FOR IMMEDIATE RELEASE WEDNESDAY, JULY 23, 2003 WWW.USDOJ.GOV CRT (202) 514-2008 TDD (202) 514-1888 SUCCESSFULLY RESOLVING AND INVESTIGATING ALLEGATIONS AGAINST POLICE DEPARTMENTS BY TAKING A COOPERATIVE APPROACH: * Historic Settlement Agreement in Cincinnati. A historic settlement was reached with the Cincinnati Police Department on Apr. 12, 2002, less than one year after the City was engulfed in riots. Attorney General Ashcroft and Assistant Attorney General Boyd traveled to Cincinnati to meet with community leaders and sign a landmark agreement between the Department of Justice and the City. The agreement substantially reforms policing practices in Cincinnati, including those involving the use of force which were of particular concern to the community groups involved in the collaborative process and was approved by the City Council, hailed as a major achievement by the Mayor of Cincinnati, community activists, the ACLU, the Cincinnati NAACP and accepted by the Cincinnati Police command staff and the local police union. In the intervening months, the parties have worked cooperatively to select a monitor and the City is making progress with implementing reforms negotiated for in the settlement agreement.
* The Civil Rights Division Successfully Reached 7 Settlement Agreements of Pattern or Practice Police Misconduct Investigations over the Last Two Years Compared to 3 During the Previous Two Years. Since 2001, the Division has reached settlements resolving major police misconduct investigations with the Washington, D.C. Police Department and the Buffalo, New York Police Department. The Division has also settled a long-standing lawsuit against the Columbus, Ohio Division of Police, and a federal court approved the Divisions agreement releasing the Pittsburgh Police Bureau from the majority of our consent decree after strengthening police misconduct remedial measures. In addition, the Division reached an out of court settlement regarding the Mt. Prospect, Illinois Police Department in January of 2003. Most recently, in June of 2003, the Division filed a complaint and moved for entry of a consent decree regarding police practices in United States v. City of Detroit.
* New Investigations Opened. The Civil Rights Division has opened 4 new pattern or practice investigations thus far in 2003 and 5 new investigations in 2002, compared to 3 in 2001 and 4 in 2000. Since 2001, the Division has opened new police misconduct investigations in Cincinnati, Ohio; Schenectady, New York; Portland, Maine; Miami, Florida; Providence, Rhode Island; Cleveland, Ohio; and Alabaster, Alabama. The Division has also continued its investigations into police misconduct matters in New Orleans, Louisiana; Prince Georges County, Maryland; Riverside, California; and Tulsa, Oklahoma.
COMBATING HUMAN TRAFFICKING AS A TOP PRIORITY: * Prosecutions: The Justice Department has successfully charged, convicted, or secured sentences for 106 human traffickers in 32 cases since January of 2001. Of these cases, those involving sex trafficking and abuse have resulted in charges, convictions, or secured sentences for 72 traffickers in 19 cases.
1)Hawaii: In the largest human trafficking prosecution in history, a garment factory owner and four coconspirators in Samoa were charged with enslaving over 200 Vietnamese and Chinese workers who had been threatened, assaulted, denied food and held in a guarded compound to keep them compliant. The owner has been convicted after trial and two co-conspirators have pled guilty (U.S. v. Kil Soo Lee). Sentencing is scheduled to occur on Dec. 15, 2003.
2) New Jersey: Five defendants pleaded guilty to sex trafficking charges for conspiring to lure and transport young Mexican girls into the United States under false pretenses and force them into prostitution. Three of the five defendants will be sentenced on August 7, 2003. A sentencing hearing for the two remaining defendants has not yet been set. A sixth defendant pleaded guilty to conspiring to obstruct justice. (U.S. v. Jimenez-Calderon).
3) Maryland: After a recent successful trial by the U.S. Attorneys Office and the Civil Rights Division, two defendants were sentenced to nearly ten years in prison and three years supervised release for holding a teenage Cameroonian girl in involuntary servitude as their domestic servant. The defendants were also ordered to pay a total of $105,306 in restitution to the victim.
Investigations: The Justice Department Brought 76 New Human Trafficking Charges During FY 2001 and 2002, Three Times as Many as The Previous Two Fiscal Years When 25 Were Charged. Thus far in FY 2003, the Department has brought charges against 15 trafficking defendants. In addition, the Department has approximately 122 human trafficking investigations pending, nearly twice as many as in January of 2001.
* Largest Training Held by Federal Prosecutors and Investigators. The Department of Justice conducted the largest ever anti-trafficking training for federal prosecutors and agents in October 2002 at the Departments training facility in South Carolina.
* Help for Victims. To implement the Trafficking Victims Protection Act of 2000, the Justice Department issued the T visa regulation in January 2002, which enables certain trafficking victims to live and work legally in the United States for three years while their cases are investigated and prosecuted. In July 2001, the Justice Department issued a regulation to provide enhanced protection of trafficking victims. Since passage of the Trafficking Victims Protection Act of 2000, the Justice Department has worked with HHS to certify over 300 trafficking victims, allowing them to receive federal and state benefits and services including employment authorization, housing, and medical care.
ACTIVELY PROTECTING THE RIGHTS OF INSTITUTIONALIZED PERSONS: * The Civil Rights Division opened 38 new facility investigations during the Bush Administration under the Civil Rights of Institutionalized Person Act (CRIPA), compared to 19 opened during the final two years of the previous Administration, against various correctional facilities. These investigations involved a range of issues such as medical care, fire safety, environmental conditions, sexual misconduct, and the use of excessive force against inmates. In FY 2002 alone, the Division was involved in over 173 CRIPA matters in 33 states, opening 21 new facility investigations, conducting 130 monitoring and compliance tours, and implementing settlement and consent decrees involving 99 facilities.
WORKING TO CLOSE THE EDUCATION GAP: * The Civil Rights Division Continues to Work Cooperatively with Local Jurisdictions to Help Foster Compliance with Existing Consent Decrees, to Resolve Longstanding Desegregation Cases, and to Reduce Barriers to Quality Education for All Children, Especially Those in Historically Troubled Jurisdictions. These programs are intended to help narrow the achievement gap between disadvantaged and other students.
* During the Bush Administration the Division Has Sent 78 Case Review Letters to School Districts to Ensure Compliance with Existing Desegregation Orders, Over Two and a Half Times as Many as Were Sent (29) During the Final Two Years of the Previous Administration.
* Settled a 25-Year Old Lawsuit in Mississippi for $500 Million to Benefit Traditional Black Colleges. On Apr. 23, 2001, the Civil Rights Division and a group of Mississippi plaintiffs settled for $500 million a 25-year old lawsuit that was brought to desegregate Mississippi's higher education system. The bulk of that money will go to improving the curricula and physical facilities at traditional black colleges in Mississippi.
* Settled a Two Decade-Old Lawsuit in New York for $300 Million to Benefit Education. On Jan. 31, 2002, Assistant Attorney General Boyd executed a settlement agreement on behalf of the United States with the State of New York, the City of Yonkers, the Yonkers Board of Education, and the Yonkers NAACP. The agreement marked the successful conclusion to a two decade-old desegregation lawsuit brought against Yonkers, New York, and the Yonkers school board by the Department of Justice and the NAACP. Under the terms of the agreement, the state will provide $300 million over five years. The school board will use that money to fund and implement 40 new or existing educational programs aimed at narrowing the performance gap between minority and non-minority students, and to improve the educational opportunities of all of the children of Yonkers.
REMOVING BARRIERS TO PERSONS WITH DISABILITIES THROUGH INNOVATIVE APPROACHES: * Project Civic Access. As part of President George Bushs New Freedom Initiative, an initiative designed to improve the lives and opportunities for Americans with Disabilities, the Division has negotiated and entered into agreements with over 30 governmental units nationwide. These agreements will ensure that state and local governments comply with the ADA and that people with disabilities have an equal opportunity to participate in civic life by making accessible public facilities such as city and town halls, courthouses, libraries, polling places, police stations, and parks. Some of the jurisdictions entering agreements include Flagstaff, Arizona; Fairbanks, Alaska; Seaside, California; Savannah, Georgia; Warren County, Illinois; Brookline, Massachusetts; and San Antonio, Texas.
* Formal Settlement Agreements Reached: The Civil Rights Division has almost doubled the number of formal Settlements reached (97) during the Bush Administration than were reached (52) during the final two years of the previous Administration.
* Mediation Program. The Divisions innovative ADA mediation program expands voluntary compliance with the ADA at a minimum expense to the government. During the Bush Administration the Division has referred more complaints to mediation (around 1247) and successfully resolved more complaints through mediation (around 585) than during the final two years of the previous administration (roughly 567 and 335, respectively).
* Looking for Solutions to Assist Persons with Disabilities to Access the Workforce. The Division has spearheaded a program called ADA Business Connection, a dialogue between senior business leaders and disability advocacy groups in an effort to achieve sensible solutions to problems associated with access and work issues facing disabled Americans.
* Assisting Persons with Disabilities to Achieve Better Community Life. The Division is working with state and local governments to implement Executive Order 13217 and the 1999 Olmstead v. L.C. United States Supreme Court decision, which require states to place individuals with disabilities in community settings rather than institutions, where placement is appropriate and reasonable, in order to provide them with greater access to community life.
* Assisting Persons with Disabilities with Housing Opportunities. During the Bush Administration, the Division has filed 21 lawsuits alleging FHA design and construction violations against owners, architects, and builders of multifamily housing. Ten of these cases have already been settled through consent decrees. In one other case, the Division obtained a preliminary injunction halting construction of new multi-family housing that violated the FHA requirements.
ENSURING EQUAL EMPLOYMENT OPPORTUNITIES: * The Division Continued Its Commitment to Equal Employment Opportunities by Authorizing a Consistent Number of New Lawsuits 9 in 2002 Compared to 8 in 2001 and 8 in 2000 and by Continuing to Investigate New Cases at a Substantially Higher Rate Than in the Final Year of the Previous Administration 27 new cases so far in 2003, 41 New Cases in 2002, and 51 in 2001 compared to 17 in 2000.
* The Division Has Also Successfully Resolved 20 Cases or Matters Involving Unlawful Discrimination under Title VII Based on Race, National Origin, Sex, and Religion Since the Beginning of the Bush Administration. They include: 1) On June 30, 2003, the Division resolved a lawsuit against the University of Guam in which it was alleged that the University discriminated against eleven former employees on the basis of their race and national origin. The alleged victims of unlawful discrimination were Filipino American, African American, American Indian and Caucasian. In addition to injunctive relief, the Division obtained $775,000 in monetary relief for the individuals; 2) In January of 2003, the Division successfully settled a racial discrimination and retaliation lawsuit against the city of Fort Lauderdale, Florida for a total of $455,000 in victim's compensatory damages. The lawsuit alleged that the city of Fort Lauderdale violated Title VII of the Civil Rights Act of 1964, by denying an African-American employee, Elgin O. Jones, promotion to the position of Engineering Inspector I because of his race. The lawsuit further alleged that the city retaliated against Mr. Jones when he complained that he had been denied promotion for discriminatory reasons; 3) In February of 2003, the Division settled an employment discrimination lawsuit filed against the New Mexico Regional Solid Waste Authority. The Division alleged that the Waste Authority discriminated against women, Hispanics and Native Americans, by permitting racial and sexual harassment. The Division obtained $148,000 in monetary relief for four victims of alleged sexual and racial harassment, as well as changes to the employer's employment policies; 4) In 2001, the Division obtained a supplemental consent order in the Milwaukee Fire Department case where the Division secured $1.8 million in back pay and 40 jobs for African-American victims of hiring discrimination; and 5) The Division obtained a settlement with the City of Newark regarding a case involving religious discrimination directed at Muslim police officers.
ACTIVELY PROTECTING HOUSING, CREDIT, AND PUBLIC ACCOMMODATION RIGHTS: * The Civil Rights Division Continued Its Commitment to Ensuring Equal Opportunities in Housing, Lending, and Public Accommodations by Initiating 51 New Lawsuits in 2002 Compared to 45 in 2001, 46 in 2000, and 46 in 1999. The Division also increased its rate of obtaining consent decrees from 39 in 2000 and 40 in 2001 to 43 in 2002. Assistant Attorney General Boyd also authorized an additional 13 lawsuits that are in pre-suit negotiations at the end of his tenure as Assistant Attorney General.
1) Examples of significant victories include a $451,208 verdict against a landlord in Mississippi who sexually harassed a number of his female tenants; a consent decree that provides for $300,000 in damages and civil penalties against the owner of a mobile home park in Kansas who sexually harassed female tenants, many of whom were the wives of men stationed at the nearby army base; a settlement agreement with the owners of a Virginia club that denied access to a Sikh Muslim man on the same basis as white, non-Muslim patrons; and two consent decrees against nightclub owners in Kansas and Alabama who denied black patrons access to the clubs on the same basis as whites.
2) Another significant victory was a recent consent decree providing for more than $700,000 in retrofitting, damages, and civil penalties against defendants in Kansas who violated the requirement that new multi-family housing be designed and constructed in a manner accessible to persons with disabilities.
ENGAGING IN PROSECUTIONS AND OUTREACH ACTIVITIES IN RESPONSE TO THE TERRORIST ATTACKS OF SEPTEMBER 11TH: * Prosecuting Backlash Discrimination: The Division, FBI, and United States Attorneys Offices Have Investigated Approximately 500 Incidents of Backlash Discrimination since Sept. 11, 2001. There have been 13 federal prosecutions of 18 defendants to date with a 100% conviction rate so far. In addition, the Justice Department has coordinated and/or provided assistance in approximately 100 additional state and local cases. All of these cases involve alleged discriminatory backlash crimes against individuals perceived to be of Middle-Eastern origin, including Arab Americans, Muslim Americans, Sikh Americans, and South-Asian Americans.
1) For example, on Aug. 23, 2002, in the Middle District of Florida, the United States filed a criminal complaint against Robert Goldstein under 26 U.S.C. 5861 and 18 U.S.C. 844(i) for plotting to destroy the Islamic Center of St Petersburg, Florida. On Apr. 3, 2003, Robert Goldstein pled guilty to violating 18 U.S.C. 241, 844(i) and 26 U.S.C. 5861. Goldstein's wife, Kristi Goldstein, pled guilty to violating 26 U.S.C. 5861 on Feb. 26, 2003 and was sentenced to 37 months incarceration on June 13, 2003. Michael Hardee pled guilty on October 9, 2002 to a civil rights conspiracy in violation 18 U.S.C. 241 for his role as driver in the plot and on May 1, 2003, Hardee was sentenced to 41 months in prison and fined $10,000. A fourth defendant, Val Shannahan, was arrested on Sept. 26, 2002 and charged with one count of violating 26 U.S.C. §5861. Shannahan pled guilty to the charge on Apr. 16, 2003.
2) On Dec. 12, 2001, in the Central District of California, the United States filed a criminal complaint against Irving David Rubin and Earl Leslie Krugel pursuant to 18 U.S.C. 371, 844, and 924 for conspiring to damage and destroy, by means of an explosive, the King Fahd mosque and for possessing an explosive bomb to carry out the conspiracy. On Jan. 10, 2002, Rubin and Krugel were indicted under 18 U.S.C. 371, 2332, 844, 924, 373, 922, and 5861, which additionally included charges related to the defendants' alleged attempts to damage and destroy, by means of an explosive, the office of the Muslim Public Affairs Council and the district office of U.S. Representative Darrell Issa. On Nov. 13, 2002, Rubin died from self-inflicted wounds while incarcerated. Krugel pled guilty.
* Bringing Communities Together: In addition to the more than 250 town and community meetings conducted by the Department, Assistant Attorney General Boyd has spoken out against violence and threats against individuals perceived to be of a certain race, religion, or national origin, and he has met approximately 25 times with leaders of Arab-American, Muslim-American, Sikh-American, and South-Asian American organizations. He has also given several speeches to organizations representing the interests of these affected people and their communities.
* Launching an Initiative Against Backlash Discrimination. Assistant Attorney General Boyd established a post-September 11 Backlash Discrimination Initiative within the Civil Rights Divisions National Origin Working Group.
* Community Forums Across the Nation. In FY 02 the Civil Rights Division held six forums: Chicago, Illinois; Dearborn, Michigan; Arlington, Virginia; Phoenix, Arizona; Atlanta, Georgia and Houston, Texas. In FY 03, the Civil Rights Division held forums in Seattle, Washington, and Las Vegas, Nevada, and is planning to hold forums in Minneapolis, Boston, New York, and New Jersey.
PROSECUTING BIAS-MOTIVATED CRIMES AND CRIMINAL DEPRIVATIONS OF CIVIL RIGHTS: * The Civil Rights Division Charged More Defendants (316) and Successfully Prosecuted More Defendants (243) for Criminal Civil Rights Violations During the First Two Years of the Bush Administration than Were Charged (260) and Successfully Prosecuted (210) During the Final Two Years of the Previous Administration. Halfway through the third year of the Bush Administration, an additional 62 defendants have been charged and 63 defendants have been successfully prosecuted.
1) U.S. v. Waldon, et al. (M.D. FL) On Jan. 27, 2003, defendant Karl T. Waldon, a deputy sheriff with the Jacksonville Sheriff's Department, was sentenced to multiple terms of life imprisonment after his convictions for various civil rights and obstruction charges. As one example, Waldon knew from a co-conspirator that Sami Safar, a Jacksonville convenience store owner, would be carrying a large amount of cash. While in uniform and driving his marked police car, Waldon turned on his emergency lights and pulled over Mr. Safar. Waldon then handcuffed Safar, placed him in the back of the police car, drove him to an isolated location, strangled him with a rope, dumped the body in a wooded area, and stole the $50,000 carried by the victim. Waldon conspired with other deputy sheriffs and civilians to commit this murder as well as other robberies, burglaries, thefts and drug offenses against residents of the Jacksonville area. Three other deputy sheriffs and three civilians have also pled guilty to various charges in this case.
* The Division Also Increased Its Enforcement Activity with Respect to Non Color-of-Law Criminal Civil Rights Violations (Not Including Individual Police Misconduct Cases) such as Bias and Hate Crimes (Including Trafficking and FACE Actions), Filing Cases Against More Defendants (66) in FY 2002 and FY 2001 (94) than in FY 2000 (56). Thus Far During FY 2003, Charges Have Been Brought Against 53 Defendants.
1) On Feb. 28, 2003, the Division secured a conviction against Ernest Henry Avants for aiding and abetting in the 1966 murder of Ben Chester White, an elderly African American farm worker in Mississippi who, because of the victims race and efforts to bring the Reverend Martin Luther King, Jr. to the area, was lured into a national forest and shot multiple times including a shotgun blast to his head.
2) On February 6, 2003, four defendants, including two members of the Imperial Klan of America, pled guilty to criminal civil rights charges in Kentucky for a series of racially motivated acts of violence directed against an African American family. The defendants repeatedly hurled racial epithets at the family while breaking windows and smashing a porch light with a baseball bat. Additionally, the defendants attacked one of the teenage children, severely beating him when he went outside to investigate two broken windows at his home.
3) Five members of the Ku Klux Klan in Louisiana were recently sentenced to terms ranging from 12 to 157 months in prison for violating federal criminal civil rights statutes as a result of burning a 3 foot by 5 foot cross in the yard of three African Americans who recently moved to the area.
ENSURING COMPLIANCE WITH THE LANGUAGE MINORITY PROVISIONS OF THE VOTING RIGHTS ACT: * Massive Outreach Campaign. Since July 26, 2002, when the new Section 203 jurisdiction determinations were certified based on the results of the 2000 census, the Division has conducted a massive outreach campaign with state and local election officials and local language minority groups to ensure access to bilingual voting materials for language minority groups (primarily Spanish and American Indian/Alaska Native) covered under Section 203 of the Voting Rights Act. The outreach campaign included a July 26, 2002 letter from Assistant Attorney General Boyd to each of the 296 political jurisdictions covered by Section 203 notifying them of their bilingual access obligations under Section 203 in the upcoming and future elections. In addition, Division attorneys conducted comprehensive in-person meetings with state and local election officials and local language minority groups in almost all of the more than 80 newly covered Section 203 jurisdictions. Under the current Section 203 determinations, Spanish is the most-covered language minority group (219 political subdivisions), followed by American Indian/Alaska Native (85), Chinese (12), Filipino (6), Vietnamese (4), Korean (3), and Japanese (2).
ACTIVELY ENFORCING THE VOTING RIGHTS ACT OF 1965: * Sending Hundreds of Observers and Attorneys to Monitor Elections. During the 2002 election and as part of the Attorney Generals Voting Integrity/Ballot Access Initiative, the Division coordinated and sent 324 federal election observers and 108 Department attorneys to 26 counties in 14 states to monitor the general election and to ensure access to the polls. Division personnel were also available to receive complaints by phone through a toll-free number.
* Reviewing More Section 5 Submissions. The Division received more Section 5 Voting Rights Act total submissions (11,783) and redistricting submissions (2339) over the first two years and four months of the Bush Administration than during the final two years and four months of the prior administration (10,282 and 162, respectively). In addition, the Division pre-cleared more redistricting submissions (2066) and filed more objections (25) than were pre-cleared (148) and objected to (5) during the same time periods, respectively.
* The Division Continues Its Vigorous Enforcement of Section 2 of The Voting Rights Act to Ensure Minority Voters Are Not Excluded from the Electoral Process and Have Fair Opportunity to Elect Candidates of Their Choice.
1) In March of 2003 in United Sates v. Charleston County, SC, the Division prevailed in a case alleging that Charleston County improperly diluted the voting strength of African American voters by maintaining an at-large voting system in a manner which violated Section 2. The Court is now considering an appropriate remedy.
2) In United States v. Berks County, PA, the Division won a preliminary injunction in a case alleging that Berks County had denied Hispanic voters an equal chance to participate in the political process based on treatment at the polls in violation of Section 2, and in failing to provide appropriate language assistance in violation of Section 203. The Court is now considering appropriate permanent relief.
3) In United States v. Blaine County, MT, the Division prevailed at trial, alleging that Blaine County improperly diluted the voting strength of Native-American voters by maintaining an at-large voting system in a manner that violated Section 2. The case is pending on appeal to the Ninth Circuit.
Actively Enforcing the Religious Land Use and Institutionalized Persons Act (RLUIPA): * The Division Has Opened 12 Investigations under RLUIPA, the Statute Recently Enacted by Congress to Protect Houses of Worship and Religious Schools from Discriminatory and Unjustifiably Burdensome Zoning Regulations. The investigations have been undertaken in response to complaints by a Muslim school, a Buddhist temple, a black church in a predominantly white suburb, an Orthodox Jewish synagogue, and churches of various Christian denominations. One lawsuit has been filed and four of these cases have already resulted in favorable outcomes.
ASSISTING PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP): * The Division Has Taken Significant Steps to Implement Executive Order 13166. The Executive Order requires each federal agency to prepare a plan to improve access to its federally conducted programs and activities by eligible LEP persons, and it requires each federal agency that provides financial assistance to draft guidance on how their recipients can provide meaningful access to LEP persons. In addition, the Division won its motion to dismiss a lawsuit filed in federal district court seeking to invalidate EO 13166 and will continue to vigorously defend EO 13166 in the pending appeal.
SUCCESSFULLY AND VIGOROUSLY DEFENDING ANTI-DISCRIMINATION STATUTES BY REPEATEDLY INTERVENING IN CASES WHERE CONSTITUTIONAL QUESTIONS ARE RAISED: * For example, the Division has defended 11th Amendment challenges to Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Individuals with Disabilities Education Act, the Equal Pay Act, and Section 504 of the Rehabilitation Act of 1973, and has been, with limited exceptions, very successful in this important endeavor. 03-414
Source: US Department of Justice
