Border Patrol investigation over kickbacks is criticized Susan Carroll
Republic Tucson Bureau
Jun. 1, 2005 12:00 AM
TUCSON - The U.S. Office of Special Counsel on Tuesday criticized the U.S. Border Patrol's investigations into allegations that agents in Arizona ran an extensive kickback scheme, calling a series of inquiries "deficient."
The Border Patrol's investigations stemmed from whistle-blower complaints that agents temporarily stationed in the border city of Douglas submitted doctored receipts for reimbursement or made kickback deals with landlords from January 2000 to April 2002. Rep. Jim Kolbe, R-Ariz., estimated in 2003 that the fraud, investigated by the Office of Inspector General, cost taxpayers "hundreds of thousands of dollars."
But years after the allegations first surfaced, the Border Patrol had not taken any disciplinary action, according to the OSC, an independent agency created to protect whistle-blowers. Internal investigations by the Border Patrol found no evidence of a cover-up or criminal wrongdoing.
The OSC asked for an inquiry by then-Homeland Security Secretary Tom Ridge, who released a report in March 2004 citing 45 instances of proposed disciplinary action. It was unclear Tuesday what action was taken or how many agents were involved. Border Patrol officials did not return phone calls late Tuesday.
The OSC criticized the Homeland Security investigation for not addressing allegations by whistle-blowers that the Border Patrol knew about the scheme and failed to act.
"Owning to the sheer numbers involved, it stretches credulity that 45 employees at a single Border Patrol station engaged in a kickback and fraud scheme for a number of years and warranting severe discipline without the knowledge of the management," the OSC said in the statement.
Special Counsel Scott J. Bloch called for a more thorough investigation and forwarded a report Tuesday to Congress and President Bush.
In the statement, Bloch warned that "there is a real risk of creating the appearance of a whitewash" by not more thoroughly investigating supervisors.
The report by the Office of Inspector General found that some agents in southeastern Arizona took advantage of daily stipends paid by the federal government.
For example, an agent temporarily assigned to Tucson from San Diego could be reimbursed up to $55 a night for lodging. The agents would pay $35 a night and get a receipt for $55, investigators said.