Number 66, July 11, 2003:
Letter to the Department of Justice Regarding SSCRA

Mr. Peter D. Keisler
Assistant Attorney General Designate
U.S. Department of Justice, Civil Division
Room 3141
950 Pennsylvania Ave, NW
Washington, DC 20530

Dear Mr. Keisler:

The Reserve Officers Association (ROA), founded in 1922 and chartered by Congress in 1950, is the principal professional association for officers in the Reserve components of the uniformed services. Many of our members have been called to active duty, or have volunteered to return to active duty, or were already on active duty, and are participating in our nation’s response to the September 11 atrocities and in the likely upcoming operation against Iraq. Because many of our members have left civilian jobs for voluntary or involuntary service in the uniformed services, we are very concerned about effective enforcement of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), 50 U.S.C. Appx. Sections 590-593.

During Desert Storm, the last major call-up of Reserve Component soldiers, the Department of Justice signed a Memorandum of Understanding with the Department of Defense whereby the Department of Justice and the U.S. Attorneys around the nation agreed to make prosecution of Soldier’ and Sailors’ Civil Relief Act violations a priority for their offices. Please see the enclosed agreements. It is my understanding that these cases are referred to the DOJ Civil Division and to the U.S. Attorney Offices.

Most of the SSCRA protections, including enforcement of the six percent interest cap on loans and obligations, eviction relief for tenants, mortgage foreclosure protection, termination of pre-service leases, and prohibitions against self-help repossession of items purchased on installment contract including automobiles, require the creditor or lender or landlord to comply with the Act or suffer fines or criminal sanctions. The Department of Justice plays a leading role in enforcing this law that protects the financial well being of activated Reservists and their families. We are especially grateful for the role of the U.S. Department of Justice in the recent SSCRA case of Cathey v. First Republic Bank, 2001 U.S. Dist. LEXIS 13150 (W.D. La. 2001).

I am writing because it has come to my attention that in the vast majority of SSCRA cases filed in court the plaintiff has been represented by private counsel or (worse) has proceeded pro se, and in only a very small minority of cases has DoJ acted

as attorney for the plaintiff, as Congress intended. I realize that you have limited resources and that there are many demands on your department, but I respectfully suggest that enforcement of the SSCRA should be given high priority. These Reserve and National Guard service members are serving our country, often at a substantial loss of income and under circumstances involving significant personal danger. The least that we can do, as a grateful nation, is to ensure that they not suffer the loss of their homes and financial ruin because of their service to our country.

Please instruct the Civil Division and the 93 United States Attorneys to give the SSCRA a high priority and to ensure that meritorious SSCRA cases are litigated in a timely and diligent manner. Please confirm and renew the Desert Storm agreements with the U.S. Department of Defense to ensure strong enforcement of this Act. Our association stands ready to assist. It may be possible to get Reserve and National Guard judge advocates involved as Special Assistant United States Attorneys, if that would be helpful.

Very respectfully,

(Signed)
Robert A. McIntosh
Major General, USAFR (Ret.)
Executive Director