L.A.'s Homeboy Industries lays off most employees

The institution dedicated to helping gang members quit lives of crime has been unable to raise the $5 million it needs. A quarter of the staff will remain.

By Hector Becerra, Los Angeles Times

May 14, 2010

Homeboy Industries, the Los Angeles institution whose mission for more than 20 years has been to turn jobs into a recipe for saving the lives of gang members, laid off most of its employees Thursday because of crushing financial problems.

Father Gregory Boyle, who started Homeboy Industries in Boyle Heights during the height of the city's gang wars, said 300 people were laid off, including all senior staff and administrators. Boyle said he has stopped taking a paycheck.

"We let people know so they could apply for unemployment, which I'm going to do as well," he said.

Inside the organization's headquarters at Alameda and Bruno streets in Chinatown, employees — many of them former gang members — took turns embracing and consoling Boyle. Young men crowded around him and promised to come back even without pay.

"We love you, G. We'll be here tomorrow," said one. The 55-year-old priest called it a "Frank Capra moment," but he was noticeably dejected.

For two decades, Homeboy Industries has offered counseling, removed tattoos and helped gang members find jobs. Its motto: "Nothing stops a bullet like a job."

But Boyle said no amount of campaigning and fundraising could make up the roughly $5 million the organization needed to operate. He said pleas for donations had resulted in some help, but not nearly enough.

He acknowledged that the people Homeboy Industries helps have always been a hard sell, and more so when the economy is struggling.

"If these were puppies or little kids, we wouldn't be in this trouble," he said. "But they're tattooed gang members with records. So I think a lot of people love this place, but not the folks who can write the big checks, the 'Save the Hollywood sign' check."

The only employees not laid off were more than 100 who work in the organization's businesses, including its store, bakery and Homegirl Cafe. Boyle said that for the moment, the social services offered would continue, precariously, only because employees said they would keep coming. Eventually, like others left in the lurch by the worst economic downturn since the 1930s, many would need to find work elsewhere.

"We cobbled together payrolls since November. But it was not enough to save us," Boyle said. "Hope has left the building a little bit. Miracles happen. They just haven't happened for us lately."

Still, the priest emphasized to his staff that this was not the end for Homeboy Industries.

Boyle acknowledged some blunders. When he embarked on a campaign to raise money to buy the building on Alameda Street, the organization did not factor in enough money to pay for operations that serve more than 12,000 gang members and former gang members a year, he said.

The $5 million "should have been included in our capital campaign, and it wasn't," Boyle said. "And that was our error.... We sort of forgot that we were going to put a program in this place."

Homeboy Industries probably would have weathered that mistake, but then the recession struck — and the organization became busier.

"The recession happened, and everyone and his mother, every ZIP Code that has a gang had people coming here from all over the county," Boyle said.

Homeboy Industries has gotten plaudits from influential politicians, celebrities and, increasingly, high-ranking LAPD officials — though over the years, rank-and-file officers have been critical, calling Boyle an apologist for gangbangers who don't always change.

But Boyle has become an L.A. icon because of his work, with some supporters saying he should be considered for the Nobel Peace Prize.

Hector Verdugo, 35, a former gang member from Boyle Heights who became a top administrator at Homeboy Industries, said it was only natural that the priest's wards would try to comfort him when they saw him crying Thursday. Together, they prayed in the lobby and vowed to return as long as they could, even without pay.

"Everyone just said, 'Thank you, G, for bringing us this far,' " said Verdugo, a father of three. "But this isn't the end. Like Father G said, this is just a pause."

http://www.latimes.com/news/local/la-me-0514-homeboy-industries-20100514,0,5406290,print.story

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Quiet border towns don't live up to their notoriety

Southern cities from Texas to California are fairly secure from border violence, despite the ongoing drug war in Mexico.

By Nicholas Riccardi, Los Angeles Times

May 13, 2010

Reporting from Nogales, Ariz.

On the other side of the metal barrier that separates this town from its namesake in Mexico, there have already been more than 120 homicides this year, including the assassination of the assistant police chief.

In this sleepy town of 21,000, there hasn't been a killing in three years.

"If you look at it statistically, if you look at the community as a whole, it's very, very safe," said Police Chief Jeffrey Kirkham.

Despite the drug war that has claimed thousands of lives in Mexico, communities along the U.S. side of the 2,000-mile southern border have shown virtually no increase in crime for several years.

There are dozens of towns, counties and cities along the border and no single measure of crime along the whole frontier. But a review of crime statistics for the largest communities and interviews with law enforcement officials from Texas to California show that, despite a widespread perception that the violence in Mexico has spread north, U.S. border communities are fairly secure. Some have even become safer.

"It's not spilling over to our side of the border," said William Lansdowne, police chief in San Diego, where violent crime has dropped 8% in the last three years. "We police it really well."

At a Senate hearing last month, Homeland Security Secretary Janet Napolitano — who, as Arizona governor, called for the deployment of National Guard troops to control the border — said the border was "as secure now as it has ever been."

That's not to say that border towns like Nogales are Mayberry RFD. The police tend to the same car accidents and domestic disputes as many small-town departments, but they also spend time chasing down 25-pound bales of marijuana that smugglers hoist over the border fence.

Plenty of tension remains along the border as well. Highly armed Mexican drug cartels continue to smuggle narcotics through the vast desert, especially in lightly populated southern Arizona. There are occasional eruptions of violence, such as the slaying of a Border Patrol agent tracking illegal immigrants outside San Diego last year and the fatal shooting of an Arizona rancher in March, possibly by a drug smuggler.

The latter incident is often cited by supporters of Arizona's controversial new anti-illegal immigration law. Opponents of the law say it could lead to widespread racial profiling, but Republican Gov. Jan Brewer voiced the views of many of the measure's supporters when she signed it into law last month.

"We cannot delay while the destruction happening south of our international border creeps its way north," she said.

At a recent forum in San Diego, U.S. Customs and Border Protection Commissioner Alan Bersin said politicians and the media exaggerated the dangers along the border.

"I think people on the border are becoming increasingly dissatisfied with the kind of political reaction that can generate a law like the Arizona law," Bersin said. "People on the border are periodically the subject of media attention that focuses on a border that most of us instinctively know is not out of control."

Laredo, Texas, has had two homicides this year, neither of which was related to the drug war across the border. Police spokesman Joe Baeza said the city had a hard time convincing people from outside the area of the relative calm.

"We get so many phone calls from people all over the country worried to come down here and do business because they think [the drug war] is happening on our side — and it's not," Baeza said. He added that Laredo saw a rise in violence earlier in the decade, but additional federal agents and smart policing stamped it out.

"The law enforcement community are really busting their backs to make sure that doesn't happen on this side, and the proof is in the pudding," Baeza said.

The Mexican border metropolis of Ciudad Juarez now has a higher murder rate than Baghdad as drug cartels battle for turf. Its neighbor on the U.S. side, El Paso, has long been one of the nation's safest big cities, with more than 600,000 people. Last year it was ranked second-safest behind Honolulu.

"Life in El Paso is good," said police spokesman Michael Baranyay, citing the one homicide the city has logged this year. "I don't think their issues over there are the same. They're not trying to get territory over here, they're trying to get territory over there."

In Yuma County, on the southwestern edge of Arizona, smugglers used to shoot at sheriff's deputies from across the Colorado River. But an influx of border patrol agents — there are now 18,500 on the entire border, more than ever before — chased crime away, said Capt. Eben Bratcher.

"It's tapered off to close to nothing now," he said.

There may be a cost to success, according to those who fight crime here.

"As the ports of entry and some of the other choke points have locked down, that's raised the stakes," said Lt. Jeff Palmer, head of the Pima County Sheriff's Border Crime Unit, which patrols the deserts between Tucson and Mexico. "People are more willing to commit violent acts to get their materials across."

That may be what's happening in Cochise County, a swath of rugged desert in the southeastern corner of the state that has been a favorite path for illegal immigrants and drug smugglers since the federal government fortified the California border in the 1990s.

Robert Krentz, a devout Catholic known for giving food and water to migrants who crossed his ranch near the border, was found shot to death in March. Footprints from the scene led into Mexico.

Crime statistics have been flat in Cochise County for a decade. But Carol Capas, a spokeswoman for the county sheriff's office, said that obscured a rise in border violence.

Burglaries in the rural area where Krentz lived have nearly doubled in the last year. Nearby, one man was tied up at gunpoint when he went to help apparently stranded migrants. "The crime is spilling over," she said. "I don't know that we're going to catch a break here."

When Kirkham left law enforcement agencies in Phoenix's suburbs to become chief in Nogales, his colleagues thought he was crazy and entering a war zone. Now Kirkham laughs. The dark side of immigration and drug trafficking is more visible near Phoenix, 180 miles north, where migrants are often held for ransom by smugglers .

"All those issues don't hang by the border," Kirkham said. The smugglers "want to get away from it as fast as possible."

Indeed, the cartels have an interest in the peace and quiet of the U.S. side of the border — sometimes they use it as a safe zone for their operations. For several months, Kirkham said, his department monitored three suspected hit men from Mexico who stayed in a posh suburb just north of town, journeying back to Nogales' southern neighbor, apparently to perform assassinations.

The men, who were eventually arrested in Mexico, were on their best behavior in the U.S., he said.

http://www.latimes.com/news/nationworld/nation/la-na-border-crime-20100514,0,914254,print.story

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AP-Univision Poll: Views on Arizona law divided along ethnic lines

An Associated Press-Univision Poll has found that big majorities of Latinos consider illegal immigrants a boon to the United States and condemn Arizona's new law targeting undocumented people. That is a sharp contrast to how non-Latinos view the smoldering issue of immigration.

The poll, taken earlier this month, found that 74% of Latinos said the illegal immigrants in the U.S. mostly contribute to society. Just 35% of non-Latinos agreed.

Some 67% of Latinos said they oppose the Arizona law, compared with 20% of non-Latinos. The law allows local police to demand citizenship papers from suspected illegal immigrants and to detain them if they cannot produce the documents.

http://latimesblogs.latimes.com/dcnow/2010/05/apunivision-poll-immigration-splits-americans.html

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Two held in raids connected to Shahzad

A top Massachusetts law enforcement official says two men who have been taken into custody in connection with the failed Times Square car bomb are considered to have had a “direct connection” to the suspect, Faisal Shahzad.

The official said the men are believed to have provided money to Shahzad, but investigators are not sure whether they were witting accomplices or simply moving funds as is common between Middle Eastern and Central Asian nationals who live in the U.S. The official spoke on condition of anonymity because the investigation is ongoing.

The official said “these people might be completely innocent and now know what they were providing money for, but it's clear there's a connection.”

Investigators said Shahzad has been cooperating since his arrest last week.

http://latimesblogs.latimes.com/dcnow/2010/05/two-held-in-raids-connected-to-shahzad.html

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Arrests made for alleged immigration violations as Times Square bombing attempt is investigated

In describing the development at a House Judiciary Committee hearing, the attorney general said the arrests came as investigators looking into the bombing attempt executed search warrants at locations he did not specify other than to say they were in the Northeast.

Holder said the latest action came on Thursday morning and was “the product of evidence gathered in the investigation” of the Times Square case.

A Justice Department spokesman said earlier that two people were in federal custody after search warrants were issued in connection with the Times Square probe.

http://latimesblogs.latimes.com/dcnow/2010/05/several-people-taken-into-custody-in-times-square-case.html

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Glendale woman found in Merced now says she made up kidnapping claim

http://latimesblogs.latimes.com/lanow/

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Directors at Cannes sign petition supporting Roman Polanski as he fights extradition to L.A.

Roman Polanski is getting more support from the movie industry in his battle to avoid extradition to face sentencing in a sex case in Los Angeles.

Several noted directors have signed a petition in support of Polanski at the Cannes Film Festival.

The effort comes several days after a Los Angeles judge denied Polanski's request to unseal transcripts of recent testimony by the original prosecutor in his 33-year-old sex-crime case, rejecting arguments that they were necessary for the filmmaker's extradition proceedings.

Polanski is under house arrest in Switzerland, awaiting word on whether Swiss authorities will send him back to L.A. to face sentencing for having sex with a girl more than three decades ago.

Polanski broke his silence on the issue earlier this month, claiming L.A. prosecutors want "to serve me on a platter to the media of the world."

"I can remain silent no longer because the California court has dismissed the victim's numerous requests that proceedings against me be dropped, once and for all, to spare her from further harassment every time this affair is raised once more," Polanski wrote.

According to the Associated Press, directors Jean-Luc Godard, Mathieu Amalric and Bernard Tavernier have signed the petition at Cannes.

The petition reads in part: "They hereby appeal to the Swiss authorities, entreating them not to believe the word of Governor [Arnold] Schwarzenegger and the prosecutors of the state of California."

http://latimesblogs.latimes.com/lanow/2010/05/directors-at-cannes-sign-petition-supporting-polanski-as-he-fights-extradition-to-la.html#more

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Operation Streamline: Border enforcement that doesn't work

Arizona Sens. McCain and Kyl want to expand the program, but the evidence shows that it is ineffective and should be ended.

Joanna Lydgate

May 14, 2010

On the same day the Arizona Legislature passed a strict and controversial immigration bill, the state's two U.S. senators, John McCain and Jon Kyl, announced a tough new federal border enforcement plan.

The federal plan got far less attention than the headline-grabbing state initiative, but it deserves the same scrutiny. Among other problematic suggestions, McCain and Kyl have recommended expanding Operation Streamline, a costly initiative aimed at criminally prosecuting and imprisoning every immigrant who crosses the U.S.-Mexico border unlawfully.

I recently conducted a study of Operation Streamline for the Warren Institute, a think tank at UC Berkeley School of Law, traveling to four border cities where the program is in place. In each city, I observed court proceedings and interviewed federal judges, prosecutors and defense attorneys. I also analyzed prosecution data from the border district courts.

Our report concludes that Operation Streamline forces federal prosecutors to spend their time and resources on people with no criminal history — men and women looking for work in U.S. factories and farms — instead of focusing on the drug cartels responsible for the recent surge in border violence.

Before Operation Streamline began in 2005, most unlawful border crossers were processed in the civil immigration system. The Department of Homeland Security returned first-time border crossers to their home countries or detained and deported them. The U.S. attorney's office usually saved prosecution for immigrants with criminal records and for those who made repeated attempts to cross the border.

But in many border cities today, federal prosecutors no longer get to choose which immigrants to prosecute; they must prosecute everyone. As a result, nonviolent border crossers are clogging up federal courts and straining the resources of judges, attorneys, U.S. marshals and court personnel. From 2002 to 2009, federal magistrate judges along the U.S.-Mexico border saw their misdemeanor immigration caseloads skyrocket. Criminal prosecutions of petty immigration-related offenses increased by more than 340% in the border district courts.

To handle the onslaught of cases, many courts have had to cut procedural corners. Judges conduct mass hearings, during which as many as 80 defendants plead guilty at a time, depriving immigrants of their legal rights. In December 2009, the U.S. 9th Court of Appeals held that these mass plea hearings in Tucson violated federal law. More than one judge has described Operation Streamline as assembly-line justice.

The increase in immigration cases has also meant fewer prosecutions of other sorts. As petty immigration prosecutions more than tripled nationwide from 2003 to 2008, researchers at Syracuse University found that organized-crime prosecutions and drug prosecutions declined by 20%, and weapons prosecutions fell by 19%.

Ironically, there is no convincing proof that Operation Streamline reduces undocumented immigration. The program's proponents argue that unlawful border crossings have gone down since it began, but apprehension rates along the border have always tended to rise and fall over time. According to experts in the fields of economics and migration, the most recent decline is likely due to the U.S. recession, which has greatly diminished job prospects for immigrant workers. Indeed, California is the only border district that has not implemented Operation Streamline, and in San Diego, apprehension rates dropped by 27% last year. In Tucson, where Operation Streamline is in place, the decrease was 24%.

Operation Streamline is a waste of taxpayer dollars. Rather than expand the program as McCain and Kyl advocate, Congress should stop funding it and the Obama administration should put an end to it. Instead, other border districts should follow California's lead. Here, federal prosecutors choose whom to prosecute along the border. They focus on the border crossers they believe are most likely to cause violence in U.S. cities — those who have serious criminal records or are major recidivists. Their approach avoids clogging the courts with petty immigration cases.

California's prosecution plan allows the Department of Homeland Security to detain and deport first-time border crossers without exhausting the courts, the U.S. attorney's office, the federal public defender or the U.S. Marshals Service. And it has led to some impressive results. The Southern District of California ranks first nationwide in per capita prosecutions for drug importing and human smuggling.

If McCain and Kyl are serious about promoting border security, they should allow prosecutors and judges to focus on the criminal enterprises responsible for border violence. The Department of Justice calls Mexican drug cartels "the greatest organized-crime threat to the United States." In 2008, there were more than 6,200 drug-related murders in Mexican border cities, double the previous year's total.

The violence rages on, yet Operation Streamline is tying up law enforcement resources by prosecuting tens of thousands of people whose greatest crime is seeking a job.

Joanna Lydgate is a fellow with the Warren Institute at the UC Berkeley School of Law. She is the author of "Assembly-Line Justice: A Review of Operation Streamline" and "An Alternative to Operation Streamline," available at http://www.warrreninstitute.org.

http://www.latimes.com/news/opinion/commentary/la-oe-lydgate-immigration-20100514,0,2635346,print.story

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From the New York Times

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Online Talk, Suicides and a Thorny Court Case

The seemingly empathetic nurse struck up conversations over the Internet with people who were pondering suicide . She told them what methods worked best. She told some that it was all right to let go, that they would be better in heaven, and entered into suicide pacts with others.

But the police say the nurse, who sometimes called herself Cami and described herself as a young woman, was actually William F. Melchert-Dinkel, a 47-year-old husband and father from Faribault, Minn., who now stands charged with two counts of aiding suicide.

Mr. Melchert-Dinkel, whose lawyer declined an interview request on his behalf, told investigators that his interest in “death and suicide could be considered an obsession,” court documents say, and that he sought the “thrill of the chase.” While the charges stem from two deaths — one in Britain in 2005 and one in Canada in 2008 — Mr. Melchert-Dinkel, who was indeed a licensed practical nurse, told investigators that he had most likely encouraged dozens of people to kill themselves, court documents said. He said he could not be sure how many had succeeded.

The case, chilling and ghoulish , raises thorny issues in the Internet age, both legal and otherwise. For instance, many states have laws barring assisting suicide, but rarely have cases involved people not in the same room (much less the same country) or the sharing of only words (not guns or pills).

The case also brings up questions about the limits of speech on the Internet: How does one assign levels of culpability to someone who shares thoughts with people who say they are already considering suicide? And for some who counsel against suicide, it points to a growing area for worry, an online world where the most isolated and vulnerable might be touched in a way that they would not have in the past.

Groups that work to prevent suicide compare suicide chat rooms to “pro-ana” sites, Internet sites that portray anorexia as a lifestyle as opposed to a disease. Anti-suicide advocates say that there has been more than one instance recently where a person killed himself on a Webcam as others watched. Papyrus , a charity in Britain that works to stop young people from killing themselves, says it has tracked 39 cases in that country alone where young people committed suicide after visits to “pro-suicide” chat rooms.

It was the untrained, unpaid Internet sleuthing by Celia Blay, a 65-year-old from a tiny community in Britain, that helped lead to charges in April against Mr. Melchert-Dinkel. “He was practically invisible,” she said. “I tried to talk to any police I could, and most of them would have nothing to do with it. The first one I talked to told me, ‘If it bothers you, look the other way.' And that really bothered me, because by then I was pretty sure people had died.”

About four years ago, Ms. Blay, who describes herself as a “computer illiterate,” became friends online with a young, depressed woman who had entered into a suicide pact. Ms. Blay persuaded her not to proceed, but the incident sent Ms. Blay searching for the other member of the pact. It was someone who called herself Li Dao, another screen name that the police later said Mr. Melchert-Dinkel used.

Making inquiries on a Web site aimed at people talking about suicide, Ms. Blay said she found at least half a dozen people who had similar pacts with Li Dao, a name that popped up on all sorts of suicide Web sites. She and a friend uncovered Mr. Melchert-Dinkel's name and e-mail address after setting up a sting in which her friend posed as someone preparing for suicide and was, she said, approached by Mr. Melchert-Dinkel.

By then, the police in Minnesota say, Mr. Melchert-Dinkel had already aided the suicide of Mark Drybrough, 32, of Coventry, England. A coroner's report found that Mr. Drybrough, who was suffering from a psychiatric illness, hanged himself from a ladder in his home in July 2005. His computer showed that he had posted a question in a suicide chat room about how to hang oneself without access to something high to tie a rope to, and that Li Dao — Mr. Melchert-Dinkel, the police say — had offered details on how to use a door.

In March 2008, Nadia Kajouji, 18, disappeared from her college in Ottawa. The Canadian authorities investigating her disappearance searched her laptop and discovered that she had been talking online with a person who used the screen name Cami. In e-mail messages, the authorities say, the pair agreed to a pact in which Ms. Kajouji would jump from a bridge into a river (to avoid, at Cami's suggestion, the police say, creating a mess) and Cami would hang herself a day later. In April 2008, Ms. Kajouji's body was found in the Rideau River.

Around the same time, Ms. Blay contacted the St. Paul Police Department through an acquaintance in Minnesota. By then, she said, she had grown frustrated with what she described as the authorities' unwillingness to study the huge file she had amassed with the stories of 20 to 30 people who had been approached online. Over time, she said, she had tried to tell the story to a police department near her home, a member of parliament and even law enforcement in the United States.

Since at least the 1970s, many states have barred assisted suicide, though criminal charges are rarely filed. Physician-assisted suicide is allowed under certain conditions in Oregon and Washington.

In Minnesota, 12 charges of aiding suicide have been brought since 1994, when the state began keeping track, and about half of those have resulted in convictions. That state's law , a felony, applies to “whoever intentionally advises, encourages or assists” another in taking his or her own life; convictions carry sentences of up to 15 years in prison.

Barbara Coombs Lee, the president of Compassion and Choices, who has advocated for laws like the one in Oregon, said she found it “perfectly appropriate” that Mr. Melchert-Dinkel faces such charges. “This is so egregious, so clearly wrong, that I'll be very disappointed if assisted-suicide statutes do not reach this,” she said. “There is a bright line between aid in dying and assisting in suicide like this.”

Still, legal experts suggested that there may be room for challenges. The Minnesota law itself, some suggested, could be seen as too ambiguous or too broad to include protected speech that falls short of actually leading someone to suicide. The deaths occurred in other jurisdictions, posing potential issues, other lawyers said.

Terry A. Watkins, a lawyer for Mr. Melchert-Dinkel, said it was premature to describe what defense he intends to present but made it clear that he had questions about the law itself, as well as the dissection of causes that lead to any suicide. “As a society, we need to be careful when we start putting together laws that prohibit things like ‘encouragement' without a really clear definition of what in God's name you're talking about,” he said.

Mr. Melchert-Dinkel, who is scheduled to be arraigned on May 25 in Rice County District Court, has had his nursing license revoked. He had held it since 1991, despite a record that included repeated discipline for complaints of leaving a nursing home patient unattended, being too rough, sleeping on duty, failing to take vital signs and failing to track a patient's medications.

But Mr. Watkins said his client was basically a good person. “This is not a monster,” he said.

Shortly after the police interviewed Mr. Melchert-Dinkel last year, he checked into a local emergency room, state records show, saying that he was dealing with an addiction to suicide Internet sites and feeling guilty over advice he had given to people to end their lives.

http://www.nytimes.com/2010/05/14/us/14suicide.html?hp=&pagewanted=print

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China's School Killings and Social Despair

For the past two months, Chinese authorities have been trying to deal with a string of vicious attacks on young children in rural elementary schools. They have clamped down on news coverage , citing fears of copycat crimes and called for heightened school security. But on May 12, a man stormed a village school in Shaanxi Province and hacked to death seven children and two adults . It was the fifth attack since March, all involving middle-aged men using knives, cleavers or tools. Seventeen people have been killed and nearly 100 wounded in the attacks.

Some commentators say these attacks are symptoms of extreme stress in a rapidly changing society, an undercurrent which the government has failed to recognize. Though the cases may differ, is there a broader context for these attacks?

• Xueguang Zhou, sociologist, Stanford University
• C. Cindy Fan, associate dean of social sciences, U.C.L.A.
• Guobin Yang, associate professor, Barnard College

The Attacks' Political Significance

Xueguang Zhou is a professor of sociology and a senior fellow at Freeman Spogli Institute for International Studies at Stanford University. He is currently in Beijing teaching at the Stanford-in-Beijing program.

Details about the school attacks remain to be sorted out — whether these school attacks are isolated or copycat acts; whether they are triggered by mental illness or based on some malicious motives. But one thing is clear: these incidents are reflective of widespread and rapidly rising social anxieties, frustrations and tensions in the Chinese society today.

At one level, such tensions are almost inevitable in a rapidly changing society. China today is experiencing social transformation at a scale and speed that its long history has rarely witnessed.

Large-scale and, in many cases, forced urbanization is carried out through migration, land seizure and residential relocation in both rural and urban areas. Alarming social inequality has become a naked fact that individuals experience in everyday life. In particular, housing prices have skyrocketed in large cities, increasing three or four times in as many years, creating a profound divide between those haves and those have-nots.

Strolling on the streets in Beijing or other large cities, you can glimpse those gated residential areas, with security guards, electronic cards and well-maintained walking paths and green areas within the high walls that separate the well-to-dos from the noise and crowds in the rest of city.

Yet a new college graduate, even with a decent job in a large city, can hardly hope to own a home in his or her lifetime, given soaring housing prices. This is a far cry from the earlier reform era when reform policies, especially that of returning lands to peasant families, led to a great increase in productivity and benefited a large proportion of the population.

The traditional social fabric of family-based social support and neighborhood mutual assistance cannot cope with the rise in social dislocation, social closure and the marginalization of certain groups.

Desperation and resentment now run deep. Sociologists use “anomie” to describe the breakdown of social norms and values, and the school attacks are likely to be eruptions from these growing tensions.

At another level, what is really troubling is the way the Chinese government handles such conflicts. It has been trying hard to “contain” symptoms of social disruption, instead of cultivating mechanisms to diffuse them. The bureaucratic machine — often efficient, remote, impersonal and ruthless — has often engendered as much social resentment as it has resolved.

China's transformation will depend on how these tensions and conflicts are sorted out. Incidents like the school attacks have far-reaching political implications in a politicized society like China. These acts, though isolated and incidental, tend to acquire political significance, putting intense pressure on central and local governments and on the fragile trust between the government and various social quarters.

A Chinese adage, which refers to the people as “water” and the ruler as a “boat,” puts it: “while water can carry a boat, it can also overturn it.” The Chinese leadership, mindful of this dynamic, is in a process of rolling out a series of social welfare programs — minimum living standard safety net, old-age support and health care — which aim to cover a larger and disadvantaged population.

But in the absence of new mechanisms to encourage local problem-solving capacities, how effective these public programs will be in diffusing social tensions remains to be seen.

A Polarizing Society

C. Cindy Fan is associate dean of social sciences and professor of geography at the University of California, Los Angeles. She is the author of “China on the Move” and numerous articles.

On March 23, 42-year-old Zheng Minsheng used a 12-inch knife to stab eight schoolchildren to death and injure five others, in front of an elementary school just 10 minutes before its gate opened in the morning. According to an eyewitness, before he was stopped, Zheng said “People are turning me into a mad man. If I am not allowed to live, then I won't let others live.”

In the eight weeks since, there have been four other similar attacks across China. Some of these could be copycat crimes, while observers underscore mental illness, pressure, and anger toward a rapidly polarizing society as causes for such violence -– all the more disturbing because the victims were harmless, vulnerable children.

The details offer some clues. Zheng was a surgeon for 18 years before resigning from his hospital job in June 2009. In the U.S., an average doctor can own a house and live a comfortable life. Zheng, on the other hand, slept in the living room in an apartment he shared with his 80 year-old mother and his brother's family of three. Zheng's monthly income was less than 2,000 yuan (US$294), less than the tuition for elite kindergartens in China and hardly sufficient to buy an apartment.

Physicians in China as a group are not well paid. During the decades of planned economy since the 1950s, medicine was government run and as a legacy of that system most medical practices even today are non-private.

Although Zheng could support himself, his modest income made him a weak contender in the marriage market. According to neighbors, Zheng had dated many women, but none was willing to marry him because he was not rich and could not afford an apartment for himself. In China, still, the ability to own or at least rent a place of one's own is often a precondition for getting married.

We may never know exactly what pushed Zheng -– who was sentenced to death and executed in late April -– over the edge. And, the situations of the other four assaults could be very different, except that all were committed by middle-aged men acting alone.

Do these incidents tell us something about Chinese society that we do not already know? I doubt it. We know that in China the gap between the rich and poor is wide, cities are densely populated, living outside the societal norm (e.g., staying single, divorced) is stressful, the pressure for men to be successful is especially high, and mental illness (and many other physical illnesses) is very much a stigma.

But we also know that the average Chinese is leading a much better life, has greater autonomy, is more educated and confident, is more exposed to the world, and lives longer than his or her parents and grandparents. In that light, helping the below-average, the marginalized, and the vulnerable, must now become a priority of not only the government but also the society at large.

The Death of Innocents

Guobin Yang is an associate professor in the Department of Asian and Middle Eastern Cultures at Barnard College and author of “The Power of the Internet in China: Citizen Activism Online.”

The close sequence of these attacks (five in less than two months!) seems to lend support to the theory that these are copycat crimes. Others suspect that the killers suffered from mental illness. Still others point to the lack of safety valves in a controlled society.

Individual motivations may vary, but there are common underlying causes. These attacks are only the most explosive and brutal symptoms of an increasingly sullen and contentious society. Here are some other symptoms:

— A growing number of mass protests (8,700 in 1993, 87,000 by 2005) mostly targeting government authorities.

— Increasing number of violent attacks against government authorities, like burning police vehicles and government buildings.

— Desperate individuals resorting to self-immolation as a means of protesting forced relocation and the lack of legal channels for seeking justice.

— Rampant corruption of government officials being exposed daily in online forums and blogs.

The list could go on. The common thread is the crisis of authority, law and governance. Government authorities, far from being the administrators of law and justice, have become the sources and targets of grievances and despair. When citizens have no legitimate channels of seeking justice, violence is then seen as an option.

These acts of violence have another deeply disturbing element. The assailants attacked the most innocent and treasured members of their own communities. Community often serves as a buffer in times of crisis (as in times of war). By turning against their own community, these attackers reveal a deep crisis in that community, which has long been a source of stability in Chinese society.

http://roomfordebate.blogs.nytimes.com/2010/05/13/chinas-school-killings-and-social-despair/?pagemode=print

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Surfer's Slaying Exposes Gang Tensions in a Beach Area

SANTA BARBARA, Calif. — A wooden cross nailed to a palm tree at the beach is the only physical remnant of Robert Burke Simpson, who spent much of his 44 years surfing here. His blood no longer stains the picnic benches, and his ashes have been sprinkled among the waves.

But the murder of Mr. Simpson — a former Marine, a traveler, a reggae-music radio host and the guy who was always willing to chop your firewood — on the beach here last month at the hands of a man the police say is a gang member has left a deep imprint on this seaside community.

While rival gangs have menaced the streets of Santa Barbara for years, Arroyo Burro Beach , known locally as Hendry's Beach, has been largely immune — a haven where generations of local children, wealthy residents from the canyons with their dogs and aging surfers, their waves forever glassy, relax in relative harmony on the windy shores.

“As long as I have been living in this community, I have never been this shocked,” Greta Howorth, 63, who has lived in the area for more than 50 years, said at the edge of the beach Tuesday.

Residents say the killing — both in its viciousness and its location — underscores the need for stronger law enforcement efforts against the town's two gangs.

One day last month, Mr. Simpson, known as Bobby I, knocked off from his part-time job at the Three Pickles deli and headed toward Hendry's Beach, just outside the Santa Barbara city limits, said Robert Lovejoy, who owns the deli with his son, Clay. There, a large crowd was taking in the sun, including several people who belong to gangs.

Police officials say a dispute broke out between Mr. Simpson and a gang member, and Mr. Simpson prevailed. Moments later, the police say, Adrian Robles, an associate of the gang member, approached Mr. Simpson from the side, stabbed him in the neck and fled. The crowd descended on Mr. Simpson in a frenzied attempt to save his life. Less than an hour later, he was pronounced dead at a local hospital.

“What's different in this case is that gang violence here is usually gang on gang,” said Drew Sugars, a spokesman for the Santa Barbara Sherriff's Department, which responded to the call; it was the county's first gang homicide in department officials' memory, he said.

On Tuesday, Mr. Robles, 20, who has a felony conviction, pleaded not guilty. He is charged with murder with gang-related enhancements, which carries a sentence of life in prison without parole or the death penalty.

“I have no evidence that even puts him at the scene,” said his court-appointed lawyer, Steve Balash, who said he had not yet fully reviewed the case. Two other suspects, both female and one a minor, have also been arrested and charged in connection with the murder.

Like most of Southern California, the City of Santa Barbara has endured gang violence for at least two decades. The city has roughly 600 active members in the east and west gangs, whose territory is divided by the main drag, State Street, according to Sgt. David Henderson, a spokesman for the Santa Barbara Police Department.

A gang fight near Stearns Wharf on the Fourth of July in 2008 left one member dead. In 2007, in plain view of tourists making their way by Saks Fifth Avenue downtown, a 15-year-old was stabbed to death by gang members.

In 2008, the Police Department used federal racketeering charges to make a dent in gang activity and had some successes — gang-related crimes fell that year to 862, from 884 the year before, but in 2009 those crimes rose to 1,022, according to statistics from the department.

Some residents have clamored for the city to adopt the type of gang injunctions other cities use to make it difficult for gang members to congregate, something department officials are considering.

“Injunctions are definitely labor intensive,” Sergeant Henderson said, referring to the time and effort necessary to enforce them, “but it is something that is a priority of our chief to look at it.”

At a memorial service last weekend, people mourned Mr. Simpson, a graduate of the University of California, Santa Barbara , who spent his time traveling, surfing, paddle boarding or organizing community beach activities.

“Everybody knew Bobby,” said Mr. Lovejoy, who made sandwiches for the memorial. After the service, Mr. Simpson's mother, girlfriend and friends scattered his ashes from a boat offshore so they would drift into Hendry's Beach.

“He did a lot of things that wouldn't be classified as a success in terms of a career, but whatever interested him, he would do,” Mr. Lovejoy said.

The psyche of Santa Barbara, known for its small-town ways and elegant little streets, has become collateral damage.

“The victim's ties to this community are very long,” said Hilary Dozer, the county's lead gang prosecutor. “And to come to an end this way does impact us. This is a place we always thought was safe, where many locals go to walk on the beach, enjoy the sunset and enjoy normal family activities in a place now sullied by burn-off of the victim's blood.”

http://www.nytimes.com/2010/05/14/us/14gang.html?ref=us&pagewanted=print

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Cars' Computer Systems Called at Risk to Hackers

Automobiles, which will be increasingly connected to the Internet in the near future, could be vulnerable to hackers just as computers are now, two teams of computer scientists are warning in a paper to be presented next week.

The scientists say that they were able to remotely control braking and other functions, and that the car industry was running the risk of repeating the security mistakes of the PC industry.

“We demonstrate the ability to adversarially control a wide range of automotive functions and completely ignore driver input — including disabling the brakes, selectively braking individual wheels on demand, stopping the engine, and so on,” they wrote in the report, “Experimental Security Analysis of a Modern Automobile.”

In the paper, which will be presented at a computer security conference next week in Oakland, Calif., computer security specialists at the University of Washington and the University of California, San Diego , report that while modern cars have extensive safety engineering in the design of their computer control systems, little thought has been given to the potential threat of hackers who may want to take over the networks that increasingly control modern cars.

“We noticed the extent to which automobiles were becoming computerized,” said Stefan Savage, a computer scientist at U.C.S.D. who was a member of one of two groups that have been studying the electronic control units of two different cars to look for network vulnerabilities that could be exploited by a potential attacker. “We found ourselves thinking we should try to get in front of this before it suddenly becomes an issue.”

The researchers, financed by the National Science Foundation , tested two versions of a late-model car in both laboratory and field settings. They did not identify the maker or the brand of the car, but said they believed they were representative of the computer network control systems that have proliferated in most cars today.

The researchers asked what could happen if a hacker could gain access to the network of a car, said Tadayoshi Kohno, a University of Washington computer scientist. He said the research teams were able to demonstrate their ability to circumvent a wide variety of systems critical to the safety of drivers and passengers.

They also demonstrated what they described as “composite attacks” that showed their ability to insert malicious software and then erase any evidence of tampering after a crash.

The researchers were able to activate dozens of functions and almost all of them while the car was in motion.

Wireless connections are increasingly becoming available in a wide range of automobiles. For example, services like the OnStar system from General Motors now report vehicle position and diagnostic information to the manufacturer. The system can permit communications between passengers and emergency personnel in the event of a crash and can enable authorized OnStar personnel to remotely unlock cars and stop them for purposes of theft recovery.

“Taken together, ubiquitous computer control, distributed internal connectivity, and telematics interfaces increasingly combine to provide an application software platform for external network access,” the researchers write. “There are thus ample reasons to reconsider the state of the vehicular computer security.”

The researchers said they did not address the question of the defenses the cars might have against remote access, but said the experience of the PC industry, which did not have extensive security problems until computers became networked, was worth remembering.

“To be fair, you should expect that various entry points in the automotive environment are no more secure in the automotive environment than they are in your PC,” Mr. Savage said.

Although there has been widespread speculation about the role of software-controlled systems in the safety crisis that Toyota has faced this year, the researchers said they were not exploring the general issue of the safety of computerized systems, only the issues related to network security.

http://www.nytimes.com/2010/05/14/science/14hack.html?ref=us&pagewanted=print

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The Wavering War on AIDS

The global war on AIDS has racked up enormous successes over the past decade, most notably by providing drugs for millions of infected people in developing countries who would be doomed without this life-prolonging treatment. Now the campaign is faltering.

Donations from the United States and other wealthy countries have leveled off while the number of people infected with H.I.V., the AIDS virus, grows by a million a year. By one informed estimate, only $14 billion will be available of some $27 billion needed this year to fight the disease in the developing world. Fewer than 4 million of the 14 million people infected with the AIDS virus are getting drug treatment — far short of the goal of universal access set by the United States and others.

Donor nations cite the economic crisis and tight budgets as reasons to slow their contributions to the global fight against AIDS. The Obama administration and many donor nations apparently believe that more lives could be saved by fighting other cheaper diseases, such as respiratory illnesses, diarrhea, malaria and measles.

The results of those decisions can be seen in Uganda and other countries where, as Donald G. McNeil Jr. recently reported in The Times , the campaign against AIDS seems to be falling apart.

Although the number of Ugandans receiving drug treatments jumped from fewer than 10,000 a decade ago to nearly 200,000 today, hundreds of thousands more Ugandans need the drugs and likely can't get them because clinics now routinely turn new patients away.

That is partly because American funds have been frozen and clinics were told to stop enrolling new patients unless the government has a plan to pay for their treatment. It is also because Uganda has badly skewed its own priorities, such as negotiating to buy a squadron of fighter-bombers from Russia for $300 million.

The United States has been a leader in providing financing for the war on AIDS through bilateral programs and a multilateral global fund. Now, instead of a sharp increase in donations, as once planned, the administration proposes only a slight increase in bilateral financing and a modest reduction in its multilateral contribution.

It has shifted its focus to childhood diseases, keeping young mothers alive, and interrupting the transmission of H.I.V. between mother and child. It is pushing countries to improve their medical delivery systems, manage their own AIDS programs and contribute more of their own funds.

Those are good goals. But the AIDS pandemic is still spreading. And the goal of universal access to treatment remains a distant dream.

http://www.nytimes.com/2010/05/14/opinion/14fri2.html?ref=opinion&pagewanted=print

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A Rescue for Affordable Housing

The recession has dealt a devastating blow to the federal tax credit program that encourages investors and developers to build affordable housing across the United States. Unless Congress moves quickly to restructure the program, billions of dollars in investment will be lost, along with thousands of affordable housing units and tens of thousands of desperately needed construction jobs.

Created by Congress in 1986, the low-income housing tax credit is responsible for just about all of the affordable housing that gets built in this country. In a typical year, it finances 120,000 apartments, supports more than 100,000 jobs and pumps more than $1 billion in taxes and other revenue into local economies.

Demand for the credits dropped sharply at the start of the recession, when tax liabilities dropped. According to a study by the accounting firm Ernst & Young, private investment in the credits fell from a high of about $9 billion in 2006 to about $5.5 billion in 2008. Anecdotal evidence suggests that investment shrank by another $1 billion last year.

A Senate bill, recently introduced by Maria Cantwell, a Democrat of Washington, would get this important program back on its feet. It would boost investment by as much as $5 billion over the next few years by increasing the value of the credits and allowing investors more flexibility in using them.

Under current law, an investor who has no tax liability in the current year can apply the tax credit to the previous year's tax bill. But that's not much help in difficult times like these when profits may have been low in the previous year as well.

The Cantwell bill would reassure investors by allowing companies to apply the credit to tax returns filed as long as five years earlier. In exchange, the investors would be required to reinvest any resulting tax rebate in new tax credits. The bill would make housing tax credits as attractive as the less restrictive credits for investing in wind or solar power projects.

The bill would also extend an existing federal program that allows states to return unused tax credits to the Treasury in exchange for cash, which would help the states finance affordable housing projects.

Americans need affordable housing, and they need jobs. This bill would invest in both.

http://www.nytimes.com/2010/05/14/opinion/14fri3.html?ref=opinion&pagewanted=print

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From the Department of Homeland Security

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Secretary Napolitano Honors Law Enforcement During National Police Week

Release Date: May 13, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) Secretary Janet Napolitano today commemorated National Police Week by delivering remarks and joining U.S. Customs and Border Protection (CBP) Commissioner Alan Bersin at the CBP Valor Memorial Ceremony—honoring the memory of fallen CBP Border Patrol Agents Cruz McGuire and Robert Rosas, and paying tribute to the DHS law enforcement personnel who serve the nation each day.

"Our law enforcement officers on the frontlines face danger everyday to ensure the safety of their fellow citizens—and some, like Agents McGuire and Rosas, make the ultimate sacrifice," said Secretary Napolitano. "Today we pay tribute to these brave men and women and recognize the work of law enforcement across the country who help secure our nation."

In her remarks, Secretary Napolitano underscored the Department's continued commitment to sharing timely, accurate information about evolving threats between the federal government and state, local and tribal law enforcement through the 72 state and local fusion centers across the country.

National Police Week honors the men and women at the local, state and federal level who serve on the frontlines protecting the safety and security of American communities.

Later this evening, Secretary Napolitano will deliver remarks and participate in the National Law Enforcement Officers Memorial Fund's (NLEOMF) 22nd Annual Candlelight Vigil—honoring all of America's fallen law enforcement heroes. For more information,  click here .

http://www.dhs.gov/ynews/releases/pr_1273776911363.shtm

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Secretary Napolitano Announces Nearly $790 Million in Critical Infrastructure and Preparedness Grants

Release Date: May 13, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the fiscal year 2010 Preparedness Grants for nine federal programs—including critical infrastructure-related grants—totaling nearly $790 million to assist state, local and tribal governments and the private sector in strengthening preparedness for acts of terrorism, major disasters and other emergencies.

"These grants play a major role in our efforts to work with our state, local, tribal and territorial and private sector partners to build a national culture of readiness and resilience," said Secretary Napolitano. "We continue to focus on maximizing efficiency and value while prioritizing risk in awarding grants to strengthen our nation's security."

The critical infrastructure and preparedness grants announced today include specific steps undertaken by DHS to improve the ability of grant applicants to maximize funding and also incorporate input from state, local, tribal and territorial and private sector partners. Awards will be made on a rolling basis over the summer.

The FY 2010 grants announced today include:

• Transit Security Grant Program (TSGP) – $253.4 million to protect critical transit infrastructure from terrorism—in addition to $150 million in transit security grants provided by the Recovery Act ( 1 , 2 ), totaling $403.4 million — including:
  • Freight Rail Security Grant Program (FRSGP) – $14.5 million to protect critical freight rail systems infrastructure from acts of terrorism resulting from railroad cars transporting toxic inhalation hazardous materials.
  • Intercity Passenger Rail (Amtrak) – $20 million to protect critical surface transportation infrastructure and the traveling public from terrorism within the Amtrak rail system.
• Intercity Bus Security Grant Program (IBSGP) – $11.5 million to assist operators of fixed-route intercity and charter bus services to support security plans, facility security upgrades and vehicle and driver protection.
• Port Security Grant Program (PSGP) – $288 million to protect critical port infrastructure from terrorism; enhance maritime domain awareness and risk management capabilities to protect against improvised explosive devices and other non-conventional weapons; conduct training and exercises; and support implementation of the Transportation Worker Identification Credential (TWIC)—in addition to $150 million in port security grants provided by the Recovery Act ( 1 ), totaling $438 million .
• Buffer Zone Protection Program (BZPP) – $48 million to increase preparedness capabilities of jurisdictions responsible for safeguarding critical infrastructure sites and key resource assets, such as chemical facilities and nuclear power plants.
• Emergency Operations Centers (EOC) Grant Program– $57.6 million to support the construction or renovation of Emergency Operations Centers to improve state, local or tribal emergency management and preparedness capabilities to ensure continuity of operations during disasters.
• Interoperable Emergency Communications Grant Program (IECGP) – $48 million to assist governments in carrying out initiatives identified in Statewide Communication Interoperability Plans and improve interoperable emergency communications used to respond to natural disasters and acts of terrorism.
• Driver's License Security Grant Program (DLSGP) – $48 million to help states and territories improve security of state-issued driver's licenses and identification cards in order to reduce fraud, enhance the reliability and accuracy of personal identification documents and prevent terrorism.

Further information on preparedness grant programs is available at www.dhs.gov and www.fema.gov/grants .

http://www.dhs.gov/ynews/releases/pr_1273760215810.shtm

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Testimony of Under Secretary and Chief Intelligence Officer Caryn Wagner and Principal Deputy Under Secretary Bart Johnson, before the House Committee on Homeland Security, on the Office of Intelligence and Analysis' Vision and Goals

Release Date: May 12, 2010

Cannon House Office Building
(Remarks as Prepared)

Introduction

Chairman Harman, Ranking Member McCaul, and distinguished Members of the Subcommittee, thank you for the opportunity to appear before you today to discuss the vision and goals for the Department of Homeland Security's (DHS) Office of Intelligence and Analysis (I&A).

This is my first testimony before the Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment since my confirmation on February 11, 2010. I am honored to serve as the Under Secretary for Intelligence and Analysis and Chief Intelligence Officer for DHS. I look forward to working closely with this Subcommittee and the Congress to lead and strengthen the critical intelligence mission of the Department.

The Office of Intelligence and Analysis Strategic Vision

I&A's overarching vision is to be the trusted leader in meeting our nation's homeland security intelligence needs. This vision drives our core focus of strengthening the Department's and our partners' ability to protect the homeland by accessing, integrating, analyzing, and sharing timely and relevant intelligence and information, while protecting the privacy and civil rights and civil liberties of all Americans.

I&A's programs and activities align with the core DHS missions designated in our recently completed Quadrennial Homeland Security Review (QHSR). Intelligence and information sharing are identified as key activities for the Department in the QHSR. To that end, I&A plays a critical role to DHS' success in all of its core mission areas: preventing terrorism and enhancing security; securing and managing our borders; enforcing and administering our immigration laws; safeguarding and securing cyberspace; ensuring resilience to disasters; and strengthening and maturing the Department.

I have spent considerable time reviewing the roles, missions, functions and alignment of I&A since my confirmation in February. Much of my review has focused on what I&A must do to enhance its support to core customers at the Department and to its non-federal partners at the state, local, tribal and territorial levels. I have also evaluated how I&A can improve upon the services that it already provides to the Intelligence Community (IC) and its interaction with Congress. I am focusing now on four main areas:

• Creating a true homeland security information-sharing enterprise through greater focus on the state, local, and major urban area fusion centers;
• Unifying and sustaining a DHS intelligence enterprise as the Chief Intelligence Officer of the Department;
• Producing first-rate analytic products tailored to the needs of core customers, including to those not often served by traditional members of the IC; and
• Establishing the program management processes necessary to improve the morale, efficiency, and professionalism of I&A as an organization.

In the last few months, we have made substantial progress in defining priorities, improving management processes, and determining the best structure for I&A to meet the goals that I have set forth. I would be remiss if I did not express my appreciation for the outstanding work and leadership of Principal Deputy Under Secretary Bart Johnson during his tenure as Acting Under Secretary; much of what I propose today builds on his foundational efforts. The following specific steps, already underway, will translate I&A's goals into an organizational and program-execution reality.

Executing the Strategic Vision

Two basic themes drive I&A's need for realignment: (1) the need for I&A to maximize support to core customers and; (2) the need for I&A to take better advantage of its collective resources.

I have also identified areas in which we can improve I&A's organizational structure. I&A's proposed realignment consolidates similar activities, invests more resources in areas of required core competencies, and frees up existing resources for new endeavors.

I&A's proposed realignment establishes four core offices, three of which are supervised by a Deputy Under Secretary: Analysis; Enterprise and Mission Support; and Plans, Policy and Performance Management; and the fourth by a Director of the Department's new Joint Fusion Center Program Management Office (JFC-PMO). The I&A Principal Deputy Under Secretary will have direct responsibility for overseeing the overall fusion center effort. We plan to forward a reprogramming action to consolidate the resources of the legacy State and Local Program Office (SLPO) into the JFC-PMO. We are also determining the relationship the JFC-PMO will have with the emergent National Fusion Center Program Management Office (NFC-PMO) directed by the White House.

I will now describe in further detail some of the key initiatives underway that support the four focus areas previously described: (1) supporting state and local fusion centers; (2) strengthening the DHS intelligence enterprise; (3) providing first rate analytic information to core customers; and (4) improving I&A management and processes. These focus areas are the guiding principles under which I&A's goals have been established.

1. Supporting State and Local Fusion Centers

A primary role of I&A is to share intelligence and information with our partners at the state, local, tribal, territorial, and private sector levels. The state, local, tribal and territorial first responders and first preventers are the leading edge of the homeland security enterprise. The linchpin of our interaction with our non-federal partners is through stronger partnerships with state and local fusion centers. Fusion centers are a vital tool for strengthening homeland security, and it is I&A's job to work closely with state, local, tribal, and territorial partners on some of the nation's most pressing homeland security issues. Further strengthening this capability is a top priority.

We are continuing to expand the level of cooperation and information sharing with our state, local, tribal and territorial partners via a robust network of intelligence and law enforcement agencies participating in state and local fusion centers. Secretary Napolitano approved the plan to implement the Joint Fusion Center Program Management Office (JFC-PMO) on March 15, 2010. The JFC-PMO will bring to bear all the Department's resources – not just I&A's – to support information sharing among state, local, tribal, territorial, and federal law enforcement partners, as well as to coordinate relevant support from all DHS elements, not just from I&A. The Department is now considering how the JFC-PMO will align with the White House's direction that DHS be the lead agency in establishing the National Fusion Center Program Management Office (NFC-PMO). I&A developed an implementation plan for the NFC-PMO with the assistance of state and local representatives and more than15 federal agencies. The implementation plan was widely coordinated throughout the federal government and will soon be sent to Secretary Napolitano for her review.

To leverage the capabilities of our non-federal partners, I&A has deployed 55 intelligence officers to fusion centers nationwide and plans to deploy a total of 70 officers by the end of FY 2010, with the ultimate goal to deploy personnel to all 72 designated fusion centers and assign 10 regional coordinators to the field. I&A has installed the Homeland Secure Data Network (HSDN), which allows the federal government to share Secret-level intelligence and information with state, local and tribal partners, at 33 fusion centers. Additional centers are undergoing facilities certification to be accredited to house HSDN. This burgeoning network greatly expands two-way information sharing flows between federal and non-federal homeland security partners. We are also partnering with the DHS Office for Civil Rights and Civil Liberties and the DHS Privacy Office to provide training to federal, state and local fusion center personnel, to ensure privacy, civil rights and civil liberties are appropriately addressed in fusion center activities and products.

2. Strengthening the DHS Intelligence Enterprise

I&A is continuing to take concrete steps to promote a unified, collaborative DHS intelligence enterprise. Our goal is to make intelligence activities at DHS more integrated, efficient and effective, and to allow DHS, both headquarters and components, to give and receive better intelligence support. A critical tool in this effort is the Homeland Security Intelligence Council (HSIC), which I chair in my role as Chief Intelligence Officer. The HSIC is comprised of component intelligence leaders and other key officials representing a broad range of DHS activities that require intelligence support. The HSIC is focused on governance-level, DHS intelligence enterprise-wide objectives, such as overseeing the completion of the first coordinated, enterprise-wide analytic production plan, playing a leading role in reviewing DHS-wide protocols for disseminating Homeland Security Intelligence Reports and preparing an FY 2012 consolidated intelligence budget recommendation to the Secretary.

Another successful example of the power of the DHS intelligence enterprise is the DHS Threat Task Force (DTTF). The DTTF was established in the summer of 2009 to support the Zazi and Headley investigations. The DTTF is composed of I&A analysts and representatives from the DHS operational components and ensures that all the Department's information and expertise is brought to bear on an issue or investigation. Last summer, the DTTF provided information to the Federal Bureau of Investigation (FBI) on hundreds of additional individuals who were determined to be potentially relevant to specific, high-profile cases. DHS reactivated the DTTF on Christmas Day, after the attempted bombing of Northwest Airlines Flight 253. We institutionalized this task force to focus and unify the efforts of the whole Department on mitigating terrorist threats to the homeland. These efforts have directly contributed to the effective use of watch lists and have supported Department programs for passenger travel analysis and airport screening procedures.

I&A recently completed a comprehensive set of Standing Information Needs (SINs) that uniformly document ongoing intelligence and information needs of the entire Department. These SINs improve DHS' ability to participate in the IC's collection management processes and the quality and quantity of information received in support of those needs, as well as the information I&A produces. In addition, since October 2009, our Collection and Requirements Division assisted more than 20 fusion centers in developing their own SINs, with the goal of improving the level of support they can receive from the Department and the rest of the IC. We are putting in place tools to ensure our analytic products adhere to information needs of both departmental and non-federal partners. These same SINs also provide the starting point for I&A's planning and performance measurement activities.

3. Providing First Rate Analytic Information to Core Customers

I&A's analytic programs now better align with the Secretary's priorities and the Department's SINs, and encompass those analytic topics that are most meaningful for homeland security. Our analysts – in partnership with National Counterterrorism Center (NCTC) and the FBI – address threats to the homeland from both international and domestic terrorist groups and actors and also analyze terrorist tactics, techniques, and procedures to inform the development of protective measures at home. As a result of recent trends, I&A is working closely with its IC partners to develop a framework for analysis of homegrown violent extremism that is consistent with protecting privacy, civil rights, and civil liberties.

I&A has primary responsibility within the IC to analyze, evaluate and disseminate analysis on threats to homeland critical infrastructure. Through our robust relationship with the private sector and partnership with DHS' Office of Infrastructure Protection (IP), we routinely assess the impact of threats to industry and, with our IP partners, identify specific vulnerabilities and consequences that could result from terrorist attacks or other hazards. We are working with IP to improve the partnership and the utility of the products produced in this area.

Our border and immigration security analysts focus not only on terrorist threats to the U.S. on or at our land and maritime borders, but also address trends regarding travel, asylum and refugee issues and the rising violence on the Mexican side of the Southwest Border. I&A, in fact, uniquely supports the U.S. government's efforts to identify, track, deter and prevent terrorists from traveling to the homeland. I&A's role in preventing terrorist travel focuses on providing targeted intelligence analysis that leverages unique DHS databases and expertise, and on sharing information broadly within DHS and also with the U.S. government and foreign partners. I&A plays a key role in monitoring changes to and effects of global immigration and travel security policies, provides direct support to DHS asylum and refugee programs, informs Customs and Border Protection targeting rules and Transportation Security Administration screening measures, and produces unique assessments on alien smuggling and illicit travel patterns in support of the IC and other customers.

I&A also possesses a cyber intelligence analytic program. This team provides a national intelligence analytical framework in support of key cybersecurity customers, such as the DHS National Cybersecurity and Communications Integration Center (NCCIC), the DHS United States Computer Emergency Readiness Team (US-CERT), and the Industrial Control Systems CERT. We are working with partners in the community to collaborate on strategic cyber analysis, and we continue to determine the amount of analytic support necessary to the Department's cybersecurity mission.

I&A also maintains expertise in the fields of health intelligence and chemical, biological, radiological and nuclear (CBRN) issues to serve its departmental, federal, state, local, tribal, territorial and private sector partners. DHS is a co-founder, with the Defense Intelligence Agency, of the National Center for Medical Intelligence at Fort Detrick, Maryland, which focuses on a broad range of foreign medical risks that could threaten the United States. We use our combined research and analytic talents to produce all-source threat analyses on human health, agriculture, and food security to support DHS components – a recent example being the health intelligence we provided to support first responders' relief efforts in Haiti – as well as federal, state, local, tribal and territorial government agencies and the private sector. Our analysis goes beyond just the science of health threats to address relevant foreign policy and socio-economic issues that could adversely affect homeland security operations and critical infrastructure and key resources.

On CBRN issues, our experts collaborate with their IC partners on broad-ranging assessments and national-level exercises; provide the threat basis for risk assessments that drive DHS policy formulation and detection and response programs; and provide practical insights to state, local, tribal and private sector partners on CBRN indicators they might encounter in the course of their operational and law enforcement roles.

4. Improving Management and Processes

To ensure that I&A is able to meet the broad range of its responsibilities, I am placing great emphasis on strengthening its planning, management and performance oversight functions. I&A is making considerable progress developing fair and transparent policies and decision-making processes, aligning resources to priority missions, and assessing the efficacy of investments. I&A has established leadership-level policy, personnel, and resource requirements boards to improve the management of I&A's workforce, programs and budget. As part of my commitment to improving management, policy development, and business processes, I&A's realignment proposal establishes a Deputy Under Secretary for Plans, Policy and Performance Management (PPPM), as discussed earlier in this testimony. This new element will enable more streamlined and integrated strategic planning, programming and performance measurement, and budgeting life cycle processes. PPPM will further the Department's intelligence mission by providing DHS intelligence enterprise and departmental information sharing management guidance by overseeing the Executive Directors of both the Homeland Security Intelligence Council and the Information Sharing Governance Board. For example, PPPM will be the focal point for our partnership with the DHS Chief Information Officer to improve departmental information sharing governance and establish enterprise-wide best practices.

The new Deputy Under Secretary's responsibilities will include developing and unifying applicable strategies, plans, and policies for the entire intelligence mission cycle, leading to integrated DHS intelligence and information-sharing enterprises focused on mission and customers. PPPM will also develop a detailed I&A strategic action plan that will include a mapping of all organizational activities and performance management metrics to measure program execution and effectiveness. This, in turn, will institute valid metrics to measure success and create a systemic cycle that facilitates organizational improvement. Finally, it will serve as I&A's primary focal point for intelligence policy planning and representation of the intelligence mission to the rest of DHS, the larger IC, and the national security policy community.

I&A's proposed Office of Enterprise and Mission Support is intended to centralize intelligence mission support functions for I&A, as well as the larger DHS intelligence enterprise. It is designed to maximize the effectiveness of our information technology knowledge management, counterintelligence, training, collection requirements, and external operations programs.

Intelligence training is a critical capability that will enable fulfillment of I&A's strategic goals, and the proposed Office of Enterprise and Mission Support will build on existing I&A training successes. This program, which will be staffed by additional intelligence trainers, is intended to support the establishment of a culture of disciplined intelligence work in I&A.

Immediate Way Forward

These steps are a beginning, and I&A will undergo further refinement over time. I&A must—and will—continue to mature its management and business standards; move towards more proactive, collaborative and prioritized process planning and; ensure that all of its activities align with DHS missions and goals.

Conclusion

Members of the Subcommittee, I appreciate the opportunity to appear before you today to discuss the strategic vision for I&A. I&A has made significant strides, and we continue to adapt ourselves to the continuing emerging needs of the Department. I&A has a vital and unique mission, and we will continue to improve our strategic posture to more effectively support core customers.

I&A's efforts to gather, assess, analyze and share intelligence and information will continue to be guided by the dual imperatives of protecting the country from those who wish to do it harm, and protecting our privacy, civil rights, and civil liberties. With your support, the leadership of Secretary Napolitano, and the fine men and women of I&A, I believe we can accomplish our goals and fulfill these imperatives. I look forward to keeping the Subcommittee apprised of I&A's continued progress.

Thank you for your time, and I look forward to your questions.

http://www.dhs.gov/ynews/testimony/testimony_1273674426083.shtm

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From the Department of Justice

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Thank you, Craig [Floyd], for your kind words, and more importantly for your decades of leadership. Tonight is testament to the indispensable role the Memorial Fund plays in honoring the service and sacrifice of our nation's men and women in uniform – not only at this annual vigil but every day of the year.

I am honored to be with you this evening, and I am grateful for the opportunity to pay my respects to so many fallen heroes and colleagues. For more than three decades, I have worked in law enforcement. And for more than three decades, I have seen, day after day, the selflessness, the fearlessness, and the valor that characterized every officer we commemorate today. These are rare and honorable traits that all of you – their closest family members and friends – knew well and, no doubt, miss dearly.

It was 218 years ago this month, in 1792, that an American law enforcement officer – Deputy Sheriff Isaac Smith of Westchester, N.Y.,– was first killed in the line of duty. Since that day, approximately 20,000 law enforcement officers have also made the ultimate sacrifice. Tonight, we add 325 to this memorial. Two hundred and nine were men and women unknown to this wall until the Memorial Fund resurrected the details of their sacrifices. And 116 were killed in the line of duty this past year.

I raise these numbers – 20,000, 325, 209, 116 – not as measures of loss, but as reminders of how dangerously easy it can be to reduce fathers and mothers, sisters and brothers, children and colleagues and friends, to statistics. That's why we must cling to our memories – of their bravery, their generosity, their laughter, their passion and their stories. And that's why we now celebrate their lives by adding their names to this place of honor.

Although no memorial, no ceremony, and no salute can ease your pain and special burden, there is something you must know. The gratitude that I, along with the many law enforcement professionals here tonight, feel for your loved ones is shared by the entire law enforcement community and an entire nation. We are all safer for their sacrifice. And we will always be inspired by their example of service.

Unspeakable tragedy may be what brings us here. But our unending appreciation – for the unsung work of law enforcement – is what binds us, and binds all Americans, together. These officers secured our neighborhoods and our nation. And they did so willingly, embracing their essential roles from day one. They were part of something greater than any one man or woman. They were part of one of America's earliest, finest and most noble traditions. They define what is best about our country.

So, while we may grieve, we must not despair. The choice of these heroic men and women to live for their country was made with the understanding that they could die for it, too. Their choice reminds us of just how brave – and how remarkable – they were.

It also reminds us of our duty today – and every day. We understand the risks of law enforcement work, but we must also understand the challenges. We must join our nation's law enforcement community in standing up against crimes large and small. We must help each other in times of need. And above all, we must protect those who have made service to others their life's work. At the Justice Department, there quite simply is no more basic, or more important, priority than keeping law enforcement officers safe.

This year, in particular, we are reminded of the gravity of this mission. As you know well, a few days after Thanksgiving last year, four police officers sat together at a coffee shop in Lakewood, Wash., preparing for a work day they would not live to see. Shortly before 8:30 that morning, these officers were ambushed by a gunman and – all four – were killed in cold blood. It is believed they were targeted, shot at, and murdered simply because of the uniforms they wore and the public service they provided.

These victims, of course, were members of Lakewood's 100-member police department. But they were also part of something larger. They were part of a community that stretches from Tallahassee to Anchorage, from Sacramento to Augusta. They were part of a community that spans every level of our government – federal, state, local and tribal. They were part of a community that has been protecting the people of the United States since, and long before, Deputy Sherriff Isaac Smith was slain in the late 18 th Century. They were part of America's law enforcement community. And, like all of you, they were part of America's larger law enforcement family.

Not unlike tonight, more than 20,000 people came from as far away as New York, Boston, and Chicago, driving hundreds of miles and more, to be part of the fallen officers' service and processional. At one point, the Police Officer's Prayer was read – a prayer of courage, strength, dedication and compassion.

These are the same qualities I see and admire in law enforcement officers all across our country. And they are the same qualities that we remember in those we now honor.

Today, I wish that I could give you – the families, friends and colleagues of these fallen heroes – the peace you seek. I cannot. But I can make you a promise. The work that they loved, and the service that was the center of their lives, will continue. Their sacrifice and your loss will be honored by a nation that has been, and will continue to be, strengthened by their example.

And while we can never repay the debt of gratitude we owe these courageous public servants, we will never forget their stories. Our candles tonight may burn only briefly, but we will forever carry forward the spirits of those they represent – in our work, in our hearts and in our ongoing commitment to justice.

Thank you.

http://www.justice.gov/ag/speeches/2010/ag-speech-1005131.html

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Thank you for that kind introduction and to all of you for inviting me to speak with you today about one of the most important priorities for the Department of Justice and the Obama Administration: health care; specifically, healthcare fraud.   

Every year, hundreds of billions of dollars are spent to provide health care for millions of American seniors, children and the disabled.  And each year billions of these dollars, taxpayer dollars, are stolen through fraudulent schemes. 

Combined federal and state spending on Medicaid and Medicare is projected to exceed 800 billion per year in 2010.  While there is no official federal estimate of the level of fraud in Medicare, Medicaid or the healthcare sector more generally, external estimates project the amount at three to ten percent of total spending, that could correlate to $27 to $80 billion in 2010 alone, if left unchecked.

Not only does healthcare fraud threaten the economic stability of the healthcare system, it also drives up the cost of health care, insurance premiums and taxes for all Americans. 

Further, healthcare fraud threatens the health of our citizens.  Healthcare fraud corrupts the medical decisions health care providers make with respect to their patients, and thereby threatens the health of those who are most in need of care in this country. 

For all these reasons, we must be -- and we will be -- vigilant in fighting health care fraud.

I'd like to spend my time with you this afternoon talking about the department's strategy for combating this problem. 

Last May, Attorney General Holder and Secretary Sebelius announced the creation of the Health Care Fraud Prevention and Enforcement Action Team (HEAT) which is a senior-level, joint task force, that I oversee along with my HHS counterpart, Deputy Secretary of HHS William Corr.  HEAT was created to marshal the combined resources of both agencies in new ways to combat all facets of the health care fraud problem. 

The high-level goals of the HEAT initiative are clear: 

• To prevent and detect fraud;
• To strengthen enforcement efforts;
• To leverage partnerships through private sector outreach and better coordination with state and local anti-fraud efforts; and
• To provide more effective legal authorities by identifying and eliminating statutory and regulatory impediments to our health care fraud prevention and enforcement efforts. 

We have had some remarkable successes thus far in working towards each of these goals.  In fact, later this afternoon in Washington D.C., HHS and DOJ will be releasing the most recent HCFAC Report which details the results of our health care fraud prevention and enforcement efforts for Congress.  The 2009 Report shows that:

• During Fiscal Year 2009 alone, the Department of Justice won or negotiated approximately $1.63 billion in judgments and settlements.
• Opened over 1000 new criminal health care fraud investigations.
• And convicted more than 580 defendants for health care fraud related crimes.

With the passage of the healthcare reform legislation we are confident that we will be even more successful in the future. 

I'd like to briefly share with you some of our recent successes in attaining the goals of the HEAT initiative in the battle against healthcare fraud.

1. Prevention and Detection of Fraud & Leveraging Partnerships

First, the importance of prevention and detection cannot be stressed enough and this is directly tied to the leveraging of partnership through private sector outreach.  For that reason, I think it is appropriate to talk about these two goals in combination.

We know it is not enough just to prosecute and punish health care fraud after it occurs.  We know that we must target it before it happens through aggressive pre-screening, auditing and prevention techniques.  And we need to leverage our civil, criminal and administrative enforcement authorities along with building effective public-private partnerships with people just like many of you in the audience today. 

With that in mind, the department and HHS hosted a National Health Care Fraud Summit in January that brought together federal and state policy officials, private sector leaders including insurance companies and providers, law enforcement, beneficiary advocates and other key stakeholders. 

The purpose of the summit was to gather experts from both the public and private sectors to share their experiences and expertise so that we can more effectively prevent, detect and prosecute health care fraud. 

We plan to hold additional regional summits in the future to help our law enforcement partners and the private sector be better educated on how they can detect and prevent fraud.

For now, we are taking the lessons learned from the summit and applying them.  For example, by using data analysis to flag claims that have certain risk factors, we can, and have, cut down on the funds that are stolen through fraud and abuse. 

In addition, we have increased compliance training for providers to prevent honest mistakes and help stop potential fraud before it happens.  We also are actively engaged in efforts to educate the public about ways they can assist us to detect, prevent and prosecute fraud.  HEAT's website – www.stopmedicarefraud.gov – is an easy way for beneficiaries to report suspected fraud to the HEAT task force.

The old saying that the best offense is a good defense is an excellent mantra for all of us to keep in mind because it is better for the American taxpayers for the money not to be stolen or lost through lax standards in the first place rather than having to work twice as hard to recover the money once it is out the door. 

2. Strengthening Law Enforcement Efforts

However, once the money is stolen, the department and our HHS investigators have proven especially dedicated and talented in targeting fraudsters and recovering the money.  The second goal of the HEAT initiative is to strengthen law enforcement efforts, and one of the department's best strategies to achieve this goal and to combat healthcare fraud, is the use of “strike forces.” 

The strike forces are a group of investigators and prosecutors that include agents from both DOJ and HHS and also state and local law enforcement agencies.  These groups go to targeted locations to focus exclusively on healthcare fraud. 

In other words, rather than waiting for people to tell us fraud is happening, we're going to the criminals and stopping fraud as it occurs.

We do this by using data analysis to identify “hot spots” for Medicare fraud.  Once this is done, we can target resources and deploy the strike forces where it can most effectively supplement the efforts already underway by U.S. Attorneys' Offices around the country. 

Although the Medicare data gives us an idea where to go, the data analysis is just the beginning of the process. Once a strike force is up and running in a city, they use traditional law enforcement techniques to build the cases and bring them as quickly as possible - to stop ongoing fraud in its tracks. This includes the arrest of dozens of defendants simultaneously. 

The defendants range from the patients that agree to bill for fictitious services they didn't receive, to the administrators that process the claims, to the nurses, doctors and medical professionals, and clinic owners and executives that knowingly bill for the nonexistent, unnecessary, and sometimes dangerous work. 

And, make no mistake, these strike forces have achieved success by any standard of measure. 

• Since it started two and a half years ago, the strike force teams have indicted hundreds of individuals that have collectively billed the Medicare program more than 1 billion dollars.
• The teams have secured more than 250 guilty pleas and more than 20 trial convictions.
• Nearly 200 defendants in our strike force cases have been sentenced to prison.
• The average sentences for these defendants exceeds 45 months – that's more than 20 percent higher than the overall national average sentence in federal health care fraud cases over the last five years.
• Furthermore, the strike forces have sought court-ordered restitution to the Medicare program for actual losses exceeding $420 million in fraudulent payments made by Medicare.

Moreover, not only have the strike forces had tremendous success prosecuting the fraudsters, the strike forces have had a clear impact at deterring other would-be criminals.  One big success story is here in Miami.  Twelve months after we launched a Medicare Fraud Strike Force operation in the Miami area in 2007 – our very first strike force operation – there was an estimated reduction of $1.75 billion in durable medical equipment (DME) claim submissions and a reduction of $334 million in DME claims paid by Medicare compared to the preceding 12-month period.

In this regard, the Strike Forces actually add to our arsenal of ways to create a good “offense” with a “good defense” because the strike forces are preventing fraud in the first place.

The President has committed substantial resources in support of the HEAT Initiative's criminal enforcement strategy and a large part of those resources will be devoted to expanding our Medicare Strike Forces from the current 7 jurisdictions to a total of 20 cities. 

The HEAT initiative also has an important civil fraud enforcement component which I know Assistant Attorney General Tony West discussed with you in his remarks this morning.  And although I am sure Tony mentioned this, but in case he was feeling modest, the work of his Division along with our U.S. Attorneys' Offices in Fiscal Year 2009 resulted in over $1.6 billion recovered for False Claims Act health care cases. 

These and other results underscore the success and dedication of the criminal and civil prosecutors and investigators that are working to recover your taxpayer dollars.

3. Improving Legislation

The final goal of the HEAT imitative is to provide more effective legal authorities by identifying and eliminating statutory and regulatory impediments to our health care fraud prevention and enforcement efforts.  The new health care reform legislation got us a long way to actually attaining this goal.  I'll just briefly mention a few key provisions of the bill that should be of interest to you:

• The Affordable Care Act provides new authorities for stepped-up oversight of providers and suppliers participating in Medicare and Medicaid, including mandatory licensure checks.  
• For the first time, the Secretary of HHS may impose a moratorium on the enrollment of providers and suppliers.  The legislation also authorizes the Secretary to withhold payment under Medicare or Medicaid to providers of services or suppliers for claims pending an investigation of fraud. 
• The legislation requires providers and suppliers to establish compliance plans as a condition of enrollment in Medicare or Medicaid and to submit claims to Medicare within 12 months of the date of service.  And,
• Providers, suppliers, and Part D health plans must self-report and return Medicare and Medicaid overpayments within 60 days of identification.

In addition, I want to highlight a few aspects of the legislation that are particularly relevant to criminal and civil enforcement including: 

• A provision directing the Sentencing Commission to increase the federal sentencing guidelines for health care fraud offenses, by 20-50% for crimes that involve more than $1 million in losses.  And,
• A provision clarifying that a violation of the anti-kickback statute constitutes a violation of the False Claims Act.  This will ensure that all claims resulting from illegal kickbacks can be considered false, even if the claims are submitted by an innocent third-party and not directly by the wrongdoers themselves.

All of these provisions provide excellent means through which the department can, and will, increase prosecutions, seek increased penalties for criminals, and recovery more American taxpayers' dollars.

Other Department Initiatives

Finally, in addition to the work the department is doing as a part of the HEAT initiative, I think it is also important to mention other ways the department is seeking to combat crimes relating to the healthcare and pharmaceutical industries. 

First, in the months ahead, you can expect to see the department increasingly using the Foreign Corrupt Practices Act to prosecute kickbacks and bribes paid to foreign government officials by pharmaceutical companies.  As the drug companies do more and more of their business overseas where so much of the health care business is government run, we unfortunately see the opportunities for FCPA violations proliferating.  In some foreign countries, nearly every aspect of the approval, manufacture, import, export, pricing, sale and marketing of a drug product may involve a “foreign official” within the meaning of the FCPA. 

The department will not hesitate to charge pharmaceutical companies and their senior executives under the FCPA if warranted to root out foreign bribery in the industry. 

Second, you should know that the department is focused on intellectual property theft that involves industries such as the pharmaceutical industry.   In February, the Attorney General announced the formation of a new Department of Justice Task Force on Intellectual Property, that I chair, as part of a department-wide initiative to confront the growing number of domestic and international intellectual property, (“IP”), crimes. 

As it relates to this group, as you well know, the use of counterfeit drugs that are intended to treat serious illnesses and health conditions can undermine the foundations of public health and safety in our country and around the world and poses a substantial risk to consumers. This is simply unacceptable. 

As a part of the IP Task Force, the department plans to increase our cooperation with foreign law enforcement partners and leverage existing partnerships to combat the sale of these counterfeit and dangerous drugs.

Efforts that the Private Sector Can Undertake

Now that I have provided you some information on what we, the department and federal government are doing, here are a few thoughts on a few simply steps you can take to help join us in this fight:

First, you can work with us to share information about emerging fraud schemes and best practices for anti-fraud efforts.  We want to partner with you whether you are in here from state law enforcement or the private sector.  We can learn from each other's experience and work together because the people perpetrating the fraud schemes do not recognize boundaries between Medicare and Medicaid or private and public sector health care funding.

Second, you can institute effective compliance and anti-fraud programs. 

Third, you can encourage your clients to make voluntary disclosures when they learn of fraud and abuse.

*       *       *       *       *

We share a common goal – to make sure that health care dollars are being spent wisely and for the benefit of those who need medical care.  The Department of Justice is committed to this goal and we have a comprehensive strategy with our partners at HHS to achieve that goal.  We welcome the opportunity to work with any and all of you in this endeavor.

Thank you again for inviting me to speak with you this afternoon.

http://www.justice.gov/dag/speeches/2010/dag-speech-100513.html

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Good afternoon. I'm pleased to join Secretary Sebelius in providing an update on our joint efforts to combat health care fraud and, specifically, to protect taxpayer dollars and our Medicare and Medicaid programs.

The Departments of Justice and HHS have a long history of working together in the fight against health case fraud. Today, we are submitting the "Health Care Fraud and Abuse Control Program Annual Report," (HCFAC) which outlines the last fiscal year's prevention and enforcement achievements. This report shows the success of our collaborative efforts to prevent, identify, and prosecute the most egregious instances of health care fraud.

Over the years, we've seen that as long as health care fraud pays and goes unpunished, our health care system will remain under siege. These crimes harm all of us – government agencies and programs, insurers and health care providers, and individual patients. But we are fighting back. As our latest HCFAC report shows, we have made meaningful, measurable progress. In fact, last year brought record levels of achievement.

In the last fiscal year, as a result of our joint efforts, approximately $2.5 billion was deposited to the Medicare Trust Fund – an increase of more than half a billion dollars over the prior year's total. We also won or negotiated more than $1.6 billion in judgments and settlements. The Justice Department's Criminal Division and our U.S. Attorneys' Offices opened more than 1,000 new criminal health care fraud investigations and had more than 1,600 health care fraud criminal investigations pending. We reached an "all-time high" in the number of health care fraud defendants charged, with more than 800 indictments in nearly 500 cases and close to 600 convictions. And the Justice Department's Civil Division opened nearly 900 new civil health care fraud investigations and had more than 1,100 pending cases.

These numbers, though, tell only part of the story. Last year also brought a critical step forward in our health care fraud fight – the creation of our Health Care Fraud Prevention & Enforcement Action Team, or HEAT.

In establishing this task force last May, our two agencies were inspired by common cause – and by common sense. We realized that, to overcome a problem as complex and widespread as health care fraud, it was time to redouble our efforts. HEAT has elevated our joint fight against both civil and criminal health care fraud as a Cabinet-level priority. We're bringing to bear the full resources of the federal government against individuals and corporations who illegally divert taxpayer resources for their own gain. And our approach is working. So far, HEAT has enhanced our ability to bring abuse to light and criminals to justice. And it's enabled the recovery of stolen funds and the return of millions of dollars to the U.S. Treasury and the Medicare Trust Fund.

Much of this success can be attributed to our Medicare Fraud Strike Forces, which are at the core of HEAT's law enforcement mission. On the criminal side, through the HEAT initiative, our agencies have expanded Medicare Fraud Strike Forces to seven regions across the country – from South Florida to Detroit to Houston – where Medicare data show hot spots of unexplained billing levels. To date, Strike Force prosecutors from U.S. Attorneys' Offices and the Justice Department's Criminal Division have sought approximately $500 million in court-ordered restitution to the Medicare program in nearly 300 health care fraud cases involving more than 560 defendants. More than 300 guilty pleas have been secured, and 250 defendants have been sentenced to prison – with sentences ranging from two months to 30 years. And on the civil enforcement front, our health care fraud recoveries last year under the False Claims Act exceeded a stunning $2.2 billion dollars.

I'm proud of this great work performed by the Justice Department's prosecutors, agents, analysts and investigators – and by our partners at HHS. These accomplishments reflect this Administration's ongoing and intensive efforts to protect the American people and to safeguard precious taxpayer dollars. Our commitment to fiscal accountability, combating fraud, and returning resources back to the U.S. Treasury, state treasuries, and the Medicare Trust Fund is just one of many ways we're working to help the American people at a time when budgets are tight. In fact, for every dollar we spend combating health care fraud, we're able to return four dollars to the U.S. Treasury and the American taxpayers.

Despite our successes, we cannot rest. Instead, we must take our work to the next level. And we plan to expand our anti-fraud strategies and techniques through the new Affordable Care Act. This law provides new resources and includes tough new rules and penalties. Working with our federal, state, local and tribal law enforcement partners, we will use the expanded capabilities that the Affordable Care Act provides to stop health care fraud in its tracks. And we will work vigorously with all of our law enforcement partners to ensure that fraudsters cannot use this historic legislation to perpetrate health care fraud on our senior citizens and other vulnerable Americans. We will punish these criminals to the fullest extent of the law, and we will bring to justice those who seek to take billions of dollars from the pockets of taxpayers.

We're also engaging the private sector in this fight. And we will continue to work with industry leaders to share information about emerging fraud schemes and to institute effective compliance and anti-fraud programs.

So, on that forward-looking note, I would now like to turn things over to one of our dedicated partners, the Inspector General of the U.S. Department of Health and Human Services, Dan Levinson.

http://www.justice.gov/ag/speeches/2010/ag-speech-100513.html

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Good morning, Chairman Conyers, Representative Smith, and distinguished members of the Committee. I am pleased to appear before you today to discuss the accomplishments of the Department of Justice in the past year. But, first, let me thank you for your ongoing support of the department's work and your recognition of its essential role in defending our nation and its highest principles.

Throughout my confirmation process, and since becoming Attorney General last February, I have worked to establish and articulate a clear set of goals for the Department: protecting the American people against both foreign and domestic threats; ensuring the fair and impartial administration of justice; assisting state and local law enforcement; and defending the interests of the United States. I have repeatedly pledged, just as I did when I appeared before this Committee last May, to pursue these goals in service of the cause of justice and in a way that honors the department's commitment to integrity, transparency and the rule of law.

The thousands of men and women who serve the Justice Department have made meaningful progress in meeting these goals, whether in the pursuit and prosecution of terrorists, in the fight against crime, or in protecting our civil rights, preserving our environment, ensuring fairness in our markets, seeking justice in our Tribal Communities, promoting transparency in our government, and enforcing our tax laws.

Despite the unprecedented challenges and new demands that have emerged, we are on the right path to fulfilling our obligations and achieving our goals. Protecting Americans against terrorism remains the highest priority of the Department of Justice. The Administration will continue to use all lawful means to protect our national security, including, where appropriate, military, intelligence, law enforcement, diplomatic, and economic tools and authorities. We will aggressively defend our nation from attack by terrorist groups, consistent with our Constitution, our laws and our values as well as our international obligations.

As one of the counterterrorism tools available to us, the criminal justice system has proven its strength in both incapacitating terrorists and gathering valuable intelligence – most recently in the case of Faisal Shahzad. Twelve days ago, we believe he attempted to detonate a car bomb in Times Square. Less than 53 hours later, thanks to the outstanding work of the FBI, the department's National Security Division, U.S. Attorneys' Offices, and our partners at the NYPD and the Department of Homeland Security, Shahzad had been identified, located and arrested. When questioned by federal agents, he provided useful information. We now believe that the Pakistan Taliban was responsible for the attempted attack.  We are currently working with the authorities in Pakistan on this investigation, and we will use every resource available to make sure that anyone found responsible, whether they be in the United States or overseas, is held accountable.

This attempted attack is a sober reminder that we face aggressive and determined enemies.   For example, since January 2009, 14 individuals have been indicted in Minnesota in connection with travel to Somalia to train or fight with the terrorist group al Shabaab; David Headley was indicted in Chicago and pleaded guilty in connection with a plot to bomb a Danish newspaper and for his involvement in the November 2008 terror attacks in Mumbai; and Umar Farouk Abdulmutallab was charged with federal crimes in connection with the attempted bombing of Northwest Airlines Flight 253 near Detroit last Christmas.

In addition, in February 2010, Najibullah Zazi pleaded guilty in the Eastern District of New York to conspiracy to use weapons of mass destruction, specifically explosives, against persons or property in the United States, conspiracy to commit murder in a foreign country, and providing material support to al-Qaeda. Zazi admitted that he brought explosives to New York as part of plan to attack its subway system. This was one of the most serious terrorist threats to our nation since September 11th, 2001, and, but for the combined efforts of the law enforcement and intelligence communities, it could have been devastating. Several associates of Zazi have also been charged with participating in the plot and related crimes, including Zarein Ahmedzay, who has also pleaded guilty to terrorism charges and faces a sentence of up to life in prison.

The department's work to combat terrorism includes civil as well as criminal proceedings. For example, the department successfully defended the Treasury Department's designation and attendant asset freeze of a Saudi Arabia-based charity engaged in the widespread financial support of terrorist groups around the world, including al-Qaeda.

In addition to these efforts to protect our nation from terrorism and other threats, over the last year we have reinvigorated the traditional missions of the department. We have strengthened efforts to protect our environment, combat health care fraud, and enforce our antitrust laws. We have worked to safeguard civil rights in our workplaces and our neighborhoods. We have made strides in ensuring that prisons and jails are secure and rehabilitative, and we have worked to make federal criminal laws more fair and effective. And, as part of our focus on securing our economy and combating mortgage and financial fraud, the department is leading the Financial Fraud Enforcement Task Force that President Obama established last year, using new legal tools provided by Congress.

Once again, I thank you for your support of the department's most urgent, and most essential, work. I look forward to continuing to work with this Committee and with the Congress. And, now, I am happy to answer any questions you may have.

http://www.justice.gov/ag/testimony/2010/ag-testimony-100513.html

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From the FBI

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Resources:
- Press release
- National Gang Threat Assessment
- FBI Violent Street Gangs Website
- Safe Streets Task Force

http://www.fbi.gov/page2/may10/gangs_051310.html

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Almighty Latin King and Queen Nation Gang Members Sentenced to Life in Prison for Their Roles in Multiple Murder, Narcotics, and Firearms Crimes

WASHINGTON—The leader of the Almighty Latin King and Queen Nation (ALKQN) in Texas and one of his enforcers were sentenced today to life in prison by U.S. District Judge Sam R. Cummings, announced Assistant Attorney General of the Criminal Division Lanny A. Breuer and U.S. Attorney James T. Jacks for the Northern District of Texas.

On Feb. 24, 2010, Jose Robledo Nava, aka “Chino,” 31, of Lubbock, Texas, and James Johnathan Cole, aka “Blitz,” 19, of Lamesa, Texas, were each found guilty by a federal jury in Lubbock on two counts of using a firearm to commit murder during and in relation to a drug trafficking crime, and one count of a conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 100 kilograms or more of marijuana. The jury also found Nava guilty on one count of possession with intent to distribute 500 grams or more of cocaine, one count of conspiracy to engage in the business of dealing in firearms and one count of possession of stolen firearms.

Nava and Cole were also found guilty for their involvement in a drive-by shooting in Big Spring, Texas, on May 4, 2008, in which six people were shot with an AK-47 type rifle. According to the evidence presented at trial, the victims included Michael Cardona and Valeria Garcia, who was 26 weeks pregnant at the time of the shooting. Cardona and Garcia ultimately died a s a result of their wounds. Evidence presented at trial proved that after the shootings, Nava ordered two of his co-conspirators to destroy the murder weapon.

“The sentences imposed today – life in prison – send a powerful message that heinous acts of gang violence will not be tolerated,” said Assistant Attorney General Breuer. “No community should be forced to live in fear. In courtrooms across the United States, the Criminal Division's Gang Unit and its partners at the U.S. Attorneys' Offices are working tirelessly to bring dangerous gang members to justice.”

“The verdict in this case and the sentences imposed against these gang members is a victory for all law abiding citizens, not only in Big Spring, Texas, but across the country. It also represents a warning to any other individuals who decide to follow the path of a member of a criminal gang,” said U.S. Attorney James T. Jacks. “Citizens of this country are tired of gangs, what they represent and the effect of their activities on their communities. The Department of Justice through the work of its Gang Unit, U.S. Attorney's offices around the country, and our partners in federal, state and local law enforcement agencies have put violent criminal gangs in the cross-hairs and will continue their efforts to eliminate these organizations from our communities.”

According to evidence presented at trial, Nava was the Texas state enforcer and representative for the ALKQN. To date, 18 co-defendants have pleaded guilty and been sentenced for their roles in this conspiracy. The jury found that Nava and Cole were members of a conspiracy that included Luis Nava, aka “Flaco;” Reynaldo Nava, aka “Rat;” Robert Allen Ramirez, aka “Nesyo;” Marie Chavez, aka “Shorty;” Carol Ann Rivas Nava; Cecily Dominique Juarez; Jesus Martinez, aka “Solid;” David Hellums, aka “Cutthroat;” Eduardo Daniel Mares, aka “Pitt;” Gabriel Lee Gonzales; Michael Conde, aka “Psycho;” John Guzman; Guerrero Olivas, aka “Screech;” Eliseo Perez, aka “Wicked;” Joe Canales, aka “Slick;” and others. The jury found that from 2001 until Dec. 13, 2008, Nava and Cole directly or indirectly agreed to distribute, and possessed with intent to distribute, cocaine and marijuana.

The case was investigated by the National Gang Targeting, Enforcement and Coordination Center (GangTECC); the Organized Crime Drug Enforcement Task Force; the U.S. Drug Enforcement Administration; the FBI; U.S. Immigration and Customs Enforcement; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the El Paso Intelligence Center; U.S. Customs and Border Protection; the U.S. Marshals Service; the Texas Department of Public Safety; the Police Departments of Lubbock, Midland, Houston, San Antonio and Big Spring, Texas; the Lubbock County, Texas, Sheriff's Office; and the Howard County, Texas, District Attorney's Office.

The case was prosecuted by Trial Attorneys Cody L. Skipper and Joseph A. Cooley of the Criminal Division's Gang Unit and Assistant U.S. Attorney Denise Williams of the U.S. Attorney's Office for the Northern District of Texas.

http://dallas.fbi.gov/dojpressrel/pressrel10/dl051310.htm

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Additional Charges Filed Against Two Men for Springfield Church Arson

Presidential Election Sparked Hate Crime

SPRINGFIELD, MA—Additional criminal charges were filed today against two Springfield men in relation to the burning of a Springfield church on November 5, 2008.

United States Attorney Carmen M. Ortiz; Assistant Attorney General Thomas E. Perez of the Justice Department's Civil Rights Division; Glenn N. Anderson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Boston Field Division; Warren T. Bamford, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office; Massachusetts State Police Colonel Marian J. McGovern; Hampden County District Attorney William Bennett; and Springfield Police Commissioner William J. Fitchet, announced additional charges related to the burning of the Macedonia Church of God in Christ, a predominantly African-American church, on the morning after Barack Obama was elected President of the United States.

“This senseless church burning victimized and traumatized a congregation and the larger Springfield community,” said U.S. Attorney Ortiz. “Any desecration of a place of worship is a despicable crime, reaching to a deeply felt American tenet, freedom of religion. Incidents of this type illustrate the challenges we still face to protect our civil rights.”

"The freedom to practice the religion that we choose in a safe environment without being subjected to discrimination or hateful acts is among our nation's most cherished rights," said Tom Perez, Assistant Attorney General in charge of the Justice Department's Civil Rights Division. "Anyone who violates that right will be prosecuted to the fullest extent of the law."

Today, in a superseding indictment, a federal grand jury charged MICHAEL JACQUES, 25, and THOMAS GLEASON, 22, with two additional crimes—damaging religious property because of race, color or ethnic characteristics, and using fire to commit a felony. The two were previously charged with conspiring to injure, oppress, threaten, and intimidate the parishioners of the Macedonia Church of God in Christ in the free exercise or enjoyment of the right to hold and use real property, a right which is secured in the Constitution and laws of the U.S.

The superseding indictment charges that in the early morning hours of November 5, 2008, within hours of the election of Barack Obama, JACQUES and GLEASON succeeded in burning the Macedonia Church of God in Christ's newly-constructed building where religious services were held for its predominantly African-American congregation. The building was 75 percent completed at the time of the fire, which destroyed the entire structure leaving only the metal superstructure and a small portion of the front corner intact. Investigators determined the fire to be incendiary in nature and caused by an unknown quantity of gasoline applied to the exterior and interior of the building.

JACQUES and GLEASON face up to 10 years in prison on Count One, 40 years in prison on Count Two, and a mandatory 10-year sentence on Count Three, plus up to five years of supervised release.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Federal Bureau of Investigation; Massachusetts State Police; Hampden County District Attorney's Office and the Springfield Police Department. It is being prosecuted by Assistant United States Attorneys Paul H. Smyth and Kevin O'Regan of Ortiz's Springfield Office and Nicole Lee Ndumele, a Trial Attorney in the Department of Justice's Civil Rights Division.

The details contained in the Indictment are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

http://boston.fbi.gov/dojpressrel/pressrel10/bs051310a.htm

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From the ATF

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ATF Posts 2009 Los Angeles Crime Gun Data

Crime Gun Statistics Available On-Line

LOS ANGELES — John Torres, Special Agent in Charge of the Los Angeles Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF ), announces the release of aggregate trace data for crime guns recovered in Los Angeles and submitted to ATF for tracing for calendar year 2009.

A review of the trace data compiled from January 1 to December 31, 2009 (from a data set run between March 29, 2010 and May 3, 2010) of several regions within Southern California revealed the following:

• 32,964 crime guns were recovered by statewide California law enforcement agencies and submitted to ATF to be traced.
• 16,162 firearms were traced by Los Angeles County law enforcement agencies with the majority traced by the LA County Sheriff's Department and the Los Angeles Police Department.
• Statewide, recovered handguns outnumbered long guns by nearly 2 to 1.
• 50% of all firearms recovered in California were recovered in Los Angeles County, and 21% were from the City of Los Angeles.
• In Los Angeles, recovered handguns outnumbered long guns by more than 2 ½ to 1.
• 1,238 crime guns were traced by Orange County law enforcement agencies in 2009.
• 1,521 crime guns were traced by Los Angeles ATF Agents as part of ongoing investigations in 2009.
• There were over 3,000 crime guns recovered and traced in Southern California from youths 18-24 years of age.

A key component of ATF 's enforcement mission is the tracing of firearms on behalf of the thousands of nationwide federal, state, local and foreign law enforcement agencies. Analyzing the comprehensive trace results gives ATF Los Angeles the ability to track illegal trafficking patterns and dismantle the organizations that put firearms into gang members and violent felons' hands. ATF also gains insight regarding the types of criminal offenses committed in Southern California.

ATF views the most pertinent information gathered from a firearms trace as the individual purchaser and the time-to-crime ( TTC ) statistic. The TTC refers to the time period from the initial sale of the weapon by the federal firearms licensee to its recovery by law enforcement. Every gun with a TTC of less than two (2) years is looked at by ATF analysts, with an intense focus on those guns with a TTC of less than one (1) year. Time-to-crime less than one year may be a very strong indicator of illegal firearms trafficking.

I attribute our successes as a federal agency to the positive interaction and collaboration with our state and local partners in Los Angeles and surrounding areas. Tracing this amount of guns has given us a good baseline in determining the source of crime guns in Southern California. We are following up diligently on these leads, said Torres. On January 1, 2002, the state of California enacted mandatory crime gun tracing through ATF .

Guns Recovered by Police Agencies in California & Traced by ATF [ a ] State of California Los Angeles County City of Los Angeles Notes Trace Totals Handguns Long Guns [ b ]

32,964	–	16,405	50%	6,882	21%	(% based on % of total CA traces)
21,312	65%	10,699	65%	4,947	72%	(% based on % of State, County or City traces, i.e. 65% of guns recovered in LA County were handguns)
11,580	35%	5,785	35%	1,925	28%	(% based on % of State, County or City traces, i.e. 35% of guns recovered in LA County were long guns)

1. The Southern California Regional Crime Gun Center validated trace data for these entries prior to submission to the NTC . Date of study is 1/1/09-12/31/09
2. (Rifles, Shotguns, Destructive Devices, Machine Guns)

The below chart reflects firearm traces submitted by police agencies in several counties of the ATF LAFD area of responsibility for the current year and the preceding years of 2007 & 2008.

ATF , LAFD Trace Summary, by County
County Year Total 2007 2008 2009
Los Angeles San Diego Orange San Louis Obisbo Ventura Riverside

9,876	13,479	16,162	39,517
983	1,109	1,793	3,885
594	450	1,238	2,282
14	50	352	416
413	427	435	1,275
1,009	869	1,145	3,023

http://www.atf.gov/press/releases/2010/05/051110-la-posts-2009-crime-gun-data.html

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New Orleans Man Sentenced for Making Threats to Kill President Obama and for Drug and Firearms Offenses

NEW ORLEANS, LOUISIANA — JOHN TURNPAUGH, age 47, a resident of New Orleans, Louisiana, was sentenced in federal court today by U.S. District Judge Jay Zainey to ninety-six (96) months imprisonment for threats against the President, as well as drug and gun charges, announced U.S. Attorney Jim Letten. Specifically, the defendant was sentenced to serve 36 months in prison as to charges involving the threat against the president and the drugs, and a consecutive sentence of 60 months as to the gun charge.

Speaking to today's prison sentence, U.S. Attorney Letten stated, The swift, joint investigation and action by Secret Service, ATF , NOPD , and our U.S. Attorney's office, coupled with today's 8-year prison sentence, are powerful and clear signals that we in federal enforcement will move forcefully and decisively in finding, apprehending, and bringing to justice anyone who threatens or endangers our President, or who places our citizens at risk through criminal conduct.

According to court documents, TURNPAUGH pled guilty on February 2, 2010 to three counts of an indictment which charged him with making threats to kill President Barack Obama, possessing marijuana with the intent to distribute, and to possessing four firearms in furtherance of his drug trafficking activity. TURNPAUGH admitted on December 30, 2009, he called an New Orleans Police Department 911 operator and stated, Yeah, hey, I'm going to kill President Barack Obama and his wife this month.… The New Orleans Police Department and the U.S. Secret Service responded swiftly and determined that the caller was TURNPAUGH who lived in the 1000 block of St. Mary Street, New Orleans, Louisiana. After agents located the defendant, advised him of his rights, and played a recording of the 911 call, the defendant admitted that he was the person who made the call. Telephone records also revealed that TURNPAUGH had placed the call from his cell phone. Additional investigation determined that TURNPAUGH was selling marijuana and was illegally in possession of several firearms in furtherance of his drug trafficking activity.

According to the sentencing guidelines, it was recommended that TURNPAUGH face a range of 15 to 21 months imprisonment. In handing down the sentence, Judge Jay Zainey took note of the defendants lengthy criminal history and imposed a more severe sentence than called for by the federal guidelines.

The case was investigated by agents from the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New Orleans Police Department. The prosecution was handled by Assistant United States Attorneys Maurice E. Landrieu, Jr. and Salvador Perricone.

http://www.atf.gov/press/releases/2010/05/051110-no-orleans-man-sentenced-on-presidential-threats-firearms-drugs.html

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