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This week, the U.S. Sentencing Commission, which has lacked a quorum for 3 years, released its annual compilation of federal sentencing statistics, the “sourcebook.” The Commission’s report includes statistics regarding the length of sentences imposed based on the type of offense, the demographics of the offender, the jurisdiction for prosecution, and other measures. The sourcebook also reports on appeal issues and sentence modifications and reductions. Among the most notable stats…

On March 10, 2022, the Department of Justice issued a press release announcing the appointment of a “Director for COVID-19 Fraud Enforcement,” a position that would head the DOJ’s criminal and civil enforcement actions relating to COVID-19 relief fraud. To date, the DOJ reports over $8 billion in alleged fraud, including PPP and EIDL loan fraud and unemployment insurance fraud….

Regarding PPP and EIDL loan fraud, the DOJ announced that “approximately 500 defendants have been charged in over 340 cases with alleged intended losses of over $700 million.” The DOJ also claims to have seized over $1 billion in EIDL loan fraud proceeds. Regarding unemployment insurance fraud, the DOJ announced that “over 430 defendants have been charged and arrested for federal offenses related to UI fraud.”

The DOJ has issued a new memo intended to prevent US Attorneys Offices from requiring defendants to waive their right to file for compassionate release as part of their plea agreements. The practice, common in some jurisdictions, had come under fire after a recent NPR article and criticism from advocacy groups.

As the U.S. House held a hearing on criminal issues, including the applicability of the First Step Act and Compassionate Release during the COVID-19 pandemic, outgoing BOP director Michael Carvajal submitted written testimony. Director Carvajal noted that the BOP has started to award earned time credits to inmates, resulting in several hundreds being released. Most were transferred to supervised release or pre-release custody such as halfway houses. Director Carvajal also stated the BOP would be applying time credits “towards supervised release for the sentences of over 4,900 inmates.” Director Carvajal further stated that, since March 26, 2020, the BOP has released more than 37,000 inmates to community custody or home confinement, though only 9,000 of those inmates were transferred “directly pursuant to the authority granted by the CARES Act.” He also reported that the BOP is aware of 4,025 compassionate release motions being granted by courts since passage of the First Step Act, with the vast majority (3,851) coming during the pandemic. Finally, Director Carvajal reported that 1,177 inmates have been released under the Elderly Offender Home Detention Program.

Last week, the Department of Justice announced a new effort to target and prosecute “domestic terrorism” cases” by establishing a new unit within its National Security Division. Since there is no specific law criminalizing “domestic terrorism,” as there is international terrorism, the new unit will likely investigate and prosecute offenders under federal laws aimed at protecting government property, prohibiting unusual weapons, interstate threats, firearm offenses, arson, and hate crimes.

Justice Sotomayor, joined by Justice Barrett, issued a statement regarding the denial of certiorari in a case addressing the circuit split over the proper definition of “controlled substance offense”under the career offender sentencing guidelines. The justices were critical of the fact that “the Sentencing Commission has not had a quorum for three full years,” highlighting the “direct and severe consequences for defendant’s sentences” absent a functioning Commission.

In significant news to sentencing reform advocates, the Department of Justice recently announced a new rule interpreting the First Step Act’s provision on “earned time credits,” which allow inmates to earn sentence reductions by completing certain programs. Under the new rule, eligible inmates can earn up to 10 days of “time credits” for every 30 days of “successful participation in evidence-based recidivism reduction programming or productive activities.” Certain inmates are not eligible, including sex offenders, deportable inmates, and inmates with convictions for violent crimes or under 924(c).

BOP Director Michael Carvajal has announced his resignation and will remain interim director until a new one is nominated. The announcement comes after a series of scandals, including an AP investigation that detailed widespread abuse and criminal conduct by BOP employees.

In a new memo issued late in December, the DOJ reversed its prior position regarding what will happen to federal inmates on home confinement when the pandemic ends. Under the DOJ’s latest guidance, the BOP will keep inmates on home confinement after the emergency period under the CARES Act ends rather than send them back to prison. Now, inmates will only be sent back “where penologically justified.”

reported by NPR, a group of lawmakers in the House of representatives are proposing a new law that would transform the federal clemency process. Whereas clemency petitions are currently reviewed and adjudicated by the Department of Justice, the new law would create an independent clemency board for people convicted of federal crimes. The bill, known as the FIX Clemency Act, would create a 9-member board whose members are appointed by the President.