The institutional commitment to justice is an obligation and hallowed tradition that guides this Department of Justice. It is this commitment and the importance of ensuring trust and confidence in the work of federal prosecutors that led Attorney General Eric Holder to take the extraordinary step of moving to dismiss the case against former Senator Ted Stevens in 2009 when errors were discovered. And it is this commitment and the need to ensure that the mistakes in the Stevens case would not be repeated that led the Attorney General to order a review of discovery practices and the development of recommendations for improving such practices so that errors would be minimized going forward.

The result was a sweeping new training curriculum and additional resources for prosecutors, agents and paralegals across the United States as part of an unprecedented overhaul taken by the department in the last three years since the Stevens case was dismissed.

As outlined in a statement for the record submitted today to the Senate Judiciary Committee (PDF) within days after the Stevens case was dismissed in April 2009, the Criminal Discovery and Case Management Working Group was created to review the department’s policies, practices and training concerning criminal case management and discovery. Our comprehensive review of discovery practices identified some areas where the department could improve, and we have undertaken a series of reforms which have since been institutionalized.

In January 2010, the Office of the Deputy Attorney General issued three memos to all criminal prosecutors that provide overarching guidance on gathering and reviewing potentially discoverable information and making timely disclosure to defendants; they also direct each U.S. Attorney’s Office and department litigating component to develop additional, district- and component-specific discovery policies that account for controlling precedent, existing local practices and judicial expectations.

Later in January 2010, the Deputy Attorney General appointed a long-serving career prosecutor as the department’s first full-time National Criminal Discovery Coordinator to lead and oversee all department efforts to improve disclosure policies and practices and provide prosecutors with key discovery tools such as online manuals and checklists. These efforts have included:

• All federal prosecutors are now required to undertake annual discovery training. Roughly 6,000 federal criminal prosecutors across the country – regardless of experience level – receive the required training annually on a wide variety of criminal discovery-related topics. Since 2010, the department also has held several “New Prosecutor Boot Camp” courses, designed for newly hired federal prosecutors.
• Discovery training requirements are now specifically outlined in the United States Attorney Manual (USAM § 9-5.001), which was amended in June 2010 to make training mandatory for all prosecutors within 12 months after hiring, and requiring two hours of training on an annual basis for all other prosecutors.
• In 2011, the department provided training to more than 26,000 federal law enforcement agents and other officials – primarily from the FBI, DEA and ATF – on criminal discovery policies and practices. The department is currently developing annual training for these agents.
• In late February 2012, the department held “train-the-trainer” programs to begin training the next round of federal law enforcement agencies.
• The department has held several Support Staff Criminal Discovery Training Programs and has produced criminal discovery training materials for Victim/Witness coordinators.
• A Federal Criminal Discovery Blue Book – which comprehensively covers the law, policy and practice of prosecutors’ disclosure obligations – was created and distributed to prosecutors nationwide in 2011.
• The department developed – in collaboration with representatives from the Federal Public Defenders and counsel appointed under the Criminal Justice Act – ground-breaking criminal electronically stored information (ESI) protocol. The protocol was distributed to prosecutors, defense attorneys and members of the federal judiciary in February 2012. It is designed to:

• promote the efficient and cost-effective production of ESI discovery in federal criminal cases;
• reduce unnecessary conflict and litigation over ESI discovery by encouraging the parties to communicate about ESI discovery issues;
• create a predictable framework for ESI discovery; and
• establish methods for resolving ESI discovery disputes without the need for court intervention.

• To ensure consistent long-term oversight of the department’s discovery practices, the National Criminal Discovery Coordinator position was made a permanent executive-level position in the Office of the Deputy Attorney General.

While even one instance of misconduct is one too many, department statistics show that these instances are extremely rare. Over the past 10 years, the department has filed over 800,000 cases involving more than one million defendants. In the same time period, only one-third of one percent (.33 percent) of these cases warranted inquiries and investigations of professional misconduct by the department’s Office of Professional Responsibility. Less than three-hundredths of one percent (.03 percent) related to alleged discovery violations, and just a fraction of these resulted in actual findings of misconduct.

The Attorney General recognizes the importance of ensuring trust and confidence in the work of department prosecutors. In 2009, the department took the extraordinary step of asking the court to dismiss the Stevens case, which the department has said was deeply flawed. This one case does not, however, represent the work of federal prosecutors around the country who work for justice every day.

Prosecutors and other law enforcement officials must recognize their obligations under these rules, apply them fairly and uniformly and be given the tools to meet their discovery obligations rigorously. This is what the department has done since the Attorney General directed the dismissal of the conviction in the Stevens case, and it is what the department will continue to do in the future, under the policies and procedures that have been implemented and institutionalized during the past three years.

For more information, download the full Statement for the Record from the Department of Justice to the Senate Committee on the Judiciary Hearing on the Special Counsel’s Report on the Prosecution of Senator Ted Stevens (PDF) .

Yesterday, Deputy Attorney General James Cole issued a memorandum to all component heads and United States Attorneys outlining a set of core principles for training conducted or funded by the Department of Justice.

Training is an important part of fulfilling the department’s responsibilities to keep America safe and ensure the fair and impartial administration of justice.

As Deputy Attorney General Cole notes in his memorandum:

“This responsibility demands that Department representatives perform their duties consistent with the Constitution and Department values, at the highest level of professionalism, and in a manner that conveys respect for all.”

Following the discovery last year of problematic training materials used in certain instances, Deputy Attorney General Cole issued a memorandum on September 28, 2011 to component heads and United States Attorneys to review all training materials and presentations provided by their personnel. Building on that directive, this memorandum directs all training adhere to the following core principles:

1. Training must be consistent with the Constitution and Department values.
2. The content of trainings and training materials must be accurate, appropriately tailored, and focused.
3. Trainers must be well-qualified in the subject area and skilled in presenting it.
4. Trainers must demonstrate the highest standards of professionalism.
5. Training must meet Department standards.

These guiding principles both reflect longstanding department values and highlight the importance of ensuring that the department continue to respectfully engage with the diverse communities it has the privilege to serve.  The principles are the result of the collaborative effort and input of representatives of relevant department components and U.S. Attorney’s Offices, which participate in the Attorney General’s Arab-Muslim Engagement Advisory Group.

For more information, read the full Memorandum for Heads of Components and United States Attorneys Regarding Training Guiding Principles (PDF).

Vice President Joe Biden holds a cabinet meeting on the campaign to cut waste, in room 430 of the Eisenhower Executive Office Building at the White House, December 13, 2011. Pictured are (from left) Deputy Attorney General James Cole, Secretary of Health and Human Services Kathleen Sebelius, Secretary of the Treasury Tim Geithner, and OMB Director Jack Lew. Photo Courtesy of WhiteHouse.gov

Yesterday, Deputy Attorney General James Cole joined Vice President Biden at a Cabinet meeting focused on meeting the President’s commitment to cut waste, combat fraud, and eliminate misspent dollars across the Federal government.

During the meeting, Deputy Attorney General Cole announced that the Department of Justice has recovered more than $5.6 billion in fraud proceeds in 2011 – the largest amount for any single year in the history of the department.  This historic achievement represents an increase of more than 167 percent since 2008, and includes nearly $3.4 billion in civil fraud, as well as $2.2 billion in criminal fraud.

These recoveries stemmed from activities ranging from grant fraud, to mortgage fraud, to procurement fraud, and far beyond.  In fact, nearly $3 billion was recovered in health care fraud alone, due in part to unprecedented levels of cooperation between the Department of Justice and the Department of Health and Human Services. 

In particular, the use of Medicare Fraud Strike Forces – specialized teams of agents and prosecutors dedicated to a singular mission – has significantly expanded in recent years, and their impact on our efforts has been dramatic.  In 2008, these Strike Forces allowed the Department to bring cases involving $384 million in fraudulent claims.  This year, they brought cases involving over $1 billion in fraudulent claims – meaning that, for every dollar spent on this effort, the Administration has been able to recover seven dollars.
 
All told, the Department of Justice has amassed $15 billion in total fraud recoveries since 2009.  Some of this money has been sent back to states, paid to whistleblowers, or devoted to strengthening important programs like Medicare and Medicaid.  Other funds have been returned to the U.S. Treasury to help reduce the deficit.  And all of this is just the beginning. 

As Deputy Attorney General Cole said:

“Our message could not be clearer – we will aggressively investigate and prosecute those who seek to defraud the American people. Those who commit fraud will be held to account. And the America taxpayer will continue to see a high rate of return on its investment in the Department of the Justice.”

All across the country, the Department of Justice continues to move aggressively to protect the American people from fraud. 

For more information, visit WhiteHouse.gov, StopMedicareFraud.gov or StopFraud.gov. 

Mr. Dennis W. Zotigh delivers remarks before he performs a cultural piece at the commemoration.

This week the Department of Justice held a special event in the Great Hall commemorating National Native American Heritage Month. Each November, the department honors the cultural traditions, contributions and history of America’s indigenous peoples in honor of their many sacrifices and contributions to our nation’s well-being. 

The theme for the department’s commemoration was “Indians and the Law: Yesterday, Today and Tomorrow.” During the commemoration, Deputy Attorney General James M. Cole and Associate Attorney General Thomas J. Perrelli delivered special remarks. Deputy Attorney General Cole spoke about the department’s enduring promise to support and safeguard tribal communities and enhance tribal justice.

“As we honor American Indian and Alaska Native Heritage month, we work to build on our continued progress strengthening tribal law enforcement.  We work to enhance our ability to prosecute crimes in Indian Country, and we work to reinforce a strong government-to-government relationship.”

We were honored to welcome back to the department Hilary Tompkins, Solicitor of the Department of the Interior and former Justice Department trial attorney to deliver the keynote address.  Ms. Tompkins is the first Native American to serve as the Solicitor of the Interior Department. 

Solicitor Tompkins spoke about how the Interior Department plays a major role in legal and policy decisions that impact the daily lives of Indian people. She also discussed her personal experiences as a Native American and the ways her life has been affected by federal law and policy, and how the law influenced her understanding of Navajo culture. Reflecting on her responsibilities as the Department of Interior Solicitor, Tompkins said:

 “We will continue to strengthen our relationship with tribal governments and assist them as they protect their cultural identity and history through their own legal and political systems. I have great faith that we will chart the path forward with grace, honor, and justice that will make future generations proud.”

Department employees and guests were also honored by a cultural performance by Mr. Dennis W. Zotigh, a Kiowa, San Juan Pueblo and Santee Dakota Indian.  Mr. Zotigh is a nationally and internationally recognized performer and lecturer.

Under the leadership of Attorney General Holder, the department has launched critical tribal justice initiatives to meet the challenges facing American Indian and Alaska Native tribes.  In support of Indian Country law enforcement efforts, the department directed United States Attorney’s offices across the country to collaborate with tribal law enforcement officials and develop strategies to reduce crime.  The department also established a Violence Against Women Federal and Tribal Prosecution Task Force, which works on strategies to reduce violence against Native women. In addition, the  Coordinated Tribal Assistance Solicitation (CTAS) awarded nearly $127 million to support public safety initiatives in Indian Country.  Solicitor Tompkins, along with many other Department of the Interior colleagues, remain vigorous partners in these efforts to support public safety in tribal communities.

The department’s Environmental and Natural Resources Division also protects over 60 million acres of tribal lands and resources.  The division works to protect treaty rights, defend reservation boundaries and assert water rights.  This work helps to fulfill the promise that reservations can serve as homelands where tribal sovereignty and culture can flourish. 

As we continue this month-long observance of Native American Heritage Month, we at the Department of Justice rededicate ourselves to fulfilling our promise to promote justice, and to help build healthy, safe, and sustainable tribal communities.   In doing so, we honor the many contributions and sacrifices that American Indians and Alaska Natives continue to make to the United States.

Learn more about the Justice Department’s efforts to promote tribal justice and safety at justice.gov/tribal. |  See more pictures from the event.

Last week, the Justice Department hosted its annual National Missing Children’s Day observance.  Deputy Attorney General James Cole recognized the efforts of law enforcement and citizens across the nation who recovered missing children and combated child exploitation this past year. 

Deputy Attorney General James Cole noted:

  “The Department has laid the groundwork for so many changes in the way we respond to missing and exploited children and it is one of the major priorities for both the Attorney General and me.”

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) supports this Department priority through work with the National Center for Missing & Exploited Children; the Internet Crimes Against Children Task Force Program, a national network of 61 coordinated task forces addressing online child exploitation; and the AMBER Alert Program, instrumental in the recovery of 540 abducted children since its creation in 1996. 

OJJDP also works with partners across the country to provide resources to families when a child is missing.  The National Center for Missing & Exploited Children’s Web site includes resources on how to help keep your child safer or how to know what to do if your child is missing.  This week they also released two new Spanish translations at this year’s ceremony:

• Cuando su hijo ha desaparecido: Una guía de supervivencia para la familia” (4th Edition) (NCJ 232789) is a Spanish translation of the fourth edition of When Your Child Is Missing: A Family Survival Guide, which provides critical advice on what families should do when a child is missing.
• “El delito del secuestro familiar: La perspectiva de hijos y padres” (NCJ 234086) is a Spanish translation of The Crime of Family Abduction: A Child’s and Parent’s Perspective, which offers insights into how an abduction of a child by a family member affects the child and the family.

As the stories of this year’s awardees demonstrate, vigilance can help bring missing children home safely.

Today, the Environment and Natural Resources Division celebrated Earth Day at a community service event at the new Marvin Gaye Community Greening Center in Washington, D.C.

Deputy Attorney General James Cole and Assistant Attorney General Ignacia S. Moreno joined volunteers, community leaders, and the D.C- based Washington Parks and People organization to begin work on the neighborhood-based nursery for plants and an environmental education resource center.

Speaking at the ceremony, Deputy Attorney General Cole stated:

“Earth Day is a reminder to all of us at the Department that we serve not only to protect the people of our country, but also its natural resources such as our lands, waters, air and wildlife, and the tremendous work of the Environment Division is essential to that mission.  The Division has contributed its expertise and hard work in a number of key areas, including the government’s response to the Deepwater Horizon oil rig explosion and oil spill, important tribal matters and our overall efforts in advancing environmental justice, and I am grateful for their continued dedication.”

Assistant Attorney General Moreno said:

“I am proud of the meaningful results that we have achieved for the benefit of the American people over the past year.  In our work, we have not forgotten vulnerable communities and have taken concrete steps to make environmental justice a reality.”

This year marks the eighth consecutive Earth Day service celebration at Marvin Gaye Park.  In the last seven years, ENRD has devoted over 5,000 hours of employee time to planting trees, removing trash, laying sod and gardening.

During the event Assistant Attorney General Ignacia S. Moreno also announced the publication of ENRD’s Fiscal Year 2010 Accomplishments Report. The report details the division’s work across the nation during FY2010.

The event also featured brief remarks by Steve Coleman, Director and President of Washington Parks and People and Lisa A. Hayes, Director of Development and Senior Counsel at the American Constitution Society of Law and Policy.  Ms. Hayes is the daughter of Earth Day Network founder Denis Hayes, who coordinated the first Earth Day in 1970.