Senator MCCLELLAN. Mr. Chairman, I want to thank you and the members of the committee for your many courtesies this morning. Again, I say I know you are just as dedicated as I am. You want to do in this field what is necessary to be done that we can do properly and constitutionally. Thank you very much. The CHAIRMAN. Our next witness is the Honorable Charles Bennett, U.S. Representative in Congress from the State of Florida. STATEMENT OF HON. CHARLES E. BENNETT, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. BENNETT. After the excellent statement made by the Senator I would like to submit a statement for the record and say one of the reasons why I am primarily interested in the matter is the revelations of the recently constituted Crime Committee that reveals there is now in Miami something we might call the Cuban Mafia which is bringing drugs into this country in a very great degree. My testimony points out how similar activity in New York has spread throughout the country. We want to stop this. Miami feels this bill would be helpful to us. I would like to submit my statement for the record. Thank you, sir. The CHAIRMAN. Thank you very much. (The statement referred to follows:) STATEMENT OF HON. CHARLES E. BENNETT, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. Chairman, I appreciate the opportunity to appear before the Committee, hearing testimony on H.R. 15507, my bill introduced on January 29, 1970, which would assist in stamping out organized crime in America. My legislation is identical to the bill authored by Senator McClellan, which passed the Senate January 23, 1970 by a vote of 73 yeas and 1 nay. Reducing the amount of crime in the United States is the domestic problem which the government should give number one priority to in 1970 and 1971, according to a Gallup poll released last week. We are all very concerned with the rising crime rate, particularly the continued domination by organized crime, and I believe the federal government should be given all the necessary and proper tools to combat this threat to our citizens. I have been a sponsor and supporter of the far reaching legislation to halt crime reported from this Committee in recent Congresses, including the Law Enforcement Assistance Act of 1965 and the Omnibus Crime Control and Safe Streets Act of 1968. The Organized Crime Control Act we are discussing today will add to these strong laws, and hopefully, reverse the crime rate, which increased 11 percent in 1969 over 1968. Hearings held by the House Select Committee on Crime, established by a resoIntion I was pleased to co-sponsor with my colleague from Florida, Claude Pepper, indicate that strong measures included in the Organized Crime Control Act are needed to help curtail the narcotics traffic in our nation. It was brought out in hearings by the Crime Committee last December that 50 to 70 percent of all the traffic in the drug cocaine comes through the Miami, Florida port and it is directed by elements of organized crime. The supervisory agent for the Miami regional headquarters of the Bureau of Narcotics and Dangerous Drugs, Dennis Dayle, told the Crime Committee: "While the percentage of criminals in the Cuban community in south Florida is relatively small, it is well established and perpetuated by the planning and organization usually associated with the activities of the Mafia." Mr. Dayle reported that there is close connection between the "Italian Mafia" and the "Cuban Mafia". "As the Italian Mafia has more often than not victimized its own ethnic group, so have we seen the Cuban Mafia prey upon the Cuban community," Dayle said. "As the Italian Mafia migrated first to the New York area and then invaded other parts of the United States, so have we seen the Cuban Mafia migrate to Miami and then permeate other parts of the country with their presence and their activities of crime and violence. As we have seen the Italian Mafia invest its ill-gotten gains in legitimate business, so also do we see the hierarchy of the Cuban Mafia infiltrating many avenues of both legitimate industry and business." Mr. Chairman, I have used this one example of the illicit traffic in cocaine in south Florida, brought out by the House Crime Committee, to show a need to further strengthen the laws of our land to get rid of organized crime. President Nixon said in a message to Congress last year: "It is vitally important that Americans see this alien organization (Cosa Nostra) for what it is— a totalitarian and closed society operating within an open and democratic one. It has succeeded so far because an apathetic public is not aware of the threat it poses to American life." Organized crime strikes at the basic roots of our society. It is a monster which must be eliminated. I believe the legislation being considered by the Committee is the vehicle to rid our land of this scourge, and I hope it will be speedily reported to the full House of Representatives. Thank you for this opportunity to testify on my bill, H.R. 15507. The CHAIRMAN. The next witness is the Honorable Dante B. Fascell, a Representative in Congress from the State of Florida. His statement will be placed in the record at this point. (The statement referred to follows:) STATEMENT OF HON. DANTE B. FASCELL, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Mr. Chairman and Members of this distinguished Subcommittee. I am thankful for the opportunity to appear this morning to testify on two crucial legislative proposals. I fully support the provisions of S. 30 and respectfully urge this Subcommittee to give that measure its favorable consideration. S. 30 contains vital evidence-gathering and substantive provisions which for too long have been neces sary but unavailable weapons in the efforts against organized crime. As a firm indication of my support for this measure I introduced H.R. 16134 which virtually duplicates S. 30, except for slight modifications of Title 10 clarifying the review procedures under the sentencing provision. I should like to direct my testimony primarily to H.R. 16133 which I believe is a necessary concomitant of S. 30 and other organized crime control measures before this Subcommittee. H.R. 16133 seeks to achieve three fundamental improvements in the overall effort against organized crime. First, it institutes, under the auspices of the Law Enforcement Assistance Administration, a permanent training program for Federal, State and local prosecuting attorneys engaged in organized crime prosecutions. Second, it authorizes and directs the Attorney General to call an annual conference on organized crime. Third, it directs the Attorney General to submit an annual report on organized crime in the United States. Regarding the bill's first section, it can be said in all fairness that the one key member of the criminal justice system whose training needs have been neglected is the prosecutor. In its Task Force Report on The Courts, the President's Crime Commission stated that "There has been deplorable inattention to the development of curricula and training techniques in the investigative, administrative, and broader law enforcement policy roles played by the prosecutor." Passage of the Omnibus Crime Control and Safe Streets Act of 1968, with its attendant benefits to State and local governments, has not resulted in an upgrading of training opportunities for prosecutive personnel. An analysis by the National District Attorneys Association of all comprehensive State law enforcement plans submitted to the Law Enforcement Assistance Administration for Fiscal Year 1969 reveals that 37 of the 50 States devoted 1% or less of their allotted funds for prosecution-related programs. At the Federal level, the Department of Justice has no comprehensive training program, national or regional, for its attorneys. especially those who serve as Assistant U.S. Attorneys in the Department's 93 field offices. This was established in a 1969 evaluation of the Department's personnel management conducted by the Civil Service Commission. Few areas of prosecution make the great demands on the resources, ingenuity and wits of the prosecutor as does organized crime. Decisions by organized crime figures to engage in an illegal or legal venture may be implemented by persons far removed, in terms of geography and hierarchy, from the decision-makers. Moreover, the venture may result in the commission of violations proscribed by criminal, civil and administrative laws and regulations. All of this underscores the clear fact that an organized crime prosecution is often not based merely on the satisfaction of the cardinal elements of a specific crime. The fashioning of applicable legal theories is usually only half the battle in these cases. Discovery and elicitation of favorable, or even relevant, testimony may be a task which strains the capabilities of even the most experienced prosecutor. Our law schools, unfortunately, place little or no emphasis on the intricacies and nuances of these prosecutions. And so, our primary reliance, at this point, seems to be upon on-the-job prosecutor training, accompanied by inadequate overall evaluations. But more than an improvement of the prosecutor's capabilities against organized crime may be achieved by enactment of this bill. By attending a common training program. Federal, State and local prosecutors may establish a rapport upon which cooperative relationships may be fostered. Moreover, a permanent training program in the organized crime field will enhance career opportunities and incentives to our prosecutors and thereby diminish the high turnover rates among our prosecutive personnel. For these reasons, I believe the establishment of a permanent training program for organized crime prosecutors is vital to the overall effort. Section 2 of H.R. 16133, which calls for an annual conference of Governmental officials on organized crime, will hopefully assure a continuing dialogue on this subject and stimulate a greater interchange of ideas. There is no reason why such conferences cannot achieve the same results, in terms of public support and legislative actions, that were obtained from a similar conference held in 1950 by then Attorney General Howard McGrath. However, an annual conference of Governmental officials on organized crime may not be enough to increase and maintain public awareness about that phenomenon. For that reason, Section 3 of this bill directs the Attorney General to annually submit a report on organized crime in the United States. In the form of a white paper, the annual report could assure continued public disclosure of organized crime manifestations and of progress of efforts against it. The report will also have the desirable effect of increasing public support for the Governmental response to organized crime. I am pleased to inform this Subcommittee that H.R. 16133 has received broad organizational support from the private sector. I wish to incorporate at the conclusion of my statement and in the record of these hearings the endorsement letters I have received from the following organizations: National District Attorneys Association; National Council on Crime and Delinquency; International Association of Chiefs of Police, Inc.; International Narcotic Enforcement Officers Association, Inc.; and In addition, I wish to incorporate in my statement and in the record letters of endorsement from various organizations and individuals concerned with improving our efforts against organized crime. I strongly urge the Subcommittee to act favorably on this measure, and thank you for the opportunity to appear this morning. I will be glad to answer any questions you may have. NATIONAL DISTRICT ATTORNEYS ASSOCIATION, Hon. DANTE B. FASCELL, The subtleties that surround organized crime today can only be detected by an experienced, well-trained prosecuting attorney. Because of the condition of the office of the prosecuting attorney today, in many jurisdictions, the experienced or well-trained prosecutor is not available to pierce that front. If we stop and think of the tremendous amount that organized crime costs the citizens of this country in relation to other miscellaneous crimes, the figure is generally so high that most people do not believe it. We are delighted to offer the full resources of this Association and its experienced members to assist you in your efforts in your fight against organized crime. Yours very truly, PATRICK F. HEALY, Executive Director. NATIONAL LEAGUE OF CITIES, Washington, D.C., March 14, 1970. Hon. DANTE FASCELL, U.S. Congress, House Office Building, DEAR CONGRESSMAN FASCELL: The National League of Cities believes your bill, H.R. 16133, to establish a national training program for organized crime prosecutors would be a valuable aid to local governments in improving their efforts against organized crime. Currently, individual local governments do not have sufficient expertise to provide prosecutors necessary training in the highly exacting field of organized crime prosecution. A prosecutors training school run through the Law Enforcement Assistance Administration and focusing on organized crime could combine the best experience in organized crime prosecution in the country in one place and thus make this total experience available to all, greatly increasing the skill and competence of organized crime prosecution efforts across the country. We also believe that the provision directing the Attorney General to call annual conferences on organized crime will substantially improve coordination in, and perhaps more important, public recognition for, the organized crime effort. The National League of Cities will support your efforts to secure enactment of this legislation. We compliment your initiative in proposing it. Sincerely, Hon. DANTE FASCELL, PATRICK HEALY, Executive Vice President. NATIONAL COUNCIL ON CRIME AND DELINQUENCY, DEAR CONGRESSMAN FASCELL: At the suggestion of Hugh DeFazio (former NCCD staff member now with the National Association of Blue Shield Plans), I am pleased to offer the following comments on the bill introduced by you, H.R. 16133, to provide a training program for organized crime prosecutors. In our judgment, the bill is a desirable one. In authorizing the Law Enforcement Assistance Administration to conduct training programs for federal, state and local officers on the subject of organized crime, it selects one of the major crime issues for its focus. Bringing together federal, state, and local prosecutors should engender needed trust and cooperation. The means used are calculated to make the program effective-both the use of LEAA and the makeup of the advisory committee. Sincerely, MILTON G. RECTOR, Direltor. INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, INC., Hon. DANTE B. FASCELL, U.S. House of Representatives, Washington, D.C. DEAR CONGRESSMAN FASCELL: We have reviewed your Bill H.R. 16133 to provide a training program for organized crime prosecutors, an annual conference on organized crime, and an annual report by the Attorney General. In my opinion, the passage of this Bill would have substantial impact on the Nation's effort against organized crime. We feel that the Law Enforcement Assistance Administration has made a useful and imaginative beginning, and we think that your Bill would accelerate greatly the criminal justice system's response to organize crime. DEAR MR. FASCELL: Thank you for your recent letter advising us of your proposed legislation H.R. 16133. This bill has been reviewed by our Legislative Committee and it was the unanimous opinion of the Committee to support your bill. We feel that one of the most effective means of providing the necessary force to combat Narcotic trafficking is to provide the training provided by your bill. Furthermore, we all agree that this training should be part of a permanent program. We also support the other features of your bill, providing for annual conferences and reports to encourage the perpetual interest of Enforcement Officers and to keep them informed of the progress, of so vital a program. Please be assured of our continued interest and cooperation. We are further interested in serving on the proposed National Advisory Committee. Sincerely, JOHN J. BELLIZZI, Executive Director. INTERNATIONAL CONFERENCE OF POLICE ASSOCIATIONS, Hon. DANTE B. FASCELL, DEAR MR. FASCELL: The International Conference of Police Associations appreciates your letter and copy of your bill, H.R. 16133, a bill to provide a training program for organized crime prosecutors, an annual conference of Federal, State, and local officials in the field of organized crime, an annual report by the Attorney General on organized crime. We endorse your bill and are so advising the Chairman on the Committee on Judiciary, House of Representatives. However, we would like to offer an amendment on page (3), line (7), after the words "law schools" strike out "and". after the word "universities" exchange period to comma and insert the following and an officer of the I.C.P.A." The International Conference is composed of independent associations of police officers representing all ranks in the law enforcement field with a combined membership in excess of 200,000. We are sure that we have the expertise and should be represented on the advisory committee to be set forth in your bill. sub-section (d), paragraph (1), which begins on page (2), line (18). We would appreciate an appointment with you and/or your legislative representative to discuss our proposal in more detail. Respectfully yours, JOHN L. SULLIVAN, Vice President, Chairman, Legislative Committee. 49-937-70-10 |