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Problem-Solving Courts: Alternatives for Communities and Offenders
November 12th, 2009 Posted by

The following post appears courtesy of the National Institute of Justice and the Bureau of Justice Assistance.

You may have heard about problem-solving courts such as drug courts, which have been in use since the early 1990s and are intended to combine drug treatment and court monitoring to help offenders stay out of prison and avoid repeating their offenses.

Since the first drug court was launched in Dade County, Florida in 1989, at the height of the crack cocaine epidemic in Miami, drug courts have received enormous public attention and acclaim. This is for good reason: drug courts are viewed by many scholars as one of the most successful criminal justice innovations in the last 25 years, and have attracted bipartisan support, along with millions of dollars from Congress.

Their success has inspired other innovation which you may be less familiar with.   For example, another type of problem-solving court — community courts — are neighborhood-focused courts that attempt to harness the power of the justice system to address local problems, including drug possession, shoplifting, vandalism and assault.

Like drug courts, community courts link addicted offenders to judicially-monitored drug treatment. But they typically handle a broader caseload (for example, all misdemeanors in a given set of neighborhoods) and make use of a broader array of mandates, including job training and community restitution. Community courts strive to create new relationships with diverse stakeholders such as residents, merchants, churches and schools. They also test new and aggressive approaches to public safety rather than merely responding to crime after it has occurred.

The first community court in the U.S. was the Midtown Community Court, launched in 1993 in New York City by the Center for Court Innovation. Some three dozen community courts, inspired by the Midtown model Red Hook Community Justice Center, are currently in operation around the U.S. and a number of others are being planned.

Some evidence suggests community courts can achieve significant results with drug-addicted defendants. For example, in a research study conducted at the Midtown Community Court, re-arrest rates dropped sharply among individuals who completed more than 90 days of court-ordered drug treatment. Additionally, Midtown saw street prostitution drop 56 percent within 18 months of the court’s opening and unlicensed vending was down 24 percent. At the end of 2007, Red Hook’s police precinct was recognized as #1 in New York City for the largest reduction in major crime over the previous two-year period. The New York Police Department credited three things: their own tactics, the community, and the Justice Center.

Another positive result of the court is reflected in the opinion of the court by defendants and citizens. In a recent survey, 85 percent of Red Hook defendants felt that their case was handled fairly, and 93 percent felt that the judge treated them fairly. In Red Hook, approval ratings of courts increased from 13 percent just prior to opening to a 78 percent approval rating for the Justice Center in a recent community survey.

The Department of Justice will continue to support and pursue innovative methods to effectively fight crime and keep our neighborhoods safe. Community courts have proven a remarkably effective way to do just that, and are a perfect example of the successes possible when law enforcement agencies and community leaders work together.

More information about problem solving courts is available  here and here.

Honoring and Serving America’s Veterans
November 10th, 2009 Posted by

On a day meant to honor the service and sacrifice of America’s veterans, we wanted to highlight a handful of service member-specific initiatives at the Justice Department.

The Justice Department’s Civil Rights Division works to protect the rights of those who have protected us – America’s veterans – by enforcing laws that defend their employment, voting and financial security rights. The Uniformed Services Emplovment and Reemployment Rights Act (USERRA), the Uniformed and Overseas Citizen Absentee Voting Act of 1986 (UOCAVA), and the Servicemembers Civil Relief Act (SCRA) are three laws, enacted by Congress, to protect the rights of service members.

Employment Rights

The Uniformed Services Emplovment and Reemployment Rights Act (USERRA) is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. The law also protects servicemembers from discrimination in the workplace based on their military service or affiliation.

The Civil Rights Division has filed 20 lawsuits under USERRA in 2009. Enforcement of this law is a top priority of the Division and the Department. For a catalog of USERRA cases, as well as other actions the Department has undertaken on behalf of veterans, visit: http://www.servicemembers.gov/cases.htm

Voting Rights

The Uniformed and Overseas Citizen Absentee Voting Act of 1986 (UOCAVA) was enacted by Congress in 1986. It requires that states and territories allow certain groups of citizens to register and vote absentee in elections for Federal offices. U.S. citizens covered by UOCAVA include members of the U.S. Uniformed Services and merchant marine; their family members; and U.S. citizens residing outside the country.

In October, U.S. District Court Judge Richard L. Williams ruled in favor of a Department complaint that Virginia violated the voting rights of American military personnel and other overseas citizens by failing to mail absentee ballots in sufficient time for them to be counted in the Nov. 4, 2008, general election. Williams declared that Virginia’s failure to mail more than 2,000 absentee ballots at least 30 days prior to the election violated UOCAVA and wrote in his ruling: “The right to vote means a right to cast a ballot that will be counted.”

Financial Security

The Servicemembers Civil Relief Act of 2003 (SCRA) is a federal law that provides protections for military members as they enter active duty. It covers issues such as rental agreements, security deposits, pre-paid rent, eviction, credit card interest rates, mortgage foreclosure, insurance and tax payments.

In September, the Department announced the settlement of its first landlord-tenant case under SCRA. The Department filed a lawsuit on behalf of Colonel Debra Bean, a highly decorated member of the Armed Forces, who currently serves as Vice Commander for the 78th Air Base Wing at Robins Air Force Base in Georgia. The lawsuit alleged that Bean’s former landlord failed to return prepaid rent and security deposits after she terminated her lease early in order to comply with military orders to relocate.

The Department of Justice is committed to the vigorous enforcement of these statutes and all others, including the Americans with Disabilities Act and the Fair Housing Act, which allow us to serve and protect the brave men and women who serve our Nation in uniform.

The Bureau of Justice Assistance (BJA) works to support and enhance the Nation’s criminal justice system through strong partnerships with key stakeholders.

Employing Returning Combat Veterans as Law Enforcement Officers

Department of Defense military personnel are committed on a large scale to support the Nation’s war on terrorism, specifically the ongoing military conflicts in Iraq and Afghanistan. Law enforcement professionals and their families bear a significant burden in meeting these challenges as Reserve and National Guard units are activated and deployed. Law enforcement officers, like other public servants, share this responsibility as citizen soldiers.

The Department of Justice and law enforcement leaders across the country recognize that many combat veterans returning from deployment face many challenges as they enter new positions or return to positions held as federal, state, local, and tribal law enforcement agencies.

As a result, the Office of Justice Programs’ (OJP) Bureau of Justice Assistance (BJA) has partnered with the International Association of Chiefs of Police to support research and best-practices on the integration and reintegration of military personnel into federal, state, local and tribal law enforcement agencies.

In early 2010, BJA will release guidebooks for law enforcement agency leaders and veterans who are returning to their positions or who are seeking to enter the law enforcement career field.

Veterans’ Treatment Courts

Veterans’ Treatment Courts are hybrid Drug and Mental Health Courts that use the Drug Court model to serve veterans struggling with addiction, serious mental illness and/or co-occurring disorders. They promote sobriety, recovery, and stability through a coordinated response that involves cooperation and collaboration with the traditional partners found in Drug and Mental Health Courts, with the addition of the U.S. Department of Veterans Affairs health care networks, the Veterans’ Benefits Administration, volunteer veteran mentors, and veterans and veterans’ family support organizations.

In Fiscal Year 2010, in partnership with the Veterans Administration, BJA is launching a pilot Veterans’ Court Planning Initiative which will be run by the National Association of Drug Court Professionals.  This initiative will create a curriculum for existing drug courts who want to enhance their operational drug court by adding a veteran’s component.  The curriculum will be piloted with 10 drug court teams, consisting of eight team members from each jurisdiction to be trained. Factors which will be considered in curriculum development and delivery will include: issues unique to veterans’ experiences, identifying and addressing co-occurring substance abuse and mental health disorders, incorporating a mentor component. To follow the progress of the Pilot Veterans Court Planning Initiative, check out this BJA website: http://www.ojp.usdoj.gov/BJA/grant/drugcourts.html.

To further these efforts, our partners at the National Association of Drug Court Professionals are launching a new Veterans’ Treatment Court Clearinghouse, a comprehensive web site for Veterans’ Treatment Court news and resources. For more information, go to: http://www.nadcp.org/node/430.

The Department of Justice is proud to serve our Nation’s service men and women. Through enforcement of veteran-specific statutes as well as state and local support offered in conjunction with our partners, we salute these Americans

Combating Mortgage Fraud
November 9th, 2009 Posted by

Combating mortgage fraud – one of the fastest growing white collar crimes – is an important element in the Justice Department’s mission to protect the public. The Department is partnering with state, local and tribal law enforcement to share information and provide the resources needed to successfully fight this type of crime, which can bring hardship to individual citizens and financial organizations alike. Attorney General Holder has personally met with various officials to directly address the problem, and in April announced a multi-agency crackdown targeting foreclosure rescue scams and loan modification fraud.

Last week, the U.S. Attorney’s Office for the Middle District of Florida announced the results of a nine-month-long “Mortgage Fraud Surge” investigation that has resulted in charges against more than 100 defendants and involves allegations concerning more than $400 million in loans procured by fraud, on more than 700 properties.

This announcement is just the latest of many such cases. At this time, there are federal mortgage fraud-related charges pending against approximately 500 defendants around the nation. The cases range from mortgage schemes designed to defraud mortgage lenders to “foreclosure rescue schemes,” which prey on distressed homeowners.

The Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance (BJA) has also been working on a multi – faceted approach to combating this problem. In January 2009, BJA convened a roundtable of local officials and private sector experts to learn about policies and operations to prevent, investigate, and prosecute mortgage fraud, as well as the local crime problems generated from the associated increase in foreclosures and vacant properties.

Based on information gleaned from the roundtable and using Recovery Act funds, BJA developed a grant program specific to mortgage fraud. To further state and local efforts, BJA awarded Recovery Act funds to increase the number of state and local investigators, prosecutors, and crime prevention practitioners. More than $10.75 million in Recovery Act funds will support regional mortgage fraud task forces, which are central to coordinating local, state and federal investigations and prosecutions. The list of grant recipients can be found here: http://www.ojp.gov/recovery/pdfs/byrnemortfraud.pdf

BJA also continues to work to address mortgage fraud through its Community Prosecution Initiative, which brings together local prosecutors, code enforcement and city government officials to tear down — or clean up and find owners for — vacant and abandoned houses that are often left to deteriorate after a mortgage fraud scheme has been carried out. Vacant properties invite disorder and criminal activity into communities, so decreasing the number of these properties, or restoring them to productive use can play a significant role in preventing and reducing neighborhood crime.

Additionally, BJA is working with federal partners in the FBI and the U.S. Attorneys Offices around the nation to coordinate state and local fraud training opportunities. The collaboration among federal, state and local law enforcement will facilitate a cohesive response on behalf of the affected communities. To learn more about BJA’s mortgage fraud initiative and other programs, visit the BJA Web site at www.ojp.gov/BJA.

Through these various efforts, the Department of Justice along with our federal, state, local and tribal partners, is working tirelessly to combat mortgage fraud. At a meeting with federal partner agencies and state Attorneys General in September, Attorney General Holder summed it up best when he said:

“Our efforts to attack mortgage fraud must be, and are, concerted and coordinated. Working together, we can send a clear and straightforward message: Those who prey on vulnerable American homeowners cannot hide from the hand of the law. If you perpetrate mortgage fraud, we will find you and we will bring you to justice.”

A Workplace Free From Discrimination
November 5th, 2009 Posted by

Critical civil rights legislation is currently being considered in Congress. This legislation, known as the Employment Non-Discrimination Act (ENDA), would expand people’s rights to be free from discrimination in the workplace.

As federal law, ENDA would prohibit intentional employment discrimination on the basis of actual or perceived sexual orientation and gender identity by employers, employment agencies and labor organizations.

Today, Assistant Attorney General Thomas E. Perez of the Civil Rights Division testified before the U.S. Senate Committee on Health, Education, Labor and Pensions on this legislation, which is a top priority of the Obama Administration and the Justice Department. Assistant Attorney General Perez:

“On an issue of basic equality and fundamental fairness for all Americans, we cannot in good conscience stand by and watch unjustifiable discrimination against lesbian, gay, bisexual and transgender individuals occur in the workplace without redress. We have come too far in our struggle for “equal justice under the law” to remain silent or stoic when our lesbian, gay, bisexual and transgender brothers and sisters are still being mistreated and ostracized for reasons that have absolutely nothing to do with their skills or abilities and everything to do with myths, stereotypes, fear of the unknown, and prejudice. “

According to the Human Rights Campaign’s recently published Corporate Equality Index 2010 , as of September 2009, 434 (87 percent) of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation, and 207 (41 percent) had policies that include gender identity.

During his testimony, Assistant Attorney General Perez spoke of a police officer in West Virginia who was repeatedly harassed by coworkers because of his sexual orientation. The officer was routinely sent on police calls without back-up, threatening the public safety and his own. After learning of the officer’s sexual orientation, one coworker allegedly hit him across the face with a night stick, breaking his glasses and cutting his eye. The officer believes that his eventual discharge was based on his sexual orientation and not his job performance.

“No American should be denied a job or the opportunity to earn promotions, pay raises and other benefits of employment because of his or her sexual orientation or gender identity, which have no bearing on work performance. No one should be fired because he or she is gay, lesbian, bisexual or transgender. Period.”

And while many businesses and some states have passed protections, no one should have to suffer discrimination based on where they work or where they live. In 29 states , there no protections for lesbian, gay and bisexual individuals and 38 states provide no protection for transgender workers. State laws therefore leave large numbers of LGBT individuals without recourse for workplace discrimination on the basis of the sexual orientation or gender identity.

Assistant Attorney General Perez:

“Protecting valued members of our workforce from discrimination should not be left to a patchwork of state and local laws that leaves large gaps in coverage. Discrimination in my home state of Maryland is just as wrong as discrimination in Montana.”

You can read the full testimony, here (PDF).

POSTED IN: Civil Rights Division  |  PERMALINK
Effective Strategies for Preventing Health Care Fraud
November 3rd, 2009 Posted by

Tony West, Assistant Attorney General for the Department’s Civil Division testified Wednesday at a Senate Judiciary Committee hearing on the prevention and law enforcement efforts to confront health care fraud.  In his testimony, AAG West described the Department’s actions to combat various forms of heath care fraud, including Medicare and Medicaid fraud.

AAG West emphasized the importance of combating health care fraud, due to the detrimental impact it has on the American people:

We have a duty to the taxpayers.   Every year, hundreds of billions of dollars are spent to provide health security for American seniors, children, and the disabled.   While most medical or pharmaceutical providers are doing the right thing, when Medicare or Medicaid fraud occurs, it costs the American taxpayer real dollars.   Every year, billions of dollars are lost to Medicare and Medicaid fraud.

 AAG West then went on to describe the Department’s efforts to combat health care fraud and its combined efforts with other agencies, including the Department of Health and Human Services. In May 2009, Secretary Sebelius and Attorney General Holder announced the establishment of the Health Care Fraud Prevention and Enforcement Action Team (HEAT), an initiative that led to a landmark settlement earlier this year.

 Last month, Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. agreed to pay $2.3 billion to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products.   This is the largest health care fraud settlement in the history of the Department of Justice, the largest criminal fine of any kind imposed in the U.S., and the largest ever civil fraud settlement against a pharmaceutical company.

AAG West also described other Civil Division efforts including the Office of Consumer Litigation’s (OCL) investigation and prosecution of drug and device manufacturers who illegally promote and distribute inadequate and fraudulent products, and the Elder Justice and Nursing Home Initiative, which is intended to protect our elderly citizens:

Too often, our most vulnerable citizens are the ones that are taken advantage of, so special attention is needed to prevent and prosecute these crimes. Each year Medicare and Medicaid spend over $120 billion on long-term care services, including nursing homes.   At the same time, research shows that 11 percent of our seniors report experiencing at least one form of abuse, neglect, or exploitation.  

 AAG West concluded his testimony by emphasizing the importance of the agencies and Congress working together to combat health care fraud. He said:

As we have seen time and time again, the only way we can be truly effective in protecting the integrity of our public health programs is by combining the full panoply of our federal resources, our expertise, and our information across agency and jurisdictional lines.  The Department of Justice looks forward to working with Congress as we continue to prevent, deter, and prosecute health care fraud.

 You can read the full testimony, here.

Learn more about our on-going efforts to stop Medicare fraud at: www.StopMedicareFraud.gov

POSTED IN: Civil Division  |  PERMALINK
Responding to the Tribal Recommendations at the Tribal Nations Listening Session
November 2nd, 2009 Posted by

Last week, Associate Attorney General Tom Perrelli delivered remarks at the Department of Justice’s Tribal Nations Listening Session in St. Paul, Minnesota,  going through a list of the tribal community’s top recommendations – to both the Obama transition team and the Department of Justice – and discussed the status of each.  In his remarks, the Associate explained:

From the time I announced the Listening Session, I have heard one message from tribal leaders – listening is fine, but we have talked enough, some one needs to take action.  We intend to do that… I want to talk a little about what we are doing – so that you know that this is not just talk.  And to do that, I thought I would start with some of the immediate recommendations that I know were circulated to many of you and that are a list of things that you have been advocating for from the Department of Justice and have either received no response or an unwelcome one.

The Associate Attorney General also focused his remarks on how tribal communities can better partner with the federal government to make real and sustained change:

 Tribal communities are facing great challenges, and have enormous opportunities.  And while we at the Department of Justice have some resources that can help make your communities safer, we also know that it takes more than resources to fight and prevent crime.  It takes all of us working together.  None of these efforts will succeed if we do not direct them properly and at the issues that matter.  We need to do this right, and we are going to need your help.  This initiative will only change the way we do business if we come out of it with concrete, specific proposals and take action. 

 After hearing from the Associate Attorney General, the nearly 400 tribal representatives broke up into groups focused on tribal priorities including support for tribal justice programs, violence against women and specific programs for Native teens, to present new ideas to the Attorney General during the second half of the day.

 The Listening Session, which took place over two days, allowed tribal leaders and Department of Justice leadership to brainstorm and discuss how best to address the chronic problems of public safety in Indian Country.

 
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