Damien M. Diggs

From Staff Reports

U.S. Attorney Damien M. Diggs announced he will resign as the chief federal law enforcement officer for the Eastern District of Texas later this month.

Diggs was nominated by President Joe Biden on Feb. 2, 2023, and unanimously confirmed by the U.S. Senate on May 4, 2023. He was sworn in as U.S. attorney on May 7, 2023.

“I will forever be grateful to President Biden, Attorney General (Merrick) Garland, and Senators John Cornyn and Ted Cruz for having confidence in me to serve our nation and the citizens of the Eastern District of Texas,” Diggs said in a press release. “This office and our committed local, state, and federal law enforcement partners go above and beyond daily to keep our communities safe, uphold the rule of law, and protect the civil rights of the citizenry. I count it a blessing to have assisted in these efforts.”

In a message to his office and law enforcement partners, Diggs said:

“It has been an honor and a privilege leading this district for the past two years. I can proudly say that the Eastern District, the state of Texas, and the United States are safer because of the great work being done here. During my tenure as U.S. Attorney, the work of this office has reached five continents in the pursuit of justice and has remained a leader in the fight against international criminal organizations, while simultaneously remaining an active and engaged partner in our communities in North and Southeast Texas.”

Diggs led an office of nearly 100 employees, including 50 prosecutors, across six fully staffed offices in Beaumont, Lufkin, Plano, Sherman, Texarkana, and Tyler. The district covers 43 counties, stretching from the Gulf of Mexico to the Oklahoma border, encompassing 29,000 square miles and a population of roughly 4.5 million.

Diggs focused the office’s efforts on public safety, combating fraud, waste, and abuse, civil rights, and community outreach.

Under Diggs’ leadership, the office said it achieved significant successes in criminal matters, obtaining notable victories in cases related to gun and gang violence, firearms trafficking, drug trafficking, public corruption, healthcare fraud, white-collar crime, cybercrime, national security issues, child exploitation, and human trafficking.

Diggs also expanded the office’s Project Safe Neighborhoods program by creating separate PSN programs in Beaumont, Longview, and Plano; established Operation Purple Ribbon, a domestic violence initiative targeting abusers for federal prosecution; surged investigations and prosecutions of commercial robberies; launched a carjacking task force in spring 2024, which resulted in a significant decrease in carjackings district-wide; and partnered with other Texas U.S. attorneys and the ATF to launch Operation Texas Kill Switch in summer 2024, targeting illegal machine-gun conversion devices, or “switches.” The initiative raised public awareness and resulted in multiple prosecutions.

Diggs continued the district’s prioritization of prosecuting large-scale drug trafficking organizations, primarily through the DOJ’s Organized Crime Drug Enforcement Task Force program. He emphasized targeting international drug cartels and oversaw one of the nation’s most productive extradition practices, particularly with respect to Colombia and Guatemala.

Under his leadership, the office obtained a 25-year sentence against a Colombian trafficker who coordinated maritime shipments of cocaine through Central America, extradited the leader of the Los Pochos drug trafficking organization, and successfully prosecuted a former senior Guatemalan official for aiding an international drug trafficker in smuggling cocaine through Guatemala for distribution in the United States.

The office’s Civil Division also experienced record successes under Diggs’ leadership. For example, the division negotiated a $97 million settlement with Walgreens to resolve allegations it billed government payors for prescriptions that were never dispensed. The division also reached a $21.75 million settlement with Medisca Inc. to resolve allegations it submitted false and inflated average wholesale prices for ingredients used in compounded prescriptions.

Diggs demonstrated a commitment to holding individuals accountable for defrauding the government. After obtaining a settlement with the bankrupt fintech company Kabbage, Inc. to receive a total unsubordinated general unsecured claim in the bankruptcy proceeding of up to $120 million, Diggs approved the United States’ intervention against three former executives of Kabbage, Inc.

The Civil Division also obtained a settlement with the CEO of a Texas hospital, who paid $5.3 million to resolve allegations under the False Claims Act involving illegal payments to physicians for laboratory referrals in violation of the Anti-Kickback Statute.

According to the office, Diggs dedicated himself to protecting the civil rights of Eastern District citizens, overseeing an investigation into the Texas Juvenile Justice Department that found violations of children’s rights. He also led efforts with Texas U.S. Attorneys and the Justice Department’s Civil Rights Division to address civil rights violations.

The Appellate Division achieved notable victories, including persuading the Fifth Circuit to affirm a 90-month sentence for a Colombian lawyer who falsely claimed she could prevent drug traffickers’ extradition, defending federal-programs bribery convictions of a local politician and her spouse, and securing the upholding of convictions for Aryan Circle gang members convicted of RICO conspiracy for violence and drug distribution.

Diggs prioritized community engagement, including fentanyl awareness through One Pill Can Kill presentations for students across the district. He also partnered with Texas U.S. Attorneys and state education leaders to provide statewide fentanyl awareness.

In collaboration with the Justice Department’s Community Relations Service, Diggs led United Against Hate presentations to raise awareness of hate crimes and discrimination, fostering connections between law enforcement and ethnic and religious communities, particularly those with members who have been reluctant to contact law enforcement for help.

Beyond his work in the Eastern District of Texas, Diggs was a member of several Attorney General Advisory Subcommittees on Violent Crime, White Collar/Fraud, Cybercrime/Intellectual Property, and Terrorism/National Security. He also served on a working group addressing FIRREA whistleblower issues.

Pursuant to the Vacancies Reform Act, First Assistant U.S. Attorney Abe McGlothin Jr. will succeed Diggs as Acting U.S. Attorney for the Eastern District of Texas until a successor is nominated by the president and confirmed by the Senate.

His resignation is effective at the end of the day Jan. 21.