Gregory S. Gordon, Senior Trial Gregory S. Gordon, Senior Trial AttorneyAttorney

Office of Special InvestigationsOffice of Special Investigations Criminal DivisionCriminal Division

PURSUIT OF JUSTICE IN THE UNITED PURSUIT OF JUSTICE IN THE UNITED STATESSTATES

OVERVIEWOVERVIEW

Nazi War Criminals in the Nazi War Criminals in the United States United States

How did they enter the United How did they enter the United States?States?

How did the United States confront How did the United States confront this issue?this issue?

What solutions did the United States What solutions did the United States create to resolve this problem?create to resolve this problem?

How were these solutionsHow were these solutions implemented?implemented?

What are the resultsWhat are the results??

PRESENTATION PRESENTATION ELEMENTSELEMENTS

Brief discussion of the issueBrief discussion of the issue

Receive a list of questions related to the Receive a list of questions related to the issueissue

Provide answers and receive feedbackProvide answers and receive feedback

Video ClipsVideo Clips

FIRST ISSUEFIRST ISSUE

How did Nazi How did Nazi

war criminals war criminals come come

into the into the

United States?United States?

Established in 1979, OSI’s mission is to detect, Established in 1979, OSI’s mission is to detect, investigate, and prosecute Nazi war criminals in investigate, and prosecute Nazi war criminals in

the United Statesthe United States

How many Nazi war criminals have How many Nazi war criminals have become United States residents?become United States residents?

OSI has opened 1,517 OSI has opened 1,517 investigations of Nazi war criminalsinvestigations of Nazi war criminals

in the United States in the United States

FOCUS FOCUS

WhyWhy did Nazi war criminals come did Nazi war criminals come to to

the United Statesthe United States

and and howhow did they get here did they get here? ?

Q&A Session Q&A Session 1.1. When World War II ended, approximately how many Europeans do you think When World War II ended, approximately how many Europeans do you think

found themselves outside their country?found themselves outside their country?

2.2. If you had been responsible for the United States policy on this issue, how many If you had been responsible for the United States policy on this issue, how many DP’s would you have allowed to emigrate the United States?DP’s would you have allowed to emigrate the United States?

3.3. Of that number, what percentage of them would you want to be Jewish? Why that Of that number, what percentage of them would you want to be Jewish? Why that percentage?percentage?

4.4. Should there be any preference for certain occupations of the DP’s? If so, which Should there be any preference for certain occupations of the DP’s? If so, which ones?ones?

5.5. Would you want to exclude certain categories of people?Would you want to exclude certain categories of people?

6.6. If so, what measures would you take to assure that the excluded categories did If so, what measures would you take to assure that the excluded categories did not get into the United States?not get into the United States?

7.7. Outside of the people living in the DP camps, how might Nazi War Criminals have Outside of the people living in the DP camps, how might Nazi War Criminals have gotten into the United States?gotten into the United States?

Post-Q&A DiscussionPost-Q&A Discussion

Paths to the United Paths to the United States:States:

The DPA and the The DPA and the Immigration RouteImmigration Route

Operation PaperclipOperation Paperclip MarriageMarriage Using a False NameUsing a False Name

HOW IT BEGAN…….HOW IT BEGAN…….

In 1946, President In 1946, President Truman Truman

recommended that recommended that Congress Congress amend the amend the

immigration laws to immigration laws to enable 200,000 enable 200,000

refugees refugees to come to America to come to America regardless of quotasregardless of quotas

The Displaced Person’s Act The Displaced Person’s Act of 1948of 1948

PPub. L. No. 80-774

Enacted to allow Enacted to allow 200,000 people 200,000 people

who were driven who were driven from their from their

homelands after homelands after World War II to World War II to emigrate to the emigrate to the United StatesUnited States

Operation PaperclipOperation Paperclip

MarriageMarriage

Using a False NameUsing a False Name

SECOND ISSUESECOND ISSUEFinding a solution for this Finding a solution for this

problemproblem

Q&A SessionQ&A Session1. What sector of the U.S. Government should have been concerned about 1. What sector of the U.S. Government should have been concerned about Braunsteiner’s presence in the United States? (remember OSI did not exist at thisBraunsteiner’s presence in the United States? (remember OSI did not exist at this point)point)

2. Could the United States have prosecuted Braunsteiner for her crimes? If not, why?2. Could the United States have prosecuted Braunsteiner for her crimes? If not, why? If so, under what law would she have been prosecuted?If so, under what law would she have been prosecuted?

4. Would it have been possible to take any other legal action against her?4. Would it have been possible to take any other legal action against her?

5. If any legal action had been possible, what should have been the standard of proof? 5. If any legal action had been possible, what should have been the standard of proof? Why?Why?

6. What should be the legal remedy? Why?6. What should be the legal remedy? Why?

7. Should any such action be prosecuted by local prosecutors or by a centralized7. Should any such action be prosecuted by local prosecutors or by a centralized national office? Why?national office? Why?

Post-Q&A DiscussionPost-Q&A Discussion

No criminal No criminal jurisdictionjurisdiction

Prosecute for Prosecute for immigration immigration violationsviolations

Centralized Centralized strategy, strategy, resources, and resources, and expertiseexpertise

Creation of OSICreation of OSI

Congresswoman Elizabeth Congresswoman Elizabeth HoltzmanHoltzman

THIRD ISSUETHIRD ISSUE

The InvestigationThe Investigation

Q&A SessionQ&A Session1. What do you think would be the primary way to detect Nazi war criminals in 1. What do you think would be the primary way to detect Nazi war criminals in

the United States?the United States?

2. What other ways can you think of?2. What other ways can you think of?

3. What would be the best way for the Government to collect evidence to make 3. What would be the best way for the Government to collect evidence to make its case?its case?

4. What is the most effective kinds of evidence in these cases?4. What is the most effective kinds of evidence in these cases?

5. Who would be the ideal person to find and collect this kind of evidence?5. Who would be the ideal person to find and collect this kind of evidence?

6. What barriers would exist in collecting this evidence?6. What barriers would exist in collecting this evidence?

The InterviewThe Interview

Types of EvidenceTypes of Evidence

1. Documents:1. Documents:

A. RostersA. Rosters

B. Bullet ReportsB. Bullet Reports

C. Immigration C. Immigration FilesFiles

2. Forensic Analysis2. Forensic Analysis

3. Survivor Accounts3. Survivor Accounts

Fourth IssueFourth Issue

ProsecutionProsecution

Q&A SessionQ&A Session1. What kind of case does it typically file to start the proceedings?1. What kind of case does it typically file to start the proceedings?

2. In what jurisdiction is the case filed?2. In what jurisdiction is the case filed?

3. If the case goes to trial, what must OSI prove?3. If the case goes to trial, what must OSI prove?

4. What is the burden of proof?4. What is the burden of proof?

5. Who are the witnesses at trial?5. Who are the witnesses at trial?

6. Is there a jury?6. Is there a jury?

7. Are there any other legal proceedings that OSI may be involved in?7. Are there any other legal proceedings that OSI may be involved in?

DenaturalizationDenaturalization

First stage in the litigation process for OSIFirst stage in the litigation process for OSI

Civil proceedingCivil proceeding

Burden: “clear, unequivocal and convincing Burden: “clear, unequivocal and convincing evidence” evidence”

No right to a jury trialNo right to a jury trial Initiated in the United States District CourtInitiated in the United States District Court Order may be appealed to the applicable United Order may be appealed to the applicable United

States Circuit Court and then to the United States States Circuit Court and then to the United States Supreme Court.Supreme Court.

Two Types of Two Types of Denaturalization ActionsDenaturalization Actions

ILLEGAL PROCUREMENTILLEGAL PROCUREMENT

Citizenship was illegally Citizenship was illegally procuredprocured

a. A requirementa. A requirement

for naturalization for naturalization was not was not met met

b. Typically this will b. Typically this will involve aninvolve an

invalid DPA visa invalid DPA visa

CONCEALMENT/CONCEALMENT/

WILLFUL MISREPRESENTATIONWILLFUL MISREPRESENTATION

a. Citizenship was procured by the a. Citizenship was procured by the

concealment or concealment or misrepresentation of a misrepresentation of a

material factmaterial fact

b. Occurs when the subject applies b. Occurs when the subject applies for for

citizenship (i.e., at the citizenship (i.e., at the naturalization phase) naturalization phase)

Deportation Deportation Second State of the litigation process for OSISecond State of the litigation process for OSI

Civil ActionCivil Action

Burden: “clear, unequivocal, and convincing Burden: “clear, unequivocal, and convincing evidence”evidence”

Right to appeal to immigration judge’s removal Right to appeal to immigration judge’s removal decision to the Board of Immigration Appeals decision to the Board of Immigration Appeals (“BIA”)(“BIA”)

Can seek review of final deportation order in Can seek review of final deportation order in United States Circuit Court United States Circuit Court

Can also seek review of the United States Circuit Can also seek review of the United States Circuit Court decision to the United States Supreme CourtCourt decision to the United States Supreme Court

Applicable Laws for Applicable Laws for DeportationDeportation

DPADPA RRARRA INA (“Holtzman INA (“Holtzman

AmendmentAmendment”)”)

Holtzman AmendmentHoltzman Amendment Holtzman Amendment is the most effective Holtzman Amendment is the most effective

means because:means because:

It requires the removal of any alien who “during the It requires the removal of any alien who “during the period beginning in March 23, 1933, and ending in May period beginning in March 23, 1933, and ending in May 8, 1945, under the discretion of or in association with 8, 1945, under the discretion of or in association with the Nazi Government of Germany [or one of its allies] . . the Nazi Government of Germany [or one of its allies] . . . ordered, incited, assisted, or otherwise participated in . ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, the persecution of any person because of race, religion, national origin, or political opinion.”national origin, or political opinion.”

Under the Holtzman Amendment, all persons are Under the Holtzman Amendment, all persons are rendered ineligible for suspension of deportation by the rendered ineligible for suspension of deportation by the Attorney General Attorney General

OSI RESULTSOSI RESULTS

The NumbersThe Numbers The SubjectsThe Subjects The RecognitionThe Recognition