AG HOLDER MAKES REMARKS AT WHITE HOUSE TRIBAL NATIONS CONFERENCE

FROM:  U.S. JUSTICE DEPARTMENT 
Attorney General Eric Holder Delivers Remarks at the White House Tribal Nations Conference
~ Wednesday, November 13, 2013

Good morning – and thank you all for such a warm welcome.  I want to thank David [Gipp] for those kind words.  And I’d particularly like to thank Secretary [Sally] Jewell and her colleagues at the Department of the Interior for hosting this important Conference.

It’s a pleasure to join them, President [Barack] Obama, my fellow Cabinet members, and leaders throughout the Administration in welcoming such a distinguished group to Washington.  And it’s a privilege to stand with so many good friends, passionate advocates, dedicated tribal leaders, and essential Indian Country partners in reinforcing the ties that bind us to one another; renewing our commitment to working – with mutual trust and mutual respect – to address shared challenges;  and reaffirming our dedication to fulfilling the great promise of our government’s relationships with sovereign tribes.

I want to personally commend every participant in this year’s Tribal Nations Conference for taking the time to be here – and moving our nation closer to its most treasured ideals: of equality, opportunity, and justice under law. Especially in recent years, countless tribal leaders – both in and beyond this room – have stepped to the forefront of our efforts to preserve cultural values, to enforce treaty obligations, and to secure the rights and benefits to which all American Indians and Alaska Natives must always be entitled.

Together, through many generations, you and your predecessors have faced down tremendous adversity – standing up to those who once sought to terminate the federal government’s relationships with tribes. You’ve galvanized support for the rights of American Indians to maintain tribal governments – and to have a seat at the table before major reforms are enacted.  You’ve mobilized tribal nations to win passage of long-overdue laws not simply to regulate tribal affairs, but to allow all Native peoples to fulfill their own promise and chart their own paths.  As the ranks of your partners have grown, you’ve raised awareness about obstacles to tribal sovereignty.  And – with the assistance and support of public servants like my distinguished predecessor, Attorney General Robert F. Kennedy – you’ve ushered in a new era of tribal self-determination that is now half a century old, and growing stronger every day.

 As we gather for this year’s Tribal Nations Conference – here in our nation’s capital, during American Indian and Alaska Native Heritage Month – it’s appropriate that we celebrate these and other momentous achievements.

 But it’s also necessary that we acknowledge that our relationships have not always been so constructive.  Far too much of our history has been defined by violence and deprivation.  Far too many promises have been broken.  Far too many tribes have been told that their lands, religions, cultures, and languages were somehow not theirs to keep.  That their rights could be abridged or denied without the guarantee of due process. That they could not vote.  And that the only course of action available to them would be to move on, to give up, and – quite simply – to forget.

Today, we declare that we must never forget.  We must never deny the injustice that – for decades upon decades – was inflicted on Native peoples. And we affirm that this painful past has informed, and given rise to, a sustained period of cooperation and self-determination – a period that began in a moment of national challenge, when the nation confronted a New Frontier.

Fifty years ago – in Bismarck, North Dakota – Attorney General Kennedy addressed the National Congress of American Indians.  At the time – just as it is today – NCAI was the largest intertribal organization in the country, a leading voice for tribal sovereignty, and a key partner to the Justice Department. Robert Kennedy spoke of the vision that he and his brother, President John F. Kennedy, harbored for a more free, more just, and more equal nation.  And, in what would become known as a historic speech, he told the assembled crowd that he stood before them at “a turning in the tide”:

“America,” he said, “. . . is moving forward, more rapidly and in more ways than ever before – moving toward the fulfillment of its destiny as the land of the free, a nation in which neither Indians nor any other racial or religious minority will live in underprivilege.”

 Half a century later, it’s clear that this vision has yet to be fully realized.  But it’s equally apparent that the last few decades – and especially the last five years – have been marked by significant steps forward:  to keep a nation’s promise.  To reclaim the brighter future that all of our citizens deserve.  To confront urgent challenges.  To move toward shared aspirations.  And to bring about the remarkable, once-unimaginable progress for which so many have been fighting for so long.  That which began in the New Frontier must continue, with increased vigor, into this new era for which we are all responsible.

For President Obama – and for me – this has always been more than a professional obligation.  It’s a personal priority.  As you heard during the video presentation, when I returned to the Justice Department as Attorney General in 2009, my colleagues and I made it a priority to listen to, to learn from, and to partner with tribal leaders.  And this renewed commitment to cooperation has yielded results we can all be proud of.

 Since January 2009, the Department’s Civil Rights Division, working with U.S. Attorneys’ Offices, has prosecuted numerous defendants for victimizing Native Americans through sex trafficking, hate crimes, and police brutality.  The Division has also been active in enforcing the voting rights of American Indians across the country – including the right, in some jurisdictions, to access voter information in Native languages.

Alongside our counterparts at other federal agencies, we have prioritized the protection of tribal resources and the resolution of longstanding legal disputes.  Four years ago, the Departments of Justice and the Interior reached a historic settlement – totaling more than $3 billion, and approved by Congress as well as a federal court – which resolved the Cobell litigation, a class-action lawsuit that had been pending for a decade and a half.

More broadly, we’ve worked to protect water rights and natural resources on tribal lands. And we’ve vastly expanded our outreach to – and cooperation with – Indian tribes across the continent, institutionalizing ways to seek input on new policies; holding extensive training and listening sessions; and targeting precious resources to the areas where they’re needed most.

 Through our Coordinated Tribal Assistance Solicitation, we’ve streamlined the process allowing tribes to secure federal assistance – awarding nearly $440 million in grants to help address an array of tribal justice issues. These funds are supporting efforts to intervene in the lives of at-risk youth and prevent violence against women; to improve community policing and explore alternatives to incarceration.

But they’re only the beginning – because, as a former United States Attorney, I know from experience that it takes more than financial support to combat crime.  Our ability to ensure just outcomes will always depend upon the sustained efforts of prosecutors, investigators, and victim services professionals on the ground – who work closely with, and genuinely understand, the communities they serve.  Leaders like U.S. Attorney Tim Purdon; his predecessor as Chair of the Native American Issues Subcommittee, Brendan Johnson; and other U.S. Attorneys whose districts include Indian Country exemplify our commitment to this work.  And this commitment is being strengthened every day by the tribal liaisons who have been appointed in each of the 48 U.S. Attorney’s Offices in districts that span Indian Country; by our dedicated FBI agents and victims specialists working full-time on tribal lands; and by the Tribal Nations Leadership Council we launched to advise me – and future Attorneys General – on issues of concern.

In July 2010, President Obama bolstered these efforts when he signed the Tribal Law and Order Act – which has strengthened tribal law enforcement, improved substance abuse prevention and treatment efforts, and enhanced our ability to prosecute crimes committed on tribal lands.  It also ensured that the Office of Tribal Justice will be a permanent part of the Justice Department.

Taken together, these changes – along with programs like our National Indian Country Training Initiative, which has trained thousands of federal and tribal criminal justice professionals – have resulted in significant advances.  And our prioritization of close cooperation between U.S. Attorneys’ Offices and tribal leaders has brought about a notable increase in overall law enforcement in Indian Country.  In fact, in just the last three years, U.S. Attorneys’ Offices with responsibility for Indian Country prosecutions have seen their caseload of prosecutions for crimes committed on tribal lands increase by more than 54 percent.

This is an extremely promising indication.  Yet there’s no denying that a great deal of work remains to be done.  And if we are to seize this opportunity to build on the progress we’ve seen, every person in this room must resolve here and now – as Robert Kennedy and his contemporaries once did – to mark this event not merely as an occasion for reflection, but as a moment of renewal, a time for action and positive change.

We must recommit ourselves to collaboration on an unprecedented scale – no matter the obstacles we face.  And we must declare – together – that, despite everything that’s been achieved, we will not rest as long as crime rates in so many tribal communities continue to exceed the national average.

We will not accept the shameful fact that American Indians are disproportionately likely to become victims of crime and violence.

And we will not tolerate a world in which nearly half of all Indian women and girls have experienced rape, physical violence, or stalking by an intimate partner.  And where Indian women are murdered at a rate that – in some places – is more than ten times the national average.

We simply cannot stand for such an unjust and unacceptable status quo any longer.  And, as our record proves, we will not stand for it.

Last year, I was proud to join President Obama at a ceremony where he signed the newly-reauthorized Violence Against Women Act into law.  Thanks to the hard work – and fierce advocacy – of many of the people in this room, this reauthorization included tribal jurisdiction provisions to help tribal authorities combat violence against Native women – whether the perpetrators are Indian or non-Indian.  Those provisions were drafted and publicly proposed by the Justice Department, but they never could have become law without your staunch and strenuous support.  For that, I applaud you.  As the President noted, VAWA 2013 represented a historic step forward for tribal sovereignty and jurisdiction.  And all of us will keep moving forward together.

In August, I announced that – on the recommendation of the National Task Force on Children Exposed to Violence – the Department has launched a brand-new Task Force dedicated to addressing the unique challenges faced by children in Indian Country.  Since then, the Task Force’s working group of federal officials has made real progress in improving educational and programmatic services in youth detention facilities in Indian Country.  And today, I am pleased to announce that I have selected the Advisory Committee members who will help lead this new Task Force – including its distinguished co-chairs, former U.S. Senator Byron Dorgan and Grammy-winner, and member of the Iroquois Nation, Joanne Shenandoah, both of whom are here with us today. Preparations are currently underway for the Advisory Committee’s first public hearing, which will be held on December 9th in Bismarck, North Dakota.  As the Task Force moves ahead, they’ll continue to work closely with a range of federal leaders to support and strengthen the work you are leading throughout tribal lands.

As a result of these partnerships – and the efforts of everyone here – our nation is poised to open a new era in our government-to-government relationships with sovereign tribes.  Fifty years after Robert Kennedy stood before a similar group of leaders, I have the great honor to join you in pledging to take this work to a new level.  And I am proud to announce today that the Justice Department will adopt a new Statement of Principles to guide all of the actions we take in working with federally recognized Indian tribes.

This proposed Statement will codify our determination to serve not as a patron – but as a partner – in fighting crime and enforcing the law in Indian Country.  And it will institutionalize our commitment to Indian tribes – serving as a blueprint for reinforcing relationships, reforming the criminal justice system, and aggressively enforcing federal laws and civil rights protections.

Of course, this Statement of Principles will be meaningful only to the extent that it is crafted in consultation with leaders like you. That’s why we’ll make our draft available – today – on the Justice Department’s website, “justice.gov.”  We’ll share it directly with the leaders of all 566 federally-recognized tribes – so we can gain the benefit of your insights, your expertise, and your goals and aspirations.  Then, and only then, will we be in a position to finalize the Statement and publish it – by early next year – thereby establishing a set of core principles by which we can chart our future course.

Ultimately, however, I realize that our future will be shaped – and our progress determined – not merely by the values that guide us, but by the individual men and women who work to translate these values into action.  Men and women who choose not to accept the world as it is, but fight to make real their vision of the world as it should be.

In order to support this work – and to inspire and cultivate a new generation of public servants to carry it forward – it is also my privilege to announce the creation of a new component of the Attorney General’s Honors Program – known as the Attorney General’s Indian Country Fellowship.

As some of you may know, I first joined the Justice Department – more than 35 years ago – as a young attorney in this same Honors Program. Throughout my career, I’ve seen just how important, and effective, it can be when it comes to attracting skilled lawyers to careers in public service – and developing leaders at every level of the Justice Department.

Under our new Indian Country Fellowship, highly-qualified law school graduates will have the chance to spend three years working on Indian Country cases – primarily in U.S. Attorneys’ Offices, but also with opportunities to be detailed to the offices of tribal prosecutors.  This will create a new pipeline of legal talent with expertise and deep experience in federal Indian law, tribal law, and Indian Country issues.  And it will help to build capacity, combat violent crime, and bolster public safety in each of the jurisdictions represented here.

This, after all, is our chief obligation: not to deny our past, but to rise above it.  Not to minimize our tumultuous history, but to write a new chapter. Not to accept a reality that’s short of the ideal we envision, and the justice our citizens deserve – but to stand together, and speak with one voice, in order to bring about the changes we seek.

As I look around this room today – at so many passionate leaders and dedicated advocates from across the country – I can’t help but feel confident in our ability to do just that.  To fulfill the commitments we’ve made.  To ensure that good words are backed up by good deeds.  And, above all, to keep moving forward together – in common cause, with mutual respect, and with shared purpose.

I am grateful, and humbled, to count you not merely as colleagues – but as essential partners – in the considerable work that lies ahead.  I will always be proud to stand with you, and fight alongside you, in the struggle for tribal sovereignty, self-government, self-determination, civil rights, and equal justice. And I look forward to all that we will do – and achieve – in the months and years to come.  This is my pledge.  This must be our common endeavor.

Thank you.

ATTORNEY GENERAL HOLDER'S STATEMENT ON COURT DECISION IN FISHER V. UNIVERSITY OF TEXAS

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, June 24, 2013
Statement of Attorney General Eric Holder on the Supreme Court Decision in Fisher V. University of Texas
Attorney General Eric Holder today issued the following statement regarding the Supreme Court’s decision in Fisher v. University of Texas.


"I am pleased that the Supreme Court has followed longstanding precedent that recognizes the compelling governmental interest in ensuring diversity in higher education. The educational benefits of diversity are critically important to the future of this nation. As the Court has repeatedly recognized, diverse student enrollment promotes understanding, helps to break down racial stereotypes, enables students to better understand people of different races, and prepares all students to succeed in, and eventually lead, an increasingly diverse workforce and society. Business leaders have long emphasized the importance of a qualified, diverse workforce to their success in a global economy. And the federal government, in particular, has a vital interest in drawing its personnel, including its military leaders, from a well-qualified and diverse pool of university graduates of all backgrounds who have the perspective and understanding necessary to govern and defend this great country.

"The University of Texas’s implementation of its admissions program will now be reevaluated by the lower courts. The Department is committed to working with colleges and universities around the country to find ways to promote educational diversity that are consistent with the law."

JUSTICE DEPARTMENT SAYS BIN LADEN ASSOCIATE ARRESTED FOR CONSPIRING TO MURDER AMERICANS

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, March 7, 2013
Sulaiman Abu Ghayth, Associate of Usama Bin Laden, Arrested for Conspiring to Kill Americans

"Abu Ghayth" Allegedly Appeared with Usama Bin Laden and Ayman Al-Zawahiri After September 11, 2001, Threatening Additional Attacks Against the United States

Sulaiman Abu Ghayth, aka "Suleiman Abu Gayth", a former associate of Usama Bin Laden, has been arrested and charged in an indictment unsealed today in New York City with conspiracy to kill U.S. nationals, announced Attorney General Eric Holder, Assistant Attorney General for National Security Lisa Monaco, U.S. Attorney for the Southern District of New York Preet Bharara, the Assistant Director-in-Charge of the FBI’s New York Field Office George Venizelos, and the Police Commissioner of the City of New York (NYPD) Raymond W. Kelly. Abu Ghayth is expected to be presented and arraigned tomorrow, March 8, 2013, at 10:00 a.m. before U.S. District Judge Lewis A. Kaplan.


"No amount of distance or time will weaken our resolve to bring America's enemies to justice," said Attorney General Holder. "To violent extremists who threaten the American people and seek to undermine our way of life, this arrest sends an unmistakable message: There is no corner of the world where you can escape from justice because we will do everything in our power to hold you accountable to the fullest extent of the law."


"The arrest of Abu Ghayth is an important milestone in our ongoing counterterrorism efforts. I applaud the many agents, analysts and prosecutors responsible for bringing about this significant case and arrest," said Assistant Attorney General Monaco.


"It has been 13 years since Abu Ghayth allegedly worked alongside Usama Bin Laden in his campaign of terror, and 13 years since he allegedly took to the public airwaves, exhorting others to embrace al Qaeda’s cause and warning of more terrorist attacks like the mass murder of 9/11," said U.S. Attorney Bharara. "The memory of those attacks is indelibly etched on the American psyche, and today’s action is the latest example of our commitment to capturing and punishing enemies of the United States, no matter how long it takes."


"Sulaiman Abu Ghayth held a key position in al Qaeda, comparable to the consigliere in a mob family or propaganda minister in a totalitarian regime," said FBI Assistant Director-in-Charge Venizelos. "He used his position to persuade others to swear loyalty to al Qaeda’s murderous cause. He used his position to threaten the United States and incite its enemies. His apprehension is another important step in the campaign to limit the reach of al Qaeda and enhance our national and international security."

"While New York City must remain vigilant to continued terrorist threats against it, Abu Ghayth's apprehension and prosecution promises to close another chapter in al Qaeda's notoriously violent history of killing Americans," said NYPD Commissioner Kelly. "This case also represents another success in the ongoing partnership between Federal agents and NYPD detectives through the JTTF."

As alleged in the superseding indictment that has been filed against Abu Ghayth in federal court:

Since around 1989, al Qaeda has been an international terrorist organization, dedicated to opposing non-Islamic governments with force and violence. Usama Bin Laden served as the leader or "emir" of al Qaeda until his death on or about May 2, 2011. Members of al Qaeda typically have pledged an oath of allegiance, called bayat, to Bin Laden and to al Qaeda.

The core purpose of al Qaeda, as stated by Bin Laden and other leaders, is to support violent attacks against property and nationals, both military and civilian, of the United States and other countries. Between 1989 and 2001, al Qaeda established training camps, guest houses, and business operations in Afghanistan, Pakistan, and other countries for the purpose of training and supporting its agenda of violence and murder. Members and associates of al Qaeda have executed a number of terrorist attacks, all in furtherance of the organization’s stated conspiracy to kill Americans, including the attacks on the United States on September 11, 2001 in New York, Virginia, and Pennsylvania, which killed approximately 2,976 people.

From at least May 2001 up to around 2002, Abu Ghayth served alongside Usama Bin Laden, appearing with Bin Laden and his then-deputy Ayman al-Zawahiri, speaking on behalf of the terrorist organization and in support of its mission, and warning that attacks similar to those of September 11, 2001 would continue.

In particular, around May 2001, Abu Ghayth urged individuals at a guest house in Kandahar, Afghanistan, to swear bayat to Bin Laden. On the evening of Sept. 11, 2001, after the terrorist attacks on the United States, Bin Laden summoned Abu Gayth and asked for his assistance and he agreed to provide it. On the morning of Sept. 12, 2001, Abu Ghayth, appeared with Bin Laden and Zawahiri, and spoke on behalf of al Qaeda, warning the United States and its allies that "[a] great army is gathering against you" and called upon "the nation of Islam" to do battle against "the Jews, the Christians and the Americans." Also, after the September 11, 2001 terrorist attacks, Abu Ghayth delivered a speech in which he addressed the then-U.S. Secretary of State and warned that "the storms shall not stop, especially the Airplanes Storm," and advised Muslims, children, and opponents of the United States "not to board any aircraft and not to live in high rises."

Abu Gayth arranged to be, and was, successfully smuggled from Afghanistan into Iran in 2002.

The indictment charges Abu Ghayth with participating in a conspiracy to kill United States nationals. The offense carries a maximum term of imprisonment of life. No trial date has yet been set in the case.

The charges and arrest of Abu Ghayth are the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the Joint Terrorism Task Force – which principally consists of agents and detectives of the FBI and the New York City Police Department – the United States Marshals Service and the National Security Division of the U.S. Department of Justice. The Justice Department’s Office of International Affairs and the U.S. Department of State also provided assistance.

The prosecution is being handled by Assistant United States Attorneys John P. Cronan and Michael Ferrara of the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York, with assistance from Trial Attorney Jolie Zimmerman of the National Security Division’s Counterterrorism Section.

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

ATTORNERY GENERAL HOLDER SPEAKS AT EDMUND PETTUS BRIDGE CROSSING IN SELMA, ALABAMA

FROM:  U.S. DEPARTMENT OF JUSTICE
Attorney General Eric Holder Speaks at the Edmund Pettus Bridge Crossing Jubilee
Selma, Ala. ~ Sunday, March 3, 2013

Thank you – and thank you all for being here today. It’s an honor for Sharon and me to join so many friends, colleagues, and national civil rights leaders for this important celebration. And it’s a pleasure to be back in Selma today.

Each year, with the crossing of the Edmund Pettus Bridge, we commemorate the transformative events of nearly half a century ago. We honor generations of heroes – those brave men and women, seemingly ordinary but all extraordinary – who throughout history have risked, and too often given, their lives in order that others might live free. And we rededicate ourselves to the ongoing struggle – for equal rights, equal opportunity, and equal justice – that must continue to be our shared priority and our common cause.

My wife, Sharon, and I are proud to have a family connection to the Civil Rights Movement here in Alabama. 50 years ago this June – with Justice Department officials at their sides – two brave young students stepped past Governor George Wallace to integrate the University of Alabama. Sharon’s sister, Vivian Malone, was one of those brave students. And, although Vivian passed away a few years ago – far too soon – I know she’s here with us in spirit today.

Like all in this crowd who are old enough to remember the 1960s – when the Civil Rights Movement was at its height, and, never let it be forgotten, progress was anything but assured – I will always remember those turbulent days. It was a time of great uncertainty, when racial discrimination was institutionalized and segregation was the law of the land. It was a period of difficulty and danger for those who stood up – and spoke out – against an unjust, entrenched status quo.

But it was also a moment of hope, and significant promise, for legions of activists who kept faith in America’s ability to live up to its founding ideals – and who drew strength from the power of our legal system to serve as a strong, deft instrument of positive change. Though they could not have imagined it, it is the work of those brave activists that made the election of Barack Obama possible, that made the possibility of a black Attorney General real.

At its core, this is the struggle exemplified in the moment we remember today, when – in the first days of March, 1965, hundreds of peaceful activists, protesting to secure the right to vote, set out from Selma along the road to Montgomery. Alongside a young man named John Lewis – and a range of ordinary citizens and civil rights leaders – they made it as far as the bridge we’ll be crossing in just a short time. But there, they were met with terrible violence at the hands of state and local law enforcement, and dozens were hospitalized.

Fortunately, this dark incident failed to discourage those who rallied across the country for equal opportunity and equal rights. In fact, it provoked outrage throughout Alabama and around the world.

In the following days and weeks, as legal battles raged and protesters organized, thousands came to Selma to complete this march. And what became known as "Bloody Sunday" not only steeled the resolve of America’s civil rights leaders – it compelled our national policymakers to take action.

With the passage of the landmark Voting Rights Act of 1965, Congress and President Johnson finally created a robust safeguard for preventing discrimination and disenfranchisement in our elections – and provided a set of important tools which remain not only effective, but essential, even today.

For our nation’s Department of Justice, the fair and vigorous enforcement of this and other vital protections – and their defense against all Constitutional challenges – constitutes a top priority. Let me be clear: although our nation has indeed changed, although the South is far different now, and although progress has indeed been made, we are not yet at the point where the most vital part of the Voting Rights Act can be deemed unnecessary. The struggle for voting rights for all Americans must continue – and it will.

More broadly, the preservation of the progress we’ve gathered to celebrate represents a charge that has been entrusted to each of us, and a promise that tomorrow’s leaders – all of you – must strive to fulfill. It animates my efforts – and those of my colleagues at every level of the Justice Department – to safeguard the rights that so many have fought and died to secure.

We can all be proud of the track record that’s been established – and the results we’ve obtained – over the last few years. But as the history we commemorate proves, the Justice Department cannot do it alone.

So today – as we observe this milestone, and honor the sacrifices of those who were prevented from crossing this bridge half a century ago – let us also pledge our own commitment to continuing the work that remains unfinished. Let us challenge one another – and our nation – to aim higher, and to carry forward the fundamental ideals upon which this country was founded.

This is our solemn obligation. This is our unique opportunity. And this afternoon, in the moment of remembrance before us – as we reflect on our past, and consider how far we’ve come in the days since Bloody Sunday – I cannot help but feel optimistic about the country – and the world – that, together, we will imagine; plan for; and surely help to create.

Thank you.

U.S. ATTORNEY GENERAL HOLDER'S STATEMENT ON "OPERATION FAST AND FURIOUS" REPORT

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, September 19, 2012
Statement by Attorney General Eric Holder on the Office of the Inspector General’s Report on Operation Fast and Furious

Attorney General Eric Holder released the following statement today on the Department of Justice’s Office of the Inspector General’s report on Operation Fast and Furious:

"I have reviewed the Office of the Inspector General’s report on Operation Fast and Furious and the key conclusions are consistent with what I, and other Justice Department officials, have said for many months now:

The inappropriate strategy and tactics employed were field-driven and date back to 2006;

The leadership of the Department did not know about or authorize the use of the flawed strategy and tactics; and The Department’s leadership did not attempt to cover up information or mislead Congress about it.

"Beginning in 2011 - shortly after public concerns were first raised about Operation Fast and Furious – I referred this matter to the Office of the Inspector General (OIG). Throughout the next several months, I instituted significant policy reforms, stronger internal controls and made key personnel changes to prevent the flaws that plagued this investigation, as well as the earlier investigation, Operation Wide Receiver, from recurring. I’m pleased that the OIG report appropriately recognizes these reforms.

"Based upon the information in the OIG report and other related information, I am also announcing additional personnel changes today.

"First, Kenneth Melson, the former Acting Director at ATF, has retired from the Department, effective immediately. Ken has served the Department in several important roles for over thirty years, including as a United States Attorney for the Eastern District of Virginia and more recently as an advisor on forensic science issues. I want to thank him for his dedication and service to the Department over the last three decades.

"Second, those individuals within ATF and the U.S. Attorney's Office for the District of Arizona, whom the OIG report found to have been responsible for designing, implementing or supervising Operation Fast and Furious have been referred to the appropriate entities for review and consideration of potential personnel actions. Consistent with the requirements of the Privacy Act, the Department is prohibited from revealing any additional information about these referrals at this time.

"Finally, I have accepted the resignation of Deputy Assistant Attorney General Jason Weinstein, a longtime career prosecutor who most recently served in the Criminal Division where he led our violent and organized crime, computer crimes and intellectual property enforcement efforts. Jason has dedicated much of his career to fighting violent crime and has led highly successful efforts around the country in this effort. The American people are safer because of his work. His commitment to the Department has been unwavering, and I deeply appreciate his 15 years of distinguished service here at Main Justice as well as in Baltimore and New York.

"It is unfortunate that some were so quick to make baseless accusations before they possessed the facts about these operations – accusations that turned out to be without foundation and that have caused a great deal of unnecessary harm and confusion. I hope today’s report acts as a reminder of the dangers of adopting as fact unsubstantiated conclusions before an investigation of the circumstances is completed.

"I want to assure the American people that I, and my colleagues at the Department, will continue to focus on our mission of protecting their rights and their security, and doing so in a manner that is consistent with the high standards of the Department of Justice. This includes continuing to seek justice on behalf of Agent Brian Terry and his loved ones.

"The FBI and the United States Attorney from the Southern District of California have been working for many months with Mexican authorities to identify and apprehend the fugitives involved in the murder of Agent Terry, who made the ultimate sacrifice in serving his country. We now have two men in custody and we will continue to aggressively pursue the remaining fugitives to ensure justice for Agent Terry, his family and his fellow law enforcement agents who put their lives on the line each day to keep this country safe."

U.S-DOMINICAN REPUBLIC SIGN AGREEMENT ON SHARING IN CRIMINAL FORFEITURES

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, April 19, 2012
U.S. Attorney General Holder and Dominican Prosecutor General Jiménez Pena Sign Permanent Agreement to Share Forfeited Assets
Attorney General Eric Holder and Dominican Prosecutor General Radhamés Jiménez Peña met today in Washington, D.C., to sign a permanent agreement to share forfeited assets between the governments of the United States and the Dominican Republic. The permanent sharing agreement acknowledges the consistent forfeiture-related cooperation that United States authorities have received from the Dominican Republic and creates a more efficient process for sharing assets with the Dominican Republic.

“The steady stream of forfeiture cooperation we receive from our Dominican law enforcement counterparts has been indispensible to our efforts to recover millions of dollars in criminal assets located abroad,” Attorney General Holder said.    “In a world where criminals increasingly operate across borders, strengthening international partnerships is critical. Today’s agreement will serve as a highly beneficial and useful tool for asset sharing in the future.”

The permanent agreement requires the United States and the Dominican Republic to return all fraud and theft proceeds for purposes of making victims whole.   It also streamlines the asset sharing process by eliminating the need for individual agreements each time assets are shared in recognition of forfeiture assistance provided by the Dominican authorities.   In addition, the agreement is reciprocal, allowing for Dominican sharing with the United States.

Assets shared under the agreement must be used by the recipient country in accordance with domestic laws governing the use of forfeited assets.   Dominican law provides that forfeited assets be disbursed to the Office of the Prosecutor General; the National Drug Council; the National Counter Drug Directorate; the National Police; and non-government organizations engaged in efforts to prevent drug abuse.

To date, the Department of Justice has shared a total of $8.67 million in forfeited assets with Dominican authorities on four prior occasions since 2002.   This includes a case-specific sharing agreement that was signed on Nov. 14, 2011, to share approximately $7.5 million in forfeited assets with the Dominican Office of the Prosecutor General.   The November 2011 agreement represents approximately 20 percent of the estimated $37.5 million in forfeited assets located in the Dominican Republic that stem from a conspiracy led by brothers Carlos, Luis and Jose Benitez, who allegedly defrauded the U.S. Medicare program of approximately $80 million.

The permanent agreement was negotiated on behalf of the United States by the Asset Forfeiture and Money Laundering Section’s International Unit in the Justice
Department’s Criminal Division and the Office of International Affairs in the Justice Department’s Criminal Division, in cooperation with the FBI’s Attaché in the Dominican Republic and the Department of State.