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. 

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.

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.

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.

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.

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.

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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NAPABA Congratulates Biden Nominees for the Department of Justice

For Immediate Release: Date: January 7, 2021

Contact: Priya Purandare, Executive Director

Vanita Gupta to become highest ranking AAPI in agency history

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) congratulates Judge Merrick Garland, Lisa Monaco, Vanita Gupta and Kristen Clarke on their nominations to serve in the Department of Justice in the Biden-Harris administration.

“NAPABA heartily congratulates these four stellar individuals on their nominations to lead the Department of Justice. These nominees have a long history of public service, including at the Department of Justice,” said A. B. Cruz III, president of NAPABA. “Notably, if confirmed, Vanita Gupta would become the highest ranking Asian American and Pacific Islander (AAPI) to ever serve at DOJ and the first woman of color to serve as Associate Attorney General. We are both proud of and encouraged by the nomination of Vanita and strongly recommend the Biden-Harris administration to continue to draw upon the demonstrated value of AAPI attorneys by actively engaging them to serve in other key leadership roles.”

We thank President-elect Biden for nominating Ms. Gupta to the position and fervently urge him to nominate an AAPI for a Cabinet Secretary position.

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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 in government and the judiciary on the local, state, and federal levels, 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.

Global Investigations Review Article on “Why anti-bribery enforcement scrutiny in China is here to stay” Co-Authored by Jian Wu

On May 21, 2020, Global Investigations Review published an article co-authored by AABANY Asia Practice Committee Co-Chair Jian Wu. The article is titled “Why Anti-bribery Enforcement Scrutiny in China Is Here to Stay.”

The article discusses how the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) are increasingly enforcing the Foreign Corrupt Practices Act (FCPA) against US public companies with operations in China. Following the DOJ’s announcement of the new “China Initiative” in November of 2018, priority has been given to identifying FCPA cases involving Chinese companies that compete with American business. Recently, it was reported that a US-listed health nutrition company was nearing a $123 million settlement with the DOJ and SEC related to an anti-corruption compliance investigation in China. The article highlights that such FCPA investigations and cases are likely to increase in the US. However, it still remains to be seen if China will follow up enforcement measures with a parallel focus.

The article notes that because “…the China Initiative puts Chinese companies and individuals in the spotlight, multinational corporations should carefully deal with their ongoing business relationships involving Chinese companies. At the same time, multinational corporations should not take enforcement by the Chinese authorities lightly. Chinese authorities are increasingly exercising closer supervision over bribery activities involving multinational corporations.”

With recent and ongoing policy changes and rising tensions between the US and China with the COVID-19 pandemic, multinational corporations need to focus on corporate compliance in 2020, remain informed about any new FCPA related developments, and get ahead of any challenges that may arise ahead of time.

To read the full article, click here.

In The News: Law 360 Article “Responding To DOJ’s Increasing Int’l Antitrust Extraditions” Co-Authored by Brian Song

On April 1, 2020, Law 360 published an article co-authored by Immediate Past President Brian Song. The article is entitled “Responding To DOJ’s Increasing Int’l Antitrust Extraditions.”

The article discusses how the Antitrust Division of the Department of Justice is increasingly using extradition to prosecute individuals alleged to have violated U.S. law. It discusses various recent cases where extradition has successfully been exercised, mainly from Italy and Germany, by the Department of Justice solely based on an antitrust charge.

The article notes that foreign nationals facing prosecution by the Antitrust Division have few choices of recourse. They include pleading guilty in exchange for the possibility for lower sentences, hunkering down in their home country and not traveling abroad, and seeking to have the charges dismissed on constitutional or statute of limitation grounds from abroad.

However, since the options available to foreign defendants are limited, and given the success of recent extraditions, foreign defendants should consider their options very carefully.

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

https://www.bakerlaw.com/webfiles/Litigation/2020/Alerts/Obrien-Law360s.pdf