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To supplement Chapter 2 Soldiers' and Airmen’s Home §41-70. 1 police officer per 1,000 residents is considered normal. 1.5 million police officers in a population of 330 million is 4.5 police officers per 1,000 residents, (un?) justified by the three full-time shifts and part-time employees it takes to operate 24 hours a day. 2.2 million people are behind bars in the United States, the most in the world, with 693 detainees per 100,000 residents, the second most concentrated, in a world with a norm of 144 and arbitrary legal limit of 250 detainees per 100,000 residents. The prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, before going down to 2,217,947 (696 per 100,000) in 2014. The federal prison population increased to a high of 219,298 in 2013 before decreasing to 183,191 in 2017. The Judiciary must abolish the mandatory minimum sentencing of the U.S. Sentencing Commission pursuant to Blakely v. Washington (2004) and reduce statutory maximum sentencing for non-violent drug offenders occupying 52% of Federal Prison and release civil, political and diplomatic detainees. Justice Department congressional budget authority decline from a high of $50.8 billion FY 15 to $38.1 billion FY 19, due to the $2.361 billion victim compensation cap. The Justice Department is minimally responsible for $28.0 billion spending limit FY 18 and FY 19 cost overruns. The summary of appropriations and agency descriptions must be consolidated into one pdf congressional budget justification. Community Relations Service terminates FY 19. The Office of Violence against Women FY 19 will be entirely financed by the Crime Victim Fund, that at 2.5% annual growth in collections, can afford to wait until 2032 to turn a surplus. Office of Justice Programs (OJP) spending went down -30% FY 17- FY 18 as the result of a -22.1% reduction in state and local law enforcement financing, while Community Oriented Policing Service (COPS) increased 36.6% FY 17 – FY 18. All extra-jurisdictional police finance must be abolished. Recidivism is reduced from 66% to 50% with vocational certificates, to 35% with Associate degree to 0% in those who earned a post-conviction Bachelor degree. Journalistic, commercial, medical and government sources must be protected against the $10,000 per day fine for rejecting the Communication Assistance for Law Enforcement Act, backdoor, that needs to be repealed to protect against corrupt police investigation under 18USC§2522. Civil action against state officials under 18USC§2707 is afforded with mandatory minimum 12.4% OASDI payroll tax on state employees under Title I of the Social Security Act and requiring a Bachelor degree for employment in law enforcement or corrections. Civil action against the federal government under 18USC§2712 must require a Bachelor degree and exclude marijuana from pre-employment drug test to justify repealing the Authority for Employment of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) Senior Executive Service under 5USC§3151-§3152, Office of Special Counsel, Interagency Drug and Crime Enforcement, National Office of Drug Control Policy, International Narcotic Control and Law Enforcement, and Immigration and Customs Enforcement. The 20-week tuition for Quantico Federal Police Academy, fees for the Forensic Laboratory and Uniform Crime Reporting, are all that is left of these organizations for the criminal division to protect.

 

Be it enacted in the House and Senate Assembled

 

Ninth annual ed. 4 July 2010. 13 August 2011, 10th ed. 5 February 2015, 11th ed. July 2016, 12th 18 March 2018, 13th 19 January 2019

 

1. This book supplements Title 24 US Code Chapter 2 §41-70 Soldier’s and Airmen’s Home that has been completely repealed by Pub. L. 101-510, Div. A, Title Xv, Sec. 1532 of Nov. 5, 1990 104 Stat. 1733; Pub. L. 101-189, Div. A, Title Iii, Sec. 347, Nov. 29, 1989, 103 Stat. 1422; Pub. L. 94-454, Sec. 2, Oct. 2, 1976, 90 Stat. 1518 and Aug. 10, 1956, Ch. 1041, Sec. 53, 70a Stat. 641. The Judiciary Act of 1789, ch. 20, sec. 35, 1 Stat. 73, 92-93 (1789) created the Office of the Attorney General. In 1870, after the post-Civil War increase in the amount of litigation involving the United States necessitated the very expensive retention of a large number of private attorneys to handle the workload, a concerned Congress passed the Act to Establish the Department of Justice, ch. 150, 16 Stat. 162 (1870) setting it up as "an executive department of the government of the United States" with the Attorney General as its head. The Act gave DOJ control over all criminal prosecutions and civil suits in which the United States had an interest. In addition, the Act gave the Attorney General and the Department control over federal law enforcement, establishing the Attorney General as the chief law enforcement officer of the Federal Government. Finally, to assist the Attorney General, the Act created the Office of the Solicitor General. DOJ was charged with improving: 1. representation of the federal government in the Courts, 2. representation of the federal government to the State Attorney Generals, 3. representation of state attorney generals to the federal government and 4. counsel to the president by serving as the member of the cabinet who supervises judicial affairs and litigation with the title Attorney General of the United States.  The US Department of Justice is constituted in accordance with Article 3 of the Constitution of the United States, Title 28, Part 2 United States Code and manages its judicial administration in accordance with Title 28 Code of Federal Regulations and the U.S. Attorney’s Manual. The Department of Justice consists of the principal organizational units listed in 28CFR§0.1 as restructured by the Homeland Security Act of 2002 yielding roughly 17 offices, 7 divisions and 2 boards and Bureau of Alcohol, Tobacco and Firearms (AFT) with four immigration and customs related agencies seceding to the Department of Homeland Security. The mission of the Department of Justice is: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

Justice Department, Total Outlays and Budget Authority FY 16 – FY 19

(thousands)

 

FY 16

FY 17

FY 18

FY 19

FY 20

On-budget

28,887,368

28,498,085

28,436,418

28,328,621

29,101,860

Off-budget

19,476,140

12,900,647

10,885,427

10,321,065

10,765,363

Congressional Budget Authority

48,363,508

41,398,732

39,321,845

38,649,686

39,867,223

Source: Justice Department Summary of Budget Authority by Appropriation FY18 & FY 19, OMB Historical Tables FY 17 - FY16 - FY 18 Justice Department inflationary tampering anomaly - $26.9 billion FY 15 OMB

 

2. Total Congressional Budget Authority for DOJ has been declining from a high of $50.8 billion in assets FY 15 in both on-budget and off-budget spending. FY 19 is portrayed as the first increase in on-budget spending since FY 15, but it is absolutely necessary that terrorism finance is prohibited under 18USC§2339C. The written portion of the Department of Justice performance and budget documents does not provide the public with a table to accurately explain outlays by agency totals and sub-totals under 31USC§101. The Summary of Appropriations is that the subtotals are misleading and some duplicitous cancellations are mathematically inaccurate, resulting in a $28 billion approximation, for which the Justice Department is responsible for cost overruns. The Justice Department’s Consolidated Balance Sheet as of September 30, 2015, the last official estimation of congressional budget authority, showed $50.8 billion in total assets, an increase of $3.8 billion over the previous year’s total assets of $47.0 billion. Fund Balance with U.S. Treasury (FBWT) was $31.2 billion, which represented 61 percent of total assets. Total Department liabilities were $18.6 billion as of September 30, 2015, an increase of $2.0 billion from the previous year’s total liabilities of $16.6 billion. The Consolidated Statement of Net Cost presents Department’s gross and net cost by strategic goal. The net cost of the Department’s operations totaled $31.3 billion for the fiscal year ended September 30, 2015, a decrease of $ 0.7 billion from the previous year’s net cost of operations of $32.0 billion. The decrease is related to unpaid obligations established for third party restitution payments established in the previous fiscal year. The Department shows $46.4 billion in total budgetary resources, an increase of $2.3 billion from the previous year’s total budgetary resources of $44.1 billion. The increase is primarily attributed to large asset forfeitures and a $1.1 billion expenditure transfer. FY 17 the Justice Department showed $29.9 billion in net outlays, an increase of $ 0.9 billion from the previous year’s total net outlays of $29.0 billion. This increase is primarily related to large asset forfeitures and a $1.1 billion expenditure transfer.  FY 19 savings from ongoing cuts to state and local law enforcement assistance and community oriented policing service (COPS) are lost by excessive growth in prohibition enforcement agencies that must also be completely abolished The FY 19 budget terminates on-budget federal outlays for the Office of Violence against Women, whose $485 million FY 19, will be funded within the $2.631 billion cap on compensation from the Crime Victim Fund, after several years of concealed, aborted gradual off-budget refinancing since FY 17. Funding is completely terminated for Community Relations Service FY 19 that was created by the Civil Rights Act of 1964, but was never codified and never cited any other civil rights statutes to prevent a quintupling of the prison population 1982 – 2013. Community Relations Service is scheduled to be completely abolished FY 19. Their laws from the Civil Rights Act of 1964 were never codified, and this unlawful intrusion in sheep's clothing, did nothing to prevent the deprivation of right under color of law that caused a quintupling of the prison population 1982- 2013 under 18USC§241.

 

Justice Department, Discretionary On-Budget FY 16 – FY 20

(thousands)

 

Appropriation

FY 16

FY 17

FY 18

FY 19

FY 20

Subtotal Discretionary

28,887,368

28,498,085

28,436,418

28,328,621

29,101,860

General Administration total

142,500

145,124

144,138

145,920

149,568

General Administration

111,500

114,124

113,349

114,207

117,062

Justice Information Sharing Technology

31,000

31,000

30,789

31,713

32,506

Administrative Review and Appeals total

553,300

163,891

241,512

703,314

624,151

Executive Office for Immigration Review

416,283

436,000

433,012

559,407

457,800

Transfer from Immigration Fees Account

4,000

4,000

4,000

4,000

4,000

Office of the Inspector General

93,709

95,583

94,934

95,866

98,263

Working Capital Fund (Rescissions)

-69,000

-300,000

-218,000

-70,000

-50,000

Transfer to FBI Construction

0

-181,000

-181,000

0

0

U.S. Parole Commission

13,308

13,308

13,218

12,672

13,973

National Security Division

95,000

96,000

95,348

101,369

100,115

General Legal Activities total

3,189,267

3,223,796

3,203,907

3,288,852

3,410,785

Solicitor General

11,885

11,885

11,804

12,392

12,702

Tax Division

106,979

106,979

106,253

105,435

108,071

Criminal Division

181,745

181,745

180,511

187,378

192,063

Civil Division

292,214

292,214

290,230

284,558

314,140

Environmental & Natural Resource Division

110,512

110,512

109,762

106,043

118,800

Legal Counsel

7,989

7,989

7,935

8,589

8,540

Civil Rights Division

148,239

148,239

147,232

148,125

159,357

Interpol

33,437

33,441

33,214

34,403

35,134

Pardon Attorney

6,508

4,496

4,465

4,913

5,036

Antitrust

61,477

63,014

64,589

66,204

67,859

U.S. Attorneys

2,000,000

2,035,000

2,021,180

2,105,182

2,157,812

U.S. Trustees

225,908

225,908

224,374

223,221

228,802

Alien Property Office

2,374

2,374

2,358

2,409

2,469

U.S. Marshall's Service total

2,504,021

2,689,454

2,671,190

2,750,342

2,891,875

Salaries & Expenses

1,230,581

1,249,040

1,240,558

1,270,371

1,302,130

Construction

15,000

10,000

9,932

14,971

15,345

Federal Prisoner Detention

1,454,414

1,454,414

1,420,700

1,536,000

1,574,400

Rescission of Prior Year Balances

-195,974

-24,000

0

-71,000

0

Community Relations Service

14,446

15,500

15,395

0

0

Department Programs

541,119

547,539

544,299

537,363

550,797

Assets Forfeiture Fund Current Budget Authority

14,673

15,039

15,415

15,800

16,195

Interagency Crime and Drug Enforcement

512,000

517,000

513,489

521,563

534,602

Federal Bureau of Investigation total

8,718,001

8,995,779

8,933,388

8,775,915

8,993,820

Salaries & Expenses

8,489,786

8,767,201

8,707,663

8,872,020

9,093,820

Rescission of prior year balance Direct and CJIS Balances

-80,767

-140,000

-191,600

-148,000

-150,000

Rescission FBI S & E

-51,600

0

0

0

Construction

308,982

420,178

417,325

51,895

50,000

Transfer from WCF

0

[181,000]

0

0

0

Drug Enforcement Administration

2,080,000

2,090,884

2,086,617

2,187,459

2,243,146

Salaries & Expenses

2,080,000

2,102,976

2,086,617

2,187,459

2,243,146

Rescission of Prior year Balances DEA

0

-12,092

0

0

0

Bureau Alcohol, Tobacco, Firearms & Explosives Salaries & Expenses

1,240,000

1,258,600

1,250,053

1,316,678

1,349,595

Federal Prison System total

7,481,200

7,138,100

7,089,625

7,094,028

7,321,154

Salaries & Expense

6,948,500

7,008,800

6,961,203

7,042,328

7,218,386

Building & Facilities

530,000

130,000

125,740

99,000

100,000

Rescission of prior year balance B & F

0

-3,400

0

-50,000

0

Federal Prison Industries

2,700

2,700

2,682

2,700

2,768

Office of Justice Programs

1,770,960

1,582,800

1,598,371

1,405,300

1,440,433

Research, Evaluation and Statistics

116,000

89,000

123,189

77,000

95,675

OJP Salaries and Expenses

[214,617]

[220,717]

[219,218]

0

0

Juvenile Justice Programs

270,160

247,000

245,375

229,500

235,238

State and Local Law Enforcement Assistance

1,408,500

1,280,500

1,263,618

1,132,500

1,109,850

Public Safety Officers Benefits

16,300

16,300

16,189

16,300

16,708

OJP wide rescissions of prior year balance

-40,000

-50,000

-50,000

-50,000

-50,000

Community Policing (Includes OJP programs)

202,000

190,618

208,000

123,450

126,536

Community Policing

212,000

221,500

175,403

223,450

COPS Salaries and Expenses

[37,374]

[37,374]

[37,120]

0

0

Rescission of prior year balance

-10,000

-15,000

-15,000

0

Office of Violence against Women total

465,000

471,500

465,318

0

0

Office of Violence against Women

480,000

481,500

475,318

0

0

OVF Funding within CVF

0

[-326,000]

[-326,000]

[-485,500]

[-497,638

OVW Salaries and Expenses

[19,912]

[19,912]

[19,777]

0

0

Rescission of Prior Year Balances

-15,000

-10,000

-10,000

0

0

Consolidated Grants M & A Base

0

0

0

[235,466]

[241,353]

Subtotal Discretionary

28,887,368

28,498,085

28,436,418

28,328,621

29,101,860

OMB est.

29,523,000

30,979,000

38,513,000

34,630,000

34,107,000

Source: Justice Department Summary of Budget Authority by Appropriation FY18 & FY 19, Table 4.1 Outlays by Agency OMB Historical Tables FY 19

 

3. The Justice Department has been keeping total on-budget discretionary federal outlays between $28-$29 billion since FY 16. The Justice Department’s on-budget discretionary budget request is for $28.0 billion FY 19, a 1% increase from $27.7 billion FY 18. For the on-budget portion, clarification is needed to come to an agreement regarding 2.5% annual growth in fees and appropriations of the Antitrust Division, US Trustees, and disputed 17.5% spending growth for the Executive Office of Immigration Review EOIR FY 17- FY 18 redressed with 7.5% spending growth from FY 16, 2.5% annually over three years. Whereas the FBI requires a force reduction, 2.5% FBI spending growth is planned to be neutralized with at least 5% growth in rescission to express the lay-offs. 3.7% spending growth in DEA FY 17 – FY 18 is offset with 1.3% growth FY 18 – F Y19 for 2.5% average annual growth, and a standing order to abolish the DEA first. 2.9% growth in ATF spending FY 17 – FY 18 is offset by 2.1% growth FY 18 – FY 19. Office of Justice Programs (OJP) Spending went down -30% FY 17- FY 18 as the result of a -22.1% reduction in state and local law enforcement financing. Community Oriented Policing Service (COPS) increased 36.6% FY 17 – FY 18, before being completely folding into steadily declining total OJP state and local law enforcement spending FY 19. It is outrageous the DEA finance has increased 3.7%. Total federal outlays for the Office of Violence against Women was dramatically reduced FY 16- FY 17 because they are now deriving revenues from their administration of Crime Victims Fund that would otherwise only be used to pay for health care, and whereas this revenue stream, and OVW battered women shelters, are distinctly non-cash welfare, OVW should grow at a rate of 3% annually, from the CVF.  The 36,000 Federal Bureau of Investigation (FBI) agents need to be laid-off for misconduct of all sorts, incidental to the repeal of drug conspiracy under 28CFR§0.85(a) and Iron Curtain under 28CFR§0.87 for obstruction of justice and Congress respectively. Only Quantico Federal Police Academy, Forensic Laboratory and Uniform Crime Reports assets need to be preserved by the United States. Furthermore, 11,000 Drug Enforcement Administration (DEA) agents and Interagency Drug and Crime Task Force must be laid off, in excess of 2.5% annually, while more professional agency budgets are cut or harmlessly financed by off-budget revenues. $539 million in spending for the Interagency Crime and Drug Enforcement (ICDE), is controversial. The US Marshal Service reports that ICDE brought in only 770 fugitives, 0.9% of total fugitives apprehended by the USMS. The 2016 US Attorneys Statistical report indicates that 2,243 criminal drug cases, 19% of a total of 11,731, with 7,028 defendants, 31% of 22,617, were filed by the Organized Crime Drug Enforcement Task Force, resulting in 7,186 convictions, 34% of 20,931. ICDE must be abolished in conjunction with the DEA and FBI drug conspiracy. The money can be used to expand USMS salaries and expenses, in particular Bachelor of law degrees, and/or to reduce justice department spending. 300 economists and 600 churches have made it clear that prohibition law enforcement agencies must be completely abolished, DEA first, odd narcotic license fees of the Office of Diversion Control to reverse the fatal opiate overdose law enforcement tampering, and drug enforcement diversion, under 18USC§1512 and Sec. 301 of the Food, Drug and Cosmetic Act (FD&CA) under 21USC§331. Drug robbery victims must stop being summoned to federal court to avoid legal process for murder, wherefore the drug dealers must go out of business to reduce risk to the public posed by law enforcement tampering with their commercial drug supply and are due Supplemental Security Income (SSI). Federal lay-offs may be expressed through rescission and disability retirement under 5USC§8337 and Sec. 223(d) of the Social Security Act under 42USC§423(d).

 

Justice Department, Mandatory Off-Budget FY 16 – FY 20

(thousands)

 

FY 16

FY 17

FY 18

FY 19

FY 20

Fees Collections

657,515

633,662

793,929

813,776

935,991

Offset from Antitrust Pre-Merger Filing Fee Collections

 

103,500

 

106,087

 

108,739

111,458

114,245

Antitrust Pre-Merger Filing Fee Direct Appropriation

 

[61,477]

 

[63,014]

 

[64,589]

[66,204]

[67,859]

Antitrust Pre-Merger Filing Fee Total Appropriations

 

[164,977]

 

[169,101]

 

[173,328]

[177,662]

[182,104]

U.S. Trustee Fees and Interest on US Securities

162,000

163,000

289,000

381,000

390,525

U.S. Trustees, Appropriations

[225,908]

[225,908]

[224,374]

[223,221]

[222,222]

DEA Office of Diversion Control Fees

371,515

382,662

419,574

420,703

431,221

DEA Total Appropriations

[2,080,000]

[2,090,884]

[2,086,617]

[2,187,459]

[2,243,146]

DEA Total Congressional Budget Authority, w/o forfeiture

[2,451,515]

[2,473,546]

[2,506,191]

[2,608,162]

[2,674,367]

DEA Office of Diversion Control Appropriations

[8,900]

[9,123]

[9,351]

[9,584]

[9,824]

DEA Office of Diversion Control Total

[389,415]

[391,785]

[428,925

[430,287]

[441,045]

Funds

8,210,673

7,494,039

6,818,415

6,184,800

6,339,420

Crime Victims Fund

 

8,196,000

 

7,479,000

 

6,803,000

 

6,169,000

 

5,578,175

Deposits

[1,604,000]

[1,644,000]

[1,685,000]

[1,727,000]

[1,770,175]

Disbursement = Disbursement Cap

[2,361,00]

[2,361,000]

[2,361,000]

[2,361,000]

[2,361,000]

Assets Forfeiture Fund

 

14,673

 

15,039

 

15,415

15,800

16,195

Assets Forfeiture Fund Revenues

[1,975,275]

[1,465,668]

[1,585,363]

[1,185,872]

[1,215,519]

Assets Forfeiture Fund Expenditures

 

[-1,975,275]

 

[1,444,994]

[1,584,987]

[1,185,487]

[1,215,124]

Mandatory and Other Accounts

8,120,508

7,238,451

5,324,213

4,791,792

4,312,613

Fees and Expenses of Witnesses (Mand.)

270,000

270,000

270,000

270,000

270,000

Witnesses Sequester Cut

0

-18,630

-17,820

0

0

Witnesses Rescission of Prior Year Balance

0

0

0

-100,000

0

Independent Counsel (Permanent Indefinite)

500

3,872

10,400

10,400

10,660

Sequester Cut

-267

-686

0

0

Radiation Exposure Compensation Trust Fund (Mand.)

65,000

65,000

50,000

45,000

50,000

Public Safety Officers Death Benefits (Mand.)

72,000

73,000

73,000

115,000

117,875

Assets Forfeiture Fund Revenues

1,975,275

1,465,668

1,585,363

1,185,872

1,215,519

Criminal Justice Information Service (FBI)

433,000

433,000

433,000

433,000

433,000

9/11 Victim Compensation Fund

2,565,300

818,195

0

0

0

Victim Compensation Fund

4,600,000

0

0

0

0

Domestic Victims of Trafficking

6,000

6,000

6,000

6,000

6,000

Sequester Cut

0

-414

-396

0

0

Crime Victims Fund

[2,361,000]

[2,361,000]

[2,361,000]

[2,361,000]

[2,361,000]

Office of Violence Against Women

0

0

0

[485,000]

[497,125]

Victim of State Sponsored Terrorism

0

1,025,000

170,000

170,000

170,000

Healthcare Fraud Reimbursements total

249,362

249,860

274,648

281,514

288,552

HCFAC Mandatory Reimbursement

58,579

58,045

59,447

65,034

66,660

FBI-Health Care Fraud mandatory

130,303

131,335

134,525

147,200

150,880

HCFAC Discretionary Reimbursement

60,480

73,800

73,800

78,381

80,341

Off-budget Total

19,476,140

12,900,647

10,885,427

10,321,065

10,765,363

Source: Appropriations Figures for the Antitrust Division Fiscal Years 1903-2016 November 27, 2015; Asset Forfeiture Program FY 17 Performance Budget Congressional Justification; Sacco, Lisa N. The Crime Victims Fund: Federal Support for Victims of Crime. Analyst in Illicit Drug and Crime Policy. Congressional Research Service. October 27, 2015

 

4. The FY 19 Summary of Appropriations, off-budget portion, is clarified to explain of the on and off-budget operations of the Assets Forfeiture Fund, Antitrust division pre-merger filing fee, the US Trustee fees and the Crime Victim Fund, from the irregular reports of certified public accountants, in particular US Trustee fees and appropriations must agree to grow 2.5% FY 18 to come to an agreement, to avoid threatened cuts in appropriations. Disputes regarding excessive growth and punishment, must invariably be settled by the irregular reports of certified public accountants, regarding the agency. Brackets mean non-add. Duplicate Antitrust pre-merger filing fee rows are consolidated to express the rate reported by special report. Anti-trust pre-merger filing fee, US Trustee fees and DEA Diversion Control Fees have been moved into the fee category, duplicitous rows deleted, and agency financial operations explained in brackets. The operations of the Asset Forfeiture Fund and Crime Victim Fund are explained in brackets. The new $2.361 billion cap on disbursements causes the trust fund to go down FY 2014-17, whereas receipts are estimated to have increased only to $1.7 billion FY 19. The Justice Department needs to learn to account for saving, using the regular revenues, expenditure, balance method, embedded deep in the irregularly published reports of the Antitrust Division, Assets Forfeiture Fund and Crime Victim Fund. Because of the congressionally mandated and affordable for the time being, decline in Crime Victim Fund, without new law, savings will decline until 2031 to $2,323 million and then begin to increase to $2,343 million in 2032. This should be more than enough for the Office of Violence against Women.  The Comprehensive Crime Control Act of 1984 established the Department of Justice Assets Forfeiture Fund to receive the proceeds of forfeiture and to pay the costs associated with such forfeitures, including the costs of managing and disposing of property, satisfying valid liens, mortgages, and other innocent owner claims, and costs associated with accomplishing the legal forfeiture of the property. The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal. The Fund may also be used to finance certain general investigative expenses. These authorized uses are enumerated in 28USC§524(c). The Asset Forfeiture Program most recently reported to Congress that in FY 2015 total net deposits to the Assets Forfeiture Fund are reported to be -$1,629,261,564 and total expenses of $1,643,576,000 for a federal cost of $14,315,000. The Department of Justice Asset Forfeiture Program is a key component of the federal government’s law enforcement efforts to combat major criminal activity by disrupting and dismantling illegal enterprises, depriving criminals of the proceeds of illegal activity, deterring crime and restoring property to victims. Proceeds generated from asset sales are used to operate the program, compensate victims and support various law enforcement efforts. DOJ Asset Forfeiture Program participants include the Asset Forfeiture and Money Laundering Section of the Department of Justice Criminal Division; U.S. Marshals Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI; and U.S. Attorneys' Offices. Other participants include the U.S. Postal Inspection Service; Food and Drug Administration; Department of Agriculture Office of the Inspector General; Department of State Bureau of Diplomatic Security; and Defense Criminal Investigative Service. As of September 30, 2016, US Marshal Service estimates the asset forfeiture fund held a total of $1.5 billion in 15,346 assets distributed $183 million to victims of crime and claims FY 2016 and shared $305 million with participating state and local law enforcement agencies.

 

Federal Prison Population 1980-2016

 

1980

24,640

0

1999

133,689

+11,373

1981

26,313

+1,673

2000

145,125

+11,436

1982

30,531

+4,218

2001

156,572

+11,447

1983

33,216

+2,685

2002

163,436

+6,864

1984

35,795

+2,579

2003

172,499

+9,063

1985

40,330

+4,535

2004

179,895

+7,396

1986

46,055

+5,725

2005

187,394

+7,499

1987

49,378

+3,323

2006

192,584

+5,190

1988

50,513

+1,135

2007

200,020

+7,436

1989

57,762

+7,249

2008

201,668

+1,648

1990

64,936

+7,174

2009

208,759

+7,091

1991

71,508

+6,572

2010

210,227

+1,468

1992

79,678

+8,170

2011

217,768

+7,541

1993

88,565

+8,887

2012

218,687

+919

1994

95,162

+6,597

2013

219,298

+611

1995

100,958

+5,796

2014

214,149

-5,149

1996

105,443

+4,485

2015

205,723

-8,426

1997

112,289

+6,846

2016

192,170

-13,553

1998

122,316

+10,027

Source: BOP

 

5. The federal prison population increased to a high of 219,298 in 2013 before decreasing to 183,191 in 2017.  154,934 inmates, 84%, are confined in BOP-operated facilities, 18,056 inmates, 10%, are confined in privately managed facilities, primarily responsible for the special needs of criminal aliens, and 10,201 inmates, 6%, are confined in other facilities.  From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49% of total prison population growth. As a result of Federal law enforcement efforts, corrupting the FBI with drugs in 1982 under 28CFR§0.85(a), and new legislation that dramatically altered sentencing in the Federal criminal justice system, the 1980s brought a significant increase in the number of Federal inmates. The Sentencing Reform Act of 1984 established determinate sentencing, abolished parole, and reduced good time; additionally, several mandatory minimum sentencing provisions were enacted in 1986, 1988, and 1990. From 1980 to 1989, the inmate population more than doubled, from just over 24,000 to almost 58,000. During the 1990s, the population more than doubled again, reaching approximately 136,000 at the end of 1999 as efforts to combat illegal drugs and illegal immigration contributed to significantly increased conviction rates. At yearend 2012, 414,065 persons were under some form of federal correctional control, 256,720 were in confinement 62% and 157,345 were under supervision in the community, 38%Fifteen percent of federal prisoners released in 2010 were returned to federal prison within 3 years. Over half (54%) were returned for supervision violations.  In 2012, five federal judicial districts along the U.S.-Mexico border accounted for 60% of federal arrests, 53% of suspects investigated, and 41% of offenders sentenced to prison.  In 2012, 3,171 suspects were arrested for a sex offense. Defendants convicted of a felony sex offense were the most likely (97%) to receive a prison sentence following conviction.  During 2012, 172,248 suspects were booked by the U.S. Marshals Service, a 2% decline from 179,034 booked in 2010. The number of federally sentenced prisoners in the Federal Bureau of Prisons (BOP) increased 84% between fiscal year (FY) 1998 and 2012, and the number of drug offenders in federal prison grew 63% during this time.  At fiscal yearend 2012, offenders whose most serious offense (as defined by the BOP) was a drug offense accounted for about half (52%) of the federally sentenced prison population.  To redress the 50% false imprisonment rate Congress has proposed to reduce mandatory minimum sentencing for drug offenses and is encouraged by zero fatalities to legalize marijuana.

 

State by State Detention 1999, 2005, 2013

 

Jurisdiction

1999 In prison or jail

1999 rate per 100,000 of all ages

2005 In prison or jail

2005 rate per 100,000 of all ages

2013 In

prison

or jail

2013

rate per

100,000

adults

2013

rate per

100,000

of all ages

State

1,714,931

666

2,007,434

679

2,012,400

830

636

Federal

173,059

58

179,220

58

215,100

90

68

U.S. total

1,887,990

724

2,193,798

737

2,227,500

910

704

Alabama

33,157

757

40,561

890

46,000

1,230

951

Alaska

2,837

459

4,678

705

5,100

940

691

Arizona

36,412

761

47,974

808

55,200

1,090

831

Arkansas

15,022

588

18,693

673

22,800

1,010

770

California

239,206

721

246,317

682

218,800

750

569

Colorado

21,043

520

33,955

728

32,100

790

608

Connecticut

16,776

511

19,087

544

17,600

620

488

Delaware

5,958

792

6,916

820

7,000

960

756

District of Columbia

8,226

1,594

3,552

645

2,400

450

369

Florida

119,679

790

148,521

835

154,500

990

788

Georgia

74,500

956

92,647

1,021

91,600

1,220

916

Hawaii

3,479

291

5,705

447

5,600

510

397

Idaho

6,634

531

11,206

784

10,200

860

632

Illinois

61,235

506

64,735

507

69,300

700

537

Indiana

30,025

506

39,959

637

45,400

910

690

Iowa

10,229

356

12,215

412

12,700

530

410

Kansas

12,864

484

15,972

582

16,600

760

573

Kentucky

21,651

546

30,034

720

32,100

950

729

Louisiana

44,934

1,025

51,458

1,138

50,100

1,420

1,082

Maine

2,745

220

3,608

273

3,800

350

285

Maryland

33,650

650

35,601

636

32,700

710

550

Massachusetts

21,796

353

22,778

356

21,400

400

318

Michigan

61,882

628

67,132

663

60,200

790

608

Minnesota

10,765

226

15,422

300

15,700

380

289

Mississippi

18,416

664

27,902

955

28,800

1,270

962

Missouri

32,300

591

41,461

715

44,500

950

736

Montana

3,998

453

4,923

526

6,000

760

591

Nebraska

5,740

344

7,406

421

8,500

600

454

Nevada

14,057

774

18,265

756

19,900

930

712

New Hampshire

3,830

320

4,184

319

4,800

460

362

New Jersey

43,777

536

46,411

532

37,600

540

421

New Mexico

10,330

590

15,081

782

15,500

980

742

New York

104,341

574

92,769

482

81,400

530

413

North Carolina

43,243

564

53,854

620

55,300

730

561

North Dakota

1,520

239

2,288

359

2,700

470

373

Ohio

63,444

565

65,123

559

69,800

780

603

Oklahoma

27,926

825

32,593

919

37,900

1,300

983

Oregon

15,425

464

19,318

531

22,900

740

582

Pennsylvania

63,490

529

75,507

607

85,500

850

668

Rhode Island

3,176

321

3,364

313

3,400

400

322

South Carolina

30,000

772

35,298

830

32,600

880

683

South Dakota

3,581

485

4,827

622

5,300

820

626

Tennessee

35,884

655

43,678

732

48,100

960

740

Texas

204,110

1,014

223,195

976

221,800

1,130

836

Utah

9,239

433

11,514

466

12,500

620

430

Vermont

1,205

203

1,975

317

2,100

410

335

Virginia

48,828

713

57,444

759

58,800

910

710

Washington

24,849

431

29,225

465

29,700

550

425

West Virginia

5,496

304

8,043

443

9,700

660

523

Wisconsin

27,218

519

36,154

653

34,800

780

605

Wyoming

2,338

485

3,515

690

3,800

840

651

Source: World Prison Brief 2000 & 2005 Wikipedia 2013

 

6. 2.2 million people are behind bars in the United States, the most in the world, with 693 detainees per 100,000 residents, the second most concentrated, in a world with a norm of 144 and arbitrary legal limit of 250 detainees per 100,000 residents. The prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, before going down to 2,217,947 (696 per 100,000) in 2014. The detainee population must go down to the international norm of less than 250 per 100,000. US Prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008 before quietly going down to 2,217,947 (696 per 100,000). A considerable amount of the increase is the result of the sentencing for drug crimes. From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49% of total prison population growth. Mid-year 2014 there were 744,592 people detained in local jails, and 1,473,355 in state or federal prisons at year-end. The prison population rate was 693 detainees per 100,000 residents at year-end 2014 based on an estimated national population of 320.1 million at end of 2014. In 2013 20.4% of people behind bars were pre-trial detainees. 9.3% were female. 0.3% were juveniles. 5.5% were foreign prisoners. There are estimated to be a total of 4,575 penal institutions - 3,283 local jails at 2006, 1,190 state confinement facilities at 2005, 102 federal confinement facilities at 2005. The official capacity of the penal system was 2,157,769 with a occupancy level of 102.7% (2013).  Since 2010 most states have seen a reduction in their penal population or at least in their rate of incarceration per 100,000 residents. In 2014, the United States of America, detained 2.2 million prisoners, China was second with 1.7 million, 118 per 100,000 and Russia third with 607,000, 451 per 100,000. Since the dissolution of the Union of Soviet Socialist Republics (USSR) in 1990 the United States detains more prisoners than any other country and has the highest rate of incarceration of any landlocked country.  It is absolutely essential that the United States will continue reduce their prison population and accelerate the release of non-violent offenders serving time in state and federal prison.  

 

7. There are an estimated 1.5 million law enforcement officers employed in the United States. The Bureau of Justices Statistics reported that in 2000 the federal department of justice employed 88,496 full-time law enforcement officers authorized to make arrests and carry fire arms. 17,784 state and local law enforcement agencies employed 708,022 full time officers. 12,666 local police agencies employed 440,920 full time officers. 3,070 county sheriffs employed 164,711 deputies. 49 primary state agencies employed 56,348 officers. 1,376 special jurisdictions employed 43,413 officers. 623 Texas constable offices employed 2,630 law enforcement officers. In 2016 the Department of Homeland Security employed 37,211 law enforcement officers authorized to make arrests and carry fire arms. US Customs and Border Protection 16,388. US Immigration and Customs Enforcement 7,942. US Coast Guard 10,673. US Secret Service 2,208. Although the Bureau of Labor Statistics only estimates that there are 880,000 police officers and detectives, 1.5 million is a good estimate of the number of full-time civilian law enforcement officers employed in the United States, plus another 470,000 corrections officers, for a grand total of 2 million employees authorized to make arrests and carry a firearm in the United States. 1 police officer per 1,000 residents is considered normal. 1.5 million police officers in a social security area population of 330 million is 4.5 police officers per 1,000 residents, justified by the three full-time shifts and part-time employees it takes to operate 24 hours a day.  Conduct and good discipline require a Bachelor degree for all law enforcement, civil foreign and internal revenue services officers, because several state studies have shown that no one with a Bachelor degree was a recidivist under 34USC§60501. Recidivism, defined as re-incarceration within 3 years of release from prison, occurs in 66% of state offenders, 50% in those who earned vocational certificates, 35% in those with an Associate degree and 0% in those who earned a post-conviction Bachelor degree. Several state studies have shown that people who earn a post-conviction Bachelor degree are 100% free of recidivism. Law enforcement officers, with a minimum of high school plus 4-20 week police or correctional academy, do not necessarily possess the Bachelor degree, several state studies have shown is needed to prevent recidivism and stop offending civil society, 100% of the time. The principal finding is that to reduce unacceptably high rates of unauthorized use of force, false arrest, torture and wrongful death, a Bachelor degree, including the first year of law school, plus police academy, must be required of all law enforcement officers employed in the United States. Secondarily, it is advised that law schools include police and correctional academy as a mandatory part of their curriculum, and law enforcement agencies employ law students and graduates, especially, under 34USC§12577.

 

8. There are about 1,000 police shootings each year in the United States. In 2016 there were 515 deaths categorized as being the result of legal intervention ICD-10 Y35, Y89. Between 2005 and April 2017, 80 officers had been arrested on murder or manslaughter charges for on-duty shootings. During that 12-year span, 35% were convicted, while the rest were pending or not convicted. With 515 justified homicides from legal intervention in 2016, the homicide rate of 1.5 million police officers is 38.6 per 100,000, seven times more than normal, 5.3 per 100,000 or five time more than 8 per 100,000 for ex-cons without gun rights. With due regard to their personal safety an average of 15 law enforcement officers per 100,000 are killed in the line of duty, five times the normal civilian work force rate of 3 per 100,000, but safer than farming or ranching 20 per 100,000. The justifiable homicide rate incidental to conventional legal intervention is 38.6 per 100,000, seven times the normal homicide rate of <5.0 per 100,000 since 2010, with a low of 4.5 per 100,000 in 2013, and new spike to 5.3 per 100,000 in 2017. The justifiable homicide rate of 38.6 per 100,000 law enforcement officers is more than twice as much as 15 per 100,000 homicides by prisoners, that runs about three times normal. Among the special procedures of the Human Rights Council, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions holds unlawful killings by the police may occur in situations where the police are not pursuing law enforcement objectives, such as attempts at extortion that may escalate into extra- judicial killings; engaging in “social cleansing” operations and intentionally killing criminals or members of marginalized groups; or in even more extreme situations, where police are operating as a militia or death squad. Consistent with the high degree of responsibility required by Prosecutors with appropriate education and training who make them aware of the ideals and ethical duties of their office, of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognized by national and international law. It is held, that all law enforcement officers employed in any jurisdiction in the United States should possess at least a Bachelor degree, with credit for first year law school constitutional law, plus 4-20 week police or correctional academy training, that is of itself inadequate to reliably redress recidivism of organized crime. To raise the bar, it is advised that law schools include police and correctional academy as a mandatory part of their curriculum, and law enforcement agencies preferentially employ law students and graduates, especially.

 

9. Regulation of the news media is usually limited under Art. 20 of the International Covenant on Civil and Political Rights that states: (1) Any propaganda for war shall be prohibited by law (2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The United States must better protect journalistic, commercial and government sources against the $10,000 per day fine for rejecting the Communication Assistance for Law Enforcement Act, that needs to be repealed to protect commerce against corrupt police investigation under 18USC§2522. Civil action against state officials under 18USC§2707 is afforded with mandatory minimum 12.4% OASDI payroll tax on state employees in Title I of the Social Security Act and requiring a Bachelor degree for employment. Civil action against the federal government under 18USC§2712 must require a Bachelor degree and exclude marijuana from drug testing for federal employment to repeal, abolish, overturn or otherwise overrule the Authority for Employment of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) Senior Executive Service under 5USC§3151-3152, Office of Special Counsel, Interagency Drug and Crime Enforcement, National Office of Drug Control Policy, International Narcotic Control and Law Enforcement, and Immigration and Customs Enforcement.  In the Federal Government, layoffs are called reduction in force (RIF) actions under 5 CFR Part 351. The spirit and intent of these regulations is guided by the principle of non-use of force. When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. A reduction in force includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor under 5USC§3595(d). Unacceptable performance means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee’s position under 5USC§4301(3). Error with much greater than 30% frequency is unacceptable under 5USC§3504(b).

 

Federal Prohibition of Terrorism Finance FY 16 – FY 19

(thousands)

 

FY 16

FY 17

FY 18

FY 19

Justice Department, Forfeiture Total

13,132,501

13,296,281

13,180,515

12,964,337

Other Agency, Forfeiture Total

7,724,822

8,321,527

8,319,832

7,935,062

Total Federal Forfeiture

20,857,323

23,607,808

21,499,847

20,899,399

Interagency Crime and Drug Enforcement

512,000

517,000

513,489

521,563

Federal Bureau of Investigation total

8,718,001

8,995,779

8,933,388

8,775,915

Salaries & Expenses

8,489,786

8,767,201

8,707,663

8,872,020

Rescission of prior year balance Direct and CJIS Balances

-80,767

-140,000

-191,600

-148,000

Construction

308,982

420,178

417,325

51,895

Transfer from WCF

0

[181,000]

0

0

Transfer to FBI Construction

-181,000

-181,000

0

DEA Total Appropriations

2,080,000

2,090,884

2,086,617

2,187,459

Salaries & Expenses

2,080,000

2,102,976

2,086,617

2,187,459

Rescission of Prior year Balances DEA

0

-12,092

0

0

DEA Total Congressional Budget Authority, w/o forfeiture

2,451,515

2,473,546

2,506,191

2,608,162

DEA Office of Diversion Control Appropriations

[8,900]

[9,123]

[9,351]

[9,584]

DEA Office of Diversion Control Total

[389,415]

[391,785]

[428,925

[430,287]

Office of Justice Programs Total

1,770,960

1,582,800

1,598,371

1,405,300

State and Local Law Enforcement Assistance

1,408,500

1,280,500

1,263,618

1,132,500

Community Policing (Includes OJP programs)

202,000

190,618

208,000

123,450

Community Policing

212,000

221,500

175,403

223,450

COPS Salaries and Expenses

[37,374]

[37,374]

[37,120]

0

Rescission of prior year balance

-10,000

-15,000

-15,000

0

Other Agency Forfeiture, Total

7,724,822

8,321,527

8,319,832

7,935,062

U.S. Sentencing Commission

17,570

17,570

17,570

17,570

White House Office of National Drug Control Policy

379,135

379,135

368,587

350,000

Food and Drug Administration Center for Tobacco Policy

564,117

578,822

592,675

607,492

State Department International Narcotics Control and Law Enforcement (INCLB)

1,292,000

1,212,000

1,212,000

1,138,000

State Department International Military Education and Training (IMET)

106,000

108,000

108,000

108,000

State Department Foreign Military Financing

5,366,000

6,026,000

6,021,000

5,714,000

Source: State Department FY 18, DOJ FY 19, Judiciary FY 17, FDA FY 17

 

10. It is estimated that 50% of arrests are false.  The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) provides the legal system with several legal principles to redress false arrests. Principle 2 only under the law, holds prosecutors accountable for the accuracy of their legal citation. Principle 21 Prohibition of Corrupt Police Investigation. Principle 27 Inadmissibility of Evidence Improperly Acquired. Non-compliance with these principles in obtaining evidence shall be taken into account in determining the admissibility of such evidence against a detained or imprisoned person.  The Guidelines on the Role of Prosecutors (1990) provides. Guideline 16. When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. Law colleges have advised the public to retain a lawyer to have the prosecutor drop the charges instead of being invariably arrested responding to a request to come to the police station for questioning. Victims of false imprisonment and torture have a right to compensation under the Fourteenth Amendment to the US Constitution. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him under Art. 14(6) of the International Covenant on Civil and Political Rights (1976). The State shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation under Art. 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987). By reason of attitude not in accordance with the Geneva Conventions the government is under obligation to make good to consequence of injury.  Thus, every wrong creates a right for the court to rectify pursuant to the Case Concerning the Factory of Chorzow Permanent Court of Justice A. No. 9 (1927).

 

Sanders, Tony J. Book 2: Attorney General Enforcement. 13th Ed. Hospitals & Asylums HA-19-1-19 293 pgs. www.title24uscode.org/AGE.pdf