In recent years, the U.S. Department of Justice (the Department or DOJ) has faced increased scrutiny in its mission to uphold the rule of law, ensure safety and security in our country, and protect civil rights. This task has become increasingly technical and complex in the face of the changing landscape of the international drug trade and emerging technologies that require the Department and its officers to adjust their strategies and focus. The challenge is compounded by the imperative to balance these duties while promoting the public’s confidence in law enforcement. Ensuring civil rights and accountability in the Department is critical to maintaining public trust and upholding the principles of justice and equality.
Promoting accountable law enforcement within the Department involves implementing comprehensive measures that ensure transparency, oversight, and adherence to ethical standards. The Office of the Inspector General (OIG) conducts audits of DOJ law enforcement practices, policies, and procedures to ensure compliance with federal standards and identifies areas for improvement. In September 2023, the OIG issued an audit report of DOJ’s use-of-force policies within its law enforcement and corrections components and found certain policy gaps related to use-of-force in custodial situations and inconsistent use-of-force policies and practices in their application to task force officers (TFO) and contractors. We also found that there was no mechanism to help ensure components’ training programs are consistent, appropriate, or complete. Since the issuance of the report, the U.S. Marshals Service (USMS) has finalized their policies on “no knock” warrant restrictions and disseminated the updates to personnel. In addition, the Federal Bureau of Prisons updated its policies to meet DOJ’s intent for the Department’s 2022 use-of-force policy to apply to the Federal Bureau of Prisons non-custodial operations and interactions with the public, as well as fully comply with the Department’s 2021 guidance on use of restraints and “no knock” warrant restrictions.
Additionally, the Department’s Civil Rights Division continues to pursue excessive force and pattern and practice investigations. Between January and June 2024, the Department announced charges, pleas, convictions, or sentences in at least 10 cases involving use of excessive force by state or local law enforcement officers. In June 2024, the Department released findings that the Phoenix Police Department and City of Phoenix, Arizona, engaged in a pattern and practice of conduct that violated the Constitution and federal law, including unjustified uses of deadly force, unconstitutional shootings, and use of neck and compression restraints. During another civil pattern or practice investigation, the Department found that the City of Lexington, Mississippi, and the Lexington Police Department engaged in a pattern or practice of conduct that deprived people of their rights under the U.S. Constitution and federal law.
USMS-Operation North Star.
Source: USMS
The investigation determined, among other things, that the police department used excessive force, conducted searches and arrests without probable cause, and violated the rights of people engaged in free speech and expression, including by retaliating against people who criticize the police.
In addition, the OIG is participating in prosecutions of a USMS TFO charged with murder for allegedly using lethal force that resulted in the death of Casey Goodson in Columbus, Ohio, a Federal Bureau of Investigation (FBI) TFO charged with second degree murder in Michigan after he allegedly used his government vehicle to stop a fleeing felon, and multiple USMS TFOs allegedly involved in assaulting two handcuffed juveniles at a residence in Jackson, Mississippi. Ensuring that such investigations into misconduct are conducted promptly and thoroughly, while providing the public with information, will help promote accountable law enforcement.
As directed by Executive Order 14074, the Department launched the National Law Enforcement Accountability Database, a centralized repository of official records documenting instances of misconduct as well as commendations and awards for federal law enforcement officers. The National Law Enforcement Accountability Database is accessible only to authorized users to help determine suitability and eligibility of candidates for law enforcement positions. As required by the Executive Order, on an annual basis, the Department will publish a public report containing aggregated and anonymized data to maintain transparency and accountability. The creation of such a portal will leverage the technology and data on law enforcement activities and make it easier for police departments to avoid hiring officers who have engaged in misconduct for a previous employer.
The FBI recently reported that the rate of violent crime decreased nationwide by approximately 3 percent in 2023; however, combatting gun violence continues to be an enduring challenge for the Department, necessitating continued engagement with partners and stakeholders. Moreover, the Department faces the ongoing and evolving challenge of detecting and intercepting illegal drugs trafficked through complex online and international networks. The Department recently declared the disproportionately high rates of violence experienced by Native American and Native Alaskans as priorities, and has taken additional actions to engage with Tribes to better address urgent public safety issues. As outlined in its strategic plan, the Department must continue to work with and enhance partnerships with federal, state, local, and tribal law enforcement partners to prevent and respond to violent crime.
Combatting Gun Violence
The Department identified reducing gun-related violent crime as an Agency Priority Goal within its strategic plan, and committed to focus enforcement efforts on reducing the incidence of guns used to commit violent crime as well as solving more gun-related violent crimes. To assist in the latter goal, the OIG is currently conducting an audit of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) management of firearm tracing requests used to generate investigative leads for firearms used in crime, known as crime guns. ATF’s updated National Firearms Commerce and Trafficking Assessment makes note of many advancements in combatting gun violence, such as the increased use of crime gun intelligence data. However, the assessment also highlights several emerging issues and challenges, such as the increase of international firearms trafficking and privately made firearm cases. A 2022 National Institute of Justice study found that 77 percent of people who committed mass shootings in the United States between 1966 and 2019 purchased at least some of their weapons legally, while illegal purchases were made by 13 percent of those committing mass shootings. In cases involving K-12 school shootings, more than 80 percent of individuals who engaged in shootings stole guns from family members. The OIG issued an audit report in 2023 in connection with ATF’s risk-based federal firearms licensee (FFL) inspection selection processes and administrative actions issued to FFLs. Based on over 10 years of inspection data, the OIG found that ATF had not addressed violations by FFLs in a consistent manner, and it had not always followed ATF policy. Of note, ATF did not often recommend revocation for FFLs with “revocable” violations, such as transferring a firearm to a prohibited person, and some FFLs with repeat revocable violations had been allowed to continue their operations. The Department’s attention to the OIG’s 13 recommendations to ATF for enhancing oversight of such licensed dealers, 6 of which remain open, could assist in greater diligence by FFLs, thereby preventing ineligible purchasers from obtaining a firearm by apparently legal means.
To facilitate cooperation and partnership in preventing gun violence, the Department has taken several positive steps. For example, it released model legislation to assist states in reducing gun violence and improving gun safety by requiring secure storage of firearms and prompt reporting of lost or stolen firearms. The Department also launched the National Extreme Risk Protection Order Resource Center to provide training and technical assistance to law enforcement, legal, and community partners. Additionally, the Office of Community Oriented Policing Services released a comprehensive Critical Incident Review of the Robb Elementary School shooting in Uvalde, Texas, to identify critical lessons from the law enforcement response and improve future responses in the event of similar incidents in other communities. The report identified several critical failures and other breakdowns prior to, during, and after the Robb Elementary School response and analyzed the cascading failures of leadership, decision-making, tactics, policy, and training that contributed to those failures and breakdowns.
Opioids, particularly fentanyl, continue to pose a challenge not just for the Department, but for the nation. In September 2024, the U.S. Centers for Disease Control and Prevention reported that provisional data show that deaths caused by drug overdose declined by approximately 10 percent over a 12-month period, but nonetheless remain significantly higher than in March 2020. The Department has made numerous efforts to disrupt multi-jurisdictional fentanyl and narcotics trafficking schemes, some with international connections. However, fighting the illegal drug trade, which is driven by international organizations and cartels, presents large-scale and technical challenges, including online and dark web marketplaces. The Department must continue to work closely with domestic and international partner law enforcement agencies to detect and prosecute dark web trafficking schemes that often involve the use of cryptocurrency.
2mg, the amount of fentanyl on the tip of this pencil, can be enough to kill an average American.
Source: DEA
Underscoring the evolving drug trafficking environment, in 2024, the Bureau of Justice Statistics announced that arrests by the Drug Enforcement Administration (DEA) for fentanyl offenses exceeded those for heroin offenses for the first time in fiscal year (FY) 2021. The FBI has similarly highlighted the large number of cases it investigated related to fentanyl trafficking by drug cartels. Additionally, medetomidine has rapidly proliferated in the United States and contributed to mass overdose outbreaks. The Department must continuously work to proactively respond as new and more lethal drugs enter trafficking networks. Moreover, opioid addiction and fatalities continue to plague communities across the country. The Department must be broadminded in implementing its strategy to combat this epidemic.
Source: Bureau of Justice Statistics
As part of its oversight of the Department’s opioid, fentanyl, and narcotics efforts, the OIG completed an audit of the Bureau of Justice Assistance Comprehensive Opioid, Stimulant, and Substance Abuse Program, designed to provide financial and technical assistance to entities for comprehensive efforts to identify, respond to, treat, and support those affected by illicit drugs of abuse. The audit found that the Bureau of Justice Assistance can improve its oversight and coordination to ensure the program is achieving its stated outcomes and expanding access to evidence-based drug prevention and treatment, as outlined in the Department’s strategic plan. Additionally, the U.S. Government Accountability Office has a priority open recommendation for the DEA to solicit input from licensed distributors of controlled substances and develop additional guidance regarding their roles and responsibilities for monitoring and reporting suspicious prescription drug orders.
Since the beginning of widespread Internet use in the 1990s, the Department has strived to prevent child exploitation and prosecute the offenders. As outlined in the Department’s current Strategic Plan, the Department is “determined to make America safer for our young people,” via enforcement of current federal laws, to include the PROTECT Our Children Act of 2008, that enable the criminal justice system to hold child exploitation and abuse offenders accountable, as well as collaborating with other federal agencies to address shortfalls in current federal law, improve victims services, providing community education, and improving overall law enforcement response to child abuse and exploitation cases.
In August 2024, as a follow-up to issues identified during the OIG’s July 2021 report on the FBI’s handling of child sexual abuse allegations against former USA Gymnastics physician, Lawrence (Larry) Nassar, the OIG conducted an audit to evaluate the FBI’s compliance with laws, regulations, and policies related to its handling of tips of hands-on sex offenses against children and mandatory reporting of suspected child abuse. Between October 1, 2021, and February 26, 2023, the FBI opened 3,925 cases that allegedly involved a hands-on sex offense against a child or similar offense, and we reviewed a sample of 327 incidents.
While the OIG found that the FBI has implemented training, policy updates, and system changes to improve its handling of crimes against children allegations upon receipt of the allegations, the OIG identified numerous incidents where FBI employees did not comply with relevant law or policies, including in the following areas:
- mandatory reporting of suspected child abuse,
- victim services,
- transferring incidents between field offices, and
- responding to allegations of active and ongoing child sexual abuse within 24 hours.
For example, we found no evidence that FBI employees complied with mandatory reporting requirements to state, local, tribal, and territorial law enforcement in 47 percent of the incidents we reviewed or to social services agencies in 50 percent of incidents we reviewed. Of the reports that were made, we found that only 43 percent were made within 24 hours, as required by FBI policy.
In addition, we flagged 42 incidents, totaling 13 percent of the incidents we examined, for FBI headquarters review because we believed they may require immediate attention. The types of concerns we identified included:
- cases that lacked any recent investigative activity or case updates, logical investigative steps, or referrals to appropriate agencies;
- leads that were not appropriately covered; and
- instances of substantial non-compliance with FBI policy.
Investigation and Review of the FBI’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar
The investigation and review of the FBI's handling of allegations of sexual abuse by former USA Gymnastics Federation physician, Larry Nassar, identified failures in the FBI's response to the serious allegations by multiple young athletes. The OIG recommended that the FBI reassess its policies to more precisely describe for FBI employees when they are required to promptly contact and coordinate with applicable state and local law enforcement and social service agencies after receiving allegations of crimes against children that potentially fall under state jurisdiction, even when the allegations also potentially fall within the FBI's jurisdiction. This priority recommendation remains open.
Source: July 2021
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Our audit results demonstrate that the FBI needs to improve its compliance with policies and laws and build upon the FBI’s recent changes to its crimes against children and human trafficking program to ensure it appropriately addresses child sexual abuse allegations. The OIG made 11 recommendations to improve the FBI’s management of its crimes against children and human trafficking program. The FBI concurred with all 11 recommendations and, prior to the release of the report, took corrective action on two of the recommendations leading to those recommendations being closed.
As noted in our 2023 Top Management and Performance Challenges report, the COVID-19 Fraud Enforcement Task Force (CFETF) was established by the Department to fight pandemic fraud through coordinated efforts with law enforcement partners. With over 3,500 defendants charged and more than $1.4 billion seized, the CFETF has disrupted transnational criminal networks and domestic offenders. However, despite these accomplishments, the CFETF faces significant challenges.
One such major challenge is the expiring statute of limitations to prosecute pandemic-related fraud cases (with the exception of cases relating to two programs administered by the U.S. Small Business Administration-, for which the statute of limitations has been extended to 10 years), which will preclude prosecutions not initiated by September 30, 2025. Another challenge relates to resources. The volume of pandemic fraud cases has been overwhelming and requires substantial prosecutorial and investigative resources to pursue. The Department is seeking, in proposed legislation, $300 million to ensure the Department has the necessary resources to prosecute the full range of pandemic fraud, holding accountable the most egregious and sophisticated offenders, and recover additional stolen funds, as well as expand DOJ pandemic fraud “strike force” teams.
A major challenge that remains is the statute of limitations to prosecute pandemic-related fraud cases.
Source: Polarpx/stock.adobe.com
The Department faces a difficult road ahead because of the complexity of the fraud schemes and the time it takes to fully investigate and prosecute such cases. DOJ components must assign personnel to COVID-19 strike forces to assist with the development and prosecution of the fraud schemes. In its April 2024 report, the CFETF observed that, “tightening budgets across the federal government make it increasingly difficult to adequately resource CFETF’s essential work.”.
Technological advances have made the world more interconnected than ever, and the Department faces a rapidly evolving challenge in combatting financial threats against the public. The Department pledged to combat corruption, financial crime, and fraud as part of its strategic plan to ensure economic opportunity and fairness for all, and multiple DOJ components are responsible for prosecuting corporate and white-collar crime. Technology has also increased the opportunity for financial crimes. Among these emerging threats are the use of Artificial Intelligence to commit white-collar crimes such as price fixing, fraud, or market manipulation, and the use of cryptocurrency to defraud victims and launder money.
As these technologies further develop and advance, the Department must ensure that its enforcement mechanisms stay ahead of, or at least keep pace with, the sophistication of the emerging criminal threats.
Attorney General Merrick B. Garland Delivers Remarks on Lawsuit Against Live Nation-Ticketmaster for Monopolizing Markets Across the Live Concert Industry.
Source: DOJ