An example of how legacy US Customs used to manipulate the US Treasury's OIG

An example of how legacy US Customs used to manipulate the US Treasury's OIG in order to retaliate against Customs employees who tried to use their U.S. Constitutional Rights

On December 16, 1999, RICHARD I. LEAF, Special Agent in Charge (SAC), Office of Inspector General (OIG), Office of Investigations, U.S. Department of the Treasury, P. O. Box 723, El Segundo, CA 90245 sent a memorandum to MICHAEL C. TARR, Assistant Inspector General for Investigations regarding a complaint.

RICHARD I. LEAF had already decided to open an investigation under case number 1999-0567 regarding a referral from the U.S. Customs Service’s (Customs) Office of Internal Affairs (OIA) HQ, Washington, D.C. basically directing LEAF’s office to investigate this writer for telling “a subject arrested for smuggling marijuana into the United States, not to cooperate with agents of the USCS, Office of Investigations (OI). It was also alleged that this writer asked a special Assistant U.S. Attorney be released from custody, however, once released, the subject failed to appear in court.

I cannot conceive nor ever believe how bad the U.S. Customs Service under Raymond W. Kelly and William Keefer really wanted me fired and suffer a series of acts of retaliation and harassment. I strongly ask our readers to please read this story and you decide if the agencies and units mentioned that are now operating under the names of U.S. Department of Homeland Security’s (DHS) Office of Inspector General (OIG) and the U.S. Immigration and Customs Enforcement’ (ICE) Office of Professional Responsibility, and Office of Investigations.

I not only blame Kelly and Keefer for trying to retaliate and discriminate against this writer for having filed a class action EEO complaint against Customs in 1995, but also the Inspector General of the U.S. Department of the Treasury for allowing these trumpeted investigations to be opened and thousands or millions of taxpayers’ dollars wasted on this type of questionable investigations that went nowhere. The OIG used to reject a high number of good investigations referring them back to Customs to investigate, but not this one. Besides, the Customs Service was asking the OIG to open an investigation.

I will make a pause here and mention the fact that after Raymond W. Kelly and William A. Keefer were running Customs, Customs OIA hired numerous Treasury’ OIG agents. I know of several of them who came over, including VERONICA QUINN, a former Treasury OIG who investigated me several times. I reviewed the federal bribery statutes word by word and line by line. I believe that KELLY and KEEFER with the assistance of ROBERT W. WEBER (currently the ICE SAC Tampa), the Customs OIA manager who used to write most of KEEFER’s letters; made a deal with these former Treasury’s OIG in exchange for a job slot. Unfortunately some of these managers went to Customs (OI).

FOIA documents I obtained in 2002 reflect that OIG agents even went to the Lompoc Federal Prison to interview the marijuana smuggler known to me as JOHN SMITH (This writer is not using this marijuana smuggler real name.  Instead he will be calling him JOHN SMITH). This writer changed the alleged true name given to us.

On March 10, 2000, I provided a sworn affidavit to an OIG agent investigating the allegation. Nothing came out of this investigation, but I believe the American taxpayer has the right to know how our dollars are being wasted on cases like this one and the alleged threat complaint by ERIC PETERSON.  The PETERSON's case deserves a separate notebook.

The Customs’ OI El Centro, CA requested that OIA respond to the Imperial County Jail regarding a drug smuggler who had “corruption” information on Customs inspectors. Since I was the Resident Agent in Charge for Customs OIA, El Centro, CA and my duty agent was under “limited duty” I had to respond to the Imperial County Jail where the suspect was being held.

Question No. 1: why Customs OI agents failed to contact my OIA office when they had the subject in custody? Why the call was made on a Sunday and not when SMITH was in custody?

I arrived at the jail where I met with my OIA agent. We both interviewed a heavy set man who told me that his name was JOHN SMITH. He related some very interesting stories about corruption and Customs inspectors being on the take, how he witnessed the payment to one particular inspector residing in Calexico. Inmate SMITH stated that Customs OI agents took him around Calexico where he allegedly identified some “drug stash” houses.

We conducted a professional interview of a cooperating criminal. As Customs internal affairs policy, we always tell our sources, especially, and especially those who are working for the Customs’ Office of Investigation or other agency; as standard procedure we tell the source not to discuss any internal affairs (integrity) information with no one, including the Customs’ OI special agents. This is basic Customs internal affairs 101. If we had documented the source, he/she would have to sign an internal affairs non-disclosure agreement.

We showed SMITH a photo spread of some possible inspectors based on the physical description he gave us. SMITH positively handpicked one. This was like a dream coming true for an honest internal affairs investigator.

SMITH told us that he knew where the Customs inspector resided. Since SMITH was to be taken before the U.S. Magistrate first thing in the morning, I had to talk to the Special Assistant U.S. Attorney (SAUSA) about SMITH. SMITH had promised to show OIA agents the house of the Customs inspector, plus he “bragged” knowing several other border inspectors who where corrupt.

Unfortunately our office and the Customs OI office were always at war. One of the reasons was that some OI agents were given access to our files and were assigned to the Southwest Border Corruption. In fact, one of my star OIA agents wrote a memorandum to me expressing some serious concerns that a particular OI’s group supervisor was talking to much about our corruption cases, which we shared with the FBI.

I remember telling SMITH not to discuss our conversation with no one about the Customs inspector he handpicked for a number of reasons. Also, Customs OIA’s policy requires that any employee or source of information must sign a non-disclosure form. What if SMITH was lying? In brief, we had to move fast and go through the drill. SMITH asked me if it was OK to tell the Customs OI agents about our conversation. My response was, absolutely NOT. Now, can the U.S. Treasury, OIG SAC Richard LEAF call my actions, illegal acts, criminal acts, or acts against Treasury’s policy?

Monday morning, I went to personally see the SAUSA between 8-9 am. I don’t remember the name of the SAUSA but he was assisting the then AUSA Pete Lewis when Pete was on leave.

I asked the SAUSA for permission and authorization to release SMITH to Customs OIA and OI special agents. I expected to see a supervisor or special agent Breslin who had already made some type of deal with the suspect. The SAUSA after given some serious consideration agreed but only because PUBLIC CORRUPTION was involved, which used to take precedent over any other case (s). Sorry, but the Customs Inspector SMITH hand-picked from the photo spread was White-Caucasian and non-Hispanic.

We assured and told the SAUSA that as soon as we had SMITH in our custody and went through our formal IA processing as a confidential source, we still needed to have his body.

After I related what SMITH promised, he still seemed not 100% positive. I assured him, that if SMITH was to cooperate, he will have to do several things for us. Sorry but I cannot disclose the procedure involved.

The SAUSA advised that he would talk to the U.S. Magistrate. Next, I called my immediate supervisor. I am not sure if it was CHARLES “SHEP” HARRISON or THOMAS P. RYBCZYK and briefed my supervisor.

Next, before the commencement of the hearings before the U.S. Magistrate, I went to meet with the U.S. Marshals. I spoke with the senior deputy U.S. Marshal and told him that I had already consulted with the SAUSA about SMITH and that he approved the conditional release of SMITH and told him NOT TO RELEASE SMITH TO NOONE without calling me and my office. My last stop was the U.S. Probation office. I spoke with a U.S. Probation Officer and told him that I had already consulted with the SAUSA about SMITH and to please call my office before SMITH is released.

Before 9:00 a.m., Customs (OI) group supervisor GEORGE HALCON called me to discuss “certain matters” I knew that HALCON was very upset. HALCON challenged me to meet him outside. I ran to the office building hallway and saw HALCON using/calling me from a payphone. I told HALCON that if he wanted to talk to me, that he was welcomed to meet me in my office. I wanted to avoid a physical confrontation or a fight with HALCON. Several allegations had been filed against him for his way of communicating with the public and border inspectors. Yet, I don’t recall him being disciplined.

After 11:00 a.m. I got worried about SMITH. I went to the U.S. Marshal’s office and spoke with the same senior deputy. I asked him why he never called me as I asked him to do. His response: the Customs OI (special agent MICHAEL BRESLIN and others took him away).  Customs OI special agent BRESLIN had been the agent who originally adopted SMITH's marijuana case from the Calexico's Customs inspectors. 

Later in the evening, I received a cell phone call from SMITH calling me from the Calexico, CA area. I asked him why he never came to see me. His response was that he had been showing some more houses to Customs (OI) agent Breslin.

That was the last time I heard from SMITH, when he called me from Calexico, CA.  I wanted to have him showed me the alleged house where the corrupt Customs Inspector resided.  However, thanks to the lack of cooperation displayed by our counterparts, Customs' Office of Investigations, Customs internal affairs were denied the right to conduct an official investigation.  In essence, the Customs employees responsible for allowing SMITH ti get away and not cooperate with our Customs OIA were the OI special agents, supervisor and manager.  If RICHARD I. LEAF would have followed US Treasury's OIG proper policy and procedure, his office could have charged the Customs employee who filed a complaint against this writer with making false statements, obstruction of justice, conspiracy just to name a few charges.

Now, the facts and in accordance with Customs OIA policy and federal criminal law: I had enough information to ask for a federal indictment of special agent Breslin, his group supervisor, and possibly the senior deputy US Marshal for obstruction of an internal affairs investigation.

Yet the U.S. Customs (KELLY, KEEFER, WEBER and other) asked RICHARD I. LEAF to investigate me for obtaining the release of SMITH and for SMITH’s failure to meet again with his Customs OI special agent’s handler (SA BRESLIN). I had nothing to do with SMITH escape. As to the release from custody, my understanding is that another Customs OI supervisor also met with him and asked for his release.

How can RICHARD I LEAF justify the opening of an investigation of this writer if I never had SMITH in my custody? I was accused of being responsible for his escape and not reporting back to the Customs OI agents. It is too bad that I was not allowed to file criminal charges against SMITH and all of the Customs OI special agents involved. If SHEP HARRISON was my then SAC, I can understand why: he was a very weak and timid. He used to be manipulated by the FBI and the Customs SAC (OI) office. The latest of SHEP HARRISON was that he got promoted to be the SAC (SES) San Antonio, Texas and that he was being a bully and coward (a former Customs OIA senior special agent whom I have a great respect used to call him coward...and years later I realized he was correct) who in 2000 or 2001, he was in the process of terminating (firing) a Hispanic special agent who had testified in 1992 before the U.S. Congress’ hearings on corruption and serious mismanagement in the Treasury Department and Customs Service.

Later SMITH was arrested on a federal arrest warrant and subsequently was convited.  Treasury's OIG SAC special agents went to the Lompoc Federal Prison to interview SMITH regardin this writer's actions. 

Mr. RICHARD I. LEAF, hope some day you and your friend LORAINE BROWN, and CHARLES "SHEP" HARRISON will be judged by your peers of 12 in a federal criminal trial.  You all abuse your authority and became, the investigator, prosecutor and judge.   

On March 21, 2000, I was interviewed by US Treasury's OIG agents about the SMITH incident and had to provide a sworn affidavit. 

Currently, this writer is trying to find a legal way to make RICHARD I. LEAF and anyone retired pay-back all of the American taxpayers’ dollars wasted in several other cases that Customs asked them (LEAF’s office) to conduct on this writer.

Also this writer is trying to let the U.S. Congress know that RAYMOND W. KELLY is a liar and that he committed perjury on June 13, 1996 during his U.S. Senate hearing for his confirmation as Undersecretary for Enforcement, U.S. Department of the Treasury. He was asked about a conflict of interest when he was working in the private sector. KELLY answered NO more than once. He did have a big conflict of interest when he was president of IGI involving a tobacco company. This topic requires a separate story. The fact is that this month of July 2009, KELLY testified before some U.S. Congressional committee. KELLY should not be allowed to keep lying and testifying before the U.S. Congress. Unfortunately, I have no control on what the U.S. Congress does

Epilogue:

This writer believes that the U.S. Customs Service and later ICE discriminated, retaliated and harassed him for being Hispanic and for having participated in the EEO process. We had this problem in the 1990sand we will be having them now and in 2010, until President Barack Obama and the U.S. Congress put a stop to this terrible injustice.

References

In the News Hate crimes against Latinos on the rise

By Patrick Young, Esq. CARECEN June 16, 2009 5:07 PM

A new report shows an increasing number of hate crimes against Latinos. Entitled "Confronting the New Faces of Hate" the report looks at the bigots in pinstripes who have helped stir the pot of hatred.

The above news story contains a link to a 50-page report titled:

Confronting the New Faces of Hate: Hate Crimes in America

http://www.longislandwins.com/blog/in_the_news/hate_crimes_against_latinos_on.php?page=email

Upcoming real life stories:  How Customs and now ICE use employees of the Labor & Employment Relations (LER) Unit and lawyers assigned to handle discipline.  The LER employee HARRY G. ANDERSEN who processed this writer's  advserse action along with lawyer Dyann Medina and KEEFER for unauthorized disclosure, made some sarcastic remarks (FOIA material) where he wrote something like..."here he (this writer) was reporting an agent for unauthorized disclosure when he was doing the same" - I will be submitting another FOIA request for information as to what action Customs OIA took against HARRY G. ANDERSEN for discussing confidential and personal Customs official disciplinary and adverse information with his in-living girl friend (a non-Customs employee) and sister of a Customs OI manager in 1998.  The complainant filed this complaint with this writer on January 11, 2000 assuming that he was still was with Customs OIA.  This writer in turn faxed a Report of Interview to KEEFER's office.  According to the complainant, in 1998, a report was filed with the local internal affairs office but that no action was taken.