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National Police Week: Honoring Our Public Safety Officers through Increased Support and Safety
May 14th, 2012 Posted by

The following post appears courtesy of Mary Lou Leary, Acting Assistant Attorney General for the Office of Justice Programs

 This week, we honor those officers who have made the ultimate sacrifice during National Police Week. We are reminded that last year was one of the deadliest years for law enforcement in recent memory.  According to the National Law Enforcement Officers Memorial Fund, 177 officers died in the line of duty. For the first time ever, firearms were the leading cause of death, outpacing traffic-related deaths.  In the face of these troubling statistics, the Department of Justice is working vigorously to enhance tools, resources, and services available to the field in an effort to improve officer health and safety.

As an example, the Attorney General’s VALOR Initiative – Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability – administered by the Bureau of Justice Assistance provides critical training to help officers identify and prevent potentially deadly encounters, or survive them when not preventable.   VALOR also offers a variety of resources to law enforcement, including technical assistance and Web resources on emerging threats.  More than 3,600 law enforcement professionals have received VALOR training in twenty sessions across the country.

Department of Justice funding also helps state, local and tribal jurisdictions procure protective body armor for their sworn law enforcement officers.  Last year, the lives of at least 29 law enforcement and corrections officers were saved by bullet- and stab-resistant vests.  Seventeen were wearing protective vests purchased, in part, with funds provided through BJA’s Bulletproof Vest Partnership (BVP) Program.  In 2011, the program awarded more than $24 million to nearly 5,000 jurisdictions across the U.S. to be used toward the purchase of more than 188,000 protective vests.  OJP’s National Institute of Justice – the department’s research and development arm – supports standards and testing to help ensure protective equipment meets the highest industry standards. 

If tragedy does strike, we provide support to officers’ families, friends and departments.  The Public Safety Officers Benefit Program provides death and education benefits to survivors of fallen law enforcement officers, firefighters, and other first responders and public safety officers, and disability benefits to officers catastrophically injured in the line of duty. 

As a reflection of the alarming increase in officer fatalities, 2011 marked the second highest year for new death cases since the law was enacted in 1976 – second only to the cases filed in the wake of the 9/11 terrorist attacks.  We are striving to better serve survivors. 

We are strengthening partnerships with organizations such as the Concerns of Police Survivors, the Officer Down Memorial Page, and the National Fallen Firefighters Foundation to help us conduct proactive outreach nationwide to increase awareness of PSOB programs and provide technical assistance on filing thorough claims so grieving families and catastrophically injured officers receive the benefits they so greatly deserve.  We are also taking a hard look at the PSOB claims administration process in an effort to improve timeliness and transparency, and to ensure officers and their families receive the assistance due to them under the law.

During National Police Week and the weeks that follow, we are committed to supporting all those who are dedicated to protecting our nation’s citizens, their families and their communities.

Additional information on our Officer Safety Initiatives is available at www.ojp.gov. Learn more about National Police Week at policeweek.org

 

 

A Commitment to Language Access
May 8th, 2012 Posted by

Success of the Department’s mission depends on accurate communication with members of the public, regardless of their level of English proficiency.

The Justice Department released revised policies that will enhance the ability to communicate effectively with limited English proficient (LEP) individuals.  The release of the revised Departmental Language Access Plan is the latest in a series of steps taken to recommit the department to the language access principles of Executive Order 13166

Over the last sixteen months, the Civil Rights Division and the Justice Management Division led an internal Language Access Working Group focused on identifying and overcoming language barriers in department programs and activities.  The working group, consisting of representatives from each department component, was tasked by Attorney General Holder to create and implement language access plans for each component, including a department-wide plan. 

The Federal Coordination and Compliance Section of the Civil Rights Division, which is charged with government-wide enforcement of Executive Order 13166, assisted each component with assessing its ability to provide meaningful access to LEP individuals and drafted policies and plans to enhance their ability to communicate effectively with LEP individuals.  In fact, thirty-one department agencies have created language access plans or policy statements.

Many of these language access plans and documents will be posted online in the coming weeks.

Thomas E. Perez, Assistant Attorney General for the Civil Rights Division noted the department’s progress:

“The department’s language access plan is a big step towards ensuring equal access to all individuals. We welcome feedback and will continue to engage the LEP community and other stakeholders to help ensure that the policies are implemented in a manner consistent with department principles.”

Lee Lofthus, the Assistant Attorney General for Administration also commented on the language access plans:

 “I am pleased with the progress we’ve made in our ability to work more effectively with the LEP community. We will continue to look for efficient and effective ways to enhance our efforts in this important area.”

Feedback will inform the working group and individual components as they establish protocols and procedures to implement the department plans. Please submit your comments to DOJLAWG@usdoj.gov .

The department will continue to support cost-saving or cost-sharing initiatives aimed at maximizing Department resources.  We believe that the key to overcoming language barriers is finding practical and cost-effective systems to deliver high-quality language assistance services.

For more information, or to view the department’s language access plans, visit: http://www.justice.gov/open/language-access.html

Protect Yourself from Mortgage Fraud
May 7th, 2012 Posted by

The following post appears courtesy of the Civil Division’s Consumer Protection Branch.

The distressed condition of the national housing market, paired with high unemployment, has created a fertile environment for unscrupulous fraudsters seeking to take advantage of desperate homeowners.  Many homeowners who turn to loan modification or foreclosure “rescue” companies for help ultimately find that they have been scammed.  An emerging trend in recent months involves mortgage assistance relief scams.  These scams target homeowners with promises to save them from foreclosure, get them a reverse mortgage, or lower their mortgage payments—in exchange for an advance or monthly fee.  Sadly, many of these homeowners never get the relief they have been promised. 

These scams use a variety of simple tactics to identify their financially-distressed victims.  Some scammers locate distressed borrowers from published foreclosure notices or other publicly-available sources; while others rely on mass-marketing techniques such as flyers, radio, television and Internet advertising to lure in distressed borrowers.  Still others deceptively suggest an affiliation with a government agency to quickly earn the trust of unwitting victims.        

Because this fraud is so insidious, and preys on individuals who are at their most vulnerable point, the Consumer Protection Branch in the Justice Department’s Civil Division is committed to prosecuting these criminals and bringing justice to their victims.  But individuals are really on the front line in the battle against mortgage fraud.  Information is power, and you can protect yourself from mortgage fraud by keeping the following tips in mind:

  • Be wary of those that contact you through advertising such as flyers, radio/television or the Internet with promises to modify the terms of your mortgage; if their promises seem too good to be true, they usually are.
  • Be suspicious of loan modification services that require signing a contract or paying an up-front or monthly fee.  Advance fees are generally prohibited by law.  Loan counseling and modification services are generally provided free from your lender and/or a Department of Housing and Urban Development (HUD) counseling center.  Contact HUD’s toll-free 24 hour hotline at 888-995-HOPE (4673) to immediately speak to an expert advisor in more than 160 languages. 
  • Never transfer title of your property, make mortgage payments to someone other than your lender, or stop making mortgage payments altogether — these are guaranteed ways to put your financial investment at risk.
  • Carefully inspect the names, seals, logos and representations made by mortgage rescue companies.  They may be deliberately designed to deceive borrowers into believing an affiliation with a government agency exists.  The purpose of this is to trick borrowers into believing they are entitled to the benefit of a government program rather than committing to a loan that must be repaid.  A government agency will never require advance fees, or guarantee a specific result. 
  • Some scammers pushing reverse mortgage loans are in fact trying to unload other financial products on borrowers.  Be careful to avoid brokers that want you to obtain a loan in order to buy other products such as long-term care insurance, annuities, or other investments.

And, if you believe you may have been the victim of mortgage fraud, visit www.Stopfraud.gov for more information.

POSTED IN: Civil Division  |  PERMALINK
Public Service Careers and Student Loan Debt: What You Should Know
May 7th, 2012 Posted by

The rising cost of tuition and burden of repaying mortgage-sized student loan debt prevents many lawyers from pursuing public service careers.  Student loan debt is consistently cited as the overwhelming reason why attorneys decline or leave positions as prosecutors and public defenders.  Fortunately, a range of federal and other loan repayment assistance programs (LRAPs) are in place to address the problem. 

Acknowledging the need to recruit and retain lawyers who ensure the integrity of our criminal justice system, Congress enacted the John R. Justice Prosecutors and Defenders Incentive Act to encourage qualified attorneys to choose and continue in careers as prosecutors and public defenders. The John R. Justice Program (JRJ) provides loan repayment assistance for state and federal public defenders and state prosecutors who agree to remain employed as public defenders and prosecutors for at least three years.    

In its recently released FY 2012 JRJ Program Application Guidance, the Bureau of Justice Assistance (BJA) chose to leverage its limited funds by encouraging agencies administering the John R. Justice Grant Program to publicize other loan repayment opportunities, including the federal Income-Based Repayment  and Public Service Loan Forgiveness programs.

Income-based repayment programs allow borrowers to make payments based on a percentage of their income, resulting in lower payments than would otherwise be required.  Public Service Loan Forgiveness offers federal student loan forgiveness after ten years of public service employment, including as a prosecutor or public defender.  Over 100 law schools and more than 20 states offer LRAPs with loan repayment aid for graduates who take low-paying jobs. 

Many people burdened with significant educational debt do not know that they might qualify these programs. Raising awareness of alternative funding sources allows administering agencies to stretch grant dollars further in pursuit of the program’s primary goals: recruiting and retaining qualified prosecutors and public defenders.

This is also an essential step to raise awareness of the complexities of student loan repayment decisions and debt relief programs, and try to ensure that JRJ applicants and beneficiaries are making the best choices given their unique circumstances.

For example, borrowers should make certain that JRJ loan repayment assistance will not adversely affect the loan repayment opportunities offered by other programs.  For this reason, JRJ applicants and beneficiaries are strongly encouraged to consult with the U.S. Department of Education and resources provided below – as well as relevant law school or state program policies — to learn how receipt of grant benefits may affect awards.

The new BJA Application Guidance language echoes President Obama’s commitment to helping graduates repay their educational loans. Announced in October 2011, President Obama’s accelerated “pay as you earn” program makes IBR improvements previously scheduled to take effect in 2014 available to some borrowers as soon as 2012. It is estimated the more favorable terms will enable up to 1.6 million borrowers to have more manageable loan payments. 

 To learn more about the John R. Justice Grant Program and other student-loan repayment assistance opportunities, visit: Information on Income Based Repayment from the Department of Education  | Information on Public Service Loan Forgiveness from the Department of Education. |Consumer Financial Protection Bureau’s Student Debt Repayment Assistant | Law School Loan Repayment Assistance Programs from Equal Justice Works | List of State-Based Loan Repayment Assistance Programs  

For more information on the U.S. Department of Justice Access to Justice Initiative, visit: www.justice.gov/atj.

One Year in Indian Country
April 27th, 2012 Posted by
From left Deputy Attorney General Cole, Assistant U.S. Attorney Gary Delorme, and U.S. Attorney Tim Purdon at the recreated Mandan Village at the Fort Abraham Lincoln State Park on the road between Standing Rock and Bismarck, N.D.

From left Deputy Attorney General Cole, Assistant U.S. Attorney Gary Delorme, and U.S. Attorney Tim Purdon at the recreated Mandan Village at the Fort Abraham Lincoln State Park on the road between Standing Rock and Bismarck, N.D.

The following post appears courtesy of Tim Purdon, U.S. Attorney for the District of North Dakota.

This week we were honored to have the Deputy Attorney General of the United States, Jim Cole, visit the District of North Dakota on a singular mission: to meet with tribal leaders, tribal youth, and all of our law enforcement partners to discuss what we can all do as partners to strengthen public safety in Indian country. This mission is a top priority of the Department of Justice and a clear mandate from Attorney General Holder, who has committed each U.S. Attorney District with Indian country jurisdiction to develop an operational plan and to meet annually with tribal leaders to find ways to reduce violent crime.

Here in North Dakota we are seeing dramatic changes that raise both hope and concern.  At the U.S. Attorney’s Office, since 2009 I have dedicated more prosecutors to this mission, resulting in a 78 percent rise in cases.  We have cross-commissioned a tribal prosecutor who can stand shoulder to shoulder with Assistant US Attorneys from my office to bring cases in federal court. We are working closer than ever with the Bureau of Indian Affairs and the FBI.

We have also started a unique anti-violence strategy at the Standing Rock Reservation by engaging with students to encourage positive behaviors and wise life choices.

On Wednesday, Deputy Attorney General Cole visited with many of these students at Standing Rock Community High School. These remarkable youth not only asked smart and tough questions. They showed great concern and awareness of some of the issues facing their communities, and also a startling hope for their own futures and the future of their community.

We also met with tribal leaders, judges, prosecutors, public defenders and police, who showed a living example of a criminal justice system that is doing its absolute best to keep a community safe and pursue justice for victims. 

On Thursday, the Deputy Attorney General Cole gave remarks to tribal leaders and law enforcement from across North Dakota at the 2nd annual U.S. Attorney’s Tribal Consultation Conference, held at the United Tribes Technical College in Bismarck. At this conference, a direct result of the Attorney General’s focused attention on crime in American Indian communities, we are marking another year of progress in Indian country, evaluating where we stand and plotting the path we will take into the future.

In his remarks, Deputy Attorney General Cole said:

“In the three years since the beginning of the Department’s initiative, we have used what we learned from tribal leaders to develop goals and priorities, and we have sought to ensure that all our efforts are guided by respect for tribal sovereignty and Indian self-determination, engagement on a government-to-government basis, and coordination and cooperation with tribal governments.  We have worked hard to improve tribal public safety, enhance tribes’ ability to receive federal support, and strengthen coordination and collaboration with our tribal law enforcement partners.”

I am proud of the progress we have made over the past year in Indian country and am more excited than ever about what is possible when we work together, when we engage tribal youth to make good choices, when we work together to protect women and girls from what Attorney General Holder has called an unacceptable status quo of sexual and domestic violence. I am proud and today I can also say I am extremely hopeful about the future because we are starting to see a tangible impact from our efforts.

 View a gallery of photos from Deputy Attorney General James Cole’s trip to Standing Rock Reservation.

Competition, Innovation and Intellectual Property
April 26th, 2012 Posted by

The following post appears courtesy of the Antitrust Division.

Today the Department of Justice’s Antitrust Division is recognizing the 12th annual World Intellectual Property Day. The Antitrust Division recognizes the vital role innovation and intellectual property play in our economy. Innovation drives economic growth, creates jobs, and enhances American competitiveness in a global economy. Innovation benefits American consumers because it leads to new and enhanced products and services.

The successful promotion of innovation and creativity requires a both competitive markets and strong intellectual property rights. To reward those that make investments and take risks to innovate, strong intellectual property rights protect their inventions and ideas from unauthorized infringement. Antitrust enforcement, however, remains critical to ensure that intellectual property rights are not abused to limit competition. Competitive pressures force companies to continue innovating and creating additional intellectual property.

During a speech earlier this week at the Brookings Institution, Acting Assistant Attorney General Sharis A. Pozen spoke about a recent set of patent acquisitions that highlight the important intersection between intellectual property rights and competition law:

“These issues were central to our investigations of Google’s acquisition of Motorola Mobility; Apple’s, Microsoft’s and Research in Motion’s acquisition of certain Nortel Network patents; and the acquisition by Apple of certain Novell patents. In each of these investigations, the division took a hard look at the potential ability and incentives of the acquiring companies to use the patents they were seeking to illegally foreclose competition.

We especially were concerned about certain ‘standard essential patents’ (SEPs) that Motorola and Nortel had pledged to license to industry participants as part of their participation in standard setting organizations. We analyzed whether the purchasing companies could use these SEPs to raise rivals’ costs or otherwise foreclose competition. During our investigation, a number of the companies involved—including Apple, Google and Microsoft—made commitments regarding their proposed SEP licensing policies.

The division ultimately concluded that none of the transactions was likely to substantially lessen competition in any relevant market and it announced its closure of these investigations in February 2012.”

Our efforts to protect competition and ensure innovators obtain intellectual property protections are ongoing. We continue to review mergers and monitor the use of intellectual property rights in industries that effect consumers to ensure that the right balance is achieved between competition law and intellectual property law.

POSTED IN: Antitrust Division  |  PERMALINK
 
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