March 19, 2002
Office of the Inspector General
TABLE OF CONTENTS
EXECUTIVE SUMMARY
CHAPTER ONE: INTRODUCTION
- Background
- OIG Investigation and Report
- Staffing and Investigative Process
- Organization of this Report
CHAPTER TWO: DOCUMENT MANAGEMENT IN THE FBI
- The FBI Field Structure
- Documents and Other Physical Items
- Document Processing in the Field Offices
- The OKBOMB Task Force
- Document Processing at the Task Force
- Automated Case Support
CHAPTER THREE: ANALYSIS OF THE CAUSES OF THE BELATED PRODUCTION OF DISCOVERABLE ITEMS
- Discovery
- Federal Discovery Rules
- OKBOMB Discovery Agreement
- Discovery Process
- Task Force Attempts to Obtain Discoverable Material From the Field
- Number and Description of Belated Documents
- Causes of the Belated Documents: The Field Offices
- Field Office Explanations
- Did the Field Offices Fail to Send Material to the Task Force?
- Originals
- Airtels
- Reasons Why OKBOMB Materials Were Not Sent to the Task Force
- Use of Teletypes Rather than FD-302s and Inserts
- Resident Agencies
- Leads Generated from Auxiliary Offices
- Confidential Informant Files
- Non-Pertinent Information
- Failure to Respond Properly to OKBOMB Task Force Teletypes in 1995-1997
- Other Incidents Involving Discovery Problems
- Causes of the Belated Documents: The OKBOMB Task Force
- Did the Task Force Receive Documents from the Field that the Task Force Failed to Disclose to the Defense?
- Belated Documents Found in the OKBOMB Files
- Airtels
- Copies Found in the Field Offices
- Indicia of Problems with Document Management at the Task Force
- Reasons Why Items May Have Arrived at the Task Force But Not Been Disclosed to the Defense
- Complex Paperflow System
- Temporary Duty Personnel
- Computer Systems
- FOIMS computer system lacked document management capabilities
- ACS
- Transition to ACS
- Other information management systems and quality control measures
- Rapid Start Information Management System
- ZyIndex
- Did the Government Intentionally Withhold Exculpatory Evidence from the Defense During 1995-1997?
- Evidence Showing Lack of Intent to Conceal Exculpatory Information
- OIG Investigation of Defense Claims
- Defense Exhibit 9
- Defense Exhibit 10
- Defense Exhibit 11
- Defense Exhibit 12
- Defense Exhibit 13
- Defense Exhibit 14
- Defense Exhibits 16 and 17
- Defense Exhibit 19
- Ricardo Ojeda Documents
- OIG Analysis
CHAPTER FOUR: EVENTS OF 2000-2001
- Chronology
- The Archival Process Begins
- January 2001: Field Offices Send Material to Oklahoma City
- January 30, 2001, Electronic Communication from Richmond to Field Offices
- White, Teater, and Defenbaugh Reactions to News about the Potential Problem
- February 2001
- Reviewing the Field Office Materials
- Reactions to the February Review Process
- March 2001
- White and Defenbaugh Travel to Oklahoma City
- Richmond Sends Another Electronic Communication to the Field
- Communications with Oklahoma City SAC and FBI Headquarters
- Vernon Tells White about Buffalo Documents
- April 2001: The Review Process Continues
- May 2001: Notification of Prosecutors, FBI Headquarters, and Department of Justice
- Monday, May 7, 2001
- Tuesday, May 8, 2001
- Wednesday, May 9, 2001
- Thursday, May 10, 2001
- Court Proceedings
- OIG Analysis
- Danny Defenbaugh
- Mark White
- William Teater
- Richard Marquise
- Peggy Richmond and Linda Vernon
CHAPTER FIVE: FBI HEADQUARTERS' ACTIONS AFTER LEARNING OF THE BELATED DOCUMENTS
- Chronology of FBI Headquarters' Actions
- Baltimore Sends Material to Oklahoma City, and FBI Headquarters Learns that Field Offices Continue to Possess OKBOMB Materials
- May 11, 2001, EC: Headquarters Instructs the Field to Conduct Another Search for OKBOMB Material
- May 12, 2001, EC: Headquarters Demands Explanations from the Field
- May 16, 2001: Telephone Call by the FBI Deputy Director to All FBI SACs
- Additional Telephone Calls from Headquarters
- May 18, 2001, EC
- FBI Analysis of the "Second Wave" Materials
- OIG Analysis
CHAPTER SIX: RESPONSES BY FIELD OFFICES TO 2000-2001 REQUESTS FOR INFORMATION
- Field Office Failures to Respond Properly to Leads
- Inaccurate Responses
- Baltimore, Maryland Field Office
- Columbia, South Carolina Field Office
- New York City, New York Field Office
- Denver, Colorado Field Office
- Newark, New Jersey Field Office
- Philadelphia, Pennsylvania Field Office
- Inaccurate Responses to the May 12, 2001, Electronic Communication
- Failure to Respond Adequately to Leads
- Untimely Responses
- OIG Analysis
- Destruction of Documents
- Destruction Policies
- Destruction of OKBOMB Documents by Field Offices
- Columbia Division's Missing Documents
CHAPTER SEVEN: OIG RECOMMENDATIONS
- Information Management
- Commitment to Automation and Focus on Information Management
- Simplification of Record Keeping
- A User Friendly and Reliable System
- Tracking Information
- Retrieving Information
- Integrated Databases
- Training
- Other Recommendations
- Leads
- Lead Tracking
- Temporary Duty Personnel
- Administrative File Reviews
- IMAs (Rotors)
- Post-Case Review
- Development of Protocols
- Destruction of Documents
CHAPTER EIGHT: CONCLUSION
APPENDIX: Not Available Electronically
- EXHIBIT 1: FBI Organizational Chart from 1995
- EXHIBIT 2: Organizational Chart for an FBI Field Office
- EXHIBIT 3: Sample FD-302
- EXHIBIT 4: Sample Insert
- EXHIBIT 5: Sample 1-A Envelope
- EXHIBIT 6: Sample Teletype
- EXHIBIT 7: Sample Airtel
- EXHIBIT 8: Sample Electronic Communication
- EXHIBIT 9: November 15, 1996, Teletype from the Director to all Field Offices and Legats
- EXHIBIT 10: Overcount of Belated Documents
- EXHIBIT 11: Sample FD-209
- EXHIBIT 12: December 20, 2000, EC from Shackelford
- EXHIBIT 13: January 30, 2001, EC from Richmond
- EXHIBIT 14: Series of E-mails among White, Vernon, and Richmond
- EXHIBIT 15: March 15, 2001, EC from Richmond
- EXHIBIT 16: May 8, 2001, Letter from Defenbaugh to Connelly
- EXHIBIT 17: May 9, 2001, Letter from Connelly to Defense Counsel