Category Archives: Hall of Shame

USCG Ho Chi Minh: Former Visa Chief Faces Charges of Conspiracy to Commit Visa Fraud and Bribery

This is not the kind of news you want to end the week, but here it is.   The former NIV Chief of USCG Ho Chi Minh City  Michael T. Sestak is facing charges of conspiracy to commit visa fraud and bribery.  McClatchy reports that the 42-year old FSO was arrested in Southern California about a week ago and held without bail. We have not been able to locate a copy of the unsealed complaint.  The promotion list published in afsa.org indicates that Mr. Sestak was promoted from an FS-03 to FS-02 in 2011.

Via Michael Doyle of McClatchy News

In a previously undisclosed criminal complaint, Foreign Service officer Michael T. Sestak faces charges of conspiracy to commit visa fraud and bribery in an alleged scheme that investigators say spanned several countries. In some cases, investigators say, desperate Vietnamese paid up to $70,000 each for visas granting legal entry to the United States.

The “co-conspirators” advertised that the charge would be between $50,000 and $70,000 per visa but also that they’d sometimes charge less, State Department investigator Simon Dinits said in an affidavit. “They also encouraged recruiters to raise the price and keep the amount they charged over the established rate as their own commission,” the affidavit said.

Investigators say the alleged conspiracy occurred while Sestak was handling non-immigrant visas in the U.S. consulate in Ho Chi Minh City. Sestak served in the consulate until last September, when he left in preparation for active-duty service with the Navy. By then, investigators say, an informant had tipped them to the alleged visa scheme.
[...]
From May 1, 2012, to Sept. 6, investigators say, the consulate received 31,386 non-immigrant visa applications and rejected 35.1 percent of them. During the same period, Sestak handled 5,489 visa applications and rejected only 8.2 percent of them, according to investigators.
[...]
“This opportunity will only last for a few more months, and after that it’s over,” one alleged co-conspirator wrote in a July 5 email quoted by Dinits.

Continue reading, Foreign Service officer made millions in visa-for-money scam, feds charge

– DS

 

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Filed under Consular Work, Court Cases, Foreign Service, FSOs, Hall of Shame, State Department, Visas

Name That Embassy: Where The DCM Has Two Official Residences (the Second, For DCM Junior’s Playdates)

Most of this blog’s readers are already familiar with the term DCM.  For those who aren’t, a DCM or a Deputy Chief of Mission is like the chief executive officer or chief operating officer of the embassy. He/She is a career diplomat and acts as Charge d’Affaires (person in charge) whenever the Ambassador is absent from the host country or when the position is vacant. The DCM is responsible for the day to day management of the embassy, ensuring the mission can operate with allocated resources and together with the Ambassador runs the Embassy “front office.”  He/She oversees the heads of sections (Political, Economic, Public Affairs, Management, Consular and the Regional Security Office) at the Embassy and has overall responsibility for mentoring and professional development of the entry-level professionals.

All that serves as a preamble to this:

The Deputy Chief of Mission in Country X has an official residence in the downtown area of the capital city; the location is not too far from the embassy.

The second residence, an apartment is allegedly in the suburbs, in one of the U.S. government compounds in the capital city. The ostensible reason for the second residence is reportedly so the DCM’s spouse would have a place to arrange playdates near the international school where DCM junior is enrolled.

Imagine if you’re overseas and you demand a second USG-owned or USG-leased residence for your kid’s playdates.  Do you know what would happen?  They’d pack you up on a medical evacuation so quickly before you can even say BOO!

But when you’re a DCM, apparently they don’t do that, which we must admit is a nice perk.

Poor contract guards.

They wanted to know what sort of special protection they should be giving to the DCM and his/her visitors when he/she is using the second residence.

As you might imagine, the  security office was not happy about this.

And the housing office was pretty steam up about it.  The Housing GSO reportedly refused to have anything to do with this … um, unusual arrangement.

Luckily, the Housing GSO’s supervising officer …. no, not the GSO but the Management Counselor is said to have arranged the details so the DCM gets the second USG housing. This is the part where we need to point out that the Management Counselor’s Employee Evaluation Report rater is no other than the DCM.

So –

If you were the Management Counselor at this post, would you have “arranged the details” so the DCM gets a second residence?

Or would you have taken out the Foreign Affairs Manual  and  said, “No your excellency, you may not have a second residence.”

Perhaps this should cover as our ethical dilemma exercise for the day.

According to FAM  15 FAM 211.1, the objective of the housing program is “to provide safe and secure housing that is adequate to meet the personal and professional requirements of employees at a cost most advantageous to the U.S. Government. For the purposes of this policy, adequate housing is defined as that comparable to what an employee would occupy in the Washington, DC Metropolitan Area, with adjustments for family size and locality abroad.”  The housing provided to employees is based on position rank and family size:  “Where an employee’s position rank is greater or less than his or her personal rank, the position rank determines the employee’s maximum authorization.”  

We have been unable to locate regulations in the FAM that allows an employee to occupy two USG-owned or USG leased housing overseas.  It might be that the FAM in a parallel universe does not specifically prohibit the allocation of two residences to a DCM, especially if one needs an apartment for the officer’s kid’s playdates. But — even if we grant that this is not illegal — holy mother of goat! How can a senior official even think this is not waste and misused of U.S. government property?

In any case, we understand that several mission staffers thought this was just plain wrong and appropriately filed complaints at the Office of Inspector General (OIG).

We heard that State/OIG “passed it on” to the regional bureau which then had a “conversation” of some sort. Subsequent to the conversation with the regional bureau, the keys to the second residence were returned.

We checked with the OIG and this is what we’re told by its spokesman, Douglas Welty:

[I]t is OIG policy not to comment on complaints submitted to our Hotline, nor do we comment on any possible, pending or on-going investigations.

It is also OIG policy to refer  non-criminal, but inappropriate activities to the Department (or bureau) for administrative action - with a request for a response and report of remedial actions taken.

So unless you don’t return the keys … then it becomes a big deal. But if you do return the keys, then things can be forgotten and forgiven? Did the bureau even charged the DCM rental for the use of the second residence? Was any administrative action ever issued? No one knows since that’s all done behind doors because hey, privacy!

In what ethical landscape would anyone consider this appropriate behavior for any public servant, particularly one who is a senior official with mentoring responsibility for our next generation of diplomats?

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Updated May 16@8:37 am to include RSOs under the responsibility of the DCMs.

 

 

 

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Filed under Counting Beans, DCM, Diplomatic Life, Foreign Service, FSOs, Hall of Shame, Leadership and Management, Lessons, Org Life, Public Service, Real Post of the Month, Realities of the FS, State Department

State Dept Contract Employee/Husband Indicted For Alleged Secret Scheme to Steer More Than $60 Million Contracts to Their Company

Via USDOJ:

ALEXANDRIA, Va. – Kathleen D. McGrade, age 64, and Brian C. Collinsworth, age 46, both of Fredericksburg, Va., were indicted by a federal grand jury today on charges stemming from an alleged secret scheme to steer more than $60 million in State Department contracts to a company they controlled.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Harold W. Geisel, Deputy Inspector General for the Department of State, and Thomas J. Kelly, Special Agent In Charge for IRS Criminal Investigation made the announcement after the indictment was returned.

McGrade and Collinsworth face a maximum penalty of 20 years imprisonment, if convicted.

According to the indictment, from at least December 2007 through August 2011, McGrade was a private contract employee assigned to work as a contract specialist at the U.S. Department of State, in its Office of Acquisition Management located in Arlington, Virginia.  In that position, McGrade assisted in and oversaw the process for awarding and implementing contracts to companies performing work at various U.S. foreign service posts, including U.S. embassies located around the world.  During this same period, McGrade and Collinsworth controlled a Virginia company called the Sterling Royale Group, LLC (SRG), for which McGrade, acting through her position at the State Department, caused to be issued an Indefinite Duration, Indefinite Quantity (IDIQ) contract with the State Department.  During the course of the scheme, Collinsworth acted as SRG’s vice president.  According to the indictment, McGrade and Collinsworth, who were married, actively concealed their marriage and McGrade’s involvement in SRG from officials at the Department of State.  Further, McGrade allegedly misled other State Department officials to believe she was a Contracting Officer while approving payments to SRG.  All told, McGrade’s role in the scheme allegedly resulted in SRG being awarded approximately 17 task orders.  Prior to the scheme being discovered, SRG had submitted invoices resulting in $39 million in payments.  Finally, the indictment alleges that McGrade and Collinsworth used the proceeds of their scheme to purchase a 41 foot boat, a home, a penthouse condominium, and a Lexus automobile, among other things.

This case is being investigated by the Office of the Inspector General for the Department of State and the Criminal Investigation Section of the Internal Revenue Service.  Assistant United States Attorneys Jack Hanly and Mark D. Lytle are prosecuting the case on behalf of the United States.

Criminal indictments are only charges and not evidence of guilt.  A defendant is presumed to be innocent until and unless proven guilty.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae.  Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.

The Daily Caller covered this affair last year here.

– DS

 

 

 

 

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Filed under Contractors, Court Cases, Hall of Shame, State Department

Ex-State Dept Employee Steven Medlock Sentenced to Probation and Home Detention for Embezzlement

Via The Post and Courier:

A Charleston judge has sentenced a former U.S. State Department employee to probation and home detention for embezzling almost $59,000 from the federal government.

Steven Medlock, 60, of Summerville, pleaded guilty to the theft last year.

U.S. District Court Judge Richard M. Gergel sentenced Medlock to one year of probation and four months of home detention, according to a document signed and filed Friday. Medlock also must pay a $3,000 fine and cannot possess firearms or other dangerous weapons.

He had faced a maximum punishment of 10 years in prison, a $250,000 fine and three years in a supervised release program.

Gergel received more than a dozen letters of support for Medlock from his family, acquaintances and former co-workers, including one from his ex-boss at the State Department.

Medlock had repaid all the money before waiving indictment and pleading guilty in August, according to Rhett DeHart, assistant U.S. attorney.
[...]
An anonymous tipster alerted law enforcement.

Read in full here.

Medlock is reportedly a disbursement specialist for the State Department’s Global Financial Services Center, which handles worldwide billings and other transactions for the agency.  The Global Financial Services Center (GFSC), is located in North Charleston, South Carolina; it occupies approximately 7 acres of a 20 acre complex, which the Department of State (DoS) shares with other tenants.

 

 

 

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Senate Report on Benghazi Cites “Grievous Mistake” for Non-Suspension of Operations Despite Vulnerabilities

The Senate Committee On Homeland Security And Governmental Affairs on December 30, 2012 issued its Benghazi report, Flashing Red: A Special Report On The Terrorist Attack At Benghazi.

The report says that the State Department’s Under Secretary for Management Patrick Kennedy noted in a briefing for the Committee, that Libya and Benghazi were “flashing red” around the time of the attack.

And?

The follow-up query and the response must have fallen off the, well, what else, the cliff!

The “flashing red” went kaboom !!!

… and four men were dead.

Here is one of the findings:

“Despite the inability of the Libyan government to fulfill its duties to secure the facility, the increasingly dangerous threat assessments, and a particularly vulnerable facility, the Department of State officials did not conclude the facility in Benghazi should be closed or temporarily shut down. That was a grevious mistake.”

The Senate report refers to the Benghazi post as the “Temporary Mission Facility in Benghazi.”  The ARB refers to the Benghazi post as the “The U.S. Special Mission in Benghazi” or the “U.S. Special Mission compound (SMC) and Annex.”

According to the ARB, the U.S. Special Mission in Benghazi, established in November 2011, was the successor to Chris Stevens’ “highly successful endeavor as Special Envoy to the rebel-led government that eventually toppled Muammar Qaddafi in fall 2011.”

2 FAM 411.1 dictates that the assistant secretary for the requesting regional bureau prepares a written proposal requesting authorization to open, close, or change the status of a Foreign Service post.

Presumably, the request to open the SMC in Benghazi originated from State’s NEA bureau, which has jurisdiction over Libya.

According to 2 FAM 400, the final decision to open, close, or change the status of a consular post, consular agency, branch, or special office is made by the Under Secretary for Management.  The same person who noted the “flashing red.”

There are 18 factors to consider in the books when opening or closing or changing the status of an overseas post. One of those factors, as may have been the case here considering the presence of OGA, is this:

(9) Expressed interest of U.S. Government agencies (other than the Department) in the maintenance of a post in the locality;

If you’re interested on how the final decision is arrived at, read up on 2 FAM 411.4.

Here are some other interesting parts of the Senate report:

  • U.S. government security personnel who were based in Tripoli had deployed to Benghazi by chartered aircraft after receiving word of the attack, arriving at the Benghazi airport at 1:15 a.m. They were held at the airport for at least three hours while they negotiated with Libyan authorities about logistics. The exact cause of this hours-long delay, and its relationship to the rescue effort, remains unclear and merits further inquiry. Was it simply the result of a difficult Libyan bureaucracy and a chaotic environment or was it part of a plot to keep American help from reaching the Americans under siege in Benghazi?

The host country government failed in its obligation to protect accredited members of the diplomatic corps, the least they can do is answer a few questions as to why security personnel were held at the airport for at least three hours.

A side note here. A second secretary at the Saudi embassy in Bangladesh was killed last March. Five men had just been sentenced to death for the diplomat’s murder. Saudi Arabia is a work destination for many Bangladeshis, so Bangladesh did not foxtrot around the death of a Saudi Arabian diplomat.

  • General Ham did not have complete visibility of the extent and number of government personnel in Benghazi in the event that a NEO was required. 88 If sufficient time had been available for such an evacuation, we are concerned that this limitation could have impeded AFRICOM’s ability to respond and fulfill its mission responsibility.

NEO interoperability between DOD and State has some challenges but we’ll have that for a separate post.

The Senate report further says:

States whose governments do not exercise full control over their sovereign territory, or that have a limited security capability, cannot be counted on to safeguard U.S. diplomatic personnel and facilities. This is usually true, of course, in the aftermath of a revolution or civil war – as was the case in Libya – where the provision of protective services by the host nations is unpredictable at best. In those instances, the Department of State must improve one or more of the other three protectors of mission security within its control: Marine Corps Security Guards, Diplomatic Security agents, or private security contractors.

There is already a move in Congress to increase the number of Marines to almost double its current size (1,200 Marine security guards currently assigned to more than 130 countries).

The State Department is also reportedly asking Congress for an additional $750 million to hire about 150 more security officers.

And the private security contractors could not be far behind.  Wired.com recently had a piece on the potential financial bonanza for security contractors for U.S. embassy security in the post-Benghazi era. The decision whether to continue spending cash on hired guards or to bolster the ranks of State Department employees that protect diplomats themselves will be one that must be tackled by the next secretary of state and soon.

The Senate report also has the following on funding and how they impact priorities:

Resourcing for security is a joint responsibility of the Executive Branch and the Legislative Branch. The Department of State’s decisions regarding security at the Benghazi facility were made in the context of its budget and security requirements for diplomatic facilities around the world. Overall, the Department of State’s base requests for security funding have increased by 38 percent since Fiscal Year (FY) 2007, and base budget appropriations have increased by 27 percent in the same time period. Other security funding provided beyond that in supplemental appropriations bills has been nearly entirely for diplomatic facilities in just three countries—Iraq, Afghanistan, and Pakistan.63 Less has gone elsewhere and very little is available to the temporary facilities such as the one in Benghazi.

Congress’ inability to appropriate funds in a timely manner has also had consequences for the implementation of security upgrades. RSO Nordstrom stated that Continuing Resolutions had two detrimental effects on efforts to improve security in Benghazi. First, the Department of State would only allow funds to be expended at a rate of 80 percent of the previous year’s appropriations level, so as not to risk a violation of the Anti-Deficiency Act. Second, in the absence of a supplemental appropriations or reprogramming request, security funds for Benghazi had to be taken “out of hide” from funding levels for Libya because Benghazi was not included in previous budget requests.

To the congressional reps and their friends who insist that the Benghazi tragedy has nothing to do with funding, the conclusion is simple: Congress’ inability to do its job has real deadly consequences.

Mistakes were made that’s for sure.  But no one honorable has yet come forward to claim those mistakes as his or her own.

And so we are painfully reminded that success has many parents. But a mistake is an orphan, conceived in a vacuum with neither father, mother or extended relatives present at creation. :cry:

domani spero sig

 

 

 

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Filed under Congress, Contractors, Counting Beans, Defense Department, Diplomatic Attacks, Diplomatic Security, Follow the Money, Foreign Service, FS Funding, Govt Reports/Documents, Hall of Shame, Leaks|Controversies, Politics, Security, State Department, Terrorism, U.S. Missions

How long will the State Dept’s bureaucratic firewall hold at the bureau level?

4 State Department Resignations Follow Benghazi Report - a headline repeated with some variation since Wednesday.

The bureaucratic casualties as of December 20:  One assistant secretary, and reportedly two of his deputies, and a fourth one who was third level down from his bureau’s assistant secretary.

Only one, the assistant secretary submitted his resignation. The other three apparently were put on  “administrative leave” pending further action. Hey! What does “further action” means?  Does that mean reassignment?  Retirement? Or just go disappear until the press gets tired of this thing?  Does that mean the higher ups who dodged the bullet are still looking up what FAM cite to slap them with? Why? Oh, because the Foreign Affairs Manual is the official rules book. Anything not on it, is not considered to have real teeth.  So, obviously, if you want to line them up on a career firing squad, you better get the FAM citation right. Or Legal would have a fit. And that’ll be a ton of paperwork and what with the holidays next week …

Who the foxtrot wants to be stuck at the office doing that sort of stuff!?

Anyway, one was reportedly preparing to retire, anyway.

Too bad his office was not on the 7th floor.

In any case, if he’s been in with XX years of service, he will get a Certificate of Appreciation personally signed by the Secretary of State. Woohoo!

One presumably did not know what was coming; blithely posting on social media about the NYT story on the ARB report the night it was released.

No one called to say we’re releasing this report tonight and there’s no breach or whatever, but that you might stay home tomorrow because the buzzards will be circling the Truman building?

Nothing like that?

According to Dead Men Working, “one will be sorely missed by DS, which would have benefited greatly from his continued service.”

Career execution is a fairly common practice in public organizations, but since they’re often done in private with few details, there is always talk about inability to discuss such personnel matters.  And since there are few breadcrumbs and even fewer witnesses, no can can definitely say who fired the coup de grâce. (thanks N., you may eat another xmas cookie).

We find the “fixin” the blame ‘er accountability at the bureau level quite disturbing but also laughable.  We are tempted to start calling this the “Accountability for Mid Level Officials Review Board” as suggested below.

More of that from the National Review, below an excerpt from Elliot Abrams:

Does the new report on the State Department’s failures in Benghazi really deliver “accountability?” No: In fact it actually sacrifices a few career officials and protects the higher-ups.

While the report has been called scathing and tough, it does not fix any real responsibility on top officials: the secretary of state, the two deputy secretaries of state, or the assistant secretary for the Near East. The Diplomatic Security bureau takes a lot of hits, but I don’t see in it any serious discussion of the roles played by the under secretary for management, who supervises that bureau, nor of the “Seventh Floor” — the very top officials of the department.
[...]
It is even odder that Secretary Clinton, who once said “I take responsibility. . . . I take this very personally,” also gets off without criticism. It’s not that absolving her or her top deputies is necessarily wrong, but where it leads is bound to affect morale in the department. Look at these events from the perspective of career officials at the office director or deputy assistant secretary level, and what just happened? People like you were just ruined, while people up the chain got off scot free. Being on the Seventh Floor appears to grant immunity. I’m sure that’s what is being said around the water coolers at State, and from what I can see they are not wrong. Pickering led what was called an “Accountability Review Board.” A better name might have been “Accountability for Mid Level Officials Review Board.”

As we’ve noted here, the NEA bureau has been headed by Elizabeth Jones in an acting capacity since June 2012. Don’t know her, never meet her. State always expect that its officers hit the ground running whether in Foggy Bottom or in Burkina Faso.  If we cut her some slack, that’s from our belief, rightly or wrongly, that one needs at least 3-6 months to do an effective transition. We wrote previously that “If she is nudged out when she was on the job barely three months when Benghazi happened, we might think that the pressured shakeup is for purposes of appearances.”

We’ll, it now looks like she’ll be spared but State has now reached down to the third level down at the NEA bureau to find someone “accountable.” And this has nothing to do with appearances and managing perception.

Also the Cable cites the Q&A during the hearing between D/S Bill Burns and Senator Rubio:

When pressed by Rubio over whether the March and July cable requesting more security had reached the upper echelons of the State Department, Burns said they had.

“Well, they certainly would have been reviewed up through assistant secretary level, and it may be that some of my colleagues on the 7th floor saw them as well.” Burns said. “There were certainly memos that came up to the 7th floor that talked about the deteriorating security situation in eastern Libya, yes, sir.”
[...]
Maxwell, according to several State Department sources, had been slated to retire in September but was asked to stay on as DAS for the Maghreb after the attack. Maxwell might have been in a position to directly receive the requests for more security in Benghazi, giving him a direct connection to the security failures, those sources speculated. Those details are confined to the classified version of the ARB report. But State Department officials insist that he would not have been able make any decisions about such matters with consulting with Jones, who would have had the final say.

“Either they have some kind of documentary evidence that puts Maxwell in a bad light specifically, or this could be the Foreign Service elite protecting itself. Maxwell is not a member of the elite, but Jones is,” one senior foreign policy hand who has worked in the State Department said.

So the three future scenarios we’re looking at next:

  1. That the four resignations will temper the noise and hold the firewall at the bureau level.
  2. That the four resignations will increase the noise, add more questions, breach the bureau firewall and one or more of the Under Secretaries will roll.
  3. That with the holiday week coming, people will be riveted by last minute shopping, and will be so Benghazid-out to care.

The next time you guys (those still in the building) attend your mandatory leadership and management training, ask your facilitators how to survive organizational life when your leadership is in crisis. When lower-ranked officials are pressured to take the blame while higher ups in the food chain skate, we don’t call it true leadership.

Also, note that we’re not suggesting that all these bureau officials forced to leave made no errors in judgment.  We don’t know.  But to expect us to believe that these folks alone in a highly structured organization committed a firing offense and that their upper bosses knew nothing about whatever it was they did  … why, that’s a bunch of somethings, dahrlings!

domani spero sig

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US Embassy Caracas: Former FSN Pleads Guilty for Receiving Illegal Gratuity

In May 2012, we blogged about a US Embassy employee in Caracas, Venezuela who was was arrested in Washington, D.C., on one charge of conspiracy and two charges of bribery in connection with visa applications scheme (see US Embassy Caracas FSN Arrested on Conspiracy/Bribery Charges in Visa Applications Scheme)

On Wednesday, USDOJ announced that the former employee, Christian Adolfo Paredes Uzcategui, 44, of Caracas, pled guilty in the U.S. District Court for the District of Columbia. Below is the statement released:

WASHINGTON – A former visa assistant for the United States Embassy in Caracas, Venezuela, pled guilty today to a federal charge of receiving an illegal gratuity by a public official, stemming from a scheme in which he allegedly accepted payments to aid people in facilitating visa applications, U.S. Attorney Ronald C. Machen Jr. and Scott Bultrowicz, Director of the U.S. State Department’s Diplomatic Security Service, announced.

Christian Adolfo Paredes Uzcategui, 44, of Caracas, pled guilty in the U.S. District Court for the District of Columbia. The Honorable James E. Boasberg scheduled sentencing for Dec. 7, 2012. The charge carries a maximum sentence of two years in prison and a fine of up to $250,000.

Paredes was arrested in May 2012 following an investigation by the State Department’s Diplomatic Security Service.

According to a statement of facts, signed by the defendant as well as the government, Paredes worked for the State Department at the U.S. Embassy in Caracas as a visa assistant for non-immigrant visa applications. His duties included screening incoming documentation and information from a variety of sources to organize and track non-immigrant visa requests and ensuring that the legal requirements of non-immigrant visa applications were met.

As a visa assistant, he had access to Embassy databases, but only for official business and on a need-to-know basis. He was not to share this information without official permission.

In the middle of 2011, Paredes began receiving money from a private individual who acted as a “facilitator” for Venezuelan applicants seeking non-immigrant U.S. visas. In exchange, Paredes provided information about the facilitator’s clients. Between March 2011 and February 2012, the facilitator wire-transferred more than $5,000 to bank accounts controlled by Paredes in exchange for information about clients.

In announcing the plea, U.S. Attorney Machen and Director Bultrowicz commended the efforts of those who investigated the case for the Diplomatic Security Service. They also praised those who worked on the case for the U.S. Attorney’s Office of the District of Columbia, including Special Assistant U.S. Attorney David J. Mudd.

The original statement is posted here.

 

 

 

 

 

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In which politicians lament over our dead diplomats — also fund-raises over them before they are even buried

Perhaps Mitt really is a nice, rich guy who shops at Costco. That does not offend me; but this one does.  There are way too many “wonderfuls” here to make it sound authentic.  I do not/not like it.  He sounds as if he did not think through what he was going to say besides calling them, wonderful, that is.  It sounds to me as if our diplomats killed in Benghazi have become convenient props for the political campaign. Brrr…. that is cold, man.

Here is a coverage of that Virginia speech:

“I know that we’ve had heavy hearts across America today, and I want you to know things are going to get a lot better. But I also recognize that right now we’re in mourning. We’ve lost four of our diplomats across the world. We’re thinking about their families and those that they’ve left behind,” Romney said, at the beginning of a rally with roughly 2,700 supporters here in Northern Virginia.

Then, as Romney continued to lament the loss of U.S. Ambassador J. Christopher Stevens, and the three others killed in Benghazi, a heckler distracted him.

“What a tragedy, to lose such a wonderful, wonderful, uh,” Romney said, as the heckler began to yell, “Why are you politicizing Libya?”

Romney continued, “wonderful people that have been so wonderful and appreciate their service to the country.”

They are …”wonderful, wonderful, uh (heckler interuptus) wonderful people that have been so wonderful …”

That’s the best he can do?

You can hear the crowd chant the heckler down with USA! USA! USA!  Then Mr. Romney said, “And so I would, I would offer a moment of silence but one gentleman doesn’t want to be silent so we’re going to keep on going,” Romney said.

If he wins in November, he would need a good thesaurus.

So then here comes a top contender for the Crassest Award of the Year.

Former senator and former GOP presidentiable Rick Santorum apparently is using the rising violence in the Middle East (and his expression of condolences on the deaths of our diplomats) as the basis for a fundraising e-mail sent out by his political advocacy organization according to The Cable:

“The news coming out of the Middle East is deeply saddening and concerning. Karen and I first want to express our condolences to the families of Ambassador Stevens and the three other American officials who were killed in the recent terrorist attacks. Their service to our country was heroic and this senseless act of violence is horrifying,” begins the e-mail signed by Santorum and sent out by Patriot Voices, the nonprofit 501(c)4 advocacy group he co-founded after he lost his primary bid.
[...]
The organization has two missions: to help Mitt Romney defeat Barack Obama and to promote conservative policies and values, according to Santorum’s statements in June when it launched.

“Please continue to stand with me as we advocate for policies that properly defend Americans and their principles abroad. President Obama’s approach of apologizing to our enemies, turning our backs on our allies, and leading from behind weakens America and empowers our enemies. If American ideals are to remain prosperous here and abroad, the appeasement policies of this president must stop,” Santorum wrote.

The Cable reports that the end of the e-mail contains the pitch with a link to the Patriot Voices donation page.

Wow, what a crass act. Announcing an expression of condolence to the dead diplomats’ families via a fund-raising email with a pitch for donation before our diplomats are even back in U.S. soil. Before we can properly bury them or mourn their passing.  What?  They couldn’t wait even until after the return of remains today?

Holy mother of goat and her crazy nephews! How shockingly opportunistic!

Meanwhile in related news, in yesterday’s Politico op-ed, Newt Gingrich, former Speaker and another former GOP presidentiable took issue with the Obama administration calling this a “senseless act of violence” (he probably did not get Rick’s email) and writes:

This concept of “senseless violence” is at the heart of the left’s refusal to confront the reality of radical Islamists.

These are not acts of senseless violence.

These are acts of war.

Our ambassador to Libya and three other Americans were not killed by a senseless mob. They were killed by a purposeful group of men armed with sophisticated weapons.

I recall, of course, Newt Gingrich telling CBS News in 2011, “The correct thing in an act of war is to kill people who are trying to kill you.” He was talking about Al-Awlaki, a U.S.-born cleric linked to al Qaeda, who was killed by a CIA drone.

Haven’t we seen this movie with war drums before, after 9/11? It started slow, then swooshed ever and we ended up in Iraq and got stuck there for years and years.

How many dots would it take before the warmongers can connect “this purposeful group of men” to say …. Iran and the bomb, bomb, bomb Iran chorus?  The pencils are out and the dots are out there …

I think we must be vigilant and not get swooshed over a second time around even when our hearts are broken.

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Filed under Elections, Hall of Shame, Politics, Privacy

Outrage! Ambassador Chris Stevens and three others killed in Benghazi, Libya

I posted about the mob attack at the US Office/Consulate in Benghazi around midnight last night (see US Embassy Libya: Protesters storm the US Office in Benghazi, kill one American officer, wound others).  I understand then from my State Department source that Ambassador Stevens and two other senior embassy officials were in Benghazi for the opening of the American Center there but that they were in a safe haven during the attack.  I went to bed hoping the insanity had flamed out during the night only to wake up with the news that Ambassador Stevens and three other staff had been killed.  Ambassador Stevens is the first U.S. ambassador to be killed in the line of duty since 1979 1995.

Correction: US Ambassador to Afghanistan Spike Dubs was killed in 1979 in an exchange of fire after a kidnapping attempt. But in 1988, we also lost Ambassador Arnie Raphel who was killed in along with Pakistani President Zia ul-Haq and Brigadier General Herbert M. Wassom when their plane mysteriously crashed shortly after takeoff from Bahawalpur.  Then in 1995, the first US Ambassador to Estonia Robert Frasure was killed in an automobile accident on the Igman mountain near Sarajevo, Bosnia and Herzegovina while on a mission to negotiate a U.S. proposal to end the conflict in Bosnia. WaPo has a list of ambassadors killed in the line of duty here, but the list does not include Ambassador Frasure. (Thanks Jeff Z!)

Photo via Senator McCain’s tweet – http://lockerz.com/s/223075753

I don’t know if there is anyone out there who is not outrage by these attacks. Ambassador Stevens was our man in Benghazi during the Libyan revolution. He helped save that city and he was happy to be back in Libya. Then they killed him.

The AP is reporting that the Libyan doctor who treated Ambassador  Stevens at the Benghazi Medical Center says that he tried for 90 minutes to revive him but that our top diplomat in Libya died of severe asphyxiation.

Ziad Abu Zeid told The Associated Press on Wednesday that Stevens was brought to the Benghazi Medical Center by Libyans the night before, with no other Americans and that initially no one realized he was the ambassador.

Abu Zeid said Stevens had “severe asphyxia,” apparently from smoke inhalation, causing stomach bleeding, but had no other injuries.

There are hard to look photos here reportedly of Ambassador Stevens body being “dragged” from the “embassy.”  But the smoke on this attack has yet to clear. Elsewhere it is reported that he was in a car hit by a rocket-propelled grenade.  I cannot tell from just looking at these photos if he was indeed dragged from the diplomatic compound by militants or, if true that he was attack in a car, if this is him dragged out of a car.

Libyan officials condemned the attack on a US consulate in Libya yesterday, with interim President Mohamed el Megarif calling the attack “cowardly” and apologizing to the US, vowing to apprehend the killers.

“We extend our apology to America, the American people and the whole world.”

But CSM reports that Libya’s deputy interior minister, Wanis al-Sharif, said in a press conference aired on Al Jazeera that the killings were carried out not by an Islamist group but by members of the former regime of Muammar Qaddafi. And he implied that the US consulate was at fault for not taking adequate security measures.

“They are to blame simply for not withdrawing their personnel from the premises, despite the fact that there was a similar incident when [Al-Qaeda second-in-command and Libyan citizen] Abu Yahya al-Libi was killed. It was necessary that they take precautions. It was their fault that they did not take the necessary precautions,” said Mr. Sharif, according to Al Jazeera.

A shocking and an outrageous response no less.  What is clear here is that the Libyan Government utterly failed in its duty to protect our diplomats in that country.  I would not be surprise if other countries would now scale down, even  withdraw their diplomatic staff from Libya. If they cannot protect US diplomats, how can anyone expect them to protect other diplomats? Our government protects Libyan diplomats in the United States, how is it that some Libyan official washes his hand from his country’s responsibility?

While I sure would like to see Libya apprehend the culprit/s and take them to court, how do you find the killers out of a mob? How can we even tell that whoever is trotted out in front of cameras is the trigger happy nut?

And while the USG is clear in making its distinction that “this was an attack by a small and savage group – not the people or Government of Libya” one cannot ignore the fact that this attack was perpetuated in Libyan soil. Secretary Clinton’s statement makes it sound as if this act was not done by Libyans.  Are we now going to drag the Al Qaeda carcass out as perpetrators?

I hope that an Accountability Review Board is convened as soon as possible with its report released to the public at its conclusion.

Here is President Obama via PBS NewsHour

Click here to read Secretary Clinton’s statement.  President Obama also has a statement here.

The only other American casualty identified so far is Sean Smith, an Air Force veteran who spent the last 10 years as an information management officer in the State Department.  He left behind a wife and two young children.  He also is known as Vile Rat in a gaming community. Below is an excerpt from The Mittani:

So: Vile Rat, Sean Smith, my friend for over six years, both in real life and in internet spaceships, was the “State Department Official” killed in Benghazi by a mob of religious lunatics, who had been incited to violence on this September 11th by a movie that was apparently made sometime in July. Obviously, given the combined attacks in Egypt and in Libya, this was a coordinated act designed for maximum media exposure; rile up a mob, point them at an embassy or consulate on 9/11 in particular, aim for the press. Many were injured in these pointless, reprehensible acts, and one of my closest friends was killed as a result.

(12:54:09 PM) vile_rat: assuming we don’t die tonight. We saw one of our ‘police’ that guard the compound taking pictures

We knew that Vile Rat was in Benghazi; he told us. He commented on how they use guns to celebrate weddings and how there was a constant susurrus of weaponry in the background. He was in situ to provide IT services for the consulate, which meant he was on the net all the time, hanging out with us on Jabber as usual and talking about internet spaceship games.
[...]
He was on jabber when it happened, that’s the most fucked up thing. In Baghdad the same kind of thing happened – incoming sirens, he’d vanish, we’d freak out and he’d come back ok after a bit. This time he said ‘FUCK’ and ‘GUNFIRE’ and then disconnected and never returned.

There are more tributes online here.

The Guardian has a live blog of the attack with extensive links to sources elsewhere.

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Filed under Ambassadors, Countries 'n Regions, Foreign Affairs, Foreign Service, FSOs, Hall of Shame, Obama, Protests, Realities of the FS, Secretary of State, State Department, U.S. Missions

Court Awards $3.3 Million Default Judgment Against State Dept Couple Accused of Slavery and Rape of Housekeeper

In 2011, Jane Doe, an Ethiopian national in her 30s filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against a State Department employee Linda Howard and her husband, Russell Howard, alleging involuntary servitude, forced labor and human trafficking in violation of the Trafficking Victims Protection Act of 2000 (TVPA).

The complaint also alleges the rape of Jane Doe by Russell Howard, reportedly an Australian national, and a dependent of employee Linda Howard.

According to the complaint, Linda Howard met and hired Jane Doe during her assignment at the US Embassy in Yemen. Jane Doe was paid $200 a month as a housekeeper and made no allegation of mistreatment while employed in Yemen.  In late 2008, Linda Howard was reportedly reassigned to the US Embassy in Tokyo.  Jane Doe agreed to move to Japan with Linda Howard to continue working as a housekeeper.  Their signed contract reportedly guaranteed $300 a month, time off each week, health insurance and a safe place to live and work.

Among the other allegations made by Jane Doe:

  • She was forced to work more than 80 hours a week for less than a dollar an hour; the exact amount was $0.88 an hour; the minimum hourly wage at the time of Jane Doe’s employment was $6.55 an hour.
  • She was raped and was forced to engaged in sexual acts with Russell Howard in the Howards’ Tokyo residence.
  • She was threatened with deportation from Japan by Mr. Howard
  • The complaint says that after five months Jane Doe fled the Howards’ home and found help at a shelter in Tokyo. The women’s shelter reported the abuse to the US Embassy in Tokyo. While at the shelter Jane Doe met with Diplomatic Security investigators. When the case was filed in October 2011, it includes the following item: “Upon information and belief, the State Department’s investigation is still pending.”
  • At the time the lawsuit was filed, she alleged that while Linda Howard was removed from her posting at the US Embassy in Tokyo, Mrs. Howard remains employed by the State Department.

Some nasty, nasty stuff on this one, read the original complaint here.

The Courthouse News Service which reported this case on September 6 says that Linda Howard is currently an IT manager with the State Department in Washington, D.C.’s citing her profile on the professional-networking website LinkedIn. The profile notes that Howard worked as a “manager” for the State Department at the U.S. Embassy in Tokyo from 2008 to 2009. Before that, Howard worked for three years, from 2005 – 2008 as “Senior IT Manager, Acting Administrative Management Officer, Acting Human Resources Officer and alternate Financial Officer” at the Embassy in Yemen, according to the profile

The report from LexisNexis® Mealey’s™ Legal News says that when Russell Howard, who is from Australia, failed to respond to Jane Doe’s complaint, and Linda Howard’s answer to the complaint was stricken pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), Doe moved for default judgment, which Magistrate Judge Thomas Rawles Jones Jr. granted in an Aug. 7 report and recommendation.

… the judgment against Linda Howard was appropriate based on the four factors established in Belk v. Charlotte-Mecklenburg Board of Education (269 F.3d 305, 348 [4th Cir. 2001]):  bad faith, amount of prejudice, need for deterrence and effectiveness of less drastic sanctions.
[...]
Linda Howard acted in bad faith by telling the court that she was unaware of any upcoming overseas job-related travel and then two weeks later retiring and leaving the country, the magistrate judge said.

“There is a great need to deter defendants from determining that the proper response to litigation is to leave the country and refuse to participate in the resolution of a dispute.  Finally, in light of Mrs. Howard’s flight from the country, it is clear that less drastic sanctions would not be effective.”

The Court awarded Jane Doe total damages in the amount of $3,306,468, broken down as follows.

  • $1,250,000 for compensatory emotional distress relating to forced sexual servitude

 

  • $44,500 in compensatory damages for forced labor and trafficking

 

  • $2,000,000 punitive damages “in light of the Howards’ intentional egregious and outrageous conduct”
  • $11,968 for back wages and liquidated award as part of the Fair Labor Standards Act damages under the Trafficking Victims Protection Act of 2000 (TVPA)

The court documents relating to this case are available here to read (some documents listed need to be purchased before you can read them).  The Court’s opinion dated September 4, 2012 is here in pdf.

 

 

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Filed under Career Employees, Court Cases, Diplomatic Security, Foreign Service, Hall of Shame, State Department, Trafficking