DOJ Presses Bribery Case

Ethics

A US Department of Justice spokesman said Monday that the department would continue to press its bribery case against Rep. William Jefferson (D-LA) despite the US Supreme Court's refusal to review an appeals court ruling that held the FBI's conduct during an 18-hour raid on Jefferson's congressional offices was unconstitutional. The US Court of Appeals for the DC Circuit had ruled that, although the May 2006 raid itself was legal, the "compelled disclosure of privileged material to the Executive during execution of the search warrant" violated the Speech or Debate Clause because the FBI searched through privileged materials without giving Jefferson an opportunity to review the materials.

In June, Jefferson pleaded not guilty to charges under the Foreign Corrupt Practices Act, including bribery, racketeering, money laundering and obstruction of justice. Jefferson is accused of accepting approximately $500,000 in bribes from numerous companies in the US and Africa and faces a maximum sentence of 235 years in prison if he is convicted on all counts. Last January, former Jefferson aide Brett Pfeffer pleaded guilty to bribery charges for his role in the scheme.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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