Tag: Department of Justice

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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.

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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.

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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

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Attorney General’s Honors Program Application

Since 1953, the Attorney General’s Honors Program has been recognized as the nation’s premier entry-level federal attorney recruitment program.  The Honors Program attracts candidates from hundreds of law schools across the country representing a broad cross-section of experiences and interests.  Selections are made based on many elements of a candidate’s background, including a demonstrated commitment to government service, academic achievement, leadership, journal, moot court and mock trial experience, clinical experience, past employment, and extracurricular activities that relate to the work of Justice and the relevant component.  The Department of Justice seeks high caliber attorneys to advance its mission and welcomes applications from candidates whose backgrounds reflect the Nation’s rich diversity

Key Dates

  • July 31: Application opens
  • Early September: Application deadline
  • Late September:  Interview candidates selected
  • Mid-October – early November:  Main Honors Program interview period
  • Late November – February:  Offers Extended

For more information, please check the link: https://www.justice.gov/legal-careers/entry-level-attorneys

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Department of Justice’s Summer Law Intern Program Application

The Summer Law Intern Program (SLIP) is the Department of Justice’s competitive recruitment program for compensated summer internships.  Law students who participate in the SLIP benefit from an exceptional legal experience and invaluable exposure to the Department of Justice.  Interns represent diverse backgrounds and  interests, and come from a wide range of law schools throughout the country.

SLIP Deadlines & Key Dates

  • July 31 – Application Opens
  • Early September:  Application Deadline
  • Early October: Interview Candidates Selected
  • Mid. Oct – early November: Telephone Interviews
  • Late Nov. – January/ February:  Offers Extended

For more information, please check the link: https://www.justice.gov/legal-careers/summer-law-intern-program

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Press Release: Coalition Calls on Inspector General to Investigate Possible Profiling of Asian American Scientists

WASHINGTON — The National Council of Asian Pacific Americans (NCAPA), National Asian Pacific American Bar Association (NAPABA), OCA – Asian Pacific American Advocates (OCA) and Asian Americans Advancing Justice were joined by 77 Asian Pacific American, civil rights and civil liberties organizations in sending a letter today to the Department of Justice Inspector General Michael E. Horowitz seeking an independent investigation into what appears to be a trend of Asian American scientists being arrested and indicted for espionage-related crimes, only to later have all charges dropped, without explanation.

60 Minutes recently highlighted the cases of Temple University Physics Department Chair Dr. Xiaoxing Xi and National Weather Service Hydrologist Sherry Chen, bringing these cases renewed national attention.

Last November, NCAPA and NAPABA led a letter to U.S. Attorney General Loretta Lynch urging her to lead a Department of Justice investigation. Forty-two members of Congress also requested a full investigation, followed by aCongressional Asian Pacific American Caucus letter to Inspector General Horowitz last month.

In April 2016, the Department of Justice issued new rules to provide greater oversight, consultation, and coordination for all national security related cases. While these are welcome improvements, they leave unanswered critical questions about what happened in the cases of Dr. Xi and Ms. Chen and whether profiling played any role.

“Members of Congress as well as the civil rights and legal communities continue to be concerned that individuals appear to have been targeted for investigations based on their perceived race, ethnicity, or national origin,” said NAPABA President Jin Y. Hwang. “As we have seen in the cases of Dr. Xiaoxing Xi and Ms. Sherry Chen, these investigations upend lives and have lasting impacts even after charges are dropped. We continue to urge the Department of Justice to conduct thorough and independent investigations to assure the American public that the protections afforded by the Constitution and enshrined in Department policy prohibiting profiling are being followed in the interest of preserving a fair and unbiased legal system.”

“OCA is concerned with the apparent practice of racial profiling in national espionage cases. Both Sherry Chen and Professor Xi’s cases highlight the very human costs of charges brought to court with insufficient evidence,” said OCA Chief Executive Officer Ken Lee. “The treatment that both of them endured must never happen again. That is why we, along with our partners at NCAPA, NAPABA, and the Asian Americans Advancing Justice network, sent a letter to the Inspector General’s office. We remain committed to ensuring that there is an independent investigation of the Department of Justice by the Inspector General’s office to determine whether or not race, ethnicity, and national origin is a determining factor in all national espionage cases, particularly in the cases against Asian Americans. To allow our nation’s headquarters for legal justice to use such underhanded tactics to persecute individuals would be a mockery of the advances our country has made in civil rights and equal and equitable treatment for all Americans.”

“Dr. Xi and Ms. Chen have already suffered enough professionally and psychologically. They deserve answers–and so do the American people,” said NCAPA National Director Christopher Kang. “We are deeply concerned by even the appearance of anyone being targeted because of their race, ethnicity or national origin, and we must prevent any practice of profiling from happening again. The Department of Justice must preserve our fundamental values of fairness and due process and protect our civil rights and civil liberties.”

For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or [email protected].

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PRESS RELEASE: NAPABA Urges Attorney General to Examine DOJ Investigations Targeting Asian Americans

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For Immediate Release
Sept. 2, 2015

For More Information, Contact:
Brett Schuster, Communications Manager
[email protected], 202-775-9555

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) joined the Committee of 100 and five other professional and community Asian Pacific American (APA) organizations in sending a letter calling upon U.S. Attorney General Loretta Lynch to examine whether racial animus has had a role in a growing number of criminal prosecutions brought by the Department of Justice (DOJ) against certain Asian Americans, who are primarily of Chinese descent. The letter raises concerns about the use of law enforcement practices that are inconsistent with the guidance that DOJ issued in December 2014 that declared that racial profiling practices were ineffective and should no longer be used by law enforcement.

“The majority of prosecutors in this country perform their duties fairly and without bias,” said NAPABA President George C. Chen. “But I am deeply concerned about the possibility that race and ethnicity are being used by certain overzealous prosecutors in cases that unfairly question the loyalty and patriotism of Asian Pacific Americans, promote negative racial stereotypes, and use racial profiling practices. I urge the Department of Justice to work with us to find better ways to safeguard U.S. national interests while protecting civil liberties.”

The joint letter urges Attorney General Lynch to take action by overseeing the investigations and prosecutions where Chinese Americans are being targeted in cases brought under the U.S. export control, economic espionage, or computer crime statutes. Disconcertingly, an alarming number of these cases appear to have involved instances of inflammatory rhetoric and unfounded accusations based on race.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 40,000 attorneys and approximately 75 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).