Audit of Department of Justice's Key Indicators

Audit Report 08-18
March 2008
Office of the Inspector General


Appendix IV
DOJ Key Indicators

Terrorist Acts Committed by Foreign Nationals Against U.S. Interests within U.S. Borders – FBI

FBI headquarters is responsible for coordinating all counterterrorism investigations. The FBI must respond to terrorist acts that may include acts with chemical, biological, radiological, explosive, and nuclear materials. As stated in the PAR, this key indicator counts the number of “separate incidents that involve the ‘unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.’ (28 C.F.R. Section 0.85).” The PAR explains that for the purposes of this indicator “the FBI defines a terrorist act as an attack against a single target....” whereas, “A terrorist incident may consist of multiple terrorist acts.” FBI management maintains the documentation of terrorist acts committed by foreign nationals within U.S. borders for this key indicator.

Number of Organized Criminal Enterprises Dismantled - FBI

According to the PAR, the FBI’s Organized Criminal Enterprise Program focuses “on criminal enterprises involved in sustained racketeering activities and that are mainly comprised of ethnic groups with ties to Asia, Africa, Middle East, and Europe....” Organized criminal enterprise investigations “target the entire entity responsible for the crime problem.” The PAR defines dismantlement as “destroying the targeted organization's leadership, financial base, and supply network such that the organization is incapable of operating and/or reconstituting itself.” The FBI uses its Integrated Statistical Reporting and Analysis Application database to collect data on the number of dismantled organized criminal enterprises.

Number of Child Pornography Websites or Web Hosts Shut Down ‑ FBI

The FBI works with many organizations to fight child pornography. The Innocent Images National Initiative is a component of the FBI's Cyber Crimes Program and its mission “is to identify, investigate, and prosecute sexual predators who use the Internet and other online services to sexually exploit children; identify and rescue child victims; and establish a law enforcement presence on the Internet as a deterrent to subjects who seek to exploit children.” Data for this key indicator is collected by the FBI’s Cyber Crimes Program personnel.

Percent of High-Crime Cities, with an ATF Presence, Demonstrating a Reduction in Violent Firearms Crime – ATF

The ATF defines high crime cities, in the PAR, as those “that have 1,000 or more murders, assaults, or robberies per 100,000 population. The ATF presence is defined as the existence of an ATF field or satellite office in the identified city.” The ATF uses data from the FBI’s Uniform Crime Report to measure this key indicator. This key indicator was discontinued, and therefore, was not included within the scope of this audit.

DOJ's Reduction in the Supply of Illegal Drugs Available for Consumption in the U.S. – ADAG/Drugs

As stated in the PAR, “DOJ’s strategy focuses on incapacitating entire drug networks by targeting their leaders for arrest and prosecution, by disgorging the profits that fund the continuing drug operations, and eliminating the international supply sources.” This key indicator is a long‑term measure, currently in process of establishing a baseline, and therefore, was not included within the scope of this audit.

Consolidated Priority Organization Target-Linked Drug Trafficking Organizations Disrupted and Dismantled - FBI, DEA, OCDETF

This key indicator focuses on disrupting and dismantling organizations linked to organizations on the CPOT List. According to the PAR, “The [CPOT] List identifies the most significant international drug trafficking and money laundering organizations and those primarily responsible for the Nation’s drug supply.” As stated in the PAR, “An organization is considered linked to a CPOT, if credible evidence exists... of a nexus between the primary target of the investigation and a CPOT target.” The PAR defines disruptions as “impeding the normal and effective operation of the targeted organization, as indicated by changes in the organizational leadership and/or changes in methods of operation....” and defines dismantled as “destroying the organization's leadership, financial base and supply network such that the organization is incapable of operating and/or reconstituting itself.”

Value of Stolen Intellectual Property - FBI

This key indicator measures intellectual property rights violations, including copyright violations, theft of trade secrets, and software piracy. Data for this key indicator was provided by industry sources, such as the Motion Picture Association of America and the Recording Industry Association of America. This key indicator was discontinued as of September 30, 2006, and therefore, was not included within the scope of this audit.

Number of Top‑Ten Internet Fraud Targets Neutralized - FBI41

In the PAR, the FBI defines Internet fraud as “any scam that uses one or more components of the Internet to present fraudulent solicitations to prospective victims, conduct fraudulent transactions, or transmit the proceeds of fraud to financial institutions or others that are connected with the scheme.” This key indicator is measured by the number of high-impact targets neutralized. The IC3 defines high-impact Internet fraud targets using the following criteria: (1) total dollar loss exceeds $100,000 (including all complaints within a case); (2) an international nexus; (3) crimes may include white-collar crime related fraud, such as economic crime, financial institution fraud, money laundering scheme, and pharmaceutical fraud; (4) phishing attack or identity theft; and (5) a high volume of victims. The IC3 maintains the data for this key indicator.

Number of Criminal Enterprises Engaging in White-Collar Crimes Dismantled - FBI

The FBI’s White-Collar Crime Program investigates white-collar crimes, which defined in the PAR include “health care fraud, financial institution fraud, government fraud (e.g., housing, defense procurement, and other areas), insurance fraud, securities and commodities fraud, telemarketing fraud, bankruptcy fraud, environmental crimes and money laundering.” The PAR defines dismantlement as “destroying the organization's leadership, financial base, and supply network such that the organization is incapable of operating and/or reconstituting itself.” The FBI’s Integrated Statistical Reporting and Analysis Application collects data on the number of dismantled organized criminal enterprises engaging in white-collar crimes.

Percent of Cases Favorably Resolved – EOUSA and the Litigating Divisions

This key indicator includes the Executive Office for United States Attorneys and the following six DOJ litigating divisions: (1) Environment and Natural Resources Division, (2) Antitrust Division, (3) Criminal Division, (4) Tax Division, (5) Civil Division, and (6) Civil Rights Division. As stated in the PAR, “Cases favorably resolved includes those cases that resulted in court judgments favorable to the government, as well as settlements.” Data for this key indicator is collected by the U.S. Attorneys’ and each of the litigating divisions’ case management systems and is consolidated by JMD Budget Staff.

Percent of Assets/Funds Returned to Creditors for Chapter 7 and Chapter 13 – USTP

As stated in the PAR, the USTP “ensures that parties comply with the law and that bankruptcy estate assets are properly handled.” Specifically, “Chapter 7 bankruptcy proceedings are those where assets that are not exempt from creditors are collected and liquidated (reduced to money).... In Chapter 13 cases, debtors repay all or a portion of their debts over a three to five year period.” The focus of this key indicator is to calculate the percentage of assets and funds returned to creditors for bankruptcies filed under Chapter 7 and Chapter 13.

Reduction in Recidivism Rate from 2 percent in FY 2004 to 1.5 percent in FY 2008 for the Population Served by the Re-Entry Initiative – OJP

As stated in the PAR, the Serious and Violent Offender Re-entry Initiative includes juveniles and adults and “provides funding to state correction departments to develop, implement, enhance, and evaluate re‑entry strategies that will ensure the safety of the community and the reduction of revocation by serious and violent criminals.” OJP defines recidivism as “criminal acts committed by offenders from the target population that result in conviction, or return to prison with or without a new sentence.” Data for this key indicator was collected from grantees. This key indicator was discontinued as of September 30, 2006, and therefore, was not included within the scope of this audit.

Reduction of Homicides per Site Funded Under the Weed and Seed Program – OJP

As stated in the PAR, “The Community Capacity Development Office’s Weed and Seed program strategy assists communities in establishing strategies that link federal, state, and local law enforcement and criminal justice efforts with private sector and community efforts.” Specifically, the Weed and Seed program “weeds out” the crimes in the community and “seeds” the community with enhancement programs. The data for this key indicator is collected from the grantees.

Percent Increase in Regional Information Sharing Systems Inquiries ‑ OJP

As stated in the PAR, “OJP’s Regional Information Sharing Systems program is a nationwide communications and information-sharing network that serves more than 7,000 law enforcement member agencies....” This key indicator measures the number of inquiries, in the Regional Information Sharing Systems center criminal intelligence database. This key indicator was discontinued as of September 30, 2006, and therefore, was not included within the scope of this audit.

Percent Reduction in DNA Backlog – OJP

As stated in the PAR, “The DNA Backlog Reduction program exists to reduce the convicted offender DNA backlog of samples (i.e., physical evidence taken from a convicted offender, such as blood or saliva samples) awaiting analysis and entry into the FBI’s Combined DNA Index System (CODIS).” This key indicator measures the percent reduction of both the convicted offender DNA backlog and the casework backlog, which includes analyzing and entering evidence from cases into CODIS.

Number of Participants in the Residential Substance Abuse Treatment Program – OJP

As stated in the PAR, the Residential Substance Abuse Treatment program is a formula grant that provides funds for implementing the following programs:

The data for this key indicator is collected from the grantees.

Increase in the Graduation Rate of Drug Court Program Participants ‑ OJP

As described in the PAR, “The drug court movement began as a community-level response to reduce crime and substance abuse among criminal justice offenders. This approach integrated substance abuse treatment, sanctions, and incentives with case processing to place non‑violent drug-involved defendants in judicially supervised rehabilitation programs.” The data for this key indicator is collected from the grantees.

Number of Judicial Proceedings Interrupted Due to Inadequate Security – USMS

As described in the PAR, “The USMS maintains the integrity of the judicial security process by: (1) ensuring that each federal judicial facility is secure ‑ physically safe and free from any intrusion intended to subvert court proceedings; (2) guaranteeing that all federal, magistrate, and bankruptcy judges, prosecutors, witnesses, jurors, and other participants have the ability to conduct uninterrupted proceedings; (3) maintaining the custody, protection, and safety of prisoners brought to court for any type of judicial proceeding; and (4) limiting opportunities for criminals to tamper with evidence or use intimidation, extortion, or bribery to corrupt judicial proceedings.” An interruption of a judicial proceeding is defined as either removal of a judge from a courtroom or the addition of the USMS Deputy Marshals to control a situation. Data for this key indicator is collected from the USMS Use of Force Reports and from weekly reports that detail any major occurrences.

Federal Fugitives Cleared or Apprehended – USMS

As stated in the PAR, “The USMS has primary jurisdiction to conduct and investigate fugitive matters involving escaped federal prisoners, probation, parole, bond default violators, warrants generated by DEA investigations, and certain other related felony cases.” Additionally, “Fugitives Cleared consists of those cases that the USMS has successfully completed all aspects of closure and has removed from the active and outstanding records.” The USMS Warrant Information Network maintains the data for this key indicator.

Per-Day Jail Costs – OFDT

As described in the PAR, “DOJ acquires detention bed space to house pretrial detainees through reimbursable Intergovernmental Agreements with state and local governments and contracts with private vendors.” The OFDT uses information from the USMS Prisoner Tracking System to calculate the per‑day jail cost. The per‑day jail cost is the weighted average of the “actual price paid (over a 12‑month period) by the USMS to house federal prisoners in non‑federal detention facilities.”

Number of Escapes during Confinement in Federal Detention – OFDT

This key indicator measures the number of detainees that escape from a federal detention facility. Data for this key indicator is collected in the USMS Warrant Information Network. This key indicator was discontinued as of September 30, 2006, and therefore, was not included within the scope of this audit.

Rate of Assaults in Federal Detention - OFDT

A federal detainee may need to be held at a state or local facility and may be combined with other individuals detained in that facility. At times, combining detainees can cause problems. If an incident occurs, the Jail Inspector completes a Detention Facility Investigative Report. This report is used to measure the rate of assaults for federal detainees in non‑federal facilities. This key indicator was discontinued as of September 30, 2006, and therefore, was not included within the scope of this audit.

System-wide Crowding in Federal Prisons – BOP

As stated in the PAR, “System-wide [crowding] represents all inmates in BOP facilities and all rated capacity, including secure and non-secure (minimum security) facilities, low, medium, and high security levels, as well as administrative maximum, detention, medical, holdover, and other special housing unit categories.” This key indicator is measured as the ratio of inmates held compared to the capacity of the facilities. Data for this key indicator is collected from several computer systems, the BOP’s online SENTRY system, and a population forecast model.

Escapes from Secure BOP Facilities – BOP

This key indicator only measures escapes from secure BOP facilities, which are administrative institutions and low, medium, and high security institutions. Data for this key indicator is collected from the BOP’s Significant Incident Reports completed by the institutions.

Comparative Recidivism Rates for FPI Inmates versus Non-FPI Inmates – FPI, BOP

The BOP defines recidivism as “a tendency to relapse into a previous mode of behavior, such as criminal activity resulting in arrest and incarceration.” As stated in the PAR, “The Federal Prison Industry’s (FPI) goal of reducing recidivism is to provide inmates with the opportunity to become productive, law-abiding citizens after release, through the development of basic work ethics and job skills training.” The BOP’s Office of Research and Evaluation receives and analyzes the data for this key indicator.

Rate of Assaults in Federal Prisons (Assaults per 5,000 Inmates) ‑ BOP

For this key indicator, “Assaults include both ‘inmate on inmate’ and ‘inmate on staff’ assaults, as well as both serious (100 level) and less serious (200 level) assaults.” A serious assault is an assault resulting in major bodily injury or death, while a minor assault does not result in major bodily injury. Data for this key indicator is collected from the BOP’s online SENTRY system, and the Chronological Disciplinary Reports.

Inspection Results – Percent of Federal Facilities with American Correctional Association Accreditations – BOP

According to the PAR, the BOP “strives to maintain facilities that meet the accreditation standards of several professional organizations.” BOP institutions are required to renew their ACA accreditation every 3 years, although institutions must be accredited within their first 2 years. Therefore, an institution that is under 2-years old is not required to be accredited and therefore, does not count toward this key indicator. The BOP receives an electronic report from the ACA outlining the accreditation results.

Percent of EOIR Priority Cases Completed Within Established Time Frames – EOIR

According to the PAR, “The EOIR’s mission is to be the best administrative tribunal possible, rendering timely, fair, and well considered decisions in the cases brought before it.... Included in this context are the timely grants of relief from removal in meritorious cases, the expeditious removal of criminal and other inadmissible aliens, and the effective utilization of limited detention resources.” Therefore, the EOIR has set priorities and timeframes for the following proceedings: “court cases involving criminal aliens, other detained aliens, and those seeking asylum as a form of relief from removal; and adjudicative time frames for all appeals filed with the BIA [Board of Immigration Appeals].” The data for this key indicator is collected in the EOIR’s case tracking system, the Automated Nationwide System for Immigration Review.



Footnotes
  1. In the FY 2006 PAR examined by our audit, the key indicator was titled, “Number of Top‑Ten Internet Fraud Targets Neutralized.” However, the key indicator was revised in the 2008 Budget and Performance Summary to the “Number of High-Impact Internet Fraud Targets Neutralized.”



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