Department of Justice Seal


FOR IMMEDIATE RELEASE	CRM

WEDNESDAY, FEBRUARY 18, 1998 (202) 514-2008

TDD (202) 514-1888

STATEMENT OF THE CRIMINAL DIVISION

REGARDING THE INSPECTOR GENERAL'S REPORT ON THE BICYCLE CLUB

Although the Criminal Division has not had an opportunity to review the Inspector General's final Audit Report of the "Bicycle Club," we believe an earlier draft we did review was flawed in several ways.

In comments to the Inspector General, the Criminal Division pointed out numerous errors of fact and interpretation in the draft report. Despite those comments the Inspector General's press release suggests that many of the errors identified by the Criminal Division remain in the final Report.

For example, although the Criminal Division explained, in a point-by-point rebuttal of the draft report, that the preseizure planning, though minimal, was adequate in the circumstances of the case and certainly had not resulted in any later problems, the press release repeats the draft report's inaccurate conclusion that a lack of preseizure planning led to other (unspecified) problems. Similarly, while the draft report and the press release criticize the Department for not appointing a single, high-level decision-maker to control the sale of the

government's interest, there is no evidence that such an appointment would have had any effect upon the disposal of the government's interest.

Importantly, in its critique of the draft report, the Criminal Division did agree with most of the report's recommendations, noting that, in fact, most of those recommendations had indeed been the course followed in the "Bicycle Club" case. However, the Criminal Division critique specifically warned that "blindly following some of the recommendations will, in some cases, prove injurious." An examination of the text of our critique, which we understand from the press release is attached to the final report, details those areas in which the Criminal Division disagreed with the Inspector General's draft.

The draft report contained numerous errors of fact and drew, in our view, mistaken conclusions concerning the Department's preseizure planning and disposal efforts in this matter. The authors' incomplete "chronology of significant actions and events," set in the context of a case of complex facts and law, regrettably appears to have led to a report containing factual errors, discovering erroneous "lessons learned" and, in some cases, proposing inflexible rules, which, if followed in all cases, would inappropriately impair the effectiveness of the asset forfeiture program.

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