Judiciary Calls for Passage of Security Legislation

“It’s not an overstatement to say that passage of the Daniel Anderl Judicial Security and Privacy Act of 2020 is urgently needed to protect the lives and safety of our judges,” said James C. Duff, Director of the Administrative Office of the U.S. Courts. “It’s critical that this legislation is enacted during the current lame duck session of Congress. Judges’ lives are at stake.”

Daniel Anderl, the 20-year-old son of U.S. District Judge Esther Salas, was shot and killed in the doorway of the family’s home in July by a litigant who had appeared before the judge months earlier. Judge Salas’ husband, Mark, was seriously wounded and is recovering from his injuries.

The assailant obtained the family’s home address on the internet and posed as a courier.

The bipartisan bill, if passed, will protect judges’ personally identifiable information from resale by data brokers. The bill allows federal judges to obtain redaction of personal information displayed on federal government internet sites and will prevent publication of their personal information by other businesses and individuals in cases where there is no legitimate news media interest or matter of public concern. It encourages states to protect personal information, improves the ability of the U.S. Marshals Service to identify threats, and authorizes improvements to home and courthouse security technology.

“This legislation is important to the Judiciary and personal to me,” Salas said. “These issues are real. Lives have been lost and threatened because people can find judges’ addresses and phone numbers online and do harm to them and their families.”

“The Salas attack is not an isolated event,” Duff said.

Last week, a man armed with a pipe and a knife entered a judge’s chambers in California. The judge called the police and escaped unharmed. Last month, a judge’s address was circulated on social media, urging people to gather outside his home while the judge was hearing a high-profile case.

In a recent op-ed, Chief Judge Timothy Corrigan relayed how a gunshot, fired into his Florida home, missed his ear by less than two inches. The gunman purchased his address on the internet for $1.95.

U.S. Marshals Service data shows that threatening communications involving federal judges increased nearly 500 percent from 2015 to 2019.

In September, the Judicial Conference of the United States approved and transmitted to Congress a request for a comprehensive set of security measures to better protect judges at home and at courthouses, including preventing the unauthorized release of judges’ personally identifiable information, particularly on the internet.

“It’s crucial to our system of justice that judges can decide cases without fear for their safety and that of their family,” Duff said. “We implore Congress to act on these critical safety measures during its lame duck session. Every day that goes by means that these serious vulnerabilities continue to exist.” 

More from: info@uscourts.gov

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    The Federal Deposit Insurance Corporation (FDIC) has designed policies to address the risk of regulatory capture by reducing the potential benefit to industry of capturing the examination process, reducing avenues of inducement, and promoting a culture of independence and public service (see figure). Framework for Reducing Risk and Minimizing Consequences of Regulatory Capture FDIC has several policies for documenting bank examination decisions that help promote transparent decision-making and assign responsibility for decisions. Such policies are likely to help reduce benefits to industry of capturing the examination process. However, GAO found that some examinations were not implemented consistent with FDIC policies and that gaps in FDIC policies limited their effectiveness. For example, GAO found that managers sometimes did not clearly document how they concluded that banks had addressed recommendations. By improving adherence to agency policies, FDIC management could better address threats to capture in the examination process. GAO found that FDIC has policies to address potential conflicts of interest that could help block or reduce avenues of inducement. For example, FDIC has post-employment conflict-of-interest policies designed to prevent former employees from exerting undue influence on FDIC and to reduce industry's ability to induce current FDIC employees with prospective employment arrangements. One such policy requires the agency to review the workpapers of examiners-in-charge who accept employment with banks they examined in the prior 18 months. However, FDIC has not fully implemented a process for identifying when to review the workpapers of departing examiners to assess whether independence has been compromised. In particular, FDIC does not have a process for collecting information about departing employees' future employment. By revising its examiner-departure processes, the agency could better identify when to initiate workpaper reviews. FDIC has identified regulatory capture as a risk as part of its enterprise risk management process. The agency has documented 11 mitigation strategies that could help address that risk. Identified mitigation strategies include rotating examiners-in-charge, national examination training, and ethics requirements. FDIC supervises about 3,300 financial institutions to evaluate their safety and soundness. Some analyses by academic researchers have identified regulatory capture in supervision as one potential factor contributing to the 2007–2009 financial crisis. Regulatory capture is defined as a regulator acting in the interest of the regulated industry rather than in the public interest. GAO was asked to review regulatory capture in financial regulation. This report examines FDIC's (1) processes for encouraging transparency and accountability in the bank examination process, (2) processes to minimize potential conflicts of interest among examination staff, and (3) agency-wide efforts to address the risks of regulatory capture and compromised independence. GAO reviewed FDIC's policies and enterprise risk management framework, analyzed bank examination workpapers, and interviewed supervisory staff. GAO is making four recommendations to FDIC related to managing the risk of regulatory capture, including improving documentation of banks' progress at addressing FDIC recommendations and revising examiner-departure processes. FDIC neither agreed nor disagreed with these recommendations, but described actions it would take in response to them. FDIC's actions, if fully implemented, would address two of the four recommendations. For more information, contact Michael Clements at (202) 512-8678 or clementsm@gao.gov.
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  • Climate Change: A Climate Migration Pilot Program Could Enhance the Nation’s Resilience and Reduce Federal Fiscal Exposure
    In U.S GAO News
    GAO identified few communities in the United States that have considered climate migration as a resilience strategy, and two—Newtok, Alaska, and Isle de Jean Charles, Louisiana—that moved forward with relocation. Newtok, for example, faced imminent danger from shoreline erosion due to thawing permafrost and storm surge (see figure). Literature and experts suggest that many more communities will need to consider relocating in coming decades. Shoreline Erosion at Newtok, Alaska, from July 2007 to October 2019. Federal programs provide limited support to climate migration efforts because they are designed to address other priorities, according to literature GAO reviewed and interviews with stakeholders and federal officials. Federal programs generally are not designed to address the scale and complexity of community relocation and generally fund acquisition of properties at high risk of damage from disasters in response to a specific event such as a hurricane. Unclear federal leadership is the key challenge to climate migration as a resilience strategy. Because no federal agency has the authority to lead federal assistance for climate migration, support for climate migration efforts has been provided on an ad hoc basis. For example, it has taken over 30 years to begin relocating Newtok and more than 20 years for Isle de Jean Charles, in part because no federal entity has the authority to coordinate assistance, according to stakeholders in Alaska and Louisiana. These and other communities will rely on post-disaster assistance if no action is taken beforehand—this increases federal fiscal exposure. Risk management best practices and GAO's 2019 Disaster Resilience Framework suggest that federal agencies should manage such risks before a disaster hits. A well-designed climate migration pilot program that is based on project management best practices could improve federal institutional capability. For example, the interagency National Mitigation Investment Strategy—the national strategy to improve resilience to disasters—recommends that federal agencies use pilot programs to demonstrate the value of resilience projects. As GAO reported in October 2019, a strategic and iterative risk-informed approach for identifying and prioritizing climate resilience projects could help target federal resources to the nation's most significant climate risks. A climate migration pilot program could be a key part of this approach, enhancing the nation's climate resilience and reducing federal fiscal exposure. According to the 13-agency United States Global Change Research Program, relocation due to climate change will be unavoidable in some coastal areas in all but the very lowest sea level rise projections. One way to reduce the risks to these communities is to improve their climate resilience by planning and preparing for potential hazards related to climate change such as sea level rise. Climate migration—the preemptive movement of people and property away from areas experiencing severe impacts—is one way to improve climate resilience. GAO was asked to review federal support for climate migration. This report examines (1) the use of climate migration as a resilience strategy; (2) federal support for climate migration; and (3) key challenges to climate migration and how the federal government can address them. GAO conducted a literature review of over 52 sources and interviewed 12 climate resilience experts. In addition, GAO selected and interviewed 46 stakeholders in four communities that have considered relocation: Newtok, Alaska; Santa Rosa, California; Isle de Jean Charles, Louisiana; and Smith Island, Maryland. Congress should consider establishing a pilot program with clear federal leadership to identify and provide assistance to communities that express affirmative interest in relocation as a resilience strategy. The Departments of Homeland Security and Housing and Urban Development provided technical comments that GAO incorporated as appropriate. For more information, contact Alfredo Gómez at (202) 512-3841 or gomezj@gao.gov.
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    In Crime News
    “Please be advised that the information circulating on social media claiming to be from Acting Pardon Attorney Rosalind Sargent-Burns is inauthentic and should not be taken seriously.  "The Justice Department’s Office of the Pardon Attorney does not have a social media presence and is not involved in any efforts to pardon individuals or groups involved with the heinous acts that took place this week in and around the U.S. Capitol."
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  • National Health Care Fraud and Opioid Takedown Results in Charges Against 345 Defendants Responsible for More than $6 Billion in Alleged Fraud Losses
    In Crime News
    Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division, Deputy Inspector General Gary Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator Tim McDermott of the Drug Enforcement Administration (DEA) today announced a historic nationwide enforcement action involving 345 charged defendants across 51 federal districts, including more than 100 doctors, nurses and other licensed medical professionals. 
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  • Former Foreign Exchange Trader Sentenced To Prison For Price Fixing And Bid Rigging
    In Crime News
    Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy to manipulate prices for emerging market currencies in the global foreign currency exchange (FX) market, the Justice Department announced today.
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  • Judges Share 50 Years as Colleagues and Friends
    In U.S Courts
    On the same afternoon in October 1970, the Senate confirmed four new federal judges from Florida. This month, three are celebrating a half-century on the bench, as well as a strong, continuing friendship.
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  • FY 2020 Excise Tax: Agreed-Upon Procedures Related to Distributions to Trust Funds
    In U.S GAO News
    The procedures that GAO agreed to perform on fiscal year 2020 net excise tax distributions to the Airport and Airway Trust Fund (AATF) and the Highway Trust Fund (HTF) and the results of those procedures are described in the enclosures to this report. The sufficiency of these procedures is solely the responsibility of the Department of Transportation (DOT) Office of Inspector General (OIG). The Internal Revenue Service (IRS) is responsible for certifying quarterly net excise tax collections to be distributed to the AATF and the HTF. The Department of the Treasury's Office of Tax Analysis (OTA) is responsible for developing reasonable estimates of net excise tax collections to be distributed to the AATF and the HTF. These IRS certifications and OTA estimates are the basis of the net excise tax distributions to the AATF and the HTF. GAO was not engaged to perform, and did not perform, an examination or review. Accordingly, GAO does not express such an opinion or conclusion. The purpose of this report is solely to describe agreed-upon procedures related to information representing the basis of amounts distributed from the general fund to the AATF and the HTF during fiscal year 2020, and the report is not suitable for any other purpose. IRS agreed with the findings related to the procedures performed concerning excise tax distributions to the AATF and the HTF during the fiscal year 2020. OTA stated that it had no comments on the report. GAO performed agreed-upon procedures solely to assist the DOT OIG in ascertaining whether the net excise tax revenue distributed to the AATF and the HTF for the fiscal year ended September 30, 2020, is supported by information from the Department of the Treasury, including IRS's excise tax receipt certifications and OTA's estimates. DOT OIG is responsible for the sufficiency of these agreed-upon procedures to meet its objectives, and GAO makes no representation in that respect. The procedures that GAO agreed to perform were related to information representing the basis of amounts distributed from the General Fund to the AATF and the HTF during fiscal year 2020, including (1) IRS's quarterly AATF and HTF excise tax certifications prepared during fiscal year 2020 and (2) OTA's estimates of excise tax amounts to be distributed to the AATF and the HTF for the third and fourth quarters of fiscal year 2020. For more information, contact Cheryl E. Clark at (202) 512-3406 or clarkce@gao.gov.
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  • Justice Department Settles Sexual Harassment and Retaliation Lawsuit Securing $342,500 for Two Female Firefighters and Changes to the Houston Fire Department’s Training Practices
    In Crime News
    The Justice Department announced today that it has reached a settlement with the City of Houston resolving allegations that personnel at Houston Fire Department (HFD) Station 54 discriminated and retaliated against former firefighter Jane Draycott in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal statute that prohibits employment discrimination on the basis of race, color, national origin, sex and religion.   
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  • State-Sponsored Iranian Hackers Indicted for Computer Intrusions at U.S. Satellite Companies
    In Crime News
    An indictment was unsealed today charging three computer hackers, all of whom were residents and nationals of the Islamic Republic of Iran (Iran), with engaging in a coordinated campaign of identity theft and hacking on behalf of Iran’s Islamic Revolutionary Guard Corps (IRGC), a designated foreign terrorist organization, in order to steal critical information related to U.S. aerospace and satellite technology and resources.
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    In Crime News
    Assistant Attorney General for National Security John C. Demers and U.S. Attorney Erica H. MacDonald today announced the sentencing of Seyed Sajjad Shahidian, 33, to 23 months in prison for his role in conducting financial transactions in violation of U.S. sanctions against Iran. Shahidian, who pleaded guilty on June 18, 2018, was sentenced today before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota. Shahidian, a citizen of Iran, was arrested in London, England on Nov. 11, 2018, and, on May 15, 2020, was extradited to the United States.
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  • North Carolina Return Preparer Pleads Guilty in Tax Fraud Scheme
    In Crime News
    A Rocky Mount, North Carolina, tax return preparer pleaded guilty today to conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Robert J. Higdon, Jr. for the Eastern District of North Carolina.
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  • William M. Kelly, M.D., Inc And Omega Imaging, Inc. Agree To Pay $5 Million To Resolve Alleged False Claims For Unsupervised And Unaccredited Radiology Services
    In Crime News
    William M. Kelly Inc. and Omega Imaging Inc., together, operate 11 radiology facilities in Southern California, have agreed to pay the United States $5 million to resolve allegations that they violated the False Claims Act (FCA) by knowingly submitting claims to Medicare and the military healthcare program, TRICARE, for unsupervised radiology services and services provided at unaccredited facilities, the Department of Justice announced today.
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    In Crime News
    Attorney General William P. Barr issued the following statement in response to the resignation of Seattle Police Chief Carmen Best:
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  • Houston Attorney Sentenced to Prison for Offshore Tax Evasion Scheme
    In Crime News
    A Houston, Texas attorney was sentenced to 24 months in prison today for conspiring to defraud the United States and tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.
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