Hospitals & Asylums

Attorney General v. US Marshall HA-3-7-17

By Anthony J. Sanders

A. The Office of the federal Attorney General was created in the Judiciary Act of 1789. The U.S. Department of Justice was founded by the 1870 Act to Establish the Department of Justice.. The Department’s FY 2018 Discretionary Budget request totals $27.7 billion, including $25.8 billion for federal programs, and a net $1.9 billion for state, local, and tribal colonialism, that is not precisely explained in the spending totals. $27.7 billion FY18 is less than the FY 17 budget request. For the written portion the much improved FY 18 congressional budget request fails to explain outlays by agency under 31USC§101. For the mathematical portion the FY 18 summary of appropriations fails to make sense of the subtotal addition errors. DOJ does seem cognizant that scorekeeping credits are not a generally accepted accounting practice (GAAP) and there is now a distinct line between discretionary and mandatory portions of the budget for the purpose of estimating discretionary outlays. The total outlay estimate is thought to be accurate enough, although it cannot do justice to total budget authority until the FY 18 reports of the US Trustees, Antitrust Pre-merger Filing Fee and Asset Forfeiture Fund that are elaborated in the second table below using FY 17 figures that agreed with total budget authority estimates of the Department. The errors in the subtotals of the Justice Department are believed to be the result of, double jeopardy in the computer code, regarding computing copied tabulated figures whose digits must be entered manually for the Microsoft Office Word table equation to function without Perjury under 18USC§1621. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis.

Justice Department Summary of Appropriations FY 2016-17

(thousands)

Appropriation / FY 16 / FY 17 / FY 18 / Change FY 17-18
On-budget Total / 28,089,701 / 28,327,843 / 25,738,737 / -9.1%
General Administration total / 142,500 / 183,457 / 144,941 / -2.1
General Administration / 111,500 / 125,896 / 114,000 / -0.1
Justice Information Sharing Technology / 31,000 / 57,561 / 30,941 / -46%
Administrative Review and Appeals total / 559,808 / 477,551 / 572,241 / 19.8% or 1.1% annual since FY 16
Executive Office for Immigration Review / 416,283 / 424,151 / 498,407 / 17.5%
Transfer from Immigration Fees Account / 4,000 / 3,982 / 4,000 / 0.5%
Pardon Attorney / 6,508 / 9,293 / 4,960 / -46% or -11.9% annual since FY 16
Office of the Inspector General / 93,709 / 93,531 / 95,328 / 1.9%
Working Capital Fund (Rescissions) / -69,000 / -164,743 / -144,768 / -12.1%
U.S. Parole Commission / 13,308 / 14,000 / 13,283 / -5.1%
National Security Division / 95,000 / 97,337 / 101,031 / 3.8%
General Legal Activities total / 3,286,259 / 3,362,707 / 3,123,324 / -7.1%
Solicitor General / 11,885 / 11,928 / 11,916 / -0.1%
Tax Division / 106,979 / 114,135 / 106,858 / -6.4%
Criminal Division / 181,745 / 198,712 / 182,218 / -8.3%
Civil Division / 292,214 / 309,591 / 291,750 / -5.8%
Environmental & Natural Resource Division / 110,512 / 122,561 / 115,598 / -5.7%
Legal Counsel / 7,989 / 8,015 / 8,010 / -0.06%
Civil Rights Division / 148,239 / 155,621 / 148,125 / -4.8%
Interpol / 33,437 / 33,374 / 34,525 / 3.5%
Antitrust / 164,977 / 180,506 / 164,663 / -8.8%
U.S. Attorneys / 2,000,000 / 1,996,198 / 2,057,252 / 3.1%
U.S. Trustees / 225,908 / 229,717 / 225,479 / -1.8%
Foreign Claims Settlement Commission / 2,374 / 2,409 / 2,409 / 0%
U.S. Marshall's Service total / 3,050,981 / 3,216,949 / 3,364,865 / 4.6%
Salaries & Expenses / 1,230,581 / 1,228,242 / 1,252,000 / 1.9%
Construction / 15,000 / 14,971 / 14,971 / 0%
Federal Prisoner Detention / 1,454,414 / 1,451,815 / 1,536,000 / 5.8%
Rescission of Prior Year Balances / -195,974 / -24,000 / 0 / -100%
Community Relations Service / 14,446 / 14,419 / 14,419 / 0%
Assets Forfeiture Fund Current Budget Authority / 20,514 / 20,475 / 21,475 / 4.9%
Interagency Crime and Drug Enforcement / 512,000 / 511,027 / 526,000 / 2.9%
Federal Bureau of Investigation total / 8,718,001 / 8,702,428 / 8,579,477 / -1.4%
Salaries & Expenses / 8,489,786 / 8,474,800 / 8,722,582 / 2.9%
Rescission of prior year balance / -80,767 / -80,767 / -195,000 / 141%
Construction / 308,982 / 308,395 / 51,895 / -83%
Drug Enforcement Administration / 2,080,000 / 2,087,025 / 2,164,051 / 3.7%
Bureau Firearms & Explosives / 1,240,000 / 1,237,643 / 1,273,776 / 2.9%
Federal Prison System total / 7,478,500 / 7,466,978 / 6,756,943 / -9.5%
Salaries & Expense / 6,948,500 / 6,935,291 / 7,085,248 / 2.2%
Building & Facilities / 530,000 / 528,992 / 113,000 / -79%
Rescission of prior year balance / 0 / 0 / -444,000 / 100%
Federal Prison Industries / 2,700 / 2,695 / 2,695 / 0%
Office of Justice Programs / 1,770,960 / 1,795,016 / 1,257,300 / -30%
Research, Evaluation and Statistics / 116,000 / 117,776 / 111,000 / -5.7%
OJP Salaries and Expenses / [214,617] / [214,209] / [220,209] / 2.8%^
Juvenile Justice Programs / 270,160 / 269,646 / 229,500 / -15%
Funding within / 0 / 0 / [-92,000] / 100%
State and Local Law Enforcement Assistance / 1,408,500 / 1,431,325 / 940,500 / -34%
Public Safety Officers Benefits / 16,300 / 16,269 / 16,300 / 0.2%
OJP wide rescissions of prior year balance / -40,000 / -40,000 / -40,000 / 0%
Community Policing (Includes OJP programs) / 202,000 / 190,618 / 208,000 / 9.1%
Community Policing / 212,000 / 200,618 / 218,000 / 8.7%
COPS Salaries and Expenses / [37,374] / [37,303] / [37,303] / 0%
Rescission of prior year balance / -10,000 / -10,000 / -10,000 / 0%
Office of Violence against Women / 465,000 / 459,097 / 465,000 / 1.3%
Office of Violence against Women / 480,000 / 474,097 / 480,000 / 1.2%
OVF Funding within CVF / [-379,000] / [-379,000] / [-445,000] / 17.4%
Salaries & Expenses / [19,912] / [19,874] / [19,874] / 0%
Rescission / -15,000 / -15,000 / -15,000 / 0%
Subtotal Discretionary on-budget / 28,089,701 / 28,327,843 / 25,738,737 / -9.1%
Off-budget total / 19,338,870 / 19,576,311 / 17,324,561 / -11.5%
Fees Collections / 286,000 / 251,000 / 401,700 / 60%
Offset from Antitrust Pre-Merger Filing Fee / 124,000 / 128,000 / 112,700 / -11.9%
Offset from U.S. Trustee Fees and Interest on US Securities / 162,000 / 123,000 / 289,000 / 125%
Funds / 10,683,000 / 11,837,000 / 11,324,000 / -4.3%
Crime Victims Fund / 9,479,000 / 11,379,000 / 11,020,000 / -3.2%
Rescission / 0 / 0 / [-1,310,000] / 100%
Assets Forfeiture Fund / 1,204,000 / 458,000 / 304,000 / -34%
Mandatory and Other Accounts / 8,120,508 / 7,238,451 / 5,324,213 / -26%
Fees and Expenses of Witnesses (Mand.) / 270,000 / 270,000 / 270,000 / 0%
Independent Counsel (Permanent Indefinite) / 500 / 500 / 500 / 0%
Radiation Exposure Compensation Trust Fund (Mand.) / 65,000 / 65,000 / 50,000 / -23%
Public Safety Officers Death Benefits (Mand.) / 72,000 / 72,000 / 72,000 / 0%
Assets Forfeiture Fund (Permanent Budget Authority) / 1,975,275 / 1,378,756 / 1,380,013 / 0.09%
Anti-Trust Pre-merger Filing Fee Collections / 124,000 / 128,000 / 112,700 / -11.9%
Criminal Justice Information Service (FBI) / 433.000 / 433,000 / 433,000 / 0%
9/11 Victim Compensation Fund / 2,565,300 / 818,195 / 0 / -100%
Domestic Victims of Trafficking / 6,000 / 6,000 / 6,000 / 0%
Crime Victims Fund / 3,042,000 / 3,042,000 / 3,000,000 / -1.4%
Victim of State Sponsored Terrorism / 0 / 1,025,000 / 0 / -100%
Healthcare Fraud Reimbursements total / 249,363 / 249,860 / 274,648 / 9.9%
HCFAC Mandatory Reimbursement / 58,579 / 58,045 / 63,831 / 10.0%
FBI-Health Care Fraud mandatory / 130,303 / 131,335 / 144,454 / 10.0%
HCFAC Discretionary Reimbursement / 60,480 / 60,480 / 66,363 / 9.7%
Congressional Budget Authority / 47,428,571 / 47,904,154 / 43,063,298 / -8.5%
Justice Total Discretionary with Fees / 28,710,709 / 28,821,391 / 27,731,697 / -3.8%
On-budget Total / 28,089,701 / 28,327,843 / 25,738,737 / -9%
Off-budget total / 19,338,870 / 19,576,311 / 17,324,561 / -12%
Outlays / 28,089,701 / 28,327,843 / 25,738,737 / -9%
Pres. / 27,700,000
Undistributed Offsetting Receipts / 1,961,000
OMB est. / 39,115,000 / 35,274,000 / 35,988,000 / 2%

Source: Justice Department Summary of Budget Authority by Appropriation FY18, OMB Historical Tables FY17

1.The Justice Department’s Consolidated Balance Sheet as of September 30, 2015, shows $50.8 billion in total assets, an increase of $3.8 billion over the previous year’s total assets of $47.0 billion. Fund Balance with U.S. Treasury (FBWT) was $31.2 billion, which represented 61 percent of total assets. Total Department liabilities were $18.6 billion as of September 30, 2015, an increase of $2.0 billion from the previous year’s total liabilities of $16.6 billion. The increase is related to Collections for federal entities by DOJ/Debt Collection Management (DCM) as required by the Federal Debt Recovery Act of 1986, which have not been disbursed, and a large deposit recorded in the Seized Asset Deposit Fund by the DOJ prior to September 2015. The Consolidated Statement of Net Cost presents Department’s gross and net cost by strategic goal. The net cost of the Department’s operations totaled $31.3 billion for the fiscal year ended September 30, 2015, a decrease of $ 0.7 billion from the previous year’s net cost of operations of $32.0 billion. The decrease is related to unpaid obligations established for third party restitution payments established in the previous fiscal year. The Department shows $46.4 billion in total budgetary resources, an increase of $2.3 billion from the previous year’s total budgetary resources of $44.1 billion. The increase is primarily attributed to large asset forfeitures and a $1.1 billion expenditure transfer. FY 17 the Justice Department showed $29.9 billion in net outlays, an increase of $ 0.9 billion from the previous year’s total net outlays of $29.0 billion. This increase is primarily related to large asset forfeitures and a $1.1 billion expenditure transfer. Off-budget programs details are done with the most recent information that has not been updated.

Off-budget programs / FY 16 / FY 17 / % Change
Diversion Control Fee / [-371,515] / [-382,662] / 3.0
Vaccine Injury Compensation Trust Fund / [-9,358] / [-11,970] / 27.9%
Healthcare Fraud Reimbursements total / -249,363 / -320,259 / 28.4%
HCFAC Mandatory Reimbursement / [-188,882] / [-204,019] / 8%
HCFAC Discretionary Reimbursement / [-60,480] / [-116,240] / 92.2%
Antitrust Pre-Merger Filing Fee Total Appropriations / [164,977] / [169,101] / 2.5%
Antitrust Pre-Merger Filing Fee Collections / [-103,500] / [-106,087] / 2.5%
Antitrust Pre-Merger Filing Fee Direct Appropriation / 61,477 / 63,014 / 2.5%
Assets Forfeiture Fund / 14,673 / 15,039 / 2.5%
Assets Forfeiture Fund Revenues / [-1,960,602] / [-1,430,321] / -27.1%
Assets Forfeiture Fund Expenditures / [1,975,275] / [1,445,360} / -26.8%
Diversion Control Fee / [-371,515] / [-382,662] / 3.0%
U.S. Trustees / 225,908 / 229,717 / 1.7%
U.S. Trustees Fee Collections / [-162,000] / [-248,000] / 53.1%
U.S. Trustees Total Appropriations / [387,908] / [477,717] / 23.2%
Victim Compensation Fund Deposits / [-1,604[ / [-1,644] / 2.5 %
Victim Compensation Fund Disbursements / [2,361] / [2,361] / 0.0%
Victim Compensation Fund Balance / [-8,196] / [-7,479] / -8.8%
Subtotal, Fund Expenditures / 3,160,757 / 2,809,430 / -11.1%
Subtotal, Cost of Fund Revenues / 304,419 / 310,131 / 1.9%
Subtotal, Mandatory and Other Accounts / 2,979,233 / 1,379,500 / -53.7%

Source: Appropriations Figures for the Antitrust Division Fiscal Years 1903-2016 November 27, 2015; Asset Forfeiture Program FY 17 Performance Budget Congressional Justification; Sacco, Lisa N. The Crime Victims Fund: Federal Support for Victims of Crime. Analyst in Illicit Drug and Crime Policy. Congressional Research Service. October 27, 2015.

B. The FY 18 budget fails to legalize marijuana and reduce the deficit by ten billion dollars by abolishing the FBI, DEA, state and local law enforcement assistance, and the US Marshall interagency drug and crime task force under the Slavery Convention of 1926 (abolition of non-law enforcement and forest labor) as requested by more than 300 economists and 600 churches to the White House during the 114th Congress. Some minor irregularities have been ironed out. The US Marshall's are no longer stating +/- 10.4% growth FY 17 nor free of Tampering with a witness, victim or an informant under 18USC§1512.

1. There is a distinct levy for DEA drug war FY 18 and this constitutes treason under 18USC§2381. “First Amendment Privacy Protection” needs to be restored to litigation and legislation to better protect the population from unlawful search and seizure of their work product under 42USC§2000a(a). Marijuana is not a legal pregnancy test to make single mothers of Medicaid parents, families with babies are the poorest poor in the nation, they must not be enslaved without compensation when their conviction using unlawfully obtained evidence is overturned and the potentially poisoned drugs and perishables in the evidence room are destroyed and not diverted into drug war. Federal jail and prison could use some unadulterated marijuana – prison grown. The levy for the DEA must be abolished or reduced below levels criticized by the 114th Congress right away, in a public way for the Attorney General to wipe the treason from his Puerto Rican flag and wash his hands because robbing and enslaving the pregnant poor to levy Philippine style drug war, Dimethoxymethylamphetamine (DOM) rampage shootings, opiate overdoses and even poison hemlock tampers with the law of victim witnesses under 18USC§1512.