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A MESSAGE FROM THE ATTORNEY GENERAL
On September 11, 2001, evil assaulted America. Those heinous acts of violence and the continuing threat of impending violence are an attack on America and her citizens. The fight against terrorism is now the first and overriding priority of the Department of Justice. We will devote all resources necessary to disrupt, weaken, and eliminate the infrastructure of terrorist organizations, to prevent or thwart terrorist attacks, and to bring to justice the perpetrators of terrorist acts.
Our single objective is to prevent terrorist attacks by taking suspected terrorists off the street. We will use every available statute. We will seek every prosecutorial advantage. We will use all our weapons within the law and under the Constitution to protect life and enhance security for America. We will not hesitate in this pursuit, nor will we be thwarted.
The Department of Justice's Strategic Plan for fiscal years 2001 - 2006 reaffirms the Department's commitment and responsibility to protect all Americans, their loved ones, and their possessions, and to enforce vigorously the laws of the United States. The Plan seeks to maintain the balance between personal safety and personal freedom, between strict enforcement and abiding respect for individuals.
The Plan describes how the Department will uphold the American justice tradition that battles injustice to bring protection to the weak, freedom to the restrained, liberty to the oppressed, and security to all. The plan addresses the major obstacles to these freedoms, including: the threat of terrorist acts, violence, illegal drugs, illegal use of guns, discrimination, and exploitation. The Department of Justice is committed to combating aggressively these and other injustices, striving to prevent their occurrence, and, when they cannot be prevented, to prosecute their perpetrators.
The Plan describes the Department's commitment to:
Protect Americans and their institutions against the threat of terrorism through prevention of terrorist acts, and the investigation and prosecution of threats and incidents;
Keep America safe by enforcing our Nation's laws, especially reducing the incidence of gun violence and the trafficking of illegal drugs;
Protect our children and those most vulnerable from violence and exploitation;
Assist state, tribal, and local law enforcement agencies in combating crime through cooperative efforts and the effective use of grants for community-based initiatives designed to reduce crime and violence;
Reduce racial discrimination and uphold the civil rights of all Americans, especially as they relate to racial profiling and voting rights;
Combat economic crime, particularly cybercrime, whose threat increases as technology advances;
Provide effective, accurate and courteous service to those who seek to enter our Nation lawfully, while securing aggressively our borders against those who would seek to pose harm to America or its interests; and
Ensure the safety and integrity of the judicial process, and provide for the safe, secure, and humane confinement of criminals.
We will accomplish these objectives by developing a workforce that is well-trained and professional; by strengthening financial systems that ensure the effective and efficient use of taxpayer dollars; and by improving the integrity and security of computer systems, while making more effective use of information technology.
The men and women of justice and law enforcement have been asked to shoulder a great burden for the safety and security of the American people. We will not rest in this pursuit. We will, as we have in the past, never waiver in our faith and loyalty to the Constitution and never tire in our defense of the rights it enshrines.
John Ashcroft
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INTRODUCTION
Almost two hundred years ago, Thomas Jefferson wrote that "The most sacred of the duties of government [is] to do equal and impartial justice to all its citizens." As the Nation embarks on a new century, this sacred duty to fulfill the promise of justice for all remains the hallmark of the American experiment in democratic self-government. It is also the guiding ideal for the men and women of the U.S. Department of Justice in carrying out their mission
"...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; to administer and enforce the nation's immigration laws fairly and effectively; and to ensure fair and impartial administration of justice for all Americans."
The Department of Justice Strategic Plan for fiscal years 2001-2006 provides a multi year, comprehensive, realistic plan for carrying out the Department's mission. It is oriented toward achieving our vision of securing equal justice for all, enhancing respect for the rule of law, and making America a safer and less violent nation. It provides to the President, the Congress and the American people a report on the problems and challenges the Department faces in the years ahead and the goals and objectives we have set for ourselves. It is both a reaffirmation of our fundamental commitment to serve the American people in the pursuit of justice and a promise to be accountable for our progress.
THE DEPARTMENT OF JUSTICE
The Department of Justice (DOJ) is headed by the Attorney General of the United States. It is comprised of 39 separate component organizations. These include the U.S. Attorneys (USAs) who prosecute offenders and represent the United States Government in court; the major investigative agencies—the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA)—which prevent and deter crime and arrest criminal suspects; the Immigration and Naturalization Service (INS) which controls the border and provides services to lawful immigrants; the U.S. Marshals Service (USMS) which protects the federal judiciary, apprehends fugitives and detains persons in federal custody; and the Bureau of Prisons (BOP) which confines convicted offenders. Litigating divisions enforce federal criminal and civil laws, including civil rights, tax, antitrust, environmental, and civil justice statutes. The Office of Justice Programs (OJP) and the Office of Community Oriented Policing Services (COPS) provide leadership and assistance to state, tribal, and local governments. Other major departmental components include the National Drug Intelligence Center (NDIC), the United States Trustees (UST), the Justice Management Division (JMD), the Executive Office for Immigration Review (EOIR), the Community Relations Service (CRS), and the Office of the Inspector General (OIG). Although headquartered in Washington, D.C., the Department conducts much of its work in offices located throughout the country and overseas.
CORE VALUES
In carrying out our mission, we are guided by the following core values:
Equal Justice Under the Law. Upholding the laws of the United States is the solemn responsibility entrusted to us by the American people. We enforce these laws fairly and uniformly to ensure that all Americans receive equal protection and justice under the law.
Honesty and Integrity. We adhere to the highest standards of ethical behavior.
Commitment to Excellence. We seek to provide the highest levels of service to the American people. We are effective and responsible stewards of the taxpayers' dollars.
Respect for the Worth and Dignity of Each Human Being. We treat each other and those we serve with fairness, dignity, and compassion. We value differences in people and ideas. We are committed to the well-being of our employees and to providing opportunities for individual growth and development.
THE PERFORMANCE MANDATE AND THIS STRATEGIC PLAN
In recent years, the Department, and the Federal Government generally, have begun to embrace the concepts of performance-based management. These concepts have been effective in bringing about significant improvements in many private and public sector organizations and programs both in the United States and abroad. At the heart of performance-based management is the idea that focusing on mission, agreeing on goals, and reporting results are the keys to improved performance.
Congress has mandated performance-based management through a series of bipartisan statutory reforms. The centerpiece of this statutory framework is the Government Performance and Results Act (GPRA) of 1993 (P.L. 103-62). The GPRA requires agencies to develop strategic plans that identify their long range strategic goals and objectives; annual plans that set forth corresponding annual goals and indicators of performance; and annual reports that describe the actual levels of performance achieved compared to the annual goal.
The Department of Justice Strategic Plan for fiscal years 2001-2006 is prepared pursuant to the requirements of the GPRA. It revises and supersedes the strategic plan submitted by the Department in September 2000 covering fiscal years 2000-2005. This revised plan incorporates a number of changes that reflect the goals, objectives, and strategies of a Department which has seen a change of Administration in the past year and wrenching attacks on our country in recent months.
Although the immediacy of terrorism has added a compelling new dimension to the administration of law and justice, there is much in that environment that remains relevant since the last strategic plan was published in September 2000. As a result, we have retained much of the introductory material describing the overall law enforcement environment as well as the specific problems and issues facing the Department. As before, we believe this background gives the reader greater context for understanding what we do and why.
We have revised the plan with the active involvement of our component organizations and with the oversight of the Strategic Management Council, established by the Attorney General on May 16, 2001. The Council, whose permanent members include the Deputy Attorney General as Chair, Associate Attorney General, Assistant Attorney General for Administration, the Director of the Bureau of Prisons, DEA Administrator, INS Commissioner, Director of the FBI, and the Chief of Staff to the Attorney General, was established as the formal board within DOJ to provide direction and leadership on long-range planning and initiatives.
Within the Department, strategic planning is the first step in an iterative planning and implementation cycle. This cycle, which is at the heart of the Department's efforts to implement performance-based management, involves setting long-term goals and objectives; translating these goals and objectives into budgets and program plans; implementing programs and monitoring their performance; and evaluating results (figure 1). In this cycle, the Department's strategic plan provides the overarching framework for component and function-specific plans as well as annual performance plans, budgets, and reports.
Figure 1
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The Department also is integrating performance-based management concepts and practices into other core management processes, including procurement, information technology, financial accounting, and human resources. For example, we are aligning our budget, accounting and performance data in order to produce a cohesive, integrated financial information framework.
Despite our progress, we recognize that further improvements are needed. Implementing performance-based management is an iterative, ongoing process that demands significant, fundamental changes in organizational culture and business processes.
ORGANIZATION OF THE PLAN
The plan is in three chapters. Chapter I briefly outlines the major themes underlying our strategic goals and objectives, including some of the key issues we are likely to face in the years ahead. Chapter II sets forth our goals, objectives and strategies for the next five years. It also describes key interagency cross-cutting programs and summarizes the external factors that may affect goal achievement. Chapter III describes the role of evaluation in developing the strategic plan and provides a schedule of ongoing and planned program evaluations.
The scope and complexity of the Department's mission make it impossible to describe in a single document the full range and content of the Department's programs and activities. Where appropriate, reference has been made to other plans and reports that provide more detailed information in specific areas.
The Appendices include (A) a description of the resources required to implement the plan; (B) a description of the linkage between the strategic plan and the annual performance plan; (C) a summary list of mission-critical management challenges; (D) key facts on crime and justice; (E) a glossary of abbreviations and acronyms; and (F) a list of Justice component web sites.
This plan is available at http://www.usdoj.gov/jmd/mps/strategic2001-2006/index.htm.
CHAPTER I
CRIME AND JUSTICE IN AMERICA:
AN OVERVIEW OF RECENT TRENDS AND
EMERGING CHALLENGES (*)
At its very onset, the new millennium bore witness to a series of the most profound events to occur on United States soil: the terrorist attacks of September 11, 2001, on the World Trade Towers in New York City, the Pentagon in Washington, D.C., and the skies over Pennsylvania. But while no one disputes that these events will produce fundamental changes in the Nation's approach to crime and justice, the extent and effects of those changes may not be clear to us for many years.
Trends in other areas of crime and justice are more discernible, however, as data collected over the past thirty years provide a vantage point which affords a view of where we have been and where we may be headed. This section of the plan briefly describes these major developments, focusing on broad nationwide trends and issues. In addition, it attempts to look into the near term future to identify key conditions, including the terrorist threat, that are likely to impact crime and justice over the next five years and which have particular implications for the Department's strategic approach.
Reversing the Upward Trend of Crime
Since the mid 1990s there has been a remarkable and sustained reduction in the Nation's rate of serious violent crime. As figure 2 shows, all of the leading measures of crime indicate a steady decline.
Figure 2
To view data, click on the chart.
Source: Bureau of Justice Statistics, National Crime Victimization
Survey FBI, Uniform Crime Reports, Crime in the United StatesNote: The serious violent crimes included are rape,
robbery, aggravated assault, and homicide. (For related data about
homicide trends, see Homicide Trends in the U.S.). The National Crime
Victimization Survey redesign was implemented in 1993;the area with
the lighter shading is before the redesign and the darker area after
the redesign. The data before 1993 are adjusted to make them comparable
with data collected since the redesign. The adjustment methods are
described in Criminal Victimization 1973-95. Estimates for 1993 and
beyond are based on collection year while earlier estimates are based
on data year. For additional information about the methods used, see
Criminal Victimization 2000.
Not long ago, the picture was not so bright. In the 1960s, the generally downward course that crime rates had followed since the 1930s came to an end. The use of illegal drugs became more widespread, and governments at all levels responded aggressively by strengthening enforcement efforts against drug law violators, attempting to block illegal drugs at the borders, working with other countries to dismantle the criminal organizations that manufacture and distribute drugs, and mounting efforts to reduce demand for drugs. In addition, serious crimes, including violent ones, committed by young people began to increase at a fast rate. By the late 1980s, violent crime committed by young people had reached epidemic proportions. This was tied in part to a growing market for cocaine and especially its derivative, crack, in the 1980s and by the easy availability of guns.
As crime escalated, the police made more arrests; lawmakers began passing tougher laws; the number of cases prosecuted by the courts increased; and the number of people in prisons or jails, or under probation and parole supervision, reached historic highs. Over time, there were widespread changes in policies regarding crime and criminals, the resources invested in fighting crime, and the institutions that we rely upon to prevent crime and enforce the law. Foremost among these changes were the following developments:
A More Coordinated National Effort. In 1968, Congress passed the Safe Streets Act. This watershed event marked a key step toward defining the Federal Government's responsibility for carrying out a coordinated national fight against crime. For the first time, the Department was authorized to provide federal financial assistance to strengthen and improve state and local criminal and juvenile justice systems.
After declining precipitously in the early 1980s, federal financial assistance has increased significantly in recent years. It has helped states, localities, and others adopt innovative and promising practices in a wide variety of program areas, including community policing, domestic violence, and victim assistance. At the federal level, it has helped develop and disseminate new knowledge about crime, delinquency and the criminal and juvenile justice systems.
During this same time period, the Federal Government, and specifically the Department, began to increasingly invoke federal laws and resources to tackle sophisticated criminal organizations and serious offenders. It formed numerous multijurisdictional partnerships with state and local law enforcement, and supported improved information-sharing efforts among criminal justice agencies. In the 1990s, these collaborative partnerships among federal, state, and local law enforcement agencies were strengthened and expanded. For example, U.S. Attorneys are more and more playing instrumental roles in working with state and local law enforcement to define district-level priorities and develop coordinated strategies.
A More Collaborative Approach.. Since the late 1980s, criminal and juvenile justice agencies have relied increasingly on partnerships not only with other government agencies but also with community-based organizations (including schools, churches, social service providers, health care agencies, victim advocacy groups, and the business community) to address specific crime and delinquency problems at the local level. In part, these interdisciplinary and interagency collaborations are a response to the growing awareness that the causes and correlates of crime and delinquency are far too numerous and complex for any one agency to address single-handedly, and that effective solutions must involve more than a law enforcement response.
Stronger, Better Prepared Criminal Justice Agencies. Criminal justice capabilities of all levels of government have been significantly strengthened over the past three decades, largely as the result of increased spending for criminal justice purposes (figure 3). Today,law enforcement and other justice agencies are better staffed, better trained, and better equipped than they were 30 years ago. Most have also been able to modernize by automating and enhancing their records and data systems, improving communications, upgrading forensic capabilities, and introducing computerized mapping and other analytic techniques. At the federal level, there have been similar improvements. For example, the FBI has upgraded its National Crime Information Center (NCIC), introduced a new Integrated Automated Fingerprint Identification System (IAFIS), and developed the Combined DNA Index System (CODIS) for matching DNA profiles of suspected offenders.
Figure 3
To view data, click on the chart.
Source: Bureau of Justice Statistics,
Justice Expenditure and Employment Abstracts
Community Policing. During the 1970s, most police executives pursued a strategy of insulating their agencies from politics and the community to create independent, autonomous policing organizations that merely "enforced the law" impartially. However, problems with drugs, guns, gangs, public disorder, and other crime-related conditions continued unabated, or increased. As a result, beginning in the 1980s more and more agencies shifted to a community policing model. With community policing, law enforcement officers work closely with local community groups, government agencies, and nongovernmental organizations, e.g., youth groups, to identify and solve problems collaboratively. Today, community policing has been adopted by most of the Nation's larger law enforcement agencies and its core concepts are increasingly being applied to other areas of the criminal justice system, including prosecution, courts and corrections. This "community justice" movement is diminishing the distance between the police, prosecutors and other justice officials, and the communities they serve; helping restore and strengthen communal bonds; and bringing a wider range of resources to bear on solving specific community problems.
Combating Gun Violence. In the 1990s, the Federal Government, as well as many states, adopted a more aggressive approach to gun control. The Brady Handgun Violence Prevention Act required background checks during a five-day waiting period before the purchase of a handgun and the FBI established a National Instant Criminal Background Check System. By the end of 1999, more than half a million applicants with criminal records or other disqualifying conditions had been denied the purchase of a firearm by the FBI or state and local agencies. Since 1993, the use of firearms in the commission of crimes has declined, falling to levels last experienced in the 1980s.
Involving Victims. A movement to focus on the needs of crime victims began to gather strength in the late 1970s. In 1984, the federal Victims of Crime Act established an Office for Victims of Crime in the Department. Over the ensuing years, jurisdictions throughout the country, many with federal support, have set up more and more victim-witness assistance programs to advocate for victims in the criminal justice system. A number of new national organizations and thousands of community-based groups have formed to assist special victim groups, including parents of murdered children, elderly victims, victims of drunk drivers, rapists, and batterers. Many states--often through constitutional amendments--have provided for additional victim services, including victim notification of the status of court proceedings, victim impact statements during sentencing hearings, and victim compensation for medical costs and lost earnings. In addition, the Violence Against Women Act, enacted in 1994, improved the response of the Nation's criminal and civil justice systems to victims of domestic violence, sexual assault and stalking.
Sentencing Reform. The law, theory, and practice of criminal sentencing began to shift in the early 1970s. Faced with demands to "get tough on crime" in some quarters and to eliminate what was thought to be unequal justice in others, legislatures began curtailing judicial discretion and prescribing mandatory prison sentences for particular classes of offenses, such as drug sales and gun violations, and for particular types of offenders, such as repeat offenders. At the federal level, the Sentencing Reform Act of 1984 established federal sentencing guidelines requiring mandatory prison terms for certain offenses. It also abolished federal parole. This sterner mood was also evident in the return of the death penalty in the mid 1970s. By the end of 1998, 38 states and the Federal Government had statutes authorizing imposition of the death penalty in certain capital cases. In 1999, 98 persons were executed, the highest number since the early 1950s.
Incarceration of Offenders. The changes in sentencing laws and the more aggressive approach to drug law enforcement have had a profound impact on the Nation's prisons and jails. By 1999, about 1.8 million persons were incarcerated--an all-time high. Incarceration rates have risen sharply--from one in every 218 U.S. residents in 1990, to one in every 147 at midyear 1999. During this same time period, federal, state, and local governments have had to accommodate an additional 83,743 inmates per year. To meet the needs for prison and jail space, a number of new prisons and jails have been constructed. In addition, several private firms have begun to offer correctional services.
A Changing World
The Department's strategic direction for fiscal years 2001-2006 builds on these developments in the Nation's justice system. It also recognizes that, despite recent successes, the challenges ahead are formidable. Many of the issues that have occupied our time and attention the past several decades will continue but their shape and prevalence will be influenced by a changing external environment. In addition, new issues, some impossible to fully discern at present, will emerge. Two trends that will significantly affect the crime and justice challenges we face in the coming five years are largely visible now: globalization and technology.
Globalization. The world is a smaller place. People, goods, and capital increasingly flow with ease across territorial borders. These developments provide many benefits, including increased trade. At the same time, they present new opportunities for criminal acts and new threats to safety and security. These threats include the imminent possibility for terrorist attacks and the proliferation of weapons of mass destruction. They also include smuggling of illegal drugs and weapons; trafficking in humans; money laundering schemes; and the use of illegal offshore tax havens.
Even before the terrorist attacks of September 2001, the trend toward globalization had profound effects on the Department. In response, we have emphasized international partnerships in dealing with issues ranging from immigration and drug control to antitrust enforcement and the environment. We have pursued a variety of approaches to strengthening international cooperation. These include participating in the International Police Organization (INTERPOL); entering into mutual legal assistance treaties and other international agreements; providing training and technical assistance to foreign counterparts; and supporting bilateral and multilateral initiatives. In the years ahead, we anticipate that the Department's work will continue to include a substantial international dimension.
Advances in Science and Technology. Rapid developments in technology are radically changing almost every facet of life. They are altering the way we do business and conduct government, speeding communications, expanding opportunities for cultural and political expression, and greatly increasing access to a wealth of information and services. More and more, almost anyone can connect to a worldwide communications network at anytime and from anyplace.
But the benefits of an increasingly technology-dependent and interconnected world are accompanied by new challenges, including issues of privacy, security, and accessibility. Our reliance on interconnected information technology infrastructures makes us more vulnerable to possible terrorist attacks on these infrastructures. Technology is also providing new opportunities for other crimes, including fraud, theft of intellectual property, price fixing, and child pornography.
For the Department, staying abreast with, and taking advantage of, the technology revolution is especially critical. It affects every area of our work--from our attorneys who will deal with the complex legal issues technology raises, our law enforcement personnel who increasingly depend on technological tools and resources to detect and investigate crimes, to our immigration officers who rely on technology to provide timely information and services. Advances in DNA and other forensic technologies, for example, have already significantly impacted law enforcement and prosecutorial activities.
The success the Department has in accomplishing its mission over the next five years depends greatly upon its ability to anticipate and utilize the scientific and technological advances sweeping the globe. In addition to continuing breakthroughs in information technology, these are likely to include developments in biotechnology and bioengineering (such as the decoding of the human genome), and nanotechnology (the ability to manipulate matter at the atomic and molecular level).
Perhaps most daunting is simply the pace with which technology is advancing. The Department must prepare for these future developments. At the same time, it must ensure that it has an advanced, robust and reliable information infrastructure able to support its mission and provide the level of service citizens have a right to expect.
Key Crime and Justice Challenges Over the Next Five Years
Globalization and scientific and technological advances are overarching trends that will affect virtually every aspect of the Department's work in the years ahead--whether in the criminal justice arena, in administering the immigration laws, or in ensuring competitive practices in the new global economy. Some of the specific issues we expect to focus on include:
Terrorism. Terrorist incidents within the United States have been on the rise, beginning with the bombings of the World Trade Center in New York City and the Murrah Federal Building in Oklahoma City. The attacks of September 2001 demonstrated the Nation's vulnerability to such crimes and the need to strengthen its defenses against them. Improved transportation and telecommunications technologies and rapid advances in the miniaturization of electrical and mechanical devices make it easier for both amateurs and sophisticated organizations to plan and carry out attacks on people and property. At the same time, possible attacks on information infrastructures and the emerging threats of chemical, biological, radiological, and nuclear weapons make the potential consequences of terrorism more dire.
Worldwide Drug Trafficking. The supply and trafficking of illegal drugs into the United States continue to be fueled by a number of international and transnational drug trafficking organizations, many of which have amassed vast financial resources, are well-organized, extremely sophisticated, and use deadly violence to further their criminal aims. Despite successes against the Cali and Medellin cartels, a diverse group of smaller, more specialized and entrepreneurial Colombian drug rings and Mexican and Caribbean transportation organizations has emerged to fill the void left by their collapse.
Violence. Violence is still far too prevalent in American communities. Young people are especially at risk, both as potential victims and perpetrators of violent acts. American Indians are twice as likely as other U.S. residents to be victims of violent crime. Firearms are used in about one-fourth of all violent crimes--and 65 percent of all homicides. About 30 percent of all female murder victims are killed by their intimate partners.
White Collar/Economic Crimes. With the information technology revolution, opportunities for white collar crime increase. White collar crime inflicts both financial and social costs. Health care fraud, for example, not only siphons off billions of dollars paid out for fraudulent claims but also may disguise inadequate and improper treatment of patients, posing a threat to the health and safety of Americans. Antitrust violations harm American consumers, and environmental crimes threaten our natural world, including the air we breathe and the water we drink.
Substance Abuse and Crime. Research indicates that there is a clear nexus between substance abuse and crime. In 1997, three-quarters of state and federal prison inmates reported being involved with alcohol or drug abuse in the time leading up to their arrest. More than 36 percent of all convicted adult offenders under the jurisdiction of probation authorities, prisons, jails, or parole agencies in 1996 had been drinking at the time of their offense. Of special concern for the future is the continuing and regular use of drugs by a minority of "hard core" users who are criminally involved. For the many offenders likely to be returning to their communities in the coming years, breaking the cycle between substance abuse and crime is critical to increasing their chances of successful reintegration.
Immigration. The increasing ease of worldwide transportation and communications, as well as the globalization of the economy, are adding to immigration pressures. Whether to work, study, seek refuge from persecution, or simply visit, we can expect more and more people will enter this country lawfully. Providing high quality customer service to these many lawful immigrants will be a significant challenge. At the same time, we can expect that many persons will attempt to enter the United States illegally. Controlling our borders, thwarting organized alien smuggling rings, and identifying and deporting those here illegally, especially those who commit crimes, will continue to be top priorities.
Civil Rights/Hate Crimes. The increasing racial, cultural, and ethnic diversity of our society emphasizes that the civil rights of all Americans must be protected. This includes combating those crimes that are motivated by hatred against a particular group; promoting mutual tolerance; and ensuring that the institutions of justice are themselves fair, impartial, and free of bias.
The American people rightfully look to the Federal Government, and specifically the Department of Justice, to provide leadership in meeting these and other challenges. The strategic goals, objectives, and strategies described in Chapter II of this plan provide our roadmap for doing so.
*This chapter is based in part on an unpublished paper prepared by Abt Associates for the National Institute of Justice.
GOAL 1: PROTECT AMERICA AGAINST THE THREAT OF TERRORISM
The orchestrated attacks on the World Trade Center in New York City and on the Pentagon in Washington, D.C., and aborted attacks on other U.S. targets, have brought terrorism dramatically to American soil. With the attacks, terrorism for most citizens shifted from being a distant, occasional threat to a realization of imminent danger to ourselves, our families, and our institutions. The enormous loss of life and property argues forcefully that the homeland must be protected from future terrorist assaults. The Department of Justice will pursue aggressively its challenge to protect Americans from insidious terrorist attacks like those of September 11, 2001.
Dramatic changes in the international and domestic environments have increased the threat of terrorism to levels not realized only a few years earlier. These threats, which include efforts of international as well as domestic terrorists, present the Department with the challenge of protecting America from a growing number of persons willing and able to carry out devastating terrorist attacks.
Domestically and internationally, there are indications that those who would seek to harm America and its citizens are attempting to acquire or develop chemical, biological, or radiological materials for illicit use. Terrorists and other criminals seek to capitalize on the fear generated by the perceived threat of an attack using weapons of mass destruction. As the public's awareness of these weapons has increased, so has the number of threats, including a dramatic increase in threats to use anthrax and other biological and chemical agents.
The rapid technological advancements of the information age have rendered crime-fighting efforts increasingly complex and opened new avenues for global criminal activities. Nearly all critical infrastructures now rely on computers, advanced telecommunications, and, to a great extent, the Internet, for system control and management, interaction with other infrastructures, and communications with suppliers and customers. The increasing interconnectedness of our critical infrastructures through cyberspace and information systems has created new vulnerabilities, as criminals, terrorists, and foreign intelligence services learn to exploit the power of cyber-tools and weapons. Our vulnerability is exacerbated by several factors. Most of our infrastructures rely on commercially available, off-the-shelf technology which means that a vulnerability in hardware or software is not limited to one organization, but is likely to be widespread. Also, infrastructures are increasingly interdependent and interconnected, making it difficult to predict the cascading effects that the disruption of one infrastructure would have on others.
The Department of Justice's approach to protecting the U.S. from terrorism is three-pronged, focusing on the prevention of terrorist acts, the investigation of threats and incidents, and the prosecution of those accused of committing crimes by terrorist means. Prevention is our highest priority, because success in preventing terrorism saves lives and property, and reduces the need to investigate incidents and prosecute individuals. We cannot wait for terrorists to strike to begin investigations and make arrests. The death tolls are too high, the consequences too great.
Strategic Objective 1.1 PREVENTION - - Prevent, disrupt, and defeat terrorist operations before they occur.
In responding to terrorist threats, the Department seeks to develop a comprehensive understanding of the intentions of terrorist organizations in order to thwart terrorist attacks. This requires effective mechanisms to receive information on a timely basis and to develop program-specific intelligence products that will provide improved evaluation, exploitation, and dissemination of information. A closely coordinated effort among FBI Headquarters, FBI field offices, the Office of Homeland Security, the U.S. Intelligence Community, state and local partners, and the Department's Office of Intelligence Policy and Review (OIPR) in the collection, analysis, and dissemination of information related to specific threats is essential. Once threats are identified, all appropriate investigative actions must be taken, with the goal being the successful prevention of terrorist acts and prosecution of those involved. Every effort will be made to locate those responsible for terrorist acts wherever they are and prevent them from inflicting further harm.
Strategies to Achieve the Objective
Establish Anti-Terrorism Task Forces within each judicial district to coordinate anti-terrorist activities.
At the direction of the Attorney General, each U.S. Attorney's Office identified an experienced prosecutor to serve as the Anti-Terrorism Coordinator for that specific district. Representatives from federal law enforcement agencies, including FBI, INS, DEA, Marshals Service, Customs Service, Secret Service, and the Bureau of Alcohol, Tobacco and Firearms, as well as from primary state and local police forces in that district, will constitute the district's Anti-Terrorism Task Force. The task forces will be part of a national network that will coordinate the dissemination of information and the development of investigative and prosecutive strategy throughout the country. Among their responsibilities, the task forces will serve as coordinating bodies for implementing the operational plan for the prevention of terrorism and as standing organizational structures for coordinated responses to terrorist incidents in their respective districts.
Build and maintain the FBI's fullest capacity to detect, deter, counter, and prevent terrorist activity.
In establishing an objective of deterrence as part of its Counterterrorism Program, the FBI will focus on building and maintaining its utmost capacity to detect, deter, counter, and prevent terrorist activity. By identifying the critical elements of full capacity, the Bureau will be able to assess its current capacity, significant performance gaps, specific risks, and unacceptable vulnerabilities across the United States. Based on this information, the FBI will develop strategies for building its capacity and minimizing the risk of terrorist activity. The elements where capacity will be assessed include investigations, intelligence, communications, liaison, and program management. The last of these includes the mechanism through which senior national program managers articulate and are accountable for programmatic goals, objectives, and anticipated milestones to penetrate and neutralize terrorist threats and enhance the program's ability to detect, deter, prevent, and swiftly respond to acts of terrorism which threaten U.S. interests at home or abroad.
Develop an intelligence capability that fully supports the Department's counterterrorism efforts.
The DOJ will develop a comprehensive intelligence program that can identify emerging threats and patterns, find relationships among individuals and groups, and provide useful information to investigators in a timely manner. This intelligence and analysis effort will range from tactical to strategic to program intelligence in order to fully support the investigative aspect of the counterterrorism effort throughout all aspects of operation. Finally, the Department will ensure that the information collected and analyzed is disseminated appropriately to ensure that all relevant partners are fully informed and engaged in the counterterrorism effort.
Mitigate threats, especially cyber-threats, to the U.S. national infrastructure.
A key area of focus is preventing and deterring terrorists from infiltrating our complex network of U.S. infrastructures. We must initially identify and strengthen all necessary assets and capabilities (equipment, personnel, training, points of contact, intelligence base) to support and initiate complex operations designed to disrupt or defeat threats to the critical infrastructures. The FBI's National Infrastructure Protection Center (NIPC) will strengthen its intelligence base by developing information resources and working relationships with infrastructure owners and operators and providing a mechanism for information sharing between the public and private sectors. NIPC will develop all necessary assets and capabilities to support operations aimed at disrupting and defeating threats to critical infrastructures. The National Infrastructure Protection and Computer Intrusion Program is working with the National Foreign Intelligence Program on state-sponsored infrastructure threats and with the Criminal Investigative Division on criminal threats to the infrastructure.
Increased dependence on the Internet, computer networks, and computers for e-commerce and critical U.S. infrastructures has raised the stakes and created a significant threat to the economic well-being and national security of the United States from computer intrusions. These infrastructures include banking and financial institutions, the telecommunications industry, oil and gas storage and delivery, transportation, water storage and delivery, electric power, emergency services, and government operations. Hacking tools are easily available, and even unsophisticated users can cause significant harm. In addition, even though computer hacking is a transnational problem, many countries lack criminal statutes, skilled investigators, or the will to investigate computer intrusion matters.
Fully coordinate with federal, state, and local government agencies in a comprehensive effort to develop and maintain adequate domestic preparedness.
Because of the catastrophic consequences posed by a terrorist attack involving weapons of mass destruction, we must increase the preparedness of the Nation by strengthening capabilities at the local, state, and federal levels to respond effectively to terrorist events. At present, there are several international terrorist organizations that have expressed an interest in constructing weapons of mass destruction and appear to have the requisite money, resources, and access to do so. The Department will work with communities throughout the country to ensure that they have the resources and training to respond to incidents of terrorism and to assist U.S. citizens who are the victims of such violence. A comprehensive training program is integral to an effective terrorism response.
In addition to partnerships with federal counterparts, the Department will continue to foster the promulgation and dissemination of cooperative domestic preparedness initiatives in support of state and local emergency responders. Consistent with the leadership and guidance of the Criminal Division, the U.S. Attorneys have been charged with the responsibility of developing district crisis response plans. The plans will provide a crosswalk to FBI crisis response plans as well as similarly focused state, local, and regional emergency response plans.
Key Crosscutting Programs
Office of Homeland Security. DOJ will work closely with the newly-established Office of Homeland Security as it exercises its responsibility to develop and coordinate the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks.
FBI Joint Terrorism Task Force (JTTF) System. In the past, the FBI JTTF System has been the principal component for anti-terrorism coordination efforts within the DOJ. With the establishment of the Anti-Terrorism Task Forces coordinated out of U.S. Attorney Offices, described in the first strategy of Objective 1.1, representatives of the JTTFs will participate as members of the newly-established organizations and continue to exercise primary operational authority over most investigative activities.
Critical Incident Response Group (CIRG) The CIRG was created in 1994 to facilitate the FBI's rapid response to, and management of, crisis incidents and to integrate tactical and investigative resource expertise to address terrorist incidents, hostage taking, barricaded subjects, child abductions, serial murders, and other high risk violent crimes requiring an immediate law enforcement response. CIRG's many components interact with most federal, state, and local law enforcement agencies on a daily basis, including the Departments of Defense, Energy, and Treasury, and all state and local law enforcement agencies.
InfraGard. The FBI, in conjunction with the private sector, has developed an initiative called "InfraGard" to expand direct contacts with private and public sector infrastructure stakeholders to share information about cyber-intrusions, exploited vulnerabilities, and physical infrastructure threats.
Strategic Objective 1.2 INVESTIGATION - - Develop and implement the full range of resources available to investigate terrorist incidents, bringing their perpetrators to justice.
Although the Department emphasizes preventing acts of terrorism against Americans and their institutions, many of the same investigative tools and organizational structures developed for prevention can be used to investigate crimes of terrorism once they have been committed. Just as coordinating task forces, intelligence-gathering, and information-sharing are key elements of a prevention program, so too are these the essential elements of an effective investigation of crimes that have been committed.
Strategies to Achieve the Objective
Deploy the Anti-Terrorism Task Forces created within each judicial district to coordinate investigations of terrorist incidents.
These task forces, described earlier under Strategic Objective 1.1, will coordinate post-incident investigative activities by facilitating the dissemination of information and the development of investigative strategy throughout the country. As conduits of information between federal and local authorities, the task forces will provide intelligence regarding suspected terrorists to local authorities who can then aid in their identification and apprehension.
Promote and, when available, use new legislation and authorities to conduct investigations of terrorist incidents.
Because modern terrorism defies conventional crime fighting laws and authorities, the Department will endorse changes that will strengthen the likelihood of criminal terrorists being identified and brought to justice, while at the same time protecting civil liberties. Among these laws are those related to surveillance and wiretapping, ensuring law enforcement's ability to trace the communications of terrorists over cell phones, computer networks, and new technologies that may be developed in the coming years. Under the President's leadership, Congress has amended the laws and authorized new technology-neutral tools to combat and defeat terrorism and to detect and disrupt terrorist plans. The Department will implement these tools and constantly evaluate their efficacy and continued need in the fight against terrorism.
Apply all resources available to develop a comprehensive approach to investigating acts of terrorism.
The Department will expend the full range of its investigative resources to identify and apprehend criminals responsible for terrorist acts. To this end, DOJ will enhance its internal capabilities, such as by hiring investigators and support staff who are fluent speakers in languages used by terrorist organizations. The Department will also seek to complement its internal capacity by developing treaties with foreign powers and agreements with other agencies to share intelligence and collaborate on criminal investigations.
Strategic Objective 1.3 PROSECUTION - - Vigorously prosecute those who have committed, or intend to commit, terrorist acts against the United States.
The third prong of the Department of Justice's approach to protecting its citizens from terrorism is the effective prosecution of those who have been charged with criminal violations related to terrorism. A successful prosecution strategy carries a dual benefit. Not only does it bring criminals to justice and take them off the streets, it also can deter future acts of terrorism by disrupting their organizations by incarcerating their members, or by discouraging potential criminals by dimming their prospects of success.
As with Strategic Objective 1.2, many of the investigative tools and methods developed for preventing terrorism can be applied to build a strong case for prosecuting terrorist crimes. Coordinating task forces, collaborative intelligence-gathering, and cooperative information-sharing have been described above as key elements of prevention and investigation strategies. They are also essential elements of an effective prosecution program.
Strategies to Achieve the Objective
Build strong cases for prosecution through the use of district Anti-Terrorism Task Forces and the evidence they develop.
Because the task forces are coordinated by experienced prosecutors from U.S. Attorney Offices in each district, the Government will be able to build stronger cases, coordinating efforts throughout investigations, so that evidence is solid, properly obtained and developed, and appropriately preserved. With clarified prosecution strategies, federal and local law enforcement authorities will be better guided toward the strongest, most relevant evidence available for a sound prosecution.
Promote and, when available, use new legislation and authorities to prosecute suspected terrorist criminals to the fullest extent of the law.
To now, our laws have made it easier to prosecute members of conventional organized crime than to crack down on terrorists who, as events have shown, can kill thousands of innocent people in an instant. The same is true for drug traffickers and individuals involved in espionage–our laws have treated these criminals and those who aid and abet them more seriously than terrorists. Under the President's leadership, Congress has amended the laws to place terrorism on a par with organized crime and drug trafficking. The Department will continue to assess the need for greater legal restrictions on terrorist activities while protecting civil liberties of law-abiding citizens.
MANAGEMENT CHALLENGES
Effectively Managing Counterterrorism -- In recent years, the threat of terrorist attacks against the United States has increased. The President's budget request for FY 2001 included $11 billion for anti-terrorism programs and activities government-wide, but there may remain potential gaps or duplication of service between state and local governments. Additionally, clear linkages need to be established between DOJ threat analysis and the development of a national anti-terrorism strategy. A recent audit by the Inspector General found that funds disseminated to state, local and non-Department of Justice federal agencies were particularly at risk due to lack of oversight. The Department will meet the management challenge by ensuring accountability in all its programs, especially its counterterrorism efforts.
GOAL 2: ENFORCING FEDERAL CRIMINAL LAWS
Keeping America safe by deterring, investigating, and prosecuting violations of federal criminal laws is at the heart of our Strategic Plan. It is a key mission element. The Department focuses on combating those crimes whose violence and economic impact most threaten the fabric and security of American society and for which the Department has particular jurisdiction and unique competencies. Goal Two outlines the Department's strategic objectives in reducing violent crime, particularly violent crime arising from the illegal use of guns, organized criminal enterprises and drug trafficking organizations; combating espionage against the United States; combating white collar crime, particularly economic crime and cybercrime; and combating crimes against children and other vulnerable victims. The Justice components that share responsibility for this strategic goal include the U.S. Attorneys, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Criminal, Antitrust, Environment, and Tax Divisions.
Strategic Objective 2.1 VIOLENT CRIME - - Reduce the threat, incidence, and prevalence of violent crime, especially as it stems from illegal use of guns or from organized criminal enterprises.
Increasing the quality and number of gun prosecutions, both federally and at the state level, is an established priority of the Department. Components throughout the Department are committed to improving our law enforcement response to gun violence and to assist communities in addressing evolving violent crime problems. Enhanced enforcement of gun laws across the nation is a means to achieving a reduction in gun violence. Moreover, it sends a clear message to anyone who illegally uses or possesses a gun that there is a unified effort at all levels of government to bring armed violent offenders to justice.
Organized criminal enterprises consist of both traditional and non-traditional crime groups. While the traditional groups operate with an hierarchical organization, the non-traditional groups have a looser but evolving structure.
Traditional criminal enterprises of the various La Cosa Nostra (LCN) families focus on making money through illegal activities, including various racketeering crimes, such as narcotics trafficking, fraud, money laundering, extortion, gambling, arson, counterfeiting, and prostitution. LCN maintains and enforces its power through murder and intimidation. The threat posed by the LCN to American society is two-fold. First is the sheer amount of criminal activity it generates, ranging from drug trafficking to theft, loan-sharking, white collar schemes, and labor and management racketeering. According to law enforcement estimates, annual losses attributable to the LCN are estimated to be more than $100 billion, much of which is passed on to consumers as higher prices for goods and services. Second is the LCN's ability to corrupt public, labor union, and business officials. It is this ability that is one of the defining factors separating "organized crime" from violent street gangs and other criminal activity. Corruption provides protection for the organization, shields its leadership from prosecutions, and creates a circle of self-perpetuating criminal activity.
Non-traditional organized crime groups from Russia, Eastern Europe, Asia, Central and South America, Africa, and many other parts of the world have begun to operate effectively and very dangerously in the United States. These groups have flourished in the drug underworld and have employed violent means to establish themselves. They are not as firmly established as the LCN, although some of them have emulated the LCN in the way they have structured their operations.
Members of domestic and ethnic street gangs frequently engage in drug trafficking activities and often use firearms in the commission of their crimes. These violent gangs are taking over parts of cities, flooding streets with drugs, and terrorizing and killing innocent people. An emerging problem is gangs comprised of older, more experienced and hardened criminals that have formed networks with counterparts across the nation. These gangs are more violent than their predecessors and their criminal activities are far more sophisticated.
Violent street gangs often engage in gun trafficking in order to raise money as well as fortify gang members. In order to obtain firearms, gang members engage in robberies, home invasions, and other acts of violence. Gang members acquire false identification in order to purchase firearms. Additionally, gang members recruit associates without criminal records to travel interstate for the purpose of purchasing firearms, using the proceeds from drug trafficking, robberies, and other criminal activity.
In a recent survey on gang activities conducted by the National Drug Intelligence Center (NDIC), 85 percent of the law enforcement agencies responding reported that gangs were active within their jurisdiction. These reporting agencies identified more than 13,700 gangs and 750,000 gang members. According to the National Alliance of Gang Investigators Association National Threat Assessment published in February 2000, there were more than 30,000 gangs and 800,000 gang members. While gang membership is difficult to estimate, experts agree that the numbers are much higher than they were a decade ago. Among the disturbing trends noted in the survey is the increase in the possession of guns by gang members. Despite the fact that the incidence of gun violence has declined and federal prosecutions for firearms offenses have increased, violence stemming from the illegal use of guns remains a serious concern. Although the Brady Act has been effective in denying the sale of guns to more than 500,000 felons, fugitives, and other persons prohibited from possessing firearms, all too often guns are in the wrong hands. Every day in the United States, 93 people die of gunshot wounds either accidentally or intentionally inflicted.
Strategies to Achieve the Objective
Reduce violence stemming from the illegal use of guns in each of the 94 federal judicial districts.
In May 2001, the President and Attorney General announced Project Safe Neighborhoods, a nationwide commitment to reduce gun crime in America by networking existing local programs that target gun crime and providing those programs with additional tools necessary to be successful. The effectiveness of Project Safe Neighborhoods is based on the ability of federal, state, and local agencies to cooperate in a unified offensive that is guided by the United States Attorney in every one of the 94 federal judicial districts across America. Through intensive collaboration with federal, state, and local law enforcement, each United States Attorney will implement the five core elements, described below, of Project Safe Neighborhoods. The elements will be contoured to fit the specific gun crime problems in a given district. To complement the efforts of local gun crimes units, the Department of Justice will create a Firearms Enforcement Assistance Team composed of prosecutors, agents, and analysts experienced in each of the five core elements of this initiative. This team will stand ready to assist in the field as needed to consult, advise, and prosecute in districts with problems. The goal is to create safer neighborhoods by reducing gun violence and sustaining the reduction.
1. Partnerships. This initiative will require every United States Attorney to coordinate all gun-related programs at the federal, state and local law level within the district. Each United States Attorney will establish a task force consisting of federal and local officials to review and prepare gun cases for prosecution in the most appropriate forum. Good examples of strong, coordinated partnerships include Project Exile, originated in Richmond, Virginia, and Operation Ceasefire, created in Boston, Massachusetts. The success of these models is based largely upon the strength of the partnerships established between federal and local law enforcement and prosecutors.
2. Strategic Plan. Of vital importance to the success of any law enforcement partnership is the development of strategic plans to attack gun violence. The strategic plans, like the specific gun violence problems, will vary from one community to another. In one area, an aggressive plan to target violent gangs may be appropriate, while in another area, a plan to target illegal gun possessors may be more effective. Although the means may differ, the goal is the same: to reduce gun violence.
3. Training. Training is essential for officials to keep current on laws and trends that affect law enforcement. In order to maintain an edge in the attack on gun violence, this initiative mandates more expansive and comprehensive training for federal, state, and local law enforcement officers and prosecutors. As part of this initiative, the Justice Department will partner with the Bureau of Alcohol, Tobacco and Firearms (ATF), the National District Attorneys Association, and local law enforcement to conduct innovative regional cross-training of prosecutors and agents involved in gun crime enforcement. This training will address firearms identification, safety, federal and state firearms violations and statutes, federal and state search and seizure laws, crime scene and evidence management, and firearms trafficking and tracing.
4. Outreach. Community outreach and public awareness constitute essential components of any successful gun violence reduction plan. By conveying the priorities, message and results of this enhanced enforcement effort to the media and community members, the United States Attorney can help shape the attitudes of law abiding citizens and those who would otherwise believe they can violate gun laws with impunity.
A strategic network will be established with new or existing coalitions within each community with the goal of encouraging "ownership" of this initiative. As demonstrated by Project Exile and Operation Cease-fire, public outreach increases awareness, develops surrogates, and enhances the deterrent effect of the strategy within the community. Items as simple as bumper stickers, pump logos, and other promotional materials will promote visibility of this initiative within the community.
5. Accountability. A critical component of a comprehensive gun violence reduction plan is understanding the impact of efforts. Traditionally, enforcement efforts have been measured by counting the number of arrests, prosecutions, and convictions ("outputs") rather than the impact these law enforcement efforts have on reducing crime ("outcomes"). This initiative includes resources to assist the United States Attorneys in measuring the long term impact of the programs they implement. Regular reporting to the Department of Justice will be required to assess outcomes, to gauge the success of the measures implemented, and to analyze trends. This will help to assess our progress and to instill accountability into our enforcement efforts.
The Department is committing substantial resources to the Project Safe Neighborhoods: $558.8 million will be committed to the effort over the next two years, including the $233.6 million already available this year. The funding is being used to hire new federal and state prosecutors, support investigators, provide training, and develop and promote community outreach efforts.
With respect to organized gun trafficking by violent street gang enterprises, the FBI, through its Safe Streets Task Forces (SSTF) targets the organized acquisition, transportation, and distribution of firearms by violent street gang enterprises. This is designed to supplement the arsenal of investigative tools used by SSTF investigators to target criminal enterprises and is clearly distinguished from Bureau of Alcohol, Tobacco, and Firearms lead initiatives designed to target individual offenders who possess firearms in violation of federal law.
Target specific organized criminal enterprises to eliminate their power and influence in America.
The Department will continue to identify, penetrate, and dismantle major criminal enterprises so that real progress is made toward reducing the influence of all organized criminal enterprises. For well-entrenched international organized crime, our strategy is to identify the most significant organizations operating in the United States; identify their structure, hierarchy, and operations; and initiate joint investigations designed to curtail their emergence. Addressing the threat posed by the Eurasian Criminal Enterprises (ECEs) requires a dual strategy. First, it involves neutralizing the ECES that have the potential to engage in complex criminal conspiracies that can inflict substantial harm to American economic interests; second, it involves assisting vulnerable foreign governments to build their own investigative capacity to reduce the number of places within which ECES can freely operate or to prevent these criminal organizations from establishing a foothold in the first place. Regarding Asian Criminal Enterprises, our strategy is to concentrate on identifying the most significant groups, their leadership, and their scope and territory of criminal activity.
Target, investigate, and prosecute the most violent street gangs in our cities and communities.
The FBI will continue to focus its National Gang Strategy (NGS) on major violent domestic street gangs/drug enterprises that pose significant threats to the integrity of American society. Historically, NGS groups have displayed the ability to be well-organized, innovative, and extremely violent in protecting and securing the organizations' criminal goals. Coupled with the ability to quickly expand nationally, NGS groups are formidable opponents of law enforcement. These organizations have a strong foothold in many rural and urban cities across the country, and therefore need to be targeted and/or monitored proactively through joint federal, state, and local investigative initiatives to neutralize future growth.
The Bureau's resources are concentrated to thwart this expansion of gang activity and related violent criminal activity. The strategy is composed of a proactive effort that seeks to identify and neutralize emerging national gang trends. In responding to the national priorities, the FBI will identify, prioritize, and target violent street gangs whose activity pose a significant multijurisdictional threat. In areas where no NGS gang is present, the FBI strategy will be to prioritize and target for investigation those violent street gangs deemed to be the most significant and criminally active in that region. Where there is a presence of an NGS gang but it is determined not to be the most significant or criminally active in the area, the FBI strategy will be to monitor the activity of the NGS gang through its intelligence and appropriate multidivisional coordination and liaison efforts while prioritizing and targeting for investigation those violent street gangs deemed to be the most significant and criminally active in the field office territory.
Accordingly, certain criminal enterprises pose a significant threat to American society because of their multidivisional or multijurisdictional nature, their propensity for violence, and their rapid proliferation. The Enterprise Theory of Investigation is the focus of the NGS, and should address large multijurisdictional street gangs that can be most effectively eliminated through the use of this strategy. These enterprises, nearly all of which have numerous factions, include the Bloods, Crips, Folk Nation, People Nation, Mara Salvatrucha, 18th Street Gang, La Raza, Border Brothers, Outlaw Motorcycle Gangs, and Prison Gangs.
Provide operational enforcement assistance and training to tribal governments.
The Department will continue to provide both training and direct investigative and prosecutorial assistance to tribal governments. Accordingly, the U. S. Attorneys have designated Assistant U.S. Attorneys as tribal liaisons to work cooperatively with tribal police, prosecutors, and judges. The FBI, which has primary jurisdiction over major crimes committed by or upon Indians within Indian Country, uses its Tribal Assistance Program appropriations to fund training, operational expenses, and equipment purchases for Indian Country law enforcement efforts. The training provided includes homicide investigations, crime scene management, first responder, interviewing/interrogating, drug investigations, child sexual abuse, street survival skills, archeological crimes, crisis management, command college, stress management, and gaming violations.
Through its Office of Indian Country Investigations, the FBI assists tribes in the investigation of violent crimes committed in Indian Country. In addition, the Bureau provides a large share of the forensic exams for FBI Indian Country investigations either directly through its own laboratories or by funding non-FBI labs. The Indian Country Evidence Task Force, created on June 1, 2000, is dedicated solely to Native American crimes.
Promote increased cooperation with foreign law enforcement authorities.
The Department will continue to improve international cooperation against violent and organized crime through enhanced liaison and international training and technical assistance activities. It will also strongly support and expand efforts to use Mutual Legal Assistance Treaties as means to acquire evidence and other assistance from foreign countries. Through the U.S. National Central Bureau/International Criminal Police Organization, it will communicate and exchange information between domestic and foreign law enforcement agencies to ensure that the common interests of the United States are accurately represented to the international law enforcement community.
Key Crosscutting Programs
Asset Forfeiture Program. The Department's Asset Forfeiture Program (AFP) is a nationwide law enforcement program that continues to be an effective and powerful weapon in the Department's fight against crime. The primary mission of the AFP is to maximize the effectiveness of forfeiture as a deterrent to crime. Illegal organizations - - large and small - - are enhanced by the profits and proceeds obtained through such illicit activity. The AFP is committed to destroying criminal organizations by means of depriving drug traffickers, racketeers, and other criminal syndicates of their ill-gotten proceeds and the instrumentalities of their trade. The AFP includes training to educate federal, state, and local forfeiture prosecutors and investigators in ways to enhance the expertise needed to integrate forfeiture into every investigation and prosecution appropriately. The Department encourages federal, state, and local law enforcement cooperation by sharing the proceeds of a forfeiture with the state or local law enforcement agency that participates in an investigation which results in a forfeiture.
Strategic Objective 2.2 DRUGS - - Reduce the threat, trafficking, and related violence of illegal drugs by identifying, disrupting, and dismantling drug trafficking organizations.
The devastating impact of drug trafficking and the use of illegal drugs is amply illustrated by figures published by the Office of National Drug Control Policy (ONDCP) in the 2000 "National Drug Control Strategy." That report estimated that there were approximately 52,000 deaths and $110 billion in economic losses which occurred in the United States in 1995 as a result of illegal drug use. That economic figure included costs from unnecessary health care, crime, and lost productivity resulting from substance abuse. Illicit drug use hurts families, businesses, and neighborhoods; impedes education; and chokes the criminal justice, health, and social service systems. Three and one-half million Americans are chronic drug users and over one-half million drug-related emergencies occur each year in the U.S.
Foreign-based and sophisticated drug trafficking organizations are responsible for supplying the U.S. with most of its illegal drugs, and trafficking of these drugs is a significant factor in the crime and violence that occurs in our communities. As a result of extensive and effective law enforcement operations in both the U.S. and Colombia, the operations of many of the notorious Colombian drug trafficking cartels which controlled the cocaine trade in the 1980s and early 1990s have been significantly disrupted. Unfortunately, the threats posed by those cartels have been replaced by smaller entrepreneurial drug trafficking organizations based in Colombia, Central America, and the Caribbean, and by Mexican drug trafficking organizations which transport cocaine, heroin, marijuana, methamphetamine, and other synthetic drugs across the southwest border of the United States.
As a result of law enforcement activities in the Caribbean and South Florida, Colombian cartels have formed alliances with Mexican smuggling groups to transship large loads of cocaine across the Mexican/United States border. The smuggling groups have evolved into large scale, sophisticated drug trafficking organizations which control the drug trade across the 2,000 mile border. Today, approximately 66 percent of the cocaine entering the U.S. is smuggled across the southwest border. Mexican drug trafficking organizations also engage in substantial acts of violence and public corruption along both sides of the border to support their drug trafficking operations.
Law enforcement strategies to target the organizations that traffic in illicit drugs must address a variety of smuggling and production efforts:
- - Cocaine and heroin are produced entirely outside the United States and smuggled into this country, largely over our southern border. Approximately three-quarters of the world supply of cocaine is produced in Colombia. While the majority of worldwide heroin production is located in countries that are virtually immune to United States influence - - particularly Myanmar and Afghanistan - - the primary source of heroin sold in the United States is Colombia and Mexico.
- - Although methamphetamine is smuggled into the United States, much is also manufactured in thousands of clandestine laboratories, primarily located in California and the Midwest. Not long ago, clandestine laboratory operators treated their recipes for methamphetamine as valuable secrets; now, recipes for making methamphetamine are available on the Internet. In addition, Mexican trafficking groups are now manufacturing large amounts of methamphetamine in "super" labs located in California and Mexico.
- - Most marijuana available in the United States is produced in Mexico and South America then smuggled across the southwest border. However, marijuana continues to be cultivated in the United States, both indoors and outdoors. For example, in 2000, over 2.8 million plants were eradicated, of which nearly 2.6 million were outdoor plants. In addition, over the past two decades, while the average tetrahydrocannabinol (THC) content of commercial-grade marijuana increased from 2 to 5.2 percent, the increase in THC potency of marijuana cultivated indoors was staggering. Indoor cultivation, often comprised of sinsemilla plant, was much higher, rising from 3.2 percent in 1977 to an average of 13.2 percent in 2000. Also of note is the influx of Canadian marijuana (commonly referred to as "BC Bud") into the northwestern United States. According to the Royal Canadian Mounted Police, the THC potency of BC Bud is between 12 and 15 percent.
The Department focuses its law enforcement efforts on disrupting and dismantling the drug trafficking organizations and their members that supply and distribute the wholesale quantities of illicit drugs, as well as the individual drug traffickers who sell drugs on the streets of America. Over many years, the Department has developed and will continue an integrated approach to attacking the international organizations that use sophisticated mechanisms to distribute drugs, as well as the local trafficking organizations that prey on communities.
Strategies to Achieve the Objective
Coordinate domestic and foreign strategic intelligence information from all sources, including the law enforcement agencies, intelligence community, and financial databases.
The Department has long recognized the need to target its limited drug enforcement resources in order to achieve any lasting success against the large, well-financed, and sophisticated criminal organizations that are responsible for bringing most illegal drugs into the United States and distributing them once they get here. Such strategic targeting and coordination of national-level drug investigations and prosecutions is accomplished by the Special Operations Division (SOD).
The SOD is a multiagency national law enforcement coordinating entity comprised of agents, analysts, and prosecutors from DEA, the FBI, the U.S. Customs Service (USCS), the NDIC, and the Department's Criminal Division. The mission of SOD is to coordinate and support regional, national, and transnational criminal investigations and prosecutions against the major drug trafficking organizations threatening the United States. While SOD continues to focus on the major transnational criminal drug trafficking organizations operating along either side of the U.S.-Mexico land border and in Colombia, it has expanded its role to coordinate and support transnational criminal investigations of the emerging major drug trafficking organizations operating in Europe and Asia.
To fulfill its mission, the SOD works closely with the Organized Crime Drug Enforcement Task Force (OCDETF) program, the High Intensity Drug Trafficking Area (HIDTA) program, and USAOs across the country. The SOD routinely performs its mission seamlessly across both investigative agency and district jurisdictional boundaries. The NDIC routinely assists SOD by deploying Document and Computer Exploitation teams in support of the highest priority SOD missions.
The timely exchange of investigative information and intelligence is critical to the success of the SOD mission. SOD has achieved dramatic successes in coordinating and supporting law enforcement operations to dismantle and destroy national and international drug trafficking organizations. We expect continued expansion in the accomplishments from SOD with the recent inclusion of the Internal Revenue Service's Criminal Investigative Division and the establishment of a financial investigative section at SOD.
Target drug traffickers and their organizations through OCDETF or equally complex investigations, using asset forfeiture as well as other tools when appropriate, and investigate and prosecute the movement of drug proceeds into, within, and out of the United States.
The Department's counternarcotics strategy is built around the recognition that the best way to attack sophisticated narcotics trafficking and money laundering organizations and their attendant criminal activity (e.g., corruption, violent crime, organized crime, and tax evasion) is through the use of a coordinated, interagency task force. The Department implements this strategy in several ways. The Department's long-standing OCDETF program, with its nine federal law enforcement agencies, is one example. The OCDETF program uses its wide range of agency expertise, experience, and capabilities to disrupt and dismantle the highest level drug trafficking organizations. More recently, the Departments of Justice and Treasury created the Special Operations Division, described above, which coordinates about 20 major national and international investigations each year.
Both the Departments of Justice and the Treasury are committed to identifying and attacking money laundering through a coordinated national approach targeting specified sectors of the financial system. In 1999, the two agencies, along with federal regulators and the Postal Inspection Service, announced a joint National Money Laundering Strategy. Through this approach, a particular financial sector is targeted to reduce its money laundering potential. Coordinating the use of asset forfeiture in our efforts to combat drug trafficking is also critical. Through the appropriate use of asset forfeiture, the Department attacks the economic infrastructure of criminal organizations to take the profit out of drug trafficking and deprive the criminals of the illegally-gotten gains which are used to operate and expand their enterprises.
Develop and implement a district drug enforcement strategy under the guidance of each U.S. Attorney.
The harm caused to our cities and towns by local drug trafficking organizations must be addressed at the community level, and the Department, through the U.S. Attorney in each district, leads these efforts. By bringing together the federal, state, and local law enforcement representatives in their districts, the USAs can draw upon the talents and experiences of each of the participating agencies. Whereas state and local law enforcement are likely to have the necessary strategic information and experience on local gangs, federal agents can utilize state-of-the-art investigative technology, witness security programs, and sophisticated laboratory analysis of evidence.
Reduce the domestic production of illegal drugs and the illegal diversion of precursor and essential chemicals.
Precursor and/or essential chemicals are crucial for manufacturing most illicit drugs sold on the streets of the United States. For example, the processes used to refine raw coca into powder cocaine and to produce methamphetamine require a variety of chemicals. The Department has two initiatives that target chemical distributors who are involved in diverting precursor and essential chemicals to the illicit marketplace. Operation Backtrack targets "rogue" chemical distribution companies who sell precursor chemicals. Operation Velocity supports investigations of domestic methamphetamine distribution groups and clandestine laboratory operators. The Department, through DEA's Domestic Cannabis Eradication and Suppression Program, uses coordinated planning and operations to enhance the ability of federal, state, and local agencies to suppress cultivation of marijuana and increase crop destruction.
Finally, the Department participates in the ONDCP-funded National Methamphetamine Chemical Initiative, a multiagency working group consisting of representatives from the DEA, USAOs, NDIC, and state and local law enforcement officials. Representatives of this working group collaborate in the production and dissemination of timely information bulletins focusing on emerging trends related to the production and distribution of methamphetamine.
Support international cooperative efforts to investigate and prosecute major drug trafficking organizations and bilateral and multilateral initiatives to mobilize international efforts against illegal drug activities.
Unfortunately, the growth of the global economy has made it easier for drug traffickers to move across borders and ship their illegal goods. The Department seeks every opportunity to gain cooperation from other nations in its fight against major drug traffickers through a variety of agreements and treaties, as well as less formal contact. For example, the DEA operates country attache offices in 57 foreign countries. Another example is the Department's Bilateral Case Initiative, which began when the DOJ and Colombian law enforcement conducted unprecedented investigation and prosecution efforts against the most significant traffickers in Colombia, and which has now expanded to other countries in the region. Also noteworthy is the success of DEA's Operation Amethyst (Purple), an ongoing, coordinated international effort of 28 countries, the International Narcotics Control Board, International Criminal Police Organization/INTERPOL, and the World Customs Organization, which seeks to stem the diversion of the cocaine-essential chemical, potassium permanganate, to the Andean Region. Additionally, the NDIC has trained Her Majesty's Customs and Excise on the use of RAID (Real-time Analytical Intelligence Database) and document exploitation and, at the request of the Department of State, is providing the same training to law enforcement personnel in Mexico.
Key Crosscutting Programs
OCDETF. The DOJ is responsible for the administration of the OCDETF program, which includes organizations within the Department of Justice (DEA, Criminal Division, FBI, USMS, USAO, INS) other federal law enforcement organizations (ATF, IRS, USCS, and the U.S. Coast Guard), as well state and local law enforcement agencies. Its purpose is to coordinate investigations of drug trafficking organizations which are international, multijurisdictional, or which represent organized criminal enterprises. In addition, the OCDETF Executive Office and the National High Intensity Drug Trafficking Area Director's Office work collaboratively to target these organizations.
Organized Crime Strike Force Units. The Department maintains Organized Crime Strike Force Units in 23 USAOs, staffed by Assistant U.S. Attorneys who are dedicated exclusively to prosecuting LCN/Italian, Eurasian, and Asian organized crime cases. These offices have liaison with representatives of various federal investigative agencies as well as some state and local law enforcement agencies. To ensure that the program is coordinated from a national point of view, the Strike Force Units operate under general operational supervision and oversight of the Organized Crime and Racketeering Section of the Criminal Division.
HIDTAs. The Anti-Drug Abuse Act of 1988 authorized the Director of the Office of National Drug Control Policy, in consultation with the Attorney General and the Secretary of the Treasury, to designate as HIDTAs areas of the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country. The HIDTA program improves the efficiency and effectiveness of drug control efforts by facilitating cooperation among federal, state, and local law enforcement and demand reduction agencies. Since 1990, 31 areas within the United States have been designated as HIDTAs.
High Intensity Financial Crimes Areas (HIFCAs). The Departments of Justice and the Treasury have designated the first four HIFCAs, where high concentrations of money laundering and other related financial crimes exist, and will coordinate federal, state, and local law enforcement resources to identify and target money laundering within the designated areas.
Maritime Drug Smuggling Investigations Program. The Department of Justice and U.S. Coast Guard have worked together to set in place improved procedures that will enhance the prosecution of the maritime drug smuggling cases where United States forces participated in the apprehension of the perpetrators.
NDIC Threat Assessments and Intelligence-sharing. NDIC produces strategic intelligence products that provide policy makers with timely information relating to the supply and demand of illicit drugs in the United States. Examples of these products are the annual National Drug Threat Assessment, state and regional assessments, Information Bulletins, the annual Arrival Zone Threat Assessment, and the Maritime Drug Threat Assessment. NDIC fosters information- sharing among federal, state, and local law enforcement and intelligence agencies through its National Drug Intelligence Library, and by distributing the Counternarcotics Publication Quarterly. NDIC's technology programs–such as upgrading the RAID database to provide cross-case analysis and internationalization, as well as NDIC's Hashkeeper initiative to improve computer exploitation–will enhance law enforcement's ability to process, analyze, and share information. Furthermore, the NDIC cooperates with, supports, and co-produces joint assessments with the various HIDTAs and OCDETFs, the DEA, FBI, and the SOD; it also conducts a quarterly multi-agency training course for the benefit of federal, state, and local law enforcement and intelligence personnel.
The El Paso Intelligence Center (EPIC). EPIC is a multiagency intelligence program designed specifically to act as a clearinghouse for tactical drug-related intelligence. The coordination services provided by EPIC are information-based and draw on the expertise of staff from multiple federal agencies.
Strategic Objective 2.3 ESPIONAGE - - Combat espionage against the United States by strengthening counterintelligence capabilities.
Foreign intelligence threats are planned, authorized, and financed by powers beyond our boundaries. Given the origin, nature, and constantly changing focus of these threats, they can never be completely eliminated. However, the success of foreign intelligence operations and the harm that they can cause to the United States can be mitigated with effective counterintelligence.
Over the past five years, the scope and nature of the foreign intelligence threat to the United States has expanded dramatically. In addition to traditional threats targeted toward obtaining sensitive information on traditional U.S. targets, (i.e., national defense, military operations and policy, U.S. intelligence, and science and technology information), numerous non-traditional threats have emerged, targeting similar information. Moreover, many of these intelligence threats have expanded their targets to include other sectors affecting U.S. security, most notably sensitive economic information and proprietary technology information. Concurrently, foreign threats now have elaborate and sophisticated networks consisting of governmental and nongovernmental entities engaged in long-term efforts to obtain information.
Moreover, rapid changes in technology have provided foreign intelligence threats with new, inexpensive, and efficient means to target, collect, and disseminate sensitive information. Intelligence operations against the United States are now far more fluid and complex than at any time in the past, making detection and prevention far more difficult.
Strategies to Achieve the Objective
Strengthen the Department's intelligence base and analytical capability to assess and respond to intelligence threats.
The DOJ must expand its knowledge of the intentions, methods, and capabilities of foreign intelligence threats. In addition, the Department must review the precise application of existing policies and guidelines to these threats, particularly with regard to foreign powers conducting activities in previously atypical target areas. The basis of the foreign counterintelligence program is the analysis of reliable human source information and timely information derived through the Foreign Intelligence Surveillance Act. Gaining such information will require strengthening cross-program sharing of information and expertise; improving surveillance capabilities; and developing new technologies, including improved information management systems, to keep pace with the rapidly changing foreign intelligence threats. The Department also must improve its capacity to evaluate and anticipate threats posed by the intelligence activities of foreign powers. An increased emphasis on predictive analysis should produce operational intelligence products of broader scope and improved timeliness, as well as long-range, strategic studies addressing the intelligence collection plans, methods, intentions, capabilities, and personnel of foreign powers.
Key Crosscutting Programs
National Security List. The Department, in coordination with other elements of the intelligence community, engages in long-range analysis to identify and counter emerging threats. Foreign intelligence threats are investigated under the National Security List, which includes two categories of threats: country threats and issue threats. The categories were established to focus investigative efforts on activities which are detrimental to U.S. interests, and to provide sufficient resources to maximize efforts against those that are the most significant.
Strategic Objective 2.4 WHITE COLLAR CRIME - - Combat white collar and economic crime, especially cybercrime.
The Department recognizes that a strong deterrent capability is necessary to prevent criminals from defrauding and, therefore, weakening the Nation's industries and institutions, eroding the trust of the American public. White Collar Crime (WCC) encompasses illegal acts characterized by deceit, concealment, or violations of trust. These acts are generally not dependent on the application or threat of physical force or violence. They are committed by individuals and organizations in order to obtain money, property, and services, or to secure personal or business advantage.
WCC has been conservatively estimated to cost the U.S. billions of dollars annually. Precise financial losses resulting from WCC for consumers, government, and business are unknown since no systematic data collection exists. Only periodic case studies of some aspect of white collar crime, such as personal fraud or health care fraud, have been undertaken. For example, a 1995 National Institute of Justice (NIJ) study entitled "Victimization of Persons by Fraud," estimated an annual loss from personal fraud exceeding $40 billion. The NIJ study also found that 31 percent of survey respondents reported being a victim of personal fraud in 1995. A more recent National White Collar Crime Center study published in 2000 found that 36 percent of survey respondents said someone in their household had been a victim of fraud in the past 12 months. White collar crime accounted for approximately 13 percent of all cases filed by the Department of Justice in Fiscal Year 2000; financial institution fraud accounted for 36 percent in the same year.
The true cost of WCC is not always measurable in dollars. The corruption of public officials undermines trust in government, while ecological crimes, such as the illegal dumping of toxic wastes, can result in irreparable harm to the environment and endanger public safety. Some Internet fraud schemes, such as market manipulation of certain stocks, can cause massive losses for unwary investors. Other schemes - - such as fraudulent online sales of dangerous drugs or bogus medical devices - - can create a risk of serious physical harm or death. Unchecked, WCC can have a devastating impact on the nation's public welfare and economic well-being. The Internet Fraud Complaint Center is helping to identify and measure Internet crime.
It is often noted that just as the Internet and other global network computer systems have transformed the way we conduct business, run government, educate and communicate generally, such networks have also provided a powerful new medium in which to commit unlawful acts. The Internet provides con artists, extortionists, vandals, and other criminals with a formidable tool to commit traditional and new crimes. Because end users are spread across the world, a single scheme through the Internet can reach a vastly larger pool of potential victims than was possible a decade ago, at a far lower cost and unprecedented speed. The Internet also can provide a veil of anonymity that is difficult or impossible to achieve except in cyberspace.
Combating computer crime requires investigators, forensic experts, and prosecutors who must all have technical expertise. Unlike law enforcement agents fighting traditional crime, these individuals not only need to know generally how to investigate or prosecute a crime, but must also have specialized skills and training in computers and technology. They must be sufficiently conversant with technology to ensure that evidence is not lost or overlooked. Forensic experts need to know how to protect evidence and how to recover, analyze, and protect digital evidence that is often perishable and easily damaged. Prosecutors must know more than standard evidentiary and procedural rules; they must understand the specialized language and other complexities of high-technology crimes and be able to translate the evidence in a manner that is technically accurate, but also understandable to judges and juries.
In addition to corruption and cybercrime, WCC encompasses a wide assortment of other criminal economic schemes which vary in scope and complexity. Because the Department realizes the significance of WCC and its national impact, it devotes considerable resources to countering its many facets, as summarized in Table 1.
TABLE 1. Summary of White Collar Crime Categories and Issues
Category
Issues
Health Care Fraud Fraudulent billing schemes in health care services rendered, as related to Medicare, Medicaid, government insurers and providers, private insurance companies, home health agencies, etc., Defrauding or misleading patients on quality of care issues.
Needless prescriptions for durable medical care equipment in exchange for "kickbacks."
Financial Institutions, Telemarketing and Other Fraud Internet fraud. Mortgage and commercial loan fraud.
Check and negotiable instrument fraud.
Bankruptcy fraud.
Securities fraud and abuse in pension plans.
Consumer (telemarketing) fraud, particular cross-border fraud.
Fraudulent schemes against the elderly.
Money laundering.
Identity theft, e.g., illegal credit card use, etc.
Public Corruption Corruption of government policies and programs. Loss of government funds due to fraud, kickbacks, bribery, etc.
Campaign finance violations in federal elections.
Computer Crime and Theft of Intellectual Property Computer thefts and intrusions. Economic espionage.
Intellectual property crime,e.g., illegal copying, counterfeit goods or services).
Internet/Online crime and other fraudulent schemes.
Antitrust Violations Increasingly complex matters. Bid-rigging schemes.
Price fixing cartels that are:
Highly sophisticated; Increasingly international;
Significant for the large volumes of commerce involved; and
Extremely broad in terms of the number of businesses and consumers affected. Environmental Crimes Endangerment of the environment and public health, e.g., hazardous waste disposal, protection of habitats, water pollution, illegal trade in banned products, etc. Fraud in environmental remediation industry.
Smuggling of endangered species and other protected species.
Exploitation and abuse of marine resources through illegal commercial fishing.
Environmental impact of other criminal activity, e.g., clandestine drug laboratories.
Tax Fraud Evasion of taxes through understatement of legal sources of income. Utilizing domestic trusts and other abusive tax shelters to evade federal tax liabilities.
Illegal tax protest.
Secreting assets in foreign countries to evade federal tax liabilities.
Strategies to Achieve the Objective
Bolster the effectiveness of white collar crime investigations and prosecutions by strengthening coordination among domestic and international law enforcement agencies.
Key Department strategies for addressing WCC are developing partnerships with, and fostering coordination among, domestic and international law enforcement and regulatory agencies. The growth of electronic evidence and records, electronic commerce, and globalization magnify impediments that must be overcome in combating WCC and make such coordination indispensable. Because the Department's prosecutorial efforts are reliant upon excellent detection and investigation, Justice components have increased their participation on multiagency task forces and in collaborative initiatives to maximize opportunities to coordinate det
