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Facts and Figures 2003

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Public Corruption

The FBI's highly sensitive public corruption investigations focus on all levels of government (local, state, and federal) and include allegations of judicial, legislative, regulatory, contract, and law enforcement corruption. Law enforcement corruption accounts for more than one-third of the current corruption investigations. These cases typically involve law enforcement officers accepting money to protect (or facilitate) drug-trafficking and organized criminal activity. Uncovering cases of public corruption is a unique FBI responsibility.

PUBLIC CORRUPTION CASE: COLOR OF LAW
On April 8, 1999, Orange, New Jersey, Police Department (OPD) Officer Joyce A. Carnegie was shot and killed after confronting a robbery suspect. On April 11, 1999, Earl D. Faison was arrested as the suspect in Officer Carnegie's murder. While in police custody, Faison subsequently died as a result of complications from asthma. Another suspect ultimately confessed to the murder.

Faison's family alleged police brutality during his arrest and incarceration, and in April 1999, the FBI's Newark Field Office initiated a Color of Law investigation. They conducted numerous interviews, crime scene analyses, and extensive use of the federal grand jury. On June 20, 2000, five OPD officers were indicted by a federal grand jury in the District of New Jersey. All five were convicted of beating Faison.

PUBLIC CORRUPTION CASE: COLOR OF LAW
On October 19, 1999, Rafael A. Perez, a now former officer with the Los Angeles Police Department (LAPD), began confessing to local prosecutors about a number of criminal acts performed by him and several other LAPD officers assigned to the Rampart District. The FBI initiated an investigation. In exchange for leniency on a state cocaine theft charge and immunity from prosecution for other local crimes, Perez began cooperating with local prosecutors. He revealed that on October 12, 1996, Javier F. Ovando, an arrestee who was unarmed and handcuffed, was shot multiple times by Perez and Nino Durden. After the shooting, the officers planted a sawed-off .22 caliber rifle on the victim, filed false criminal charges against him, and testified falsely at his criminal trial.

On February 9, 2001, Durden admitted his role in the shooting and subsequent cover-up involving Ovando. He entered guilty pleas and is awaiting sentencing.

On November 29, 2001, Perez was charged with firearms violations and conspiracy. He entered into a plea agreement with the government, admitted to his role, and is awaiting sentencing. Ovando served three years of a 23-year sentence before he was released.