Passing a Law to Enforce the Law and an App

When George W. Bush created the Department of Homeland Security, one of the missions was to bring together the mobilize key agencies into one to force collaboration, cooperation and joint use of tools and technology to secure the country. Under Barack Obama, not only were executive orders signed to waive standing law and procedures, the security of the country has reached a tipping point as a result of adding in migrants, refugees and aliens. Mandates from the White House to other agencies include edicts to ignore policy and security standards but we are virtually giving sanctuary to criminals.

Now the House of Representatives is working on legislation to force compliance with law.

The Department of Homeland Security knows there are growing threats across the country so in December of 2015 the agency re-launched the warning system.

There is an app for that. The Department of Justice even published a 10 page handbook.

WASHINGTON — Homeland Security Secretary Jeh Johnson activated the National Terrorism Advisory System for the first time Wednesday, warning the public of “self-radicalized actors who could strike with little or no notice.”

The bulletin, which marks the addition of a new level of public warning to the system, will be in effect for the next six months, or until events dictate otherwise, Johnson said.

The Department of Homeland Security is “especially concerned that terrorist-inspired individuals and homegrown violent extremists may be encouraged or inspired to target public events or places,” the bulletin stated.

“As we saw in the recent attacks in San Bernardino and Paris, terrorists will consider a diverse and wide selection of targets for attacks,” the DHS notice said.

House Acts to Keep America Safe

Passes Legislation to Enhance Overseas Traveler Vetting & Help Stem Flow of Foreign Fighters

Washington, D.C. – Today, the House of Representatives passed the Enhancing Overseas Traveler Vetting Act (H.R. 4403).  The legislation, introduced by Rep. Will Hurd (R-TX), works to improve the vetting of travelers against terrorist watch lists and law enforcement databases, enhances border management, and improves targeting and analysis.

On the House floor, speaking in support of the bipartisan legislation, Chairman Royce delivered the following remarks (as prepared for delivery):

The global threat of terrorism has never been as high as it is today.  In just the last 12 months, we’ve seen terrorists strike in my home state of California, and in France, Belgium, Turkey, India, Tunisia, the Ivory Coast, Nigeria, Pakistan and Iraq – to name a few.  No country is immune.  The ideology of violent extremism knows no boundaries – allowing individuals to become radicalized by terrorists overseas without leaving their neighborhood.

I just returned from Iraq, Jordan and Tunisia, where I heard first-hand about the foreign fighter threat.  More than 35,000 foreigners from 120 countries have traveled to the Middle East to join ISIS, and many of these fighters are now looking to return to their homes and to the United States to carry out attacks.

That is why information sharing between countries is more critical than ever.

The bipartisan Task Force’s report highlighted the lack of any comprehensive, global database of foreign fighters and suspected terrorists.  In its absence, the U.S. and other countries rely on a patchwork system for exchanging extremist identities, which is weak and increases the odds that foreign fighters and suspected terrorists will be able to cross borders undetected.

H.R. 4403 will authorize the Secretaries of the Department of State and Homeland Security to develop open-source software platforms to vet travelers against terrorist watch lists and law enforcement databases.  It permits the open-source software to be shared with foreign governments and multilateral organizations, like INTERPOL.

This bill reflects the recommendations made by our colleagues on the Task Force, which we have worked together on.  I thank Mr. Hurd and Chairman McCaul for their leadership working to make our nation safer against terrorist threats.

Obamaphones Back in the News, the Scandal was a Secret

Primer: Remember YOU, the taxpayer are subsidizing this program.

FNC/WSJ: The U.S. government spent about $2.2 billion last year to provide phones to low-income Americans, but a Wall Street Journal review of the program shows that a large number of those who received the phones haven’t proved they are eligible to receive them.

The Lifeline program—begun in 1984 to ensure that poor people aren’t cut off from jobs, families and emergency services—is funded by charges that appear on the monthly bills of every landline and wireless-phone customer. Payouts under the program have shot up from $819 million in 2008, as more wireless carriers have persuaded regulators to let them offer the service.

The FCC on the Lifeline program.

FCC Kept ‘Obamaphone’ Fraud Under Wraps Until After It Expanded Program

Commissioners were instructed not to reveal $5 million fine until day after controversial Lifeline expansion vote

 Tom Wheeler / APTom Wheeler / AP

Federal regulators were instructed to keep a massive fraud investigation under wraps until a day after a controversial vote to expand a program that was allegedly used to bilk taxpayers of tens of millions of dollars, one those regulators claims.

The Federal Communications Commission on Friday announced that it would seek $51 million in damages from a cell phone company that allegedly defrauded the federal Lifeline program of nearly $10 million.

The commission’s five members unanimously backed the Notice of Apparent Liability (NAL), but Republican commissioner Ajit Pai parted from his colleagues in a partial dissent. According to Pai, he and other commissioners were told not to reveal the details of its investigation until April 1, a day after the FCC voted to expand the Lifeline program.

“Commissioners were told that the Notice of Apparent Liability could not be released or publicly discussed until April 1, 2016, conveniently one day after the Commission was scheduled to expand the Lifeline program to broadband,” Pai wrote. “That’s not right.”

Pai did not say who issued that directive. However, it had the effect of preventing public knowledge of widespread fraud in the Lifeline program ahead of a contentious vote on expanding it despite persisting concerns about a lack of internal safeguards.

FCC spokesman Will Wiquist insisted that the timing was completely coincidental. “The timing of the enforcement action was in no way related to the timing of the vote on the program modernization,” he said in an email.

Lifeline has faced controversy over enrollment requirements that its critics say are too lax and vulnerable to fraud. The service, which subsidizes cell phone plans for low-income Americans, allows beneficiaries to enroll using cards issued for the Supplemental Nutrition Assistance Program (SNAP), a welfare program that has also faced fraud allegations.

Critics of the Lifeline program began calling its subsidized cell phones “Obamaphones” early in the Obama administration in response to viral YouTube videos of beneficiaries thanking the president for their free phones. The program was actually created under President Ronald Reagan.

The FCC’s NAL last week accused cell phone provider Total Call Mobile, which provides Lifeline services in 19 states, of “systematic and egregious misconduct” and “widespread enrollment fraud.”

According to the commission, Total Call employees enrolled tens of thousands of duplicate Lifeline beneficiaries and pocketed the extra subsidies. The FCC caught onto the scheme when the company enrolled an undercover FCC investigator in the program without asking for any eligibility documentation.

“Since 2014, Total Call has requested and received an estimated $9.7 million dollars in improper payments from the Universal Service Fund for duplicate or ineligible consumers despite repeated and explicit warnings from its own employees, in some cases compliance specialists, that company sales agents were engaged in widespread enrollment fraud,” the FCC said in a news release.

A common means of fraudulent enrollment was the repeated use of a single SNAP identification card, according to the FCC. That drew the ire of Commissioner Michael O’Reilly, who said the use of SNAP cards as Lifeline verification mechanisms is woefully inadequate.

“I must once again lodge my extreme frustration that the Commission continues to rely on SNAP as an entry point in the Lifeline program, and has the gall to claim that it is a highly accountable program, when it is painfully obvious to anyone paying attention that SNAP is riddled with waste, fraud, and abuse,” he wrote in a partial dissent in the Total Call case.

Despite those ongoing concerns, the FCC recently voted to expand the Lifeline program to include subsidies for 3G wireless broadband service.

That vote followed a contentious debate over the scope of the expansion and its accompanying price tag. The commission approved the expansion by a narrow 3-2 vote on March 31, a day before the FCC announced its Total Call NAL.

The existence of a massive ongoing Lifeline fraud investigation might’ve affected public perception of that vote, if not the vote itself, leading Pai to call the muzzling of commissioners on the Total Call investigation “conveniently” timed.

Pai also objected to commission delays that he said prevented it from sanctioning Total Call for the full scale of its apparent misconduct.

“Even though [the FCC] identified 32,498 intra-company duplicates, we pursue only 2,587. Even though we have evidence that Total Call Mobile bypassed federal safeguards to enroll 99.8% of its subscribers, we hold the company liable for only 16%,” Pai wrote.

“Under these circumstances, our precedent suggests that a forfeiture of at least $84,295,910 would have been appropriate. Yet the Commission settles for something much less.”

Even as the FCC was investigating this pattern of alleged fraud, Total Call was pouring money into its new Washington lobbying operation. According to disclosure forms, it hired lobbyists with the firm ML Strategies in June of last year, a month after the FCC subpoenaed the company.

ML Strategies has reported collecting $120,000 in fees from Total Call to lobby Congress and the FCC on “general issues related to the Lifeline program.”

The FCC’s investigation is not Total Call’s first time running afoul of federal regulators: the commission issued a $12,000 NAL in 2010 accusing the company of failing to abide by regulations on hearing aid compatibility.

Its sister companies have faced far larger fines for more egregious offenses.

Total Call Mobile is wholly owned by prepaid phone card company Total Call International, which is wholly owned by Japanese telecommunications giant KDDI. KDDI is also the sole shareholder of Locus Telecommunications.

The FCC has targeted Locus in numerous enforcement actions over the past decade, and sought fines reaching into the eight figures.

The FCC levied a $5 million penalty against the company in October “for deceptively marketing its prepaid telephone calling cards.” Previous Notices of Apparently Liability sought fines from the company of $5 million, $330,000, $25,000, $23,000, and $12,000.

Mossack Fonseca Offices Raided, and Spies too?

Panama raids offices of Mossack Fonseca law firm

Reuters:Panama’s attorney general late on Tuesday raided the offices of the Mossack Fonseca law firm to search for any evidence of illegal activities, authorities said in a statement.

The Panama-based law firm is at the center of the “Panama Papers” leaks scandal that has embarrassed several world leaders and shone a spotlight on the shadowy world of offshore companies.

The national police, in an earlier statement, said they were searching for documentation that “would establish the possible use of the firm for illicit activities.” The firm has been accused of tax evasion and fraud.

Police offers and patrol cars began gathering around the company’s building in the afternoon under the command of prosecutor Javier Caravallo, who specializes in organized crime and money laundering.

Mossack Fonseca, which specializes in setting up offshore companies, did not respond to requests for comment on Tuesday.

Earlier, founding partner Ramon Fonseca said the company had broken no laws, destroyed no documents, and all its operations were legal.

Governments across the world have begun investigating possible financial wrongdoing by the rich and powerful after the leak of more than 11.5 million documents, dubbed the Panama Papers, from the law firm that span four decades.

The papers have revealed financial arrangements of prominent figures, including friends of Russian President Vladimir Putin, relatives of the prime ministers of Britain and Pakistan and of China’s President Xi Jinping, and the president of Ukraine.

There are more details. From Joseph FITSANAKIS of IntelNews in part:

The Süddeutsche Zeitung said on Monday that senior intelligence officials from Rwanda and Colombia are listed as Mossack Fonseca customers, but did not report the names of the individuals. It did, however, single out the late Sheikh Kamal Adham, who was director of Saudi Arabia’s General Intelligence Directorate in the 1960s and 1970s. During his 14-year directorship of the GID, the agency became a leading intermediary between the CIA and Arab intelligence agencies, notably those of Egypt and Iraq. Sheikh Adham was also a personal friend of CIA Director George Bush, who was later elected US president.

According to the Süddeutsche Zeitung, Sheikh Adham is one of many individuals with close CIA links whose names appear in the Panama Papers. Another is Farhad Azima, an Iranian-born American businessman, who is rumored to have leased aircraft to the CIA in the 1980s. The American intelligence agency is said to have used the aircraft, which belonged to Azima’s Kansas City, Missouri-headquartered Global International Airways, to transport weapons to Iran. The secret transfers were part of what later became known as the Iran-Contra scandal, in which US officials secretly sold weapons to Iran in return for the release of American hostages held by Iran-linked groups in the Middle East. The funds acquired from these weapons sales were then secretly funneled to the Contras, a medley of anti-communist paramilitary groups fighting the Sandinista-led government of Nicaragua.

 

Belgium Knew of the Network, Europe Knew

Note: There is the same movement in America but who gets that memo?

This website published an item last month on a very closely related movement in Belgium and honestly across Europe, the Shariah4 movement.

In fact this movement is at least 5 years old.

—- [Hot Issue] The Zerkani Network: Belgium’s Most Dangerous Jihadist Group // Terrorism Monitor – The Jamestown Foundation

In recent months, there have been key developments and insights regarding the notable number of Belgians fighting in Syria and Iraq. A recruitment organization whose existence was unearthed during a series of trials turned out to be one of the most active; the direct implication of the so-called Zerkani network in the Brussels and Paris attacks also makes it the most dangerous one. This analysis serves as an update to my May 2015 article in Terrorism Monitor “How Belgium Became a Top Exporter of Jihad,” and points out significant differences with other Belgian jihadist networks, as well as uncovers the nuances of their links with one another (Terrorism Monitor, May 29, 2015).

About a year ago, the neo-Islamist movement Shariah4Belgium was invariably named as the most significant factor behind the tremendous number of Belgian fighters in the Syrian-Iraqi conflict (Terrorism Monitor, May 29, 2015). According to the latest estimates, that figure can be as high as 589 by now. With 80 of the militants clearly linked to Shariah4Belgium, the network’s importance remains. The Zerkani network comes close, however. Hardly known twelve months ago, the Zerkani network appears to have sent at least 59 people to the jihad in Syria and Iraq (Pieter Van Ostaeyen, April 3). Three of these Zerkani jihadists have played a direct role in Europe’s latest terrorist attacks: Abdelhamid Abaaoud and Chakib Akrouh were perpetrators in Paris, while Najim Laachraoui participated in Brussels and is also suspected of being the bomb maker for both plots (Emmejihad, March 22).

The Zerkani Network’s Origins

The Zerkani network is named after Khalid Zerkani, a 42-year-old Moroccan who was living in the Brussels municipality of Molenbeek. Before sentencing him to twelve years’ imprisonment on July 29 of last year, the judge described him as a “cynical guru.” According to the written judgment of the trial, Zerkani not only indoctrinated very young people up to the point where they were willing to sacrifice themselves, but also encouraged them to commit a slew of petty crimes in order to pay for their journey to death. [1] Though practicing Muslims are not allowed to steal from another, theft among the Zerkani network was whitewashed as taking “ghanima”— the spoils of war. That principle is said to have been introduced into the network by Reda Kriket, a Frenchman living in Belgium who was arrested shortly after the Brussels attacks on suspicion of yet another terrorist plot (Marianne, March 25).

It is not entirely clear whether Zerkani himself has ever been part of the terrorist plots in which his recruits had a role. It is possible that he only aimed at recruiting for a war abroad. The Belgian terrorists responsible for attacking the West after he recruited them may well have been selected and groomed for their deadly European missions behind Zerkani’s back. There are strong indications however, that Zerkani also plotted for that kind of action. As early as 2012, conversations about the need of attacks in the West were overheard by Belgian security services during a meeting in which he took part (Emmejihad, January 26). Moreover, Zerkani did not only recruit for the Syrian jihad; prior, he was linked to at least seven people convicted in Belgium for their cooperation with al-Shabaab, the al-Qaeda-linked terrorist organization based in Somalia. [2]

Zerkani’s Key Social Ties

Fatima Aberkan, a 55-year-old mother who has sent four of her own sons to the Syrian jihad, was convicted at the same trial as Zerkani. The judge described her as the “pasionaria of the jihad,” highlighting her enormous role in both the indoctrination of recruits and in organizing the logistics of their departure to war. Fatima Aberkan used to be the closest friend of Malika El Aroud, Europe’s most notorious female terror convict to date (Marie Claire, May 15, 2009). It was Aberkan who served as a go-between (with her e-mail address [email protected], to be more precise) for El Aroud and the latter’s second husband, Moez Garsallaoui, after his departure from Belgium in 2007 to become a high ranking member of al-Qaeda in the Afghan-Pakistani border zone. Aberkan was also responsible for providing Nizar Trabelsi—who was convicted for plotting against the U.S. Air Force base in the Belgian town of Kleine Brogel and later rendered to the U.S.—with a mobile phone in prison, adding to existing suspicions of a plot to set him free. [3]

Aberkan’s brother Abdelhouaid, was also convicted as a member of Zerkani’s network, notably for his role in the 2001 assassination of the Afghan anti-Taliban commander, Ahmed Shah Massoud. He was responsible for driving El Aroud’s first husband, Dahmane Abd al-Satter, to the airport for the assassination, which was a suicide mission, and was considered to be preparation for the 9/11 attacks in the U.S. (LeMonde, April 19, 2005).

While Abdelhouaid Aberkan was convicted in Belgium for his part in the assassination of Commander Massoud, another person linked to the Zerkani network was tried in France for the same charge. Abderrahmane Ameuroud, 38, was arrested at a tram stop in the Brussels municipality of Schaarbeek on March 25 of this year, and was then shot in the leg. He is suspected of being part of a terrorist plot for which fellow Zerkani network member, Reda Kriket, had amassed an unprecedented amount of arms and explosives (Libération, March 30). According to the French-Algerian journalist Mohamed Sifaoui, Ameuroud is the youngest of three brothers who all have escalated their lawbreaking habits from petty crimes to Islamic terrorism (Twitter, March 26). Abderrahmane’s brother Reda was expulsed by France for radical sermons he held in a Paris mosque, while Abderrahmane is said to be a veteran of al-Qaeda’s training camps and was named a recruiter for the previous Iraqi jihad more than ten years ago (LeParisien, July 29, 2005).

Zerkani Network vs. Shariah4Belgium

Zerkani’s modus operandi could hardly differ more from that of Shariah4Belgium. The latter was notorious for its highly visible actions, such as public demonstrations and preaching sessions in crowded shopping streets. Zerkani’s organization had no website, no logo, and no distinctive name. Recruiting was done under the guise of offering community sporting activities, while further indoctrination happened in old-fashioned backrooms. While Shariah4Belgium’s leader Fouad Belkacem participated in televised debates and disseminated his sermons via YouTube, even the grainiest picture of Zerkani is extremely hard to locate. Zerkani was always sure to use someone else’s phone while calling abroad, and conversely, he had others in his network carry his phone to avoid being traced and geo-located. According to the court judgment mentioned above, Zerkani’s wariness supplemented the belief that he was trained in the famous Afghan-Pakistani terrorist camps, “as unconfirmed reports claim.” [4]

While most of the people Shariah4Belgium recruited between 2012 and the first months of 2014 were incorporated in the local militia “Majlis Shura al-Mujahideen” of the Syrian commander Amr al-Absi, Zerkani’s early recruits landed within the “Katibat al-Muhajireen,” which was led at the time by the ethnic-Chechen commander Tarkhan Batirashvili, better known as Abu Omar al-Shishani. Both groups were based in the outskirts of Aleppo and cooperated with one another, meaning that Belgian fighters of both networks interacted with each other regularly. Soon after the establishment of the so-called Islamic State (IS), al-Absi and al-Shishani pledged allegiance to the IS leader, Abu Bakr al-Baghdadi. But as was the case with the Shariah4Belgium recruits, several Zerkani members instead joined rival Jabhat al-Nusra, also known as al-Qaeda’s branch in Syria. What happened later in terms of individual affiliations is difficult to ascertain, though it appears most of the Zerkani recruits finally joined the Islamic State—similar to the many Shariah4Belgium members who had joined IS before them.

A remarkable characteristic of the Antwerp-based and mainly Dutch-speaking Shariah4Belgium is that it ostensibly lacked any link with older networks of the Belgian jihad. Apart from a few links with the remnants of the “Groupe Islamique Combattant Marocain” (GICM), Shariah4Belgium does not seem rooted in Belgium’s extremist past (Emmejihad, June 7, 2014). This could not be more different from the Zerkani network, which operates almost exclusively in French-speaking circles in Brussels.

Although Shariah4Belgium and the Zerkani network have their dissimilarities, they are connected to a certain degree. The recent arrest of Shariah4Belgium convict Bilal El Makhoukhi, 27, in connection to the Brussels attacks, may have resulted from members of both networks having met each other at the Syrian front (De Redactie, April 9) as well as in Belgium. The man at the intersection of the two groups is Jean-Louis Denis, 41. He ran his own recruitment cell for the Syrian jihad, posing as a benefactor distributing food to the homeless near the Brussels “Gare du Nord” railway station. Denis was sentenced to ten years in jail in January 2016 for these charges (Le Soir, January 29). According to the outcome of this trial, he not only publicly declared himself to be the leader of the Brussels chapter of Shariah4Belgium, but even claimed to be in the running to replace its overall leader, Fouad Belkacem, after Belkacem’s arrest in June 2012. [5]

Denis was particularly successful as a recruiter, attracting people who wanted to join the jihad from as far as Martinique. However, he lacked the necessary contacts to get his recruits across Syrian borders. Therefore, he often relied on the social network structures that Zerkani had built. Based upon evidence presented at his trial, it was Denis’s lieutenant, Mohamed Khemir, 37, who served as most important go-between. At least once, Khemir accompanied Zerkani when he brought a young French recruit to the Brussels airport to travel to Syria. Zerkani, Khemir, and Denis were often present at the same meetings, and little by little, both groups almost seemed to merge. In the end, Denis’s entourage looked more like a chapter of Zerkani’s network than as a part of Shariah4Belgium, but left behind a significant number of jihadists who were influenced by both. [6]

Conclusion

Hardly known a year ago, Belgium’s Zerkani network has now been revealed to be the country’s most dangerous jihadist group. Led by the enigmatic Moroccan, Khalid Zerkani, it has sent at least 59 recruits to Syria and Iraq. Most of them have ended up within the terrorist group Islamic State, and at least three have returned to Western Europe to commit the deadly Paris and Brussels terrorist attacks. The modus operandi of the network differs greatly from that of Shariah4Belgium, the more renowned and equally as significant group fueling the high number of Belgian jihadists, though connections between the groups—both in Belgium and in the battlefield—are undoubtedly present.

Guy Van Vlierden is a journalist for the Belgian newspaper Het Laatste Nieuws, specializing in issues relating to terrorist and extremism.

Notes:

[1] Judgment of the ‘Tribunal de Première Instance Francophone de Bruxelles’ issued on July 29, 2015 – in the possession of the author.

[2] Mentioned in the judgment of July 29, 2015 – cfr. Supra

[3] Mentioned in Italian court papers in the possession of the author; Mentioned in the judgment of July 29, 2015 – cfr. Supra.

[4] Mentioned in the judgment of July 29, 2015 – cfr. Supra.

[5] Judgment of the Tribunal de Première Instance Francophone de Bruxelles issued at January 29, 2016 – in the possession of the author.

[6] All details mentioned in the judgment of January 29, 2016 – cfr. Supra.

WH to Employers, Make them Preferred Hiring Candidates

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.