USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 10 |
The Investigations
Division |
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The
Investigations Division investigates allegations of bribery, fraud, abuse, civil rights
violations, and violations of other laws and procedures that govern Department of Justice
employees, contractors, and grantees. |
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
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Investigations Division
Overview and Highlights
The Investigations Division
(Investigations) investigates allegations of bribery, fraud, abuse, civil rights
violations, and violations of other laws and procedures that govern Department employees,
contractors, and grantees. Investigations develops cases for criminal prosecution and
civil and administrative action. In many instances, the OIG refers less serious
allegations to components within the Department for appropriate action and, in the more
important cases that are referred, reviews their findings and disciplinary action taken.
Investigations carries out its mission through the work of its special agents who are
assigned to offices across the country. Currently, Investigations has 11 field
offices located in Washington, D.C. (2 field offices¾the Washington Field Office and
Fraud Detection Office), Chicago, El Paso, Los Angeles, McAllen, Miami, New York, San
Diego, San Francisco, and Tucson, and 7 smaller, area offices located in Atlanta,
Boston, Colorado Springs, Dallas, El Centro, Houston, and Seattle. Investigations
Headquarters, in Washington, D.C., consists of the immediate office of the Assistant
Inspector General and four branches: Operations, Investigative Support, Information
Resource Management, and Policy and Administration.
Geographic areas covered by the field offices are indicated on the map below. In
addition, the San Francisco office covers Alaska, the San Diego office covers Hawaii, and
the Miami office covers Puerto Rico and the U.S. Virgin Islands.
During this reporting period, Investigations received 4,315 complaints. We opened
353 investigations and closed 352. We made 78 arrests involving
33 Department employees, 38 civilians, 4 Department contract personnel, and
3 grantees. Convictions resulted in 37 individuals receiving sentences up to
210 months' incarcaration and $1,789,090 in fines, recoveries, and orders of
restitution. As a result of OIG investigations, 33 employees and 14 contract
employees received disciplinary action, including 31 who were terminated. In
addition, 32 employees, including 3 contractors, resigned either during or at
the conclusion of our investigations.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 12 |
Significant Investigations
Racketeering
- In the Southern District of California, an INS immigration inspector assigned to the San
Ysidro Port-of-Entry was arrested on federal racketeering charges, alien smuggling, and
importation of controlled substances. An 18-month investigation by the San Diego Border
Corruption Task Force, composed of the OIG San Diego Field Office, FBI, DEA, and U.S.
Customs Service, led to an indictment alleging that the immigration inspector used his
official position to permit entry of certain designated vehicles and individuals into the
United States from Mexico without proper inspection and examination in exchange for money.
The investigation led to the apprehension of 23 aliens who the immigration inspector
allowed to enter the country without proper inspection documents. Additionally, the
immigration inspector allowed four separate loads of marijuana totaling more than
3,500 pounds, which was later intercepted, to enter the United States. In return for
these acts, the immigration inspector was paid about $350,000. The immigration inspector
is the first alleged smuggler of immigrants to be charged under federal racketeering laws.
Bribery
- In the Eastern District of New York, an INS supervisory asylum officer was arrested on
charges of bribery and obstruction of justice. A 2-year joint investigation by the OIG New
York Field Office and FBI led to an indictment alleging that the supervisory asylum
officer altered hundreds of decisions in INS' computer system causing the original
assessments written by asylum officers to change from a court referral to a grant of
political asylum. Albanian and Yugoslavian nationals paid several civilian middlemen
$1,000 to $4,000 for each political asylum decision fraudulently granted by the
supervisory asylum officer. Four middlemen and four Albanian and Yugoslavian nationals
were arrested on charges of bribery, conspiracy, and document fraud. As a result of this
investigation, INS revised its computer security by instituting procedures specifically
designed to deter and detect internal fraud and abuse.
- An investigation conducted by the OIG Miami Field Office and INS in the U.S. Virgin
Islands resulted in the arrest of a Jordanian national for bribery of a public official
and conspiracy. This 6-month investigation revealed that the Jordanian national approached
an INS special agent and offered $250,000 to obtain a naturalization certificate for an
applicant who could not pass the naturalization test. Before being arrested, the Jordanian
national made two bribe payments totaling $5,000 to the undercover INS special agent
posing as a corrupt employee. Two additional arrest warrants have been issued for
individuals believed to be currently out of the country.
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Saturday, August 21, 1999 San Diego North County Times |
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The Los Angeles Times Tuesday, August 3, 1999 |
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USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
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Significant Investigations
- A former Border Patrol agent, previously assigned to the Hebbronville Border Patrol
Station, was arrested, pled guilty to charges of bribery of a public official, and was
sentenced to 24 months' incarceration. He also pled guilty to conspiracy to
distribute marijuana and was sentenced to 63 months' incarceration. The sentences are
to be served concurrently. An investigation by the McAllen Field Office resulted in
evidence that the former agent offered more than $20,000 in cash to a Border Patrol agent
in exchange for information about the work schedules, number of Border Patrol agents on
duty, and the duty locations of the Hebbronville Border Patrol Station. The former Border
Patrol agent intended to use this information to facilitate his marijuana smuggling
operation, which was being investigated by DEA.
- In the Southern District of Texas, a supervisory Border Patrol agent assigned to the
Harlingen Border Patrol Station and a Cameron County schoolteacher were arrested on
charges of conspiracy to defraud the United States, bribery of a public official, making a
false document, and making a false entry in a document. A civilian immigration consultant
was arrested on charges of bribery of a public official. An investigation by the OIG
McAllen Field Office, assisted by the Border Patrol Anti-Smuggling Unit and FBI, led to an
indictment alleging that from July to October 1997 the immigration consultant directed
illegal aliens to the Border Patrol agent who gave them fraudulent documents to travel
into and remain in the United States. The schoolteacher allegedly transported some of the
aliens to the Border Patrol agent. The immigration consultant has pled guilty and awaits
sentencing. Judicial action is pending against the Border Patrol agent and the
schoolteacher.
The Brownsville Herald
Friday, September 3, 1999
- In the Eastern District of New York, a Bangladeshi national was arrested and pled guilty
to charges of bribery of a public official. The New York Field Office opened an
investigation following receipt of a complaint from the INS Rosedale Asylum Office that an
interpreter for a private law firm was attempting to bribe an INS employee in exchange for
favorable consideration of asylum applications. Working in an undercover capacity, the
assistant director of the asylum office engaged in numerous consensually monitored
meetings with the interpreter, during which the defendant paid the assistant director
approximately $70,000 for favorable consideration of asylum applications. Sentencing is
pending.
- In the Northern District of California, an El Salvadoran national and a Nicaraguan
national were arrested on charges of bribing a public official. An investigation by the
OIG San Francisco Field Office, assisted by INS and the U.S. Department of State, led
to a criminal complaint alleging that the El Salvadoran national arranged to have his
associate, the Nicaraguan national, pay a cooperating INS agent $7,000 to remove an INS
detainer lodged against his wife who was incarcerated on drug charges. The Nicaraguan
national also sought the INS agent's assistance in getting drug charges against himself
dismissed. The Nicaraguan national pled guilty to bribery charges and awaits sentencing.
The El Salvadoran national is awaiting trial.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 14 |
Significant Investigations
Drug Smuggling
- An investigation by the OIG Miami Field Office and the South Florida High Intensity Drug
Trafficking Area Task Force resulted in the arrest of an INS detention enforcement officer
on charges of conspiracy and possession with intent to distribute cocaine and heroin. This
9month investigation disclosed that the detention enforcement officer was part of a large
narcotic smuggling ring at Miami International Airport (MIA) that smuggled sham narcotics
from MIA to undercover agents in Northeast cities. He was paid $50,000 to transport
25 kilograms of sham cocaine. As a result of this investigation, a Broward County
Sheriff's Office correctional officer, a U.S. Department of Agriculture inspector, and
approximately 40 American Airlines employees also were arrested. Judicial proceedings
continue.
The Washington Post Thursday, Aug. 26, 1999
- In the Western District of North Carolina, a Border Patrol agent assigned to the
El Paso Border Patrol Station and a civilian were arrested on charges of conspiracy
to possess with the intent to distribute more than 500,000 units of Valium and more
than 250,000 units of Rohypnol, the "date rape drug." A joint investigation
by the OIG El Paso Field Office and U.S. Customs Service led to an indictment alleging
that the pair had been part of a drug smuggling conspiracy since March 1995. The
investigation revealed that the civilian was employed by a pharmacy in Mexico and that he
arranged for the drugs to be brought into the United States concealed in taxicabs. The
Border Patrol agent allegedly assisted in smuggling the drugs into the United States,
cashed money orders sent to him by a friend, and delivered the cash to the pharmacy in
Mexico to purchase drugs.
- Our March 1998 Semiannual Report to Congress reported on a McAllen Field Office
and FBI Corruption Task Force case in which an INS immigration inspectora member of
the Robles drug-trafficking organizationwas arrested for allowing more than
500 pounds of marijuana through a port-of-entry along the U.S.-Mexico border. Since
then, the immigration inspector pled guilty to charges of conspiracy and possession with
intent to distribute marijuana and was sentenced to 57 months' incarceration and
36 months' supervised release. INS terminated the immigration inspector as a result
of this investigation.
Introduction of Contraband
- A former BOP correctional officer assigned to the U.S. Penitentiary (USP) in Atlanta
pled guilty to Georgia State charges of violating the Controlled Substance Act. This joint
OIG Atlanta Area Office, FBI, and Conyers Police Department investigation established that
the former correctional officer received approximately one pound of marijuana, which he
admitted was for an inmate at USP Atlanta. He was sentenced to five years' incarceration
in a state prison.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 15 |
Significant Investigations
- A BOP contract employee assigned to the Federal Correctional Complex Beaumont as a
property inventory clerk and an inmate at USP Beaumont were arrested and pled guilty to
charges of using a telephone to distribute a controlled substance. An investigation by the
Houston Area Office established that the inmate used the prison telephone system to
coordinate the delivery of 112 grams of crack cocaine to the BOP clerk, who intended
to smuggle the drugs into USP Beaumont in exchange for $2,000. Sentencing is pending for
both defendants.
- In the Southern District of Illinois, a former UNICOR foreman, two inmates at the
Federal Correctional Institution (FCI) in Greenville, and two former inmates were arrested
on charges of conspiracy to possess marijuana with intent to distribute in a federal
prison. A 2-year investigation by the OIG Chicago Field Office and FBI revealed that the
current inmates used the former inmates to meet with BOP employees outside the facility
and provide them with controlled substances for introduction into the prison. In a sting
operation, the BOP employee was arrested after taking possession of a controlled substance
and agreeing to bring it into the facility. Trial is pending for all five defendants.
- In the Northern District of Florida, a former correctional officer assigned to FCI
Tallahassee was arrested and pled guilty to charges of bribery. This undercover Miami
Field Office investigation determined that the correctional officer accepted money to
provide inmates with contraband, including liquor, perfume, and cosmetics. The
correctional officer also admitted having sexual contact with two inmates at the facility.
He was sentenced to two months' incarceration, four months' home confinement, and three
years' supervised release.
- Our last Semiannual Report to Congress described a case in which a correctional
officer assigned to the Metropolitan Correctional Center in Manhattan and two ex-inmates
were arrested and convicted on federal narcotics and bribery charges in the Southern
District of New York. During this reporting period, the correctional officer was sentenced
to 210 months' incarceration and 60 months' supervised release. Sentencing is
pending for the two ex-inmates.
Fraud
- A former INS assistant district director for administration (ADDA) in the INS Boston
District Office was convicted by a federal jury on charges of filing false documents for
illegal aliens and was sentenced to 9 months' home confinement and one year of
supervised release and ordered to pay a $10,000 fine. A joint OIG New York Field
Office, FBI, and INS investigation developed evidence that the ADDA and her brother
arranged sham marriages for illegal aliens employed at Boston restaurants owned and
operated by the ADDA and her brother. The ADDA then assisted the illegal aliens in filing
false and fraudulent documents with INS to obtain legal resident status. Her brother pled
guilty to charges of marriage fraud and making false statements and was sentenced to
10 months' home confinement and 12 months' supervised release and ordered to pay
more than $20,000 in fines.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 16 |
Significant Investigations
- In the Middle District of Florida, a Florida State representative and the
representative's daughter surrendered and pled guilty to charges of program fraud. A
14month joint investigation by the OIG Miami Field Office and FBI revealed that the two
had misused a substantial portion of an Office of Juvenile Justice and Delinquency
Prevention (OJJDP) grant awarded to FAMCO, a not-for-profit day care center. The
Department paid $38,458 of the $100,000 grant before canceling it for noncompliance.
Both defendants await sentencing.
- In the Eastern District of Texas, a former INS deputy district director for deportation
pled guilty to charges of bank fraud. A Chicago Field Office investigation revealed that
the former employee made false statements to a bank where he obtained $100,000 in credit
using a false social security card and birthdate. He was sentenced to 13 months'
incarceration and 36 months' supervised release and ordered to pay $25,000 in
restitution.
- A Border Patrol agent assigned to the San Clemente Border Patrol Station pled guilty in
California State Court to charges of state insurance fraud. A joint investigation by the
OIG San Diego Field Office; the California Department of Insurance, Fraud Division; and
the National Insurance Crime Bureau resulted in evidence that the defendant made false
statements regarding his work status and received $10,000 in undeserved workers'
compensation benefits for an accident that occurred in 1994, prior to his employment with
the Border Patrol. He was sentenced to 24 months' probation and ordered to perform
250 hours of community service and pay $10,000 in restitution.
- Our September 1997 Semiannual Report to Congress described a case in the Middle
District of Florida in which a former assistant U.S. attorney (AUSA), a local defense
attorney, a retired deputy sheriff, and a DEA informant were arrested on charges of
conspiring to defraud the U.S. Government and obstruction of justice. During this
reporting period, the retired deputy sheriff was sentenced to 57 months'
incarceration and 24 months' supervised release. The DEA informant was sentenced to
63 months' incarceration and 36 months' supervised release. The former AUSA and
the defense attorney were acquitted.
Theft
- Our last Semiannual Report to Congress described a case in which a former INS
supervisory information officer was arrested and pled guilty to stealing more that $39,000
in application fees submitted by persons seeking immigration benefits. During this
reporting period, the information officer was sentenced to 12 months' incarceration
and 3 years' supervised release. She also was ordered to pay restitution of $39,040
through forfeiture from her government retirement fund and annual leave account.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 17 |
Significant Investigations
Alien Smuggling
- A former INS immigration inspector previously assigned to the San Ysidro Port-of-Entry
was arrested on charges of conspiracy to bring illegal aliens into the United States and
bringing in illegal aliens for financial gain. An investigation by the San Diego Field
Office led to an indictment filed in the Southern District of California alleging that the
immigration inspector, while on duty, smuggled numerous illegal aliens into the United
States. The illegal aliens paid the immigration inspector between $1,600 to $2,000 for his
services. In addition, four illegal aliens also were arrested as a result of this
investigation. Judicial proceedings continue.
THE L. A. TIMES THUR., JULY 29, 1999
Sexual Abuse
- A former BOP correctional officer assigned to FCI Dublin was arrested and pled guilty to
charges of sexual contact with inmates and making false statements. The San Francisco
Field Office investigation developed evidence that the correctional officer engaged in
sexual contact with at least three female inmates under his custody between 1994 and 1997
at the Federal Prison Camp and FCI Dublin and at the correctional officer living quarters.
He was sentenced to 5 months' incarceration, 5 months' home confinement, and
36 months' supervised release. He resigned his position with BOP as a result of the
investigation.
Tax Evasion
- Two Justice Management Division (JMD) accountants for OJP were arrested and pled guilty
in D.C. Superior Court to charges of tax fraud. This joint OIG Washington Field Office and
District of Columbia Office of Tax Revenue investigation established that the accountants
filed fraudulent tax returns for tax years 1996 through 1998. Both took advantage of their
knowledge of the District of Columbia's accounting and cross-checking procedures by
claiming bogus estimated tax payments and thereby increasing the amount of their refunds
at the end of the tax years. The accountants were sentenced to 3 years' and 5 years'
probation, respectively, and ordered to pay $13,995, and $17,563, respectively, to the
District of Columbia for restitution.
- An INS immigration inspector assigned to the San Luis Port-of-Entry was arrested on
charges of evasion of assessment and filing a false tax return. A joint investigation by
the OIG Tucson Field Office and IRS led to an indictment alleging that the immigration
inspector filed a false claim with IRS for the 1997 tax year. The defendant claimed his
taxable income as $25,315 with $4,413 in taxes due to the IRS. It is alleged that his
taxable income was $149,730.70 and that the tax owed on that sum was $46,448.71. Judicial
proceedings continue.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 18 |
Significant Investigations
Conflict of Interest
- A senior JMD official was charged with conflict of interest in a civil complaint filed
in U.S. District Court for the District of Columbia. This Washington Field Office
investigation resulted in evidence that the official entered into employment negotiations
with a Department contractor performing work for JMD. In September 1998, the official
oversaw the award of an additional contract to this contractor and soon thereafter
resigned from the Department to accept a position with the contractor. The complaint was
subsequently dismissed with prejudice pursuant to a settlement agreement between the
official and the U.S. Government.
Civil Rights
- In the Central District of California, a BOP correctional officer assigned to USP Lompoc
was alleged to have physically abused and used racial slurs toward a detained inmate. The
OIG Los Angeles Field Office and the Department's Civil Rights Division in Washington,
D.C., conducted the joint investigation. When faced with an interview, the employee
resigned from BOP. Prosecution was subsequently declined.
- Our September 1998 Semiannual Report to Congress first reported on a case in the
Southern District of Texas in which an INS immigration inspector was convicted on charges
of bribery, fraud, and deprivation of rights under color of law. An investigation by the
McAllen Field Office, assisted by the FBI, developed evidence that the immigration
inspector demanded sexual favors from a female Mexican citizen in return for fraudulent
immigration documents he had seized and that he committed a willful sexual assault while
acting under color of law. During this reporting period, the immigration inspector was
sentenced to 15 years' and 9 months' incarceration and 3 years' supervised
release. Following his release from prison, the immigration inspector must register as a
sex offender and is prohibited from pursuing any type of law enforcement employment.
USDOJ/OIG - Semiannual Report to Congress,
April 1, 1999 - September 30, 1999 |
Page 19 |
Investigations Statistics
The following chart summarizes the workload and accomplishments of Investigations during
the 6-month period ending September 30, 1999.
Investigations Statistics |
Source of Allegations |
Hotline (telephone and mail) |
582 |
Other sources |
3,733 |
Total allegations received |
4,315 |
Investigative Caseload |
Investigations opened this period |
353 |
Investigations closed this period |
352 |
Investigations in progress as of 3/31/99 |
527 |
Prosecutive Actions |
Criminal indictments/informations |
79 |
Arrests |
78 |
Convictions/Pleas |
70 |
Monetary Results |
Fines/Restitutions/Recoveries |
$1,789,090 |
Seizures |
$108,703 |
Bribe monies deposited to the Treasury |
$106,100 |