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U.S. Attorneys' Bulletin Vol 54 No 01, Office of Special Investigations

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U.S. Attorneys' Bulletin Vol 54 No 01, Office of Special Investigations U.S. Department of Justice - Executive Office fir United States Attorneys Bulletin January 2006 VOl. 54, No. I Office of Special Investigations Office of Special Investigations In This Issue An Introduction to the Work of the Office of Special Investigations ..... 1 January By Eli M. Rosenbaum 2006 Volume 54 OSI's Prosecution of World War II Nazi Persecutor Cases ............. 8 Number 1 By Adam S. Fels United States Taking the Paper Trail Instead of Memory Lane: OSI's Use of Ancient Department of Justice Executive Office for Foreign Documents in the Nazi Cases ............................. 14 United States Attorneys Washington, DC By Gregory S. Gordon 20535 Michael A. Battle Barring Axis Persecutors from the United States: OSI's "Watch List" Director Program ..................................................... 19 Contributors’ opinions and By Dr. Elizabeth B. White statements should not be considered an endorsement by EOUSA for any policy, program, Practical Questions and Answers About OSI for AUSAs .............. 22 or service. By Michelle Heyer The United States Attorneys’ Bulletin is published pursuant to 28 CFR § 0.22(b). OSI's Expanded Jurisdiction under the Intelligence Reform and Terrorism Prevention Act of 2004 ......................................... 24 The United States Attorneys’ Bulletin is published bimonthly by By Gregory S. Gordon the Executive Office for United States Attorneys, Office of Legal Education, 1620 Pendleton Street, Intra- and Inter-Agency Cooperation in the Investigation and Litigation of Columbia, South Carolina 29201. Periodical postage paid at Cases Involving Modern Human Rights Violators ................... 30 Washington, D.C. Postmaster: Send address changes to Editor, By Stephen J. Paskey United States Attorneys’ Bulletin, Office of Legal Education, 1620 Photograph Album ............................................ 35 Pendleton Street, Columbia, South Carolina 29201. Letter to All Subscribers from Director, Office of Legal Education Managing Editor Jim Donovan Program Manager Nancy Bowman Internet Address www.usdoj.gov/usao/ reading_room/foiamanuals. html Send article submissions to Managing Editor, United States Attorneys’ Bulletin, National Advocacy Center, Office of Legal Education, 1620 Pendleton Street, Columbia, SC 29201. An Introduction to the Work of the Office of Special Investigations Eli M. Rosenbaum During the past twenty-five years, OSI and its Director United States Attorneys' Offices partners have Office of Special Investigations won cases against 101 participants in Nazi crimes Criminal Division against humanity–a total that exceeds the number of such cases won during that period by all other I. Introduction governments of the world combined. To date, sixty of these individuals have been removed from I am pleased and grateful that the editors of the United States, helping to vindicate the USA Bulletin have solicited a series of articles on principle that the United States, which has long the work of the Criminal Division's Office of provided haven to the victims of persecution, will Special Investigations (OSI). For some readers, grant no sanctuary to the perpetrators of such much of this material will be familiar. For most, cruelties. The defendants have included senior however, it will no doubt represent a first level perpetrators such as Andrija Artukovic encounter with OSI's work. (Justice Minister and Interior Minister of Axis Croatia), Figures 1 and 2 (found on page 35), and The 20th Century has been termed "The Age Otto Albrecht von Bolschwing (an advisor to of Atrocity" and also "The Age of Impunity." It Adolf Eichmann, the SS official entrusted with surely is not hard to see why. Between 1900 and carrying out the mass murder of Europe's Jews), 1987 alone, it is estimated that governments and Figure 3 (found on page 35), as well as mid-level government-like organizations murdered 169 offenders such as Conrad Schellong (an SS guard million civilians. Yehuda Bauer, Rethinking the supervisor at the Dachau concentration camp). Holocaust, 262 YALE U. PRESS (2001). That Figures 4 and 5 (found on page 35). deeply shocking statistic, to say nothing of the continuation of the slaughter into the current Other defendants have included what might century, speaks volumes about the need for be termed the trigger-pullers of the Holocaust, systematic and aggressive law enforcement action such as George Theodorovich (who admitted to identify and bring to justice the perpetrators of under questioning by OSI attorneys that he was crimes against humanity. indeed the author of the wartime handwritten "bullet reports" obtained from archives in the Throughout the quarter-century of its then-Soviet Union, reports in which he accounted existence, OSI, which was created in 1979 by to his superiors for ammunition he had used Attorney General Order, has been taking just such shooting Jews in Nazi-occupied L'viv, Ukraine). action and, I believe, securing a significant Interview with George Theodorovich, by then- measure of justice in cases of egregious human OSI Director Neal M. Sher and the author, rights violations–specifically, Nazi and Imperial Philadelphia, Pa. (Dec 17, 1982). Another such Japanese crimes of persecution. See Order No. defendant, Alexander Schweidler, was a 851-79. Although the United States Constitution Mauthausen SS concentration camp guard and precludes the institution of criminal prosecutions dog handler who, as captured SS documentation based on the underlying offenses committed reflected, shot Allied prisoners of war to death abroad during and before World War II, it has there in 1942. Figure 6 (found on page 35). See been possible to bring civil denaturalization and SS report dated April 29, 1942, signed by deportation/removal actions, and, in the few Schweidler; source: German Bundesarchiv instances in which foreign governments have [Federal Archives]. requested extradition, to commence extradition proceedings. The goal has been to remove the Despite the lateness of the date, OSI's World perpetrators to countries that possess criminal War II-era caseload remains a relatively heavy jurisdiction. one, with nearly twenty of these uniquely challenging matters still in litigation throughout the United States and dozens of suspects JANUARY 2006 UNITED STATES ATTORNEYS' BULLETIN 1 remaining under active investigation by our small The report added, "There have been no successful office (eight prosecutors, ten investigative prosecutions since 1973." Report by the historians/country analysts, and eleven support Comptroller General of the United States, personnel). WIDESPREAD CONSPIRACY TO OBSTRUCT PROBES OF ALLEGED NAZI WAR CRIMINALS NOT With the recent expansion of OSI's SUPPORTED BY AVAILABLE EVIDENCE -- denaturalization responsibilities to encompass CONTROVERSY MAY CONTINUE 40 (GAO, May naturalized U.S. citizens who participated in 15, 1978). certain postwar human rights violations abroad, we look forward to being able to continue to count In 1979, Associate Attorney General Michael on the women and men of the U.S. Attorneys' J. Egan announced that the INS unit set up in July Offices for the wise counsel, steadfast dedication 1977 to pursue the Nazi cases (the Special to mission, and stellar prosecutorial skills that Litigation Unit, or SLU) would be transferred to have so often proved invaluable in our joint the Justice Department's Criminal Division. In pursuit of justice on behalf of the victims of Nazi testimony before the House Immigration inhumanity. In these human rights violator cases, Subcommittee in March 1979, Egan stated that the which concern some of the most tragic and SLU had been created "[a]fter at least 25 years of horrific events of modern history, OSI is eager to inaction and indifference by prior administrations, receive referrals from U.S. Attorneys' Offices, and the Immigration and Naturalization Service, and we encourage the active participation of Assistant the Congress." Nevertheless, he acknowledged United States Attorneys (AUSAs) in both the that the SLU had "not worked out as we had development and prosecution of these challenging hoped." Prepared Statement of Associate Attorney cases. General Michael J. Egan before the Subcommittee on Immigration, Refugee and International Law, This article is intended to provide a brief House Committee on the Judiciary, Concerning introduction to OSI's history, functions, updated INS Authorization, Mar. 28, 1979. In subsequent mission, and the results that have been obtained in testimony before that subcommittee in 1980, the World War II cases. Other articles in this issue Assistant Attorney General Philip Heymann will expand on some of the topics introduced here. acknowledged that the Nazi cases had been mishandled in the past by the executive branch, II. Background adding that the matter had become "something of a national scandal." Testimony quoted in Request Prior to OSI's 1979 creation, the federal for Money to Hunt Nazis Defended, by Michael J. government's efforts in the Nazi cases were Sniffen, The Associated Press, Mar. 19, 1980. handled principally by the former Immigration and Naturalization Service (INS). However, in The SLU's transfer to the Criminal Division of large part because the government did not marshal the Department of Justice (Department) was the historical and other highly specialized accomplished through Attorney General Order expertise necessary for successful investigation of No. 851-79. Pursuant to that Order, OSI was these complex cases, its efforts met mostly with created
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