Issue No. 36
The EAGLE
A Newsletter Published by the U.S. Attorney’s Office, District of Minnesota
Spring, 2011
Inside this
Edition Identity Theft
On March 9, 2011, the United States constitutes a violation of federal law or
Identity Theft Attorney’s Office for the District of is a felony under state or local law. The
Page 1 Minnesota charged twelve people with crime that is furthered by the identity
orchestrating a $10 million bank fraud theft must also be proven. Depending
U.S. Attorney’s conspiracy. The conspiracy operated on the particular facts pled and proven,
Column nationwide for five years and involved federal law calls for maximum penalties
Page 1 a network of bank employees and of five to 30 years in prison.
others. Through that network, stolen
In addition, Congress enumerated
Tips for Thriving in identification information was bought
certain felonies, which, if facilitated
From the Desk of…
Tough Times and sold, and then network participants B. Todd Jones
used that information to acquire by the transfer, possession, or use
Page 2 of stolen identification, can result in United States Attorney
counterfeit identification, which they
employed to open enhanced penalties. In such cases, In the last issue of The
Project Exile federal prosecutors
Page 4 fraudulent bank and EAGLE, we highlighted the
credit card accounts, may charge prescription drug abuse
apply for loans, and defendants under problem facing the nation.
Indian Country the Aggravated
News obtain cash. During According to the 2009
this time period, one Identity Theft National Survey on Drug Use
Page 6 Statute, which
defendant possessed, and Health, more Americans
stored, and trafficked provides for a currently abuse prescription
ICE mandatory
Page 8 the identification drugs than those who abuse
documents of more minimum sentence cocaine, hallucinogens, and
than 7,000 people, intending to use of two years in federal prison to be heroin combined. Studies also
Health Care Fraud served consecutive to any other
Page 9 those documents to commit fraud. indicate that a majority of
sentence imposed. abused prescription drugs are
This case, one of the largest of its kind obtained from family and
Civil Rights in the Midwest, is a reminder of the The decision to prosecute an identity
Page 10 theft crime under federal law is made friends and, not uncommonly,
breadth of damages and amount of home medicine cabinets. Many
havoc inflicted upon victims of identity on a case-by-case basis. Generally,
Crime Victims’ however, cases pursued at the federal of these drugs are nothing
theft. In 2010, an estimated 8.1 million more than the remains of
Rights Americans were victims of identity level are those resulting in a minimum
Page 11 loss of $50,000 and involve numerous expired prescriptions. But to a
theft, causing total losses of $37 billion. teen or adult who is hooked or
Therefore, the U.S. Attorney’s Office victims, criminal conduct across
Upcoming Training multiple states, the use of document in search of quick cash, they
remains committed to prosecuting are “jackpots” of sorts.
Page 12 crimes involving identity theft very or device-making equipment, or
aggressively. suspects with prior convictions for a To address this issue, the Drug
similar offense. Enforcement Administration
The federal identity theft statute (“DEA”) and its partners
prohibits eight types of conduct If you are aware of a case involving
developed a plan for getting
involving the fraudulent creation, identity theft that you believe is
rid of unused medication. The
use, or transfer of identification well suited for federal prosecution,
plan calls for a day when folks
documents and the criminal transfer, call the Minneapolis Federal Bureau
across the nation can drop off
possession, or use of identification of Investigations at 612-376-3200. If
medication at various collec-
information. The most commonly you have general questions regarding
tion sites, knowing it will then
prosecuted provision states that it is the federal prosecution of those cases,
be properly disposed. The first
a federal crime to transfer, possess, contact Assistant United States
National Prescription Drug
or use, without lawful authority, the Attorney Michelle Jones or Joe Dixon,
Take-Back Day was held last
identification of another with the intent at the U.S. Attorney’s Office in
fall. It was an overwhelming
to commit or aid in activity that Minneapolis, at (612) 664-5600.
Continued on Page 11
Page 2
Tips for Thriving in Tough Times
No segment of society was unaffected by the recent economic downturn. While reports suggest better
Potential times ahead, we cannot help but be reminded about the importance of operating organizations at peak
efficiency to ensure survival in difficult times. Below are tips you may find helpful for the promotion of
Funding Sources your organization. The U.S. Attorney’s Office has compiled brochures with more in-depth information
DOJ, Bureau of Justice about each of these topics. These brochures can be found on our website, at www.justice.gov/usao/mn/
publications.html, or a hard copy can be provided upon request.
Assistance (BJA)
www.ojp.usdoj.gov/BJA
Grant Writing
DOJ, Office of Juvenile Tight local budgets make grants more attractive 5. Program Outline—Through this component,
Justice and Delinquency but also more competitive. Therefore, writing a you should describe in detail the methods, action
Prevention (OJJDP) strong grant applications is essential. Most grant plan, and timeline that will be used to address the
www.ojjdp.ncjrs.org applications focus on eight components. Address problem. You should include (a) a description of
those areas effectively, and you will increase your the participants, or stakeholders, in the initiative;
chances of receiving grant awards. The following (b) a plan of action, detailing the work that will
DOJ, Office of Victims tips may help you secure the funding you need. be done through the initiative as well as the
of Crime (OVC) participants responsible for doing that work; (c) a
www.ojp.usdoj.gov/ovc 1. Summary or Abstract—Write this section of time line, outlining the time period during which
the application last even though it is usually found each activity will be completed; (d) a staffing plan,
DOJ, Office of Justice at the beginning of a completed proposal. This explaining how the project is to be staffed; and (e)
component should be comprised of two or three a training agenda, providing information about
Programs (OJP)
statements from each of the other components. how staff members will be trained.
www.ojp.usdoj.gov
2. Applicant Description—Use this section to 6. The Evaluation—This component is used to
establish credibility with the funder. To do so, explain how the objectives will be quantitatively
Other federal grants describe (a) your qualifications to perform the assessed. To accomplish this, the applicant should
www.grants.gov proposed initiative; (b) your success (a) document who will
in operating similar programs in the design and conduct the
past; (c) your suitability for working evaluation; (b) explain the
with those who will benefit from data-gathering methods
the initiative; and (d) your related that will be used, such as
accomplishments in the past. surveys or focus groups;
Support your statements with and (c) describe how the
cited statistical data from reliable data will be analyzed and the
sources. evaluation reports generated.
3. Problem Statement—Through this component, 7. Budget Details—In this section, set forth in
you should (a) identify the problem; (b) describe dollars and cents exactly what the proposed
how a solution would benefit those served by the program will cost during a given period of
grant; (c) document the most likely causes of the time. To accomplish this, address the cost of all
problem; (d) list possible solutions to the activities and staff noted in the Program Outline.
problem;(e) recommend one of those solutions; In grant budgets, personnel costs and non-
(f) explain why that solution would best solve the personnel costs usually are separated.
problem within a reasonable amount of time and
8. Sustainment Plan—Through this component,
for a reasonable amount of money; (g) make a
explain how the proposed program will continue
case for why you should get an opportunity to
to exist after the grant period ends. How will it be
work on the problem; (h) provide research and/or
funded? How will activities get accomplished?
statistics to support the theories offered; and (i)
Funders prefer to support efforts designed to
include quotes from potential beneficiaries of the
continue long after their financial support ceases.
grant.
4. Solution Objectives—In this section, offer the Regardless of the funder or the names or labels
funder specifics, in measurable terms, as to the attached to the various portions of a grant
change that would occur through the proposed application, the eight components outlined above
program. For example, indicate the number of should always be addressed.
people expected to benefit or the percentage of
improvement projected during a certain period For more tips on grant writing, see the Tips for
of time. Be sure to provide a sound basis for your Grant Writing brochure, available on our website.
projections.
Page 3
Community Meetings
Many community groups are created simply to provide a governmental body or a corporate board with
advice. Such groups may operate without becoming independent, legal entities under the law. These
informal community groups lack the power to seek grant money or take legal action on their own. Public Relation
However, they are beneficial in many ways. They can be formed quickly to address specific problems Tips for Groups
and then just as quickly disbanded. In addition, they do not need to fulfill the legal obligations required
of more formal groups, such as creating by-laws or submitting annual reports. The meeting guidelines Because groups often
outlined below are suggestions for informal community groups. depend on the financial
and resource support of
Meeting Notices others, group members
The group leader should send to each committee must learn to promote
member (voting and non-voting), through the their good works. The
U.S. mail, notice of each committee meeting, following tips may be
postmarked at least ten days prior to the meeting helpful in small-group
date. Each packet should include (a) a copy of the
promotional work.
proposed agenda; (b) minutes of the last meeting;
(c) the “to do” list created at the last meeting; • Create a calendar
(d) current financial reports; and (e) all other of your group’s
documents that will be reviewed or discussed at up-coming special
the upcoming meeting. events.
Meetings Committee Membership • Establish a list
All meetings should be recorded. The designated (Non-Voting and Voting) of “community”
minute taker should keep all meeting tapes and reporters from area
Community groups should be inclusive. Thus,
bring them to all meetings until the minutes are newspapers, radio,
after attending just one meeting, people should be
written and approved. considered “new, non-voting committee members.” and television.
At every meeting, the group leader should pass “New committee members” should be allowed to • One week before
around a sign-in sheet, requesting each attendee’s become “voting members” at the beginning of a each special event,
name, address, phone number, e-mail address, and future, agreed-upon meeting, such as the second send an advisory to
company or agency affiliation. This sheet should consecutive meeting they attend. those reporters,
then be used to update the membership directory. briefly describing the
Once people earn the right to vote, they should
At the beginning of every meeting, the ground rules retain that right until they miss a specified number event and providing a
for the meeting should be reviewed; that is, the of consecutive meetings. At that point, they should contact name and
procedures for being recognized to speak, etc. be removed from the membership roster and not phone number.
Next, the group leader should announce the names be sent meeting notices until they again attend a • Follow the advisory
of the people eligible to vote at the meeting. meeting and restart the membership process.
with a phone call to
During each meeting, the group leader should Voting members with a conflict of interest as to a those reporters.
develop a “to do” list, outlining each task that particular issue or situation must excuse themselves
needs to be completed, the name of the person from votes relative to that situation or issue. Failure • After each special
who volunteered to complete it, as well as the to refrain from voting in such a situation should be event, send reporters
anticipated completion date. Review of this list grounds for permanent removal from the group. a news release,
should occur at the end of the meeting as well as All group decisions should be made by a majority detailing the “who,”
at the beginning of the next meeting, so the vote of eligible voters in attendance. Voting by “what,” “when,”
group can stay on track in completing its work. proxy should not be allowed. All votes should be “where,” “why,” and
No committee business should be conducted determined by a hand count or a private ballot. No “how” of the event.
without a quorum. A quorum requires the presence decisions should be made by voice vote.
of a specified number of committee members who While strict meeting rules, such as Roberts Rules of For a sample news release
are eligible to vote. Order, may be appropriate and even mandatory for and other helpful advice,
No meeting should exceed a known, agreed-upon some types of committees or groups, informal see the Community at
length. community groups are often better served without Work manual, available on
them. Many citizens are intimidated by detailed, our website.
Only items noted on the agenda in the “meeting complex meeting rules.
notice” packets should be subject to action. Other
items may be “discussed,” provided enough time For more guidance on community meetings, see
is available to do so, but should not be acted upon the Community at Work manual, available on our
until a future meeting, after providing notice. website.
Page 4
Prosecuting Federal Gun Crimes
Prohibited Firearms It is against federal law for—
under Federal Law (A) a prohibited person Prohibited Persons
(B) to possess or receive a firearm • Convicted felons whose rights have not
Federal law prohibits
or ammunition been restored;
anyone from possessing
the following firearms— (C) that has been transported • Fugitives from justice;
• firearm that lacks a across a state line at any time. • Illegal aliens or a lawfully admitted aliens
serial number or under a non-immigrant visa;
contains an altered or
• Dishonorably discharged military veterans;
an obliterated serial
number • Unlawful drug users;
• firearm or ammunition • Persons who have been judged as mentally
or explosive that is defective or committed to a mental health
stolen institution;
In addition, federal law • Anyone subject to a domestic restraining
prohibits anyone from order; or
possessing the following • Anyone with a prior conviction for
firearms without first domestic assault
obtaining a tax stamp—
• machine gun
• short barreled shotgun
Armed Career Criminal
• short barreled rifle
A prohibited person who is found in possession of a firearm after having been
• firearm silencer previously convicted in either state or federal court of three or more “violent crimes”
Anyone found possessing or “serious drug crimes” may be prosecuted federally as an armed career criminal.
these firearms unlawfully
may serve between five and
ten years in federal prison.
Remember, state law may Predicate “Violent Crimes” Predicate “Serious Drug Offenses”
differ from federal law.
For example, even though • Burglary • An offense under state law involving
it is not prohibited by manufacturing, distributing, or
• Arson
possessing with intent to manufacture
federal law, Minnesota
• Extortion or distribute for with a maximum term
law makes it illegal for
of imprisonment of 10 years
people, other than Class 3 • Involves the use of explosives
dealers, to possess firearm • An offense under the Controlled
• Otherwise involves conduct that presents a
silencers. For this reason, Substance Act, Controlled Substances
serious potential risk of physical injury to
it is imperative law Import and Export Act, or Title 46
another; or
enforcement officials Chapter 705, with a maximum term of
know the laws of their • Has as an element the use, attempted use, imprisonment of 10 years or more
jurisdiction. or threatened use of physical force against
the person of another
Statutory Sentencing Enhancement
Anyone who qualifies as an armed career criminal will face a
mandatory minimum sentence of 15 years in federal prison.
Page 5
PROJECT EXILE MINNEAPOLIS
Since the inception of Project Exile Minneapolis on July 22, 2010, For example, federal law provides for a mandatory minimum
the U.S. Attorney’s Office has indicted 13 individuals on federal sentence of 15 years in federal prison for anyone convicted as an
gun charges. As part of a city-wide effort to reduce gun violence, armed career criminal. An armed career criminal is someone who
Project Exile Minneapolis is a law enforce- has been convicted three or more times for
ment initiative through which the Minneapolis violent crimes or serious drug crimes and is
Police Department and the U.S. Bureau of subsequently found in possession of a firearm
Alcohol, Tobacco, Firearms and Explosives or ammunition.
(“ATF”) work together to apprehend serial
The U.S. Attorney’s Office also focuses on
criminals for violations of gun laws. Then, the
cases involving defendants with long criminal
Hennepin County Attorney’s Office teams up
histories or cases involving a defendant who
with the U.S. Attorney’s Office to determine
possessed a firearm during the commission of
where those offenders will most effectively be
another felony. Of the 13 individuals indicted
prosecuted—state or federal court. Those
as a result of this initiative, three have pleaded
determinations are based on the offenders’
guilty and two have been convicted by a federal
criminal histories and current charges, among
jury.
other factors.
PROJECT Exile Success
U.S. V. CALVIN LORENZO HARRIS
The first federal indictment arising out of Project Exile Minneapolis was
unsealed on September 13, 2010. Calvin Lorenzo Harris was arrested on
June 1, 2010, after officers responded to a 911 call reporting one or more
individuals with firearms standing in front of a Minneapolis apartment
building. Harris dropped a .22-caliber, semi-automatic rifle with a barrel
length of less than 16 inches and an overall length of less than 26 inches
when he fled into the building upon the arrival of officers.
Harris was previously convicted of first-degree aggravated
robbery in Hennepin County in 2004 and third-degree U.S. V. MANDEL MCDONALD BENSON
criminal sexual conduct in Hennepin County in 2006. On On February 10, 2011, Mandel McDonald Benson was found guilty by
March 31, 2011, Harris pleaded guilty to one count of being a federal jury on one count of being a career criminal in possession of a
a felon in possession of a firearm. Under federal law, Harris firearm. According to trial evidence, Bloomington police apprehended
faces a potential maximum penalty of ten years in prison. Benson following a brief chase that was preceded by shoplifting at a
local Wal-Mart. At the time of his arrest, Benson was carrying a black
bag that contained a .357-caliber revolver with three live rounds of
ammunition in the cylinder. Benson was previously convicted for
third-degree aggravated robbery in 1992, simple robbery in 1997, and
attempted first-degree aggravated robbery in 2000, all in Hennepin
County. As a federal armed career criminal, he will face a mandatory
minimum sentence of 15 years in federal prison.
U.S. V. EUGENE MAURICE CLANTON
Eugene Maurice Clanton pleaded guilty on February 11, 2011, to one count of being
a felon in possession of a firearm and ammunition. He admitted that he struggled
with police after becoming belligerent in the Hennepin County Medical Center’s
pharmacy. During the altercation, the officers seized from him a .32-caliber revolver,
loaded with four live rounds. Clanton assaulted one of the police officers and fled
the scene before being taken into custody a short time later. Clanton was previously
convicted for second-degree assault in 1995, felon in possession of a firearm in 1996,
third-degree sale of a controlled substance in 2002, and conspiracy to possess with
intent to distribute crack cocaine in 2004. Because of this criminal history, Clanton
pleaded guilty as an armed career criminal and will face a statutory sentencing
enhancement of a mandatory minimum of 15 years in federal prison.
Page 6
Indian Country News
Understanding P.L. 280 and Indian Country Jurisdiction
More than 200 years of legislation and jurisprudence regarding the State Jurisdiction
proper legal authority in Indian Country has resulted in complicated In 1953, Congress passed Public Law 280. This law mandated
jurisdictional issues whenever law enforcement encounter a case certain states assume jurisdiction over many civil matters as well as
involving a Native American. While trying to ensure the safety all crimes committed by Indians in Indian Country. Minnesota was
and well-being of Indians and non-Indians alike, Congress has one of the original six states obligated to the jurisdiction transfer,
grappled with issues regarding the laws that apply in Indian excluding the Red Lake Indian Reservation. (The Nett Lake
Country, responsibility for enforcing those laws, and balancing Reservation was excluded later.) Under P.L. 280, local sheriffs and
law enforcement and deference to tribal self-governance. county prosecutors are the primary law enforcement authorities,
Federal Government Jurisdiction and criminal matters involving Indians and occurring on
reservations are tried in state court.
Historically, matters in Indian
Country were handled solely by Tribal Jurisdiction
tribal governments and the American Indian tribes also established their own law enforcement
federal government. In fact, a and judicial systems. The work of the tribal courts became so well
Supreme Court decision in 1832 respected that Congress enacted the Indian Reorganization Act of
held that state governments 1934, which established subject areas of legal authority for tribes
possessed no rights to handle and tribal courts. P.L. 280 did not abolish the tribal justice system
Indian affairs. It wasn’t until jurisdiction, resulting in concurrent tribal and state jurisdiction on
1948 that states had any P.L. 280 reservations.
influence in Indian Country.
That year, Congress passed the Assimilative Crimes Act, which, Therefore, tribal governments continue to establish their own civil
through the Major Crimes Act, allows for the laws of the state and criminal codes under the limited authority proscribed to them
where the Indian Reservation was located to be enforced against by Congress under the Indian Civil Rights Act. Tribal courts are
Indians. However, it was still left to the federal government to limited as to the punishment they may impose, and they do not
enforce those laws. On reservations under federal jurisdiction, the have criminal jurisdiction over non-Indians. They do, however,
U.S. Bureau of Indian Affairs, the Federal Bureau of Investigation, have “Duro Fix” authority, meaning they may exercise criminal
and the U.S. Attorney’s Office are the primary law enforcement jurisdiction on their reservations over all Indians, regardless of
authority, in addition to Tribal Law Enforcement. They also whether they are members of that particular tribe or not. They may
investigate and enforce laws pursuant to the federal Major Crimes also exercise civil authority over non-members on tribal land to the
Act and the Indian Country Crimes Act, as well as other crimes, extent necessary to protect the health, welfare, economic interests,
such as murder committed by Indians against Indians. or political integrity of the tribal community.
Tribal Law and Order Act of 2010
The Tribal Law and Order Act, signed into law by President jurisdiction. The U.S. Attorney’s Office will then work closely
Barak Obama on July 29, 2010, calls for further changes to with both tribal law enforcement and local law enforcement to
Indian Country jurisdiction. Among the purposes of the landmark determine where a case is best suited for prosecution. To that end,
legislation is strengthening tribal law enforcement and enhancing the act strengthened the role Tribal Courts may play in criminal
the ability of the U.S. Department of Justice (“DOJ”) to prosecute prosecutions by increasing the maximum punishment a Tribal
crimes in Indian Country. A crucial feature Court may impose from one year in jail to
of the act is a provision providing the three years, and the maximum fine from
opportunity for Indian tribes in P.L. 280 $5,000 to $15,000.
states to request the United States reassume
In accordance with the act, an Assistant U.S.
criminal jurisdiction. Upon request, the
Attorney has been appointed to serve as a
provision allows DOJ to restore federal
tribal liaison for the District of Minnesota.
jurisdiction in order to allow the federal
The liaison is responsible for coordinating
government to support state and county law
the prosecution of federal crimes that occur
enforcement in addressing crime in Indian
in Indian Country and maintaining working
Country, where crime rates tend to be much higher than that of
relationships with tribal leaders, tribal justice officials, and victims’
the general population. DOJ is preparing to release regulations
advocates in an effort to gather and share information necessary to
governing the implementation of this provision.
address and prevent violent crime in Indian Country. The tribal
Since the act’s enactment, three tribes have requested that the liaison is available to work with and provide training to any tribe in
federal government reassume jurisdiction, including the state, regardless of its P.L. 280 status. The tribal liaison in the
the White Earth reservation in Minnesota. If District of Minnesota is AUSA Kim Hare, who may be reached at
approved, the state will continue to exercise concurrent the U.S. Attorney’s Office, at (612) 664-5600.
Page 7
In the Community...
As part of the continuing outreach efforts enforcement, and other agencies. The next
of the U.S. Attorney’s Office in the local meeting will be hosted at the end of May by
Somali-American community, B. Todd the Hennepin County Sheriff’s Office.
Jones, the United States Attorney, recently
The U.S. Attorney also continues to meet
spoke about material support statutes, hate
with the Somali-American Youth Advisory
crimes, and civil rights enforcement at a
Council, a group of emerging leaders in
Community Engagement Roundtable held
the Somali-American community who are
at the Abubaker As-Saddique Islamic
being empowered to connect with their
Center in Minneapolis and hosted by the
elders, peers, and children on how to be
U.S. Department of Homeland Security
more civically engaged. They will have
(“DHS”), Office for Civil Rights and Civil
the opportunity to learn more about civil
Liberties. Representatives from various
rights issues and how to conduct their U.S. Attorney B. Todd Jones (top, second from the right)
Somali-American community organizations
own outreach by participating in a civics met with representatives from the Somali-American
raised their concerns and had their
workshop at the U.S. Attorney’s Office in community at a Roundtable event on April 2, 2011, at
questions answered by the U.S. Attorney
Minneapolis on Saturday, June 11. the Abubaker As-Saddique Islamic Center in Minneapolis.
and representatives of DHS, FBI, local law
FBI Chief Ralph Boelter Accepts Position in Washington
Special Agent in Charge Ralph S. Boelter has left his post as Upgraded Website!
chief of the Minneapolis FBI office to step into the role of FBI Don’t forget to log on to the
Deputy Assistant Director in Charge of Counterterrorism in recently upgraded website for the
Washington, D.C. Since becoming chief of the Minneapolis FBI U.S. Attorney’s Office for the
in January of 2007, Boelter has led the largest counterterrorism District of Minnesota, at
investigation since the September 11 attacks. When local Somali www.justice.gov/usao/mn/.
families began reporting their sons missing, sometimes disap- There, you will find information
pearing in the middle of the night, Boelter worked to discover about the office, including press
that many of them were leaving Minnesota to fight in Africa in releases, publications on a variety
FBI Special Agent in Charge Ralph S. support of al-Shabab, a terrorist group with ties to al-Qaida. of topics, and links to other
Boelter (left) and First Assistant U.S. That investigation has resulted in the indictment of 19 people, websites. The 2010 Annual
Attorney John R. Marti (right). five of whom have already pleaded guilty. The success of the Report summarizing the
investigation has been largely due to Boelter’s unconventional Office’s work the past year is
and inspiring community outreach efforts. The U.S. Attorney’s Office wishes Boelter the best as also available on the site.
he continues to use his extraordinary expertise to serve and protect the country in his new position.
Upper Midwest Community Policing Institute
The U.S. Attorney’s Office is proud to partner with the Upper Midwest Community Policing Institute (“UMCPI”), a Minnesota-based
organization that provides tools, resources, and training to improve public safety agencies. UMCPI offers training on a variety of topics,
ranging from law enforcement ethics to school safety to counterterrorism. Included below is a sampling of courses. While these trainings
focus on Indian Country law enforcement, UMCPI has an expansive offering, as listed on its website, at www.umcpi.org.
Tribal Community Engagement—explores the benefits of A Culturally-based Approach to Tribal Policing—examines
collaboration and the role of culture in forming partnerships that current issues in the Native American community and illustrates
allow tribal police officers to implement policing strategies that how law enforcement officers can positively police in tribal
strengthen partnerships for safer communities. environments. Native American culture, organizational
transformation, and partnership development are featured.
Native American Training Series I & II—introduces attendees
to the COPS Native American Training Series. This program is Reducing Domestic Violence in Indian Country—explores
designed for both tribal law enforcement and community members the dynamics of domestic violence in Indian Country and assists
who are concerned about crime and quality of life in their participants in identifying strategies in the intervention and
communities. In Series I, participants learn how to use the three reduction of domestic violence through community partnerships
tenets of community policing (problem-solving, partnership, and and effective investigative processes. It provides training in
organizational transformation) to address concerns such as tribal investigative techniques including assessment, documentation,
community engagement, underage drinking, graffiti on tribal lands, and dealing with special populations and situations. This course
disorderly youth, domestic violence, reducing crime and disorder is recommended for tribal police officers, police, EMT/first
through problem solving partnerships, and community policing responders, emergency room personnel, social services, community
basics. Topics in Series II include bullying in schools, early based advocates, public health and mental health
intervention systems, gangs, school crime and violence, school persons.
safety, and school resource officers.
Page 8
Health Care Fraud
In Minnesota, the U.S. Attorney’s Office continues to fight health
A Nationwide Problem care fraud occurring within the state through criminal prosecutions,
civil litigation, and sometimes both. In addition, the office is
On March 23, 2010, President participating in a multi-agency task force, which includes the
Barack Obama signed into Medicaid Fraud Control Unit of the Minnesota Attorney General’s
law the Patient Protection and Office, the U.S. Department of Health and Human Services-Office
Affordable Care Act of Inspector General, the Federal Bureau of Investigation, the
(“PPACA”). This monumental Internal Revenue Service, and other federal, state, and local law
piece of legislation calls for enforcement partners. The task force focuses on home health care
significant changes to the fraud, a prevalent health care fraud in the state.
American health care system. It
will be another three years The Department of Justice may bring civil enforcement proceedings under a variety of federal laws,
before the statute takes full including the False Claims Act, the Anti-Kickback Statute, the Stark Law, and HIPAA. Under these
effect. However, many of its laws, fraudsters can face civil monetary penalties, treble damages, and equitable and injunctive relief.
anti-fraud measures are now These remedies are not available in most criminal actions.
being implemented nationwide. In addition, a Civil Fraud Unit has been established within the U.S. Attorney’s Office Civil Division.
The National Healthcare The work of the unit will complement all financial fraud prosecutions handled by the office’s Criminal
Anti-Fraud Association Division, including health care fraud. Under the Anti-Fraud Injunction Act, the unit can halt on-going
estimates about three percent of criminal fraud and freeze assets even before indictments are filed. Also, the unit can collaborate with
annual healthcare spending is the Civil Division’s Asset Forfeiture Unit to freeze and seize money in criminal cases for use as
lost to fraud, which calculated restitution to the defrauded health care programs.
to $39 billion in 2009 alone. The cases below illustrate some of the health care fraud work of the U.S. Attorney’s Office Criminal
Even if that loss could only be Division.
cut in half, U.S. taxpayers
would still save $2 trillion
throughout the next 10 years— Owners of Two Home Health First Prosecution in Minnesota for
more than twice the estimated Care Agencies Indicted HIPAA Violation
cost of the new health care
On April 12, 2011, Samuel Akoto Danso A federal indictment filed on April 12, 2011,
reform.
and Harry Kwabena Ossei were indicted charges Autumn Lee Wright with violating
While the fight against health federally with conspiring to defraud Medicaid the Health Insurance Portability and
care fraud has been reinvigo- and obtaining money by submitting false Accountability Act (“HIPAA”), the first case
rated through the PPACA, claims for Medicaid payments through their of its kind brought in Minnesota. According
federal investigators and home health care agencies. In 2003, Ossei to the indictment, Wright, a former employee
prosecutors have been pursuing was excluded from participating in Medicare, of a health care provider in Rochester,
health care fraudsters for quite Medicaid, and all other federal health care wrongfully obtained a patient’s demographic
some time. In 2009, the Federal programs for 15 years after he pled guilty information, medical history, and other
government won or negotiated to one count of health care fraud. Allegedly, information relating to the patient’s past
approximately $1.63 billion in Ossei nonetheless continued to participate and present physical and mental health. She
health care fraud judgments in the Medicaid program, with Danso then purportedly disclosed that information
and settlements. In 2010, that agreeing to hide the income derived from that to an adult male, and it was used to cause
figure rose to $2.5 billion, participation. Together, the two men allegedly malicious harm to the patient. Wright is
which was accompanied by submitted false reimbursement claims for charged with one count of wrongfully
an increase in the number of Personal Care Assistance (“PCA”) services obtaining individually identifiable health
related investigations, criminal paid for by Medicaid. They then purportedly information and one count of wrongfully
charges filed, and defendants provided payments to personal care assistants disclosing individually identifiable health
convicted. and Medicaid recipients in exchange for their information.
participation in the phony PCA service
The U.S. Attorney’s Office for
arrangements. On many occasions, Danso Care Provider Charged with
the District of Minnesota is Taking Narcotics from Patients
and Ossei allegedly used without lawful
proud of its efforts to combat
authority the identification of others in Margaret Alice Mammen, a care provider at
health care fraud and pledges
connection with the fraud. The indictment a senior assisted living facility in Burnsville,
continued hard work in this
charges both Danso and Ossei with one was federally charged in April of 2011 with
area.
count of conspiracy to commit health care one count of obtaining a controlled substance
fraud, one count of conspiracy to commit by fraud. According to the Information,
money laundering, 15 counts of health care Mammen took Oxycontin from patient
fraud, and eight counts of aggravated identity rooms for her own use and replaced it with
theft in relation to health care fraud. ibuprofen.
Page 9
Combating Illegal Immigration
Through ICE’s Criminal Alien Program
The U.S. Immigration and Customs Enforcement U.S. v. Salvador Landa-Meraz
(“ICE”) agency always has been dedicated to 18 U.S.C. § 1326
On April 14, 2011, Salvador Landa-Meraz was
promoting public safety through the enforcement of
federal laws governing
sentenced to 32 months in prison on one count of Re-entry after
illegal re-entry after deportation. Landa-Meraz was
immigration. To
found in the U.S. despite being deported to Mexico
Deportation
further that mission,
in 2007 following a conviction in Stearns County for It is against federal law
ICE has prioritized
second-degree assault with a dangerous weapon. He for any alien to enter,
investigating cases
was arrested on July 16, 2010, by St. Cloud police
involving illegal aliens attempt to enter, or at
for driving while intoxicated and was in jail when
with serious criminal any time be found in the
he was identified as an illegal alien through CAP.
records. The Criminal U.S. if they have been
Alien Program (“CAP”) is a nationwide effort that denied admission or have
U.S. v. Cesar Ortiz-Castillo
allows ICE deportation officers to identify, process, been excluded, deported,
and remove criminal aliens incarcerated in federal, On April 12, 2011, Cesar Ortiz-Castillo pleaded
state, and local prisons and jails throughout the guilty to one count of illegal re-entry after deporta- or removed, or if they
country. The purpose of the initiative is to prevent tion. On July 23, 2010, Ortiz-Castillo was found departed the U.S. while
criminal aliens from being released into the general in the U.S. after having been previously deported an order of exclusion,
public. The program often allows authorities to to Mexico following a 2009 Hennepin County deportation, or removal
secure a final removal order prior to termination conviction for terroristic threats. Ortiz-Castillo was outstanding.
of a criminal alien’s sentence. was identified as an illegal alien through CAP while
in Ramsey County jail following his recent arrest, The maximum penalty
In Minnesota, the employment of CAP recently has which was for violating probation. He admitted for re-entry after
been expanded to include detention facilities located paying a smuggler $3,500 to get him into the country deportation is a fine,
in counties outside of Ramsey and Hennepin. In via the Arizona border. maximum imprisonment
addition, a Special Assistant U.S. Attorney has been
placed in the U.S. Attorney’s Office to increase the U.S. v. Anselmo Mendez-Madrid
of two years, or both.
potential caseload of prosecutions resulting from If removal was
ICE investigations. Prosecutions remain focused On March 28, 2011, Anselmo Mendez-Madrid
pleaded guilty to one count of illegal re-entry after subsequent to being
on aliens found in Minnesota who were previously
deportation. Mendez-Madrid was found in the U.S. convicted of three or
deported subsequent to being convicted of an
aggravated felony. illegally after having been previously deported to El more misdemeanors
Salvador following a 1997 California conviction for involving drugs, crimes
The following cases serve as examples of the types attempted murder. He was identified through CAP against a person, or a
of dangerous criminals removed from the streets after being arrested for third-degree riot, unlawful felony, the maximum
of Minnesota as a result of CAP. assembly, and disorderly conduct. sentence is increased to
10 years in prison.
About ICE The penalty is increased
Nationwide, illegal reentry after prosecuted by the U.S. Attorney’s ment of people and goods into, to a maximum of 20
deportation is the most prose- Office. within, and out of the U.S. These
investigations may involve human
years imprisonment
cuted federal offense, and it is
primarily the responsibility of ICE ICE ERO rights violations, human smug- if deportation was
to investigate those cases. How- Immigration matters are handled gling, the smuggling of narcotics subsequent to conviction
ever, as the second largest investi- by the ICE ERO division. Its and weapons, financial crimes, for an aggravated felony,
gative agency in the federal gov- agents are responsible for identify- cybercrime, and export enforce- such as murder, rape,
ernment, ICE is tasked to investi- ing and apprehending removable ment issues. sexual abuse of a minor,
gate matters beyond immigration, aliens, detaining those individuals
On April 15, 2011, eight individu- drug-trafficking crimes,
including violations of federal law when necessary, and removing illicit trafficking in
als were sentenced for trafficking
related to border control, trade, from the U.S. illegal aliens who firearms or destructive
counterfeit goods from suppliers
and customs. For this reason, ICE have been ordered deported. devices or explosive
in China, as a result of investiga-
is composed of two investigative
ICE HSI tion by ICE HSI. Police seized materials, money
divisions, namely ICE Enforce-
123 counterfeit NFL jerseys, 13 laundering, and
ment and Removal Operations ICE HSI is responsible for the
counterfeit NHL jerseys, and four prostitution crimes.
(“ICE ERO”) and ICE Homeland investigation of a wide range of
counterfeit NFL t-shirts from one
Security Investigations (“ICE domestic and international activi-
of the defendant’s Alexandria-
HSI”). Cases from both areas are ties arising from the illegal move-
based store, Sportsminded.
Page 10
Civil Rights Enforcement
The Declaration of Independence, signed in 1776, When Congress creates statutes protecting civil
The U.S. Attorney’s Office stated, “We hold these truths to be self-evident: rights, it is then the responsibility of U.S. Attorneys
for the District of Minnesota That all men are created equal…” Yet, for many nationwide to ensure those protections are secured.
has successfully litigated cases Americans, liberty, justice, and equality have been To aid in accomplishing this mission, the U.S.
involving— elusive. Even here in “progressive” Minnesota, Attorney’s Office for the District of Minnesota
discrimination has led to discriminatory behavior. has established a Civil Rights Unit to enforce civilly
• Hospitals for failure For example, on the eve of World War II, the federal statutes prohibiting discrimination on the
to provide effective national leaders of the Silver Shirts movement basis of race, sex, religion, disability, national origin,
communication to chose this state as their gathering site. The and other protected characteristics. The office has
deaf patients; movement’s founder referred to himself as the successfully litigated and resolved cases in a variety
“American Hitler,” and his followers attacked Jews of contexts, including fair housing, access to public
• State and local govern- in the most virulent anti-Semitic terms. accommodations, and law enforcement misconduct.
ments for failure to make In fact, the office has received national
Most Minnesotans, however, like most
reasonable accommoda- recognition for its civil rights enforcement
Americans, have opposed these acts of
tions in police services work.
violence, hatred, and injustice. In fact,
and park and recreation
Minnesotans have often been at the The office also has partnered with the
programs;
forefront of the fight against discrimi- University of Minnesota to launch a Civil
nation. In the 1940’s, the Minneapolis Rights Enforcement Clinic. Starting in the
• Private sector entities that
City Council passed the nation’s first Fall of 2011, University of Minnesota law
fail to remove physical
open-housing law, which became the students will receive academic credit for
barriers to facilities;
model for the federal Civil Rights Act working on civil rights enforcement cases
of 1964. Moreover, it was Minnesota’s Hubert H. Humphrey in the U.S. Attorney’s Office. Students in
• Landlords for denying
own Hubert H. Humphrey who, in the clinic will work closely with Assistant
rental housing to people
1948, challenged the nation to “Get out of the U.S. Attorneys on investigation tactics, evidence
of color and tenants with
shadows of the states’ rights and walk forth-rightly gathering, pleading drafting, deposition preparation,
service and assistance
into the bright sunshine of human rights.” document review, legal research, litigation strategy,
animals;
and settlement negotiations.
• Testing entities that fail to
provide accommodations The U.S. Department of Justice has jurisdiction to file civil rights suits pursuant to a number of federal
to test takers who are statutes, including—
disabled;
• The Fair Housing Act—prohibits • The Servicemembers Civil Relief
• Developers who illegally discriminatory housing practices based upon Act—protects military personnel in areas
prevent group homes for race, color, religion, sex, disability, national such as housing and credit while they are
the disabled in residential origin, and familial status. The U.S. Attorney deployed.
subdivisions; and DOJ are authorized to bring a lawsuit if
they find a pattern or practice of unlawful • The Uniformed Services Employment
• School districts that conduct, or if the matter raises an issue of and Reemployment Rights Act—
systematically fail to public importance. DOJ may also litigate cases prohibits employers from discrimination or
prevent bullying of on behalf of private citizens who elect such retaliating against an employee or an applicant
female or gay students. action upon a finding of reasonable cause by for employment because of such person’s
the U.S. Department of Housing and Urban past, current, or future military obligations.
Development.
• Title IX of the Civil Rights Act—
• The Americans with Disabilities Act prohibits sex discrimination in federally
(“ADA”)—prohibits discrimination on the funded educational programs and activities.
basis of disability in many contexts, including Interpreted to cover bullying based on sex
state and local government activities, places of and sex stereotypes.
public accommodation, transportation, and
telecommunications. DOJ is authorized to • Religious Land Use & Institutional-
investigate certain complaints, conduct com- ized Persons Act—protects the religious
pliance reviews to ensure accessibility, initiate exercise of religious assemblies and institutions
and intervene in litigation, and provide techni- in the context of local zoning and land use
cal assistance to businesses, governments, and laws. It also protects the religious exercise of
the general public to promote compliance inmates and other persons confined to certain
with the ADA. institutions.
Page 11
Crime Victims’ Rights
April 10-16, 2011, marked the annual National Crime
Victims’ Rights Week. This year, the U.S. Attorney’s Victim Bill
Office partnered with the Federal Crime Victims’ Task of Rights
Force to sponsor a Resource Fair Event in the lobby
of the Federal Courthouse in Minneapolis. The Federal law accords
Office’s Victim Witness Specialists and representatives victims of federal crimes
from the Federal Bureau of Investigations and United certain rights, including—
States Postal Service spent the day answering • The right to be treated
questions and handing out resources about Victims’ with fairness and
rights and assistance. respect;
The Victim Witness Specialists at the U.S. Attorney’s Office can assist victims or inquiring law enforcement • The right to be
officers with navigating the variety of services and resources available to help crime victims. Knowing help is reasonably protected
available can make being a victim less frightening and can help victims begin the healing process. from the accused;
For example, in federal court, a convicted offender may be ordered to pay restitution in order to reimburse • The right to be
victims for financial losses incurred as a result of the offender’s crime. Restitution may be ordered for lost notified of court
income, property damage, counseling, medical expenses, and funeral costs. In addition, a person who has proceedings;
been physically or emotionally injured as a result of a violent crime may be eligible for financial assistance
through the Minnesota Crime Victims Reparations Board. For more information, see the Victim Services • The right to be
brochure, available on our website. present at all public
court proceedings
unless the court
Milestones for Crime Victims in Minnesota determines that the
victim’s testimony
First rape crisis program is established in Minneapolis, and first battered women’s shelter opens in would be materially
1971 St. Paul.
affected if he or she
heard other trial
Crime Victims Reparations Board is created to provide financial compensation to victims of violent
1974 crimes. testimony;
• The right to confer
First prosecutor-based victim assistance program is established in the Saint Louis County Attorney’s with government
1976 Office in Duluth.
attorneys assigned to
1983 The Crime Victim Bill of Rights is passed, the first law providing comprehensive crime victim rights the case;
• The right to be
Statute establishing the Office of Crime Victim Ombudsman (“OCVO”), the first victim rights
1985 compliance office in the nation, is passed. heard at any public
proceeding in the
1988 Right to give a victim impact statement becomes law. district court involving
release, plea, or
OCVO is renamed the Crime Victim Justice Unit and incorporated into the Office of Justice sentencing;
2003 Programs.
• The right to
2008 Domestic abuse victims may get an order for protection extended for up to 50 years. proceedings free
from unreasonable
delay;
B. Todd Jones, U.S. Attorney
Continued from Page 1 • The right to restitu-
success. More than 242,000 pounds—121 tons—of which amends the Controlled Substances Act to tion, if applicable; and
prescription drugs were collected nationwide at the nearly allow an “ultimate user” of controlled substance • The right to informa-
4,100 drop-off sites. medications to dispose of them by delivering tion about the
them to entities authorized by the Attorney offender’s conviction,
On April 30, 2011, DEA will host its second National General. It also allows the Attorney General to
Prescription Drug Take-Back Day. The event will take sentencing, imprison-
authorize long-term care facilities to dispose of ment, and release.
place from 10:00 a.m. to 2:00 p.m. Your nearest collection their residents’ controlled substances in certain
site can be found by visiting www.dea.gov, and clicking on instances.
the “Got Drugs?” icon. The service is free and anonymous.
And, this year, it will be open to long-term care facilities. To read the prescription drug article from the
last issue of The EAGLE, visit our website, at
Four days after the first Take-Back event, Congress passed www.usdoj.gov/usao/mn, and click on the
the Secure and Responsible Drug Disposal Act of 2010, Office Publications link on the Resources page.
Page 12
Upcoming Law Enforcement Training
Minnesota Bureau of Criminal Apprehension Minnesota County Attorneys Association
Terrorism Awareness and Prevention (TAP) Train the Trainer Ethics and Elimination of Bias Training for Gov Attorneys
POST Course # 02-2117: This two hour course is available for • June 17, 2011, 9a.m. to 3:15p.m.—County Attorneys Association
multi-housing officers to provide them the resources to deliver the Office, 100 Empire Drive, St. Paul.
one hour Terrorism Awareness Program (TAP) public awareness
presentation to rental property managers/owners. Course is free. Minnesota Office of Justice Programs
Two credit hours.
• June 8, 2011— Alexandria (site to be determined) Conference on Crime and Victimization: Building Leadership,
• September 22, 2011— Plymouth, Plymouth Fire Department Strength and Unity.
• November 22, 2011—- Marshall (site to be determined) This event brings professionals together to review current
research, improve skills, share information, and network with
Training available through the BCA. Call the BCA at (651) 793- peers. The conference allows participants the opportunity to
1100, or visit www.bca.state.mn.us and click on the training link. discuss and strategize ways to address barriers to providing
high-quality services.
• May 25-27, 2011—Cragun’s Conference Center, Brainerd.
U.S. Attorney’s Office
District of Minnesota Watch the website for
600 U.S. Courthouse upcoming training and
www.usdoj.gov/usao/mn 300 South Fourth Street current press releases.
Minneapolis, MN 55415 Call Jeanne Cooney,
at (612) 664-5600, with
Phone: 612-664-5600 training suggestions.
Fax: 612-664-5787
THE EAGLE
B. Todd Jones, U.S. Attorney
Jeanne F. Cooney, Community Relations Coordinator, Editor, Researcher, and Writer
Kristina Sjostrom, Researcher and Writer
Please convey your comments or suggestions to Jeanne Cooney, at (612) 664-5611,
or e-mail her, at jeanne.cooney@usdoj.gov
THE EAGLE First Class Mail
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