WH to Employers, Make them Preferred Hiring Candidates

Posted on April 12, 2016April 12, 2016 by Denise Simon

We have been enduring the misguided mission by the White House to release criminals early from their prison sentences ah…you know those that were based on drugs but non-violent. Pssst, the last jail break included 1/3 of them that were in prison for life sentences. Anyway, now the White House is becoming their advisors and promoters to get jobs for them, almost by force. Check this out. The corporations also have to take a pledge?

If employers spent more time implementing better hiring practices, then perhaps this wouldn’t be necessary. There are now more and more ways to find out if your new employee has a criminal record, for example, using something like https://www.nationalcrimecheck.com.au/. But, albeit, we live in a world where not everything is so straight forward.

Is this really the best use of time by the White House?

FACT SHEET: White House Launches the Fair Chance Business Pledge

“Now, a lot of time, [a] record disqualifies you from being a full participant in our society — even if you’ve already paid your debt to society. It means millions of Americans have difficulty even getting their foot in the door to try to get a job much less actually hang on to that job. That’s bad for not only those individuals, it’s bad for our economy. It’s bad for the communities that desperately need more role models who are gainfully employed. So we’ve got to make sure Americans who’ve paid their debt to society can earn their second chance.

– President Barack Obama, Rutgers University, November 2, 2015

Today at the White House, Attorney General Loretta Lynch, Senior Advisor to the President Valerie Jarrett, and other White House officials hosted 19 companies from across the American economy who are standing with the Obama Administration as founding pledge takers to launch the Fair Chance Business Pledge. The pledge represents a call-to-action for all members of the private sector to improve their communities by eliminating barriers for those with a criminal record and creating a pathway for a second chance.

Companies signing the pledge today include: American Airlines, Busboys and Poets, The Coca-Cola Company, Facebook, Georgia Pacific, Google, Greyston Bakery, The Hershey Company, The Johns Hopkins Hospital and Health System, Koch Industries, Libra Group, PepsiCo, Prudential, Starbucks, Uber, Under Amour/Plank Industries, Unilever and Xerox.

Right now, there are approximately 2.2 million Americans behind bars. The United States accounts for 5 percent of the world’s population, and 25 percent of its inmates. Each year, more than 600,000 inmates are released from federal and state prisons, and another 11.4 million individuals cycle through local jails. Around 70 million Americans have some sort of criminal record — almost one in three Americans of working age.

Too often, that record disqualifies individuals from being a full participant in their communities — even if they’ve already paid their debt to society. As a result, millions of Americans have difficulty finding employment.

Since President Obama took office, this Administration has been committed to reforming America’s criminal justice system. Last summer, the President spoke about the importance of reducing barriers facing people who have been in contact with the criminal justice system and are trying to put their lives back on track. He then became the first President to visit a federal prison where he sat down with individuals who would be returning to their communities. In November, he visited with formerly incarcerated individuals and emphasized that a smarter approach to reducing crime and enhancing public safety must begin with investing in all of our communities. He also announced new efforts by this Administration to help formerly incarcerated individuals to rehabilitate and reintegrate back into their communities, including an upcoming rule from the Office of Personnel Management that will “ban the box,” delaying inquiries into criminal history until later in the federal hiring process. One way to prevent criminals in the workplace may be to use pre-employment tests (as found at https://www.berkeassessment.com/solutions) in order to find out more about your candidates before you accept their application for the role. Berke has many options available.

Building on these efforts, the White House issued a challenge to businesses to take on the Fair Chance Business Pledge. A broad array of businesses have come together to support the reforms needed to bring about this change.

By signing the Fair Chance Business Pledge, these companies are:

Voicing strong support for economic opportunity for all, including the approximately 70 million Americans who have some form of a criminal record.

Demonstrating an ongoing commitment to take action to reduce barriers to a fair shot at a second chance, including practices like “banning the box” by delaying criminal history questions until later in the hiring process; ensuring that information regarding an applicant’s criminal record is considered in proper context; and engaging in hiring practices that do not unnecessarily place jobs out of reach for those with criminal records.

Setting an example for their peers. Today’s announcement is only the beginning. Later this year, the Obama Administration will release a second round of pledges, with a goal of mobilizing more companies and organizations to join the Fair Chance Business Pledge.

Companies and organizations interested in joining the Fair Chance Business Pledge can so do by signing up HERE.

Building on today’s announcement, in the coming weeks, the White House and the Department of Justice will host events in Washington, D.C. and across the country to amplify leaders taking steps to provide fair chance opportunities:

The Justice Department has designated the week of April 24-30, 2016, as National Reentry Week and is coordinating reentry events across the country – from job fairs, to practice interviews, to mentorship programs, to events for children of incarcerated parents – designed to help prepare inmates for release. To learn more, click HERE.

In the coming weeks, the White House will host a Champions of Change event to honor individuals expanding fair chance opportunities. The event will highlight local leaders and programs that are improving their communities by partnering with the philanthropic and private sectors to help those who have been incarcerated rehabilitate and reintegrate. To learn more, click HERE.

THE FAIR CHANCE BUSINESS PLEDGE

We applaud the growing number of public and private sector organizations nationwide who are taking action to ensure that all Americans have the opportunity to succeed, including individuals who have had contact with the criminal justice system. When around 70 million Americans – nearly one in three adults – have a criminal record, it is important to remove unnecessary barriers that may prevent these individuals from gaining access to employment, training, education and other basic tools required for success in life. We are committed to providing individuals with criminal records, including formerly incarcerated individuals, a fair chance to participate in the American economy.

These companies put forth their pledges as follows:

AMERICAN AIRLINES: At American Airlines, our employees are the source of our success, with a clear connection between the quality of our team and the quality of the experience we can provide our customers. American is working hard to recruit, develop, retain and engage the very best people – those with unique perspectives and ways of thinking that will position us as a global leader – while recognizing the importance, in appropriate circumstances, of giving people a second chance.

To ensure we aren’t removing qualified individuals from employment consideration, we have banned the box and we don’t ask criminal history questions until someone accepts an offer. We are also conducting consistent, reliable, and fair-minded background checks as part of our hiring process.

We commend the Administration and applaud the many corporations and organizations that are taking similar actions to give all Americans a fair chance to succeed and enjoy everything our country has to offer. American Airlines is proud to take the Fair Chance Business Pledge.

THE COCA-COLA COMPANY: Fair chance policies and programs not only enhance the likelihood of success for the more than 600,000 individuals who are released annually from state and federal prisons – they also help to reknit families and rebuild communities. For these and other reasons as outlined below, The Coca-Cola Company is pleased to join the Fair Chance Business Pledge as a signatory.

The Coca-Cola Company has a long-standing commitment to equal opportunity. This spans our employment practices and development of existing employees. We are dedicated to maintaining workplaces that are free from discrimination or harassment on the basis of race, color, religion, sex, national origin, age, disability, pregnancy, veteran status, genetic information, citizenship status, marital status, sexual orientation, gender identity and/or expression, or any other reason prohibited by law. The basis for recruitment, hiring, placement, training, compensation and advancement at the Company is qualifications, performance, skills and experience.

We are particularly proud to share that The Coca-Cola Company and Coca-Cola Refreshments do not engage in background screening related to criminal history until after a decision to hire has been made. When there is a successful applicant who has a criminal history, our talent acquisition team has in place a process to review the relevancy of the history to make an informed decision. We recognize that creating a pathway for a second chance is an important first step in creating successful, sustained re-entry into mainstream society.

FACEBOOK: Facebook is a vocal supporter of equality and we are proud to stand with a growing number of companies who have chosen to ban the box. We strongly oppose hiring practices that discriminate against qualified applicants on the basis of criminal record.

Recently, Facebook collaborated with the California Department of Justice on the agency’s OpenJustice initiative, a program that promotes transparency in the criminal justice system to strengthen the public trust, enhance government accountability, and inform public policy development.

Signing the Fair Chance Hiring pledge allows us to reaffirm our commitment to find ways that our company can create opportunities for all to succeed. And we encourage other organizations and employers to do the same.

GOOGLE: Google has banned the box in its hiring process since 2011. In the last year alone, Google has advanced racial justice and criminal justice reform with grants to organizations and leaders totaling over $5 million. Google will continue its commitment to criminal justice reform and creating opportunities for formerly incarcerated Americans by:

Convening other leading technology companies to recruit more companies to ban the box and go beyond the box to support formerly incarcerated Americans re-entering the job market.

Conducting listening sessions with criminal justice organizations and formerly incarcerated leaders to understand what specific supports are needed and consider how Google products can be used to raise awareness of the issue of mass incarceration in America.

Hosting a series of regional forums on criminal justice reform with formerly incarcerated women and men.

GREYSTON BAKERY: As part of our Fair Chance Pledge, we commit to:

Banning the Box – by delaying criminal history questions until later in the hiring process, or not asking them at all and giving individuals a chance to prove themselves through hard work regardless of background;

Training human resources staff on making fair decisions regarding applicants with criminal records, and other employment barriers, and reporting data on the number of applicants through Open Hiring;

Ensuring jobs, internships, apprenticeships, and regular and progressive job trainings are available to individuals with criminal records and other employment barriers;

Keeping an open door policy for Open Hiring for anyone to sign up for a chance at a job, when one becomes available; in the meantime, accessing workforce development trainings for employment readiness;

Providing mentorship and “soft-skills” support once on the job to ensure retention and readiness, particularly through the apprenticeship/internship period;

Supporting with placement to area employers from workforce development training programs whenever possible, through matching services and providing trainings in demand;

Providing key worker benefits past the apprenticeship period including: subsidized childcare, access to lower-cost nutritious food, and access to affordable housing, to address the highest risk factors of low-income workers and previously incarcerated individuals in sustaining employment;

Working to provide a “living wage” to all our workers in addition to subsidized worker benefits, to help those with employment barriers sustainably break the cycle of poverty.

Greyston also takes action in our local community of Yonkers, NY by supporting other employers in considering Open Hiring in their businesses, de-risking fair chance employment for them by investing in workforce development and job training programs, to increase overall regional employability and job readiness, including in “soft skills” such as literacy and numeracy, mentorship, etc.

Greyston also provides other community programs such as an early childcare center, community gardens, and housing supports for both worker benefit as well as community health and well-being, to truly contribute to sustained Fair Chance employment.

THE JOHNS HOPKINS HOSPITAL AND HEALTH SYSTEM: The Johns Hopkins Hospital and Health System’s (JHHS) practice of providing access and opportunity to the returning citizens of Baltimore is not a charitable endeavor, but a strategic part of the way we conduct our business. We are not just an organization that conducts business in Baltimore, but an integral part of the community — interwoven and connected for 126 years and counting.

When Mr. Hopkins endowed the Hospital, he recognized that the service we provide can only have a positive lasting impact if all members of the community are a part of JHHS mission. We have made sure to keep Mr. Hopkins’ directives, which in many ways mirror the Fair Chance Business Pledge, at the forefront of all that we do. This is evidenced in our hiring practice, which embraces our community’s citizens who meet our hiring requirements — including returning citizens.

We have banned the box in our hiring process and have an established practice of individually reviewing applicants that have criminal background. This thoughtful, detailed process has enabled us to have a strong returning citizen hire rate over the years.

Our long standing partnerships with community based partners, particularly those that serve returning citizens, and understand our organization and the work we do, provides us with a pipeline of talented applicants. We share our practices with other Baltimore City companies and encourage dialogue on the importance of engaging all of our citizens in the employment process.

Lastly, our organizations unwavering commitment to Baltimore City and Maryland is reflected in our Institution’s leadership, managerial and supervisory staff, who understand that we have a lot of talented people in our community. We recognize that we cannot afford to let good talent get away — especially talent that might need a second chance.

KOCH INDUSTRIES AND GEORGIA PACIFIC: Koch Industries and Georgia-Pacific support the Fair Chance Business Pledge and applaud the leadership of the White House on this critically important issue. The Pledge is consistent with Koch and Georgia-Pacific’s mission to help people improve their lives and remove barriers to opportunity for all Americans, especially the least advantaged.

We believe that we shouldn’t be rejecting people at the very start of the hiring process who may otherwise be capable and qualified, and want an opportunity to work hard.

LIBRA GROUP: The Libra Group believes strongly in the twin values of hope and opportunity. Investing in the community isn’t just a matter of ‘paying back’ with the fruits of commerce; it is good business in its own right. A community with hope and opportunity is one better equipped to contribute in tomorrow’s world. Part of our responsibility in running an international business is to actively give something back. We do this through a series of 10 managed programs and initiatives which are broadly linked to the themes of community support and assisting people who have been denied or have limited opportunity, including the formerly incarcerated. Some of these initiatives include:

Drive Change: Libra Group supports Drive Change and its mission to use the food truck workplace to run a 1-year Fellowship for young people returning home from prison so they can obtain preferred employment and educational opportunities. Our monetary and in-kind support, in the form of essential skills trainings have allowed Drive Change to:

Hire a part-time “Truck Coach” who will empower the young people in the program to gain the most from their entire Drive Change experience;

Host hospitality trainings to make sure the Fellows are receiving quality instruction that can drive their future career opportunities;

Support instructors in developing courses in work-place readiness, social media, marketing, money management and small business development;

Provide management training for Executive Staff.

Defy Ventures: Libra Group provides funding to Defy Ventures to support its mission of harnessing the natural talents of formerly incarcerated individuals and redirecting them towards the creation of profitable and legal business ventures.

Libra Internship Program: Libra Group Internships are a unique opportunity for bright, talented young people with proven leadership potential to undertake a paid placement of up to six months’ duration with the Libra Group and its subsidiaries around the world. We work with organizations such as LEDA (Leadership Enterprise for a Diverse America), SEO, Prep for Prep, Harlem Children’s Zone, Miami Dade College, Olivier Scholars and CUNY, who are dedicated to provide educational opportunities to students coming from disadvantaged backgrounds.

Through Libra’s Internship Program, we support the children of formerly incarcerated parents. We have hosted a number of students who have grown up with either one or both parents in the criminal justice system.

PEPSICO: We all have a vested interest in creating conditions that allow individuals with criminal convictions to succeed. Finding a job is often one of the biggest barriers to a second chance; that’s why PepsiCo is proud to sign the Fair Chance Business Pledge. A fair chance at a good job significantly increases an individual’s chances of successfully re-entering society while strengthening the communities we all share.

We already “ban the box” by eliminating criminal history questions on our employment applications and delaying a background check until after a conditional offer of employment has been made. In cases of a criminal background, we individually review each case to understand the relevancy of the conviction, time passed, evidence of rehabilitation and other factors. All candidates have the opportunity to tell their unique story and will not be eliminated from consideration based solely on the fact of a criminal conviction.

PepsiCo has a long history of promoting equal opportunity. We evaluate current and prospective employees solely on their qualifications, experience and performance – and we have zero tolerance for discrimination of any kind.

We will continue our efforts to create opportunities for formerly incarcerated Americans by working with community partners to provide job readiness training and support, such as Stanford Law School’s Justice Advocacy Project, an effort to assist individuals with navigating the challenges of reentry.

PRUDENTIAL FINANCIAL: Prudential Financial is proud to take the White House Fair Chance Business Pledge, building upon our long-standing commitment to equal opportunity. Our efforts to date have focused on establishing internal policies and supporting programs that rebuild communities and provide second chances to individuals and families.

Internally, Prudential is committed to inclusive hiring practices when it comes to recruiting and retaining the best talent. We post our open roles publicly and do not inquire about an individual’s criminal history until after an offer of employment is extended. If it is revealed that a candidate does have a criminal record, that does not in and of itself necessarily disqualify him/her.

Additionally, Prudential has provided nearly $50 million to support fair chance hiring policies by investing in businesses and organizations who have demonstrated a commitment to inclusive hiring practices. These practices include assisting individuals with criminal backgrounds through workforce training, which includes occupational skills training and workplace soft skills training, so that they can successfully re-enter the workforce.

STARBUCKS: Starbucks continues to encourage its partners (employees) and others to recognize the choices we, as organizations and as citizens, can each can make every day to see a different story for America. The Company believes that equal access to opportunities, for those willing to work hard and play fair, continues to be the promise of our country. In many ways, Starbucks is demonstrating responsible, compassionate ways to provide more individuals a second chance:

Ban the Box: Starbucks does not inquire about criminal histories on initial job applications and runs background checks only after a conditional offer of employment. The intent is to provide applicants with a criminal history the chance to be evaluated as a whole person by having their circumstances considered on a case-by-case basis.

Access to Opportunity: In partnership with like-minded organizations, Starbucks has come up with creative solutions to open doors for transitioning veterans, aspiring students seeking debt-free college degrees, and Opportunity Youth- 16-24 year olds who face systemic barriers to jobs and education.

100,000 Opportunities Initiative: Supported by many of the country’s youth and opportunity-focused nonprofit organizations, local governments, and participating funders, the 100,000 Opportunities Initiative is an employer led coalition of over 30 companies committed to engaging at least 100,000 opportunity youth by 2018 through experiential job fairs, apprenticeships, internships, and both part-time and full-time jobs. Since August, Starbucks has already hired over 7,000 opportunity youth, and plans to host its next hiring fair in its hometown of Seattle in May.

UBER: Providing economic opportunities to those with certain offenses on their records is a way for Uber to help reentering citizens find a way to earn a living. Driving for the Uber platform is a great option for someone looking to get back on their feet: it’s easy to get started and completely flexible.

We believe that the right path forward is to tailor our driver screening process to focus on issues that are directly relevant to providing a safe and reliable ride. We also conduct a transparent, up-to-date, and fair assessment of who should be on the Uber platform and who shouldn’t. This ensures rider safety without excluding people who deserve a fair shot at work opportunities.

To that end, in California—where more than 100,000 people drive with Uber—we’ve committed to:

Notifying people who don’t pass Uber’s pre-screening process that they could be eligible for getting felonies on their records adjusted under Proposition 47 (which they only have until November 2017 to do) and pointing them to resources to help them do that.

Aligning our pre-screening process with Proposition 47 to give people with low-level, nonviolent convictions on their records the same economic opportunities as everyone else.

Referring people who still don’t qualify to Defy Ventures to get work and entrepreneurship training as well as mentoring and job placement assistance.

We look forward to making similar commitments across the country, and we’re pleased that already, our technology and our background check processes—which include screening through national, state, and local databases—are reliable and accurate without unnecessarily discriminating against minorities as fingerprint-based checks do. We’re excited to continue working with community groups and reentry organizations across the country to explore ways our policies and technology can make our screening process fair for everyone.

UNDER ARMOUR AND PLANK INDUSTRIES: Under Amour and Plank Industries want to commend the Administration for their leadership in promoting the Fair Business Pledge with employers across this country and we are proud to take the pledge across all of our businesses. This initiative serves as an important reminder that while we all seek to improve our economy and create jobs, we must also consider the barriers that prevent qualified individuals from joining the workforce.

Under Armour comes from very humble beginnings in Baltimore, Maryland. Today, we are a global brand in performance footwear, apparel and technology with nearly $4 billion in annual revenue employing 12,000 teammates in 28 offices across 18 countries. Baltimore is home to Under Armour, and as we grow, so will the opportunities in this great city.

While Under Armour continues to be a catalyst for economic activity in Baltimore, we believe there is even more we can do to grow the economy. Taking the Fair Business Pledge is just one example of how we can make our hiring practices more inclusive for some in our community. Through the Blocal initiative, we have also pledged to work with other business leaders in Baltimore to promote locally owned businesses, hire more from the local community, buy from local suppliers and continue to give back to our local communities.

As leaders in business, we all focus on creating economic opportunity. As leaders in our community, we should also consider how everyone can participate in the opportunities we create.

UNILEVER: Through the Unilever Sustainable Living Plan, Unilever is committed to enhancing livelihoods and creating a brighter future for all. We believe that businesses like ours can and should play an important role in generating wealth and jobs around the world, improving skills and offering access to markets. Fairness in the workplace is about respecting the rights of all those who work with us. Furthermore, business can only truly flourish in societies and economies where human rights are respected and upheld.

Several years ago, Unilever was one of the first companies to implement the “banning the box” policy, meaning that we no longer ask applicants to declare a criminal record prior to being invited to interview for a position. More recently, we decided that we will not conduct criminal background checks until a contingent offer has been made to a potential applicant. By taking these actions, Unilever is proud to be a signatory of the Fair Chance Business Pledge. We are committed to providing equal opportunities to individuals with criminal records a fair chance to participate in the American economy.

XEROX: Xerox is proud to join other corporate leaders in “banning the box.” Xerox is committed to fostering an environment where everyone can contribute and succeed at every level of the corporation.

Our outreach into diverse and broad employment markets for qualified individuals results in hiring our talented workforce and allows us to build and maintain an inclusive corporate culture. We strive continually to strengthen our work environment on an ongoing basis by valuing employees with different backgrounds and perspectives.

Recall the Chatter About Being Prosecuted as a Climate Changer Denier?

Posted on April 10, 2016April 10, 2016 by Denise Simon

The standing is being set for this to happen. How did we get here?

Subpoenaed Into Silence on Global Warming

By Megan McArdle

Bloomberg: The Competitive Enterprise Institute is getting subpoenaed by the attorney general of the U.S. Virgin Islands to cough up its communications regarding climate change. The scope of the subpoena is quite broad, covering the period from 1997 to 2007, and includes, according to CEI, “a decade’s worth of communications, emails, statements, drafts, and other documents regarding CEI’s work on climate change and energy policy, including private donor information.”

My first reaction to this news was “Um, wut?” CEI has long denied humans’ role in global warming, and I have fairly substantial disagreements with CEI on the issue. However, when last I checked, it was not a criminal matter to disagree with me. It’s a pity, I grant you, but there it is; the law’s the law.

(I pause to note, in the interests of full disclosure, that before we met, my husband briefly worked for CEI as a junior employee. We now return to our regularly scheduled programming.)

Speaking of the law, why on earth is CEI getting subpoenaed? The attorney general, Claude Earl Walker, explains: “We are committed to ensuring a fair and transparent market where consumers can make informed choices about what they buy and from whom. If ExxonMobil has tried to cloud their judgment, we are determined to hold the company accountable.”

That wasn’t much of an explanation. It doesn’t mention any law that ExxonMobil may have broken. It is also borderline delusional, if Walker believes that ExxonMobil’s statements or non-statements about climate change during the period 1997 to 2007 appreciably affected consumer propensity to stop at a Mobil station, rather than tootling down the road to Shell or Chevron, or giving up their car in favor of walking to work.

State attorneys general including Walker held a press conference last week to talk about the investigation of ExxonMobil and explain their theory of the case. And yet, there sort of wasn’t a theory of the case. They spent a lot of time talking about global warming, and how bad it was, and how much they disliked fossil fuel companies. They threw the word “fraud” around a lot. But the more they talked about it, the more it became clear that what they meant by “fraud” was “advocating for policies that the attorneys general disagreed with.”

New York Attorney General Eric Schneiderman gave the game away when he explained that they would be pursuing completely different theories in different jurisdictions — some under pension laws, some consumer protection, some securities fraud. It is traditional, when a crime has actually been committed, to first establish that a crime has occurred, and then identify a perpetrator. When prosecutors start running that process backwards, it’s a pretty good sign that you’re looking at prosecutorial power run amok.

And that approaches certainty when attorneys general start sending subpoenas to think tanks that ExxonMobil might have supported. What exactly would the subpoena prove? That ExxonMobil supported opinions about climate change? That the opinions tended to be congruent with its own interests? That this opinion might have been wrong, and if so, might have encouraged wrong beliefs in others? This is a description of, roughly, every person or organization in the history of the world, not excluding attorneys general. It’s also not illegal. Especially since, as the New York Times points out, “the company published extensive research over decades that largely lined up with mainstream climatology.” This isn’t preventing consumers from buying into a Ponzi scheme; it’s an attempt to criminalize advocacy.

I support action on climate change for the same reason I buy homeowner’s, life and disability insurance: because the potential for catastrophe is large. But that doesn’t mean I’m entitled to drive people who disagree with me from the public square. Climate activists have an unfortunate tendency to try to do just that, trying to brand dissenters as the equivalent of Holocaust deniers.

It’s an understandable impulse. It seems easier to shut down dissenters than to persuade people to stop consuming lots and lots of energy-intensive goods and services.

But history has had lots and lots of existentially important debates. If you thought that only the One True Church could save everyone from Hell, the Reformation was the most existentially important debate in human history. If you thought that Communist fifth columnists were plotting to turn the U.S. into Soviet Russia, that was also pretty existentially important. We eventually realized that it was much better to have arguments like these with words, rather than try to suppress one side of them by force of law.

Unfortunately those who wield the law forget that lesson, and we get cases like the CEI subpoena, intended to silence debate by hounding one side. The attorney general doesn’t even need to have the law on his side; the process itself can be the punishment, as victims are forced to spend immense amounts on legal fees, and immense time and money on complying with investigations. (And if the law were on the attorney general’s side in a case like this, then that’s a terrible law, and it should be overturned.)

Prosecutors know the damage they can do even when they don’t have a leg to stand on. The threat of investigation can coerce settlements even in weak cases.

The enemies of the Competitive Enterprise Institute and ExxonMobil should hold their applause. In a liberal democracy, every guerrilla tactic your side invents will eventually be used against you. Imagine a coalition of Republican attorneys general announcing an investigation of companies that have threatened state boycotts over gay-rights issues, and you may get a sense of why this is not such a good precedent to set.

The rule of law, and our norms about free speech, represent a sort of truce between both sides. We all agree to let other people talk, because we don’t want to live in a world where we ourselves are not free to speak. Because we do not want to be silenced by an ambitious prosecutor, we should all be vigilant when ambitious prosecutors try to silence anyone else.

1000 Foreign Nationals, 21 Arrested and a Fake School

Posted on April 5, 2016April 6, 2016 by Denise Simon

Lots of questions to be asked here but let’s start with: What was the tip that started this investigation? The next question is: Who investigated the school to give it a license or accreditation or did it have one? The last question: What happened to the 1000 foreign nationals?

Oh wait, here is an update…this was an FBI sting operation. The Feds actually created the school for the sting operation. My bad, I should have known.

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Tuesday, April 5, 2016

21 Defendants Charged with Fraudulently Enabling Hundreds of Foreign Nationals to Remain in the United States Through Fake ‘Pay to Stay’ New Jersey College

“College” Created as Part of Homeland Security Investigations Sting Operation

Twenty-one brokers, recruiters and employers from across the United States who allegedly conspired with more than 1,000 foreign nationals to fraudulently maintain student visas and obtain foreign worker visas through a “pay to stay” New Jersey college were arrested this morning by federal agents, U.S. Attorney Paul J. Fishman for the District of New Jersey announced.

The defendants (see chart below) were arrested in New Jersey and Washington by special agents with U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and charged in 14 complaints with conspiracy to commit visa fraud, conspiracy to harbor aliens for profit and other offenses. All the defendants, with the exception of Yanjun Lin aka Aimee Lin, 25, of Flushing, New York, will appear today before U.S. Magistrate Judge Steven C. Mannion of the District of New Jersey in Newark, New Jersey, federal court. Lin will appear before U.S. Magistrate Judge Karen L. Strombom in the Western District of Washington federal court.

“‘Pay to Stay’ schemes not only damage our perception of legitimate student and foreign worker visa programs, they also pose a very real threat to national security,” U.S. Attorney Fishman said. “Today’s arrests, which were made possible by the great undercover work of our law enforcement partners, stopped 21 brokers, recruiters and employers across multiple states who recklessly exploited our immigration system for financial gain.”

“While the United States fully supports international education, we will vigorously investigate those who seek to exploit the U.S. immigration system,” said Director Sarah R. Saldaña for ICE. “As a result of this operation, HSI special agents have successfully identified and closed a gap in the student visa system and have arrested 21 individuals alleged to be amongst the system’s most egregious violators.”

“Individuals engaged in schemes that would undermine the remarkable educational opportunities afforded to international students represent an affront to those who play by the rules,” said Special Agent in Charge Terence S. Opiola for ICE Homeland Security Investigations. “These unscrupulous individuals undermine the integrity of the immigration system. Our special agents are committed to addressing, identifying fraud in order to better protect the system as a whole.”

According to the complaints unsealed today and statements made in court:

The defendants, many of whom operated recruiting companies for purported international students, were arrested for their involvement in an alleged scheme to enroll foreign nationals as students in the University of Northern New Jersey, a purported for-profit college located in Cranford, New Jersey (UNNJ). Unbeknownst to the defendants and the foreign nationals they conspired with, however, the UNNJ was created in September 2013 by HSI federal agents.

Through the UNNJ, undercover HSI agents investigated criminal activities associated with the Student and Exchange Visitor Program (SEVP), including, but not limited to, student visa fraud and the harboring of aliens for profit. The UNNJ was not staffed with instructors or educators, had no curriculum and conducted no actual classes or education activities. The UNNJ operated solely as a storefront location with small offices staffed by federal agents posing as school administrators.

UNNJ represented itself as a school that, among other things, was authorized to issue a document known as a “Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students,” commonly referred to as a Form I-20. This document, which certifies that a foreign national has been accepted to a school and would be a full-time student, typically enables legitimate foreign students to obtain an F-1 student visa. The F-1 student visa allows a foreign student to enter and/or remain in the United States while the student makes normal progress toward the completion of a full course of study in an SEVP accredited institution.

During the investigation, HSI special agents identified hundreds of foreign nationals, primarily from China and India, who previously entered the U.S. on F-1 non-immigrant student visas to attend other SEVP- accredited schools. Through various recruiting companies and business entities located in New Jersey, California, Illinois, New York and Virginia, the defendants then enabled approximately 1,076 of these foreign individuals – all of whom were willing participants in the scheme – to fraudulently maintain their nonimmigrant status in the U.S. on the false pretense that they continued to participate in full courses of study at the UNNJ.

Acting as recruiters, the defendants solicited the involvement of UNNJ administrators to participate in the scheme. During the course of their dealings with undercover agents, the defendants fully acknowledged that none of their foreign national clients would attend any actual courses, earn actual credits, or make academic progress toward an actual degree in a particular field of study. Rather, the defendants facilitated the enrollment of their foreign national clients in UNNJ to fraudulently maintain student visa status, in exchange for kickbacks, or “commissions.” The defendants also facilitated the creation of hundreds of false student records, including transcripts, attendance records and diplomas, which were purchased by their foreign national conspirators for the purpose of deceiving immigration authorities.

In other instances, the defendants used UNNJ to fraudulently obtain work authorization and work visas for hundreds of their clients. By obtaining this authorization, a number of defendants were able to outsource their foreign national clients as full-time employees with numerous U.S.-based corporations, also in exchange for commission fees. Other defendants devised phony IT projects that were purportedly to occur at the school. These defendants then created and caused to be created false contracts, employment verification letters, transcripts and other documents. The defendants then paid the undercover agents thousands of dollars to put the school’s letterhead on the sham documents, to sign the documents as school administrators and to otherwise go along with the scheme.

All of these bogus documents created the illusion that prospective foreign workers would be working at the school in some IT capacity or project. The defendants then used these fictitious documents fraudulently to obtain labor certifications issued by the U.S. Secretary of Labor and then ultimately to petition the U.S. government to obtain H1-B visas for non-immigrants. These fictitious documents were then submitted to the U.S. Customs and Immigration Services (USCIS). In the vast majority of circumstances, the foreign worker visas were not issued because USCIS was advised of the ongoing undercover operation.

In addition, starting today, HSI Newark is coordinating with the ICE Counterterrorism and Criminal Exploitation Unit (CTCEU) and the SEVP to terminate the nonimmigrant student status for the foreign nationals associated with UNNJ, and if applicable, administratively arrest and place them into removal proceedings.

The chart below outlines the charges for each defendant. The charges of conspiracy to commit visa fraud and making a false statement each carry a maximum potential penalty of five years in prison and a $250,000 fine. The charges of conspiracy to harbor aliens for profit and H1-B Visa fraud each carry a maximum penalty of 10 years in prison and $250,000 fine.

The charges and allegations contained in the complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.

U.S. Attorney Fishman credited special agents of U.S. Immigration and Customs Enforcement, under the leadership of Director Saldaña; HSI Newark, under the leadership of Special Agent in Charge Opiola; U.S. Immigration and Customs Enforcement, Counterterrorism and Criminal Exploitation Unit, under the leadership of Unit Chief Robert Soria; U.S. Citizenship and Immigration Services, Fraud Detection and National Security Section, under the leadership of Associate Director Matthew Emrich; the Student and Exchange Visitor Program, under the leadership of Deputy Assistant Director Louis M. Farrell; U.S. Citizenship and Immigration Services, Vermont Service Center, Security Fraud Division, under the leadership of Associate Center Director Bradley J. Brouillette; U.S. Department of State, Bureau of Consular Affairs, Office of Fraud Prevention Programs, under the leadership of Director Josh Glazeroff; and the FBI, Joint Terrorism Task Force, under the leadership of Timothy Gallagher in Newark, for their contributions to the investigation.

He also thanked the Accrediting Commission of Career Schools and Colleges (ACCSC), under the leadership of Executive Director Michale S. McComis, and the New Jersey Office of Higher Education, under the leadership of Secretary of Higher Education Rochelle R. Hendricks, for their assistance. In addition, U.S. Attorney Fishman thanked the New Jersey Motor Vehicle Commission and the New York State Department of Motor Vehicles, as well as the U.S. Attorney’s Offices for the Central District of California, Eastern District of New York, Eastern District of Virginia, Southern District of New York, Central District of Illinois, Peoria Division, and the Northern District of Georgia for their help.

The government is represented by Assistant U.S. Attorney Dennis C. Carletta of the U.S. Attorney’s Office National Security Unit and Sarah Devlin of the Office’s Asset Forfeiture and Money Laundering Unit.

*Defendant Name*	*Age*	*Residence*	*Charges*
Jun Shen aka Jeanette Shen	32	Levittown, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Jiaming Wang aka Celine Wang,	34	Los Angeles, California	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Philip Junlin Li	33	Los Angeles, California	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Zitong Wen aka Kate Wen	27	Rowland Heights, California	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Chaun Kit Yuen aka Alvin Yuen	24	Rowland Heights, California	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Ting Zue aka Tiffany Xue	28	Flushing, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Yanjun Lin aka Aimee Lin	25	Flushing, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Zheng Zhang aka Vicky Zhang	26	New York, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Xue Yong Liu aka Jack Liu	29	New York, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit

Minglu Li aka Vivian Lee	36	Los Angeles, California	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Jason Li aka Jason Liu aka Fen Lee	43	Flushing, New York	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Tajesh Kodali	44	Edison, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Jyoti Patel	34	Franklin Park, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Shahjadi M. Parvin aka Sarah Patel	54	Hackensack, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Narendra Singh Plaha	44	Hillsborough, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Sanjeev Sukhija	35	North Brunswick, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Harpreet Sachdeva	26	Somerset, New Jersey	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Avinash Shankar	35	Bloomington, Illinois	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Karthik Nimmala	32	Smyrna, Georgia	– Conspiracy to commit visa fraud – Conspiracy to harbor aliens for profit
Govardhan Dyavarashetty aka Vardhan Shetty	35	Avenel, New Jersey	– H1-B Visa fraud – False statements – Conspiracy to harbor aliens for profit
Syed Qasim Abbas aka Qasim Reza aka Nayyer	41	Brooklyn, New York	– H1-B Visa fraud – False statements – Conspiracy to harbor aliens for profit

12 School Principals Charged with Bribery

Posted on March 29, 2016March 29, 2016 by Denise Simon

Rather disgusting when the FBI has to investigate. The pattern perhaps begins in 2009 with spending scandals?

Official statement from the Manager of Detroit Public Schools

Feds charge 12 Detroit school principals with bribery

USAToday: DETROIT —A dozen current and former principals in the Detroit Public Schools system are facing federal bribery and fraud charges, according to court records.

The charges are expected to be announced later Tuesday by the the U.S. Attorney’s Office at a news conference. U.S. Attorney Barbara McQuade will be joined by FBI and IRS officials at the news conference.

Besides the 12 principals, an administrator and a school district vendor also are among those facing charges.

The announcement comes nearly two months after ex-principal Kenyetta Wilbourn Snapp, who was hailed as a once-rising education star and turnaround specialist in Detroit Public Schools, pleaded guilty to bribery. Snapp admitted she pocketed a $58,050 bribe from a vendor and spent it on herself while working for the embattled Education Achievement Authority, a state-formed agency that was supposed to help Detroit’s most troubled schools.

Snapp, who is set to be sentenced June 1, faces up to 46 months in prison for bribery. Another women, Paulette Horton, an independent contractor who was involved in a deal to provide tutoring services at two high schools, pleaded guilty to conspiracy to commit program bribery. The 60-year-old consultant admitted that she was the middleman who handed over bribes to Snapp.

Vendor, Glynis Thornton, also pleaded guilty in January, admitting she gave Snapp money in exchange for awarding her company the tutoring contract. In her guilty plea, Thornton explained how the scheme worked: Thornton would give an independent contractor the bribe money for Snapp, that contractor would meet Snapp at a bank, give her the money, and keep some for herself.

****

In part from Detroit News: One of the seven current principals charged, Ronald Alexander, 60, of Detroit, principal of Spain Elementary, accepted a $500,000 donation from the “Ellen DeGeneres Show” in February for technology updates, campus renovations and additional staff funding.

DPS school board vice president Ida Short, who attended McQuade’s press conference, said a lack of oversight in the district allowed a conspiracy such as this to happen. Before the state took over the district, school board members were required to approve contracts, Short said.

“We have a czar over the district. …We would ordinarily not have principals approving this level of contract. It’s too much money. It’s too easy for people to get greedy as you see,” Short said. “We want to have the rights of every district in the state — to have an elected school board.”

Steven Rhodes, emergency manager for DPS, said Tuesday the district has suspended business with Shy and all of his companies. He added the district has changed policies to prevent fraud.

“I cannot overstate the outrage that I feel about the conduct that these DPS employees engaged in that led to these charges,” Rhodes said. “And I am sure that this sense of outrage is shared by the other dedicated and committed DPS employees, as well as DPS parents and everyone who is interested in the future success of DPS.”

McQuade said her office received a tip from the state of Michigan after it performed an audit at the Education Achievement Authority that raised several red flags.

After her office investigated the EAA and a federal grand jury indicted three people there on criminal charges, McQuade said they next learned about Shy.

The principals charged in the case were not working with each other, McQuade said, and did not know others were participating in the fraud.

She said the decision to file charges in the case has nothing to do with “DPS or the emergency manager.”

“It’s about these 14 people who breached the public trust. The real victims are students and families who attend Detroit Public Schools. … This case is a real punch in the gut for those who do the right thing,” McQuade said.

Also charged in the case are:

■Tanya Bowman, 48, of Novi, former principal of Osborn Collegiate Academy.

■Nina Graves-Hicks, 52, of Detroit, former principal of Davis Aerospace Tech High.

■Josette Buendia, 50, of Garden City, principal of Bennett Elementary.

■James Hearn, 50, of West Bloomfield, principal of Marcus Garvey Academy.

■Beverly Campbell, 66, of Southfield, former principal at Rosa Parks School and Greenfield Union Elementary-Middle School.

■Gerlma Johnson, 56, of Detroit, former principal at Drew Academy and Earhart Elementary-Middle School.

■Stanley Johnson, 62, of Southfield, principal of Hutchinson Elementary.

■Tia’Von Moore-Patton, 46, of Farmington Hills, principal at Jerry L. White Center High school.

■Willye Pearsall, 65, of Warren, former principal at Thurgood Marshall Elementary school.

■Ronnie Sims, 55, of Albion, former principal of Fleming Elementary and Brenda Scott Middle School.

■Clara Smith, 67, Southfield, principal at Thirkell Elementary.

Each of the 14 defendants faces up to five years in prison and fines of up to $250,000 on charges of conspiracy to commit federal program bribery.

Shy and Flowers face up to five years in prison and fines of up to $100,000 on the tax evasion charges.

Rhodes said he was advised Tuesday morning by McQuade of the charges and instructed the district’s employee relations department to place the current employees on unpaid administrative leave.

Rhodes said the policies put in place in light of the charges are suspending all purchases by individual schools until further notice; requiring central office approval for all school-based purchases, suspending the ability by principals and assistant principals to sign off on or execute any vendor agreements and contracts without central office approval by the superintendent’s office, finance and/or procurement.

He is requiring two signatures on all school-based invoices before they will be paid, conducting a review of all purchases made by the employees identified by the U.S. Attorney, launching a full review of all school-based vendor contracts to determine if all or a portion need to be terminated and rebid, and recruiting an independent auditor to do a thorough review and assessment of procurement processes and procedures to ensure they are in compliance with all state and federal rules and regulations.

“The actions of these individuals are reprehensible and represent a breach of the public trust that has deprived our students of more than $2.7 million in resources,” he said.

David P. Gelios, special agent in charge, FBI Detroit Division, said as a former educator, the case strikes to his very core.

“To enrich oneself at the expense of school children is bad enough, but to misapply public funds intended to educate kids in a district where overall needs are so deep, funding sources are so strained, and the need for better education is so crucial, is reprehensible and an insult to those educators working every day to make a better future for our children,” he said.

In October, the FBI launched a corruption investigation involving DPS and the EAA to determine if contracts were awarded to vendors who paid kickbacks.

In December, a federal grand jury in Detroit indicted a former EAA principal and two school vendors on charges of money laundering, conspiracy and bribery.

Prosecutors said Kenyetta Wilbourn Snapp, former principal of Mumford and Denby high schools, was part of a kickback scheme along with co-defendants Paulette Horton and Glynis Thornton.

Horton was an EAA vendor who conspired with Snapp and Thornton, a tutoring vendor, to take money from the federally funded school district to enrich themselves.

All three have entered guilty pleas in the case. Sentencing is scheduled for June.

The EAA was created in 2011 by Gov. Rick Snyder as a school district to turn around Detroit’s lowest performing public schools.

The defendants are expected to turn themselves in for a court hearing in U.S. District Court, McQuade. No dates have been set.

Border Security Facts or Not

Posted on March 23, 2016March 23, 2016 by Denise Simon

March 23, 2016

National Security and Border Threats

Key word, key term for entry: CREDIBLE FEAR = immediate entry, on the fly on asylum.

Horowitz: What is Homeland Security Hiding Behind Immigration Numbers?

CR: As Americans ominously observe the raging fire of suicidal immigration policies implemented by our European friends across the pond, one of the first questions on their minds is: how many of these Islamic radicals have been admitted to our country? The answer is we don’t even know how many people in total have come to our country since 2013 because the Department of Homeland Security has refused to publish that data or make it available to Congress.

It is already March 2016, yet the public and members of Congress still do not have any of the immigration data for 2014, much less 2015.

Over the past year we’ve been posting data on the number of immigrants, naturalized citizens, and immigrants from predominantly Muslim countries we have accepted in recent years. The immigration and naturalization trends are skyrocketing across the board, particularly from Muslim countries. Roughly 680,000 immigrants from predominantly Muslim countries have been given green cards from 2009-2013. But notice we have no data since 2013.

While data on refugees can be pulled from the State Department’s database (when it is working) and information on some non-immigrant visas can be pulled from the State Department’s Bureau of Consular Affairs, the public is in the dark as to the number of people who have been granted green cards in total (and the breakdown by country) without access to the annual “Yearbook on Immigration Statistics” from the Department of Homeland Security.

It is already March 2016, yet the public and members of Congress still do not have any of the immigration data for 2014, much less 2015. Typically, the statistics are published during the spring of the following year. The release of data has gotten progressively slower since the INS was restructured into the Department of Homeland Security in 2003, but the Obama administration has consistently stonewalled on publishing data. For example, it wasn’t until last week that HHS’s Office of Refugee Resettlement published its 2014 report on refugees. But even Obama’s DHS had the 2013 data posted by June of 2014. Why is there still no data on 2014 two years later?

With evidence from Census data indicating a surge in immigration overall and a spike in immigration from the Middle East, why is it that in a first world country we don’t even know how many people have come in since the advent of ISIS? Given the terrorism threats and the growing population from the Middle East, wouldn’t it be nice to know how many people from predominantly Muslim countries have been granted green cards over the past two years?

Given the influx of Central American illegal immigrants, shouldn’t we know how many were granted asylum and how many children were granted Special Immigrants Juvenile Status, which leads to a pathway to citizenship?

Given Obama’s unprecedented move of advertising and recruiting immigrants to become naturalized citizens last year, shouldn’t we know how many have signed up and from where they originated?

The notion that even members of Congress don’t know the details of who is being added to our civil society until two years later is patently absurd and dangerous. Congress should have the full reports the following year and topline data every month.

Unfortunately, there aren’t enough members of Congress who care enough to exercise proper oversight over this administration’s violation of our sovereignty.