Gregory S. Gordon, Senior Trial Attorney Office of Special Investigations Criminal Division

1. PURSUIT OF JUSTICE IN THE UNITED STATES Gregory S. Gordon, Senior Trial Attorney Office of Special Investigations Criminal Division

2. Nazi War Criminals in the United States How did they enter the United States? How did the United States confront this issue? What solutions did the United States create to resolve this problem? How were these solutions implemented? What are the results? OVERVIEW

3. PRESENTATION ELEMENTS • Brief discussion of the issue • Receive a list of questions related to the issue • Provide answers and receive feedback • Video Clips

4. FIRST ISSUE How did Nazi war criminals come into the United States?

5. Established in 1979, OSI’s mission is to detect, investigate, and prosecute Nazi war criminals in the United States

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

7. OSI has opened 1,517 investigations of Nazi war criminals in the United States

8. FOCUS Why did Nazi war criminals come to the United States and how did they get here?

9. Q&A Session 1. When World War II ended, approximately how many Europeans do you think found themselves outside their country? 2. 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? 3. Of that number, what percentage of them would you want to be Jewish? Why that percentage? 4. Should there be any preference for certain occupations of the DP’s? If so, which ones? 5. Would you want to exclude certain categories of people? 6. If so, what measures would you take to assure that the excluded categories did not get into the United States? 7. Outside of the people living in the DP camps, how might Nazi War Criminals have gotten into the United States?

10. Post-Q&A Discussion • Paths to the United States: • The DPA and the Immigration Route • Operation Paperclip • Marriage • Using a False Name

11. HOW IT BEGAN……. In 1946, President Truman recommended that Congress amend the immigration laws to enable 200,000 refugees to come to America regardless of quotas

12. Enacted to allow 200,000 people who were driven from their homelands after World War II to emigrate to the United States The Displaced Person’s Act of 1948Pub. L. No. 80-774

13. Operation Paperclip

14. Marriage

15. Using a False Name

16. SECOND ISSUE Finding a solution for this problem

17. Q&A Session 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 this point) 2. Could the United States have prosecuted Braunsteiner for her crimes? If not, why? If so, under what law would she have been prosecuted? 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? Why? 6. What should be the legal remedy? Why? 7. Should any such action be prosecuted by local prosecutors or by a centralized national office? Why?

18. No criminal jurisdiction Prosecute for immigration violations Centralized strategy, resources, and expertise Creation of OSI Congresswoman Elizabeth Holtzman Post-Q&A Discussion

19. THIRD ISSUE The Investigation

20. Q&A Session 1. What do you think would be the primary way to detect Nazi war criminals in the United States? 2. What other ways can you think of? 3. What would be the best way for the Government to collect evidence to make its case? 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? 6. What barriers would exist in collecting this evidence?

21. The Interview

22. 1. Documents: A. Rosters B. Bullet Reports C. Immigration Files 2. Forensic Analysis 3. Survivor Accounts Types of Evidence

23. Fourth Issue Prosecution

24. Q&A Session 1. What kind of case does it typically file to start the proceedings? 2. In what jurisdiction is the case filed? 3. If the case goes to trial, what must OSI prove? 4. What is the burden of proof? 5. Who are the witnesses at trial? 6. Is there a jury? 7. Are there any other legal proceedings that OSI may be involved in?

25. Denaturalization • First stage in the litigation process for OSI • Civil proceeding • Burden: “clear, unequivocal and convincing evidence” • No right to a jury trial • Initiated in the United States District Court • Order may be appealed to the applicable United States Circuit Court and then to the United States Supreme Court.

26. ILLEGAL PROCUREMENT Citizenship was illegally procured a. A requirement for naturalization was not met b. Typically this will involve an invalid DPA visa CONCEALMENT/ WILLFUL MISREPRESENTATION a. Citizenship was procured by the concealment or misrepresentation of a material fact b. Occurs when the subject applies for citizenship (i.e., at the naturalization phase) Two Types of Denaturalization Actions

27. Deportation • Second State of the litigation process for OSI • Civil Action • Burden: “clear, unequivocal, and convincing evidence” • Right to appeal to immigration judge’s removal decision to the Board of Immigration Appeals (“BIA”) • Can seek review of final deportation order in United States Circuit Court • Can also seek review of the United States Circuit Court decision to the United States Supreme Court

28. Applicable Laws for Deportation • DPA • RRA • INA (“Holtzman Amendment”)

29. Holtzman Amendment • Holtzman Amendment is the most effective means because: • It requires the removal of any alien who “during the period beginning in March 23, 1933, and ending in May 8, 1945, under the discretion of or in association with the Nazi Government of Germany [or one of its allies] . . . ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion.” • Under the Holtzman Amendment, all persons are rendered ineligible for suspension of deportation by the Attorney General

30. OSI RESULTS • The Numbers • The Subjects • The Recognition