Crimes by Homeland Security agents stir alert

Arrests of Homeland Security agents on bribery and drug charges have a top executive of the agency worried.

Bribery. Drug trafficking. Migrant smuggling.

U.S. Customs and Border Protection is supposed to stop these types of crimes. Instead, so many of its officers have been charged with committing those crimes themselves that their boss in Washington recently issued an alert about the ''disturbing events'' and the ``increase in the number of employee arrests.''

Thomas S. Winkowski, assistant commissioner of field operations, wrote a memo to more than 20,000 officers nationwide noting that employees must behave professionally at all times -- even when not on the job.

''It is our responsibility to uphold the laws, not break the law,'' Winkowski wrote in the Nov. 16 memo obtained by The Miami Herald.

Winkowski's memo cites employee arrests involving domestic violence, DUI and drug possession. But court records show Customs officers and other Department of Homeland Security employees from South Florida to the Mexican border states have been charged with dozens of far more serious offenses.

Among them: A Customs and Border Protection officer at Fort Lauderdale-Hollywood International Airport was charged in February with conspiring to assist a New York drug ring under investigation by tapping into sensitive federal databases.

Winkowski, a former director of field operations in Miami, called the misconduct ''unacceptable.'' He told The Miami Herald that while he wrote the memo because of an uptick in employee arrests last fall, he didn't believe the problem was pervasive.

''Do I believe this is widespread in our organization? No, I do not,'' he said in an interview Tuesday. ``Are there examples where we fall short? Yes.''

Two highly controversial issues, illegal immigration and national security, have thrust the Department of Homeland Security into the public eye as it labors to prevent another terrorist attack in the post-9/11 era.

The bureaucratic behemoth grew out of a controversial consolidation five years ago of several agencies, including the U.S. Customs Service and Immigration and Naturalization Service.

Employees of both joined either Customs and Border Protection or Immigration and Customs Enforcement, known for their acronyms CBP and ICE.

CBP handles the border, airports and seaports, while ICE investigates immigration and customs law violators.

''We as an agency are constantly policing ourselves so that the public trust is not diminished as a result of inappropriate activity, whether it's on the job, off the job, criminal or not criminal,'' said Zachary Mann, a special agent and spokesman for Customs and Border Protection in Miami.

Some Immigration and Customs Enforcement employees also have been caught up in episodes of alleged misconduct. But Anthony Mangione, the special agent in charge of Immigration and Customs Enforcement in Miami, said he was not aware of any increase in criminal or administrative actions ``even though we have had a substantial increase in personnel since the merger.''

UNDER WRAPS

Federal authorities normally keep administrative incidents quiet. But officials cannot control publicity in the event of serious criminal behavior, like the February case involving the Border Protection officer at Fort Lauderdale-Hollywood International Airport.

Elizabeth Moran-Toala, a six-year veteran, allegedly accessed an electronic database known as Treasury Enforcement Communications System, a tool to stop illegal drug imports.

According to an indictment, she is accused of tapping into the system several times to pass along information to a Delta Airlines baggage handler who was conspiring with a drug ring to transport cocaine and heroin from the Dominican Republic to New York. Moran-Toala, 36, was transferred to New York in February for prosecution.

Other recent South Florida cases -- mirroring a pattern along border states -- have involved officers and agents accepting payoffs for migrant smuggling, drug trafficking, witness tampering, embezzlement and rape.

Agency managers say these cases reflect individual criminal behavior, not the culture of the agencies.

But some longtime employees said administrative incidents, like hostile confrontations or heavy drinking, may reflect the low morale and intense rivalries following the merger of federal agencies under Homeland Security.

Some employees from the old Immigration and Naturalization Service are the most vocal in their complaints. They bitterly denounce employees who came from the old Customs Service for ''seizing control'' of both CBP and ICE, ''lording it over'' former INS employees and showing disdain toward immigration-related work.

Expected to improve efficiency, the merger has instead spawned tension. Both Border Protection and Customs Enforcement scored near the bottom in a 2007 survey of employee satisfaction at 222 federal government agencies.

''It's become a cultural clash, tensions between officers from the merged agencies,'' said a Customs and Border Protection officer who asked not to be identified because he did not have authorization to speak publicly. ``There's low morale and tension. Some people drink; others take it out on their colleagues or supervisors. It's no fun anymore.''

Mangione dismissed the notion that employee misbehavior is a result of post-merger friction. ``It's somebody being a criminal.''

Mangione, who came from Customs, noted Gabriel Garcia, second-in-command in the Miami Immigration and Customs Enforcement office, came from INS.

ATTACK AT PARTY

The tension may have been a factor in a Jan. 11 brawl between two ICE employees at a Broward police association hall. During a retirement party, an ICE supervisor with a Customs background allegedly attacked an ICE agent with an INS background.

According to an internal document on the episode obtained by The Miami Herald, ICE group supervisor Mack Strong assaulted ICE senior special agent Francisco Meneses at the party.

The altercation began when Strong used profanity to refer to another officer, also from INS, and Meneses asked Strong not to use such an expletive.

''Strong came at me again, grabbing me and throwing me down to the floor, where he continued to physically strike me with his fists,'' Meneses wrote in a memo that went to Mangione.

Neither Meneses nor Strong wanted to speak on the record.

Mangione said the case is being investigated: `` It was turned over to the Office of Professional Responsibility and there it lies.''

FBI denies file exposing nuclear secrets theft

THE FBI has been accused of covering up a key case file detailing evidence against corrupt government officials and their dealings with a network stealing nuclear secrets.

The assertion follows allegations made in The Sunday Times two weeks ago by Sibel Edmonds, an FBI whistleblower, who worked on the agency’s investigation of the network.

Edmonds, a 37-year-old former Turkish language translator, listened into hundreds of sensitive intercepted conversations while based at the agency’s Washington field office.

She says the FBI was investigating a Turkish and Israeli-run network that paid high-ranking American officials to steal nuclear weapons secrets. These were then sold on the international black market to countries such as Pakistan and Saudi Arabia.

One of the documents relating to the case was marked 203A-WF-210023. Last week, however, the FBI responded to a freedom of information request for a file of exactly the same number by claiming that it did not exist. But The Sunday Times has obtained a document signed by an FBI official showing the existence of the file.

Edmonds believes the crucial file is being deliberately covered up by the FBI because its contents are explosive. She accuses the agency of an “outright lie”.

“I can tell you that that file and the operations it refers to did exist from 1996 to February 2002. The file refers to the counterintelligence programme that the Department of Justice has declared to be a state secret to protect sensitive diplomatic relations,” she said.

The freedom of information request had not been initiated by Edmonds. It was made quite separately by an American human rights group called the Liberty Coalition, acting on a tip-off it received from an anonymous correspondent.

The letter says: “You may wish to request pertinent audio tapes and documents under FOIA from the Department of Justice, FBI-HQ and the FBI Washington field office.”

It then makes a series of allegations about the contents of the file – many of which corroborate the information that Edmonds later made public.

Edmonds had told this newspaper that members of the Turkish political and diplomatic community in the US had been actively acquiring nuclear secrets. They often acted as a conduit, she said, for Inter-Services Intelligence (ISI), Pakistan’s spy agency, because they attracted less suspicion.

She claimed corrupt government officials helped the network, and venues such as the American-Turkish Council (ATC) in Washington were used as drop-off points.

The anonymous letter names a high-level government official who was allegedly secretly recorded speaking to an official at the Turkish embassy between August and December 2001.

It claims the government official warned a Turkish member of the network that they should not deal with a company called Brewster Jennings because it was a CIA front company investigating the nuclear black market. The official’s warning came two years before Brewster Jennings was publicly outed when one of its staff, Valerie Plame, was revealed to be a CIA agent in a case that became a cause célèbre in the US.

The letter also makes reference to wiretaps of Turkish “targets” talking to ISI intelligence agents at the Pakistani embassy in Washington and recordings of “operatives” at the ATC.

Edmonds is the subject of a number of state secret gags preventing her from talking further about the investigation she witnessed.

“I cannot discuss the details considering the gag orders,” she said, “but I reported all these activities to the US Congress, the inspector general of the justice department and the 9/11 commission. I told them all about what was contained in this case file number, which the FBI is now denying exists.

“This gag was invoked not to protect sensitive diplomatic relations but criminal activities involving US officials who were endangering US national security.”