State/ECA Program Manager Gets 13 Months in Prison For KickBacks

Back in July in a catch-up post, we  blogged about  State/ECA employee Kelli R. Davis, 48, of Bowie, Maryland, who pleaded guilty to one count of conspiracy to commit theft of public funds and engage in honest services wire fraud before U.S. Senior District Judge T.S. Ellis III of the Eastern District of Virginia.  On September 7, she was sentenced to 13 months in prison for accepting kickbacks and stealing federal funds intended for a foreign exchange program maintained by the Department of State’s Bureau of Educational and Cultural Affairs. Below is the announcement from USDOJ:

State Department Official Sentenced to Prison for Engaging in Honest Services Wire Fraud and Theft of Federal Funds

Via USDOJ:

A program manager for the U.S. Department of State was sentenced to 13 months in prison today for accepting kickbacks and stealing federal funds intended for a foreign exchange program maintained by the U.S. Department of State.  Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Inspector General Steve A. Linick of the U.S. Department of State and Special Agent in Charge Matthew J. DeSarno of the FBI Washington Field Office’s Criminal Division made the announcement.

Kelli R. Davis, 49, of Bowie, Maryland, was sentenced by Senior U.S. District Judge T.S. Ellis, III of the Eastern District of Virginia.  On May 24, Davis pleaded guilty to a one-count information charging her with conspiracy to commit honest services wire fraud and theft of public money.

According to admissions made in connection with her plea, Davis was a Program Specialist for the State Department’s Bureau of Educational and Cultural Affairs.  She also served as the Program Manager and Grants Officer Representative for the Sports Visitors Program, which sponsored foreign exchanges for emerging youth athletes and coaches from various countries.  The exchange program was managed by George Mason University in Fairfax, Virginia, through a federal grant and cooperative agreement with the State Department.

Davis admitted that between February 2011 and March 2016, she conspired with others to steal portions of the federal money allocated to the Sports Visitor Program by, among other things, falsifying vendor-related invoices and making fraudulent checks payable to a government contractor, Denon Hopkins, who supplied transportation services for the program.  In total, Davis and Hopkins stole approximately $17,335 from the State Department.  They have both admitted that Hopkins used portions of the funds to pay kickbacks to Davis to retain his transportation contract.  In addition, Davis stole an additional $17,777 from the program over a multi-year period.

The Department of State’s Office of Inspector General and the FBI’s Washington Field Office investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Kimberly R. Pedersen of the Eastern District of Virginia are prosecuting the case.

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US Embassy Santo Domingo: Man Pleads Guilty to One Count of Bribery of a Public Official

On September 14, USDOJ announced that Luis Santos of New Jersey pleaded guilty to bribing a State Department employee.  Santos admitted to paying $2,381 to a U.S. Consular Adjudicator at the U.S. Embassy in Santo Domingo.

Bergen County, New Jersey, Man Admits Bribing State Department Employee

TRENTON, N.J. – A Bergen County, New Jersey, man today admitted giving a bribe to an employee of the U.S. Department of State, U.S. Attorney Craig Carpenito announced.

Luis Santos, 37, of Teaneck, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of bribery of a public official.

According to documents filed in the case and statements made in court:

Santos paid $2,381 to a U.S. Consular Adjudicator in Santo Domingo, Dominican Republic, to favorably handle and review non-immigrant visas, which allowed individuals from the Dominican Republic to apply for entry into the United States.

The bribery charge carries a maximum potential penalty of 15 years in prison and a fine of up to $250,000. Sentencing is scheduled for Dec. 18, 2018.

U.S. Attorney Carpenito credited special agents of the U.S Department of State Diplomatic Security Service with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Karen D. Stringer of the U.S. Attorney’s Office, Special Prosecutions Division in Newark.

Defense counsel: Thomas Ambrosio Esq., Lyndhurst, New Jersey

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Based on court filings (PDF), a cooperating witness (“CW”) was employed by the State Department as a U.S Consular Adjudicator in Santo Domingo, Dominican Republic.

2. From on or about September 22, 2017 to on or about March 9, 2018, SANTOS contacted the CW via WhatsApp and solicited the CW to participate in a bribery and fraud scheme, whereby SANTOS would pay money to the CW in exchange for the CW favorably handling and adjudicating fraudulent NIVs.

3. Throughout in or about February 2018, SANTOS sent the CW, via WhatsApp messaging, the names and appointment confirmations for five NIV Applicants, all of whom had interviews scheduled with the U.S. Consulate in Santo Domingo in or about March 2018 ( collectively, the “March Applicants”). SANTOS offered to pay the CW $500 for each fraudulent NIV issued to one of the March Applicants.

4. On or about February 25, 2018, SANTOS and the CW met in Hoboken, New Jersey (the “Hoboken Meeting”). During that meeting, which was consensually recorded by law enforcement, SANTOS confirmed that the March Applicants would pay $1,000 each for their fraudulent NIVs, and that the money would be split three ways, with a portion going to the CW in exchange for the CW favorably reviewing and adjudicating the five NIVs.

5. Law enforcement arranged for the issuance of what appeared to be genuine visas for the March Applicants. Accordingly, when each of the March Applicants appeared for their respective interviews, they were informed that their applications had been approved.

6. On or about March 9, 2018, SANTOS caused a relative in the Dominican Republic to wire $2,380.95 ($2,500 less the transfer service processing fee) to the CW via a money transferring service in exchange for the approval of NIVs for the five March Applicants.

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US Embassy Costa Rica Sub-Contractor Gets 30 Months For Stealing USG Funds #VisaFees

This past July, we blogged about US Embassy Costa Rica’s sub-contractor who leaded guilty to the theft of visa fees (see What did we miss?).  On September 7, USDOJ announced that the contractor, Mauricio Andulo Hidalgo, age 43, of Costa Rica was sentenced to 30 months in prison for theft of government funds.

Via USDOJ:

Charleston, South Carolina —- United States Attorney Sherri A. Lydon announced today that Mauricio Andulo Hidalgo, age 43, of Costa Rica, was sentenced to a term of 30 months in prison by the United States District Court in Charleston for stealing from the United States Government.

Hidalgo previously pled guilty to Theft of Government Funds, a violation of 18 U.S.C. § 641.  United States District Judge Patrick Michael Duffy, of Charleston, imposed the sentence, which also includes three years of supervised release and mandatory restitution.

Evidence presented at a change of plea hearing established that Hidalgo used his position as President of SafetyPay-Central America to steal over $293,832 of government funds that were supposed to be transferred to a bank account maintained by the Department of State’s Global Financial Services Center in Charleston.  SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica.  As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control.

The case was investigated by special agent Katherine Kovacek of the Department of State/Office of Inspector General, which is led by Inspector General Steve A. Linick.  Assistant United States Attorneys Marshall “Matt” Austin and Nathan Williams both of the Charleston Office prosecuted the case.

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U.S. National Zia Zafar Pleads Guilty to the Attempted Murder of U.S. Consulate Official in Mexico

 

In January 2017, we covered the shooting of Christopher Ashcraft, a U.S. diplomat stationed at the U.S. Consulate General in Guadalajara, Mexico.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence:

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Director Christian J. Schurman of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Zia Zafar, 33, of Chino Hills, California, pleaded guilty to one count of attempted murder of an internationally protected person and one count of discharging a firearm during a crime of violence.  Zafar entered his guilty plea before U.S District Judge Anthony J. Trenga of the Eastern District of Virginia.  Judge Trenga scheduled Zafar’s sentencing hearing for November, 7, 2018.

According to admissions made in connection with his plea, on Jan. 6, 2017, Zafar armed himself with a firearm, donned a wig and sunglasses to disguise his appearance, and waited in a parking garage for a Vice Consul, who worked at the U.S Consulate in Guadalajara.  Although Zafar initially was following the Vice Consul as he walked towards his vehicle, Zafar noticed a security guard nearby, and instead moved to the vehicle exit ramp, where he waited for the Vice Consul to exit.  As the Vice Consul approached the exit in his car, Zafar fired a single shot into the vehicle, striking the Vice Consul in his chest and leaving him in serious condition.  Zafar admitted that he targeted the Vice Consul because he knew from earlier surveillance that the victim worked at the U.S. Consulate.

“Zia Zafar surveilled and targeted a U.S. official serving in Mexico, lying in wait before shooting him in the chest in a heinous act of premeditated violence,” said Acting Assistant Attorney General Cronan.  “Today’s guilty plea sends a clear message that the Department of Justice will aggressively prosecute those who seek to harm U.S. officials serving overseas.  The Department of Justice will continue work with our domestic and international partners to ensure that anyone who targets U.S. officials abroad will be brought to justice.”

“The Vice Consul was targeted and shot because he represented the United States,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “No one should doubt the resolve of law enforcement to steadfastly investigate and apprehend those who attack us. I wish to express our sincere thanks to the many United States and Mexican law enforcement agencies involved in the apprehension and return of this defendant to the United States to face justice.”

[…] FBI and DSS investigated the case in close cooperation with Mexican authorities and with valuable assistance from the Justice Department’s Office of International Affairs, the Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ronald L. Walutes Jr. of the Eastern District of Virginia are prosecuting the case.

The Department of Justice gratefully acknowledges the government of Mexico, to include the Secretaría de Relaciones Exteriores, Procuraduria General de la Republica, Fiscalia del Estado de Jalisco and Instituto Nacional de Migracion for their extraordinary efforts, support and professionalism in responding to this incident.

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Th court filings confirmed much of the details previously reported about this case, though the case remains perplexing.  On January 10, 2017, an Affidavit in Support of a Criminal Complaint was filed by David J. DiMarco, a Special Agent with the Federal Bureau of Investigation(FBI) assigned to the Extraterritorial Squad, Washington Field Office. Includes the following:

On January 6, 2017, Christopher Ashcraft, the victim, was employed with the U.S.Department of State as a Vice Consul in the Consular office in Guadalajara, Mexico. As Vice Consul, Ashcraft is recognized by the Government of Mexico as a diplomat. As such, Ashcraftwas granted diplomatic immunity in the course of his official duties.

On or about January 6, 2017, Christopher Ashcraft visited a gym adjacent to a shopping center located at Agenda Vallarta #3300 in Guadalajara, Mexico. At approximately 6:19 p.m., an individual later identified as the Defendant, ZIA ZAFAR, shot Ashcraft with a pistol as Ashcraft was leaving the gym parking lot in his personal vehicle. The round struck Ashcraft in the chest. Ashcraft was taken to a local hospital for medical treatment, where he currently remains.

Special Agents with the FBI interviewed Ashcraft at the hospital. During the interview, Ashcraft stated that when he exited the gym, he noticed the individual later identified as ZAFAR, who was wearing blue scrubs, white shoes, and what appeared to be a wig. Based upon ZAFAR’s behavior, Ashcraft felt as though ZAFAR was waiting for him. Ashcraft walked to apayment terminal to pay for his parking. When Ashcraft turned to walk towards his vehicle, hesaw that ZAFAR was following him. Ashcraft felt threatened and walked to a populated area of the parking garage. Once ZAFAR was no longer following him, Ashcraft got into his vehicle and drove towards the garage exit. Ashcraft was shot once in the chest while exiting the garage.

Surveillance video from the shopping center and parking garage was obtained by Mexican law enforcement. The video shows a male (later identified as ZAFAR) wearing what appears to be a wig, sunglasses, blue scrubs, and white shoes. ZAFAR appears to be following Ashcraft as Ashcraft exits the gym and pays for his parking at approximately 6:16 p.m. The videothen shows ZAFAR followmg Ashcraft for approximately three seconds. As Ashcraft walks to adifferentarea ofthe garage,the video shows ZAFAR walking up an incoming vehicle ramp at 6:17 p.m. Approximately one minute later, ZAFAR is seen at the top of the exit vehicle ramp, pacing back and forth with his right hand in his pocket. At approximately 6:19 p.m., Ashcraft’s vehicle pulls up to the garage exit. The video shows ZAFAR taking aim with a pistol and firing into the windshield. The video then shows ZAFAR fleeing the scene.

The criminal complaint filed on January 9, 2017 was originally filed under seal and the offense description is listed as “Attempted Murder of an Internationally Protected Person”.

The AFFIDAVIT by USA as to Zia Zafar was also sealed. The criminal case cover sheet is redacted but includes Zia Zafar’s name, Juvenile FBI file number #316130AC9, and year of birth as 1985. The subject’s race, place of birth, language/dialects are left blank (or redacted, hard to tell).

In April 28, 2017, the Defense filed a motion to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) by Zia Zafar. The filing says that “Sealing of this document is necessary in order to safeguard the privacy and safety of the defendant.”

A Memorandum in Support by Zia Zafar re 28 MOTION to Seal Defendant’s Motion Pursuant to 18 U.S.C. 4241(d) also includes the following:

B. Sealing is necessary in order to safeguard the safety and privacy of the defendant. Counsel for the defendant has considered procedures other than sealing and none will suffice to protect this information from disclosure and to prevent public dissemination of information concerning Mr. Webster’s mental health.

Mr. Webster?

On May 5, 2017, there was a Status Conference to determine the competency of the defendant.

On August 11, 2017 there was an Arraignment/Competency Hearing.

On January 12, 2018 the Court granted the Motion for Psychiatric Exam and ordered that the defendant undergo a psychiatric examination at the Alexandria Detention Center.

On July 13, 2018, DOJ announced that U.S. national and former medical student Zia Zafar pleaded guilty to shooting the U.S. diplomat in Mexico.

The Statement of Facts filed on July 13, 2018 as part of Zafar’s plea agreement is only three page long and notes that Zafar and the diplomat that he attacked did not know each other. According to the Statement, the diplomat was targeted because “the defendant knew from earlier surveillance that he worked at the United States Consulate in Guadalajara, Mexico.” News citing Mexican officials previously reported that Zafar targeted Ashcraft over a visa denial.

The Affidavit submitted in support of the warrant says Zafar entered Mexico on a student visa, had a California driver’s license and drove a Honda Civic with California license plate. It doesn’t say when he entered Mexico or how long was he residing in the country prior to the attack.

The Affidavit did cite the use of a Starbucks receipt and Mexican immigration database to identify Zafar, and help in his apprehension by Mexican authorities.  It also says that “Mexican law enforcement searched the residence and recovered a pistol and several forms of identification bearing the name ZIA ZAFAR. A pair of sunglasses and a wig similar to the ones seen in the surveillance video were also recovered from the residence.”

The court filings do not indicate what made Consulate Guadalajara or this official the specific target in this incident; there is no mention in the unsealed court records of a visa denial as a motive in this attack.

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What did we miss?

 

Ambassador Steve Mull Back in Foggy Bottom

In June, former Ambassador Steve Mull was appointed Acting Under Secretary for Political Affairs (P) at the State Department. Until this appointment, he was a Resident Senior Fellow at Georgetown University’s Institute for the Study of Diplomacy.  Props to Secretary Pompeo for bringing him back to Foggy Bottom. Unless.  a new crop of career ambassadors were nominated and confirmed while we were gone, Ambassador Mull is the last remaining career ambassador in active service as of this writing.

EAP’s Susan Thornton to Retire After 27 Years in the Foreign Service

EAP’s Acting Assistant Secretary Susan Thornton is set to retire at the end of July after a 27-year career with the U.S. Foreign Service. The retirement was reported by Reuters on June 30.  (see Career Diplomat Susan A. Thornton to be Asst Secretary for East Asian and Pacific Affairs (EAP)Tillerson Signals No Career Nominees For Regional Bureaus? #FoggyBottomBlues). Senator Rubio was reportedly prepared to place a hold on the Thornton nomination.

Still No Nominee for Director General of the Foreign Service?

So hey, it’s now July, and the U.S. Foreign Service still does not have a nominee for Director General. U.S. law dictates the nominee must be a member of the career Foreign Service.

US Ambassador to Estonia James Melville Pens Resignation on FB Over Trump Policies

On June 29, U.S. Ambassador to Estonia, Jim Melville, announced on Facebook his intent to retire from the Foreign Service after 33 years of public service. Ambassador James Desmond Melville, Jr., of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor was nominated by President Obama as U.S. Ambassador to the Republic of Estonia in the spring of 2015. He was  confirmed by voice vote on August 5, 2015. Prior to his appointment in Estonia, Ambassador Melville was the Deputy Chief of Mission at the U.S. Embassy in Berlin, Germany.  Previous to that, he served as Executive Director of the Bureau of European and Eurasian Affairs and the Bureau of International Organization Affairs from 2010 to 2012. Ambassador Melville also served at the U.S. Embassies in London, Moscow, Paris, and at the North Atlantic Treaty Organization in Brussels.  His earlier positions with the Department of State include service as a Foreign Service Examiner, Senior Watch Officer in the Executive Secretariat Operations Center, and Legislative Management Officer in the Bureau of Legislative Affairs.  Ambassador Melville received a B.A. from Boston University and a J.D. from Rutgers University. He joined the Foreign Service in 1985 during the Reagan Administration. Below via Eesti Ekspress:

 

Confirmations

On June 28, the U.S. Senate confirmed the following nominees:

  • Robin S. Bernstein, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Dominican Republic.
  • Joseph N. Mondello, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Trinidad and Tobago.
  • Gordon D. Sondland, of Washington, to be Representative of the United States of America to the European Union, with the rank and status of Ambassador Extraordinary and Plenipotentiary.
  • Harry B. Harris, Jr., of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Korea
  • Ronald Gidwitz, of Illinois, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Belgium
  • Brian A. Nichols, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Zimbabwe
  • Tibor Peter Nagy, Jr., of Texas, to be an Assistant Secretary of State (African Affairs)
  • Francis R. Fannon, of Virginia, to be an Assistant Secretary of State (Energy Resources)

On May 24, U.S. Senate confirmed the following :

  • James Randolph Evans, of Georgia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg
  • Jonathan R. Cohen, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary, and the Deputy Representative of the United States of America in the Security Council of the United Nations.
  • David B. Cornstein, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Hungary

On April 26, the U.S. Senate confirmed the following nominees:

  • Andrea L. Thompson, of South Dakota, to be Under Secretary of State for Arms Control and International Security
  • Yleem D. S. Poblete, of Virginia, to be an Assistant Secretary of State (Verification and Compliance)
  • Kirsten Dawn Madison, of Florida, to be an Assistant Secretary of State (International Narcotics and Law Enforcement Affairs).
  • Thomas J. Hushek, of Wisconsin, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of South Sudan
  • Richard Grenell, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany.

 

US Embassy Germany: New Ambassador’s Rocky Start

On June 25, Politico Magazine did a lengthy piece on the new U.S. Ambassador to Germany Richard Grenell and his rocky start. “It is hard to overstate just how brashly he has charged onto the Berlin political scene during his first month in town.” Read Letter From Berlin: “‘He Does Not Understand What the Role of an Ambassador Should Be’

 

State/FSI’s Digital Media Administrator Pleads Guilty of Child Pornography Production

On July 2, Skydance MacMahon, 44, of Alexandria, Virginia, pleaded guilty to production of child pornography. During the time he committed these offenses, MacMahon was a Digital Media Administrator at the Foreign Services Institute of the U.S. Department of State in Arlington.  According to court documents, over at least a two year period, MacMahon, 44, conspired with an adult in Canada to produce over a thousand sexually explicit images and videos of minor children in Canada. These images and videos were produced at the direction of MacMahon using Skype and hidden cameras. MacMahon distributed these image and video files to other users and consumers of child pornography by providing access to the files on his cloud storage services and also by directly sending the files to other users.  In addition to the child pornography images and videos MacMahon himself created, he also received and possessed thousands of images and videos of child pornography. See more State Department Employee Pleads Guilty to Producing Child Pornography.

US Embassy London’s Inside the American Embassy Airs on Channel 4

The American Embassy, the previous TV series set at the U.S. Embassy in London in 2002 had six episodes but the show was canceled by Fox after only 4 episodes being broadcast.

It looks like the new show is only up for three episodes. Radio Times reports that Channel 4 has roughly 300 hours of behind-the-scenes footage and says in part: “Perhaps the most surreal part of the documentary comes when the cameras follow various British MPs attempting to garner Johnson’s attention, apparently unaware of the small mic attached to the ambassador’s lapel.” Whatthewhat?!

One TV review says: “Woody’s big problem, like everybody else’s, is the mad badger in the White House”. HIDE EVERYTHING!

US Embassy Costa Rica Sub-Contractor Pleads Guilty to Theft of $2Million Visa Fees

On June 14, a Department of State contractor pleads guilty to theft of government funds after evidence established that he stole more than $2 million of government funds that were supposed to be transferred to a bank account maintained by the Department of State’s Global Financial Services Center in Charleston. Evidence presented at the change of plea hearing established that Mauricio Andulo Hidalgo, age 43, of Costa Rica used his position as President of SafetyPay-Central America to steal over $2,000,000 of government funds.  SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica.  As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control. See more Department of State Contractor Pleads Guilty to Theft of Government Funds.

 

USCG Guangzhou Security Engineering Officer Mark Lenzi Disputes State Department Statement on Mystery Illness

On June 6, WaPo wrote about Mark Lenzi and his family who  started noticing noises in April 2017 at the U.S. Consulate General in Guangzhou, China. “A few months later, the headaches started — pain that lasted for days at a time. Lenzi and his wife experienced the same symptoms, which soon included chronic sleeplessness as well. Lenzi says he asked his superiors for help but they dismissed his concerns. Consulate doctors prescribed painkillers and Ambien, which did nothing to address the underlying causes of the problem. And then, last month, Lenzi was shocked to learn another neighbor, a fellow Foreign Service officer, had been evacuated from their building and flown back to the United States for a thorough medical assessment, which soon determined that the person in question was suffering from “mild traumatic brain injury.”  

They gave him painkillers and Ambien but medevaced the FSO next door?

The State Department reportedly issued a statement but said it is unaware of any other cases — a point “strongly disputed by Lenzi, who insists he had repeatedly informed both the embassy in Beijing and State Department headquarters in Washington of his family’s predicament.”  Lenzi, who has reportedly called for the resignation of the US Ambassador to Beijing  told WaPo that the State Department “restricted his access to the building where he normally worked after he began to speak up more forcefully about the treatment of his family, essentially neutralizing his capacity to continue his work at the consulate”.

We understand that Mark Lenzi is a specialist who was assigned as a Security Engineering Officer (SEO) in Guangzhou until he and his family were evacuated from post. Given the reported restriction to post access for speaking out about this incident, this is a case that bears watching.

State/ECA Official Pleads Guilty to Theft of Government Funds in Sports Visitors Program

On May 25,  Kelli R. Davis, 48, of Bowie, Maryland, pleaded guilty to one count of conspiracy to commit theft of public funds and engage in honest services wire fraud before U.S. Senior District Judge T.S. Ellis III of the Eastern District of Virginia.  Sentencing is scheduled for Aug. 24.

According to admissions made in connection with her plea, Davis was a Program Specialist for the State Department’s Bureau of Educational and Cultural Affairs, Office of Citizen Exchanges.  She also served as the Program Manager and Grants Officer Representative for the Sports Visitors Program, which sponsored foreign exchanges for emerging youth athletes and coaches from various countries.  The exchange program was managed by George Mason University in Fairfax, Virginia, through a federal grant and cooperative agreement with the State Department.  See State Department Official Pleads Guilty to Honest Services Wire Fraud and Theft of Federal Funds

Forced Repayment of Previously Approved Special Needs Education Allowance (SNEA)?

There were lots of talk some weeks back about people being forced to pay back special needs funding for their children that was already previously authorized and paid.  Folks were wondering if MED’s Office of Child and Family Programs (MED/CFP) previously highlighted by media reporting is responsible in getting this rolling. Anybody got some special insights on the whys and hows of this?

 

Who owns your medical and mental health records?

It has come to our attention that the State Department’s Medical Bureau can deny/restrict employees and family members overseas assignments over erroneous entries in their medical/mental health records. Of particular note is access to mental health records.  Employees can ask for an amendment to their records but how does one go about doing that without access to those records?

Apparently, State’s internal guidance doesn’t say that employees have the right to have inaccurate information removed – just that they can make the request to have it removed: “If you believe that the information we have about you is incorrect or incomplete, you may request an amendment to your protected health information as long as we maintain this information. While we will accept requests for amendment, we are not required to agree to the amendment.”

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Diplomatic Security Agent Charged With Five Counts of Sexual Assault Over Four Years in Wisconsin

Posted: 3:11 am  ET

 

Diplomatic Security agent David S. Scharlat was charged on March 31 with five counts of felony sexual assault, ranging from first to third degree, in Waukesha County Circuit Court in Wisconsin. According to the Journal Sentinel, Scharlat’s attorney, Paul Bucher, said the allegations “were old, including some that had been dismissed at an earlier civil court hearing, and his client believes the alleged actions were consensual.”

Scharlat is an agent with the U.S. Department of State Diplomatic Security Services. On Friday, a spokesperson for the State Department could not comment on his employment status or the investigation.

In a 2012 federal court filing, Scharlat said he was assigned to the Chicago Field Office and had been with the agency for about 11 years.

Wisconsin Circuit Court records indicate case 2017CV001949 was filed against Scharlat on November 6, 2017:  Waukesha County Case Number Party Sealed by Judge Bugenhagen vs. David Scot Scharlat “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

Case 2017CV001998 was filed on November 13, 2017 for “Domestic Abuse-Temp Rest Order.” Court record for the November 20, 2017 injunction hearing says:

Petitioner in court. Petitioner in court with Attorney Rebecca M Coffee. Respondent David S Scharlat in court. Attorney Paul E Bucher in court for Respondent David S Scharlat. Atty. Coffee requests to proceed on both case 17CV1998 and 17CV1949. Atty. Bucher objects to proceeding on both filings. Court stated they will proceed on both case but the definition of domestic abuse and harassment to defer. Atty. Bucher moves to dismiss both cases. Court denies the Motion to Dismiss. H.W., sworn in and testified. Atty. Bucher requests all witnesses be sequestered. Court orders all witnesses be seated in the hallway. Court continues case for criminal case to proceed. Injunction hearing scheduled for April 30, 2018 at 10:00 am.

Case 2018CF000482 was filed on March 30, 2018 charging Scharlat with Count 1 3rd Degree Sexual Assault; Count 2 1st Degree Sexual Assault/Great Bodily Harm; Count 3-5 2nd Degree Sexual Assault/Use of Force. Initial appearance is scheduled for April 11, 2018 at 1:15 pm. The Court record notes that “This case has not been concluded. Unless a judgment of conviction is entered, the defendant is presumed innocent of all charges.”

The criminal complaint includes three victims, identified as HLW, MRH and CKT with charges filed “upon a review of the investigative reports of Detective Paula Hoffa, Village of Hartland Police Department, Detective Sergeant Gwen Bruckner of the Town of Brookfield Police Department, and Lieutenant Detective Kristen Wraalstad and Officer of the Town of Oconomowoc Police Department.”

According to the complaint, “Officers made contact with Scharlat about the incident on October 20, 2017 at HLW’s residence and he advised officers that although he had been with HLW at her residence on that evening, he had not had intercourse with her at her residence.” The complaint also says that “The fitted sheet from HLW’s bed from the night of October 20, 2017 was submitted to the State Crime Lab for testing. The results from the DNA testing of the sheet showed that Scharlat’s semen was present, consistent with HLW’s statement.”

Under Count 2,  complaint says that “When questioned about HLW’s level of intoxication and her incapacity/inability to give consent, he stated when they got home from the bar, HLW was not incapacitated but did have trouble walking.”

Under Count 3 and 4, complaint says “On Monday, February 26, 2018 officers had contact with MRH 08/01/1967 who, in a statement deemed to be reliable inasmuch as she is a common, ordinary citizen witness indicates that she had been sexually assaulted by David Scharlat on two occasions.”

Under Count 5, complaint says “Officers had contact with CKT, DOB 03/12/1970 to whom they explained they were investigating an incident that they believed may have some connection to an incident involving her. In a statement deemed to truthful and reliable inasmuch as she is a common, ordinary citizen witness in this case, CKT advised that her rapist and stalker was Scharlat.”

We’ve requested comments from DS/Public Affairs about this case but so far have heard only crickets.

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Ex-FSO William Syring Charged With Hate Crime and Threats to Arab American Institute Employees

Posted: 4:09 am ET

 

On February 21, USDOJ indicted former FSO William Patrick Syring for hate crime and threatening employees of the Arab American Institute. Below is the DOJ statement:

The Justice Department today charged William Patrick Syring, 60, from Arlington, Virginia, to four counts of threatening employees of the Arab American Institute (AAI) because of their race and national origin, three counts of threatening AAI employees because of their efforts to encourage Arab Americans to participate in political and civic life in the United States, and seven counts of transmitting threats to AAI employees in interstate commerce. A summons was issued for Syring to appear in federal court in Washington, D.C. AAI is a Washington D.C. based private non-profit organization whose purpose is to encourage the direct participation of Arab Americans in political and civic life in the United States.

Each charge of threatening AAI employees because of their race and national origin and because of their advocacy on behalf of AAI provides for a sentence of no greater than one year in prison, one year of supervised release, and a fine of up to $100,000. Each charge of transmitting a threat in interstate commerce provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000.

According to court documents, Syring previously pleaded guilty to threatening AAI employees through e-mails and voicemails sent in 2006. Syring was sentenced on July 11, 2008 to 12 months of imprisonment followed by three years of post-release supervision, 100 hours of community service, and was ordered to pay a $10,000 fine.

Following termination of his supervised release, Syring resumed communications with AAI employees, sending AAI employees over 350 e-mails from March 2012 to January 2018. Several of the e-mails Syring sent to AAI employees during this time period contained true threats using language similar to that which formed the basis of his prior conviction.

This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Civil Rights Division Senior Legal Counsel Mark Blumberg and Trial Attorney Nick Reddick.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.

As noted in the current indictment, Syring was previously charged in 2006 for similar threats in four emails and three voicemails. The current indictment alleged he sent 350 e-mails from March 2012 to January 2018.

He retired from the State Department in July 2007 and he pleaded guilty in that previous case in June 2008. See an excerpt from the 2008 DOJ statement:

W. Patrick Syring, a former foreign service officer with the U.S. Department of State, pleaded guilty today in federal court in Washington, D.C., to federal civil rights charges for threatening employees of the Arab American Institute (AAI) because of their race and national origin. Syring is scheduled to be sentenced on June 30, 2008.

During his guilty plea hearing, Syring admitted that he sent a series of threatening email and voicemail communications to six employees of AAI in July 2006, that he intended to interfere with his victims’ employment, and that he sought to intimidate the victims because of their race as Arab- Americans and their national origin as Lebanese-Americans. AAI is a nonprofit organization based in Washington, D.C., that promotes Arab-American participation in the U.S. electoral system. In addition to pleading guilty to violating a federal civil rights statute that prohibits race- or national origin-based interference with employment, Syring pleaded guilty to a felony count of sending threatening communications in interstate commerce. Syring faces a maximum sentence of six years imprisonment.

According to the indictment, Syring sent four emails and three voicemails to AAI employees from approximately July 17 to 29, 2006. An additional email condemned AAI for a fatal shooting at the Jewish Federation of Greater Seattle in July 2006 that was committed by a lone gunman who had no affiliation with AAI.

A career foreign service officer and a resident of Arlington, Va., Syring retired from the US Department of State in July 2007.

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EEOC Case: Investigators Find False Accusations, Agency Refuses to Help Clear His Name

Posted: 3:01 am ET

 

This is an EEOC case about a complainant who was the Consul General at the U.S. Consulate General in Naples, Italy.  The name used here is a pseudonym as in eeoc practice but the details are similar to the ugly, nasty case a few years back that made the news.  Most notable lesson here about the Privacy Act, and the limits of  Diplomatic Security’s willingness to clear somebody’s name when needed.

Via eeoc.gov

Believing that the Agency subjected him to unlawful discrimination, Complainant filed an equal employment opportunity (EEO) claim with the Agency. On November 26, 2013, Complainant and the Agency entered into a settlement agreement to resolve the matter. This decision on the breached settlement was issued in November 2016. Excerpt below:

Background:

The record reflects that a subordinate of Complainant (Subordinate 1), who resigned in May 2012, and to a lesser extent her spouse made highly charged allegations against Complainant, i.e., entertaining prostitutes, escorts, and married women in his residence during work hours, engaging in fraud or mismanagement of funds, permitting his driver to be fired so his job could go to someone else and as a form of retaliation, throwing metal umbrella pots from his sixth floor residence down to the parking lot below and then jumping on and crushing them, and this was captured on CCTV and in front of the security guards, and so forth. By April 2013, the U.S. Embassy Rome, in consultation with the Bureau of Diplomatic Security, Special Investigation Division initiated an investigation. The investigation was conducted by two Special Agents with the Bureau of Diplomatic Security, and involved 20 individual interviews with Consulate Staff. It concluded that the accusation that Complainant threw metal pots was “false,” and the three other allegations specified above were completely false. The investigation found that the remaining allegations were variously false, completely false, unsubstantiated, not supported by evidence, and one, in essence, grossly exaggerated.

On June 16, 2013, the New York Post and Fox News published highly negative stories about Complainant, writing for example that Subordinate 1, a whistleblower, said Complainant had trysts with hookers, and this was the latest black eye for the scandal-ridden State Department. On June 17, 2013, Complainant was copied on an Agency email chain regarding the New York Post reporting Subordinate 1’s allegation that Complainant insisted a staffer have an abortion and the staffer said she got her “tubes tied” at his instruction. It was indicated in the email chain that the staffer said the article was “all lies” and felt strongly that she should respond to the article by saying something. The above DCM advised that it would be much better for the staffer not to say anything for now – that this could all blow over quickly.

In his EEO claim, according to Complainant, he alleged discrimination when he was denied assignments in line with his experience, ability, and professional background, the DCM knew that allegations against him by Subordinate 1, her spouse and two others were false and failed to take appropriate action, and management held him accountable for the false accusations and denied him support.

By letters to the Agency dated February 1, 2016 and May 10, 2016, Complainant alleged that the Agency misled him into entering into the settlement agreement and breached it. Specifically, he alleged that when he signed the settlement agreement, the Agency knew Subordinate 1’s EEO complaint had been investigated with a finding of no wrongdoing on his part, that she would likely continue to litigate in federal court, and he could have used the EEO decision to exonerate himself. Complainant wrote that after the settlement agreement, Subordinate 1 continued to attack him in the press, with articles appearing in prominent news outlets such as Newsweek and the New York Post. He pointed to a proposed June 2013 Agency press release recounting that the Diplomatic Security Service investigated the allegations and found no violations of U.S. or Italian law, and contended that had the press release been issued this would have rebutted the articles or they would not have been published. He argues that the Agency allowed employees and family members to utilize the EEO process to raise false allegations against him despite the Agency’s conclusion that they were baseless, and in failing to clear his name breached the settlement agreement and made it ineffective and unenforceable.

The Agency found that it complied with the settlement agreement. Regarding term 9.d, the Agency found that Complainant’s submittal of proposed changes to his 2012 EER was a condition precedent to the former DCM reviewing them and considering making changes, and Complainant admitted he did not submit proposed changes because he was too disheartened and depressed. On appeal, Complainant, who is represented by counsel, confirms this, but adds another reason was that he lacked the necessary facts, particularly the EEO decision on Subordinate 1’s complaint.

Regarding term 9.g, the Agency recounted that Complainant stated it was breached because (1) the Agency simply wrote a one page memorandum simply listing the allegations against him and stating they were found to be unsubstantiated rather than discussing things in context to show how his accusers seized on scandal to defame him and hinder his career, (2) the memorandum was only based on facts until October 2013, failing to fulfill its purpose of summarizing the Diplomatic Security investigation,3 and (3) the Agency, in response to his inquiries, could not give him a clear answer on whether he could share the memorandum with family, colleagues, friends, and his Italian attorney, preventing him from doing so. On appeal, Complainant confirms that he raised reasons (1) and (3). He argues that not being able to share the memorandum makes it useless and his reason for entering into settlement negotiations was to restore his reputation.

In determining that it complied with term 9.g, the Agency found that it met its obligation to provide a summary of the investigation, and that there is no evidence the parties agreed to any specific format in or upon the use of the memorandum.

In determining that it did not negotiate the settlement agreement in bad faith, the Agency found that Complainant cited no authority for the proposition that it was obligated to divulge the outcome of Subordinate 1’s EEO case, and there was no evidence it negotiated in bad faith.

On appeal, Complainant adds that he would not have bargained for a memorandum summarizing the results of the Bureau of Diplomatic Security’s investigation had he known he could not use it, this is common sense, and the Agency’s failure to authorize its use is a breach of the settlement agreement. Complainant argues that the Agency breached the settlement agreement by failing to live up to the spirit of the document. He argues that the Agency’s failure, upon his request, to allow the issuance of the proposed press release in the Agency’s name violates the settlement agreement.

In opposition to the appeal, the Agency argues that disclosing Subordinate 1’s employment discrimination investigation would violate privacy right protected information, and it did not negotiate the settlement agreement in bad faith.

Decision

In June 2013, after the New York Post reported highly charged accusations by Subordinate 1 about the way Complainant treated a staffer, an Agency email string on which Complainant was copied showed the staffer wanted to say something rebutting what was reported, but the former DCM opined it would be much better if the staffer did not say anything now – this could blow over quickly. Further, Complainant strongly suggests that he was aware the Bureau of Diplomatic Security investigation was favorable and he certainly knew the Agency had done nothing to publically clear his name. While Complainant wanted the Agency to publically clear his name, he agreed to a settlement agreement that did not have a term explicitly doing this. Instead, the Agency agreed to issue to a summary of the Bureau of Diplomatic Security to Complainant – not the public.

Complainant’s contention that the Agency bargained for the settlement agreement in bad faith is not persuasive. First, as argued by the Agency, it had reason to believe the administrative decision on Subordinate 1’s complaint was protected by the Privacy Act, since administrative EEO records are generally within the scope of the Act. Further, Complainant has not shown he did not already have sufficient information to make a fair bargain when negotiating the settlement agreement.

The FAD is AFFIRMED.

Read the full case here via eeoc.gov.

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Dear Secretary Tillerson: What Are You Going to Do About This? #16Days

Posted: 3:40 am ET
 

 

A new mail in our inbox:

“In reference to a blog posting dated August 8th, you reported on a woman who was raped and stalked by a supervisory special agent.  This employee is still employed and he has struck again.  Why is he still employed yet still committing offenses?”

The new case includes a petition for temporary restraining order/injunction filed on November 13, 2017. It appears that the petitioner in this case did testify but the injunction hearing is scheduled for April 2018.

Back in August, we blogged about an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States:

She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

Read more: A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

We are aware of at least three different incidents allegedly perpetrated by the same individual who has law enforcement authority. One of these three identifies herself as “Victim #4”.

Per Department of State Authorities Act for Fiscal Year 2017:

1 FAM 053.2-6  Required Reporting of Allegations to the OIG (CT:ORG-411;   04-13-2017)

a. Effective December 16, 2016, section 209(c)(6) of the Foreign Service Act of 1980, as added by section 203 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 3929(c)(6)), provides:

REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.—

(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—

(i) waste, fraud, or abuse in a Department program or operation;

(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;

(iii) criminal misconduct on the part of a Department employee; and

(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.

(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation.

b. Any allegation meeting the criteria reflected in the statute should immediately be brought to the attention of the relevant head of a bureau, post, or bureau-level office. (Bureau-level offices are entities on the Department’s organizational chart as revised from time to time, see Department Organizational Chart.)

c.  The first report by any Department entity should cover the period beginning December 16, 2016 (the day the law went into effect), and ending not later than five business days before the date of that report. Thereafter, any additional reportable information is due not later than the five-business day deadline stated in the statute. 

See more: @StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days

The case of the individual in the August blogpost occurred before the Department of State Authorities Act for Fiscal Year 2017 became law. But this latest case was filed on November 13, 2017.

We’ve asked Diplomatic Security for comment but despite ample time to do so, we only hear radio silence.

NADA

We’ve inquired from State/OIG if DS officially reported this case to them, and we got the following response:

“In response to your inquiry, it is best addressed by the Department.”

What the what?! So we end up asking our dear friends at the State Department’s Public Affairs shop:

We recently received information that the same individual is now alleged to have committed similar offenses in another state. This is not the first nor the second allegation. Since DS never acknowledged nor responded to our request for comment, and State/OIG told us we should direct this question to you, we’re asking if you would care to make a comment. What is the State Department’s response to this case involving an individual, a supervisory DS agent with multiple allegations who remains a member of the agency’s law enforcement arm?

Apparently, our dear friends are still not talking to us.  As of this writing we have not received any acknowledgment or any response to our inquiry.  Should we presume from this silence that the State Department hope that we just get tired of asking about this case and go away?

Anyone care that there is potentially a serial offender here?

In 2014, a woman (identified herself as Victim #4) reported that she was raped and stalked by a supervisory agent of Diplomatic Security.

In April 2015, a case was filed for Domestic Abuse-Temp Rest Order against the same person.  The case was closed. Court record says “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.” 

On November 6, 2017, another case for “Harassment Restraining Order” was registered against the same individual and closed. The court sealed the name of the complainant. The court record says  “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

On November 13, 2017, a “Domestic Abuse-Temp Rest Order” was filed against the same individual, and this case is scheduled for an injunction hearing on April 30, 2018.

2014. 2015. 2017.

A source speaking on background explained to us that once Diplomatic Security completes the investigation, its Office of Special Investigations (OSI) sends the case report to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD).  This office is under the responsibility of the Director General of the Foreign Service, or in the absence of a Senate-confirmed appointee, under the authority of Acting DGHR William E. Todd, who reports to the Under Secretary for Management (currently vacant), who in turn reports to the Deputy Secretary of State John Sullivan.

“The most concerning cases can take years and remember, the employee is waiting from CSD to hear proposed discipline. Almost everybody appeals that initial decision. Then they appeal the next decision to the FSGB which, not infrequently, dismisses cases or reduces disciplinary action for timeliness. Each step in the process can take multiple years and DS can’t do anything other than remove law enforcement authority when appropriate.”

This one via State/OIG (ISP-I-15-04):

The Bureau of Diplomatic Security, OIG, and/or the Office of Civil Rights (S/OCR) may initially investigate misconduct involving both Foreign Service and Civil Service employees, depending on the nature of the allegation. If an investigation suggests a possible disciplinary issue, the case is forwarded to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD). Similarly, when a bureau without delegated disciplinary authority or post management determines that misconduct by an employee warrants more than admonishment, they forward documentation to HR/ER/CSD for consideration of disciplinary action. HR/ER/CSD, which has eight staff members, receives about 240 referrals per year.

“Preponderant Evidence” vs “Beyond a Reasonable Doubt” Standard via State/OIG:

HR/ER/CSD and bureaus with delegated disciplinary authority are responsible for determining whether disciplinary action is warranted and for developing disciplinary proposals.

The “preponderant evidence” standard is used rather than the higher standard of “beyond a reasonable doubt” used in criminal cases.4 The Department is additionally required to establish a nexus between the disciplinary action and the promotion of the efficiency of the service.5 For both Civil Service and Foreign Service disciplinary cases, a proposed penalty is based on the review of similar past discipline cases and the application of the Douglas Factors…”

The Office of the Legal Adviser, Employment Law (L/EMP), and DGHR’s Grievance Staff, along with the Office of Medical Services, the Bureau of Diplomatic Security, OIG, DGHR’s Office of Career Development and Assignments, and domestic bureaus or overseas posts, as necessary, cooperate in developing a factual basis for a disciplinary case. HR/ER/CSD and L/EMP clear proposed disciplinary actions from the bureaus with delegated disciplinary authority that involve suspension, termination, or reduction in pay grade for Civil Service employees.

In the 2014 State/OIG report, HR/ER/CSD staff members acknowledge that timeliness is one of their primary challenges and that the case specialists are consistently unable to meet their performance target of 30 days from receipt of a complete referral package to proposal finalization. “The OIG team’s analysis of 891 discipline cases between 2010 and May 2014, for which timeliness data could be extracted from the GADTRK database, revealed that the average time from case receipt to decision letter was 114 days.”

Our source speaking on background elaborated that the reason State/DS has an adverse action list is because it takes so long for the Department to discipline employees, Diplomatic Security “needed a tracking mechanism.” (see Bureau of Diplomatic Security’s “Naughty List” — What’s That All About?).

But. 2014. 2015. 2017.

How many is too many?

How long is too long?

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U.S. Mission Turkey Representatives, Lawyer Not Allowed to See Jailed Turkish Employee

Posted: 4:15 am ET
Follow @Diplopundit

 

We recently blogged about the arrest of U.S. Mission Turkey’s local employee in Istanbul (see Turkey Arrests U.S.Consulate General Istanbul Local Employee Metin Topuz on “Terror Charges”U.S. Mission Turkey Suspends All Non-Immigrant Visa Services Over Latest Arrest of Local Employee

Note that there are no cancellation of visas, and this is not a visa ban, but this is clearly, a specific action taken by the U.S. Government over the Turkish Government’s treatment of U.S. Mission employees in Turkey.

The U.S. Ambassador to Turkey John Bass released a fuller statement on the suspension of visa services (see below). Ambassador Bass notes that this is the second arrest of a Turkish staff member of U.S. Mission Turkey. Both employees arrested have worked for the U.S. Government at U.S. Mission Turkey for over 30 years.

Last week, for the second time this year, a Turkish staff member of our diplomatic mission was arrested by Turkish authorities.  Despite our best efforts to learn the reasons for this arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.  The employee works in an office devoted to strengthening law enforcement cooperation with Turkish authorities and ensuring the security of Americans and Turkish citizens.  Furthermore our colleague has not been allowed sufficient access to his attorney.

Ambassador Bass also points out that the local employee was doing his job for the diplomatic post:

Let me be clear: strengthening law enforcement cooperation between the United States and Turkey was the employee’s job.  Speaking to and traveling with Turkish police was a part of his regular duties and the Turkish government has not shared any information to indicate the employee was involved in any illegal activity.  

We understand that the U.S. Government has provided attorneys for the jailed employee in Adana, as well as the jailed employee in Istanbul but access has been problematic. A source speaking on background confirmed to us that the U.S. Government has asked for the release of these employees and that the Government of Turkey’s response has been “we’ll look into it.”  The U.S. Government has also requested to see Metin Bey in Istanbul but was not allowed to see him.

Under Turkey’s “state of emergency”, U.S. Mission employees do not have proper access to counsel and they aren’t informed of charges or evidence against them. Turkish President Recep Tayyip Erdogan first announced that Turkey will be placed under a “state of emergency” for three months, in response to the failed coup in mid 2016. Al Jazeera notes that Turkey’s last “state of emergency” was imposed in the country’s southeast region for the fight against Kurdish armed groups in 1987 and only lifted in 2002. It also points out that “under a state of emergency in Turkey, the president can largely rule by decree.”  On October 6, the Council of Europe has called on Turkey to ease post-coup state of emergency laws that have seen thousands arrested and to restore power to regional authorities.

Turkey Seeking a Third Employee?

In related news, Turkey’s Anadolu Agency reported on Monday that an “unnamed U.S. Consulate employee has been summoned to testify as a suspect” citing the Chief Prosecutor’s Office” in Istanbul: “An employee at the U.S. Consulate Istanbul, N.M.C., who does not have diplomatic immunity, has been summoned to our chief public prosecutor’s office [in Istanbul] for his testimony.” According to the report, the statement released also says that the employee’s “child and wife have been detained on terror charges in Amasya, a city in the Black Sea region.” Elsewhere, local media reports also say that this unnamed employee has not left the Consulate.

Despite wide reporting concerning this third employee, the Government of Turkey has apparently told the U.S. Government that there is no warrant (yet) for the third employee. A source familiar with the matter told us that it is not true that the employee has not left the Consulate or that he is staying at the Consulate.

But let that sink in. They’re holding the employee’s wife and child on terror charges. What’s to keep the Turkish Government from holding as hostages the family members of any or all local employees in Turkey, so those employees would voluntarily surrender without charges, without lawyers, just to keep their families safe?

Dual Turk-American Citizens

There are also multiple Americans jailed in Turkey after the failed coup attempt (see Americans Jailed After Failed Coup in Turkey Are Hostages to Politics): We understand that American Consular Officers have been given access to Americans in jail but not if the individuals are dual nationals. Apparently, the Government of Turkey has told the U.S. Government that if the jailed individuals are dual Turk-Americans, that the United States has no right to see them.

Okay — So Why the Why?

Folks are not sure if Turkey is playing hardball because of Fethullah Gulen (based in the U.S.), accused by Ankara of masterminding the July 15 coup attempt,  or because of Reza Zharab, an Iranian-Turkish citizen arrested for conspiring to evade U.S. sanctions against Iran, money laundering, and bank fraud, a case that allegedly implicates certain officials including a former Turkish Minister of  the Economy, and a former general manager of a Turkish Government-owned bank. It’s worth noting that the Zharab case has expanded to include nine defendants, and is scheduled to begin trial on October 30 before Judge Berman in the Southern District of New York. The prosecution of the Zharab/Zarrab case is being handled by the Southern District of New York’s Terrorism and International Narcotics Unit. Yo! And that Consulate employee Turkey arrested in Istanbul works for the Drug Enforcement Administration (DEA).

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