Tag: Department of Justice

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AABANY SOC & Bankruptcy Committee Present: What do Bankruptcy Lawyers Do?

On February 21, 2023, AABANY’s Student Outreach & Bankruptcy Committees hosted a virtual panel discussion to inform students about different career pathways for bankruptcy attorneys.  The event ran from 6-7pm virtually on Zoom.  The panel was moderated by Student Outreach Committee Co-Chairs Sharon Yang and Charlene Hong and featured the following panelists:

·      Courina Yulisa (Dorsey & Whitney LLP)

·      Patrick Chen (Morgan Stanley)

·      Jacqueline Tran (Law Clerk to SDNY Bankruptcy Judge Sean H. Lane)

·      Annie Wells (U.S. Trustee Program, Department of Justice)

Panelists discussed the difference between bankruptcy and restructuring and the unique characteristics of bankruptcy as a legal practice.  In particular, the panelists highlighted how litigation and transactional skills overlap within a bankruptcy practice group at a firm.  The discussion also covered the day-to-day of a bankruptcy law clerk, the various hats an in-house counsel must wear, and the role of a government attorney in the U.S. Trustee Program.  The main takeaways included the importance of seeking various internships and opportunities to gain exposure to bankruptcy practice, and the value of networking with bankruptcy attorneys to understand their various roles.

AABANY thanks the Student Outreach and Bankruptcy Committees for organizing the event and all panelists, moderators, and students who attended. To learn more about the Student Outreach Committee, please click here.  To learn more about the Commercial Bankruptcy and Restructuring Committee, please click here.

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NAPABA Welcomes End of Discriminatory “China Initiative”

Released February 24, 2022

Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON –NAPABA welcomes the announcement that the Department of Justice (DOJ) will be ending the “China Initiative.” The program created an environment that placed heightened scrutiny on persons of Chinese ancestry in academic and research environments. For the past seven years, NAPABA has expressed concern about the profiling of Chinese American researchers and scientists and worked with partners in Congress to speak out against impermissible racial profiling.

“NAPABA applauds the end of the China Initiative,” said A.B. Cruz III, acting president of NAPABA. “We are pleased that the Department of Justice heard the concerns of members of the Asian American community, researchers, and scholars, that the program was creating a chilling effect and air of suspicion around scholars of Chinese ancestry. While NAPABA recognizes legitimate national security risks exist, with the increase in anti-Asian hatred, ending programs that create an impression of anti-Asian discrimination is even more important. We thank the Administration for putting an end to this counter-productive program and Rep. Judy Chu, Rep. Ted Lieu, and the Congressional Asian Pacific American Caucus for their leadership on this issue.”

During a speech on Wednesday, Assistant Attorney General Matt Olsen announced changes that the DOJ is making to end the “China Initiative.” The China Initiative was established in 2018 to bring the DOJ’s economic espionage and national security investigations involving China and persons of Chinese ancestry under one umbrella. The program resulted in a number of cases in which charges were dropped or dismissed by the Courts, including the cases of Dr. Xiaoxing Xi, Sherry Chen, and Dr. Anming Hu.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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In The News: AABANY’S Karen King Co-Authors New York Law Journal Article in DOJ’s China Initiative

On November 8, 2021, the New York Law Journal published an article co-authored by Pro Bono & Community Service Committee Co-Chair Karen King, together with fellow Morvillo Abramowitz Partner Telemachus Kasulis. The article is entitled “DOJ’s China Initiative’s Three-Year Anniversary: Growing Pains and Uncertainty.” 

The article discussess how the Department of Justice’s “China Initiative” encourages discrimination and racial profiling against Asian Americans. The China initiative was started three years ago to combat economic and national security threats from the Chinese government. The article reveals how in reality only a small portion of cases involved actual charges of economic espionage or conspiracy. In one instance, a Chinese Canadian engineering professor, Anming Hu, was wrongly prosecuted for being a Chinese spy and was acquitted of all charges this past September. 

The authors note a parallel of the China Initiative to other discriminatory acts: “Critics continue to liken the China Initiative to the Chinese Exclusion Act of 1882, the internment of Japanese Americans during World War II, McCarthyism, and racial profiling against Muslims in the wake of the September 11th attacks.” 

The article relates that the Biden administration has only made five new cases public. The authors note that the Biden administration appears to be stepping away from non-disclosure cases in which ties to the Chinese government appear weak. 

To read the full article, click on the following link: 

https://files.constantcontact.com/d6baf1e7801/f2add8b0-8343-4378-956c-6826d2ca9289.pdf

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AABANY Members: Applications for the U.S. Department of Justice Attorney General’s Honors Program and Summer Law Intern Program are now open!

The U.S. Department of Justice Office of Attorney Recruitment and Management is excited to announce that the Attorney General’s Honors Program (HP) and Summer Law Intern Program (SLIP) application is now open. The deadline for receipt of applications is Wednesday, September 8, 2021, at 11:59 PM ET. Applications must be submitted via the online application. There are many exciting opportunities throughout DOJ, including entry-level attorney positions (permanent and term-limited) as well as paid summer legal internships.

Detailed information about the HP and SLIP, including offices participating and the number of available positions, can be found at:

Information about all of DOJ’s legal hiring programs, including experienced attorney hiring and volunteer internships, is online at https://www.justice.gov/legal-careers. The Department places a high value on diversity of experiences and perspectives and encourages applications from qualified candidates from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities. 

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NAPABA Congratulates Todd Kim on his Confirmation as Assistant Attorney General for Environment and Natural Resources

Correction: NAPABA would like to note that Todd Kim is the second AAPI to serve as Assistant Attorney General for the U.S. Department of Justice Environment and Natural Resources Division. Shiro Kashiwa previously held the post from 1969-1972.

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) congratulates Todd Sunhwae Kim on his confirmation to become Assistant Attorney General for the U.S. Department of Justice (DOJ) Environment and Natural Resources Division (ENRD). Mr. Kim will be the second Asian American Pacific Islander (AAPI) to helm the Division.“Todd Kim is intimately familiar with ENRD’s vast and varied portfolio and has the necessary experience to be ready on day one,” said A.B. Cruz III, President of NAPABA. “NAPABA congratulates Mr. Kim on his confirmation to lead the DOJ’s efforts to protect this nation’s environment and natural resources.”Previously, Mr. Kim served as an attorney in the appellate section of ENRD where he argued appeals on behalf of the United States in all thirteen U.S. Circuit Courts of Appeals. He ably represented ENRD’s interests, which span 10 sections and includes prevention and cleanup of pollution, land acquisition, protection of wildlife, management of public lands, protecting the rights and resources of federally recognized Indian tribes and their members, and prosecution of environmental crimes.In 2006, Mr. Kim was selected to serve as the first-ever Solicitor General for the District of Columbia, a position he held for over 11 years. Mr. Kim graduated from Harvard College and Harvard Law School and then clerked for the Honorable Judith Rogers on the U.S. Court of Appeals for the District of Columbia. He is an active member of NAPABA and the Asian Pacific American Bar Association of the Greater Washington, D.C. Area.
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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
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NAPABA Statement on DOJ’s Guidance on Improving the Department’s Efforts to Combat Hate Crimes and Hate Incidents

For Immediate Release: Date: May 27, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, Attorney General Merrick Garland issued guidance to the U.S. Department of Justice (DOJ) on “Improving the Department’s Efforts to Combat Hate Crimes and Hate Incidents.”  The guidance implements the DOJ’s obligations under the newly enacted COVID-19 Hate Crimes law.

As part of today’s announcement, Attorney General Garland stated that the DOJ will, amongst other activities:

  • Designate the Chief of the Civil Rights Division’s Criminal Section to expedite review of hate crimes allegations brought to light during the COVID-19 pandemic.
  • Appoint a Deputy Associate Attorney General to serve as coordinator for DOJ’s anti-hate crime and hate incident resources.  That coordinator will also be a central hub for law enforcement and community stakeholders on relevant training and outreach materials. 
  • Encourage all U.S. Attorneys Offices to designate both a criminal and civil Assistant U.S. Attorney to serve as Civil Rights Coordinators in every judicial district.
  • Create district alliances of between federal, state, and local law enforcement, against hate, where feasible.
  • Establish a position of Language Access Coordinator for the Department. 

NAPABA is already working in several of these areas. NAPABA has, in partnership with APIA Health Forum, created Combat Hate Crimes Toolkits in 25 different AA NHPI languages on how to identify and report hate crimes.

Language equity and access has been a priority of NAPABA for decades.  NAPABA encourages the Coordinator to draw on NAPABA’s Language Access Project and its groundbreaking report on linguistic equity for Asian Pacific Americans navigating the justice system.

To report a hate crime, contact local law enforcement or your nearest FBI field office, or visit: https://www.napaba.org/page/ReportaHateCrime

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

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NAPABA Statement on the Senate Confirmation of Vanita Gupta

For Immediate Release: Date: April 21, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) congratulates Vanita Gupta on her historic bipartisan confirmation by the Senate, to serve as Associate Attorney General in the U. S. Department of Justice (DOJ), the third highest ranking position at the Department. She now becomes the most senior Asian American Pacific Islander (AAPI) leader at DOJ ever, and the first woman of color to serve as Associate Attorney General.

“NAPABA is thrilled that the Senate has confirmed Vanita Gupta to lead the DOJ’s efforts in the critical areas of civil rights, the environment, justice-oriented grant making, community policing, community relations, violence against women, tax enforcement, antitrust, and ensuring the rights of service members and veterans, among other responsibilities” said A. B. Cruz III, president of NAPABA. “Her tenure could not have come at a more pivotal time for so many populations of color and vulnerable people, especially as we face an onslaught of anti-Asian hate crimes and bias-motivated attacks against our communities.” 

NAPABA applauds President Biden for nominating Ms. Gupta to the position and the Senate for confirming her at this crucial time.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.
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Statement On S. 937 COVID-19 Hate Crimes Act

For Immediate Release: Date: April 22, 2021

Contact: Priya Purandare, Executive Director

Today, the United States Senate, in an overwhelmingly 94-1 bipartisan vote, passed S. 937, the “COVID-19 Hate Crimes Act” introduced by Senator Mazie Hirono (D-HI).  This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes related to the COVID-19 pandemic. Notably, the legislation recognizes a “COVID-19 hate crime” as an act of violence motivated by the actual or perceived relationship to the spread of COVID-19 of any person based on their race, ethnicity, age, color, religion, national origin, sexual orientation, gender, gender identity, or disability. The Senate-passed legislation also incorporates the Jabara-Heyer No Hate Act which increases resources for hate crimes reporting and assistance for victims of hate crimes.

“NAPABA congratulates the Senate for passing this important legislation, and Senator Hirono for her leadership on this issue,” said NAPABA President A.B. Cruz III. “This bill squarely addresses one of the root causes of the increase in hate crimes and bias-motivated incidents being committed against the Asian American community – the dangerous rhetoric and falsehood that somehow Asian Americans are responsible for the COVID-pandemic. NAPABA is committed to ensuring justice for hate crimes and hate-motivated incidents committed against the Asian American community, and looks forward to swift passage in the House and enactment into the law.”

NAPABA believes this bill will help state and local law enforcement to better investigate and record hate crimes and hate incidents and prosecute them where appropriate. The legislation also requires the Department of Justice to issue guidance on establishing online hate crimes and hate incident reporting in multiple languages, and to work with the Department of Health and Human Services to issue guidance on best practices to mitigate discriminatory language in describing the COVID-19 pandemic.  In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the APIA Health Forum have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders. 

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

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Todd Kim Nominated Assistant Attorney General, Environment and Natural Resources at the U.S. Department of Justice

For Immediate Release: Date: March 15, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, President Joe Biden nominated Todd Kim as Assistant Attorney General, Environment and Natural Resources at the U.S. Department of Justice. If confirmed, Kim will be the first AAPI to lead this division.

“NAPABA offers its sincerest congratulations to Todd Kim on his nomination to lead the Environment and Natural Resources Division of the U.S. Department of Justice,” said A.B. Cruz III, president of NAPABA. “Todd is a talented and accomplished attorney who has extensive litigation experience of high-profile matters of national significance, including winning appeals with the U.S. Supreme Court and across appellate and state supreme courts. NAPABA applauds the Biden-Harris administration on their commitment to diversity with the nomination of Todd, and urges the Senate to confirm him as Assistant Attorney General.”

Todd Kim currently serves as the Deputy General Counsel for Litigation, Regulation, and Enforcement at the U.S. Department of Energy, and previously served as the first Solicitor General of the District of Columbia, and as an appellate attorney with the Environment and Natural Resources Division of the U.S. Department of Justice. Kim was a partner at Reed Smith and clerked for Judge Judith Rogers of the U.S. Court of Appeals for the District of Columbia Circuit.  He received his A.B. with honors from Harvard College and his J.D. with honors from Harvard Law School.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

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PRESS RELEASE: MENG AND HIRONO TO INTRODUCE LEGISLATION TO COMBAT SURGE OF ANTI-ASIAN HATE CRIMES

This press release has been issued by the Offices of Congresswoman Grace Meng and Senator Mazie Hirono.

For Immediate Release: March 11, 2021

Contacts: 

  • MENG: Mark Olson, 202-819-5580
  • HIRONO: Martha Spieker, 202-365-7943

Legislation comes as Asian Americans and Pacific Islanders experience wave of physical, verbal, and online attacks

WASHINGTON, D.C. – U.S. Rep. Grace Meng (NY-06), First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), and U.S. Senator Mazie K. Hirono (D-HI), Executive Board Member of CAPAC, announced their plan to reintroduce the COVID-19 Hate Crimes Act, which seeks to address the ongoing hate and violence targeted toward Asian Americans and Pacific Islanders (AAPIs) by providing greater assistance with law enforcement response to COVID-19 hate crimes and creating a position at the Department of Justice to facilitate expedited review of such cases.

Specifically, the bill would:

  1. Designate an officer or employee of the Justice Department to facilitate expedited review of COVID-19 hate crimes reported to federal, state, and/or local law enforcement;
  2.  Issue guidance for state and local law enforcement agencies to:
    1. establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages;
    2.   expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes; and
  3.  Issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic, in coordination with the Secretary of Health and Human Services and the COVID–19 Health Equity Task Force and community-based organizations.

“The ongoing anti-Asian hate crimes and incidents, especially against our elderly Asian Americans, is absolutely horrific. I am honored to introduce the COVID-19 Hate Crimes Act with Senator Hirono to address this disgusting pattern of hate,” said Congresswoman Meng. “Before this pandemic started, I urged everyone—including elected officials—to not blame Asian Americans for the virus. My words were not heeded. The former president and his Congressional Republican enablers trafficked racist, bigoted terms to describe COVID-19. In doing so, their language stoked people’s fears and created an atmosphere of intolerance and violence, which persists even today. Since the beginning of the pandemic there has been nearly 3,000 reported incidents of physical, verbal, and online attacks against Asian Americans. Even in my own district in Queens, New York, Asian Americans have been attacked. To combat those acts, we need DOJ to prioritize addressing these heinous acts by designating a point person for these COVID-19 related hate crimes; make it easier for victims to report crimes committed against them; and expand public education campaigns to address COVID-19 hate crimes and incidents. This must end and it is why we are working to ensure our justice system has the people and resources to effectively account for and mitigate anti-Asian hate crimes. I look forward to this bill becoming law.”

“We’ve seen the horrifying consequences of racist language as AAPI communities across our country experience hate crimes and violence related to the pandemic,” said Senator Hirono. “The COVID-19 Hate Crimes Act addresses the surge in violence against AAPI communities by dedicating an official at the Department of Justice to expeditiously review hate crimes reported to law enforcement. The bill also provides resources for communities to come together and fight intolerance and hate. This is no less than victims deserve.”

“We are grateful for Senator Hirono and Representative Meng’s leadership in responding to the increased attacks on Asian Americans during the ongoing COVID-19 pandemic,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice | AAJC. “We need improvements in the reporting and handling of COVID-19-related hate crimes by law enforcement at the local, state, and federal levels, as well as making systems more accessible for people with limited proficiency in English. We appreciate the emphasis on linguistically appropriate and culturally competent engagement on data collection and reporting. Asian Americans Advancing Justice | AAJC is committed to countering hate in all its forms, and we will to continue to push for a comprehensive approach to documenting and addressing hate crimes and prioritizing health and safety for all.”

“NAPABA applauds Senator Hirono and Congresswoman Meng for their decisive action to introduce legislation responding to the rise in anti-Asian hate incidents during the COVID-19 pandemic,” said. A.B. Cruz, III, president of the National Asian Pacific American Bar Association (NAPABA). “NAPABA is committed to ensuring that hate crimes against the Asian American community are properly investigated and prosecuted. The expedited review of hate crimes reported to federal, state, and local law enforcement by the Department of Justice will increase accountability in addressing hate against our community, and establishing a platform for online reporting of hate crimes and incidents in multiple languages will allow more victims to come forward.”

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