Protecting National Security and Upholding Public Safety

Transcription

1 Protecting National Security and Upholding Public Safety

2 Overview ICE protects the security of the American people and homeland by vigilantly enforcing the nation s immigration and customs laws.

3 Leadership Overview Department of Homeland Security Secretary Janet Napolitano U.S. Immigration and Customs Enforcement Assistant Secretary John Morton

4 Layered Defense Overview ICE is the largest investigative agency in the Department of Homeland Security (DHS). ICE combines innovative investigative techniques, new technological resources and a high level of professionalism to provide a wide range of services to the public and to our law enforcement partners at the federal, state and local levels. With more than 19,000 employees in over 400 offices both nationally and around the world, ICE is a key component of the DHS layered defense approach to protecting the nation.

5 Overview Operational Divisions Enforcement and Removal Operations (Formerly Office of Deportation and Removal Operations) Homeland Security Investigations (Formerly Office of Investigations) Office of Intelligence Office of International Affairs

6 Enforcement and Removal Operations Operational Divisions Defends public safety and national security by seeking the departure from the United States of all removable aliens through the fair enforcement of the nation s immigration laws

7 Homeland Security Investigations Operational Divisions Investigates national security, financial and smuggling violations, including illegal arms exports, financial crimes, commercial fraud, human trafficking, narcotics smuggling, child pornography, child exploitation and immigration fraud

8 Office of Intelligence Operational Divisions Collects, analyzes and disseminates tactical and strategic intelligence information for use by ICE, DHS and federal, state and local law enforcement partners

9 Office of International Affairs Operational Divisions Interacts with the international community through investigations of immigration and customs violations, management of the Visa Security Program and the International Visitor's Program, and coordinating repatriation efforts

10 Homeland Security Investigations HSI investigations cover a broad range of areas, including national security threats financial and smuggling violations (including illegal arms exports) financial crimes commercial fraud/ipr investigations human trafficking narcotics smuggling child pornography/exploitation immigration fraud

11 Homeland Security Investigations ICE has 26 principal field offices throughout the United States and more than 50 international offices around the world.

12 OFFICE OF INTERNATIONAL AFFAIRS 54 OFFICES IN 42 COUNTRIES 4

13 IPR Center National Intellectual Property Rights Coordination Center

14 IPR Center National Intellectual Property Rights Coordination Center In 1998, the U. S. Customs Service (Customs) and the FBI were tasked to develop a uniform U.S. government response to the increasing threat of intellectual property crime. The National Intellectual Property Rights Coordination Center ( IPR Center ) was created in 2000 as a joint Customs FBI effort. July 10, 2008, ICE reorganized the IPR Center to coordinate member agency authorities against threats to public safety and national security posed by counterfeit, substandard and tainted products, and located at the new IPR Center.

15 IPR Center One Stop Shop Task Force Concept Led by ICE with Representatives from CBP, U.S. Postal Inspection Service, FBI, DOJ CCIPS, DOC and FDA OCI. The IPR Center works with IP industry and trade associations to identify and investigate IPR violations. It coordinates domestic and international IPR investigations and enforcement operations.

16 IPR Center The IPR Center - One Stop Shop Task Force Concept Initiates investigations; Prosecutes cases from the IPR Center; Provides analysis to ongoing investigations generated by both the IPR Center and field offices; Deconflicts leads among investigating agencies; Coordinates multi-jurisdictional investigations; and Conducts undercover operations.

17 Referring cases for Investigation to HSI ICE/DHS Tip line: DHS-2-ICE Contact the IPR Center: 1-(866)-IPR Contact the local SAC Office directly Full list of SAC Offices at

18 Some IPR Federal Laws 18 USC 542*: Entry of Goods by Means of False Statements 18 USC 545*: Smuggling goods into the United States 18 USC 982: Criminal Seizure - Substitute Assets 18 USC 981: Civil Seizure of Assets 18 USC 1956: Money Laundering 18 USC 2318*: Trafficking in Counterfeit Labels 18 USC 2319*: Criminal Infringement of a Copyright 18 USC 2320*: Trafficking in Counterfeit Goods or Services 19 USC 1304: Marking of Imported Articles and Containers (Country of Origin) * SUA for Money Laundering

19 What is counterfeited? Anything and everything that is desirable and will turn a profit, including designer goods, software, movies, automobile parts, electrical products, alcohol products pharmaceuticals... Even counterfeit packaging for the consumer products

20 How do Counterfeit Goods Enter the United States? Vessel Land Sea Air Passengers International mail INTERNET Smuggled

21 Border Search Authority ICE s border search authority is derived from federal statutes and regulations which states: All persons, baggage, merchandise, mail, packages, vessels, vehicles and aircraft arriving in the Customs territory of the United States from places outside thereof are liable to inspection by an ICE officer, unless exempt by diplomatic status.

22 What is the United States Government doing to combat IPR Crime?

23 An Week in the life of ICE and CBP IPR Enforcement ICE initiates an average of 21 new criminal investigations involving IP related crime. ICE and CBP make an average of 288 seizures of counterfeit goods valued at $5,230,000. ICE and CBP seize an average of $2,292,000 worth of counterfeit shoes and wearing apparel from China alone.

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27 Operation Guardian Initiated to target, interdict and investigate substandard, tainted, and counterfeit products being imported into the United States that pose a health and safety risk to consumers.

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29 Operation Guardian Thus far, Operation Guardian has resulted in the identification, detention, and seizure of tainted, counterfeit, and substandard commodity imports at various Ports of Entry: Contaminated shrimp/honey Counterfeit medical devices Building and manufacturing components (including counterfeit Underwriters Laboratory (UL) certificates and circuit breakers) Toys (lead paint/substandard) Counterfeit pharmaceuticals Melamine tainted goods

30 Counterfeit Electrical Goods A pre-holiday Guardian surge operation at 18 ports of entry, resulted in four seizures of substandard holiday lights with a domestic value of more than $441,000. The seized holiday light sets failed standard safety testing, indicating they would pose a fire or shock hazard.

31 Counterfeit Electrical Goods April 2008, SAC Newark seized 1,202,409 counterfeit AAA Duracell batteries with an MSRP of $480,964. Trial scheduled for late April Counterfeit battery from BBC article dated December 24, The battery exploded after being removed from a flashlight.

32 Substandard Batteries In March 2008, Pennsylvania Trooper responded to a fatal crash at night and used his department issued flashlight. While using the flashlight, the lithium batteries failed causing the flashlight to go out. Later, the Trooper heard a loud pop, the flashlight exploded, and set the Trooper s shirt ablaze. The lithium batteries were not the originals and had been purchased on the Internet.

33 Counterfeit Electrical Goods Guardian: Eight seizures of 1,935 counterfeit industrial circuit breakers with a MSRP of more than $3.3 million.

34 IPR Center - National Coordination Tainted Milk from China In September 2008, melamine tainted milk was identified as the cause of deaths in infants from China. On September 23, 2008, the IPR Center received information from the ICE Attaché Hong Kong concerning companies in China who were implicated in the melamine tainted milk scandal. Within 24 hours, the IPR Center identified shipments of potentially contaminated pre-made coffee and juice drinks manufactured by these companies destined (on the water) for Los Angeles and located in Newark, NJ.

35 IPR Center - National Coordination Tainted Milk from China Within 48 hours, ICE, CBP and FDA, applying their combined authorities, conducted an inspection at the Newark-based import company and detained juice drinks believed to be contaminated. Simultaneously, ICE, CBP and FDA placed holds on the shipments en route to L.A. When the shipments arrived, inspections were conducted and the allegedly contaminated pre-made coffee drinks were identified and detained. Samples of the shipments were tested by the FDA and determined to be tainted with melamine, resulting in the seizure of the goods.

36 Operation Pearly Whites SAC New York Overview In March 2007, a container of toothpaste (65,800 tubes) bearing the Colgate trademark was seized in Newark by CBP. Analysis of the toothpaste: No fluoride or flavor components. Four samples contained diethylene glycol, a component of antifreeze. According to the FDA, the level of diethylene glycol could pose health and safety risks to all consumers but primarily to individuals with compromised immune systems, children and infants.

37 Operation Pearly Whites Photographs of counterfeit toothpaste courtesy of Procter & Gamble Office of Investigations

38 Operation Pearly Whites SAC New York Details In May 2007, ICE and FDA initiated a joint investigation for smuggling counterfeit toothpaste. The investigation identified four companies; MABASS, INC., FATALA CORP., AFRO ATLANTIC CORP. and VIDTAPE, INC. of conspiring to smuggle and distribute counterfeit toothpaste to discount stores along the East Coast of the U.S. The investigation later determined that VIDTAPE, INC. resold the counterfeit toothpaste to stores in Canada.

39 Operation Pearly Whites SAC New York Results In August 2008, the owners of MABASS INC., AFRO ATLANTIC CORP., and FATALA Corp., all of whom were from Africa, pled guilty to trafficking in counterfeit merchandise. These defendants admitted to smuggling a combined total of over 500,000 tubes of counterfeit toothpaste into the U.S. beginning in In 2009, the six owners received sentences ranging from incarceration to probation, and payment of restitution, and two defendants are currently fugitives.

40 Counterfeit Computer Items Cisco Cases - (FY ) 44 cases were initiated with 79,100 seizures of components and labels valued at more than $78 million. ICE & CBP - 28 cases: 74,000 components and labels valued at $73 million. FBI - 15 cases: 36 search warrants; 3,500 components valued at $3.5 million. RCMP - 1 case: 1,600 components valued at $2 million.

41 Counterfeit CISCO Router

42 Operation Apothecary Initiated to target, interdict and investigate substandard, tainted, and counterfeit pharmaceuticals being purchased via the Internet and subsequently smuggled or imported into the United States through the mail or courier hubs.

43 Operation Apothecary Results ICE, CBP, FDA and the U.S. Postal Inspection Service participate in Operation Apothecary. Agents and officers working in the mail facility or express courier hub, target and examine packages suspected of containing counterfeit drugs. In FY 2008, ICE conducted 15 Apothecary enforcement surges. These surges resulted in the review of 19,588 packages and over 1,400 seizures or detentions of counterfeit pharmaceuticals and counterfeit labels.

44 Operation Apothecary Results In FY 2009, ICE has conducted 8 Apothecary enforcement surges that resulted in the examination of over 12,770 parcels. As a result of the exams, 1,461 parcels of counterfeit pharmaceuticals and/or counterfeit labels have been detained or seized. As of March 2009, more than 20 criminal cases were initiated against Internet pharmaceutical sites for the sale of counterfeit, adulterated and/or unapproved drugs.

45 How the Private Sector Can Help Educate Know the differences and what violations can be criminally prosecuted Know which states have comparable laws Report significant violations If you suspect that infringing merchandise is being imported in the U.S., contact the IPR Center or your local ICE office

46 How the Private Sector Can Help Register your copyrights with the Copyright Office. Register you trademarks with the Patent and Trademark Office. Record your trademarks and copyrights with CBP. Initiate civil action such as cease and desist orders on violators. Coordinate intelligence efforts with your appropriate trade association.

47 How the Private Sector Can Help Develop and utilize your own sources of information. Private investigators. Informants/cooperating sources. Other investigations. Industry & trade groups. Knowledge of previous Customs seizures.

48 National Intellectual Property Rights Coordination Center IPR Center Contacts: Address: 1-(866)-IPR Crystal Drive Suite 200 Arlington, VA 22202

49 Report suspicious activity: DHS-2-ICE