United States Attorneys Bulletin
Total Page:16
File Type:pdf, Size:1020Kb
of U.S Department Justice Please distribute to all Office for United States Executive Attorneys Assistant United States Attorneys United States 4DS1AflRNE Attorneys Bulletin iii6Th ExecutiveOffice for United States Attorneys Washington D.C Carol DiBattiste Director DOMINA jusirnA United States AttorneysBulletin Staff 202 514-3572 David Marshall Nissman Editor-in-Chief Wanda Morat Editor Audrey .1 Williams Editor VOLUME 43 NO FORTY-THIRD YEAR APRIL 1995 ETHICS AND PROFESSIONAL RESPONSIBILITY States Bulletin that focuses This month we are adding new feature to the United Attorneys on professional responsibility to encounter and legal ethics This section will alert Assistants and Department lawyers potential problems they may during three summaries from the Office of Professional which trends litigation It will include two or case Responsibility identify in matters that have been reviewed without divulging the identity of any attorney In addition we will include other items of interest to our readers We hope to share information with each other about what kind of ethical difficulties we are facing and how we can best avoid them or respond to them Please contact Bernie Delia EOUSA 202514-8500 with any suggestions or comments CONTENTS ATTORNEY GENERAL IIIGHLIGffr War on Drug Traffickers 105 Common Sense Legal Reform 105 Justice Performance Review Program 105 Act 106 IIIV Testing Provisions in the Violent Crime Control and Law Enforcement Megans Law 106 Statement from the Associate Attorney General Regarding Megans Law 106 Pending Crime Bifis in Congress 107 107 Crime Bill Summary/Index Funding Rescissions In Certain Programs in the 1994 Crime Bifi 107 UNiTED STATES ArrORNIEYS OFFICES Commendations 108 Honors and Awards 113 113 Attorney Generals Advisory Committee of United States Attorneys Advisory Committee Subcommittees and Woridng Groups 113 114 Significant Cases Three Convicted in Murder Conspiracy Case Middle District of Florida 114 114 Guilty Verdicts in Securities Fraud Case Middle District of Florida VOLUME 43 NO APRIL 1995 PAGE ii CONTENTS Cont 114 Convictions in Insurance Fraud Case Northern District of Georgia of 114 Civil Labor Racketeering Claims Settled Northern District Illinois 115 Odometer Fraud District of Massachusetts 115 Sentence for Misuse of Pesticides District of Minnesota 115 University of Minnesota Grant Program Fraud District of Minnesota 116 Telemarketing Fraud Schemes District of Nevada 116 Amnesty Fraud in Las Vegas District of Nevada 116 Loansharking in NYC Human Resources Administration Eastern District of New York 117 $80 Million Home Improvement Loan Fraud Eastern District of New York 117 Extradition of Cali Cartel Leader Eastern District of New York 117 Three Anests in Arson Case Eastern District of New York World Trade Center Bomber Apprehended in Pakistan Southern District of New York 117 118 Defendants Charged in $2 Million Trading Scheme Southern District of New York District of 118 Major League Baseball Player Guilty of Tax Evasion Southern New York 118 Heroin Traffickers Indicted Southern District of New York 119 Fugitive Computer Hacker Arrested Eastern District of North Carolina 119 Major Medicaid Settlement District of Oregon of Puerto 119 Bank Robbery and Caijacking Guilty Pleas District Rico 120 Large Drug Operation Dismantled District of Puerto Rico 120 Favorable Ruling in Timber Sales District of South Dakota District of 120 Aerospace Engineer Sentenced in Bribery and Kickback Scheme Southern Texas District of 121 U.S Attorney Seeks Death Penalty Northern Texas 121 Telecommunications Fraud Leader Sentenced Eastern District of Virginia District of 121 Insurance Company Fraud by Staging Auto Accidents Eastern Virginia 121 Anti.Abortion Protestors Sentenced Eastern District of Wisconsin EXECUTWE OFFICE FOR UNiTED STATES ATTORNEYS New Research and Publications Branch Office of Legal Education 122 122 Regional Security Specialist Program 122 New Data Analysis Group 123 EOUSA Staff IJpdate 124 EOUSA Director Testifies Before the House Appropriations Subcommittee 124 Streamlining Personnel Issues 124 Delegation of Personnel Actions United States 124 Special Assistant Attorney SAUSA Delegation Seiual Harassment 125 Case Management 125 125 Federal Retirement System Changes Office of Legal Education 126 AGAI 127 127 Information 127 Office of Legal Education Contact AGAlCourses 128 LEI Courses 129 DEPARTMENT OF JUSTICE HIGHLIGHTS Bureau of Prisons 130 130 Special Counsel for Health Care Fraud 130 Antitrust Division 130 Chief of Staff 130 Antitrust Deputy for Regulatory Affairs 131 PriceFixing 131 MergerinOilandGasProductionlndustiy VOLUME 43 NO APRIL 1995 PAGE iii CONTENTS Cont Medical Fraud and Abuse Detection Proposal Approved 131 Television Stations to Exchange Information on Prices 131 American Trucking Associations Inc Proposal Approved 132 Civil Rights Division 132 Freedom of Access to Clinic Entrances Act 132 Americans with Disabilities Act 132 Civil Division 133 Debt Collection Firm Agrees to Pay Large Penalty 133 Case Summaries 134 Strickland Commission Maine Dept of Human Services Secretary U.S Dept of Agriculture 134 Million Frank 134 Connecticut Hosp Assn Weicker 135 Criminal Division 135 Office of Special Investigations 135 Advisory Committee on Federal Rules of Evidence 135 Environment and Natural Resources Division 136 United States Enters Public Lands War in Nevada County 136 Clean Water Act Agreement with Metropolitan Dade County Florida 136 Case Summaries 137 U.S Buckeye Pipeline Co. et al 137 U.S Kenneth Morrison 137 U.S.v.FrankZahar.etal 137 U.S Daniel Fern 138 U.S James Blair Jr 138 U.S Collier Oil et al 138 U.S Applied Coating Services Inc. et al 139 Office of Justice Programs 139 Crime Law Implementation Update 139 Office of the Solicitor General 139 Federal Election Commission NRA Political Victory Fund 139 McKennon Nashville Banner Publishing Co 140 United States Mezzanatto 140 Swint Chambers County Commission 141 Tax Division 141 Lundvv Commissioner 141 United States John Hunter 142 Conoco Inc. Commissioner 142 ETHICS AI1 PROFESSIONAL RESPONSIBILiTY 143 SENTENCING GU1DELTh4ES 145 Guideline Sentencing Update 145 CAREER OPPORTUMTIES 145 Civil Rights Division Voting Rights Section 145 VOLUME 43 NO.4 APRIL 1995 PAGE iv CONTENTS Cont APPENDIX Letter from Attorney General Janet Reno and Counsel to the President Abner Mikva to The Honorable Newt Gingrich A-I APPENDIX Letter of March 1995 from Attorney General Janet Reno Secretary of Education Richard Riley and Secretary of Health and Human Services Donna Shalala to The Honorable Bob Livingston B-i APPENDIX Summary of the Attorney Generals Advisory Committee Meeting C-i of February 14-15 1995 D-l APPENDIX Advisory Committee Subcommittees and Working Groups E-I APPENDIX Office of Legal Education Course Nomination Form APPENDIX Guideline Sentencing Update F-i APPENDIX Cumulative List of Changing Federal Civil Postjudgment Interest Rates 0-i APPENDIX List of United States Attorneys H-I Please send name or The Editor United States Attorneys Bulletin 6012 address change to Department of Justice Room 600 Street N.W Washington D.C 20530 Telephone 202514-3572 FAX 202616-6653 VOLUME 43 NO APRIL 1995 PAGE 105 ATTORNEY GENERAL HIGHLIGHTS WAR ON DRUG TRAEFICKERS On March 1995 Attorney General Janet Reno announced that the FBI has placed Juan Garcia Abrego leading international drug trafficker on the Ten Most Wanted Fugitives list Federal indictment in Houston Texas charged that Garcia-Abrego is the leader of powerful Mexican drug árganization responsible for transporting tons of Colombian cocaine into the United States for the Cali Cartel and for authorizing acts of violence including murders to promote drug activities The Attorney General praised the efforts and coordination of the United States Attorneys FBI and DEA in their joint investigation and prosecution of the Garcia-Abrego organization To dtº more than 70 individuals in the Southern and Northern Districts of Texas the Middle District of Florida and the Eastern and Southern Districts of New York have been convicted and more than 14 tons of cocaine have been seized COMMON SENSE LEGAL REFORM On March 1995 Attorney General Janet Reno and Counsel to the President Abner Mikva forwarded letter to the Honorable Newt Gingrich concerning the proposed tort reform legislation for the American legal system They emphasized that the civil justice system can and should be reformed but must be fair to all parties and respectful of the important role of the states in our Federal system copy of the letter is attached as Appendix JUSTICE PERFORMANCE REVIEW PROGRAM On March 1995 Deputy Attorney General Jamie Gorelick issued memorandum to the Heads of Department components announcing that Vice President Gore launched Phase II of the National Performance and that each undertake Review NPR requesting Department fundamental rethinking of what the Federal Government should do and how it should do it To comply with the Vice Presidents request 15 laboratories and employee innovations teams are being established to address variety of cross-cutting issues These initiatives resulted from component recommendations and comprehensive review of employee suggestions The Deputy Attorney General expressed enthusiasm for the Departments efforts to remain at the forefront of the Administrations goal of creating more efficient United Government States Attorneys offices can get copy of these materials from their Administrative Officers VOLUME 43 NO APRiL 1995 PAGE 106 HIV TESTING PROVISIONS iN THE VIOLENT CRIME