Vol IV Part F Ch. 1 DOJ Handling of the RTC Referrals
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Federal Register/Vol. 85, No. 101/Tuesday, May 26, 2020/Notices
Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices 31497 response to its request, in connection or entity in (a) responding to a ADMINSITRATIVE, TECHNICAL, AND PHYSICAL with hiring or retaining an employee, suspected or confirmed breach or (b) SAFEGUARDS: issuing a security clearance, reporting preventing, minimizing, or remedying FCA implements multiple layers of on an investigation of an employee, the risk of harm to individuals, the security to ensure access to records is letting a contract, or issuing a license, recipient agency or entity (including its limited to those with need-to-know in grant, or other benefit to the subject of information systems, programs, and support of their official duties. Records the record. operations), the federal government, or are physically safeguarded in a secured (4) We may disclose a record or national security, resulting from a environment using locked file rooms, information in the record system to a suspected or confirmed breach. file cabinets, or locked offices and other Federal congressional office to respond (10) We may disclose a record or physical safeguards. Computerized to an inquiry from that office made at information in the record system to records are safeguarded through use of the request of the person who is the appropriate agencies, entities, and user roles, passwords, firewalls, subject of the record. persons when (a) the FCA suspects or encryption, and other information (5) We may disclose a record or has confirmed that there has been a technology security measures. information in the record system to the breach of the system of records; (b) the RECORD ACCESS PROCEDURES: U.S. -
1977 Legislative History - House Report
1977 Legislative History - House Report 95th Congress Report } HOUSE OF REPRESENTATIVES { 1st Session No. 95-640 UNLAWFUL CORPORATE PAYMENTS ACT OF 1977 ________________ September 28, 1977 - Ordered to be printed _______________________ Mr. Staggers, from the committee of conference, submitted the following REPORT together with MINORITY VIEWS [To accompany H.R. 3815] [Including cost estimate of the Congressional Budget Office] The Committee on Interstate and Foreign Commerce to whom was referred the bill (H.R. 3815) to amend the Securities Exchange Act of 1934 to make it unlawful for an issuer of securities registered pursuant to section 12 of such Act or an issuer required to file reports pursuant to section 15(d) of such Act to make certain payments to foreign officials and other foreign persons, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment strikes out all after the enacting clause and inserts in lieu thereof the following: [language of bill omitted] {4} PURPOSE OF THE LEGISLATION H.R. 3815 is designed to prohibit the corrupt use of the mails or other means and instrumentalities of interstate commerce by U.S. corporations, directly or indirectly, to bribe foreign officials, foreign political parties, or candidates for foreign political office. The bill's coverage does not extend to so-called grease or facilitating payments. NEED FOR THE LEGISLATION More than 400 corporations have admitted making questionable or illegal payments. The companies, most of them voluntarily, have reported paying out well in excess of $300 million in corporate funds to foreign government officials, politicians, and political parties. -
Arkansas Supreme Court Project Arkansas Supreme Court Historical Society Interview with Ray Thornton Little Rock, Arkansas September 20, 2011
This oral history with former Justice Ray Thornton was conducted in two parts, on September 20, 2011, by Scott Lunsford of the David and Barbara Pryor Center for Oral and Visual History at the University of Arkansas and on February 21, 2013, by Ernest Dumas. The second interview goes into more detail on some aspects of his political career, particularly the Supreme Court. The Dumas interview follows the end of the Lunsford interview. Arkansas Supreme Court Project Arkansas Supreme Court Historical Society Interview with Ray Thornton Little Rock, Arkansas September 20, 2011 Interviewer: Scott Lunsford Scott Lunsford: Today’s date is September 20 and the year is 2011 and we’re in Little Rock at 1 Gay Place. I’m sorry, I don’t know the name of the person whose residence we are at, but we decided we wanted kind of a quiet, withdrawn place to do this interview and Julie Baldridge, your loyal helper… Ray Thornton: She and I have worked together for many years and she is really an extraordinary person. And on this day she has just been named the interim director of the Arkansas Scholarship Lottery Commission staff in Little Rock. SL: That’s a great honor. RT: Well, it is for her and she deserves it. SL: Well, we’re very grateful for her help in finding this place and getting us together. Let me say first that it is a great honor to be sitting across from you and I’ve looked forward to this for some time. Now, let me give you a brief description of what we’re doing here. -
Investigation of Whitewater Development Corporation and Related Matters
104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERSÐFINAL REPORT 1 104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 U.S. GOVERNMENT PRINTING OFFICE 25±225 WASHINGTON : 1996 SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS ALFONSE M. D'AMATO, New York, Chairman RICHARD C. SHELBY, Alabama PAUL S. SARBANES, Maryland CHRISTOPHER S. BOND, Missouri CHRISTOPHER J. DODD, Connecticut CONNIE MACK, Florida JOHN F. KERRY, Massachusetts LAUCH FAIRCLOTH, North Carolina RICHARD H. BRYAN, Nevada ROBERT F. BENNETT, Utah BARBARA BOXER, California ROD GRAMS, Minnesota CAROL MOSELEY-BRAUN, Illinois PETE V. DOMENICI,* New Mexico PATTY MURRAY, Washington ORRIN G. HATCH, Utah PAUL SIMON, Illinois FRANK H. MURKOWSKI, Alaska HOWARD A. MENELL, Staff Director ROBERT J. GIUFFRA, Jr., Chief Counsel PHILIP E. BECHTEL, Deputy Staff Director STEVEN B. HARRIS, Democratic Staff Director and Chief Counsel MICHAEL CHERTOFF, Special Counsel RICHARD BEN-VENISTE, Democratic Special Counsel ALICE S. -
Criminal Justice Reform in Post-Conflict States a Guide for Practitioners
Criminal justice reform in post-conflict States A guide for practitioners UNITED STATES INSTITUTE OF PEACE UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Criminal justice reform in post-conflict States A guide for practitioners Developed jointly with the United States Institute of Peace UNITED NATIONS New York, 2011 © United Nations, September 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city, area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna Foreword The reform of criminal justice systems has become a priority for the international com- munity in its efforts to assist transitional and post-conflict societies in re-establishing the rule of law. In different parts of the world—from Afghanistan to Iraq, Haiti to Liberia— numerous international and regional organizations, bilateral donors, and non-governmen- tal organizations are engaged in a variety of activities aimed at rebuilding or developing criminal justice systems. The men and women sent by the international community to advise post-conflict States on specific facets of criminal justice reform are talented, dedicated, and hard working. However, their determination to make a difference can lead them—especially those unfamiliar with the requirements of operating in unstable and unpredictable post-conflict environments—to focus solely on their own aspects of criminal justice reform and lose sight of the challenges and complexities of criminal justice reform as a whole. -
Criminal Referral of Alleged 'Unlobbyist'
Portfolio Media. Inc. | 860 Broadway, 6th Floor | New York, NY 10003 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Criminal Referral Of Alleged 'Unlobbyist' Is A Wake-Up Call Law360, New York (July 31, 2014, 11:08 AM ET) -- An unexpected announcement last week from the Office of Congressional Ethics (“OCE”) ought to serve as a wake-up call for many consultants, strategic advisers, corporations and others who lobby the federal government. At the tail end of its quarterly report to Congress, the OCE — an independent, nonpartisan entity in the legislative branch that reviews alleged misconduct by House members and staff — noted that, in the second quarter of 2014, it voted to refer an unnamed entity “to the U.S. Attorney’s Office of the District of Columbia for failure to register under the Lobbying Disclosure Act.” This referral, which appears to be the first of its kind, is a major development in the regulation of lobbying and may signal a turning point in enforcement of lobbying disclosure laws. The LDA was enacted in 1995 and substantially amended, following the Jack Abramoff lobbying and gift scandals, by the Honest Leadership and Open Government Act of 2007. The transparency-focused law requires entities employing “lobbyists” to register and file reports with the Secretary of the U.S. Senate and Clerk of the U.S. House. These electronically filed reports are available to the public on Congress’ website. Becoming a registered lobbyist is no picnic. Registrants must implement compliance systems aimed at capturing the information they need to report about their lobbying activities, which can be expensive and time-consuming. -
Journal of the 372 T30.7
T30.7 JOURNAL OF THE MARCH 24 with the Senate thereon, was, by unan- and faithfully discharge the duties of latory agencies to request certain doc- imous consent, laid on the table. the office.' uments of an oversight interest [exam- Thereupon, the SPEAKER pro tem- ``If the majority party refuses to up- ple, Tab A]. In a followup letter I pore, Mrs. KENNELLY, by unanimous hold its responsibilities because of po- pointed out, as the courts have noted, consent, announced the appointment of litical embarrassment to its party's `The Congress rarely acts as a body. Its Messrs. BRYANT, GLICKMAN, FRANK, top elected official, the minority party manifold duties in the legislative, in- FISH and GEKAS, as managers on the is left with the choice either of joining vestigative, and oversight fields are al- part of the House at said conference. in a complicity of silence or pursuing most invariably carried out through Ordered, That the Clerk notify the investigations that run the danger of committees, committee chairmen, in- Senate thereof. being partisan. dividual members, and staff personnel.' ``In this context, I would simply em- Murphy v. Department of Army, 613 F.2d T30.7 POINT OF PERSONAL PRIVILEGE phasize that I raised the Whitewater 1151, 1156 (1979). In addition, the court Mr. LEACH rose to a question of per- issue with great reluctance, realizing stated: sonal privilege. the import as well as the power of the The Senate and the House are so organized The SPEAKER pro tempore, Mrs. Presidency. I fully understand the po- that certain legislative and quasi-legislative KENNELLY, pursuant to clause 1 of litical and personal liabilities involved. -
ICC-OTP, Policy Paper on Preliminary Examinations
Le Bureau du Procureur The Office of the Prosecutor Policy Paper on Preliminary Examinations November 2013 Policy Paper on Preliminary Examinations November 2013 http://www.legal-tools.org/doc/acb906/ November 2013 Policy Paper on Preliminary Examinations Table of Contents Executive Summary I. Introduction II. The Rome Statute System III. General Principles (a) Independence (b) Impartiality (c) Objectivity IV. Article 53(1)(a)–(c) Factors (a) Jurisdiction (b) Admissibility (i) Complementarity (ii) Gravity (c) Interests of Justice V. Conduct of Preliminary Examination (a) Initiation of Preliminary Examination (b) Procedure: a Statutory-Based Approach (c) Preliminary Examination Activities (d) Termination of Preliminary Examination VI. Policy objectives (a) Transparency (b) Ending Impunity (c) Prevention © ICC-OTP 2013 1 November 2013 Policy Paper on Preliminary Examinations Policy Paper on Preliminary Examinations Executive Summary 1. In accordance with the Rome Statute, the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) is responsible for determining whether there is a reasonable basis to proceed with an investigation into a situation pursuant to the criteria established by the Rome Statute, subject to judicial authorisation as appropriate. As reflected in the principle of complementarity, national jurisdictions have the primary responsibility to end impunity for the crimes listed under the Rome Statute, namely genocide, crimes against humanity, and war crimes. However, in the absence of genuine national proceedings, the OTP will seek to ensure that justice is delivered for crimes within the jurisdiction of the Court. 2. The Office will conduct, on the basis of its proprio motu powers under article 15 of the Statute, a preliminary examination of all situations that are not manifestly outside the jurisdiction of the Court. -
Report to Congress: Criminal Referrals by the United States
United States Department of Justice Executive Office for United States Trustees Report to Congress: Criminal Referrals by the United States Trustee Program Fiscal Year 2018 (As required by Section 1175 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Public Law 109-162) May 2019 Table of Contents EXECUTIVE SUMMARY ......................................................................................................... 1 INTRODUCTION........................................................................................................................ 2 I. NUMBER AND TYPES OF CRIMINAL REFERRALS ................................................. 3 II. OUTCOMES OF CRIMINAL REFERRALS ................................................................... 5 III. COMPARISON WITH CRIMINAL REFERRALS MADE IN PREVIOUS YEAR .... 6 IV. USTP EFFORTS TO PREVENT BANKRUPTCY FRAUD AND ABUSE .................... 6 SUMMARY ................................................................................................................................... 9 EXECUTIVE SUMMARY The Director of the Executive Office for United States Trustees (EOUST) is required to submit an annual report to Congress under the provisions of Section 1175 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162). Section 1175 states: The Director of the Executive Office for United States Trustees shall prepare an annual report to the Congress detailing − (1) the number and types of criminal referrals made by -
24 Complementarity and Alternative Forms of Justice
24 Complementarity and alternative forms of justice A new test for ICC admissibility GREGORY S. GORDON Abstract Certain commentators believe that domestic resort to alternative resolution (justice) mechanisms (‘ARMs’), such as Uganda’s mato oput (a local tribal rite) or truth commissions, can relieve the International Criminal Court (‘ICC’) of its obligation to prosecute under the complementarity principle. However, this literature provides only general suggestions for how the ICC could determine whether alternative mechanisms render a case inadmissible under the complementarity regime. This chapter proposes a concrete set of analytic criteria the ICC can use to formulate an admissibility test for conducting complementarity analysis in difficult cases of municipal reliance on ARMs. The admissibility test entails consideration and parsing of five categories: (1) the circumstances surrounding the ICC referral and request for deferral; (2) the political system and infrastructure in the domestic jurisdiction; (3) the ARM itself; (4) the crimes at issue; and (5) the prosecution target. The chapter demonstrates that, although it would be rare, some alternative justice proposals – especially those that mix and match ARMs and combine them with domestic criminal trials – might pass the proposed complementarity admissibility test. In the end, this analysis helps illuminate our increasingly complex understanding of the relationship between international criminal law and local initiatives in situations of gross human rights violations. Effective atrocity justice, the chapter contends, entails a proper division of labor between local restoration and global retribution. While complementarity could be the ideal medium through which to achieve that allocation, the proposed analytic criteria should be used to weave both peace and justice more seamlessly into the procedural fabric of international criminal law. -
FCA's Criminal Referral Process
Farm Credit Administration Office of Inspector General Audit Report Farm Credit Administration’s Criminal Referral Process A-19-03 March 12, 2020 March 12, 2020 The Honorable Glen R. Smith, Board Chairman The Honorable Jeffery S. Hall, Board Member Farm Credit Administration 1501 Farm Credit Drive McLean, Virginia 22102-5090 Dear Chairman Smith and Board Member Hall: The Office of Inspector General (OIG) completed an audit of the criminal referral process at the Farm Credit Administration (FCA or Agency). The objective of this audit was to determine whether FCA’s criminal referral and follow-up process is effective and efficient. To ensure public confidence in the Farm Credit System and to ensure safety and soundness, FCA requires all institutions to report known or suspected criminal activity. The referral requirement applies to known or suspected criminal violations of the United States Code involving assets, operations, or affairs of an institution. The OIG found that FCA has established regulations on criminal referral requirements and has processes in place to enable examination staff to access criminal referral information that could assist in safety and soundness reviews. We also found that various offices work together to collect, store, and review criminal referrals and communicate issues and concerns. However, we identified opportunities to improve the overall effectiveness and efficiency of collecting, storing, and analyzing criminal referrals. We made seven recommendations to strengthen the overall criminal referral process. These improvements should help protect information in FCA systems, formally document procedures, and further the Agency’s analytic capabilities of criminal referrals. It is also important to note that FCA personnel are developing clarification guidance for the criminal referral regulations. -
OIG-OPR Investigation of Allegations of Politicized Hiring and Other
An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division U.S. Department of Justice U.S. Department of Justice Office of the Inspector General Office of Professional Responsibility July 2, 2008 (Released Publicly January 13, 2009) TABLE OF CONTENTS CHAPTER ONE: INTRODUCTION............................................................... 1 CHAPTER TWO: BACKGROUND................................................................ 4 I. Legal Standards ................................................................................ 4 II. Organization of the Civil Rights Division............................................ 6 III. Leadership of the Civil Rights Division, 2001 to 2007 ........................ 9 IV. The Attorney Hiring Process in the Division..................................... 11 A. Hiring by Sections: 2001 to February 2002 ........................... 11 B. New Hiring Procedures: February 2002................................. 11 C. Memorandum on Personnel Practices: June 2007................. 13 CHAPTER THREE: ATTORNEY PERSONNEL DECISIONS: HIRING, TRANSFERS, CASE ASSIGNMENTS, AND OTHER PERSONNEL ACTIONS WITHIN THE CIVIL RIGHTS DIVISION ............................ 14 I. Hiring ............................................................................................. 15 A. Schlozman’s Role in the Hiring Process.................................. 16 B. Additional Evidence and E-mails ........................................... 20 C. Schlozman’s Statements .......................................................