to

from his military duties insurance company under the terms of imprisonment ranging from

Attorneys Barbara Biddle Federal Fair Housing Act months to 20 years The

202514-2541Attorneys Robert Berman conspiracy involved distributors and

Robert Kamenshine 202307-3100 sources of supply in Pennsylvania

202514-2494 Susan Barbosa-Fisch Florida and Texas who distributed

202514-3539 in excess of 200 kilograms of

Timothy Moran 202514-3510 cocaine and 1000 pounds of

PAGE 216 JUNE 11995

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marijuana between 1988 and 1993 of Mercedes Benz Cables is First Prosecution Under EPALee Chagra Jr the chief source alleged to have received the Environmental Justice Initiative

of supply for pipeline of cocaine gratuities from Theodore US Herman Parramore Jr.

and marijuana from El Paso to Prakope who was president of etal

Pittsburgh was sentenced to 20 Barren Island Marina concession

yearsand fine of $50000 operated under contract with the In the first criminal prosecution

Attorneys Philip Urofsky National Park Service Prakope has under the Environmental Justice

202514-3910 previously pled guilty to giving Initiative Herman Parramore

AUSA Margaret Picking gratuity to Cables Jr entered felony guilty pleas to

Attorneys Nancy Newcomb the knowing illegal discharge of

202514-1458 untreated acidic substances into

Surety Bond Scheme David Katz 202514-0626 public sewer system and storage of

vast quantities of hazardous wastes

On April 24 1995 Steven Jones without permit Parramore and his

pled guilty to an information Guilty Plea for Accepting Payoffs company Sogreen Corporation

charging him with one count of were indicted on October 1994

conspiracy in connection with On April 1995 Phillip for violations stemming from fire

fraudulent surety bond scheme McLaughlin former bank officer at the plant causing the evacuation

Jones and his co-conspirators forged who was working under contract of 75 nearby residents The facility

deeds conveying vacant properties with the FDIC pled guilty to is located in residential area in

which were then used as collateral accepting approximately $40000 in Tifton Georgia and within blocks

for surety bonds sold to Federal payoffs from businessmen Joseph of public school

Government contractors Jones also Maguire and Daniel Hanson In Attorney AUSA Miriam Duke

gave grossly inflated appraisals for return for the payoffs Hanson and Middle District of Georgia

the properties Maguire received lucrative FDCAttorney Joel Leising contracts to repossess

and manage

202514-0626 assets of the failed Bank of New US Ketchikan PuIn Comnanv

England

Attorneys AUSA Joseph Savage Ralph Lewis president of KPCNigerian Letter Scam

Districtof Massachusetts entered guilty pleas on behalf of the

Marcia lsaacson 202514-1808 corporation to one CWA felony for

On April 25 1995 in the third the knowing discharge of pollutants

Federal prosecution arising out of to United States waters and 14 CWAschemes of this type jury Environment and Natural misdemeanors for negligent dis

convicted Henry Achiekwelu on all Resources Division charge all in violation of its NPDESnine counts in an indictment permit The plea agreement includes

charging him with wire fraudHercules Inc. et al

$3 million penalty $1.75 million

Achiekwelu defrauded EER suspended In April 1990 during

Systems Inc Virginia aerospace Under consent decree filed onone week maintenance downtime

contractor of nearly $4.4 million byApril 18 1995 in the District

KPC knowingly discharged waste-

offering EERs president share ofCourt in Wilmington Delaware 31

water and solids from the mills

$28.5 million the defendant claimedbusinesses will share in the cost of

primary clarifier From January 16

to have obtained illegally from thedecontaminating toxic waste site

1991 through December 31 1993

Nigerian Governmentat an estimated cost of $33.5 million

KPC negligently discharged

Attorneys Nicole HealyIn addition they will reimburse the

magnesium oxide from sewer

202514-0248Superfund $4.3 million and the State

manholes on 14 occasions

Patrick Donley 202514-0626of Delaware $196000 for

responseAttorneys AUSA Timothy Burgess

District of Alaskacosts The defendants also agreed to

pay future response costs estimatedECS Charles De Monaco

Indictment for Receivingat $1.2 million and pay all costs of

202272-9879Gratuities ECS Rick Filkins 202272-5799

Department of Justice enforcement

since April 1988On April 27 1995 Herbert

AttorneysCables Jr former Deputy Director

AUSA Patricia Hanniganof the National Park Service was

District of Delawareindicted for receiving gratuities

Robert Miller 202514-4797including $2200 in cash and the use

Cathy Rojko 202514-4797

JUNE 11995 PAGE217

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US Steve Czarnecki Iii Office of Justice Programs Office of Violence AgainstCollier Oil Women

Open Lines of Communication

For guilty plea to making false and Collaboration Director Campbell Visits Mainestatements to the U.S Air Force

Steve Czarnecki former supervisor At the direction of the Attorney On April 19 1995 Director Bonnie

at Collier Oil was sentenced to four General Marlene Beckman of the Campbell Office of Violence

months in prison $5000 fine and Office of Justice Programs OJP Against Women visited Maine to

$4250 in restitution Collier Oil will Office of the Assistant Attorney announce $426000 in Federal grants

be sentenced on similarplea on General has launched an initiative to for Maine to raise awareness of

May 31 Czarnecki subcontractor better inform United States violence against women and to

hired by Collier Oil was caught byAttorneys about the activities of OJP warn of efforts in Congress to cut

agents of the FBI and the Air Force and expand lines of communication the Crime Bills violence against

Office of Special Investigations and collaboration As part of this women funds She announced that

dumping petroleum wastes fromeffort an OJP staff member has Maine was close to qualifying for

Maxwell Air Force Base into been assigned to each United States $426000 STOP grant Services

ravine in rural area near ClantonAttorneys office USAO as the Training Officers and Prosecutors

Alabama Czarnecki and Collier Oilpoint of contact for OJP and United

to hire law enforcement prosecu

certified to the United States AirStates Attorneys have been tors and victims services personnel

Force that the waste had beenrequested to appoint individuals

to address violence against women

recycled at the Collier Oil Company within their offices to maintain anThe grants could be used to pay for

Attorneys AUSA David Allred ongoing flow of informationcrisis centers counselors and

Middle District of Alabama between OW and the USAOs As anvictims advocates police and

ECS John Smeltzer 202272-9859introduction OJP liaisons have sent

prosecutors to specialize in domestic

violence or sexual assault domesticletters to United States Attorneys

violence hot-lines or lighting for

including the PAVNET Resourceunsafe streets parks and pathsUS Mark Henry and Robert Guide and the PAVNET Online

_____________Questions should be directed to theLaFlamme Users Guide OJP has requested that

Violence Against Women officeUnited States Attorneys provide the

202307-602616-count indictment was returnedOffice of Juvenile Justice and

against Mark Henry and RobertDelinquency Prevention OJJDP

LaFlamme charging them withwith information regarding juvenile

Violence Against Women Actmail fraud conspiracy and

justice and youth violence issuesSTOP Grants

transportation of hazardous waste to This information will help OJJDP to

an unpermitted facility in violationgain local perspective on the

Applications under the Violenceof RCRA The indictment alleges problems facing communities assist

Against Women Act for the STOPthat Henry and LaFlamme defrauded

in their effort to prevent and reduceServices Training Officers and

companies individuals and thecrime and violence help OJJDP

Prosecutors grants were recentlyState of Massachusetts of more than

with program planning for nextmailed to contacts designated by the

$1 million by promising to recycle fiscal year and allow them to use Governor in each State Each State

oil contaminated soil and failing to information regarding programs or will receive $25000 for Fiscal Yeardo so by promising to recycle soil laws that may impact ongoing 1995 as soon as its completed appliand failing to recycle the soil and initiatives that could be shared with cation is returned to the Violence

by failing to pay the state ofother localities Please contact Against Women Program office and

Massachusetts the hazardous waste Katherine Deoudes OJJDP if you approximately $400000 as soon as

transporter fee due when oilhave items of interest 633 Indiana an implementation plan is received

contaminated soil was not recycled Avenue NW Washington D.C These funds are for this fiscal year

Attorneys ECS Steve Herm 2053 lor fax 202514-6382 If you only additional funds will become

202272-9847 have questions or suggestions available on October

ECS Jeremy Korzenik regarding issues that you would like

2022725798 to see addressed through this STOP is block grant to the state

partnership please contact Marlene which in turn disburses subgrants

Beckman 202307-5933 to appropriate state/local entities

PAGE 218 JUNE 11995

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Contacts designed by each Governor Bank Fraud Case that the prosecutor had acknowledg

are the only applicants who can ed the impropriety of the remark

apply for these funds Because the On April 28 1995 in the District during oral argument on appeal

money cannot be disbursed until the Court for the Southern District of In an interview with OPR the

application is received by OJP California ajury acquitted Donald Assistant described the remark as the

districts are encouraged to submit DeLoux of two counts of bank result of lack of concentration

their applications to OJP as soon as fraud and one count of making false and as momentary lapse He

possible Please contact the Office of statements on bank loan applica- admitted that he had erred and he

Justice Programs Violence Against tion DeLoux was the President explained that the United States

Women Program Office Chief Financial Officer and owner Attorney and the First Assistant

202307-6026 for further of DeLoux Schools of Cosmetology United States Attorney had counsel

information DSC which was engaged in the led him on the matter Due to the

business of operating chain of 18 Assistants candor with OPR and the

cosmetology schools and selling Court his lack of previous mis-

Tax Division wholesale beauty products through- conduct the counseling he had

out California DeLoux was acquit- received and the chastening by the

United States CFI Fabricators ted of allegedly devising scheme to Court OPR saw no need for

of Utah Inc obtain $550000 in loan proceeds additional action and closed its

Nos 94-4034 94-4035 and from California bank by submit- inquiry

94-4036 April 27 1995 Cir ting false loan applications and

BANKRUPTCY EXCISE TAXfailing to inform the bank of all

outstanding loans and the true status Grand Jury ProceedingsIn decision filed on April 27 1995 of DSCs participation in Federally Deliberations of Grand Jurythe Tenth Circuit affirmed the

sponsored educational financial aid

adverse judgment of the districtprograms The foreman of grand jury told the

court in United States CFIAttorneys Thomas Klumper prosecutor that the grand jury had

Fabricators of Utah Inc The 202616-3795 decided not to return an indictment

primary issue was the proper Richard Pietrofeso 202514-8204 in routine case in which there

bankruptcy priority of the excise taxappeared to be substantial evidence

imposed pursuant to Code Sectionof crime After discussing the

4971 on the underfunding ofsituation with his supervisor the

pension plans The Governmentprosecutor returned to the grand jury

suggested that the court hear theand inaccurately reported that the

case en banc to reconsider Jnjsupervisor had asked him to

Cassidv 983 F.2d 161 10th Cirdetermine why the grand jury had

1992 in which the court had held ETHICS .TDrefused to indict so that the case

that for purposes of priority of PROFESSIONIA.L could be presented to second granddistribution bnkruptcy courts may

jury in such way as to obtain andisregard the fact that Congress JRESPONSIBI

indictmentcalled something tax and treat it

as penalty if that is its true natureThe members of the first grand jury

The court declined to reconsiderOPR Case Summaries asked the prosecutor to give them

Cassidy and held that it was boundadditional instructions and

by the decision to treat the Section

4971 tax as penalty because itsTrial Conduct Opening explanations of the law The grand

Statements Vouching for jury then returned an indictment

purpose was to penalize rather than

Witness The prosecutor subsequentlyto raise tax revenues This holding is

admitted misunderstanding thein conflict with In re Mansfield Tire

and Rubber Co 942 F.2d 1055Court of Appeals criticized an instructions of the supervisor and

Cir 19910 cert denied 112 S.Ct AUSAs opening statement in acknowledged that it was inappro

1165 1992 The court of appealsmoney-laundering trial The priate to ask the grand jury to reveal

also affirmed the subordination ofAssistant told the jurythat

the substance of its deliberations

the 4971 tax to other generalcooperating Government witness The prosecutor received an oral

unsecured claims under principleshad testified in an earlier case in reprimand for the inappropriate

of equitable subordination codified which the G9vernment had secured conduct

in Bankruptcy Code 10c conviction The Court concluded

Attorneys Keimeth Rosenberg that the Assistant had improperly

202514-1919 vouched for the witness but noted

Gary Gray 202514-3005

JUNE11995 PAGE219

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Other Developments in invoke the privilege to protect the An attorney has no ethical duty to

Professional Responsibilityidentity of client or information inform an opposing party that her

regarding fee arrangements if disclo- clients claim is time-barred to the

Grand Jury Subpoena Identitysure would convey information that contrary it may well be unethical to

part of the usual privileged commu- the clients consent The ethics rules

of Clients Fee-Payerordinarily would be conceded to be disclose such information without

The United States Court of Appealsnications between lawyer and do not preclude an attorney from

for the Ninth Circuit in Railsclient negotiating with an opposing party

United States 9th Cir No 94about civil claim that may not be

16344 April 1995 quashedThe court noted that the Fifth Circuit susceptible to judicial enforcement

grand jury subpoena issued tohas held that if the disclosure of the because the statute of limitations has

criminal defense lawyer thatclients identity also reveals the run

required him to divulge the identity

confidential purpose for which he

of the person who paid the lawyershas consulted an attorney both the An attorney in this situation

fee to represent another clientconfidential communication and the however must be careful not to

involved in the same criminalclients identity are protected as make any affirmative misrepresenta

activity The court found that theprivileged In contrast however the tions about the facts showing that

identity of the fee payer and the feeattorney-client relationship does not the claim is time-barred or suggest

arrangements in this particular caseexist where the attorney acts as that she plans to do something to

were inextricably intertwined withmere conduit for the transfer of enforce the claim which in fact she

confidential communications and money has no intention of doing While an

therefore fell within the attorney-attorney is not ethically obligated to

client privilegeIn this case the court determined reveal to opposing counsel the fact

that the identity of the fee payer and that her clients claim is time-barred

Synopsis of Opinion Stephen Railsthe fee arrangements were in the context of negotiations she

criminal defense lawyer was paidinextricably intertwined with does have an obligation to inform

by clientlfee-payer to representconfidential communications and her own client of this fact and of the

defendant Philip Bonnette Bonnettefell within the attorney-client likelihood that the action will be

was arrested with another defendantprivilege According to Rails sealed defeated if the defendant realizes

in connection with their attempt toaffidavit the fee-payer sought Rails that the statute has run and asserts

transport approximately 300 poundsadvice regarding his involvement in this defense

of cocaine from Arizona tothe crime for which Bonnette was

California The Government laterarrested Further the fee-payer paid Further the ABA Committee

issued grand jury subpoena tofor Bonnettes legal fees in the

veryconcluded that it is generally not

Rails seeking to discover the identity

same matter that gave rise to the violation of the ethics rules to file

of the person who hired Rails theattorney-client relationship time-barred lawsuit so long as this

amount of money paid the methodDisclosure of the fee-payers does not yioiate the law of the

of payment and other informationidentity therefore would expose the releyant jurisdiction As long as the

concerning the fee Rails moved tosubstance of confidential commun- attorney makes no misrepresenta

quash the subpoena The districtication between the attorney and the tions in pleadings or orally to the

court ordered Rails to testifyfee-payer the court concluded The court or opposing counsel she has

regarding the fee-payers identitysubpoena was quashed in its breached no ethical duty towards

and fee arrangements but held that entirety either

all other conversations between

Rails and the fee-payer wereThe Committee also found no basis

privileged Rails refused and wasDisclosure to Opposing Party in the ethics rules for reaching

held in contempt and appealedStatute of Limitations different result simply because an

attorney represents the government

The court of appeals noted that theThe American Bar Association in acivil matter The government

attorney-client privilege does notCommittee on Ethics and attorney in these circumstances has

generally safeguard against theProfessional Responsibility issued the same ethical obligations to her

disclosure of either the identity offormal opinion which deals with government client and to the court as

the fee-payer or the fee arrangementwhether an attorney must disclose to does an attorney representing

The attorney-client privilege appliesan opposing party and the court that private client

only to confidential communicationsthe statute of limitations has run

and the payment of fees is usuallyFormal Opinion 94-387 Disclosure

incidental to the attorney-clientto Opposing Party and Court That

relationship narrow exceptionStatute of Limitations Has Run

applies that allows an attorney toSeptember 26 1994

PAGE 220 JUNE 1995

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Updated Prosecutorial Misconduct the complainants hearing The attorneys handle complex or

Monographs Ninth and Eleventh supervisory attorney will report sensitive matters directly on occaCircuits directly to the Complaint sion and share responsibility for

Adjudication Officer for final personnel fiscal and other adminis

Updated monographs on prosecu- review be responsible for reviewing trative matters affecting the Section

tonal misconduct from the Ninth the work of five or six attorneys and The post requires extended hours

Circuit and the Eleventh Circuit are be responsible for handling some of and moderate amount of travel

now available from Professional his/her own cases as well

Responsibility Officers in each The Employment Litigation Section

United States Attorneys office and Applicants must possess J.D ELS is responsible for enforcing

the litigation divisions degree be an active member of the Title VII of the Civil Rights Act of

bar in good standing any jurisdic- 1964 with respect to state and local

If readers are aware of similar tion and have at least three years of governments The ELS also defends

monographs on prosecutorialpost-J.D experience Prior manage- Federal agencies in Federal court

misconduct written by the attorneysment experience will be considered actions challenging implementation

but is not essential No telephone of nondiscrimination and affirmativein your office please send them to

calls please Applicants must submit action provisions related to Federalthe Professional Responsibility

resume or current OF-6 12 contracting such as the ExecutiveAdvisory Board via Email

Optional Application for Federal Order 11246 program The ELS hasPROLThIE and to the OLE

Employment to diverse practice in district courtsPublications Branch

throughout the country includingDNISSMAN for use in futureU.S Department of Justice cases initiated through internal ELS

publicationsCivil Rights Division investigations or referrals from other

10th and Pennsylvania Aye N.W Federal agencies often with

Room 5718 complex trials and negotiated

Washington D.C 20530 settlements It brings both individual

cases and complex pattern or

Current SF- 171 Application for practice cases that frequently

Federal Employment will still be involve the use of statisticians labor

CAREEJR accepted as well This position is economists and testing experts

open until filled but no later thanOPPORTUN June 16 1995 Current salary and Applicants must possess J.D

years of experience will determine degree be an active member of the

the appropriate salary level from bar in good standing any U.S juris

GS-14 $60925-$79200 to GS-15 diction and have minimum ofCivil Rights Division $71664-$93l66 The U.S four years of post-J.D experience

Experienced Attorney for Department of Justice is an Equal Candidates should also possess

Complaint Adjudication Opportunity/Reasonable Accommo- superior writing skills as well as

Office dation Employer It is the policy of thorough knowledge of Title VII

the Department of Justice to achieve case law employment testing

drug-free workplace and persons principles and Federal court civil

The Office of Attorney Personnelselected will therefore be required trial practice No telephone calls

Management U.S Department ofto pass urinalysis test to screen for please Applicants must submit

Justice is seeking an experiencedillegal drug use prior to final current resume or OF-612 Optional

attorney for the position ofapproval Application for Federal Employ-

Supervisory Attorney in thement recent writing sample

Complaint Adjudication Officeunedited by others and currentC`O Civil Rights Division in

Civil Rights Division performance appraisal if applicableWashington D.C The C`O is

responsible for rendering the Employment Litigation postmarked by June 1995 to the

address below current SF-171Departments final decisions in Section/Deputy Chief

Application for Federal Employ-complaints of discrimination filed by ment will still be accepted as wellemployees of and applicants to the The Office of Attorney Personnel

Department on the basis of race Management of the U.S Department U.S Department of Justice

color religion national origin sex of Justice is seeking an experiencedCivil Rights Division

age or disability in hiring promo- attorney for the position of Deputy p.o Bx 65310tion discipline and other aspects of Chief of the Employment Litigation

Washington D.C 20035-53 10the employment process These Section in the Civil Rights Division ATTN ELS-DEPcomplaints have been processed

in Washington D.C The incumbent

through various steps of the Depart-will assist the Section Chief and two

Salary will be set in the GS-15 rangements equal employment opportun-

other Deputy Chiefs in the supervi-currently $71664 to $93166 The

ity program including counseling sion of the activities of staff of U.S Department of Justice is an

investigation and at the option of approximately 55 including 25Equal Opportunity/Reasonable

JUNE11995 PAGE221

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Accommodation Employer It is the Responsibilities include representing newly created one-attorney branch

policy of the Department of justice INS in exclusion deportation and office in Youngstown Ohio

to achieve drug-free work place rescission proceedings before Applicants should be experienced in

and persons selected will therefore Immigration Judges often involving criminal matters and also have the

be required to pass urinalysis test detained aliens most of whom have ability to handle basic high volume

to screen for illegal drug use prior to committed criminal offenses civil litigation such as foreclosures

fmal appointment representing the INS before bankruptcy etc Applicants must

administrative law judges in possessexcellent courtroom skills

employer sanctions and civil and be able to demonstrate research

Executive Office for United document fraud cases providingand writing ability

States Attorneys Detail to legal advice and training to the

Border Patrol Agents and providingThe position will be servicing

Legal Programs Stafflitigation support to United States various criminal agencies and

Attorneys offices on immigration newly dedicated Federal courthouse

The Legal Programs Staff of therelated cases housing United States District

Executive Office for United StatesJudge United States Magistrate

Attorneys is seeking an AssistantApplicants must possess J.D Judge and United States

United States Attorney AUSA withdegree be an active member of the Bankruptcy Judge The Youngstown

background in financial litigation bar in good standing any jurisdic- Division of the Northern District of

for six-month to one year detail in

tion and have at least one year of Ohio will handle litigation arising in

Washington D.Cpost-J.D legal experience Appli- four counties in the northeasterfl

cants must submit resume law corner of the State of OhioThe AUSA will work closely with

school transcript if the J.D degree

Special Counsel to the Attorney was received within the past five In the future the position will also

General Gerald Stern The AUSAyears and an indication of entail handling litigation from

will be primarily involved in thepreferred locations to 2100 prisoner Federal prison which

Departments participation in theis being constructed in Elkton Ohio

Administrative Office of UnitedGregory Ball approximately 30 miles southwest of

States Courts development of theDistrict Counsel Youngstown

National Fine Center project TheOffice of the District Counsel

detail will include coordination ofUnited States Immigration and Preference in the selection process

the training and implementation Naturalization Service will be accorded to applicants with

phases of the project throughout the Box 34178 strong academic credentials at least

United States and will provide an San Antonio Texas 78265-4 178 two years of progressivelyexcellent opportunity to become

responsible litigation experience

familiar with variety of criminal No telephone calls please and demonstrated ability to work

collection enforcement issuesApplications must be postmarked independently with minimum of

by June 1995 Current salary and supervisory oversight Candidates

If you are interested please sendyears of experience will determine who are not members of the Ohio

resume and letter outlining your the appropriate salary level from the Bar must be eligible for admission

experience and interests to IdenGS-l $35578 to $46249 to the by reciprocity or sit for the Ohio Bar

Martyn at AEXO2IMARTYN ThisGS-14 $59920 to $77893 range examination within reasonable

should be accompanied by letterThe United States Department of time Salary will be determined by

from your United States Attorney Justice is an Equal Opportunity the level of experience of the

endorsing the detail If you have any Reasonable Accommodation selected candidate Applicants must

questions please call Mr MartynEmployer It is the policy of the submit current resume and their

2026166444Department to achieve drug-free latest SF-SO Notification of

workplace and persons selected will Personnel Action if applicable to

be required to pass urinalysis test William Edwards First Assistant

Immigration andto screen for illegal drug use prior to United States Attorney 1800 Bank

Naturalization Service final appointment One Center 600 Superior Avenue

Experienced Attorneys East Cleveland Ohio 44114-2600

as soon as possible The UnitedGS-11 to GS-14

United States Attorneys States Department of Justice is an

The Office of Attorney Personnel Office Equal Opportunity/Reasonable

Accommodation Employer II is the

Management U.S Department of Northern District of Ohiopolicy of the Department to achieve

Justice is seeking experienceddrug-free workplace and persons

attorneys for general attorney The United States Attorneys Officeselected will be required to pass

positions with the Immigration and for the Northern District of Ohio is

urinalysis test to screen for illegal

Naturalization Service INS Borderseeking an experienced criminal

drug use prior to final appointmentPatrol Sector offices in Laredo prosecutor to fill position in the

Texas and Del Rio Texas

PAGE 222 JUNE 1995

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APPENDIX

ADMINISTRATION COUNTERTERRORISM LEGISLATION

FACT SHEET

May 1995

On February 1995 the President transmitted to the Congress the Omnibus

Counterterrorism Act of 1905 On May 1995 the President transmitted to Congress

the Antiterrorism Amendments Act of 1995 Together these bills represent

concerted effort to improve the governments ability to detect both foreign and domestic

terrorism

Major provisions of these bills would

Provide clear Federal criminal jurisdiction for any international terrorist attack

that might occur in the United States

Provide Federal criminal jurisdiction over terrorists who use the United States as

the place from which to plan terrorist attacks overseas

Provide workable mechanism utilizing U.S District Court Judges appointed by

the Chief Justice to deport expeditiously alien terrorists without risking the

disclosure of national security information or techniques

Require the Treasury Department to study the inclusion of taggants microscopic

unique particles in standard explosive device raw materials to permit tracing the

source of those materials after an explosion whether common chemicals used to

manufacture explosives can be rendered inert and whether controls can be

imposed on certain basic chemicals used to manufacture other explosives

Require the Treasury Department to promulgate regulations regarding the

inclusion of taggants in explosives and impose felony criminal penalties on those

who possess or sell explosives which they know do not contain taggants

Implement an international treaty requiring the insertion of chemical agent into

plastic explosives when manufactured to make them detectable

Expand Federal jurisdiction over cases involving bomb threats

Expand existing Racketeering statutes to include terrorist acts as legal predicates

Expand the current authority of the military to investigate and perform other law

enforcement functions in cases involving nuclear materials to cases involving

chemical and biological weapons Only the military has the specialized expertise

and equipment to handle these materials and civilian law enforcement is at

substantial disadvantage as result

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Apply the same legal standard in national security cases that is currently used in

routine criminal cases for obtaining permission to track telephone traffic with

pen registers and trap and trace devices Pen registers are devices which

report the telephone number dialed Trap and trace devices report the

telephone number from which call originates Caller ID Neither device

records or permits law enforcement to listen to the actual conversation which is

taking place

Permit access to financial and credit reports in antiterrorism cases as is currently

permitted with bank records in such cases to permit law enforcement to track

the source and use of funds by suspected terrorists

Expand the existing laws which punish those who assault or murder certain

federal employees Under existing law only limited categories of federal

employees are covered Under the Administration proposal all federal employees

and members of their immediate families including members of the uniformed

services are covered

Enable law enforcement agencies to use formal written requests from the FBI to

obtain records critical to terrorism investigations from hotels motels common

carriers storage facilities and vehicle rental facilities These same records are

all available to the FBI in routine criminal cases through the grand jury subpoena

process

Expand the authority of law enforcement agencies to conduct electronic

surveillance within existing constitutional safeguards The expansion would

Permit the FBI to obtain emergency wiretaps for no more than 48 hours

in certain national security cases thus permitting the FBI to obtain the

more complicated court order yet not lose valuable evidence while the

court order is sought Approval for such an order would come from

either the Attorney General or the Deputy Attorney General This is the

same emergency authority which now exists for law enforcement in

routine criminal investigations

Eliminate burdensome and unnecessary requirement of multi-point or

roving wiretaps multi-point or roving wiretap permits federal

agents to wiretap those criminals and terrorists who utilize modern

technology to switch from telephone line to telephone line and has been

successfully used since 1986 However existing law requires proof that

the criminal or terrorist is switching phone lines for the express purpose

of evading surveillance Although this may reasonably be inferred in most

cases it is difficult to prove and not required under the Constitution The

change will not expand the types of situations in which multi-point or

roving wiretap may be used only the number of such cases

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Eliminate the statutory but not constitutionally-required provision of law

which requires the suppression of evidence in wiretap cases when even the

most technical mistakes occur The amendment would substitute the

existing constitutional standard which applies to all other warrants namely

that suppression only occur when there is bad faith demonstrated on the

part of law enforcement

Criminalize the possession of stolen explosives material

Require minimum mandatory sentence of imprisonment of 10 years for those

who sell or otherwise transfer firearms or explosives with the knowledge that the

firearms or explosives will be used to commit crime of violence

Provide source of funds for the digital telephony bill passed by Congress last

session ensuring court-authorized law enforcement access to electronic

surveillance of digitized communications

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DIXEMAIL ETIQUETTE AND TIPS

from the

United States Attorneys Office

Northern District of Georgia

DO NOT USE ALL CAPS When you type in all caps IT IS DISTRACTING AND MAKESYOUR MESSAGE READ LIKE YOU ARE SHOUTING Unless you want to emphasize your

message or otherwise express some urgency please AVOID ALL CAPS

Use URGENT ASAP etc sparingly Use discretion when sending messages identified as

URGENT1 ASAP etc These messages should be sent only in true emergencies Basically avoid

crying wolf too often

Create personal groups Create personal groups to send Emails e.g divisions sections Many

messages sent to system-wide groups only apply to narrow group of office members System-wide

messages take lot of time to send and bog down the system

Send system-wide messages during off hours Because system-wide messages bog down the

system please send them only before work after work or during lunch unless there is real rush

We have all experienced the futility of trying to use Email when our screen is frozen as system-wide

messages are being delivered

Use Emails to the world sparingly As with system-wide Emails sent in-house Emails sent out

over the Wide Area Network DOJ and all U.S Attorney offices tie up lot of equipment and

resources Use such Emails sparingly and first get approval from the First Assistant U.S Attorney

or the U.S Attorney

Do not abuse the privilege of sending out Emails Emails relating to office functions births and

other matters of office interest may be included in Emails but be mindful that such messages

generally should be sent during nonworking or lunch hours

Cool off before responding If an Email message makes you angry consider cooling off and not

pressing the reply key immediately rash word in writing can come back to haunt you especially

if it is redistributed electronically or printed out

Make replies clear When you receive message needing response consider responding more

completely than yes/no to avoid confusing the original sender who may not recall precisely what

message he or she sent If you prefer to send the less time-consuming yes/no reply consider hitting

the key to forward the message back to the sender as an attachment Then the sender can simply

tab for reminder of the original message he or she sent

Send messages in English The system sends WordPerfect documents in unreadable Sanskrit-like

format unless you save it in 4.2 before sending it If you are unfamiliar with the 4.2 saving process

check with the systems manager All attachments should be sent in English unless you want to send

them in Sanskrit for security purposes

Use your cc and bce options To avoid retyping the same message over and over remember

you can always press Shift F3 to send copy or blind copy to someone If you are receiving

message also remember that you can press the key to find out who else was copied

Never send classified information on Email Ever

Beware of privacy concerns Do not put anything on e-mail that would embarrass you or the office

if it appeared in tomorrows headlines In this age of creative discovery and computer hackers you

can never be assured that your private communications will remain private

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APPENDIX

CUMULATIVE LIST OF

CHANGING FEDERAL CIVJL POSTJUDGMENT INTEREST RATES

As provided for in the amendment to the Federal postjudgment interest statute 28 U.S.C 1961 effective October 1982

Effective Annual Effective Annual Effective Annual Effective Annual

Date Rate Date Rate Date Rate Date Rate

01-12-90 7.74% 06-28-91 6.39% 12-11-92 3.72% 05-27-94 5.28%

02-14-90 7.97% 07-26-91 6.26% 01-08-93 3.67% 06-24-94 5.31%

03-09-90 8.36% 08-23-91 5.68% 02-05-93 3.45% 07-22-94 5.49%

04-06-90 8.32% 09-20-91 5.57% 03-05-93 3.21% 08-19-94 5.67%

05-04-90 8.70% 10-18-91 5.42% 04-07-93 3.37% 09-16-94 5.69%

06-01-90 8.24% 11-15-91 4.98% 04-30-93 3.25% 10-14-94 6.06%

06-29-90 8.09% 12-13-91 4.41% 05-28-93 3.54% 11-11-94 6.48%

07-27-90 7.88% 01-10-92 4.02% 06-25-93 3.54% 12-09-94 7.22%

08-24-90 7.95% 02-07-92 4.21% 07-23-93 3.58% 01-06-95 7.34%

09-21-90 7.78% 03-06-92 4.58% 08-20-93 3.43% 02-03-95 7.03%

10-27-90 7.51% 04-03-92 4.55% 09-17-93 3.40% 03-03-95 6.57%

11-16-90 7.28% 05-01-92 4.40% 10-15-93 3.38% 03-31-95 6.41%

12-14-90 7.02% 05-29-92 4.26% 11-17-93 3.57% 04-28-95 6.28%

01-11-91 6.62% 06-26-92 4.11% 12-10-93 3.61%

02-13-91 6.21% 07-24-92 3.51 01-07-94 3.67%

03-08-91 6.46% 08-21-92 3.41% 02-04-94 3.74%

04-05-91 6.26% 09-18-92 3.13% 03-04-94 4.22%

05-03-91 6.07% 10-16-92 3.24% 04-01-94 4.51%

05-31-91 6.09% 11-18-92 3.76% 04-29-94 5.02%

Note For cumulative list of Federal civil postjudgment interest rates effective October 1982 through December

19 1985 see Vol 34 No 25 of the United States Attorneys Bulletin dated January 16 1986 For

cumulative list of Federal civil postjudgment interest rates from January 17 1986 to September 23 1988 see Vol 37

No 65 of the United States Attorneys Bulletin dated February 15 1989 For cumulative list of Federal civil

postjudgment interest rates effective October 21 1988 through December 15 1989 see Appendix of Vol 43 No

of the United States Attorneys Bulletin dated January 1995

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APPENDIX

UNITED STATES ATTORNEYS

DISTRICT U.S ATTORNEY DISTRICT U.S ATFORNEY

ALABAMA MD REDDING Pill MARYLAND LYNNE BATFAGLIAALABAMA ND CARYL PRIVETI

ALABAMA SD DON FOSTER MASSACHUSETFS DONALD STERN

ALASKA ROBERT I3UNDY MICHIGAN ED SAUL GREENMICHIGAN WD MICHAEL DETFMER

ARIZONA JANET NAPOLITANO

MINNESOTA DAVID LILLEHAUGARKANSAS ED PAULA CASEY

ARKANSAS WD PAUL HOLMES III MISSISSIPPI ND ALFRED MORETON III

MISSISSIPPI SD BRAD PIGO1TCALIFORNIA CD NORA MANELLACALIFORNIA ED CHARLES STEVENS MISSOURI ED EDWARD DOWD JRCALIFORNIA ND MICHAEL YAMAGUCHI MISSOURI WD STEPHEN HILL JRCALIFORNIA SD ALAN BERSIN

MONTANA SHERRY MATrEUCCICOLORADO HENRY SOLANO

NEBRASKA THOMAS MONAGHANCONNECTICUT CHRISTOPHER DRONEY

NEVADA KATHRYN LANDRETHDELAWARE GREGORY SLEET

NEW HAMPSHIRE PAUL GAGNONDISTRICT OF COLUMBIA ERIC HOLDER JR

NEW JERSEY FAITH HOCHBERGFLORIDA ND MICHAEL PATIERSON

FLORIDA MD CHARLES WILSON NEW MEXICO JOHN KELLYFLORIDA SD KENDALL COFFEY

NEW YORK ND THOMAS MARONEYGEORGIA ND KENT ALEXANDER NEW YORK SD MARY JO WHITEGEORGIA MD JAMES WIGGINS NEW YORK ED ZACHARY CARTERGEORGIA SD HARRY DIXON JR NEW YORK WD PATRICK NeMOYER

GUAM FREDERICK BLACK NORTH CAROLINA ED JANICE MCKENZIE COLENORTH CAROLINA MD WALTER HOLTON JR

HAWAII STEVEN ALM NORTH CAROLINA WD MARK CALLOWAY

IDAHO BETFY RICHARDSON NORTH DAKOTA JOHN SCHNEIDER

ILLINOIS ND JAMES 13 BURNS OHIO ND EMILY SWEENEYILLINOIS SD CHARLES GRACE OHIO SD EDMUND SARGUS JRILLINOIS CD FRANCES HULIN

OKLAHOMA ND STEPHEN LEWISINDIANA ND JON DeGUILIO OKLAHOMA ED JOHN RALEY JRINDIANA SD JUDITH STEWART OKLAHOMA WD PATRICK RYAN

IOWA ND STEPHEN RAPP OREGON KRISTINE OLSONIOWA SD DON NICKERSON

PENNSYLVANIA ED MICHAEL STILESKANSAS RANDALL RATHBUN PENNSYLVANIA MD DAVID BARASCH

PENNSYLVANIA WE FREDERICK THIEMANKENTUCKY ED JOSEPH FAMULAROKENTUCKY WE MICHAEL TROOP PUERTO RICO GUILLERMO GIL

LOUISIANA ED EDDIE JORDAN JR RHODE ISLAND SHELDON WHITEHOUSELOUISIANA MD L.J HYMEL JR

LOUISIANA WD MICHAEL SKINNER SOUTH CAROLINA PRESTON STROM JR

MAINE JAY McCLOSKEY SOUTH DAKOTA KAREN SCHREIER

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UNITED STATES ATTORNEYS Cont

DISTRICT U.S ATTORNEY DISTRICT U.S ATFORNEY

TENNESSEE ED CARL KIRKPATRICK VIRGINIA ED HELEN FAHEY

TENNESSEE MD JOHN ROBERTS VIRGINIA WD ROBERT CROUCH JR

TENNESSEE WD VERONICA COLEMANWASHINGTON ED JAMES CONNELLY

TEXAS ND PAUL COGGINS JR WASHINGTON WD KATRINA PFLAUMER

TEXAS SD GAYNELLE GRIFFIN JONES

TEXAS ED MICHAEL BRADFORD WEST VIRGINIA ND WILLIAM WILMOTHTEXAS WD JAMES DeATLEY WEST VIRGINIA SD REBECCA BElTS

UTAH SCOU MATHESON JR WISCONSIN ED THOMAS SCHNEIDER

WISCONSIN WD PEG LAUTENSCHLAGERVERMONT CHARLES TETZLAFF

WYOMING DAVID FREUDENTHALVIRGIN ISLANDS RONALD JENNINGS