Maine Man Sentenced for Federal Hate Crime Convictions

The Justice Department today announced the sentencing of Maurice Diggins, 36, of Biddeford, Maine, in federal court for his role in a series of racially motivated assaults against black men in Maine.

Diggins was sentenced by U.S. District Judge Nancy Torresen to 10 years in federal prison, followed by three years of supervised release. On March 10, 2020, following a three-day trial, a jury convicted Diggins of conspiring to commit hate crimes and of actually committing hate crimes.  

“The defendant committed a series of unprovoked violent attacks on innocent men because of those men’s race,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Today’s sentence, and the jury’s previous verdict in this case, demonstrate that the legal system will not tolerate such acts of racist violence. The Department of Justice will continue to prosecute race-based violations of our federal civil rights laws.”  

“In addition to doing grievous harm to individuals, hate crimes engender fear in communities,” said U.S. Attorney Halsey B. Frank of the District of Maine. “Violence has no place in Maine, and that is especially true of violence that is motivated by hate. Maine citizens, regardless of skin color, ethnicity, or sexual orientation have a right to live their lives free of harassment, much less physical violence. Today’s sentencing should make clear that we have no tolerance for hate crimes. I would like to thank the victims for their courage to confront their assailant, and our law enforcement officers at both the state and federal level who helped prosecute this important case.”

 “Mr. Diggins’ actions were cowardly and racially motivated. It is our hope that today’s sentence will  help his victims and their families with the healing process while also making it crystal clear  that we will not stand for violence, especially borne from hate,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Rest assured, the FBI and our law enforcement partners will aggressively pursue anyone who commits these violent acts to ensure the civil rights of all Americans are protected.”

According to evidence presented at trial, on April 15, 2018, defendant Diggins and his nephew, Dusty Leo (who previously pled guilty in connection with this case), committed two separate racially motivated assaults, one in Portland and one in Biddeford. In the Portland assault, which occurred just before 1:00 a.m., Diggins attacked a black Sudanese male without provocation, breaking the victim’s jaw. During that same incident, Diggins and Leo assaulted another black man who was standing nearby. Witnesses heard Diggins and Leo using racial epithets during the incidents.

In the second incident, which occurred approximately an hour later and approximately 20 miles away in Biddeford, defendant Diggins and Leo drove in Leo’s truck into the parking lot of a convenience store, where Diggins got out of the truck and approached a black man who was walking toward the store’s entrance. Diggins directed a racial slur at the man and distracted him while Leo got out of the truck and sucker-punched him in the jaw, knocking him to the ground. The unprovoked attack broke the victim’s jaw in several places.

The Biddeford Police Department and the FBI investigated the case. The case was prosecuted by Assistant U.S. Attorney Sheila Sawyer and Civil Rights Division Trial Attorney Tim Visser.

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    What GAO Found In fiscal year 2020, the Missile Defense Agency (MDA) made progress toward achieving its delivery and testing goals for some of the individual systems—known as elements—that combine and integrate to create the Missile Defense System (also known as the Ballistic Missile Defense System). However, MDA did not complete its overall planned deliveries or annual testing. The figure below shows MDA's progress delivering assets and conducting flight tests against its fiscal year 2020 plans. Percentage of Missile Defense Agency Planned Deliveries and Flight Tests Completed for Fiscal Year 2020 Deliveries— In fiscal year 2020, MDA delivered many assets it had planned. Specifically, MDA was able to deliver 82 missile interceptors for 3 elements. However, MDA was not able to deliver all planned interceptors, including one originally planned for 2018 for the Ground-based Midcourse Defense program, as the program experienced delays related to qualifying parts from a new supplier. Flight testing— MDA conducted two planned flight tests, but neither was successful. The issues were due to problems with non-MDA assets, but the agency was able to collect important data. In addition, COVID-19 restrictions also affected the planned schedule. However, the delays continue a trend of MDA's inability to conduct planned annual flight testing, resulting in assets and capabilities that are subsequently delayed or delivered with less data than planned. Ground testing— In fiscal year 2020, MDA continued to implement a new ground testing approach that the agency began in fiscal year 2019. In addition, MDA successfully completed three planned ground tests demonstrating defense capabilities for the U.S., U.S. forces and regional allies. However, MDA delayed two other ground tests to future fiscal years and expects disruptions in fiscal year 2021, in part due to ongoing COVID-19 disruptions. Cyber— Despite failing to meet annual operational cybersecurity assessments since 2017, MDA canceled its planned fiscal year 2020 operational assessments, instead taking steps to implement a new approach designed to improve cyber system requirements while streamlining cyber test planning. It is premature to assess whether this new approach will achieve its intended goals. Why GAO Did This Study For over half a century, the Department of Defense has funded efforts to defend the U.S. from ballistic missile attacks. This effort consists of diverse and highly complex land-, sea-, and space-based systems and assets located across the globe. From 2002 through 2019, MDA—the agency charged with developing, testing, integrating, and fielding this system of systems—received about $162.5 billion. The agency also requested about $45 billion from fiscal year 2020 through fiscal year 2024. In fiscal year 2020, MDA's mission broadened to include evolving threats beyond ballistic missiles such as defending against hypersonic missile attacks. With the inclusion of non-ballistic missile threats, the Ballistic Missile Defense System is in the process of transitioning to the Missile Defense System. Congress included a provision in statute that GAO annually assess and report on MDA's progress. This, our 18th annual review, addresses the progress MDA made in achieving fiscal year 2020 delivery and testing goals. GAO reviewed planned fiscal year 2020 baselines, along with program changes due to COVID-19 restrictions, and other program documentation and assessed them against responses to GAO detailed question sets and program and baseline reviews. GAO also interviewed officials from MDA and various Department of Defense Combatant Commands. We do not make any new recommendations in this report but continue to track the status of prior recommendations. For more information, contact John D. Sawyer at (202) 512-4841 or SawyerJ@gao.gov.
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  • VA Health Care: VA Needs to Continue to Strengthen Its Oversight of Quality of State Veterans Homes
    In U.S GAO News
    The Department of Veterans Affairs (VA) pays over $1 billion a year to state veterans homes (SVH)—homes owned and operated by the states—to provide nursing home care to approximately 20,000 veterans. In fiscal year 2019, VA paid SVHs $1.17 billion for an average daily census of 20,072 veterans (51 percent of the total veterans receiving nursing home care through VA). Further, VA projects its payments to SVHs will continue to increase; VA projects it will pay $1.7 billion to SVHs to provide care to veterans in fiscal year 2022. VA oversees the quality of care veterans receive at SVHs mainly through annual inspections that VA hires a contractor to perform. In its July 2019 report, GAO found that VA's SVH contractor performed the required annual inspections for all SVHs in 2018, but VA needed to take action to enhance its oversight of SVHs and to ensure that information on quality of care provided in this setting is publicly available to veterans. Specifically, GAO found the following: VA does not require its SVH contractor to identify all failures to meet quality standards during its inspections as deficiencies . For example, GAO found that VA allows its SVH contractor to cite some failures to meet quality standards as “recommendations,” rather than as deficiencies. VA officials said they do not track or monitor the nature of the recommendations or whether they have been addressed. As a result, VA does not have complete information on all failures to meet quality standards at SVHs and cannot track this information to identify trends in quality across these homes. VA is not conducting all monitoring of its SVH contractor. GAO found that, at the time of its review, VA had not monitored the SVH contractor's performance of inspections through regular observational assessments to ensure that contractor staff effectively determine whether SVHs are meeting required standards. Specifically, VA officials said they intended to observe the SVH contractor's inspections on a quarterly basis; however, at the time of GAO's review, VA officials could not recall when VA last observed the SVH contractor's inspections. In July 2020, VA provided information indicating that they will regularly monitor the SVH contractor's performance in conducting inspections through observational assessments. VA does not share information on the quality of SVHs on its website. GAO found that, while VA provides information on the quality of other nursing home care settings on its website, it does not do so for SVHs. According to VA officials, there is no requirement to provide information on SVH quality on its website, as SVHs are owned and operated by the states. VA is the only federal agency that conducts regular oversight inspection on the quality of care of all SVHs and, as a result, is the only agency that could share such quality information on its website. Veterans—like over a million other Americans—rely on nursing home care to help meet their health needs. For eligible veterans whose health needs require skilled nursing and personal care, VA provides or pays for nursing home care in three nursing home settings: the VA-owned and -operated community living centers, public- or privately owned community nursing homes, and state-owned and -operated SVHs. In fiscal year 2019, VA provided or paid for nursing home care for over 39,000 veterans. The majority of these veterans received care at SVHs. This statement summarizes the GAO's July 2019 report, GAO-19-428 , with a focus on issues related to SVHs. Specifically, it describes the: (1) use of and expenditures for SVHs, (2) inspections used by VA to assess the quality of SVH care and VA's oversight of the inspection process, and (3) information VA provides publicly on the quality of SVH care. As part of that work GAO analyzed VA data on expenditures for SVHs and interviewed VA officials. For this statement GAO reviewed expenditure and utilization data for fiscal year 2019. In its July 2019 report, GAO made three recommendations related to SVHs, including that VA require that all failures to meet quality standards are cited as deficiencies on SVH inspections. VA concurred with two recommendations and concurred in principle with the third. VA has addressed one recommendation and continued attention is needed to address the two remaining recommendations. For more information, contact Sharon M. Silas at (202) 512-7114 or silass@gao.gov.
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  • Retirement Security: Older Women Report Facing a Financially Uncertain Future
    In U.S GAO News
    In all 14 focus groups GAO held with older women, women described some level of anxiety about financial security in retirement. Many expressed concerns about the future of Social Security and Medicare benefits, and the costs of health care and housing. Women in the groups also cited a range of experiences that hindered their retirement security, such as divorce or leaving the workforce before they planned to (see fig.). Women in all 14 focus groups said their lack of personal finance education negatively affected their ability to plan for retirement. Many shared ideas about personal finance education including the view that it should be incorporated into school curriculum starting in kindergarten and continuing through college, and should be available through all phases of life. Women Age 70 and Over by Marital Status Note: Percentages do not add up to 100 percent due to rounding. Individual women's financial security is also linked to their household where resources may be shared among household members. According to the 2016 Survey of Consumer Finances, among households with older women, about 23 percent of those with white respondents and 40 percent of those with African American respondents fell short of a measure of retirement confidence, indicating their income was not sufficient to maintain their standard of living. The likelihood of a household reporting high retirement confidence rose in certain cases. For example among households of similar wealth, those with greater liquidity in their portfolio and those with defined benefit plan income were more likely to report high retirement confidence. Older adults represent a growing portion of the U.S. population and older women have a longer life expectancy, on average, than older men. Prior GAO work has found that challenges women face during their working years can affect their lifetime earnings and retirement income. For example, we found women were overrepresented in low wage professions, paid less money than their male counterparts during their careers, and were more likely to leave the workforce to care for family members. Taken together, these trends may have significant effects on women's financial security in retirement. GAO was asked to report on the financial security of older women. This report examines (1) women retirees' perspectives on their financial security, and (2) what is known about the financial security of older women in retirement. GAO held 14 non-generalizable focus groups with older women in both urban and rural areas in each of the four census regions. GAO also analyzed data from three nationally representative surveys—the 2019 Current Population Survey, the Health and Retirement Study (2002-2014 longitudinal data), and the 2016 Survey of Consumer Finances. For more information, contact Charles Jeszeck at (202) 512-7215 or jeszeckc@gao.gov.
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  • Farmworkers: Additional Information Needed to Better Protect Workers from Pesticide Exposure
    In U.S GAO News
    The U.S. Environmental Protection Agency (EPA) and states ensure compliance with the Agricultural Worker Protection Standard (WPS) primarily through inspections of farms. The states collect some information—such as the number of inspections they conduct—and provide that information to EPA as part of cooperative agreements between EPA and the states. The extent of use of the designated representative provision of the WPS, and its effect on the availability of pesticide information, are not known because EPA does not collect information on the use of the provision and does not coordinate with states to do so. EPA's guidance to states for conducting inspections encourages, but does not require, state inspectors to ask farmers and farmworkers about whether a designated representative has been used. EPA officials said that the agency has not asked states to collect information on the provision because the agency has focused on compliance with other aspects of the WPS. By coordinating with states, through the cooperative agreements or some another mechanism, to collect information on the use of the designated representative provision, EPA would be better positioned to determine whether the provision is serving its intended purpose. Some stakeholders have raised concerns about potential misuse of pesticide information, such as other farmers using the information obtained by a designated representative to gain a competitive advantage. However, EPA officials, state officials, and stakeholders told us they did not know of any instance in which a person serving as a designated representative misused the pesticide information obtained from farmers. Neither EPA's guidance nor its website explain the agency's expectations for appropriate use or describe how such information could be misused. EPA officials said that the agency has not explained what constitutes misuse. By explaining, in the agency's guidance, on its website, or through another mechanism, EPA's expectations about appropriate use of pesticide information obtained by designated representatives, including the misuse of such information, the agency could ensure designated representatives understand the importance of the information in reducing the consequences of pesticide exposure. Farmworkers Picking Strawberries at a Farm The use of pesticides contributes to U.S. agricultural productivity by protecting crops against pests or weeds, but this use may pose risks to human health. To reduce the consequences of pesticide exposure to farmworkers' health, EPA revised the WPS in 2015 to include a provision that allows a farmworker to identify a person who can request, for their benefit, certain pesticide information from their employer—this is called the designated representative provision. This report examines (1) what is known about the extent of use and effect of the designated representative provision on the availability of pesticide information and (2) what is known about any misuse of information obtained through the provision. GAO reviewed laws, regulations, and guidance, and interviewed officials from EPA and 13 selected states about how they implement and oversee compliance with the standard. GAO also interviewed stakeholders, such as farmer groups and farmworker advocacy groups. GAO is making two recommendations to EPA to (1) coordinate with states to collect information on the use of the designated representative provision and (2) take steps to explain, in guidance, on its website, or through another mechanism, the agency's expectations about appropriate use of pesticide information obtained by a designated representative and describe potential misuse of such information. EPA agreed, in part, to both recommendations. For more information, contact Steve D. Morris at (202) 512-3841 or morriss@gao.gov.
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  • Navy Ships: Timely Actions Needed to Improve Planning and Develop Capabilities for Battle Damage Repair
    In U.S GAO News
    What GAO Found The Navy has identified several challenges with using its regular maintenance capability (which restores ships to fully operational status) to provide battle damage repairs during a great power conflict. Challenges include—the lack of established doctrine for battle damage repair, unclear command and control roles, and a shortage of repair capacity. The Navy Process for Repairing Ships Damaged in Battle The Navy is in the early stages of determining how it will provide battle damage repair during a great power conflict. Eight organizations are responsible for the Navy's 15 battle damage repair planning efforts, however the Navy has not designated an organization to lead and oversee these efforts. Without designated leadership, the Navy may be hindered in its efforts to address the many challenges it faces in sustaining its ships during a great power conflict. The Navy develops ship vulnerability models during a ship's acquisition to estimate damage during a conflict. These models are also used to inform war games that refine operational approaches and train leaders on decision-making. However, the Navy does not update these models over a ship's decades-long service life to reflect changes to key systems that could affect model accuracy. As a result, it lacks quality data on ship mission-critical failure points to inform its analysis of battle damage repair needs. Without periodically assessing and updating its models to accurately reflect the ship's mission-critical systems, the Navy has limited its ability to assess and develop battle damage repair capabilities necessary to sustain ships in a conflict with a great power competitor. Why GAO Did This Study The ability to repair and maintain ships plays a critical role in sustaining Navy readiness. After the Cold War, the Navy divested many wartime ship repair capabilities. With the rise of great power competitors capable of producing high-end threats in warfare, the Navy must now be prepared to quickly salvage and repair damage to a modern fleet. House Report 116-120, accompanying a bill for the National Defense Authorization Act for Fiscal Year 2020, included a provision for GAO to assess the Navy's efforts to identify and mitigate challenges in repairing battle-damaged ships during a great power conflict. GAO's report (1) discusses the challenges the Navy has identified in using its regular maintenance capability for battle damage repair, and (2) evaluates the extent to which the Navy has begun developing the battle damage repair capability it requires to prevail in a great power conflict. GAO reviewed relevant guidance and assessed reports on naval war games and other documentation to identify challenges that may impede the planning and repair of battle-damaged ships and efforts to improve the repair capability for a great power conflict.
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    In U.S GAO News
    According to estimates from Department of Defense (DOD) survey data, roughly one-quarter of military spouses who were in the workforce and in career fields that required credentials (state licenses or certifications) were unemployed in 2017. In that same year, about one-quarter of spouses who were employed in credentialed career fields were working outside their area of expertise, and about one in seven were working part-time due to a lack of full-time opportunities—two potential indicators of underemployment. Employment outcomes for military spouses may also vary due to other factors, including their partner's rank and frequent moves, according to DOD survey data and GAO's literature review. In February 2020, the Defense State Liaison Office, which works on key issues affecting military families, assessed states' use of best practices that help military spouses transfer occupational licenses. For example, the Liaison Office found that 34 states could increase their use of interstate compacts, which allow spouses in certain career fields, such as nursing, to work in multiple states without relicensing (see figure). However, the Liaison Office does not plan to continue these assessments, or assess whether states' efforts are improving spouses' experiences with transferring licenses. As a result, DOD may not have up-to-date information on states' actions that help spouses transfer their licenses and maintain employment. Assessment by the Defense State Liaison Office of Number of States Using Interstate Compacts to Improve Military Spouse Employment DOD and the military services use a range of virtual and in-person outreach to promote awareness of employment resources among military spouses. For example, officials GAO interviewed at installations said they promoted resources through social media and at orientation briefings. Nonetheless, GAO found that inconsistent information sharing across DOD and with external stakeholders who help spouses with employment hindered the effectiveness of outreach. For instance, officials from two services said they do not have methods to regularly exchange outreach best practices or challenges, while officials from another service said they have quarterly staff calls to share lessons learned. Without strategies for sharing information among internal and external stakeholders, DOD may miss opportunities to increase spouses' awareness of available resources, and improve their employment opportunities. There were over 605,000 spouses of active duty servicemembers in the U.S. military as of 2018. These spouses may face conditions associated with the military lifestyle that make it challenging to start or maintain a career, including frequent moves and difficulties transferring occupational licenses. House Armed Services Committee Report 116-120 accompanying the National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to review several matters related to military spouse employment. This report examines (1) selected employment outcomes for military spouses, (2) DOD's efforts to evaluate states' licensing policies for spouses, and (3) DOD's outreach efforts to promote awareness of employment resources. GAO reviewed DOD documentation and 2017 survey data (most recent available), relevant literature, and federal laws; interviewed DOD and military services officials and relevant stakeholders; and spoke with staff at six military installations selected based on the numbers of servicemembers, among other factors. GAO is making two recommendations to DOD to continue assessing and reporting on states' efforts to help military spouses transfer occupational licenses, and to establish information sharing strategies on outreach to military spouses about employment resources. DOD concurred with both recommendations. For more information, contact Elizabeth Curda at (202) 512-7215 or curdae@gao.gov.
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  • Intellectual Property: CBP Has Taken Steps to Combat Counterfeit Goods in Small Packages but Could Streamline Enforcement
    In U.S GAO News
    The European Union (EU) and U.S. approaches to enforcing intellectual property rights (IPR) differ with respect to counterfeit goods in small packages, which are often sent through express carrier services or international mail. The EU uses a streamlined, application-based procedure to destroy suspected counterfeits in small packages. Through this procedure, rights holders request that member state customs authorities take action against such packages. The procedure allows customs authorities to bill rights holders for certain associated costs, and gives customs authorities discretion in sharing data with rights holders. In the U.S., U.S. Customs and Border Protection (CBP)—a component of the Department of Homeland Security (DHS)—is required to seize any goods it determines to be counterfeit, and typically destroys such goods, regardless of shipment size. CBP does not bill rights holders for the cost of enforcement, and is required to provide specific information to rights holders after seizure of goods. EU and U.S. customs officials reported common challenges in combating the flow of counterfeit goods in small packages. For example, EU and U.S. officials said the large volume of small packages makes it difficult for customs agencies to prioritize resources among competing needs such as drug enforcement and security. EU and U.S. officials also reported that a lack of adequate data on these packages is a challenge in taking enforcement action against them. Bags of Small Packages at Mail Facilities in Germany and France While CBP has taken steps to address these challenges, its primary enforcement processes are not tailored to combat counterfeit goods in small packages. According to CBP officials, from 2014 to 2018, CBP piloted a program to help address the volume of such packages by facilitating the abandonment of goods that it suspected—but had not determined—to be counterfeit. In 2019, CBP initiated a program to obtain additional data, and as of July 2020 had begun using these data to assess the risk that such packages contained counterfeit goods. However, CBP officials said that the seizure and forfeiture processes they are required to use for goods determined to be counterfeit are time and resource intensive. In April 2019, the White House required DHS to identify changes, including enhanced enforcement actions, to mitigate the trafficking of counterfeit goods. In January 2020, DHS proposed several actions that CBP could take, but CBP has not decided which to pursue to streamline its enforcement. Without taking steps to develop a streamlined enforcement approach, CBP will continue to face difficulty in addressing the influx of counterfeit goods in small packages. Counterfeit goods infringe on IPR, and can harm the U.S. economy and threaten consumer safety. CBP, the U.S. agency tasked with enforcement against counterfeits at the border, has reported that the annual number of small packages sent to the U.S. since fiscal year 2013 more than doubled, and small packages seized often contain counterfeit goods. The European Union Intellectual Property Office noted similar economic and consumer safety impacts in Europe, as well as increases in counterfeit goods in small packages. GAO was asked to review IPR enforcement practices in other advanced economies, and the extent to which CBP could apply those practices. This report examines: (1) how elements of the EU and U.S. approaches to combating counterfeit goods in small packages compare, (2) any enforcement challenges posed by these goods, and (3) the extent to which CBP has taken steps to address these challenges. GAO reviewed agency documents; interviewed CBP and customs officials in the EU; and met with private sector stakeholders, such as express carriers. GAO recommends that CBP take steps to develop a streamlined enforcement approach against counterfeit goods in small packages. CBP concurred with the recommendation. For more information, contact Kimberly Gianopoulos at (202) 512-8612 or gianopoulosk@gao.gov.
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