Pass the George Floyd Justice in Policing Act

AG James Urges U.S. Senate to Pass the George Floyd Justice in Policing Act of 2021

New York Attorney General Letitia James and Illinois Attorney General Kwame Raoul today led a coalition of 10 attorneys general in urging the U.S. Senate to pass H.R. 1280, the George Floyd Justice in Policing Act of 2021. The bill would reform law enforcement agencies nationwide, give state attorneys general clear statutory authority to investigate patterns or practices of unconstitutional policing, and the ability to acquire data regarding use of excessive force by officers. “Communities all across this country are demanding that their government provide full justice under the law, and they deserve a legal system that holds those who abuse power accountable for their actions,” said Attorney General James. “The George Floyd Justice in Policing Act is a critical step toward providing equal protection and public safety to all Americans. Today, I join my fellow attorneys general in strongly urging the Senate to pass this commonsense measure without delay.” The George Floyd Justice in Policing Act of 2021 is aimed at improving accountability and transparency in policing practices and training. The measure was amended to give state attorneys general authority to conduct pattern-or-practice investigations, particularly in the event that the U.S. Department of Justice (DOJ) fails to use its authority to act. The legislation gives state attorneys general authority to issue subpoenas as part of pattern-or-practice investigations and, when necessary, take action in federal district court. The legislation also authorizes appropriations of up to $100 million for a federal grant program to help state attorneys general fund pattern-or-practice investigations during fiscal years 2021 to 2023. In addition to enabling attorneys general to conduct pattern-or-practice investigations, H.R. 1280 would allow them to acquire data about the use of excessive force by law enforcement officers. Such data would be especially important when identifying law enforcement agencies that have above-average rates of excessive force complaints, which can help identify at-risk law enforcement agencies before a devastating incident occurs Joining Attorneys General James and Raoul in calling on the Senate to pass the George Floyd Justice in Policing Act of 2021 are the attorneys general of Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Virginia, and the District of Columbia.l whom lack IDs or access to obtaining them; use early and weekend voting, especially on Sundays when churches conduct “Souls to the Polls” events; require access to secure drop boxes; rely on food and water to withstand long voting lines; and are more likely to cast provisional ballots. Until 2013, Georgia would have been required under the Voting Rights Act to submit the new law to U.S. Justice Department for approval. But that “preclearance” requirement was invalidated by the U.S. Supreme Court in Shelby v. Holder. Since then, numerous states have enacted an array of voter suppression laws. This new law may be the boldest attempt by any state to restrict voting rights since the Voting Rights Act of 1965 was enacted. “SB 202’s attempt to disenfranchise Black voters in Georgia harkens back to the most shameful days of voter suppression in the decades before the civil rights movement,” said Sherrilyn Ifill, LDF president and director-counsel. “That this law was passed in Georgia, less than a year after the death of one of the state’s greatest heroes, Representative John Lewis, is shameful. In his name, we will fight to strike down this illegal attempt to undo his legacy. Anything less represents a grave threat to the future of our democracy and inherently undermines the notion of equality for all.”l

Editorial credit: Tverdokhlib / Shutterstock.com

Outrage in Georgia/

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CARIBBEAN SPECIAL REPORT No, the Idea of CARICOM is Not Dead

BY SIR RONALD SANDERS

Camillo Gonsalves is a Caribbean man, and an integrationist. Only deep frustration could have occasioned his decision to publish the commentary on his blogsite. In the event, his remarks prompted a series of questions to me from Johnson Johnrose, a Caribbean journalist of known repute. I reproduced below the questions he posed and my answers.

Q. Do you agree that the idea of CARICOM – the principle of solidarity, the ethos of all for one, and one for all –

has died? Why? A. The ‘idea’ of CARICOM is not dead. The ‘dream’ of a more perfect union is not lost. The idea and the dream are too basic to our future for them to be abandoned. CARICOM as a whole is extremely rich in natural and human resources, but individual member countries are weak and vulnerable. In the international community, individual countries have little or no bargaining power; only when they act collectively do, they have any strength. Fourteen votes collectively have a modicum of power; one vote, backed by no military might or economic clout, is by itself of little value.

Q. What’s your greatest concern about

the future of the movement? A. That only the demands of survival, resulting from disaster, will cause leaders of the individual countries to recognize that the ‘sovereignty’ to which they cling is only exercised against each other; it is meaningless in the global power theatre where powerful countries and regions dictate their relationships. Leaders should see the disaster looming in Climate Change and its threats to the very existence of islands and mainland territories with low lying coasts, to agriculture, to tourism, and to human habitats. Lack of individual capacity is evident in each country’s inability to respond robustly to pandemics, such as COVID-19. None of them has large enough populations or enough money to compete with richer nations that have bought the available vaccines, depriving the rest of the world.

Q. CARICOM has endured a lot of internal strife but has managed to survive, could it be that the issue of Venezuela’s sovereignty will be what destroys the movement?

A. It is not Venezuela per se that has caused division and conflicting positions in CARICOM. The real cause is dependency. Some CARICOM countries depended on Venezuela for oil and ran up a large debt in deferred payments; others depend on the US and Canada for aid, markets, and help with borrowing. When CARICOM countries recognize that they could be less dependent on external forces and less obliged if they pool their resources and their sovereignty, they will be more independent in their decisions and action. This same argument applies to the cruise ship industry and to foreign airlines which play them off against each other, resulting in less revenues to each of them and greater advantage to the airlines and cruise operators.

Q. Why didn’t Antigua and Barbuda join Trinidad and Tobago in seeking to boycott the OAS until Guaido is removed?

A. Trinidad and Tobago has not boycotted the OAS ‘until Guaido’s representative is removed’. Trinidad and Tobago is an active member of the OAS. Eleven of the 14 independent countries of CARICOM at the OAS do not recognize Guaido or his representative’s legitimacy in the OAS. These 11 countries, including Antigua and Barbuda, do not recognize Guaido’s representative or his vote or participation in any decision making in the OAS. Jamaica, The Bahamas and Haiti do deal with Guaido’s representative – this latter point was what motivated Gonsalves’ blog.

Q. How do you feel about CARICOM’s current path?

A. It is not good for the autonomy of individual states in the international community. Such autonomy as they enjoy is being eroded. Economically, unless the leadership – at both the political and business levels – acknowledge that their markets are puny and their production minuscule in global terms, and that integrating their markets and production would strengthen each of them as integral parts of a larger, more competitive unit (in terms of raising money on better term and bargaining for better terms of trade) the current path will weaken each of them still further.

Perhaps the truth is that they all know that, ultimately, they need CARICOM which is why none have left it, and none have chosen to destroy it. It may well be that those who encourage the notion of their own vehicle, keep the engine of the CARICOM bus running because they know that they will need to board it to drive to salvation. I understand Camillo Gonsalves frustration. I share it. But I also know that we cannot pronounce CARICOM dead. Its lifeblood continues to pump in the veins of Caribbean people everywhere who long for a single region in which they can travel freely on one passport, move to jobs, set up businesses anywhere in the region, just like the people of the 50 states of the United States do. The imperatives of survival rest not in separateness but in togetherness where the bounty of the region is shared by all in a truly integrated single area, and where, standing together in the international community gives the Caribbean solid meaning. This does not mean giving up national identity; it means recognizing that we can also benefit from a Caribbean identity – just as people from Texas are Texans and Americans, and people from Italy are Italians and Europeans, so too we can be Jamaicans, Barbadians, Antiguans and yet be Caribbean.l

Sir Ronald Sanders is currently Ambassador Extraordinary and Plenipotentiary to the United States and the Organisation of American States.

New IRS Imposter Scam Targets College Students and Staff

BY ARI LAZARUS FEDERAL TRADE COMMISSION

If you’re a college student, faculty, or staff member, you’re going to want to pay attention to this one. IRS imposters are sending phishing emails to people with “.edu” email addresses, saying they have information about your “tax refund payment.” What do they really want? Your personal information. Scammers are sending emails with subject lines like, “Tax Refund Payment” or “Recalculation of your tax refund payment.” The email asks you to click a link and submit a form to claim your “refund.” What happens if you click the link? The website asks for personal information, including your name, Social Security number (SSN), date of birth, prior year’s annual gross income (AGI), driver’s license number, address, and electronic filing PIN. Scammers can use or sell this information for identity theft. The emails can look really real and include the IRS logo. But no matter what the email looks like or says, one thing stays true: the IRS will not first contact you by email. They will always start by sending you a letter. And, to confirm that it’s really the IRS, you can call them directly at 800-829-1040. If you clicked a link in one of these emails and shared personal information, file a report at IdentityTheft.gov to get a customized recovery plan based on what information you shared. If you spotted this scam, the IRS is asking you to forward the email as an attachment to phishing@irs.gov. And tell us too, at ReportFraud.ftc.gov.l

Yes, All Immigrants Can Get the COVID-19 Vaccine—Even Those Who Are Undocumented

BY MELISSA CRUZ

Since the start of the pandemic, many immigrants have been left out of federal COVID-19 relief packages. Both undocumented immigrants and some people in mixed-status households have been excluded from stimulus checks, rent assistance, and other financial aid. This has left some questioning whether they qualify for the most important relief yet: the COVID-19 vaccine.

Equal access to the vaccine

Unlike previous aid, the federal government has made clear that anyone— regardless of immigration status—should get the vaccine. The Department of Homeland Security (DHS) made this clear in a statement released on February 1, just as vaccine production was beginning to ramp up: “DHS and its Federal government partners fully support equal access to the COVID-19 vaccines and vaccine distribution sites for undocumented immigrants. …DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local distribution guidelines.” Though there have been some disinformation campaigns designed to scare undocumented immigrants out of getting the vaccine, people don’t need to be concerned. DHS went on to say that no enforcement operations would be conducted at or near vaccination distribution sites or clinics, consistent with the “sensitive locations” policy.

Flaws in the system

Despite vaccines being available to all eligible immigrants, some people are still facing barriers to access. There have been several cases that have gained national attention where immigrants with vaccine appointments have been turned away or asked to provide a U.S. government-issued ID. Some have been questioned about their immigration status by vaccination workers. In all these cases, such actions went against the Centers for Disease Control and Prevention (CDC) guidelines. The CDC prohibits vaccination workers from turning people away for failure to produce specific identification documents or inquire about immigration status. Undocumented immigrants are also more likely to be uninsured, so fear of potential cost might be preventing some from getting the vaccine. However, the CDC has made the vaccine available to all people at no cost. Ensuring immigrants get vaccinated should be a priority—over 4 million work in essential services like health care and social service industries. And vaccinating the greatest amount of people will make everyone safer.

Fighting vaccine hesitancy

U.S. health officials are also fighting a certain level of vaccine hesitancy across many groups, including immigrants. There has been a targeted effort to dispel misinformation about the vaccine among Black immigrant communities, whose history with vaccinations has been marred by racist experimentation.

Advocacy groups are attempting to reach these communities with educational programs led by doctors from their home countries. Likewise, they are offering translators to help get the message about vaccine efficacy and safety across. Getting the immigrant population vaccinated must be a priority, especially since many were left out of previous COVID-19 relief but were still relied upon to keep our economy moving. We have both a public health and moral obligation to ensure that everyone who wants a vaccine can get one safely and easily.l

New Yorkers: Double Masking

Offers Even More Protection Against COVID-19

IN THE NEWS Brooklyn DA to Dismiss 90 Convictions That Relied on Former Narcotics Detective Later Charged with Multiple Perjuries

Brooklyn District Attorney Eric Gonzalez announced on April 7, that his Conviction Review Unit will be asking the Court to vacate and dismiss 27 felony convictions and 63 misdemeanor convictions that were directly based on the work of former undercover New York City Police Department Detective Joseph Franco. The former detective has been indicted in Manhattan for perjury, official misconduct and other charges in connection with four incidents whereby he allegedly framed numerous individuals for making narcotics transactions. A review by Brooklyn’s CRU did not uncover misconduct, but the District Attorney has lost confidence in cases where the detective was an essential witness, i.e., cases that could not have been prosecuted without him, and is requesting that those convictions be dismissed. District Attorney Gonzalez said, “Knowingly and repeatedly framing innocent people obliterates the credibility of any police officer and proving perjury in such circumstances is rare. After a grand jury reviewed the evidence and indicted former Detective Franco, I have lost confidence in his work. His cases in Brooklyn are over a decade old, which limited our ability to reinvestigate them, but I cannot in good faith stand by convictions that principally relied on his testimony. Integrity and credibility are at the heart of the justice system and prerequisites for community trust.” The District Attorney’s Office today is asking Brooklyn Supreme Court Justice Matthew D’Emic to vacate 27 felony convictions (plus 13 misdemeanor convictions that were taken in Supreme Court), mostly for criminal sale of a controlled substance in the third or fifth degree, and to dismiss the underlying indictments. It is also asking Criminal Court Judge Keshia Espinal to vacate 50 misdemeanor convictions, mostly for criminal possession of a controlled substance in the seventh degree, and to dismiss the underlying complaints. The dismissals are pursuant to a writ of error coram nobis and the court proceedings are expected to continue over the next few days. In all, 27 felony convictions and 63 misdemeanor convictions will be vacated. Those cases stemmed from arrests that happened when Det. Franco was assigned to Brooklyn commands, between 2004 and 2011. All but one of the 90 convictions were obtained by way of a guilty plea. Most of those convicted for a felony were sentenced to between six months and a year in jail, with the longest sentence being three years in prison. Most of those convicted for a misdemeanor were sentenced to terms ranging from time served to 90 days in jail. The Conviction Review Unit reviewed all convictions where Det. Franco was involved. Cases where he was the primary undercover and his testimony was necessary for a potential hearing or trial were flagged for dismissal. Defense lawyers and the Court have been notified of the new allegations and the dismissals. In April 2019, a New York County grand jury indicted Det. Franco on 16 counts of first-degree perjury and related charges. In July 2019, a grand jury indicted him on 10 additional counts of first-degree perjury and related charges. He is awaiting trial on both indictments and was fired from the NYPD in May 2020. The case review was conducted by Assistant District Attorney Eric Sonnenschein, Deputy Chief of the District Attorney’s Post-Conviction Justice Bureau, and Assistant District Attorney Rachel Nash, Deputy Chief of the District Attorney’s Conviction Review Unit, under the supervision of Assistant District Attorney Mark Hale, Chief of the Post-Conviction Justice Bureau. l

Brooklyn DA Eric Gonzalez

Former Det. Joseph Franco is awaiting trial in Manhattan; No misconduct was found in Brooklyn, But DA’s Office has lost confidence in cases where he was essential witness

Avoid Payment Scams While Rebuilding Your Finances

BY SANA CHRISS FEDERAL TRADE COMMISSION

Over the past year, the Coronavirus created financial problems for many people. Maybe you’re one of them. As you work to regain your financial footing, scammers will continue to try to steer you off course. Here are a few ways to spot, stop, and report payment scams: •Asked to pay with gift cards? Don’t do it. Gift cards are the most common form of payment people use when losing money to scammers. Scammers often pose as legitimate companies, the government, or someone you know. They tell you to pay with a gift card — but only scammers do that. If you share a photo of the back of a gift card or read the numbers to anyone, your money will be gone. If anyone asks for payment by gift card, it’s a scam. •Asked to pay with digital money or cryptocurrency? Think twice. Payments by cryptocurrency are hard to trace and typically can’t be reversed. Once you pay with cryptocurrency, you likely can only get your money back if the person you paid sends it back. If that person is a scammer, you’ll be out of luck. •Asked to pay by money transfer? Don’t. Scammers often tell people to send money through money transfer companies like Western Union and MoneyGram, knowing it’s a lot like sending cash. Once you send it, it’s gone. Typically, there’s no way to reverse the transaction or trace the money. Don’t use money transfer payments with people and companies you don’t know. If you or someone you know lost money to a scammer, check out some quick steps to try and recover it. And if you’ve spotted a scam, tell the FTC at ReportFraud.ftc.govl

Sana Chriss is an Attorney, Division of Consumer and Business Education, Federal Trade Commission (FTC)