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A Historic Settlement with the Osage Tribe of Oklahoma
October 21st, 2011 Posted by Tracy Russo
  

 

Department of Justice, Department of Interior, and Osage tribal officials sign a commemoration of the final settlement of historic trust accounting and trust management claims.

Department of Justice, Department of Interior, and Osage tribal officials sign a commemoration of the final settlement of historic trust accounting and trust management claims. Photo Credit: DOI

 The following post appears courtesy of Ignacia Moreno, the Assistant Attorney General Environment and Natural Resources Division at the U.S. Department of Justice and Hilary Tompkins, the Solicitor of the U.S. Department of Interior

Today, we joined Osage Tribe Principal Chief John Red Eagle, other tribal leaders, and our colleagues at the Treasury Department, in a ceremony to commemorate a historic settlement marking the end of a long-running lawsuit by the Osage Tribe of Oklahoma regarding claims involving the United States’ accounting and management of the tribe’s trust funds and non-monetary trust assets. 

Reaching a final settlement with the Osage Tribe on its trust accounting and trust mismanagement claims has been a priority for the Department of Justice and the Department of the Interior.  

Attorney General Holder and Secretary Salazar have been committed to resolving  pending tribal trust accounting and trust mismanagement cases, in a fair and equitable manner and without protracted litigation, so that the United States and the tribes can jointly undertake reconciliation and empowerment for American Indian nations. 

The settlement between the Osage Tribe and the United States is the product of months of dedicated efforts by the parties to achieve a fair and just resolution of the tribe’s trust claims.  The settlement is fundamental to the government-to-government relationship between the United States and the tribe.

The agreement marks a new beginning – one of just reconciliation, better communication between the Interior Department and the tribe, and strengthened management by Interior of tribal trust funds and trust resources.

The negotiated agreement, which was executed on Oct. 14, 2011, will end litigation regarding Interior’s accounting and management of the tribe’s trust accounts, trust lands, and other natural resources, including the tribe’s mineral estate. 

The United States will pay the tribe $380 million in compensation for the tribe’s claims of historical losses to its trust funds and interest income as a result of the government’s management of trust assets.  The parties will implement measures that will lead to strengthened management of the tribe’s trust assets and improved communications between Interior and the tribe. 

These measures include procedures for delivery of periodic statements of account, annual audit information, and information relating to the management of the mineral estate to the tribe.   Importantly, the agreement also provides dispute resolution provisions to reduce the likelihood of future litigation.

The United States looks forward to its continuing work with the Osage Tribe in a spirit of true partnership and mutual respect to build a stronger trust relationship.

U.S. Attorney Durkan: Protecting Yourself and Your Business against Cybercrime
October 19th, 2011 Posted by Tracy Russo

The following post appears courtesy of the office of U.S. Attorney Jenny Durkan of the Western District of Washington. U.S. Attorney Durkan is also the chair of the Justice Department’s Cybercrime and Intellectual Property Enforcement advisory group.

The Puget Sound region of Washington state is home to high-tech heavyweights like Microsoft, Amazon and Boeing and a flourishing start-up scene that attracts top talent from around the world.  Two recent indictments and a high-profile conference put the spotlight on flipside of that success: the increased threat of cybercrime.

Jesse James said that he robbed banks “because that’s where the money is.”  Today, increasingly the money – and the capacity to steal it – is online.  From scareware to skimming to information theft to distributed denial of service (DDOS) attacks, efforts to steal money and attack our digital infrastructure are on the rise.

U.S. Attorney Jenny Durkan, who chairs Justice Department’s Cybercrime and Intellectual Property Enforcement advisory group, and the prosecutors in the Western District of Washington have made combating cybercrime a top priority.  That includes working with companies and individuals to enforce federal laws when systems are hacked, personal information is compromised, payroll and banking information is misused, electronic commerce is disrupted or trade secrets are stolen.   

 For example, last month, a grand jury indicted three defendants who hacked into computer systems to steal personal and business information used in a variety of thefts and frauds.

When the indictments were announced, U.S. Attorney Durkan said:

“These defendants combined ‘old school’ methods such as burglary, with high tech methods such as using unprotected wireless networks to hide their identities while draining bank accounts and committing fraud. The victims in this case quickly reported the hacking to law enforcement — a key step to bringing these defendants to justice.”

Critical to cracking this sophisticated scheme, which is alleged to have victimized more than 50 area businesses, was the fact that companies came forward to report the crimes.  Because of that reporting, members of the U.S. Secret Service Electronic Crimes Task Force were able to connect the dots on what looked like unrelated incidents.  As part of the public education around protecting business and personal networks , the U.S. Attorney and law enforcement provided tips to protect against being a victim:

  • Businesses should review their wireless encryption and confirm that they are using the appropriate level of encryption (WPA2 Personal or WPA Enterprise).
  • Businesses should keep a record of all laptop computers and ensure that any computers with remote access are encrypted.  Any missing laptop computers should have passwords and credentials replaced immediately.
  • Businesses should be aware of hacking that can occur from physical access to the server room as well as from external hacking.
  • Employees should never click past security certificate warning screens and should notify their IT staff immediately.
  • Managers should be aware of “watercooler” talk among employees that may indicate a breach has occurred.  This includes numerous employees complaining of fraud on personal accounts.
  • Businesses should ensure that they have a security response plan prepared in the event that some kind of incident does occur.
  • If you notice suspicious activity, contact your local law enforcement.  You can make a referral to the U.S. Secret Service Electronic Crimes Task Force or other law enforcement agencies through the Justice Department’s portal: www.cybercrime.gov/reporting.htm.

Another crime that has gotten attention in western Washington is “skimming” – a crime that involves electronic to steal credit and debit card information at ATMs and at points of sale.  It is estimated to be a $1 billion-a-year crime.   Over the last several weeks, prosecutions of individuals involved in what is believed to be one of the largest skimming operations on the West Coast have begun.  The hope is that the arrest of those engaged in skimming, coupled with increased public awareness, will help diminish the losses from this crime. 

As with hacking, there are things people can do to protect themselves from skimming:

  • If the access door to a lobby ATM is broken, don’t use the ATM, go somewhere else.
  • If there is more than one ATM, and a sign has been placed on one of the units saying it is out of service, go somewhere else – the sign could be an attempt to direct traffic to the machine where skimming equipment is installed.
  • Check the machine before putting your card in – is the card slot securely in the machine? Has anything been installed around the edges of the machine that could conceal a camera?  Is any glue or sticky substance around the key pad or card slot?
  • Always attempt to cover your hand when you enter your PIN so that if there is a camera, the numbers cannot be captured.
  • Watch your account activity and report any unauthorized credit or debit charges immediately.

With these cases as a backdrop, earlier this month the U.S. Attorney’s Office and the University of Washington School of Law hosted a cybercrimes conference Federal and local law enforcement officials, cyber-security professionals from the region’s many high-tech companies, and attorneys who represent the technology industry.  The conference focused on current trends and emerging threats in cybercrime and cyber-terrorism, proposed amendments to the Electronic Communications Privacy Act to balance privacy expectations and law enforcement needs, and how to work with law enforcement agencies in response to incidents of cybercrime. 

The rise in the number, scope and damage caused by cybercrime is alarming.  The Justice Department, through its integrated investigation efforts and prosecution teams in U.S. Attorney’s Offices, and industry must work together to address the threats we face to protect our people and the economy.

POSTED IN: U.S. Attorneys  | 
Attorney General Holder Visits the Potomac Job Corps Center
October 13th, 2011 Posted by Tracy Russo
Attorney  General Holder visits the Potomac Job Corps Training Center

Attorney General Holder visits the Potomac Job Corps Training Center

Today, Attorney General Eric Holder joined the Department of Labor Secretary Hilda L. Solis for a tour of the Potomac Job Corps Center in Washington, D.C. With 120+ nationwide campuses in over 40 states and Puerto Rico, Job Corps centers train over 60,000 students each year.

The U.S. Department of Labor administers the Job Corps career technical and education training program free-of-cost to help youth ages 16 through 24 improve their quality of life and find a career.  Since Job Corps’ beginning in 1964, the program has remained committed to offering students a positive environment for professional and educational success.

The Potomac Job Corps Center lives up to the mission of teaching eligible young people the skills they need to become employable, independent and professionally trained in variety of technical and academic areas.

Attorney General Holder and Secretary Solis speak with young people at the center.

Attorney General Holder and Secretary Solis speak with young people at the center.

During the tour of the Center,  Attorney General Holder joined students of all career areas in a round table discussion to listen to their personal stories, passions and plans for the future, saying:

 “I want to thank all of the students for their inspiring stories. They are the future leaders of this nation and I know their futures will be bright.”

During lunch, students in the Culinary Arts career program showcased their culinary skills for the Attorney General and Department of Labor Secretary Solis. Jobs Corps Center Director, Steven Belk, along with the center’s Student Government Association President, Andrea Williams, thanked Attorney  General Holder and Secretary Solis for visiting and taking time to talk with  the young people there. 

For more information, youth interested in applying to Job Corps should visit: http://www.jobcorps.gov/home.aspx

First National Summit On Campus Safety for College and University Presidents – Beginning the Dialogue
October 13th, 2011 Posted by Tracy Russo

The following post appears courtesy of Susan B. Carbon, Director, Office on Violence Against Women (OVW).

Earlier this month, at the first-ever National Summit on Campus Safety for College and University Presidents, nearly 70 representatives from colleges and universities across the country and Puerto Rico came together to discuss the critically important issue of campus safety.

Attendees shared information related to campus crime and worked to strengthen safety programs by developing campus-based coordinated community responses to domestic and dating violence, sexual assault and stalking.  Although these problems and other forms of violent crime exist all around us, our discussions focused on the college population of 16-24 year olds — the age of the highest prevalence of violence against a very vulnerable population.

The Office on Violence Against Women was honored to host this historic summit and engage in town hall format discusssions about implementing policies and practices that address the needs of victims, hold offenders accountable, and are pro-active in preventing and intervening in these crimes.  From the outset, our main objective was to develop clearly-defined and transparent policies that create a culture of safety and non-violence in the university or college environment.

The summit’s ambitious agenda highlighted the most enduring lessons as well as the best examples of student success and campus leadership and achievement.   Expert panelists provided an overview of the federal agencies that support campus programs; survivors and victim advocates shared their experiences; and guest presenters discussed legal concerns, the latest statistics on these crimes, and the breadth of campus threats and what we can do to address them.

Finally, our experts talked about major gaps in the public’s understanding of sexual violence, and explained critical strategies for communicating about it as a public and educational issue.

At the end of the summit, OVW was particularly thrilled to welcome back the first director of our office, Attorney Bonnie Campbell, former Regent of the University of Iowa system, who closed the session with a compelling challenge and invitation to all presidents to make campus safety their signature achievement.

We covered a lot of important ground – and reaffirmed our joint commitment to moving forward in this work – over the course of just two days.  But great challenges, and a number of key questions, remain before us.  What can we do to make it easier for victims to find information and get help?  How can we better engage students in the campus safety discussion, and ensure that our message is getting through?  What hiring and training techniques can be employed to ensure that college and university personnel understand the priorities of safety?

Of course, few of these questions will be met with easy answers.  And, despite our best efforts, it will undoubtedly take longer than we would like to make the progress we seek.  But this month’s summit was a promising step in the right direction.

Administrators agreed that acts of violence do not belong on any campus, and affect the entire student body, faculty, staff and surrounding communities.  “Sexual sovereignty – every student is entitled to their own.  Respect it,” said Diane Rosenfeld, of Harvard Law School.  With the leadership – and shared commitment — of these and other college and university presidents, I am confident that healthier campus environments, where tomorrow’s leaders can learn and grow, are becoming a reality.

We look forward to further conversations, and invite you to join us.

For more information about the Office on Violence Against Women, visit ovw.usdoj.gov.

We remind all those in need of assistance, or other concerned friends and individuals, to call the National Domestic Violence Hotline at 1-800-799-SAFE or the National Sexual Assault Hotline at 1-800-656-HOPE.

Civil Rights Protections for Service Members and their Families
October 13th, 2011 Posted by Tracy Russo

The following post appears courtesy of Tom Perez,  Assistant Attorney General for the Civil Rights Division. It originally appeared on WhiteHouse.gov.

Earlier this month, I had the privilege of meeting with service members at the Ft. Knox Military Installation and discussing the civil rights protections that we at the Department of Justice are working hard to enforce on their behalf, and on behalf of their families.  While there, the United States Attorney for the Western District of Kentucky David J. Hale and I met with LTG Benjamin C. Freakley, Commanding General, U.S. Army Accession Command at Fort Knox, and toured the newly opened Maude Complex, home to Human Resources Command where more than 4,400 military and civilian workers are employed.

We also met with Staff Judge Advocate Col. Robert J. Cotell and Ft. Knox’s Legal Assistance Division to discuss a number of significant laws that the Civil Rights Division enforces to protect service members and their families, including the Uniformed Services Employment and Reemployment Rights Act (USERRA), Servicemembers Civil Relief Act (SCRA), the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), the Military and Overseas Voter Empowerment Act (MOVE), and the Americans with Disabilities Act (ADA). Military judge advocate general’s (JAG) offices advise service members of their rights under these laws.  JAG lawyers also partner with local U.S. Attorney’s Offices and the Civil Rights Division to ensure that these rights are protected and enforced.

While at Ft. Knox, I spoke with approximately 100 soldiers from various units — including the Warrior Transition Unit, which assists wounded soldiers — to discuss the Civil Rights Division’s recent efforts to protect important economic, housing, voting, loan and employment rights of our nation’s service members.  I wanted to hear directly from the men and women serving our nation in uniform about the challenges they face, so that we can do our best to address those challenges.  The meeting was very informative, and I learned about particular issues and cases in a wide range of civil rights areas.  I was inspired by their commitment to service and the sacrifice that our soldiers are making on behalf of the nation.

As I told the soldiers: “There is a posse of people in the federal government making sure that the remarkable sacrifice that you make on behalf of our country is a sacrifice that is matched by our commitment to help you in so many different [civil rights] areas.” 

I encouraged Ft. Knox’s soldiers to seek advice from their JAG office about their rights under these laws and to report violations of their rights.  I also talked about the Department’s recent enforcement actions, including successful efforts to avoid the foreclosure of homes owned by soldiers serving overseas and to compensate soldiers who return from deployment to find that they no longer have a civilian job.  At the end of May, the Division announced two multi-million dollar settlements under SCRA, including a $20 million settlement with Bank of America/Countrywide to resolve allegations that the mortgage servicer unlawfully foreclosed on approximately 160 service members.  This was the largest SCRA settlement we have ever reached.  To date in the current administration, 34 cases have been filed under USERRA to protect the employment rights of service members, more than were filed in the previous four years combined.  In the 2010 elections, the Division aggressively enforced UOCAVA to ensure that Americans serving in our armed forces and citizens living overseas received their absentee ballots in time to ensure that they had the opportunity to vote and to have their votes counted.

But we can do more. While at Ft. Knox, I also discussed the package of legislative proposals that the Department of Justice sent to Congress on September 20th.  These proposals would significantly strengthen the existing laws that protect the civil rights of members of the military and their families.  The package of reforms addresses all three of the service member civil rights statutes that the Civil Rights Division enforces.  These three laws were all enacted with broad, bipartisan support, and these new proposals will make the protections afforded to our service members even stronger.

For more information about the Department’s work on behalf of service members, please visit www.servicemembers.gov.

POSTED IN: Civil Rights Division  | 
Champions for Justice
October 13th, 2011 Posted by Tracy Russo

 

Attorney General Holder hosts a panel with a selection of the honorees to discuss how to increase access to justice.

Attorney General Holder hosts a panel with a selection of the honorees to discuss how to increase access to justice.

 

 “Equal justice under the law” is more than just a phrase. It is an American ideal, at the core of our belief system.   And yet, for too many Americans, sound legal advice and assistance has been out of reach.

 That is why last year the President and the Attorney General launched the Access to Justice Initiative. It was formed to address this crisis – to ensure that basic legal services are available, affordable and accessible to everyone in this country – regardless of status, income, or wealth.  Across the country, the department has been diligently working with federal, state, local and private partners towards enhancing the availability, and quality of legal representation available to all.

Most defendants are dependent on the service of public lawyers, and in some cases, public defender caseloads are so excessive that they struggle to fulfill their basic obligations to their clients. Many times, these circumstances leave our criminal justice system falling short. Those who suffer most from these shortcomings are often the most vulnerable among us – immigrants, juveniles, the homeless, disabled veterans, or victims of domestic and sexual violence.

However, the innovation and perseverance of dedicated legal professionals across the nation is making a difference. 

 Today the Department of Justice and the White House, came together to celebrate and honor some of these “Champions of Change” who promote access to justice in their communities.  As Attorney General Eric Holder said:

All across the country, each one of them is making a difference – by helping people in dire need access legal services; by securing much-needed benefits for disabled children, military families, and veterans; by paving the way for individuals transitioning out of our prisons and jails to become productive members of their communities; and by helping to safeguard – and to empower – the most vulnerable among us.

Leading advocates from the private and public sector, including defense lawyers, prosecutors, law professors and law students attended the event.  There are 118 law schools watching the event via a live-feed, thousands more students got to witness as the Champions shared their successes and had an open discussion about the work that still remains to be done.

 Beginning on Oct. 17, 2011, a video of the event and Champions’ individual stories will be highlighted at www.whitehouse.gov/champions.  In addition, the Champions’ blogs, as well as entries from each of the 118 participating law schools describing their commitment to public service, will be featured.

 Since its launch, Access to Justice has made an impact in beginning to improve the legal system for all Americans, regardless of status. If you would like to learn more about the Access to Justice Initiative and how you can help in your own community, visit justice.gov/atj  

 
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