On August 3, the Office of the New York State Attorney General released its Report of Investigation into Allegations of Sexual Harassment by Governor Andrew M. Cuomo, finding that the Governor had engaged in sexually harassing conduct with eleven individuals. AABANY would like to recognize and commend its longtime sponsor Cleary Gottlieb Steen & Hamilton LLP for their work on the investigation into the sexual harassment allegations against Governor Cuomo. The report not only found that Governor Cuomo had engaged in inappropriate contact with a number of State employees but also that the Executive Chamber normalized a culture of “fear and intimidation.” This hostile environment gave rise to dismissive and inadequate handling of sexual harassment allegations, while also permitting inappropriate behavior to persist within the Executive Chamber. As such, the investigative work performed by Cleary Gottlieb Steen & Hamilton LLP was critical to supporting the Office of the New York State Attorney General which was charged by the Governor to conduct the investigation.
AABANY acknowledges and commends the important work of everyone else involved in this historic investigation, namely, Anne Clark and Yannick Grant of Vladeck, Raskin & Clark. Board Director Karen Yau practiced as a litigation associate and, before his 1994 appointment as United States District Judge in the Southern District of New York, Judge Denny Chin was a partner at Vladeck, Waldman, Elias & Engelhard, P.C., the predecessor of Vladeck, Raskin & Clark. Additionally, AABANY acknowledges and commends Joon Kim, Jennifer Kennedy Park, Abena Mainoo and Rahul Mukhi of Cleary. We proudly note that Joon Kim and Rahul Mukhi are current AABANY members. Joon was the former Acting United States Attorney of the Southern District of New York, and he was honored by the AABANY Prosecutors’ Committee in 2015, at its 7th Annual Reception. Read more about that event here.
Please join AABANY in recognizing the vital work of Attorney General James and everyone who worked on this investigation and report.
WASHINGTON—Last night, a gunman entered multiple businesses in Atlanta and opened fire on their predominantly Asian American workforces. This horrifying act of violence left eight dead, including six Asian American women. There have now been nearly 3,800 documented attacks against Asian Americans since the start of the pandemic just over a year ago, with this incident, sadly, being the most brazen and violent.
The National Asian Pacific American Bar Association (NAPABA)’s president A.B. Cruz III issued the following statement:
“NAPABA extends its heartfelt condolences to the family, friends, and coworkers of the eight victims. Last night’s murders are only the latest in a distressing trend that specifically targets and physically attacks Asian Americans—particularly the elderly and women. This is totally unacceptable.
While further details of this violent act are still forthcoming, it is clear, from this latest tragedy and the many before it, that the Asian American community has good reason to be acutely concerned. Therefore, we specifically call on federal and local state law enforcement to aggressively investigate and prosecute these unconscionable killings to the fullest extent, including unearthing and evaluating all evidence supporting that these murders were racially motivated.
NAPABA is working closely with its Affiliate, the Georgia Asian Pacific American Bar Association on this matter. We are fully committed to providing the necessary resources to the victims and their families to ensure justice ultimately prevails, and our community and our allies may heal and transcend this atrocity.”
NAPABA’s hate crimes resources, including providing pro bono legal assistance, can be found here. NAPABA’s Stand Against Hate campaign, denouncing racism can be found here. NAPABA and its affiliates’ past statements on anti-Asian hate can be found here.
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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 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.
For More Information, Contact: Brett Schuster, Communications Manager [email protected], 202-775-9555
70+ Asian Pacific American, Civil Rights, and Civil Liberties Organizations Urge U.S. Attorney General to Investigate Possible Profiling of Asian American Scientists
“We firmly believe that otherwise innocent actions by Americans must not become suspicious simply because of the person’s ethnic surname or perceived national origin.”
WASHINGTON — The National Council of Asian Pacific Americans (NCAPA) and the National Asian Pacific American Bar Association (NAPABA) are joined by 70 organizations in sending a letter today to U.S. Attorney General Loretta Lynch seeking an independent investigation into what appears to be a trend of Asian American scientists being suspected of economic espionage, indicted and arrested, without the full support of the facts.
Science magazine has reported that in the past year alone, charges have been dropped against five Chinese-born scientists accused of crimes related to trade secrets theft or economic spying. The most recent cases of potential profiling involve U.S. citizens Dr. Xiaoxing Xi, chair of Temple University’s physics department, and Sherry Chen, a hydrologist and employee of the National Weather Service. All charges against both were dropped — but not before wreaking irreparable damage to their lives, careers, and reputations.
“We are deeply concerned at the prospect of anyone being targeted for their race, ethnicity, or national origin,” said NCAPA National Director Christopher Kang. “Two is a coincidence, and three is a trend. It is time for a full and independent investigation into the cases of Dr. Xi and Ms. Chen, so there is not even an appearance of profiling in cases moving forward.”
“We thank the more than 70 organizations in our growing coalition — from 16 NCAPA organizations and the NAACP to the ACLU and People For the American Way,” Kang continued. “This is not a Chinese American issue or an Asian American issue. It is an American issue — to preserve our fundamental values of fairness and due process and to protect our civil rights and civil liberties.”
“Americans across the country are very concerned that individuals appear to be targeted for investigations based on their perceived race, ethnicity, or national origin,” said NAPABA President Jin Y. Hwang. “Attorney General Lynch must lead a thorough and independent investigation to assure the American public that the protections afforded by the Constitution and enshrined in Department policy prohibiting profiling are being followed. The broad and diverse coalition of more than 70 civil rights and legal organizations calling for this investigation highlights the importance of a fair and unbiased legal system to our country.”
Dr. Xiaoxing Xi and Sherry Chen will join a Congressional Asian Pacific American Caucus (CAPAC) press conference Tuesday, Nov. 17, at 9:30 a.m. EST in the Capitol (H-137) with Representatives Judy Chu (CA-27) and Ted Lieu (CA-33).
Earlier this month in a letter led by Representatives Ted Lieu, Judy Chu and Keith Ellison, 42 members of Congress called upon Attorney General Lynch to lead the Department of Justice in an independent investigation.
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 approximately 50,000 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.
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.
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.
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and its Chicago-based affiliates — the Asian American Bar Association of Greater Chicago (AABA), Chinese American Bar Association of Greater Chicago (CABA), and Korean American Bar Association of Chicago (KABA) — along with the Filipino American Lawyers Association of Chicago (FALA) and the Indian-American Bar Association of Chicago (IABA) express concern over the actions of certain Chicago police officers captured by recently-released video surveillance, which depicts officers using racist and anti-immigrant language during an arrest last summer.
“The actions shown in the video raise questions about how people of color and immigrants, particularly those who are limited English proficient, are treated by Chicago police officers,” said Bill Simonitsch, president of NAPABA. “We urge Mayor Emanuel and Chicago Police Superintendent Garry McCarthy to fully investigate this incident and work with the local Asian Pacific American community to ensure that immigrants and all people of color feel protected by local law enforcement officials.”
According to a lawsuit filed in federal court on May 14, 2014, Chicago police officers verbally harassed and physically abused a Chinese American spa manager during a raid on a local business in July 2013. The security video shows officers entering the spa, apprehending the woman and striking her while she was kneeling and handcuffed. Police officers can be heard on the video making racist and anti-immigrant remarks during the arrest. One officer refused to believe that the woman was an American citizen and told her “You’re not f—— American! I’ll put you in a UPS box and send you back to wherever the f— you came from.“
NAPABA, AABA, CABA, KABA, FALA, and IABA urge the City of Chicago and the Chicago Police Department to fully investigate the specific allegations raised by the video, determine whether any systemic problems of official misconduct exist, and take appropriate action to ensure that all visitors and residents, regardless of gender, race, national origin, immigration status, or English proficiency, feel welcome and safe in the City of Chicago.
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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 68 state and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service 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.