Attorneys Bulletin - Justice

[Pages:102]US Department of Justice

Executive Office

for United States Attorneys

4oesATToANEv

DOMINA

TUR

JUSTITIA

VOLUME 39 NO

United States Attorneys Bulletin

Published

by

ecutive Office for United

Laurence

McWhorter

States Attorneys Director

W3shington D.C

Legal counsel Editor Assistant Editor

Manuel Judith Audrey

Rodriguez

Beeman

Williams

FTS/368-4024 FTS/241-6098 FTS/241-6098

THIRTY-EIGHTH YEAR

APRIL 15 1991

TABLE OF CONTENTS

COMMENDATIONS

Special Commendation For The Western District Of Kentucky Mail Bomb Case In The Middle District Of Alabama

The Middle Northern And Southern Districts

Of Georgia

And The Middle District of Florida

CRIME ISSUES Crime Summit The Presidents Crime Bill

United States Attorneys Conference

Project Violent

Triggerlock Crime Task

Forces

Criminal Division Reorganization

Police Brutality

Gang Violence Personal And Household

Crime

Victims Provisions Of The Crime Control

Act Of 1990

DRUG ISSUES War On Drugs

Grants Targeted

For Fighting

Crime And Drugs

ASSET FORFEITURE

Increased Administrative

Forfeiture Caps

Effect Of Delay In Notice Required By The

Anti-Drug Abuse

Disposition

Of ADP

Fund Allocations

Act Of 1988 Equipment Purchased

With

Assets

Forfeiture

Page

82 86

86

87 88 88 89 89 90 92 92 93 93

94

94

95

95

TABLE OF CONTENTS Contdj

SAVINGS AND LOAN ISSUES

Agreement On Investigations

Of Financial

Institution

Fraud

Privately Insured Credit Union System In Rhode Savings And Loan Prosecution Fraud Update

Island

Matters

POINTS TO REMEMBER

Money Laundering

Temporary Delegation Of Authority To Authorize

Grand Jury Investigation

Of False Claims For

Increased Settlement Authority For United States

Skills Bank To Be Updated

Tax Refunds Attorneys

Reemployment Rights Of Veterans Returning Operation Desert Shield/Desert Storm

Witness Payments To Convicted Prisoners

From

SENTENCING REFORM

Federal Sentencing

And Forfeiture Guide

Page

96 96 97

98 98 98 99 100 101

101

LEGISLATION Civil Rights Act Of 1991 Federal Employee Honoraria Ban

CASE NOTES

Civil Civil

Rights Division Division

101 101

102 103

ADMINISTRATIVE

ISSUES

Use Of Sick Leave For Adoption Purposes Thrift Savings Plan Investment Umits Career Opportunities

Office Of The Inspector General

Office Of United States Trustee Office Of United States Trustee Federal Bureau Of Prisons

Newark Wichita

APPENDIX

Cumulative Ust Of Changing Federal Civil

Postjudgment Interest Rates

Ust Of United States Attorneys

Exhibit

The Presidents Crime Bill

Exhibit Exhibit

Increased Administrative

Forfeiture Caps

Agreement On Investigations

Of Financial

Exhibit

Money Laundering Prosecutions

Exhibit Exhibit

Temporary Delegation Skills Bank

Of Authority

Institution

Exhibit Exhibit Exhibit Exhibit

GSoldiers and Sailors Civil Relief Act

Operation Desert Storm Sample Press Release

Federal Sentencing

and Forfeiture Guide

Civil Rights Act Of 1991

108 109 109 110 110 111

112 113

Fraud Matters

Please

send

name or address changes to

The Editor United States Attorneys Bulletin

Room 6419 Patrick Hens Building

601

Street N.W Washington D.C 20530

FTS 241-6098

Commercial 202-501-6098

39 NO

APRIL 15 1991

PAGE 82

COMMENDATIONS

The following Assistant United States Attorneys have been commended

Kent Anderson Oklahoma Western Dis-

trict by Brigadier General William

Moore

Jr Brooke Army Medical Center Department of the Army Fort Sam Houston Texas for his

excellent representation

and successful efforts

in the prosecution of the Medical Center

lawsuit filed against

Reese Ronald

gration for his

Bostwick District of Arizona by

Dowdy Chief Patrol Agent Immi-

and Naturalization

Service Tucson

outstanding assistance and valuable

contribution

to the success of

number of

multi-defendant alien smuggling cases

Kim Daniel Pennsylvania Middle District

by Major General Paul

Cerjan U.S Army

War College

Carlisle Barracks

for his

excellent

representation

in

issues related to television

litigation

over

cable services

for the military community at the Barracks

Ernest Western

DiSantis

Jr Pennsylvania

District by Thomas

Gleason

Supervisory Special Agent FBI Pittsburgh for his legal skill and professionalism in

prosecuting information to United States

physician for furnishing an insurance company mail

false via the

Eugene Bracamonte District of Arizona by

Brigadier

General William

Moore Jr

Brooke Army Medical Center the Army Fort Sam Houston

Department of Texas for his

assistance and support in the successful

defense

of an unmeritorious lawsuit

filed

against the Medical Center

Edwin Brzezinski Missouri Eastern District by Professor Karen Tokarz Director of Clinical

Education Washington

University

St Louis

for his participation and valuable contribution

to the Client Counseling sored by the Law School

Competition sponClinical Program

Michael

Carey and Thomas

ORourke

District of Colorado and Staff Mary Ann Castellano by Bruce Counsel Conflicts and Criminal

particularly

Pederson

Restitution

Section Federal Deposit Insurance Corpora-

tion Washington D.C for their outstanding

efforts

in cosponsoring

an interesting and

informative

seminar on the Investigation

and

Prosecution of Financial Institution recent Bank Fraud Conference

Crimes at

Daniel Donald Charge

Cassidy District of Colorado by Shruhan Jr Special Agent in

U.S Customs Service Tucson for

his successful prosecution of

complex

narcotics smuggling organization

Curtis

Failgatter Florida Middle District

by William

Sessions Director FBI Wash

ington D.C for his successful prosecution

of

public

corruption

case involving

the

Jacksonville

city government and its inde

pendent authorities

Annette Forde District of Massachusetts

by Thomas

Hughes Special Agent in

Charge defense

FBI Boston for her excellent

of

special agent who during an

emergency situation received

speeding

ticket in the course of his official business

Douglas

Frazier Florida Middle District

by Robert

Smith Special Agent

in

Charge Florida Department

of Law Enforce-

ment

efforts

Jacksonville

for his extraordinary

leading to the indictment and guilty

pleas of two notorious

kilogram cocaine

traffickers

Note

Mr Frazier is currently

Acting Deputy Director

Executive Office for

United States Attorneys Department of Jus

tice Washington D.C

John Harmon Alabama Middle District by Wallace Johnson Executive Director Public

Housing Authorities

Directors Assn Wash-

D.C ington

for his excellent

presentation

on asset forfeiture

before the

Board

of

Trustees and the general membership

VOLUME 39 NO

APRIL 15 1991

PAGE 83

Ronald

Hensy Florida Middle District by

Gregory

Strickland Zone

Task Force

Office of the Sheriff Jacksonville

for his

valuable assistance and cooperation In the

successful prosecution of

uviolent offender

who would have remained at continued danger to society.N

large

and

Rick Jancha Florida

Norman

Wolfinger

Middle District by

State Attorney

18th

Judicial Circuit of Florida Titusville for his

successful

prosecution

of

murder trial

first degree

David

Jennings Florida

by John

Fleder Director

Middle Office

District

of Con-

sumer Litigation

Department

of Justice

Washington and tactical

D.C for his invaluable

strategic

advice

during

the

trial

of

conspiracy

case

involving

fraudulent

franchising scheme

Thomas

Karmgard Illinois Central Dis-

trict by John

Beaty Area Administrator

Office

of Labor-Management

Standards

Department

of Labor Chicago for his

successful efforts in

former Union

official

the for

prosecution of embezzlement of

union funds

Gregoiy Kehoe Florida Middle District by

the Honorable

Bob Graham United States

Senator for

speaker

in

presentations

his participation as an AmPart

Brazil

and

his

outstanding

on behalf of the criminal justice

community and the United States as whole

James Kuhn Thomas

Illinois Tantillo

Central

District

by

Assistant

Regional

Inspector Department

General

for

Investigations

of Health and Human Services

Chicago for his legal skill and profes-

sionalism in the prosecution of

sensitive

welfare fraud case

Ed Kumlega Oklahoma Western District

by Bob

Ricks Special Agent in Charge

FBI Oklahoma City for conducting

joint

In-Service Training Program for the FBI and

the U.S Department

of Agriculture

and for

his presentation

before employees of the

Agriculture

Departments

from Oklahoma

Louisiana Texas Arkansas Missouri and

Kansas on preparing witnesses for federal

court

John Kyles Gaiy Cobe and Nancy Cook

Texas Southern

District

by Allison

Brown Postal Inspector

in Charge Postal

Inspection

Service

Houston

for their

valuable assistance and outstanding suc

cess in the headed by

trial

of

U.S

major Postal

mail theft ring Service letter

carrier

Ellen

Lockwood Texas Western Dis

trict by

Ted Ressler District Counsel

Small Business Administration San Antonio

for her valuable assistance and represent

ation in recovering more than

half million

dollars from the condemnation

of certain

real estate in which the agency had an

interest

Robert Long Pennsylvania Middle District

by Marcia Cronan Acting Assistant Regional

Director

Division of Law Enforcement

Fish

and Wildlife Service

Department

of the

Interior Boston for his excellent

prose-

cutorial skills in bringing

recent criminal

trial

to

successful conclusion

Douglas McCullough North Carolina

Eastern District by Leon Snead Inspector

General Department

of Agriculture Wash

D.C ington

for his valuable contributions

to

both the investigation

and prosecution of

the tobacco exporting companies who de

frauded the Commodity Credit Corporation

VOLUME 39 NO

APRIL 15 1991

PAGE 84

Michael

MacDonald Michigan Western

District by WilliamS Sessions Director FBI

Washington

D.C for his vital role in thirty

convictions

achieved thus far as

result of

the task activities

force investigation

of drug

in the Detroit area

trafficking

Bernard

Malone Jr New York Northern

District by James

Allen Director

Office

of Cable Signal Theft National

Cable Tele-

vision Assn Washington

D.C for his

demonstration of support and cooperation in

successfully

prosecuting

involving

the illegal sale

criminal case of cable television

descramblers

Ernst Richard

Mueller Florida Middle District by

Pettigrew Acting Commander

LowndesNaldosta

Drug Suppression Unit

Valdosta

Georgia for his significant con-

tribution

Lowndes

to

curtailing

drug

County and the State

activities

in

of Georgia

Steve MulIins Oklahoma Western District

his secretary Sandra Blackstock and other

staff members by

Christopher Kohn

Director

Commercial

Utigation

Branch Civil

Division Department of Justice Washington

D.C for their valuable

assistance

and

support in recovering $1.2 million in funds

from

bankrupt grain elevator

Charles

Niven Alabama Middle District

by John

Norris Chief of Investigations

VideoCipher

Division General Instrument

Corporation

San Diego for his successful

prosecution of

satellite programming piracy

case resulting in

savings of several million

dollars

in

lost

revenues to the satellite

programming industry

Sam Nuchia

the Honorable District Court

Texas Southern

District by

Lynn

Hughes Judge U.S

Houston for his demonstration

of scholarship

integrity industry courtesy

and his vigorous pursuit of the public interest

Lester Paff and Kevin VanderSchel Iowa

Southern Special

District by Dominic Agent in Charge U.S

Napoiski Customs

Service Chicago for obtaining

conviction

in

criminal case involving

multiple charges

relating to sales and trafficking

in drug

paraphernalia

and money

laundering

Reid Pixier District of Arizona by Donald

Shruhan Jr Special Agent in Charge

U.S Customs Service Tucson for his

valuable assistance and dedication in the

DC-6 investigation

resulting in the seizure

and forfeiture of more than $4000000 in

assets

Manuel Porro Texas Southern District by

Shirley General

Peterson

Assistant

Tax Division Department

Attorney

of Jus

tice Washington

D.C for his excellent

representation

and prompt action on behalf

of the Tax Division in

lengthy and factually

complex hearing in

case involving

jeo

pardy assessment

James

Robinson Oklahoma Western

District Criminal

Revenue

by George

Investigation

Service

for

Fields Jr Chief

Division

Internal

his outstanding

success in prosecutions resulting in seizure of assets in excessof $1.3 million

Ronald

Sarachan and Maureen Barden

Pennsylvania Eastern District by Martin

Squitieri

Divisional

Inspector

General for

Investigations

Environmental

Protection

Agency Philadelphia for their successful

efforts in the continuing investigation

of

corporation

for violation of federal environ

mental statutes and with conspiracy to vio

late those statutes

Whitney District

Schmidt by Norman

Florida

Ward

Middle

District

Director

Office

of Labor-Management

Standards Department of Labor Tampa for

his excellent

prosecutive

support

and

assistance in obtaining

record number of

indictments

in the past year

VOLUME 39 NO

APRIL 15 1991

PAGE 85

Albert

Schollaert Pennsylvania Western

District by Homer

Byrd District Counsel

Department

of Veterans Affairs Pittsburgh for

his legal skill and professionalism in ob-

taming

favorable

settlement

ernment in

Federal Medical

Act litigation

for the govCare Recovery

Stanley Seiwatka

Texas Western District

by Stephen General for

Marica Assistant

Investigations

Small

Inspector Business

Administration Washington

D.C for his

initiative diligence

and professionalism in

pursuing

complicated criminal investigation

Thomas Splna

by David

New York Northern District

Krasula

Regional

Inspector

General-lnvestigations Department of Labor

New York for his legal skill and expertise

in

successfully

prosecuting

and Department of Labor

joint Postal Service benefits fraud case

involving

violation of the Federal Employees

Compensation Act

Michael Patrick Sullivan

Florida Southern

District by Robert

Bonner Administrator

Drug EnforcementAdministration

Washington

D.C for his outstanding

leadership

and

series of successes

in the investigation

and

trial

and

of Bolivian his major

Colonel Luis accomplishments

ARCE-Gomez

thus far as

lead

prosecutor

in the upcoming

trial

of

Panamanian General Manuel Noriega

Thomas

Swalm and Stephen

West

North Carolina Eastern District by Richard Hattendorl Past President North Carolina

Assn of Police Attorneys Charlotte for their

excellent presentation

on orfelture Law and

Issues at

recent

Carolina Association

conference of Police

of the North Attorneys

Robert John

Teig Iowa Northern District by Fleder Director Office of Consumer

Utigation Department

of Justice Wash-

ington D.C for his outstanding assistance

and advice during the recent successful trial

of

conspiracy case involving

three

lations of the Food and Drug Act

vio

Charles Turner United States Attorney for the District of Oregon by Governor Neil

Goldschmjdt Salem for his public service to

the people of Oregon and for all of the

energy and support he has given to make

Oregon

better place to live and work

Jack Wong District of Oregon by Michael

McCarthy District Counsel Department of

Veterans Affairs Portland for his excellent

defense

of the VA doctors nurses and

other health care professionals

in complex

medical negligence case

Randall by Charge

Yontz Ohio Southern District

Lamden Postal U.S Postal Service

Inspector Cincinnati

in for

obtaining charged

guilty verdicts on all twenty counts

in

complicated mail fraud case

Warren trict by forcement

Zimmerman Florida Middle Dis

Ralph

Sharpe Director

En

and Compliance

Division Comp

troller

of the Currency

Administrator

of

National Banks Washington D.C for his

outstanding removal of

assistance in the permanent bank director In Vail Colorado

for obtaining

$10000 and for ment to the bank

civil money arranging for of $352000

penalty of reimburse-

VOLUME 39 NO

APRIL 15 1991

PAGE 86

SPECIAL COMMENDATION FOR THE WESTERN DISTRICT OF KENTUCKY

On February 26 1991 Joseph of Kentucky was commended by Washington D.C as follows

Whittle Clayton

United States Attorney for the Yeutter Secretary Department

Western District of Agriculture

It is

privilege for me to commend you In recognition

of meritorious

debt

collection

services provided to the United States Department

of Agriculture

Farmers Home Administration State of Kentucky

understand that through

your leadership and management abilities during the years 1986-1990 your

Kentucky office has collected

Farmers Home Administration

debts owed to

the Federal Government totaling over $7.4 million

Your aggressive and successful prosecution of Farmers Home Administration

cases involving unauthorized

criminal fraud have served as

nationwide deterrent against

disposition

of Farmers Home Administration

mortgaged

properties

Further your efforts

in reducing the caseload

backlog and

decreasing the processing time has saved an estimated $950000

salute

you for your diligent contributions

Home Administration

objectives You have

toward attainment of Farmers

certainly made good on your

avowal in February of 1986 to collect debts owed to the Federal Govern

ment through both civil and criminal legal actions

The taxpayers of the

Commonwealth

of Kentucky

and the entire Nation are fortunate

to have such

knowledgeable

and dedicated

continued success

public

servant as yourself

Best wishes for

MAIL MID

BOMB CASE IN THE SOUTHERN DISTRICTS

MIDODFLGEEODRISGTRIAICTANDOFTAHLEABMAIDMDALETHDEISTMRIIDCDT LEOFNFOLROTRHIDEARN

No In the United States Attorneys Bulletin Vol 39

25 special commendations were reported for

number of

Alabama and Georgia Moody Jr for the mail

who participated

in the investigation

bomb assassinations of an Eleventh

Savannah Alderman Since that publication

was Issued

has received the following

additional

commendation letters

dated February 15 1991 at page

Assistant United States Attorneys in and prosecution of Walter Leroy

Circuit Court of Appeals Judge and the United States Attorneys Bulletin

in connection with this case

Ray Rukstele Georgia Northern

D.C Director

FBI Washington

for

authorization

for electronic

surveillance

Mr first five months of the investigation

Attorney for the District of Nevada

District was commended by William

Sessions

his

and

legal guidance

In obtaining

search

the use of an investigative

grand jury

warrants during the

Rukstele is currently an Assistant

United States

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VOLUME 39 NO

APRIL 15 1991

PAGE 87

Louis

Freeh and Howard

Shapiro Assistant

United States Attorneys for the

Southern

District of New York have been appointed lead prosecutors in the trial of Walter Leroy

Moody Jr for the Malcolm Assistant

mail bomb assassinations

They will be assisted

United States Attorney for the Northern District of

at trial

Georgia

by John The trial

is

tentatively scheduled for June

1991 at

site not yet determined

Walter Moody is detained

awaiting witness

sentencing on earlier convictions

for obstruction

of justice

tampering and is awaiting trial on the mail bomb case

subornation

of perjury and

In his

Washington

remarks before

D.C on March

the Judicial Conference

of the United States which met in

12 1991 Attorney General Dick Thornburgh

said Perhaps no

proceeding

brought me greater

satisfaction last year than the indictment

of the individual

charged Vance

with the dreadful

We are all deeply

mail bomb

concerned

murder of your former about judicial security

colleague the late Judge Robert and emergency measures were

taken in the Eleventh Circuit until we could apprehend and charge the man whom we believe

committed this heinous crime but rest assured that anyone

Because who ever

this case is so threatens

pending in the courts our judicial system will

will

be

not say more prosecuted to

the fullest extent that the law allows

CRIME ISSUES

Crime Summit

On March

1991 Attorney General Dick Thornburgh

delivered the keynote address at

the opening

assembly

of the Attorney Generals Summit on Law Enforcement

Responses to

Violent Crime which was attended by 650 city police chiefs

We The Attorney General said

are here in the name of

justice

We are not here to search for the roots of crime or

and other law enforcement

officials

the law and for the furtherance of

to discuss sociological

theory The

American people demand action to stop criminal violence whatever its causes The debate over

the root causes of-crime

now be halted

will go on for decades

but the carnage

In our own mean streets must

President Bush and Supreme Court Justice Sandra Day OConnor also addressed

the

conference

In his statement the President called for

crime bill that will stop the endless

frivolous appeals that clog our habeas corpus system one that guarantees that criminals who

use serious weapons face serious time and one that ensures that evidence

gathered by good

cops acting in good faith is not barred by tehnicalities that let bad people go free And for the

most heinous of crimes we need

workable death penalty

And

The well

We President added

need your Ideas in putting

need your help in getting it through Congress

together our new crime package But promise you this Were not

giving up on this crime bill Were not going to let it get watered down

And were not going

to put our crime fighters in harms way without backing them to the hilt

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