December 4, 2021

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Former Police Officer Found Guilty of Violating an Arrestee’s Civil Rights by Using Excessive Force

23 min read
<div>Former police officer Everett Maynard was found guilty by a federal jury of violating an arrestee’s civil rights by using excessive force against him.</div>
Former police officer Everett Maynard was found guilty by a federal jury of violating an arrestee’s civil rights by using excessive force against him.

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  • Military Base Realignments and Closures: DOD Is Taking Steps to Mitigate Challenges but Is Not Fully Reporting Some Additional Costs
    In U.S GAO News
    The 2005 Base Realignment and Closure (BRAC) round is the fifth such round undertaken by DOD since 1988 and is the biggest, most complex, and costliest BRAC round ever. With this BRAC round, the Department of Defense (DOD) plans to execute hundreds of BRAC actions affecting over 800 defense locations, relocate over 123,000 personnel, and spend over $35 billion--an unprecedented amount, given that DOD has spent nearly $26 billion to implement the four previous BRAC rounds combined when all relevant BRAC actions have been completed. As with prior BRAC rounds, DOD is required to implement the BRAC Commission's 2005 recommendations within 6 years of their approval by the President and transmittal to Congress. Unlike with prior BRAC rounds, DOD is implementing the BRAC 2005 round during a time of conflict and significant increases to the defense budget to support ongoing contingency operations. Compounding this challenge, DOD is also implementing other extensive worldwide transformation initiatives such as the permanent relocation of about 70,000 military personnel to the United States from overseas; transformation of the Army's force structure from an organization based on divisions to more rapidly deployable, combat brigade-based units; an increase in the active-duty end strength of the Army and Marine Corps by 92,000 members; and the drawdown of combat forces from Iraq while simultaneously increasing the U.S. military presence in Afghanistan. All of these initiatives are exerting an unusually high demand on DOD's domestic facility infrastructure to accommodate new forces and existing forces being deployed or redeployed. The Office of the Secretary of Defense (OSD) at the outset of BRAC 2005 indicated its intent to reshape DOD's installations and realign DOD forces to meet defense needs for the next 20 years. Moreover, both DOD and the BRAC Commission reported that their primary consideration in making recommendations for the BRAC 2005 round was military value. As such, as opposed to simply closing bases, many of the BRAC 2005 recommendations involve complex realignments, such as designating where military forces returning to the United States from overseas bases would be located; establishing joint military medical centers; creating joint bases; and reconfiguring the defense supply, storage, and distribution network. The BRAC statute requires DOD to complete all BRAC 2005 closures and realignments by September 15, 2011. As we reported in January 2009, DOD expects almost half of the 800 defense locations implementing BRAC recommendations to complete their actions in 2011, with 230 of these 400 locations anticipating completion within the last 2 weeks before the statutory deadline. At the time of this report, DOD had only 14 months remaining until the The House Armed Services Committee report accompanying the National Defense Authorization Act for Fiscal Year 2008 directed the Comptroller General to monitor the implementation of recommendations for the 2005 round of closures and realignments of military installations made pursuant to section 2914 of the Defense Base Closure and Realignment Act of 1990. We prepared this report, our fourth, in response to the mandate, to assess (1) the challenges, if any, DOD faces in implementing BRAC recommendations and (2) DOD's efforts to mitigate any challenges and the extent to which any costs related to those mitigation efforts are being reported as BRAC implementation costs.DOD is implementing 182 BRAC recommendations for this BRAC round, but several logistical, human capital, and other implementation challenges remain. First, many locations are scheduled to complete the construction, relocation, personnel, and other actions needed to implement the recommendations within months of--and, in some cases, on--the deadline leaving little or no margin for slippage to finish constructing buildings and to move or hire the needed personnel. As of March 2010, DOD had 57 construction projects scheduled to be completed within 3 months of the statutory deadline, representing about 30 recommendations. Second, some DOD locations that involve the most costly and complex recommendations have encountered delays in awarding some construction contracts as well as experienced additional delays in the expected completion of construction. Third, DOD must synchronize the relocation of approximately 123,000 personnel with the availability of about $25 billion in new construction or renovation of facilities. Fourth, delays in interdependent recommendations are likely to have a cascading effect on the timely completion of related recommendations. These challenges have continued since our last report on BRAC implementation challenges, especially contracting and construction delays, which have further squeezed an already tight time line. The potential loss of intellectual capital is complicated by various community effects of BRAC implementation growth, such as transportation, housing, schooling, and availability of medical care. DOD is mitigating some BRAC implementation challenges, which is adding to implementation costs; however, DOD is not reporting all of these additional costs. To enhance its role in managing logistical challenges that could affect DOD's ability to achieve BRAC implementation by the statutory deadline, the military services are working with their leadership to develop solutions. Further, the military services and defense agencies are providing periodic briefings for BRAC recommendations exceeding $100 million in implementation costs, or that have significant concerns such as cost overruns or construction delays to the OSD Basing Directorate. For other BRAC recommendations, DOD is still weighing options, such as moving temporarily into different buildings while construction and renovations are completed, referred to as swing space, or accelerating the pace of construction to complete permanent facilities by the deadline, potentially incurring additional expenses. The DOD Financial Management Regulation requires the services and defense agencies to accurately capture BRAC-related costs in the annual BRAC budget justification materials submitted to Congress. Since DOD's recent fiscal year 2011 BRAC budget request--which was the final annual request for funds for the BRAC account before the statutory deadline for completion of closures and realignments--has already been submitted to Congress, such additional costs in our view may have to be funded from outside the BRAC account. However, we found that DOD's reported costs funded outside the BRAC account are not complete because the Army has not reported to Congress some of these costs as BRAC costs. Thus, OSD officials do not have full visibility over the extent of these costs funded from outside the BRAC account, given that the services prepare their own BRAC budget justification material. Until the Secretary of Defense ensures that all BRAC-related costs are captured and reported to Congress, neither congressional decision makers nor those within OSD who are charged with overseeing BRAC implementation will have a complete picture of the cost of implementing the 2005 BRAC round.
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  • Man Sentenced to Prison for Producing Images of Child Sexual Abuse
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    A Nevada man was sentenced Tuesday to 25 years in prison for producing images of child sexual abuse involving multiple minor victims under the age of 12 years old.
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  • Belgian Security Services Company and Three Former Executives Indicted for Bid Rigging on U.S. Department of Defense Contracts
    In Crime News
    A federal grand jury returned an indictment against Belgium-based Seris Security NV (Seris) and three executives for their roles in a conspiracy to fix prices, rig bids and allocate customers for defense-related security services, including a multimillion-dollar contract issued in 2020 to provide security services to the U.S. Department of Defense for military bases and installations in Belgium. This is the second charge and first indictment involving an international conspiracy obtained by the Procurement Collusion Strike Force (PCSF) and follows G4S Secure Solution NV’s (G4S) agreement to plead guilty in the investigation. 
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  • U.S. Foreign Service Member Indicted for Engaging in Illicit Sexual Conduct in the Philippines and Possession of Child Pornography
    In Crime News
    A federal grand jury in the Eastern District of Virginia returned an indictment today charging a member of the U.S. Foreign Service with engaging in illicit sexual conduct in a foreign place and possession of child pornography.
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  • United States Reaches Agreement with Midwest Can for Clean Air Act Violations
    In Crime News
    The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement today that will require Midwest Can Company, one of the largest manufacturers of portable fuel containers in the United States, to pay a $1.7 million civil penalty to resolve Clean Air Act violations.
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  • President of Commercial Flooring Company Pleads Guilty to Rigging Bids in Violation of Federal Antitrust Laws
    In Crime News
    Delmar E. Church Jr., the president and one of the principal owners of a Chicago-area commercial flooring company, pleaded guilty for his role in a conspiracy to rig bids and fix prices for commercial flooring services and products sold in the United States, the Department of Justice announced. The defendant is cooperating with the department’s ongoing investigation.
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    An Arkansas resident pleaded guilty today to filing a false corporate tax return.
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  • Assistant Attorney General Kristen Clarke Delivers Remarks Announcing a Civil Rights Investigation into Conditions in Georgia Prisons
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    Good morning. I am joined by Peter Leary, Kurt Erskine and David Estes, Acting United States Attorneys for the Middle, Northern and Southern Districts of Georgia. 
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    A New York man pleaded guilty today to negligently releasing asbestos and thereby exposing victims to an increased risk of death or serious bodily injury.
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  • Intellectual Property: CBP Has Taken Steps to Combat Counterfeit Goods in Small Packages but Could Streamline Enforcement
    In U.S GAO News
    The European Union (EU) and U.S. approaches to enforcing intellectual property rights (IPR) differ with respect to counterfeit goods in small packages, which are often sent through express carrier services or international mail. The EU uses a streamlined, application-based procedure to destroy suspected counterfeits in small packages. Through this procedure, rights holders request that member state customs authorities take action against such packages. The procedure allows customs authorities to bill rights holders for certain associated costs, and gives customs authorities discretion in sharing data with rights holders. In the U.S., U.S. Customs and Border Protection (CBP)—a component of the Department of Homeland Security (DHS)—is required to seize any goods it determines to be counterfeit, and typically destroys such goods, regardless of shipment size. CBP does not bill rights holders for the cost of enforcement, and is required to provide specific information to rights holders after seizure of goods. EU and U.S. customs officials reported common challenges in combating the flow of counterfeit goods in small packages. For example, EU and U.S. officials said the large volume of small packages makes it difficult for customs agencies to prioritize resources among competing needs such as drug enforcement and security. EU and U.S. officials also reported that a lack of adequate data on these packages is a challenge in taking enforcement action against them. Bags of Small Packages at Mail Facilities in Germany and France While CBP has taken steps to address these challenges, its primary enforcement processes are not tailored to combat counterfeit goods in small packages. According to CBP officials, from 2014 to 2018, CBP piloted a program to help address the volume of such packages by facilitating the abandonment of goods that it suspected—but had not determined—to be counterfeit. In 2019, CBP initiated a program to obtain additional data, and as of July 2020 had begun using these data to assess the risk that such packages contained counterfeit goods. However, CBP officials said that the seizure and forfeiture processes they are required to use for goods determined to be counterfeit are time and resource intensive. In April 2019, the White House required DHS to identify changes, including enhanced enforcement actions, to mitigate the trafficking of counterfeit goods. In January 2020, DHS proposed several actions that CBP could take, but CBP has not decided which to pursue to streamline its enforcement. Without taking steps to develop a streamlined enforcement approach, CBP will continue to face difficulty in addressing the influx of counterfeit goods in small packages. Counterfeit goods infringe on IPR, and can harm the U.S. economy and threaten consumer safety. CBP, the U.S. agency tasked with enforcement against counterfeits at the border, has reported that the annual number of small packages sent to the U.S. since fiscal year 2013 more than doubled, and small packages seized often contain counterfeit goods. The European Union Intellectual Property Office noted similar economic and consumer safety impacts in Europe, as well as increases in counterfeit goods in small packages. GAO was asked to review IPR enforcement practices in other advanced economies, and the extent to which CBP could apply those practices. This report examines: (1) how elements of the EU and U.S. approaches to combating counterfeit goods in small packages compare, (2) any enforcement challenges posed by these goods, and (3) the extent to which CBP has taken steps to address these challenges. GAO reviewed agency documents; interviewed CBP and customs officials in the EU; and met with private sector stakeholders, such as express carriers. GAO recommends that CBP take steps to develop a streamlined enforcement approach against counterfeit goods in small packages. CBP concurred with the recommendation. For more information, contact Kimberly Gianopoulos at (202) 512-8612 or gianopoulosk@gao.gov.
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  • Defense Health Care: Comprehensive Oversight Framework Needed to Help Ensure Effective Implementation of a Deployment Health Quality Assurance Program
    In U.S GAO News
    Overseas deployments expose servicemembers to a number of potential risks to their health and well-being. However, since the mid-1990s, GAO has highlighted shortcomings with respect to the Department of Defense's (DOD) ability to assess the medical condition of servicemembers both before and after their deployments. Following GAO's May 1997 report, Congress enacted legislation (10 U.S.C. 1074f) that required the Secretary of Defense to establish a medical tracking system for assessing the medical condition of servicemembers before and after deployments. GAO was asked to determine (1) whether DOD has established a medical tracking system to comply with requirements of 10 U.S.C. 1074f pertaining to pre- and postdeployment medical examinations, and (2) the extent to which DOD has effectively implemented a deployment health quality assurance program as part of its medical tracking system. In conducting this review, GAO analyzed pertinent documents and interviewed DOD officials.DOD has established a system to comply with the requirements of 10 U.S.C. 1074f to perform predeployment and postdeployment medical examinations through a variety of deployment health activities. For example, DOD's system includes the use of pre- and postdeployment health assessment questionnaires along with reviews of servicemembers' medical records. The pre- and postdeployment health assessment questionnaires ask servicemembers to respond to a series of questions about their current medical and mental health conditions and any medical concerns they might have. Prior to deploying, the predeployment questionnaire and servicemembers' medical records are to be reviewed by a health care provider to confirm whether servicemembers have met applicable deployment health requirements. Also, prior to or after redeploying, the postdeployment questionnaires are to be reviewed by a health care provider, along with servicemembers' medical records, to determine whether additional clinical evaluation or treatment is needed. DOD has established a deployment health quality assurance program as part of its medical tracking system, but does not have a comprehensive oversight framework to help ensure effective implementation of the program. Thus, DOD does not have the information it needs to evaluate the effectiveness and efficiency of its deployment health quality assurance program. DOD policy specifies four elements of the program: (1) monthly reports on active and reserve component servicemembers' deployment health data from the Army Medical Surveillance Activity (AMSA), (2) quarterly reports on service-specific quality assurance programs, (3) DOD site visits to military installations, and (4) an annual report on the program. DOD guidance requires each of the services to create their own quality assurance programs based on these elements. However, GAO found weaknesses in each of these elements. For example, DOD's policy does not contain specific reporting requirements or performance measures that require AMSA to provide critical information needed to assess departmentwide compliance with deployment health requirements, such as tracking the total number of servicemembers who deploy overseas or return home during a specific time period. Also, DOD does not have quality controls in place to ensure the accuracy or completeness of the information it collects during site visits to military installations. Without a comprehensive oversight framework, DOD is not well-positioned to determine or assure Congress that active and reserve component servicemembers are medically and mentally fit to deploy and to determine their medical and mental condition upon return. Having an effective deployment health quality assurance program is critically important given DOD's long-standing problems with assessing the medical condition of servicemembers before and after their deployments. Such a program has become even more important in the current environment, where active and reserve component servicemembers continue to deploy overseas in significant numbers in support of ongoing military operations in Afghanistan and Iraq.
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