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Tag: U.S. Attorney

Whistleblower, Ex-Arizona U.S. Attorney Says His Office Was Cast As Scapegoat

Fprmer U.S. Attorney Dennis Burke

Steve Neavling
ticklethewire.com

Former Arizona U.S. Attorney Dennis Burke, who blew the whistle on the Fast and Furious gun investigation, said he leaked the information because he feared his superiors in Washington would unfairly blame the problems on his office, Main Justice reports.

During an Arizona State Bar disciplinary proceeding on March 27, Burke said his bosses were more concerned with political expediency than getting to the bottom of the problem.

Burke “believed that his office and employees were not being protected by DOJ, and that accurate and complete information was not being provided to the national media,” according to the disciplinary agreement.

Burke was issued a reprimand and accepted responsibility and agreed to $1,200 to reimburse the state bar, Main Justice wrote.

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FBI Probes Claims That Baltimore Police Falsify Reports to Build Cases

Steve Neavling
ticklethewire.com

The FBI is investigating claims that a plainclothes unit of the Baltimore Police Department falsified reports to help their cases, the Baltimore Sun reports.

The complaints come from Kendall Richburg, who served on the Violent Crimes Impact Section and was charged with federal drug and gun offenses.

The Sun reported that Richburg told authorities he was among many on the unit to falsify reports.

Assistant U.S. Attorney David Copperthite said Thursday that some cases of improper paperwork were found among his colleagues.

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Parker: U.S. Attorney Joe Hayes, A Contributor to the Rule of Law (1940-2013)

Ross Parker was chief of the criminal division in the U.S. Attorney’s Office in Detroit for 8 years and worked as an AUSA for 28 in that office. He is the author of the book “Carving Out the Rule of Law: The History of the United States Attorney’s Office in Eastern Michigan 1815–2008″.

Roy Hayes

 
By Ross Parker
ticklethewire.com

Roy C. (Joe) Hayes, the 45th United States Attorney for the Eastern District of Michigan (1986-89), died earlier this month.  Although his contributions extended to several other venues, it is this service that stands out for those of us who were privileged to work with and for him in the federal system.

Considering the epochal changes that occurred to the federal criminal justice system during his term, Joe’s common sense and leadership provided a steady hand at the Office tiller. Plus he was one of the nicest guys you could work for. His personal and professional history made a significant contribution to the rule of law in Michigan, in both the state and federal systems.

He was born on June 19, 1940 in Detroit, and he grew up in the city, where his father operated an advertising and public relations business.  At an early age, he was given the nickname “Joe,” and it stuck throughout his life among his friends and co-workers. He was graduated from the University of Notre Dame High School in 1958, and with his strong Irish and Roman Catholic background, he naturally chose to attend the University of Notre Dame, where he received a bachelor’s degree in 1962.  He then went to law school at the University of Detroit, graduating in 1965.

Joe was selected in 1966 to be the Editor of the Detroit Lawyer, the primary publication of the Detroit Bar Association.  During this same time, he served as public relations counsel of the State Bar of Michigan and of the Detroit Bar Association.  In 1967, a tumultuous time for the city, he became an Assistant Prosecuting Attorney in the Wayne County Prosecutor’s Office. 

He was soon assigned to a heavy schedule of trying major felony cases in one of the busiest criminal courts in the nation.  He developed an expertise in trying murder, arson and fraud cases.  In 1969 he left the office to be Assistant Director of the Crime Control Project for the American Bar Association in Chicago.  The experience of working under the direction of famed trial lawyers Leon Jaworski and Edward Bennett Williams left a strong impression on him.

From 1970 until 1975, Joe Hayes headed the Wayne County Organized Crime Task Force in Detroit.  As the director of the operation, he supervised a task force of prosecutors and law enforcement officers who investigated major corruption. His most important case of was the 10th Precinct Police Corruption trial, which involved one of the longest trials in Michigan history.  The nine-month trial involved the first use of metal detectors in a Michigan courtroom.  The case resulted in the conviction of fourteen police officers and six drug traffickers.

Ross Parker

In January 1976, he left the task force to accept the appointment as Charlevoix County Prosecuting Attorney.  In 1978 he formed the law firm of Hayes and Beatly in Charlevoix and, for seven years, engaged in a diverse legal practice, which he left in 1986 to become United States Attorney.

Few USAs have managed the changes and challenges Joe Hayes faced in his term. The biggest of these was probably the Sentencing Reform Act which caused one of the most important changes in the federal criminal justice system in the twentieth century.  Under the prior “indeterminate” sentencing system, there were almost no limitations on the range of sentences a judge could impose for a particular offense committed by a particular defendant.  The result was a wide disparity of sentences for similarly situated defendants.  The other complaint about this system was that defendants were eligible for parole after serving only one-third of their sentence.  That fact plus a generous good time system made the actual time served by an offender impossible to predict until his or her release on parole.

The Sentencing Guidelines system tried to avoid disparity, uncertainty and unfairness by requiring judges to impose sentences within a narrow range.  The Sentencing Commission developed a time grid based on the category of the offense and the criminal record of the offender. 

The defendant would serve “real time” sentences, minus the prescribed good time allowance. Parole was replaced by a mandatory period of supervised release tacked on after an inmate left prison. Although it had several important benefits, the system was incredibly complicated and many practitioners predicted disastrous chaos. Plus mandatory minimums could be indiscriminately harsh. AUSAs faced criticism for the new system on a daily basis. Joe’s patience and encouragement got us through a challenging time of adjustment.

 

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Former Detroit U.S. Attorney Roy Hayes Dies at 73

Roy Hayes

By Allan Lengel
Deadline Detroit

DETROIT -- Roy C. (Joe) Hayes was one of those U.S. Attorneys who took the job seriously, but seemed to enjoy what he did while keeping a pretty good sense of humor about him.

I got to know Joe when I was a reporter at the Detroit News covering the federal courthouse. He loved to schmooze and he seemed to be the kind of guy who got what he wanted. He died Thursday of pneumonia in Charlevoix at age 73, according to the Detroit Free Press.

In 1985, he became the U.S. Attorney in Detroit at age 44. He was appointed by President Ronald Reagan. He came with some experience in that area. He had been with the Wayne County Prosecutor’s Office where he battled corruption, organized crime, violent crime and fraud.

As U.S. Attorney, his office prosecuted some high profile cases including the Chambers Brothers crack-cocaine gang, which dominated the city’s east side. Hayes himself was the co-prosecutor on the case, which I ended up covering for the News. His office also oversaw the massive investigation into corrupt judges in Detroit’s 36th District Court and Recorder’s Court.

Joe loved a good laugh and he used always kid me about the “Grey Rabbit,” a hippie bus I once took in college during winter break from Portland, Ore., to Indianapolis (I had to take a Greyhound on the final leg of the journey to Detroit.) I told him the amusing story about the Grey Rabbit, which included a passenger in front of me “borrowing” my tooth brush. I never used it again after it left my possession.

To read more click here.

Audit: Justice Department Overstates Terrorism Conviction Statistics

Steve Neavling
ticklethewire.com 

The Justice Department grossly overstated the number of terrorism convictions and made other inaccuracies because of shoddy record keeping, a federal audit has found, the Washington Post reports.

Justice Department Inspector General Michael E. Horowitz concluded in a report that the federal agency, which has 93 U.S. attorneys’ offices, over-reported the number of defendants who had been found guilty of terrorism.

The number was overstated by 13% in 2009 and 26% in 2010, the Post wrote.

The investigation found other significant errors in record keeping, according to the Post.

Detroit’s U.S. Attorney Barbara McQuade Knew Feds Would Be Subject to Some Ridicule in Hoffa Dig

Featured_mcquade3_6597U.S. Attorney Barbara McQuade
By Allan Lengel
Deadline Detroit

DETROIT — Things haven’t been dull for Barbara McQuade.

Right after being sworn in as the Detroit U.S. Attorney in January 2010, she started dealing with the “Underwear Bomber” case involving Umar Farouk Abdulmutallab, who tried to detonate an explosive aboard a Detroit-bound plane on Christmas day.

Later that year, her office indicted ex-Detroit Mayor Kwame Kilpatrick.

This year, her staff scored a major victory, convicting Kilpatrick, his buddy Bobby Ferguson and his dad Bernard Kilpatrick.  She was involved in the decision that lead to the FBI digging for Jimmy Hoffa in June. And her prosecutors continue to investigate corruption in Wayne County government.

In a wide-ranging interview, McQuade, who has been a prosecutor in the office for 15 years,  sat down with Deadline Detroit to talk about public corruption, terrorism,  Hezbollah’s links to Metro Detroit,  Kwame Kilpatrick’s upcoming sentencing, the Hoffa mystery, the credibility of ex-mobster Tony Zerilli who provided the latest tip as to Hoffa’s whereabouts, and what went into the decision to dig for the legendary union leader recently in Oakland Township.

“We knew there’d be some ridicule, like ‘Oh my gosh, they’re digging for Hoffa again,” she says.

The following interview was condensed and the questions were edited for clarity.

DD: Can we expect more indictments out of City Hall?

McQuade: I don’t know about city hall per se. I guess I wouldn’t want to comment on that. The pension fund case is pending and we’ll go to trial early part of next year. It’s no secret that we’re currently investigating Wayne County government because that has all been very public despite our efforts to do our best make sure we protect the integrity of people involved in that investigation. I think there have been six defendants convicted to date in that investigation.

DD: I noticed in the paper that former U.S. Attorney Jeff Collins, who works for Bob Ficano, has asked you for a letter for Ficano saying he’s not a target of the investigation. Apparently he’s not gotten one. Is there a reason not to issue a letter?

McQuade: I don’t want to comment on that other than we are investigating all aspects of Wayne County and we don’t know yet where the evidence may lead us. So people should not infer anything positive or negative from that.

DD:  It’s unusual for a federal judge to detain a defendant in a white collar case before sentencing. Were you surprised Judge Nancy Edmunds detained Kwame Kilpatrick?

McQuade: We thought we had a reasonable chance of that outcome.  I don’t know I expected that outcome. I wasn’t stunned in light of the history he had in the state court with flouting court orders.

DD: Have you seen that before in a white collar case?

McQuade: From time to time people get detained in white collar cases. I agree with you that it is more rare. There was no argument that he was a danger to the community and more often, those are the kind of defendants who get detained.  This was more along the lines of risk of flight and a history of not complying with court orders.

DD: How involved was the Justice Department with the Kwame case and how worried were they about pulling the trigger and indicting?

McQuade: Not much at all.  The Justice Department does get involved in certain kinds of cases with national implications. For example, the Abdulatalab case (Underwear Bomber), which was an international terrorism case. They were very involved in that and wanted to be kept apprised at every step of the way and we needed approval from them every step of the way.  The Kilpatrick case much less so. Really we were notifying them of significant events in that case.  But other than that, they really let us run that case on our own.

Featured_22_33_49_874_bernard_kilpatrickBernard Kilpatrick

DD: You indicted Bernard Kilpatrick, Kwame’s dad, who worked as a business consultant for city contractors. I know prosecutors sometimes worry the jury might be more sympathetic when they see a family unit on trial.  Was that something that was debated?

McQuade: I guess I don’t want to talk about specifics of what we debated. But you’re absolutely right that those are always the kinds of things that you think about: How does this affect the jury’s perception of the case? Are we overreaching in any way? But we felt very strongly about charging Bernard Kilpatrick because we thought the evidence against him was very strong. Ultimately, the jury was hung on him with respect to RICO charges but did convict him of the tax charges. There was wire tap evidence, video evidence, that we thought was very strong that (showed) he was just not a participant but a leader in this activity.

DD: Do you think in his case or others the laws involving lobbying and consulting are too vague?

McQuade: Well, sometimes the lines are unclear about what is permitted and what is not permitted. But the evidence we thought in this case was very strong that there was no gray matter, that this was misconduct. But as I said, reasonable minds can disagree.

DD: A lot of people were happy to see the indictment, but some supporters of his  wondered if it was racially motivated. Did you feel pressure if he walked that it would bolster his cries of racism?

McQuade: I wasn’t worried about it. Defendants always have some argument about why they’re being unfairly targeted.  That’s a fairly common tactic. Certainly it was an important case for the city of Detroit. And so we did feel strongly and had great hopes the jury would see it our way and convict him.  If he had not been held accountable I think it would have sent a terrible message to the entire city of Detroit and the entire community.

To read full interview click here.

Detroit U.S. Attorney Barbara McQuade: We Expected Some Ridicule From the Dig For Jimmy Hoffa

Featured_mcquade3_6597U.S. Attorney Barbara McQuade

By Allan Lengel
Deadline Detroit

DETROIT — Things haven’t been dull for Barbara McQuade.

Right after being sworn in as the Detroit U.S. Attorney in January 2010, she started dealing with the “Underwear Bomber” case involving Umar Farouk Abdulmutallab, who tried to detonate an explosive aboard a Detroit-bound plane on Christmas day.

Later that year, her office indicted ex-Detroit Mayor Kwame Kilpatrick.

This year, her staff scored a major victory, convicting Kilpatrick, his buddy Bobby Ferguson and his dad Bernard Kilpatrick.  She was involved in the decision that lead to the FBI digging for Jimmy Hoffa in June. And her prosecutors continue to investigate corruption in Wayne County government.

In a wide-ranging interview, McQuade, who has been a prosecutor in the office for 15 years,  sat down with Deadline Detroit to talk about public corruption, terrorism,  Hezbollah’s links to Metro Detroit,  Kwame Kilpatrick’s upcoming sentencing, the Hoffa mystery, the credibility of ex-mobster Tony Zerilli who provided the latest tip as to Hoffa’s whereabouts, and what went into the decision to dig for the legendary union leader recently in Oakland Township.

“We knew there’d be some ridicule, like ‘Oh my gosh, they’re digging for Hoffa again,” she says.

The following interview was condensed and the questions were edited for clarity.

DD: Can we expect more indictments out of City Hall?

McQuade: I don’t know about city hall per se. I guess I wouldn’t want to comment on that. The pension fund case is pending and we’ll go to trial early part of next year. It’s no secret that we’re currently investigating Wayne County government because that has all been very public despite our efforts to do our best make sure we protect the integrity of people involved in that investigation. I think there have been six defendants convicted to date in that investigation.

DD: I noticed in the paper that former U.S. Attorney Jeff Collins, who works for Bob Ficano, has asked you for a letter for Ficano saying he’s not a target of the investigation. Apparently he’s not gotten one. Is there a reason not to issue a letter?

McQuade: I don’t want to comment on that other than we are investigating all aspects of Wayne County and we don’t know yet where the evidence may lead us. So people should not infer anything positive or negative from that.

DD:  It’s unusual for a federal judge to detain a defendant in a white collar case before sentencing. Were you surprised Judge Nancy Edmunds detained Kwame Kilpatrick?

McQuade: We thought we had a reasonable chance of that outcome.  I don’t know I expected that outcome. I wasn’t stunned in light of the history he had in the state court with flouting court orders.

DD: Have you seen that before in a white collar case?

McQuade: From time to time people get detained in white collar cases. I agree with you that it is more rare. There was no argument that he was a danger to the community and more often, those are the kind of defendants who get detained.  This was more along the lines of risk of flight and a history of not complying with court orders.

DD: How involved was the Justice Department with the Kwame case and how worried were they about pulling the trigger and indicting?

McQuade: Not much at all.  The Justice Department does get involved in certain kinds of cases with national implications. For example, the Abdulatalab case (Underwear Bomber), which was an international terrorism case. They were very involved in that and wanted to be kept apprised at every step of the way and we needed approval from them every step of the way.  The Kilpatrick case much less so. Really we were notifying them of significant events in that case.  But other than that, they really let us run that case on our own.

Featured_22_33_49_874_bernard_kilpatrickBernard Kilpatrick

DD: You indicted Bernard Kilpatrick, Kwame’s dad, who worked as a business consultant for city contractors. I know prosecutors sometimes worry the jury might be more sympathetic when they see a family unit on trial.  Was that something that was debated?

McQuade: I guess I don’t want to talk about specifics of what we debated. But you’re absolutely right that those are always the kinds of things that you think about: How does this affect the jury’s perception of the case? Are we overreaching in any way? But we felt very strongly about charging Bernard Kilpatrick because we thought the evidence against him was very strong. Ultimately, the jury was hung on him with respect to RICO charges but did convict him of the tax charges. There was wire tap evidence, video evidence, that we thought was very strong that (showed) he was just not a participant but a leader in this activity.

DD: Do you think in his case or others the laws involving lobbying and consulting are too vague?

McQuade: Well, sometimes the lines are unclear about what is permitted and what is not permitted. But the evidence we thought in this case was very strong that there was no gray matter, that this was misconduct. But as I said, reasonable minds can disagree.

DD: A lot of people were happy to see the indictment, but some supporters of his  wondered if it was racially motivated. Did you feel pressure if he walked that it would bolster his cries of racism?

McQuade: I wasn’t worried about it. Defendants always have some argument about why they’re being unfairly targeted.  That’s a fairly common tactic. Certainly it was an important case for the city of Detroit. And so we did feel strongly and had great hopes the jury would see it our way and convict him.  If he had not been held accountable I think it would have sent a terrible message to the entire city of Detroit and the entire community.

To read full interview click here.

ATF’s B. Todd Jones Faces Tough Questions Tuesday from Senate Judiciary Committee about

Todd Jones

Steve Neavling
ticklethewire.com

Minnesota U.S. Attorney B. Todd Jones’s nomination to head the ATF has become mired in congressional politics, the Minneapolis Star Tribune reports.

Nearly six months after he was mentioned as a candidate, Jones is expected to face tough questions from Republicans on the Senate Judiciary Committee.

“I am looking forward to meeting with the committee and answering all their questions,” Jones told the Star Tribune.

Republicans say they are concerned about his leadership as a temporary ATF head and his positions on gun-control.

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