Overview:
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Part of the Department of Justice, the United States Attorneys serve as the nation’s principal litigators under the direction of the Attorney General. Ninety-three attorneys are stationed throughout the US, as well as Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands, representing the chief federal law enforcement officer within their jurisdiction. US Attorney’s Office districts are synonymous with the judicial districts within the United States. US Attorneys are all appointed by the President for four-year terms, and thus they serve at his pleasure. In 2007, the US Attorneys became the focal point of the one biggest controversies of the Bush administration when it was revealed that several prosecutors were allegedly fired for political reasons. The scandal resulted in the resignation of Attorney General Alberto Gonzales.
History:
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The office of US Attorneys actually predates its parent agency, the Department of Justice (DOJ). The Judiciary Act of 1789 created the US Attorney office and provided for the appointment in each judicial district of a “person learned in the law to act as attorney for the United States ... whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned.”
Before the establishment of the DOJ, the US Attorneys functioned independently of the Attorney General (AG). Only in 1870, with the passage of legislation creating the DOJ, did the attorneys come under the AG’s supervision.
What it Does:
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The United States Attorneys serve as the nation’s principal litigators under the direction of the Attorney General. The 93 United States Attorneys are stationed throughout the US, as well as Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands. One of the most important roles of a US Attorney is that he/she is the “chief federal law enforcement officer of the United States within his or her particular jurisdiction.” US Attorney’s Office districts are synonymous with the judicial districts within the United States. These districts were originally determined by the Judiciary Act of 1789, which divided the country into 13 judicial districts. New districts are added as a result of factors including but not limited to population, politics (including the influence of the senators of the state), economic activity and commercial activity. These districts are created by Congress.
US Attorneys are all appointed by the President for four-year terms. The Judicial Conference of the United States also makes important recommendations on individuals nominated for these posts.
The US Attorney’s Office exists as a government agency because there are trials in which the United States will be involved as a party. In these cases, the attorneys conduct the trial work. In general, the attorneys serve in order to further the interests of the United States via its three statutory responsibilities: “the prosecution of criminal cases brought by the federal government; the prosecution and defense of civil cases in which the United States is a party; and the collection of debts owed the federal government which are administratively uncollectible.”
The US Attorney’s Office is divided into three divisions—tax, criminal and civil. The Criminal Division investigates and prosecutes federal crimes, including but not limited to terrorism, violent offenses, drug trafficking, public corruption, computer crimes, as well as white collar and organized crime. The Civil Division represents the United States in affirmative civil actions brought against individuals, business entities and other civil defendants. And the Tax Division handles both civil and criminal tax cases.
The Office of US Attorneys also manages the Office of Legal Education. This office provides programs for federal government personnel to learn at the National Advocacy Center (NAC). The NAC trains federal, state and local prosecutors and litigators in advocacy skills and management of legal operations; more than 10,000 are trained annually.
Another office maintained under the US Attorneys is the Office of the Victims' Rights Ombudsman. This office investigates complaints filed by crime victims against its employees and it implements Procedures to Promote Compliance with Crime Victims' Rights Obligations.
13 Representative US Attorneys’ Cases
Corruption Probe Implicates Former Congressman, CIA Official
Two indictments were handed down against San Diego defense contractor Brent R. Wilkes, who was accused of corruption involving former Congressman Randall “Duke” Cunningham and former CIA Executive Director Kyle “Dusty” Foggo.
The first indictment charged Wilkes with providing more than $700,000 to Cunningham in return for the former Congressman’s help in steering government contracts to Wilkes’s company, ADCS, Inc., in Poway, California. According to Assistant US Attorneys, Wilkes allegedly paid the bribes to Cunningham in the form of cash, checks, meals, limousine service, corporate jet travel, lodging, furnishings, boats and marine equipment, prostitution services, vacations and entertainment. Cunningham failed to disclose any of these benefits on the Financial Disclosure Statements that he filed with the House of Representatives. In return for receiving these bribes, the indictment alleged that Cunningham used his public office for nearly a decade to influence the awarding of more than $100 million in defense contracts to Wilkes.
The second indictment charged that Foggo used his seniority and influence within the CIA to steer contracts to his life-long friend, Wilkes. The indictment alleged that Wilkes and Foggo carried out their scheme by using shell companies and straw men to conceal Wilkes’ role and interest and to launder the proceeds of their fraud. US Attorneys claimed Foggo received tens of thousands of dollars in various meals, gifts, and vacations and a standing offer of a senior executive position with Wilkes’s company. None of these benefits were disclosed by Foggo on the Financial Disclosure Statements that Foggo filed with the CIA. The indictment further alleged that Foggo not only used his position to influence the awarding of CIA contracts but also used his position to assist Wilkes in obtaining money from other CIA contractors.
Defense Contractor Brent Wilkes Indicted, Corruption Charges Involving Former CIA Executive Director Kyle “Dusty” Foggo and Former Congressman Randy “Duke” Cunningham (DOJ Press Release)
Chiquita Indicted for Paying Terrorists
Chiquita Brands International, Inc. (“Chiquita”), a multinational corporation incorporated in New Jersey and headquartered in Cincinnati, OH, pleaded guilty in the US District Court for the District of Columbia to one count of engaging in transactions with a “specially-designated global terrorist.” Under the terms of the plea agreement, Chiquita’s sentence included a $25 million criminal fine, the requirement to implement and maintain an effective compliance and ethics program and five years’ probation. Chiquita also has agreed to cooperate in an ongoing investigation.
The plea agreement arose from payments that Chiquita had made for years to the violent, right-wing terrorist organization United Self-Defense Forces of Colombia–an English translation of the Spanish name of the group, “Autodefensas Unidas de Colombia” (AUC). The AUC was designated by the US government as a Foreign Terrorist Organization on September 10, 2001, and as a Specially-Designated Global Terrorist (SDGT) on October 31, 2001. These designations made it a federal crime for Chiquita, as a US corporation, to provide money to the AUC.
Chiquita Brands International, Inc., Pleads Guilty to Making Payments to a Designated Terrorist Organization and Agrees to Pay a $25 Million Fine (DOJ Press Release)
Singaporean, Indonesian Nationals Plead Guilty to Helping Tamil Tigers
Haniffa Bin Osman, 55, a citizen of Singapore, Haji Subandi, 69, a citizen Indonesia, and Erick Wotulo, 59, a citizen of Indonesia and a retired Indonesian Marine Corps General, all pleaded guilty to conspiracy to provide material support to the Tamil Tigers, a designated foreign terrorist organization. Money laundering and attempts to export arms were among the charges brought by US Attorneys.
Singapore Man Pleads Guilty To Conspiracy To Provide Material Support To A Foreign Terrorist Organization And Money Laundering (DOJ Press Release)
Indonesian Man Pleads Guilty To Conspiracy To Provide Material Support To A Foreign Terrorist Organization, Money Laundering And Attempted Export Of Arms (DOJ Press Release)
Indonesian Man Pleads Guilty To Conspiracy To Provide Material Support To A Foreign Terrorist Organization And Money Laundering (DOJ Press Release)
Isley Brothers Singer Busted for Tax Evasion
A federal jury in Los Angeles convicted singer-songwriter Ronald Isley of five counts of tax evasion and one count of willful failure to file a tax return for concealing millions of dollars of income from the Internal Revenue Service. During a three-week trial with almost 20 witnesses, federal prosecutors showed that Isley received millions of dollars in cash and spent his money on a luxurious lifestyle. From 1997 through 2002, Isley evaded the payment of more than $3 million in federal income taxes.
Isley evaded the payment of income taxes in a variety of ways, including depositing and using for his own benefit royalty checks that were issued to other Isley Brothers-related entities and persons, including Okelly Isley, Isley’s deceased brother. Isley also required that one-half of the guaranteed fee for each tour date be delivered to him in cash on the date of the performance. While on tour, Isley paid his musicians and performers in cash, making it difficult to determine how much cash Isley retained from the up-front fee. The balance of the tour performance fees were generally deposited into a bank account in the name of Isley Brothers Music Corporation. The prosecutors argued to the jury that Isley created a vast web of bank accounts and shell companies that he used to conceal his income.
Isley Brothers Singer Convicted on Federal Tax Evasion Charges (DOJ News Release)
Smuggler Sentenced for Killing Immigrants
Zhivargo McBride, 25, was sentenced to 15 years in prison following his conviction on three counts of second degree murder, eight counts of alien smuggling for profit, three counts of bringing in aliens at a place other than a designated port of entry resulting in death, and one count of bringing in aliens at a place other than a designated port of entry resulting in serious bodily injury. McBride, a Bahamian citizen, is subject to deportation and removal from the United States upon his release from prison.
McBride captained a boat containing eight illegal aliens attempting to reach the United States from the Bahamas. As the vessel approached the beach in Broward County, Florida, McBride ordered the aliens off the boat and into deep, rough ocean water. Ultimately, one alien was seriously injured when he was struck by the boat’s propeller and three aliens drowned while attempting to reach shore.
Alien Smuggler Recieves 180 Months Sentence for the Deaths of Three Immigrants who Drowned and Washed Ashore (DOJ Press Release)
Saudi Sentenced for Pedophilia
Nabil Al Rowais, 37, of Saudi Arabia, was sentenced to a term of seven years in federal prison and supervised release for a period of eight more years for traveling to the United States for the purpose of engaging in illicit sexual conduct with a minor.
Saudi Man Sentenced for Traveling From Saudi Arabia to Vallejo, CA to Engage in Illicit Sexual Conduct with a 2 ½ year old minor (DOJ Press Release)
eBay Defrauders Sentenced in Scam
Rachel Reyes, 29, of Williamsburg, VA, was sentenced to 55 months in prison, three years of supervised release, and ordered to pay $415,754.84 in restitution in connection with her role in distributing fraudulent celebrity memorabilia items on eBay. According to court documents, Rachel Reyes, her husband Jeffrey Reyes, and her mother, Nancy Selisker, operated their own eBay accounts for the sale of the counterfeit memorabilia, which included record albums and photographs of celebrities with forged signatures. To conduct the fraud scheme, the three defendants purchased unsigned memorabilia from various locations in Virginia and then forged celebrity signatures on those items. The items subsequently posted the items for auction on eBay's Internet website. The listings falsely described these items as authentic and offered fraudulent certificates of authenticity.
Husband and Wife Sentenced in Worldwide eBay Fraud Scheme Involving Over 5,000 Victims (DOJ Press Release)
Mississippians Face Prison Term for Katrina Fraud
Steven J. Miller of Gulfport, MS, was sentenced to serve six months in prison followed by two years of supervised release for FEMA Fraud. Miller was also ordered to pay $4,358in restitution to FEMA. Miller pled guilty in December 2006 to submitting a false claim to FEMA for Hurricane Katrina disaster assistance funds. Miller caused $4,358 to be mailed from FEMA by providing a false address in Gulfport and claiming hurricane damage at that address.
Prison Term For FEMA Fraud In Mississippi (DOJ News Release)
Engraving Official Sentenced for Stealing Currency
A former Bureau of Engraving and Printing employee, David C. Faison, was sentenced to nine months in prison for stealing 21 sheets of partially printed $100 bills with a face value of $67,200 from the US Bureau of Engraving and Printing. Faison, 56, was also ordered to pay restitution in the amount of $37,200, which was the total amount of partially printed $100 bills he placed into circulation before law enforcement agents searched his house and recovered more than nine sheets of partially printed $100 bills hidden in a roll of wrapping paper in his closet.
Former Bureau of Engraving and Printing Employee Sentenced to Prison for Stealing $67,200 of Partially Printed $100 Bills (DOJ Press Release)
State Senator Indictment on Corruption
New Jersey State Senator Wayne R. Bryant was indicted by a federal grand jury, accused of unlawfully using his power and influence to obtain a paid, no-work job at the University of Medicine and Dentistry’s School of Osteopathic Medicine in exchange for lobbying and bringing millions of dollars in extra funding to the school, and using that job and others to fraudulently nearly triple his state pension.
Copy of Federal Indictment (DOJ News Release)
Senator Wayne Bryant Indicted for Obtaining Corrupt Benefits and for Scheme to Fraudulently Pad Pension (DOJ News Release)
Inmate Sentenced for Murdering Cell Mate
Carlos Caro, 40, formerly a prisoner at the US Penitentiary in Lee County, Virginia, was sentenced to death for the first degree murder of his cell mate. Caro was the first person to be sentenced to death by a federal jury in the Western District of Virginia in recent history.
Former Lee County Inmate Sentenced to Death (DOJ Press Release)
Diplomat Sentenced for Threatening Arabs
W. Patrick Syring, a former Foreign Service officer with the State Department, was sentenced in federal court in Washington, DC, on federal civil rights charges of threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring was sentenced to two concurrent sentences of 12 months of imprisonment followed by 3 years of post-release supervision and 100 hours of community service, and was ordered to pay a $10,000 fine.
Syring, 50, pleaded guilty to a federal civil rights charge for race- and national origin-based interference with the victims’ federally protected right to employment and to a second charge for the interstate transmission of threatening communications. Syring admitted that in July 2006 he sent a series of threatening email and voicemail communications to six employees of AAI, a nonprofit organization that promotes Arab-American participation in the US electoral system and public policy issues. Syring also admitted that he intended to intimidate the victims and interfere with their employment because of their race as Arab-Americans and their national origin as Lebanese-Americans.
An additional email from Syring condemned AAI for a fatal shooting at the Jewish Federation of Greater Seattle in July 2006 that was committed by a lone gunman who had no affiliation with AAI.
Former Foreign Service Officer Sentenced on Federal Civil Rights Charges (DOJ News Release)
Former Pentagon Official Sentenced for Spying
Gregg William Bergersen, 51, of Alexandria, Virginia, was sentenced to 57 months in prison and three years of supervised release for conspiracy to disclose national defense information to a Chinese spy. The criminal conduct occurred while Bergersen was a weapons systems analyst at the Defense Security Cooperation Agency, an agency within the Department of Defense. Bergersen provided national defense information on numerous occasions to Tai Shen Kuo, a naturalized US citizen and a New Orleans businessman. Much of the classified information pertained to American military sales to Taiwan.
During the course of the conspiracy, Kuo cultivated a friendship with Bergersen, bestowing on him gifts, cash payments, dinners and money for gambling during trips to Las Vegas. Unbeknownst to Bergersen, Kuo passed along to an official of the government of the People’s Republic of China (PRC) the information Bergersen had provided him. As described in court documents, Kuo operated within the United States under the PRC official’s direction, committing numerous acts of espionage during the time period of the conspiracy.
(DOJ News Release)
Controversies:
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Eight US Attorneys Dismissed
In 2007 the Justice Department and the Bush administration were rocked by allegations that numerous US Attorneys were fired for political reasons. Circumstances surrounding the dismissal of two US Attorneys led individuals to question whether these prosecutors were fired as a result of their incompetence or for pursuing or failing to pursue politically charged cases, including ethics scandals and voter fraud investigations
Former US Attorney David Iglesias of New Mexico considers his dismissal “a political hit” because he refused to file corruption charges against the Democratic Party. Another fired prosecutor, Carol Lam of San Diego, had convicted Randy Cunningham, a former Republican congressman now serving eight years in prison, before she was dismissed.
As a result of the scandal, the US Attorney’s Office, the Department of Justice and several Bush administration officials were investigated. Among these was the President’s top political advisor, Karl Rove. Then Attorney General Alberto Gonzales also was heavily scrutinized regarding his knowledge of the firings. He eventually resigned.
Justice officials go to the Hill; White House backs Gonzales anew (Associated Press)
E-mail Shows Rove’s Role in Fate of Prosecutors (by David D. Kirkpatrick and Jim Rutenberg, New York Times)
(by David Johnston and Eric Lipton, New York Times)
- Table of Contents
- Overview
- History
- What it Does
- Where Does the Money Go
- Controversies
- Suggested Reforms
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Founded: 1789
Annual Budget: $1.6 billion
Employees: 11,591
Official Website: http://www.usdoj.gov/usao/
United States Attorneys
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