C L E V E L A N D D IV IS IO N O F P O L IC E M O N ITO RIN G A P P L IC A TIO N
I.

E x ecu tive S u m mary

As Independent Monitor, Bridget Rohde and the other professionals on her team will seek
to facilitate constitutional policing by, and increased community trust in, the Cleveland Division
of Police (“CDP”), through reviewing, assessing, engaging in dialogue about and reporting on
the CDP’s policies and procedures, training, accountability efforts, transparency, and community
outreach and engagement. The team would proceed as follows:
At the outset of the monitorship, Ms. Rohde and team members will meet with the
representatives of the U.S. Department of Justice Civil Rights Division (“DOJ”), U.S. Attorney’s
Office for the Northern District of Ohio (“USAO ND Ohio”) and the City of Cleveland who are
most familiar with this matter, as well as the CDP Chief of Police and knowledgeable individuals
in the command, to understand their goals and concerns with respect to the monitorship, as well
as to develop healthy lines of communication, in order to facilitate an ongoing, productive
dialogue and ready access to information needed during the course of the monitorship.
Ms. Rohde and team members will also meet with members of the Community Police
Commission (“Commission”) as soon as it is established, in order to fully understand their
concerns and expectations and to agree upon the best way to facilitate an ongoing productive
dialogue with them. The team will also explore the best way to learn the concerns of the District
Policing Committees. The goal will be to establish methods of engaging with, providing
information to and learning from the community, in order to maximize reform efforts and
community satisfaction. Through the course of the monitorship, Ms. Rohde and her team will
meet with the Commission and others to understand the nature and quality of CDP outreach from
the community perspective, whether the community thinks there are improvements in
constitutional policing, whether it feels a relationship of trust developing and how the Monitor’s
reports and other communications can better inform them.
Relatedly, utilizing Saint Consulting, the monitoring team will conduct Biennial
Community Surveys that will serve as a window into whether the CDP is constitutionally and
effectively policing while increasing community trust, which of the CDP’s efforts are succeeding
or falling short and where additional attention and effort needs to be focused to achieve the goals
of the Consent Decree. With expertise in community outreach, Saint Consulting will also
facilitate a vital, ongoing and sustainable community dialogue designed to educate and inform
the community, build relationships and rebuild trust and it will built the infrastructure to support
that dialogue in the future.
Early in the monitorship, in addition to the inaugural meetings and community survey,
Ms. Rohde and team members, including law enforcement expert Thomas C. Rapone, will
review the Consent Decree and the CDP policies and procedures implicated by it. Based on the
available documents, it appears that the CDP has already made some revisions to the Use of
Force policy since the DOJ’s report in December 2014. It also appears that the CDP already has
a Crisis Intervention Program upon which it can build and improve. The monitoring team will
prioritize reviewing revisions that have already been made to policies and procedures, in order to
recommend any further refinements with alacrity, so that enhanced training and supervision can

 be provided, and performance improved, in the near term.
Similarly, the monitoring team will work to provide input to the CDP regarding the other
policies being developed and programs being initiated during the first year that the Consent
Decree is in effect (e.g., development of a recruitment policy and plan and development and
implementation of systems to monitor outreach to the community), in order to help the CDP
begin institutionalizing and refining those processes. The monitoring team, with reliance on Mr.
Rapone’s expertise, will also focus on the training programs being developed by CDP; as further
discussed in the Proposed Activities section, he will access the expertise of the president of a
minority law enforcement association, as well as that of the founder of the Fair and Impartial
Policing training program. With these foundational elements in place, the work of
institutionalizing reform can begin in earnest.
To facilitate its review and assessment of the CDP’s adherence to the Consent Decree,
and, at least as importantly, to ensure that the CDP can effectively monitor its own policing, the
monitoring team will assess the CDP’s IT capabilities to determine what if any improvements are
needed to improve data collection, search and analytics, as well as record keeping. Additionally,
the team will perform the specific data-collection and analysis responsibilities set forth in the
Consent Decree, including reviewing the protocol to be developed by the CDP’s Data Collection
and Analysis Coordinator. The team will also use data analytics in tracking the CDP’s progress
towards its goals.
By developing an excellent foundation in terms of the development and implementation
of policies and procedures, training, appropriate supervision and other processes fostering
accountability and transparency, the CDP can make great strides toward constitutional policing
and increasing community trust.
II.

P ersonnel
A .Team M embers

Bridget Rohde would serve as Independent Monitor, supported by her partners William
F. Weld and William “Mo” Cowan, associates, and project analysts with the law firm Mintz,
Levin, Cohn, Ferris, Glovsky and Popeo, P.C. (“Mintz Levin”). The team would also include
BDO USA, LLP (“BDO”) consulting practice members Brian Mich and Anthony Lendez, who
specialize in monitorships, and Stephanie Giammarco, whose specialty includes data
management and data analytics. Thomas C. Rapone would provide law enforcement expertise,
including regarding use of force, crisis intervention and search and seizure. Jack Mitchell would
provide additional expertise and “boots on the ground,” as a seasoned investigator specializing in
monitorships. Saint Consulting and its President, Patrick Fox, would conduct community surveys
and related outreach.
B .RelevantB ackgrou nd of Team M embers
1. M intz L evin
a. B rid getRohd e,E sq.
2

 As Criminal Chief for the Eastern District of New York, and through other positions and
responsibilities during her sixteen years as an Assistant U.S. Attorney, Ms. Rohde brings a
wealth of relevant experience to the Monitor position. As Criminal Chief, and Deputy Chief
before that, she supervised approximately 100 Assistant United States Attorneys prosecuting all
manner of cases from narcotics to organized crime, terrorism, business and securities fraud, and
public corruption. Her responsibilities were many and varied. She set district priorities and
worked in conjunction with Section chiefs and outside law enforcement agencies to address
those priorities. She managed the Criminal Division, including with respect to supervisory,
staffing, and budgetary concerns. She worked with Section chiefs and their line assistants to
devise overarching investigative plans addressing specific crime problems and to enhance and
advance their specific investigations; she also provided guidance with respect to trial strategy.
She addressed the myriad questions that arose in the course of the day, whether from staff, the
U.S. Attorney, the DOJ or the Court.
As an Assistant U.S. Attorney, Ms. Rohde personally handled numerous prominent cases,
identifying investigative needs, constructing teams with representatives from agencies with the
needed expertise, developing and overseeing implementation of investigative plans, and pursuing
investigations to indictment and guilty plea or trial. Throughout her career as a federal
prosecutor, she worked with many federal, state and local law enforcement agencies including
the Federal Bureau of Investigation (“FBI”), U.S. Department of Labor Office of Inspector
General (“DOL-OIG”), Internal Revenue Service (“IRS”), New York State Organized Crime
Task Force (“OCTF”), and New York City Police Department (“NYPD”).
Since January 2007, Ms. Rohde has been in private practice, often representing
individuals and entities in connection with federal criminal investigations. She has also served
as counsel to a Court-appointed monitor. Specifically, from June 3, 2010 through December 31,
2014, Ms. Rohde served as counsel to the Court-appointed monitor for the New York City
District Council of Carpenters (“District Council”) in the Southern District of New York. The
District Council is subject to a consent decree entered to resolve a civil racketeering case brought
by the United States. By stipulation and order, the Court appointed an independent monitor,
referred to as the Review Officer. Ms. Rohde supported the Review Officer and his investigative
team in all aspects of the monitorship, until the Review Officer’s appointment ended in
December after four and a half years of unprecedented reform. See U.S. v. NYC District Council
of Carpenters, 90 Civ. 5722 (RMB)(SDNY). A copy of the Final Report of the Review Officer
is attached as Exhibit A.
Of particular note, Ms. Rohde played a critical role in monitoring compliance with the
consent decree and related stipulation and order, and providing guidance to the District Council
officers and Benefit Funds management and trustees, as they developed, implemented and
refined processes to ensure best practices going forward and to oversee accountability. She was
also deeply involved with drafting the reports filed with the Court every six months.
b. W illiam W eld ,E sq.
William F. Weld is a Member of Mintz Levin and a Principal of ML Strategies, a
government relations and business consulting group.

3

 A former governor of Massachusetts, Mr. Weld’s qualifications include service as United
States Attorney for the District of Massachusetts and as Assistant Attorney General for DOJ’s
Criminal Division. As Governor and at DOJ, he was responsible for the legal and ethical
behavior of scores of thousands of employees. He has direct experience running large law
enforcement agencies and addressing the challenges presented. He is also very experienced
working with elected officials, other government agencies and the constituents he has served.
Mr. Weld was deeply involved with respect to civil rights enforcement in particular. For
example, whenever there was a fatal shooting by a law enforcement officer during his tenure as
U.S. Attorney, he personally reviewed the case to see if there was a basis to believe that civil
rights violations had been committed.
Mr. Weld also has highly relevant compliance/monitoring experience, having overseen a
number of important criminal and civil actions, one of which included the appointment of a
trustee over the affairs of an international labor union and another which required a monitor to
oversee the clean-up of Boston Harbor.
c.

W illiam “M o”C owan,E sq.

William “Mo” Cowan is Of Counsel to Mintz Levin and Senior Vice President and Chief
Operating Officer of ML Strategies.
Prior to rejoining Mintz Levin, Mr. Cowan represented the Commonwealth of
Massachusetts as interim United States Senator, succeeding John F. Kerry upon his appointment
as United States Secretary of State. Immediately prior to his Senate service, Mr. Cowan served
in the following leadership positions for Massachusetts Governor Deval L. Patrick: Chief Legal
Counsel (2009-2011), Chief of Staff (2011-2013) and Senior Advisor (2013).
As Chief of Staff to Governor Patrick, Mr. Cowan directed strategic planning, investment
and operations, including oversight of the Commonwealth's multi-billion dollar, annual
budgeting process. As chief strategist and crisis manager to the Governor, he advised on all
domestic and international affairs, intergovernmental relations and gubernatorial appointments
and administered all management and personnel functions within the Governor's office.
As Chief Legal Counsel to the Governor, Mr. Cowan served as the General Counsel for
the Executive Office, advising Governor Patrick on all legal and policy matters. He managed
legislative, regulatory policy for the Office of the Governor. He oversaw all legal operations for
the Patrick-Murray Administration including management of five deputy counsel, eight Cabinetlevel general counsels, and several hundred in-house and outside counsels, one of the largest
legal practices in the Commonwealth.
Mr. Cowan administered the selection and nomination of Roderick Ireland as Chief
Justice of Supreme Judicial Court and nearly two dozen additional judicial appointees to state
administrative law panels, trial courts and appellate courts.
Mr. Cowan was the 8th African-American to serve in the U.S. Senate and the 1st AfricanAmerican to serve as Chief Legal Counsel to a Massachusetts Governor.
4

 Prior to his public service, Mr. Cowan was a member of Mintz Levin’s Litigation Section
where he represented a diverse array of commercial clients in matters involving corporate
governance, allegations of financial mismanagement and malfeasance and money laundering
investigations. He led many internal investigations, providing litigation counseling and crisis
management services to corporate clients, representing individuals and institutions in SEC and
SRO enforcement actions, and class action proceedings. He also served for six months in 2000
as a Special Assistant District Attorney in the Office of the Middlesex County District Attorney.
During his earlier term with the firm, Mr. Cowan chaired Mintz Levin’s Hiring
Committee and served on the Diversity Committee, Member Compensation Committee, and
Management Recommendations Committee. He currently serves on the firm's Policy
Committee.
2. B D O
a. B rian J.M ich,JD
Brian J. Mich leads BDO’s U.S. Anti-Corruption Compliance & Investigations practice
with 30 years of experience as a consultant and prosecutor, including corporate and criminal
investigative experience.
Mr. Mich serves as the Project Co-Leader of BDO’s engagement serving as the Monitor
overseeing Western Union’s compliance with the terms of its Consent Decree with the State of
Arizona. He is a member of the leadership team assisting the Monitor of the $25 million
National Mortgage Settlement Oversight and the Monitors overseeing separate settlements
relating to Residential Mortgage-Backed Securities (“RMBS”) that Bank of America, Citicorp
and J.P. Morgan Chase have entered into with the DOJ and several states. Previously, Mr. Mich
also served as Project Leader for the monitorship of the renovation of the Jacob K. Javits
Convention Center, and was a member of the leadership team overseeing BDO’s evaluation of
the Gulf Coast Claims Facility.
A significant focus of Mr. Mich’s practice at BDO is focused on the prevention of
corruption. In that context, Mr. Mich assists both private and public sector clients to mitigate the
risks associated with corruption through the development and implementation of anti-corruption
policies and procedures; the creation and delivery of anti-corruption training; due diligence
investigations into acquisition targets, agents, business partners and other third parties; and
internal investigations of corruption allegations.
Prior to joining BDO, Mr. Mich served as Senior Counsel for the Independent Inquiry
Committee into the United Nations Oil-For-Food Programme in Iraq (“IIC”), which uncovered
what is widely considered the most extensive global corruption scheme in history. In that
capacity, Mr. Mich played a key role in the investigation of corruption and program
mismanagement and was primarily responsible for drafting significant portions of the over 2,000
pages of reports that the IIC issued in documenting its findings. Mr. Mich also was responsible
for briefing prosecutorial, regulatory and law enforcement authorities throughout the world,
including DOJ, regarding the ICC’s investigative findings.

5

 Mr. Mich also served for 19 years as an Assistant District Attorney in the Kings County
District Attorney’s Office and the Queens County District Attorney’s Office. While in Queens
County, he served as Chief of the Economic and Environmental Crimes Bureau, the Organized
Crime and Rackets Bureau and the Narcotics Investigations Bureau. In these roles, he handled
personally and supervised major investigations into corruption, fraud, embezzlement, theft and
racketeering.
As a prosecutor, Mr. Mich worked extensively with a variety of federal, state and local
law enforcement and governmental agencies, including, among others, the NYPD, FBI, IRS,
United States Drug Enforcement Agency, New York State Police, United States Postal Service,
New York City Department of Corrections, New York State Department of Correctional
Services, United States Secret Service, and New York State Department of Taxation and
Finance. In that context, he gained extensive experience managing multi-agency investigative
efforts.
b. A nthonyM .L end ez,C P A ,C FE ,C FF
Anthony Lendez has over 30 years of experience assisting clients with securities
litigation, accountants’ professional liability, corporate internal investigations, and white collar
criminal defense matters involving alleged financial statement irregularities and management
fraud. He has testified before the International Court of Arbitration, American Arbitration
Association, U.S. district courts, and the Ontario Superior Court of Justice. He also has served as
an arbitrator and has presented investigation findings to the DOJ, U.S. Securities and Exchange
Commission (“SEC”), state attorneys general, and numerous committees.
Mr. Lendez is the lead partner assisting the Monitor of the $25 billion National Mortgage
Settlement, overseeing implementation of the new servicing standards and provision of loan
modification relief to distressed homeowners by the nation’s five largest banks/mortgage
servicers. With Mr. Mich, Mr. Lendez serves as the Project Co-Leader of BDO’s engagement
serving as the Monitor overseeing Western Union’s compliance with the terms of its Consent
Decree with the State of Arizona. He led evaluations of the Gulf Coast Claims Facility under the
direction of DOJ and revenue recognition practices related to the AOL-Time Warner merger
pursuant to an SEC settlement.
In addition to his extensive monitorship experience, Mr. Lendez also assists companies
with matters involving alleged financial statement irregularities and management fraud, and
accounting firms with claims arising from professional liability cases. He has directed a number
of high profile securities litigation matters, investigations, and accountants’ professional liability
cases involving the application of generally accepted accounting principles and generally
accepted auditing standards. He has also investigated matters related to New Century, Enron,
Countrywide, Fannie Mae, and Cendant, among others.
Mr. Lendez is a Certified Public Accountant, a Certified Fraud Examiner and Certified in
Financial Forensics. Prior to joining BDO’s consulting practice, he was a Partner in BDO’s
National Assurance Department and served as a Technical Manager for the SEC Practice Section
of the AICPA, where he investigated alleged audit failures, including numerous matters related
to 1980s S&L crisis, and was an Audit Manager at a Big Four accounting firm.
6

 c. S tephanie L .Giam marco,C P A /C ITP ,C FE ,C E D S
Stephanie L. Giammarco sits on BDO’s Board of Directors and leads the firm’s Forensic
Technology Services practice with over 20 years of experience and a background in accounting,
information technology and criminology. Having worked on some of the largest financial frauds
to date, she has led teams that have created databases of millions of records, performed advanced
data analytics and visualization, and provided testimony pertaining to damages and electronically
stored information.
Ms. Giammarco provides litigation and consulting services to organizations and their
counsel, including data analytics, computer forensics and e-discovery services related to
domestic and international matters involving internal investigations, class action lawsuits,
employee and vendor schemes, fraud, and other matters.
Ms. Giammarco has supported the ongoing execution of several monitorship and
independent examination engagements throughout her career, including the Gulf Coast Claims
Facility and AOL Time Warner, with the delivery of targeted computer forensic and data
analysis procedures. She has experience overseeing teams of technical specialists in order to
forensically collect and preserve data, in addition to performing analysis on complex data sets in
order to identify potentially suspect activity.
Ms. Giammarco has a Master’s Degree in Criminology, and has published and presented
on a range of data analytics, digital forensics and e-discovery topics, including before the SEC,
Security Industry Authority and National Futures Association.
3. L aw E nforcementE x pertThomas C .Rapone
Mr. Rapone is an accomplished executive manager with over thirty-five years of
combined government and private sector experience in the fields of law enforcement, prison
management and homeland security. He has a Master’s Degree in Criminal Justice.
Mr. Rapone’s twenty-plus years of government experience include eight years as the
United States Marshal for the Eastern District of Pennsylvania, as well as four years as the
Cabinet Secretary of Public Safety for the Commonwealth of Massachusetts, where he also
served concurrently as the Massachusetts Commissioner of Corrections. Mr. Rapone began his
government-management career as the warden of one of Pennsylvania’s largest county prisons,
the Delaware County Prison.
After entering the private sector in 1995, Mr. Rapone focused on the start-up and
operation of private correctional facilities across the United States, serving as CEO or COO of
some of the largest providers of private detention services to the federal government. Notably,
Mr. Rapone served as the COO and Executive Vice President of the nation's second largest
publicly traded corrections company. In addition to these management positions, Mr. Rapone
recently spent five years as a Senior Business Development Officer for Capital Source Inc.,
where he was instrumental in developing its successful Public Safety and Homeland Security
Lending Division.
Mr. Rapone has been commissioned to conduct police management reviews for various
7

 police departments in Rhode Island and Massachusetts. He is a member of the International
Chiefs of Police Association, the National Sheriffs Association, and the American Correctional
Association. He has served on various boards and commissions and has received numerous
awards for his public service, including awards from DOJ recognizing his vision and initiative in
creating the first and longest continuously operating fugitive task force in the United States.
Mr. Rapone has served as an adjunct professor of Criminal Justice in the Pennsylvania
State System of Higher Education, specifically at West Chester University, where he taught both
Graduate and Undergraduate courses in police management and investigations and covered
topics including organizational structure, arrest and detention and use of force. Additionally, Mr.
Rapone has been a guest instructor at the Federal Law Enforcement Training Center in Georgia,
focusing on policies and procedures related to jail contract development and implementation; he
also served as a team member of the curriculum development group responsible for a prison
hostage negotiation course, which covered use of force and arrest and detention.
4. InvestigatorJack M itchell
Jack Mitchell is the President of the J. Mitchell Company, LLC, a fully licensed private
investigations and consulting company that provides clients with expertise in compliance, risk
assessment and management, best practices and investigations.
Mr. Mitchell has significant experience conducting investigations and monitorships,
including ensuring enforcement of Consent Decrees. With respect to the monitorship of the
NYC District Council of Carpenters referred to in Part II.B.1.a above, Mr. Mitchell served as the
Chief Investigator for the Review Officer. Before forming his own company, Mr. Mitchell was
a manager at BDO, where he served as project manager on several integrity monitorships and
forensic accounting reviews. Prior to BDO, he was a Senior Investigator at Thacher Associates,
LLC, where he conducted integrity monitorships for various government agencies, including the
Port Authority of New York and New Jersey, the Metropolitan Transportation Authority, United
States District Courts and other law enforcement agencies.
While serving as a Senior Investigator with OCTF, Mr. Mitchell managed investigations
in labor racketeering cases, one of which resulted in the arrest of the leadership of the Genovese
and Colombo LCN families and many officials of Local Unions 14 and 15 of the International
Union of Operating Engineers. At OCTF, Mr. Mitchell investigated fraud, labor bribery,
money-laundering, homicide, and racketeering, among other crimes. Mr. Mitchell was crossdesignated as a Deputy U.S. Marshal.
Mr. Mitchell is highly experienced in working with law enforcement agencies, having
worked on investigations with the FBI, DOL-OIG, NYPD, New York City Department of
Investigation, New York City Business Integrity Commission, and Waterfront Commission of
New York Harbor (formed by compact by the States of New York and New Jersey).
5. S aintC onsu lting
a. P atrick Fox

8

 Patrick Fox, President of Saint Consulting, has been with the firm since 1998, serving as
project manager, division manager and vice president before becoming company president.
Patrick has managed or consulted on hundreds of projects across the United States, Canada and
the United Kingdom, adapting state-of-the-art grassroots political campaign techniques to build
community coalitions and outreach programs. He is co-author of the book, NIMBY Wars – The
Politics of Land Use, as well as numerous articles and thought leadership pieces on best practices
in grassroots politics and community organizing.
As a lecturer at the MIT Center for Real Estate, Patrick helped develop “Winning
Community Support for Real Estate Projects,” and has provided executive education seminars in
the politics of land use and tactics and techniques for building community support for industry
leading companies internationally.
Patrick developed the Saint Index, an international study focused on community activism
and the phenomenon of NIMBYism (Not In My Back Yard), which has been featured in The
Wall Street Journal, The Economist, USA Today, Financial Times, Forbes, The New York
Times and other publications.
Patrick earned an MBA from Northeastern University, and has completed additional
programs at Harvard, MIT and Harvard Business School. His experience includes work on more
than 100 political campaigns, management of a U.S. Congressional office and a government
relations consulting firm.
Patrick is also a former Suffolk County Deputy Sheriff where he had firearms and use of
force training and gained extensive experience with law enforcement personnel and pretrial
detainees.
b. O wen E agan
Owen Eagan is a Vice President of Saint Consulting, specializing in developing
community outreach programs for Fortune 500 companies. He has worked on more than a
hundred political campaigns, including the successful ballot initiatives for the $5 billion rail
transit proposal in Honolulu, Hawaii, and the $1.6 billion Wynn Resorts proposal in Everett,
Massachusetts, which received record support of 86.5%. He is the author of So What?:
Measuring and Assessing Strategic Communications in Land Use Politics. He received a BA
from Clark University, an MA from Emerson College and an MBA from Pepperdine University.
He also attended the MIT-Harvard Public Disputes Program and the University of CaliforniaBerkeley CEQA CLE program. In addition, Owen is currently an adjunct faculty member at
Emerson College, the nation's only four-year institution dedicated exclusively to the study of
communication and the performing arts, and is certified in Social & Behavioral Research by the
Collaborative Institutional Training Initiative.
C .InternalO rganization of the Team
Ms. Rohde would serve as the Independent Monitor and key point of contact for all
monitorship-related matters. In this capacity, Ms. Rohde will be responsible for the development
of the organizational plan for auditing and reviewing the CDP’s compliance with the Consent
9

 Decree, taking into consideration the purpose and requirements of the decree itself and her
team’s input on best practices obtained from their extensive experience. She will also be
responsible for overseeing the overall implementation of the plan. Mr. Weld would be available
to provide counsel and insight with respect to formulating the organizational plan, managing the
issues that are certain to arise along the way and liaising with the parties and community
throughout the pendency of the monitorship. Mr. Cowan would similarly lend his experience
managing complex and sensitive issues. Mintz Levin associates and project analysts are available
to support the project, conducting legal research as needed and analyzing CDP’s progress toward
fulfilling the Consent Decree’s objectives.
BDO, which has offices in Cleveland, will contribute to the team effort in a number of
critical respects. Messrs. Mich and Lendez will support the Independent Monitor by overseeing
the BDO team responsible for executing the continued audit and review of the CDP’s
compliance with the Consent Decree. In addition to their role in this capacity, the BDO team
will also be responsible for developing methodologies and metrics for, and conducting auditing
and review of, the CDP’s compliance. Ms. Giammarco will work in tandem with Messrs. Mich
and Lendez to oversee the data analysis aspects of the project. The BDO team will be supported
by a deep bench of qualified professionals from BDO’s Monitorship and Independent
Examination and Forensic Technology practices, to ensure that the project activities are
thoroughly completed in the most efficient and cost-effective manner possible.
Mr. Rapone will provide expert advice regarding all aspects of the monitorship, including
the sufficiency and efficacy of CDP’s use of force, crisis intervention and search and seizure
policies, procedures, training and implementation in practice; its supervisory review processes
and practices; the equipment and other resources afforded to officers to facilitate successful
policing under the terms of the Consent Decree; and community outreach and engagement
fostering all of these efforts. He will work closely with all team members to best focus our
efforts. He will also participate in meetings with the parties and community constituencies to
ensure all perspectives are understood and incorporated in our efforts.
Mr. Mitchell, assisted by other investigators as necessary, will serve as the in-house
investigator for this monitorship, in order to help ascertain how policing is being accomplished
in practice and what steps need to be taken to bring the CDP into compliance with the Consent
Decree and to help ensure sustainable reform.
Saint Consulting will conduct the Biennial Community Surveys and related outreach
work. The surveys will provide an instrument to gauge resident and stakeholder perceptions as
an initial baseline and to track changes every two years as the program develops. Designed to be
demographically comprehensive and truly representative of the community as a whole, the
survey methodology includes a vigorous field component with data gathering at the street and
neighborhood level to ensure participation of residents often under-represented in traditional
survey analysis.
Community outreach efforts are designed to generate a community dialogue that will
build trust and key relationships and foster an ongoing dialogue. Utilizing digital and social
media tools as well as facilitators on the ground, this initiative will allow us to identify and
engage key stakeholders. Leveraging existing community events and working closely with local
10

 community groups, organizations, local leaders and activists, we will engage the broadest
possible cross-section of concerned citizens and opinion leaders and invest them in the
relationship building effort.
All community outreach elements are specifically designed to develop a sustainable and
self-supporting infrastructure that will continue to flourish and build long after the monitoring
period has ended. We would aim for them to be self-sustaining by the end of the third year of
the monitoring period. These community outreach efforts bridge the gap between real advances
and improvements achieved and community perception and trust.
Ms. Rohde with the input of the team will report comprehensively in writing to the Court
and the parties regarding the CDP’s progress.
D .C u rrentE mployment,P rojects and P rofessionalC om mitments of Team
M embers
Having recently completed working on the monitorship of the NYC District Council of
Carpenters and its Benefit Funds, Ms. Rohde is available to dedicate the required time and effort
to the NPD monitorship. Her other representations, principally of individuals in governmental
investigations, do not currently require a substantial time commitment. Mr. Weld, and the other
partners who are expected to serve as resources for the Mintz Levin team, will make themselves
available as needed to consult with Ms. Rohde; associates and project analysts will be chosen
based on their experience and availability.
At present, Messrs. Mich and Lendez are involved in assisting the Monitor of the
National Mortgage Settlement and other Monitors with respect to RMBS settlements. They also
serve as Co-Project Leaders for BDO’s role as Monitor of Western Union. They, as well as Ms.
Giammarco, assist private clients. Based on BDO’s extensive experience successfully delivering
on similar engagements of this nature, it is anticipated that Mr. Mich, Mr. Lendez and Ms.
Giammarco will have significant involvement during the initial and final phases of the
monitorship, and serve in oversight roles for the broader BDO engagement team during other
phases, during which time they would likely devote approximately 10 hours per week to the
engagement. They will provide the necessary support needed as the project requirements become
clearer. Further, they will be complemented by highly qualified, experienced BDO
professionals, who will be responsible for the day-to-day execution of project activities. All
three individuals have the required expertise and availability to deliver exceptional service to
both the Monitor, parties, CDP, and Cleveland community.
Mr. Rapone commits 50 percent of his time to Rapone and Rapone, LLC, leaving 50
percent to serve as law enforcement expert on this matter. Mr. Rapone has the flexibility to
increase his time commitment to this matter if need be.
Mr. Mitchell expects to have approximately 20 hours a week available to commit to this
matter based on a continuing commitment of approximately 80 hours a month working with the
new independent monitor for the Carpenters, handling an assignment for the New York City
Business Integrity Commission and doing due diligence for other clients.

11

 Messrs. Fox and Eagan are committed to dedicating the time necessary to complete this
project and achieve all project goals. They are prepared to set aside up to 75% of their time
during key data gathering periods and up to 50% during other periods as needed. The time
necessary to achieve project objectives will vary greatly with scheduled biennial community
surveys, community outreach efforts, meetings and events. While Messrs. Fox and Eagan will
take the lead on these efforts, they will leverage the full capacity of Saint Consulting staff and
resources. Staff time will be available, allocated and scheduled as needed. Saint Consulting has
the ability to put highly qualified and experienced staff on the grounds and they have the
commitment and resources necessary to achieve project goals and exceed expectations.
III.

Q u alifications
A .M intz L evin

Ms. Rohde has deeply relevant experience, most recently from her work as counsel to the
Court-appointed monitor for the NYC District Council of Carpenters monitorship. Ms. Rohde
played a critical role in ensuring compliance with the consent decree and stipulation and order,
including reviewing policies, procedures and practices and providing insight to the Review
Officer, and guidance to officers of the District Council (or Union) and management and trustees
of the Benefit Funds (pension, welfare, annuity and other funds), as they developed,
implemented and refined processes to ensure best practices, oversee accountability and provide
transparency. She specifically reviewed and evaluated the depth and breadth of organizational
change, including with respect to foundational policies and procedures; supervision, staffing and
training; infrastructure (including IT) and compliance and ethics programs.
Together with the Review Officer and his investigative team, Ms. Rohde continually
evaluated the District Council and Benefit Funds throughout the four-and-a-half-year
monitorship, which included an initial term and two extensions. The Review Officer’s team
liaised with the District Council and Benefit Funds on a regular basis, identifying issues and
suggesting changes (or making formal recommendations under the terms of the stipulation and
order, if necessary), but generally encouraging organic reform within the District Council and
Funds’ office, so that the change would be deeply rooted and sustainable. Ms. Rohde also
liaised with the U.S. Attorney’s Office for the Southern District of New York, with counsel for
the District Council and with counsel for the Benefit Funds, regarding issues and progress.
The Review Officer’s team publicly filed reports every six months, for a total of eight
interim reports and one final report. The reports were written for a broad variety of stakeholders.
They served to apprise the Court regarding compliance with the consent decree and stipulation
and order and progress, or lack thereof, with respect to sustainable reform. The reports provided
a written record of compliance and progress for the U.S. Attorney’s Office. They were also an
additional vehicle through which the Review Officer communicated his assessment of various
aspects of the District Council’s and Benefit Funds’ operations, and suggested reforms, to the
Union’s officers and the Benefit Funds’ trustees and management. Through their posting on the
District Council’s website, the reports also notified the membership of state of their Union’s
reform efforts. Each report served as a record of progress and a road map for continued
improvement for each of these constituencies, as well as for the general public.

12

 Ms. Rohde was deeply involved in writing these reports. Additionally, Ms. Rohde also
helped the Review Officer prepare for Court appearances and attended those appearances. She
also handled any litigation that arose in connection with the stipulation and order. The reports
and other litigation were filed within anticipated deadlines and budget.
The ultimate goal of the District Council monitorship was not only the Union’s adherence
to the terms of its settlement with the government and eradication of corrupt practices, but lasting
organizational change resulting in effective quality improvement in the services rendered by the
Union and its Benefit Funds to their constituents. Ms. Rohde helped facilitate that sea change.
As indicated above, Ms. Rohde also has extensive law enforcement experience. As a line
AUSA, she personally handled all aspects of many criminal matters through investigation, trial
or guilty plea, sentencing, and appeal. Serving as Criminal Chief and in other supervisory
positions enhanced her skills and judgment, as she was responsible not only for the meticulous
planning and execution of law enforcement actions she was handling, but for those of the entire
Criminal Division. She was also called upon to make countless decisions regarding quickly
developing issues, which exponentially expanded her experience. Because of her regular
coordination with other law enforcement agencies, she is highly knowledgeable of law
enforcement practices and the imperatives of constitutional policing and community trust.
B .B D O
1. M onitorships
BDO provides independent monitor services to ensure that organizations are in
compliance with laws, regulations, consent judgments, or Consent Decrees. BDO professionals
provide independent review or oversight and, where appropriate, conduct investigations of
suspected inappropriate behavior, all with minimal disruption to the organizations involved.
They evaluate organizational change, including through the development and use of outcome
measures, is central to their efforts.
BDO professionals, including Messrs. Mich and Lendez, have years of experience
working on large, complex and high-profile engagements, including voluntary monitorships,
regulatory agency-mandated monitorships and Court-ordered monitorships. In addition to
offering the highest levels of credibility with the DOJ, SEC, Federal Reserve and other
regulators, Messrs. Mich and Lendez are supported by the resources of one of the world’s largest
accounting and consulting networks.
2. D ataM anagem entand D ataA nalytics
BDO’s forensic technology practice, of which data management and data analytics are
part, is comprised of in-house professionals including database specialists, programmers, former
members of law enforcement and government agencies, fraud examiners, auditors, information
management specialists, and forensic accountants, among other skillsets. Managing and
analyzing data is a core competency of this practice.
Data Management: BDO helps organizations protect and manage their information by
developing proper controls and safeguards. BDO professionals work with organizations to
13

 develop pragmatic and repeatable processes, policies, and solutions. BDO’s services include
records management assessments, information governance program development, defensible
data disposition implementation, and several government and regulatory compliance services.
BDO, specifically Ms. Giammarco and other professionals, also evaluate and analyze
data comprehensively and cost-effectively, regardless of format, database platform or system.
BDO’s data analytics services include the identification, extraction and hosting of data;
evaluation of data quality; verification of data completeness and accuracy; data standardization
across multiple platforms and disparate datasets; identification of anomalies, trends, gaps, and
deviations using statistical methods; and graphical reports and data visualization. In addition,
BDO professionals provide predictive analytics and modeling, interactive, web-accessible
analytics, fraud prevention and detection analytics, and provision of expert testimony.
BDO’s forensic technology professionals have provided support for every major
investigation and monitorship performed by BDO. Whether it was extracting thousands of tables
for analysis in the Gulf Coast Claims Facility or reviewing thousands of lines of SQL code for
the National Mortgage Settlement Monitor, BDO’s data analytics professionals have been an
integral component of BDO’s several successful Monitorship engagements.
C .

Tom Rapone

Mr. Rapone has had extensive experience in complex organizational planning and
execution, including with respect to law enforcement agencies. Between 1990 and 1994, while
in public service in Massachusetts, Mr. Rapone was responsible for the oversight, planning and
management of the consolidation of four separate State Police agencies into a newly created
Department of State Police. This unprecedented consolidation included the reassignment of over
2,200 police officers and administrative staff. The process included the review, modification and
development of new policies and procedures, as well as training, with respect to investigations
and other core responsibilities of police agencies, as well as collective bargaining.
Mr. Rapone was also responsible for the transfer of the Massachusetts Department of
Corrections from the Executive Office of Human Services into the Executive Office of Public
Safety. This organizational restructuring included the transfer of over 6,000 full time employees,
as well as review of and changes to hundreds of policies, rules, regulations, and laws. Both of
the above executive office projects included numerous meetings with community groups, as well
as extensive hearings and testimony before numerous legislative committees.
Once in the private sector, specifically from the late 1990s through approximately 2005,
Mr. Rapone was the principal member of a team that conducted management reviews of the
Woonsocket, Rhode Island Police Department; Nantucket, Massachusetts Police Department;
and City of Peabody, Massachusetts Police Department. These projects included the review and
assessment of police policies and procedures related to general police management and covered
topics including arrest and detention and use of force; the team also reviewed reporting
mechanisms. In the course of the projects, the team conducted extensive interviews with
employees, both sworn and unsworn. Mr. Rapone held meetings with all stakeholders, including
community groups, law enforcement agencies and other government agencies. He continually
communicated with these constituencies throughout the projects, explaining the steps being taken
14

 and the progress being made. Mr. Rapone and his team did reports on each of these police
management reviews.
From 2009 through 2011, Mr. Rapone was responsible for the management oversight and
operations of the Irwin County Detention Center relative to the implementation of the
Department of Immigration and Customs Enforcement’s then newly developed Performance
Based National Detention Standards. These new standards were developed to better address
federal detainees’ needs related to medical health, mental health, suicide prevention, legal access,
detainee grievances, and property management.
During the above timeframe, Mr. Rapone also served as the Development Officer for the
Capital Source Banks Security Lending Division, and was responsible for all projects related to
Public Safety, Homeland Security and Corrections/Detention.
From 2011 through 2013, Mr. Rapone was a member of the Selection Committee for the
City of Norwood, Massachusetts, which was created to select both a new Police Chief and Fire
Chief for that city.
D .Jack M itchell
In addition to his law enforcement experience, Mr. Mitchell has private sector experience
conducting investigations and monitorships in various industries, including construction,
financial services and waste hauling.
As previously indicated, from June 2010 through December 2014, Mr. Mitchell assisted
the Review Officer of the NYC District Council of Carpenters in enforcing the consent decree.
Mr. Mitchell led a team of investigators, forensic accountants and others to uncover corruption,
malfeasance and fraud, and assist in the development of best practices, at the District Council.
The investigations resulted in many officers and officials of the District Council and its
constituent locals being removed. By first investigating corruption and removing those
responsible, the monitoring team started the process of reform. The investigations not only
removed corrupt officials but also provided valuable knowledge and insight into the areas most
susceptible to corruption. This knowledge led to the ability to create and institute best practices
in the management, operations, accounting, and governance of the District Council.
Mr. Mitchell is currently assisting the Monitor of a large New York City area waste
hauler. The waste hauler was required by the New York City Business Integrity Commission
(“”BIC”) to engage the monitor to ensure compliance with BIC’s order. Mr. Mitchell has
directed the investigation of the waste hauler’s practices and conduct.
In other compliance work, while at BDO, Mr. Mitchell served as a project manager for
the integrity monitorship at the Jacob Javits Convention Center’s $400 million dollar
construction project. The monitorship included reviewing policies and procedures of the
construction management firm and other contractors on the site and providing recommendations
for best practices.
In addition to working on monitorships, Mr. Mitchell provides compliance, investigative
and due diligence services to the management of a large residential complex in Manhattan. Mr.
15

 Mitchell also provided investigative services to the United States Attorney for the Eastern
District of New York.
E.

S aintC onsu lting

Saint Consulting has been creating and implementing successful community outreach
programs for over 30 years. They have worked for many of the world’s top companies with over
2,000 engagements completed in 48 U.S. states, the United Kingdom and Canada. Their unique
focus on community outreach utilizing state of the art grassroots tools, multi-modal survey
research, innovative outreach techniques and digital tools has been highly successful on some of
the most difficult community relations situations internationally. They have extensive
experience designing, implementing and analyzing comprehensive survey research programs and
conducting grassroots outreach efforts with teams in the field successfully integrated and
operating in diverse communities.
IV .

P riorE x perience and References
A .M intz L evin
1. N Y C D istrictC ou ncilof C arpenters

As indicated above, Ms. Rohde served as counsel for the Court-appointed Review Officer
of the NYC District Council of Carpenters.
References
Review Officer Dennis M. Walsh
Law Offices of Dennis M. Walsh
415 Madison Avenue, 11th Floor
New York NY 10017
(646) 553-1357
dmwfw@verizon.net
AUSAs Benjamin Torrance and Tara LaMorte
U.S. Attorney’s Office
Southern District of New York
86 Chambers St., 3rd Floor
New York, NY 10007
(212) 637-2703 (Torrance); (212) 637-2746 (LaMorte)
Benjamin.torrance@usdoj.gov; tara.lamorte2@usdoj.gov
Barbara S. Jones, Esq.
Attorney who represented the District Council with respect to the Review Officer
Zuckerman Spaeder LLP
399 Park Avenue, 14th Floor
New York NY 10022
(212) 897-3437
16

 bjones@zuckerman.com
B .B D O
1. JP M organ C hase US TP S ettlement
BDO was selected by the Independent Reviewer appointed pursuant to JPMorgan’s
$50 million settlement with DOJ’s U.S. Trustee Program to assist her in validating that
JPMorgan Chase is complying with the settlement.
Reference:
Amy Walsh, Esq.
Independent Reviewer
Morvillo LLP
One World Financial Center
27th Floor
New York, New York 10281
(212) 796-6347
awalsh@morvillolaw.com
2. W estern Union
BDO was selected as the Monitor for Western Union to evaluate its compliance with its
Consent Decree with the State of Arizona. Among other things, BDO is evaluating whether
Western Union has successfully implemented a series of recommendations designed to enhance
its anti-money laundering efforts and has implemented an effective AML/BSA compliance
program designed to prevent, detect and report potential money laundering activities in the
Southwest Border Area.
References:
D. Matthew Conti, Esq.
Senior Litigation Counsel
Arizona Attorney General's Office
Drug and Racketeering Enforcement Section
1275 West Washington
Phoenix, Arizona 85007
(602) 542-8427
matthew.conti@az.gov
Kathleen E. Brody, Esq.
Partner
Osborn Maledon, P.A.
2929 North Central Avenue
Twenty-First Floor
Phoenix, AZ 85012-2793
17

 (602) 640-9387
kbrody@omlaw.com
3. FlagstarB ank FS B
BDO was selected by Flagstar Bank FSB, one of the nation's top 10 largest savings banks
with total assets of $9.6 billion, to assist in evaluating its compliance with a CFPB Consent
Order related to its default mortgage servicing compliance system. BDO has performed an
independent review of the Bank’s mortgage servicing compliance system related to its loss
mitigation activities and is working with a Monitor to assess the Bank’s compliance with the
requirements of the Consent Order.
Reference:
Joseph A. Smith, Esq.
Monitor
Poyner Spruill LLP
301 Fayetteville Street, Suite 1900
Raleigh, NC 27601
(919) 783-1064
joe.smith@jasmithmonitoring.com
4. B ank of A mericaRM B S S ettlement
BDO was selected by the Monitor appointed pursuant to Bank of America’s $17 billion
settlement with DOJ, the States of California, Delaware, Illinois, Maryland, and New York and
the Commonwealth of Kentucky. BDO is assisting the Monitor validate that Bank of America
has met its obligation to provide $9 billion of consumer relief activities designed to help
distressed borrowers.
Reference:
Prof. Eric D. Green, Esq.
Monitor
Resolutions, LLC
125 High Street, Suite 2205
Boston, MA 02110
(617) 556-0800
ericdgreen@resolutionsllc.com
5. C itigrou pRM B S S ettlem ent
BDO was selected by the Monitor appointed pursuant to a Citigroup Inc.’s $7 billion
settlement with DOJ, the States of California, Delaware, Illinois, and New York and the
Commonwealth of Massachusetts. BDO is assisting the Monitor validate that Citigroup, Inc. has
met its obligation to provide $2.5 billion of consumer relief activities designed to help distressed
borrowers.
18

 Reference:
Thomas J. Perrelli, Esq.
Monitor
Jenner & Block LLP
1099 New York Avenue, NW
Washington, DC 20001
(202) 639-6004
tperrelli@jenner.com
6. JP M organ C hase RM B S S ettlement
BDO was selected by the Monitor appointed pursuant to a JPMorgan’s $13 billion
settlement with DOJ, the States of California, Delaware and Illinois and the Commonwealth of
Massachusetts. BDO is assisting the Monitor validate that JPMorgan Chase has met its
obligation to provide $4 billion of consumer relief activities designed to help distressed
borrowers.
Reference:
Joseph A. Smith, Esq.
Monitor
Poyner Spruill LLP
301 Fayetteville Street, Suite 1900
Raleigh, NC 27601
(919) 783-1064
joe.smith@jasmithmonitoring.com
7 . O ffice of M ortgage S ettlem entO versight(“O M S O ”)
BDO is assisting Joseph Smith, Monitor of the $25 billion mortgage servicing settlement,
as the Office of Mortgage Settlement Oversight’s primary professional firm. The settlement
addresses mortgage loan servicing and foreclosure abuses by the nation’s five largest mortgage
servicers, including Bank of America, Citi, Ally (now Ocwen Financial Corporation and Green
Tree Servicing, LLC), Chase and Wells. Subsequently, SunTrust became a party to the
Settlement. BDO is working with the Monitor and his team for a period of four years as they
oversee the implementation of the Settlement entered into by the foregoing mortgage servicers,
the U.S. government and Attorneys General and other officials of 49 states and the District of
Columbia. In this context, BDO is responsible for, among other things, oversight of five other
professional firms assigned to review the work of one or more of the mortgage servicers.
Reference:
Joseph Smith, Esq.
Monitor
Office of Mortgage Settlement Oversight
301 Fayetteville Street, Suite 1900
19

 Raleigh, NC 27601
(919) 783-1064
joe.smith@mortgageoversight.com
8 . Gu lf C oastC laims Facility(“GC C F”)
BDO was retained by the GCCF, pursuant to legislation and oversight and direction by
the DOJ, to conduct an independent evaluation of the GCCF, the facility established when BP
turned over decision-making authority to Kenneth R. Feinberg to review claims and distribute
over $20 billion to individuals and businesses who had been harmed by the Deepwater Horizon
oil spill. BDO’s independent evaluation focused on setting forth an explanation of the GCCF’s
formation and operations, reviewing claim outcomes for possible errors and addressing certain
concerns raised by claimants, public officials and other stakeholders. In executing this
engagement, BDO assembled a team of over 130 professionals, including employees of BDO,
BDO International member firms and BDO alliance firms, as well as a limited number of
subcontractors.
Reference:
Brian Hauck, Esq.
Deputy Assistant Attorney General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 616-4171
brian.hauck@usdoj.gov
9. N ew Y ork C onvention C enterD evelopmentC orporation (Jacob K.Javits
C onvention C enter)
BDO was selected to serve as the Independent Monitor for the renovation of the Jacob K.
Javits Convention Center. BDO has performed an independent analysis of formal project
controls and procedures to identify any weaknesses or deficiencies, and to recommend
improvements. BDO also has reviewed the project team’s roles, responsibilities and
qualifications. BDO has developed and implemented an independent management assessment
program. Additionally, BDO is conducting independent audits and/or forensic investigations and
have developed enhanced oversight systems and controls in response to our findings. Mr.
Mitchell was involved in this engagement while employed by BDO.
Reference:
Barbara P. Lampen
President
New York Convention Center Development Corporation
633 Third Avenue
New York, NY 10017
212-803-3110
20

 blampen@esd.ny.gov
10.A O L Time W arner
In connection with a settlement reached with the SEC, BDO was retained by AOL/Time
Warner at the direction of the SEC to evaluate hundreds of millions of dollars of advertising
revenues recorded by AOL prior and subsequent to its merger with Time Warner. BDO’s
procedures included, but were not limited to, assessing the flow of funds for evidence of roundtripping transactions; applying data mining techniques to identify patterns and trends between
AOL and its advertisers and vendors; and interviewing vendors, customers and relevant AOL
and Time Warner employees and executives.
Reference:
Timothy E. Hoeffner, Esq.
DLA Piper
One Liberty Place 1650 Market Street, Suite 4900
Philadelphia, Pennsylvania 19103-7300
(215) 656-3341
timothy.hoeffner@dlapiper.com
C .

Tom Rapone
1. N antu cketP olice D epartment

Mr. Rapone was the principal of a team retained to do a management review of the
Nantucket Police Department.
Reference:
Libby Gibson, Town Manager
Town of Nantucket
16 Broad St.
Nantucket, MA 02554
(508) 228-7255
Libby.gibson@nantucket.gov.us
2. C ityof P eabod y,M A P olice D epartm ent
Mr. Rapone was the principal of a team retained to do a management review of the City
of Peabody Police Department.
Reference:
John Blodgett, District Attorney
Essex County District Attorney’s Office
10 Federal St.
21

 Salem, MA 01970
(978) 745-6610
John.blodgett@state.ma.gov
3. C ityof N orwood ,M A S election C om mittee
As a member of the committee, Mr. Rapone participated in the selection of the City of
Norwood’s Police Chief and Fire Chief.
Reference:
John Carroll, City Manager
City of Norwood, MA
(781) 762-1240
jcarroll@norwoodma.gov
4. Irwin C ou ntyD etention C enter
Mr. Rapone oversaw the implementation of ICE’s then newly developed detention
standards.
Reference:
Barbara Walrath, Warden
Irwin County Detention Center

5. W oonsocketRhod e Island P olice D epartment
Mr. Rapone was the principal of a team retained to do a management review of the
Woonsocket Police Department.
Reference
Mayor Susan Menard (retired)
City of Woonsocket
169 Main St.
Woonsocket, Rhode Island 02895
Webmaster@woonsocket.org
D.

Jack M itchell

Mr. Mitchell shares Ms. Rohde’s references with respect to the NYC District Council of
Carpenters’ monitorship and BDO’s references for the Jacob Javits Convention Center
monitorship; Barbara Jones, a Carpenters’ monitorship reference, is the Monitor for his BIC
engagement and thus also serves as the reference for that engagement.
22

 E.

S aintC onsu lting

The following individuals have experience working with Saint Consulting.
References
John L. Talvacchia, Esq.
Eckert Seamans
Two International Place
16th Floor
Boston, MA 02110
617.342.6833
jtalvacchia@eckertseamans.com
Ben Purser
FBI Senior Supervisory Resident Agent (Retired) and founder of Purser Security
Consulting Group.
330 Franklin Road
Suite 135A-148
Brentwood, TN 37027.
615-788-0858.
ben@pscg.biz.
V.

P roposed A ctivities
A .M eetings and D ialogu e

As noted in the Executive Summary, Ms. Rohde and other team members will have
inaugural meetings with DOJ, USAO ND Ohio, City of Cleveland, CDP and Community Police
Commission, as well as others. In addition to holding these initial meetings in order to identify
the goals and concerns of all interested constituencies, the monitorship team will foster
continuing productive dialogue, both through regular meetings and informal communication with
these constituencies, in order to benefit from their collective knowledge and experience while
working toward achieving constitutional policing and increased trust in the CDP.
As the monitoring team’s law enforcement expert, Mr. Rapone will be involved in
meetings and other opportunities for dialogue throughout the course of the monitorship. Mr.
Rapone, in turn, expects to draw on the expertise of Larry Ellison. Mr. Ellison has almost 30
years of experience in the police department with over 25 years as a detective. He is also the
current President of the Massachusetts Association of Minority Law Enforcement Officers
(“MAMLEO”), having held that position since January 2009. With his many years of experience
from working in law enforcement, as well as his deep insight from running MAMLEO, Mr.
Ellison is expected to be especially helpful in facilitating dialogue with all constituencies.
B .P olicies and P roced u res
During its first year, the monitorship team will undertake a number of important,
23

 foundational activities. This will include thorough review and analysis of all policies and
procedures (unless the Consent Decree provides a different timetable), and making any necessary
recommendations regarding refining them in theory or practice, so as to have the building blocks
in place for all other reform efforts. Ms. Rohde and Mr. Rapone will bring their expertise to bear
on this review to ensure that the reform effort as a whole is built upon a strong foundation. Mr.
Ellison is also expected to assist by recommending refinements to policy and procedures that are
rooted in practical experience. Another building block will be CDP’s recruitment policy and
strategic recruitment plan, to which Messrs. Rapone and Ellison can provide considerable
expertise.
The objective is to facilitate development and implementation of the building blocks of
reform early in the monitorship, so that the improvements can become embedded and monitoring
activities can assist with further refinements.
C .Training
Also during the first year, the monitorship team will give significant attention to training
programs, including for use of force and crisis intervention, and to the proposed training
schedule, in order to begin the process of transforming theory to practice. Mr. Rapone, with
input from Mr. Ellison, will be critical to this effort. Currently, the Massachusetts Department of
State Police, which Mr. Rapone formed by consolidating a number of agencies as discussed
above, offers a training module, in addition to its racial profiling curriculum, called “Fair and
Impartial Policing” or “FIP.” This program was produced with funds from the DOJ’s Office of
Community Oriented Policing Services (“Cops Office”) that allowed Dr. Lorie Fridell, FIP’s
founder, along with other experts on curriculum design, to bring bias training into the law
enforcement field. See Exhibit B (Fair and Impartial Policing handout). Mr. Rapone has had
discussions with Dr. Fridell regarding the possible addition of this exciting and modern training
program to the CDP’s approach. We would explore this option with all interested constituencies
early in the monitorship.
D .C om mu nityS u rveys and Related O u treach
The monitoring team will also undertake the initial community survey during the early
days of the monitorship. Gaining real feedback from a truly representative sample of the
community, including demographic groups traditionally under-represented in political or
marketing surveys, requires development of a survey program consisting of live caller and
electronic data gathering, as well as door-to-door and street-level outreach. This person-toperson field outreach component will be critical to ensuring deep and representative reach into
all facets of the community, as opposed to survey methods generally designed to target voters or
shoppers. Ensuring sufficient data for representative community, neighborhood and
demographic sub-groups will require a sample size equal to or greater than 1,000 respondents.
This survey program will provide a solid baseline and a replicable tracking study for the duration
of the monitoring period. Using multiple modes of data gathering ensures representative data
and input from all demographic groups.
After consultation with CDP supervisors and DOJ representatives, Saint Consulting will
design a plan for gathering data from police personnel and recently detained arrestees. Access to
24

 these groups presents unique challenges and requires further information and discussions on how
best to proceed.
Community outreach programs designed to rebuild relationships, educate and inform the
public about changes in policies and procedures and build mutual trust are crucial to program
success. Saint Consulting will work with all parties to design and implement programs that
leverage existing groups, relationships and local events to rebuild trust, and educate, inform and
develop critical relationships.
No amount of systemic or cultural change within the CDP will matter if the public is
unaware of the change. Relationships and education are vital. Our program will be designed to
build an infrastructure for a sustained mutually beneficial community dialogue that continues
long after the monitoring period has ended, using community meetings, telephone town halls,
social media and local event opportunities.
Social media tools provide a unique and highly effective opportunity to build an
infrastructure for a sustained and beneficial community dialogue. We will be able to create and
moderate an online platform that will allow constructive, active, real-time conversations to occur
within the community, including all stakeholders. The benefits for broad inclusion, stakeholder
engagement, relationship building, educating, and informing, as well as dealing with rumors and
misinformation, are exceptional. These tools are designed to be sustainable and effective far
beyond the monitoring period.
E .D ataA nalytics,C ompliance Reviews and O u tcom e M easu rements
Preliminarily, the monitorship team must assess the CDP’s IT capabilities, specifically,
what if anything needs to be done to improve data collection, search and analysis, as well as
record keeping. Such improvements would help the CDP identify key facts regarding its police
practices issues (e.g., with respect to discriminatory policing), and help the CDP enhance its
practices, as well as facilitate the monitoring team’s work. The BDO component of the team will
be very involved in this part of the engagement.
Also relying on BDO’s expertise, the monitorship team will develop a plan for
conducting compliance reviews and outcome measurements, as well as recommend any
necessary changes to the outcome measurements set forth in the Consent Decree. BDO will also
develop methodologies for reliably auditing and reviewing the CDP’s compliance with the
Consent Decree. A protocol will be established whereby certain members, including BDO
analysts (with the exact number depending on the volume of documents and other information),
will review and analyze pertinent CDP data on a regular basis and liaise with Ms. Rohde and Mr.
Rapone regarding the implications. Investigator Mitchell, and other investigators if necessary,
will augment the data review and analysis by conducting interviews (with Ms. Rohde and/or
other team members participating as warranted), and observing what goes on in practice.
Within the first year of the monitorship, the team will conduct its first outcome
measurement assessment. Additional outcome measurement assessments will follow in keeping
with the Consent Decree.
25

 F. Frequ encyof P roposed A ctivities
The monitoring team expects that the first year of the monitorship would require the most
substantial time commitment. This is based on the need for constructive, foundational meetings
with DOJ, USAO ND Ohio and City of Cleveland representatives, the CDP and the Commission,
as described above; and the directive in the Consent Decree that the CDP develop (or improve)
and implement numerous policies, procedures, attendant training initiatives, staffing analyses,
budgets, a recruitment strategy and plan, and other building blocks for reform, and that the
monitor review and make recommendations regarding the CDP’s efforts, as well as develop its
own plan for compliance reviews and outcome measurement assessments, all within the first year
following the effective date of the agreement.
The second year and third years will also require a significant time commitment. The
monitoring team will need to be in the position to provide input as the CDP implements its new
(or enhanced) policies, procedures and initiatives, so that recommendations as to refinements can
be provided with alacrity and continuing progress toward achieving the goals of the Consent
Decree can be made. Additionally, the Consent Decree has requirements for training that occur
at 1½ years (development of training to insure bias free policing) and 2 years (delivery of all
training), which the monitoring team will review and assess. The monitoring team must also
conduct an additional Biennial Community Survey and produce a comprehensive outcome
assessment at 2½ years.
The remaining years of the monitorship will require a focused, but likely less substantial,
time commitment, as the team focuses on compliance reviews, the last Biennial Community
Survey and other efforts to assess the sustainability of reform.
With respect to the number of hours to be devoted to specific aspects of the project,
please see the Cost Estimate attached as Exhibit C. It contains estimated hours for various
professionals for each of the five years, which together with hourly rates, underlie the Cost
Estimate.
As to hours expected to be spent on site in Cleveland, Ms. Rohde and senior members of
the team, including Mr. Rapone and BDO team members, will initially spend several hours a
month in Cleveland, meeting with the various constituencies. The monitoring team members
will utilize the office that we understand will be provided by the CDP so that they can liaise with
members of CDP with ease as they become familiar with police operations and practices and also
to facilitate their meetings with community representatives. Additionally, as previously
mentioned, BDO has offices in Cleveland that may be used. During the first year in particular,
Ms. Rohde expects to maintain a regular presence by being in Cleveland approximately eight
days a month for several hours each day. Mr. Rapone also expects to maintain a regular
presence in Cleveland. They may spend more time in Cleveland than this at the outset of the
monitorship, and will adjust their time upward or downward based on the circumstances.
Saint Consulting, led by Mr. Fox and supported by a team he thinks appropriate to
conduct the Biennial Community Survey, will also be in Cleveland during the first few months
of the monitorship to conduct the initial survey, every two years thereafter to conduct additional
surveys and at other times to work on community outreach. Saint Consulting staff will detail and
26

 execute the community outreach plan and facilitate community dialogue. They will be working
remotely or on site in Cleveland as necessary.
With respect to reporting, the monitoring team will file written reports with the Court
every six months as specifically detailed in the Consent Decree.
The above, of course, is a summary based on the public record as it exists to date. The
monitoring team will adapt its approach based on circumstances as they develop.
V I.

P otentialC onflicts of InterestorB ias

Mintz Levin has conducted a search for conflicts, as have BDO and Saint Consulting, and
has not discovered any potential or perceived conflicts of interest. Specifically, no commonality
of interest or adversity with the City of Cleveland or the CDP was discovered. Messrs. Rapone
and Mitchell similarly report no potential or perceived conflicts.
While this is not viewed as a potential conflict, a number of individual team members,
i.e., Ms. Rohde and Messrs. Rapone and Weld, were employed by DOJ and/or a U.S. Attorney’s
Office in excess of eight years ago. Mr. Mitchell was cross-designated as a Deputy U.S.
Marshal, also in excess of eight years ago, and Mr. Mich was cross-designated as a Special
Assistant U.S. Attorney over 20 years ago.
We note that attorneys at Mintz Levin regularly represent individuals in connection with
DOJ investigations and cases, as well as with respect to matters before other U.S. agencies,
commissions or departments. Ms. Rohde currently represents individuals in connection with
DOJ investigations and SEC matters, none of which involve the U.S. Attorney’s Office for the
Northern District of Ohio. As indicated in the References section above, BDO is currently
involved in a number of monitorships in DOJ matters. BDO professionals have also represented
individuals and companies in matters pending before the DOJ, SEC and other federal
government agencies. Additionally, intermittently between 2009 and 2011 and while employed
by BDO, Mr. Mitchell worked on an engagement for the U.S. Attorney’s Office for the Eastern
District of New York.
V II. E stimated C osts
Please see the Cost Estimate attached as Exhibit C. The estimated total cost for a fiveyear monitorship i
ith an estimated “not expected to exceed cost” of
Like the Proposed Activities, the Cost Estimate has been developed based on the public record as
it exists to date. Circumstances may affect the number of hours required and the distribution of
hours among various activities. Additionally, the categories of activities, or cost items, broadly
reflect the team’s undertakings.
With respect to technical assistance, the number and types of systems and data has not yet
been provided and the time associated with understanding them could significantly change.
Additionally, the estimate is based on working with knowledgeable IT resources who can explain
the data and the systems; if such resources are not available, that will impact fees. Similarly, if
extremely large data sets need to be analyzed or intricate and disparate systems are required for
analysis, the fees will change accordingly.
27

 Finally, as indicated in the notes on the chart, the estimated hours set forth for some of
the professionals, e.g., Ms. Rohde, reflect hours anticipated to be worked by that professional
and others within their organization who are assisting on the project.
***

In conclusion, Bridget Rohde and her team would welcome the opportunity to serve as
Independent Monitor of the Cleveland Division of Police. Any questions regarding this
application may be directed to Ms. Rohde.
Dated: New York, New York
July 8, 2015

Respectfully submitted,

Bridget Rolfde, Esq.
Mintz, Levin, Cohn, Ferris, Glovsky
and Popeo, P.C.
666 Third Avenue
New York, NY 10017
(212)692-6883
bmrohde@mintz.com

28

 EXHIBIT 

CDP MONITORING APPLICATION: ROHDE

Cleveland Division of Police (CDP) Independent Monitor RFP

Page 1

Policy Review

Cost Item

Budget
*Year 1 of 5
Biennial Community Surveys
and Related Outreach Work

Training Assessment

Meetings
Parties / Constituents

Report Writing

Compliance Reviews, Outcome
Assessment and Technical Assistance

Base Year Total

Direct Labor
R
Bridget M. Rohde
 William F. Weld / William "Mo" Cowan
 Brian J. Mich / Anthony M. Lendez
 Stephanie L. Giammarco
 Thomas C. Rapone
 Jack Mitchell
 Saint Consulting
- Survey
- Community Outreach
- Digital
Total Labor Hours
Total Labor Dollars
Total Direct Labor
Office Space
Other Direct Costs (e.g., Equip. & Supp.;
Materials)

H
600
10
100
0
600
300
0
0
0
1,610

D

R

H
300
0
0
0
300
100

D

R

0
0
0
700

H
25
10
0
0
25
0

D

R

0
0
0
60

H
300
10
50
0
50
100

D

R

0
0
0
510

H
75
10
25
0
50
0
0
0
0
160

Travel
Subcontractors
 Dr. Lorie Fridell
Fair and Impartial Policing (FIP)
 Larry Ellison
Total Price
R = Rate
H = Hours
D = Dollars (Rate X Hours = Dollars)

Policy Review includes review of policies, procedures, staffing, budgets and other items set forth in the Consent Decree, as well as incident reviews.
Labor Costs for Bridget M. Rohde contemplates the oversight involvement of Ms. Rohde with assistance of associates and project analysts as needed.
Labor Costs for Brian Mich/Anthony Lendez contemplates the oversight involvement of Messrs. Mich and Lendez with assistance from other team members to assist with compliance reviews and related activities.
Labor Costs for Stephanie Giammarco contemplates the oversight involvement of Ms. Giammarco with assistance from other team members to assist with information technology and data analytics.
Labor Costs for Dr. Lorie Fridell are listed as an estimated annual aggregate amount. This figure includes Dr. Fridell's travel costs.
Labor Costs for Larry Ellison are based on a maximum of 16 hours per month, with an hourly rate o

1

D

R

H
200
0
400
1,400
0
100
0
0
0
2,100

D

H
1,500
40
575
1,400
1,025
600

D

0
0
0
5,140

 Cleveland Division of Police (CDP) Independent Monitor RFP

Page 2

Policy Review

Cost Item

Budget
*Year 2 of 5
Biennial Community Surveys
and Related Outreach Work

Training Assessment

Meetings
Parties / Constituents

Report Writing

Compliance Reviews, Outcome
Assessment and Technical Assistance

Base Year Total

Direct Labor
R
Bridget M. Rohde
 William F. Weld / William "Mo" Cowan
 Brian J. Mich / Anthony M. Lendez
 Stephanie L. Giammarco
 Thomas C. Rapone
 Jack Mitchell
 Saint Consulting
- Survey
- Community Outreach
- Digital
Total Labor Hours
Total Labor Dollars
Total Direct Labor
Office Space
Other Direct Costs (e.g., Equip. & Supp.;
Materials)

H
500
6
10
0
300
200
0
0
0
1,016

D

R

H
300
0
0
0
300
100

D

R

0
0
0
700

H
25
10
0
0
25
0

D

R

0
0
0
60

H
300
7
50
0
50
100

D

R

0
0
0
507

H
75
10
25
0
50
0
0
0
0
160

Travel
Subcontractors
 Dr. Lorie Fridell
Fair and Impartial Policing (FIP)
 Larry Ellison
Total Price
R = Rate
H = Hours
D = Dollars (Rate X Hours = Dollars)

Policy Review includes review of policies, procedures, staffing, budgets and other items set forth in the Consent Decree, as well as incident reviews.
Labor Costs for Bridget M. Rohde contemplates the oversight involvement of Ms. Rohde with assistance of associates and project analysts as needed.
Labor Costs for Brian Mich/Anthony Lendez contemplates the oversight involvement of Messrs. Mich and Lendez with assistance from other team members to assist with compliance reviews and related activities.
Labor Costs for Stephanie Giammarco contemplates the oversight involvement of Ms. Giammarco with assistance from other team members to assist with information technology and data analytics.
Labor Costs for Dr. Lorie Fridell are listed as an estimated annual aggregate amount. This figure includes Dr. Fridell's travel costs.
Labor Costs for Larry Ellison are based on a maximum of 16 hours per month, with an hourly rate of $

2

D

R

H
100
0
350
1,200
0
75
0
0
0
1,725

D

H
1,300
33
435
1,200
725
475

D

0
0
0
4,168

 Cleveland Division of Police (CDP) Independent Monitor RFP

Page 3

Policy Review

Cost Item

Budget
*Year 3 of 5
Biennial Community Surveys
and Related Outreach Work

Training Assessment

Meetings
Parties / Constituents

Report Writing

Compliance Reviews, Outcome
Assessment and Technical Assistance

Base Year Total

Direct Labor
R
Bridget M. Rohde
 William F. Weld / William "Mo" Cowan
 Brian J. Mich / Anthony M. Lendez
 Stephanie L. Giammarco
 Thomas C. Rapone
 Jack Mitchell
 Saint Consulting
- Survey
- Community Outreach
- Digital
Total Labor Hours
Total Labor Dollars
Total Direct Labor
Office Space
Other Direct Costs (e.g., Equip. & Supp.;
Materials)

H
400
5
10
0
200
100
0
0
0
715

D

R

H
300
0
0
0
300
100
0
0
0
700

D

R

H
25
10
0
0
25
0

D

R

0
0
0
60

H
250
5
50
0
25
50

D

R

0
0
0
380

H
75
4
25
0
50
0
0
0
0
154

Travel
Subcontractors
Total Price
R = Rate
H = Hours
D = Dollars (Rate X Hours = Dollars)

Policy Review includes review of policies, procedures, staffing, budgets and other items set forth in the Consent Decree, as well as incident reviews.
Labor Costs for Bridget M. Rohde contemplates the oversight involvement of Ms. Rohde with assistance of associates and project analysts as needed.
Labor Costs for Brian Mich/Anthony Lendez contemplates the oversight involvement of Messrs. Mich and Lendez with assistance from other team members to assist with compliance reviews and related activities.
Labor Costs for Stephanie Giammarco contemplates the oversight involvement of Ms. Giammarco with assistance from other team members to assist with information technology and data analytics.

3

D

R

H
100
0
350
1,200
0
50
0
0
0
1700

D

H
1,150
24
435
1,200
600
300

D

0
0
0
3,709

 Cleveland Division of Police (CDP) Independent Monitor RFP

Page 4

Policy Review

Cost Item

Budget
*Year 4 of 5
Biennial Community Surveys
and Related Outreach Work

Training Assessment

Meetings
Parties / Constituents

Report Writing

Compliance Reviews, Outcome
Assessment and Technical Assistance

Base Year Total

Direct Labor
R
Bridget M. Rohde
 William F. Weld / William "Mo" Cowan
 Brian J. Mich / Anthony M. Lendez
 Stephanie L. Giammarco
 Thomas C. Rapone
 Jack Mitchell
 Saint Consulting
- Survey
- Community Outreach
- Digital
Total Labor Hours
Total Labor Dollars
Total Direct Labor
Office Space
Other Direct Costs (e.g., Equip. & Supp.;
Materials)

H
300
5
10
0
200
100
0
0
0
615

D

R

H
250
0
0
0
250
50
0
0
0
550

D

R

H
25
10
0
0
25
250

D

R

0
0
0
310

H
250
5
50
0
25
50

D

R

0
0
0
380

H
75
4
20
0
50
0
0
0
0
149

Travel
Subcontractors
Total Price
R = Rate
H = Hours
D = Dollars (Rate X Hours = Dollars)

Policy Review includes review of policies, procedures, staffing, budgets and other items set forth in the Consent Decree, as well as incident reviews.
Labor Costs for Bridget M. Rohde contemplates the oversight involvement of Ms. Rohde with assistance of associates and project analysts as needed.
Labor Costs for Brian Mich/Anthony Lendez contemplates the oversight involvement of Messrs. Mich and Lendez with assistance from other team members to assist with compliance reviews and related activities.
Labor Costs for Stephanie Giammarco contemplates the oversight involvement of Ms. Giammarco with assistance from other team members to assist with information technology and data analytics.

4

D

R

H
50
0
300
1,000
0
50
0
0
0
1,400

D

H
950
24
380
1,000
550
500

D

0
0
0
3,404

 Page 5

Cleveland Division of Police (CDP) Independent Monitor RFP

Policy Review

Cost Item

Budget
*Year 5 of 5
Biennial Community Surveys
and Related Outreach Work

Training Assessment

Meetings
Parties / Constituents

Report Writing

Compliance Reviews, Outcome
Assessment and Technical Assistance

Base Year Total

Direct Labor
R
Bridget M. Rohde
 William F. Weld / William "Mo" Cowan
 Brian J. Mich / Anthony M. Lendez
 Stephanie L. Giammarco
 Thomas C. Rapone
 Jack Mitchell
 Saint Consulting
- Survey
- Community Outreach
- Digital
Total Labor Hours
Total Labor Dollars
Total Direct Labor
Office Space
Other Direct Costs (e.g., Equip. & Supp.;
Materials)

H
150
0
0
0
150
150
0
0
0
450

D

R

H
150
0
0
0
150
0
0
0
0
300

D

R

H
25
10
0
0
25
0

D

R

0
0
0
60

H
235
5
35
0
25
40

D

R

0
0
0
340

H
75
4
20
0
50
0
0
0
0
149

Travel
Subcontractors
Total Price
R = Rate
H = Hours
D = Dollars (Rate X Hours = Dollars)

Policy Review includes review of policies, procedures, staffing, budgets and other items set forth in the Consent Decree, as well as incident reviews.
Labor Costs for Bridget M. Rohde contemplates the oversight involvement of Ms. Rohde with assistance of associates and project analysts as needed.
Labor Costs for Brian Mich/Anthony Lendez contemplates the oversight involvement of Messrs. Mich and Lendez with assistance from other team members to assist with compliance reviews and related activities.
Labor Costs for Stephanie Giammarco contemplates the oversight involvement of Ms. Giammarco with assistance from other team members to assist with information technology and data analytics.

5

D

R

H
50
0
250
800
0
25
0
0
0
1,125

D

H
685
19
305
800
400
215

D

0
0
0
2,424

 Page 6

Cleveland Division of Police (CDP)
Independent Monitor RFP

Cleveland Division of Police (CDP) Independent Monitor RFP
Budget
Aggregate Costs - Years 1 Through 5
Cost Item
Total Price
Total Labor Dollars
Office Space
Other Direct Costs (e.g., Equipment &
Supplies; Materials)
Travel
Subcontractors

Years 1 Through 5 Total

6