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@StateDept Contractor Pleads Guilty to Stealing USG Money by Falsifying Travel Expense Claims

Posted: 2:43 am ET

 

According to the U.S. Attorney’s Office for the Northern District of Florida, a State Department contractor who worked at USCG Jerusalem has pled guilty to stealing money from the U.S. Government by falsifying his travel expenses. When Timothy James Nelson, the defendant first began working in Jerusalem, the U.S. Department of State Regional Security Office made his hotel arrangements at the Waldorf Astoria Hotel in Jerusalem. The nightly rate at that hotel was $360.00 per night, which was the U.S. Government lodging per diem in Jerusalem.  The Government’s statement of facts alleged that beginning on or about July 3, 2015, the defendant elected to stay at a third location for a cheaper hotel rate but asked for travel reimbursements at the maximum lodging per diem. The defendant was reimbursed a total of $59,300 for five stays of different durations at Jerusalem Apartments. Since he was only charged half of that amount by Jerusalem Apartments, the defendant stole or converted for his own use $29,650 from the U.S. Department of State. See the attached documents below:

Navarre Man Pleads Guilty to Stealing Money from the Government by Falsifying Travel Expense Claims

PENSACOLA, FLORIDA – Timothy James Nelson, 36, of Navarre, Florida, has pled guilty to theft of government funds. The guilty plea was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.

Documents introduced at the time of the guilty plea reflect that, between July 1, 2015, and April 1, 2016, Nelson submitted false travel expense claims for hotel stays to steal $29,650 from the U.S. Department of State. Nelson did so while working as a contractor in Jerusalem for a security company installing and repairing communication equipment in vehicles operated by employees of the U.S. Department of State.

Nelson faces a maximum of 10 years in prison. The sentencing hearing is scheduled for June 16 at 1:00 p.m. at the United States Courthouse in Pensacola.

The case was investigated by special agents from the United States Department of State’s Office of Inspector General (DOS-OIG), Steve A. Linick inspector general. It was prosecuted by Assistant United States Attorney J. Ryan Love.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Financial Fraud
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@StateDept OMS Arrested/Charged With Concealing Extensive Contacts With Chinese Intel Agents

Posted: 5:17 pm ET
Updated: March 30, 4:18 am ET  

 

On March 29, the Justice Department announced the arrest of State Department employee, Candace Marie Claiborne, 60, of Washington, D.C. for obstructing an official proceeding and making false statements to the FBI, both felony offenses, and for allegedly concealing numerous contacts that she had over a period of years with foreign intelligence agents.  The State Department phone directory dated March 27, 2017 lists Candace Claiborne as an Office Management Specialist (OMS) at the Office of Caucasus Affairs and Regional Conflicts (EUR/CARC). This office has desk officers for Armenia, Georgia, and Azerbaijan, as well as the Minsk Group Co-Chair.  The Minsk Group  provide a forum for negotiations towards a peaceful settlement in the Nagorno-Karabakh conflict involving Armenia and Azerbaijan.

The DOJ announcement notes that Claiborne has been an Office Management Specialist (OMS) for the Department of State in since 1999 and has served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China.  Given the lengths of the tours of duty, we suspect that she was in more than four posts in 18 years, but we have yet to see a copy of the FBI complaint. OMSs provide office management and administrative support including managing the calendar(s) and schedule(s) for senior staff, proofing, editing, tracking and filing documents, preparing agenda and materials for meetings, providing computer and mobile device support, knowledge management, and planning and assisting with official events and visitors. Read more about OMSs here.

According to the FBI agent’s affidavit supporting the criminal complaint and arrest warrant, “there is probable cause to believe that Claiborne made materially false statements to federal law enforcement officers, in violation of 18 U.S.C. 1001, and conspired with Co-Conspirators A B, and C to obstruct an official proceeding, in violation of 18 U.S.C. 1512. These criminal violations werc either begun or committed in Washington D.C., where Claiborne resides and works, and where the Department of State is headquartered or were begun or committed overseas, out of the jurisdiction of any particular state.”  But who’s Co-Conspirator A, and why wasn’t he charged?

Read the criminal complaint here via Politico. It looks pretty bad. 

Below is the DOJ announcement:

State Department Employee Arrested and Charged With Concealing Extensive Contacts With Foreign Agents

A federal complaint was unsealed today charging Candace Marie Claiborne, 60, of Washington, D.C., and an employee of the U.S. Department of State, with obstructing an official proceeding and making false statements to the FBI, both felony offenses, for allegedly concealing numerous contacts that she had over a period of years with foreign intelligence agents.

The charges were announced by Acting Assistant Attorney General Mary B. McCord for National Security, U.S. Attorney Channing D. Phillips of the District of Columbia and Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office.

“Candace Marie Claiborne is a U.S. State Department employee who possesses a Top Secret security clearance and allegedly failed to report her contacts with Chinese foreign intelligence agents who provided her with thousands of dollars of gifts and benefits,” said Acting Assistant Attorney General McCord. “Claiborne used her position and her access to sensitive diplomatic data for personal profit. Pursuing those who imperil our national security for personal gain will remain a key priority of the National Security Division.”

“Candace Claiborne is charged with obstructing an official proceeding and making false statements in connection with her alleged concealment and failure to report her improper connections to foreign contacts along with the tens of thousands of dollars in gifts and benefits they provided,” said U.S. Attorney Phillips. “As a State Department employee with a Top Secret clearance, she received training and briefing about the need for caution and transparency. This case demonstrates that U.S. government employees will be held accountable for failing to honor the trust placed in them when they take on such sensitive assignments”

“Candace Claiborne is accused of violating her oath of office as a State Department employee, who was entrusted with Top Secret information when she purposefully mislead federal investigators about her significant and repeated interactions with foreign contacts,” said Assistant Director in Charge Vale. “The FBI will continue to investigate individuals who, though required by law, fail to report foreign contacts, which is a key indicator of potential insider threats posed by those in positions of public trust.”

The FBI arrested Claiborne on March 28. She made her first appearance this afternoon in the U.S. District Court for the District of Columbia.

According to the affidavit in support of the complaint and arrest warrant, which was unsealed today, Claiborne began working as an Office Management Specialist for the Department of State in 1999. She has served overseas at a number of posts, including embassies and consulates in Baghdad, Iraq, Khartoum, Sudan, and Beijing and Shanghai, China. As a condition of her employment, Claiborne maintains a Top Secret security clearance. Claiborne also is required to report any contacts with persons suspected of affiliation with a foreign intelligence agency.

Despite such a requirement, the affidavit alleges, Claiborne failed to report repeated contacts with two intelligence agents of the People’s Republic of China (PRC), even though these agents provided tens of thousands of dollars in gifts and benefits to Claiborne and her family over five years. According to the affidavit, the gifts and benefits included cash wired to Claiborne’s USAA account, an Apple iPhone and laptop computer, Chinese New Year’s gifts, meals, international travel and vacations, tuition at a Chinese fashion school, a fully furnished apartment, and a monthly stipend. Some of these gifts and benefits were provided directly to Claiborne, the affidavit alleges, while others were provided through a co-conspirator.

According to the affidavit, Claiborne noted in her journal that she could “Generate 20k in 1 year” working with one of the PRC agents, who, shortly after wiring $2,480 to Claiborne, tasked her with providing internal U.S. Government analyses on a U.S.-Sino Strategic Economic Dialogue that had just concluded.

Claiborne, who allegedly confided to a co-conspirator that the PRC agents were “spies,” willfully misled State Department background investigators and FBI investigators about her contacts with those agents, the affidavit states. After the State Department and FBI investigators contacted her, Claiborne also instructed her co-conspirators to delete evidence connecting her to the PRC agents, the affidavit alleges.

Charges contained in a criminal complaint are merely allegations, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

The maximum penalty for a person convicted of obstructing an official proceeding is 20 years in prison. The maximum penalty for making false statements to the FBI is five years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

At her court appearance today, Claiborne pleaded not guilty before the Honorable Magistrate Judge Robin M. Meriweather. A preliminary hearing was set for April 18.

The FBI’s Washington Field Office is leading the investigation into this matter. The case is being prosecuted by Assistant U.S. Attorneys John L. Hill and Thomas A. Gillice for the District of Columbia and Trial Attorney Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.

It looks like the arrest warrant was issued yesterday, and the complaint was unsealed today, but we have yet to locate the charging document.  As with the DOJ statement, we should note that charges contained in a criminal complaint are allegations, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.

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Sex Trafficker Used @StateDept’s Summer Work Travel Program in Scheme Targeting Foreign Students

Posted: 1:52 am ET

 

On March 24, USDOJ announced the sentencing of Jeffrey Jason Cooper to 30 years in prison for sex trafficking. Cooper recruited foreign university students from Kazakhstan through the Department of State’s Summer Work Travel Program (SWTP), falsely promising them clerical jobs at his fictitious yoga studio.   According to DOJ, he fraudulently induced an educational exchange agency to sponsor the victims’ visas, and caused government officials to issue the victims temporary, non-immigrant “J-1” visas based on Cooper’s false and fraudulent offer of legitimate summer jobs.

Below via USDOJ/FL:

Miami Beach Sex Trafficker Sentenced To 30 Years in Prison For International Trafficking Scheme Targeting Foreign University Students

Defendant Lured Foreign Students on False Promises in Furtherance of Interstate Prostitution and Erotic Massage Enterprise

Chief United States District Court Judge K. Michael Moore of the Southern District of Florida sentenced Jeffrey Jason Cooper, 47, of Miami Beach, Florida, to 30 years in prison for sex trafficking and related violations arising from the defendant’s scheme to recruit foreign students on false promises of legitimate summer jobs, and then to advertise them to customers of his prostitution and erotic massage enterprise. Chief Judge Moore also ordered Cooper to pay $8,640.00 in restitution to the victims.

A jury convicted Cooper on Nov. 17, 2016, of five counts of sex trafficking and attempted sex trafficking by fraud, three counts of wire fraud, two counts of importing and attempting to import aliens for prostitution or immoral purposes, and one count of using a facility of interstate commerce to operate a prostitution enterprise. According to evidence presented during the four-day trial, Cooper recruited foreign university students from Kazakhstan through the Department of State’s Summer Work Travel Program, falsely promising them clerical jobs at his fictitious yoga studio. In addition to defrauding the students, Cooper fraudulently induced an educational exchange agency to sponsor the victims’ visas, and caused government officials to issue the victims temporary, non-immigrant “J-1” visas based on Cooper’s false and fraudulent offer of legitimate summer jobs.

After the victims arrived in Miami, Cooper revealed to them for the first time that the yoga studio did not exist and that he expected them to perform erotic massages for customers of his erotic massage and prostitution enterprise. Witnesses testified that the victims, shocked and upset, tried to find work elsewhere but eventually gave up and began working for the defendant.

As established at trial, police began investigating Cooper after neighbors complained he was prostituting women from his apartment complex, and conducted an undercover operation that led to the recovery of the victims, one day before Cooper had scheduled them to travel to Los Angeles, California, where Cooper also operated his prostitution and erotic massage enterprise. When questioned by law enforcement, Cooper claimed that the victims cleaned apartments for him, and characterized his relationship with them as that of an “older brother.” Evidence at trial included records from Backpage.com advertising the victims’ services, and Facebook communications confirming that Cooper recruited the victims on false and fraudulent pretenses, revealing the true nature of his erotic massage and prostitution enterprise only after the victims arrived in the United States.

“The successful prosecution and decades-long sentence imposed on Jeffrey Cooper illustrate the international impact of law enforcement’s united efforts to combat human trafficking – whether by fraud, force or otherwise,” said Acting U.S. Attorney Benjamin G. Greenberg. “The U.S. Attorney’s Office will continue to bring to justice those individuals who knowingly exploit others for their own personal profit.”
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“We are committed to working with our law enforcement partners to prevent situations where vulnerable individuals are exploited in human trafficking schemes such as this,” said Christian Schurman, acting director of the State Department’s Diplomatic Security Service (DSS). “Because of our global presence, DSS is positioned to work with U.S. and foreign law enforcement to stop those that would manipulate instruments of international travel to profit from selling human beings in this way.”

The case was investigated by HSI and DSS, with assistance from the Prosecutor General’s Office in Kazakhstan; the FBI Legal Attaché Office in Astana, Kazakhstan; the Justice Department’s Office of International Affairs, the Miami Dade Police Department and the North Bay Village, Florida, Police Department. The case was prosecuted by Assistant U.S. Attorney Seth M. Schlessinger, who was previously with the Southern District of Florida and is now with the Eastern District of Pennsylvania, and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.  Some of the documents including the complaint are also available online here through plainsite.org.

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Former DCM’s Spouse Labib Chammas Gets 30 Months in Prison For Sexual Abuse of Household Staff Member

Posted: 12:41 pm ET

 

Last October, we posted about the Justice Department’s case against Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco who pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years (see Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty).

Today, the Justice Department announced that Labib Chammas was sentenced to 30 months in prison for sexually abusing a household staff member

The husband of the former Deputy Chief of Mission in Rabat, Morocco, was sentenced today to 30 months in prison for sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of McLean, Virginia, pleaded guilty on Oct. 12, 2016, to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Judge Cooper also sentenced Chammas to a five-year term of supervised release and ordered him to pay a $15,000 fine.  Chammas is required to register as a sex offender for a period of 15 years.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS’s Office of Special Investigations investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case.

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This case was investigated on February 13. 2013 by DS/OSI agents in Morocco but the individual was not charged and no arrest warrant was issued until May 13, 2016. We’ve previously asked USDOJ about the 3-year gap between the investigation and the filing of charges. At that time, DOJ declined to comment because the case was ongoing. So, we’ll try one more time to request information about the gap in the investigation/filing of charges and will update this when info is available.

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Administrative Leave: A Prerogative to Meet the Needs of the Service, Not/Not an Entitlement

Posted: 12:37  pm RT

 

Unlike the MSPB, the Foreign Service Grievance Board does not identify its precedential decisions but the case below on administrative leave is worth noting whether this is precedent setting or not. In this case, FSGB says that administrative leave is 1) not an entitlement, 2) that it is a prerogative administered by management to meet the needs of the Service, 3) and that Department was not obligated to provide grievant with an explanation for its decision to deny admin leave.

Via FSGB:

Grievant is a Diplomatic Security Service Special Agent who became involved in an altercation with a local civilian while off duty during a temporary duty (TDY) assignment in Honolulu. This incident resulted in the discharge of his service weapon and the death of the civilian. The State of Hawaii brought criminal charges against grievant, and the Department of Justice (DOJ) declined to represent him, finding that the incident was not the consequence of an official act or performance of his official duties.

For unspecified reasons, the Department placed grievant on administrative leave twice: first, in the aftermath of the shooting, when he was under judicial order not to leave Honolulu, and second, during the pendency of his first trial in 2013 (which resulted in a hung jury). Facing a second trial in 2014, grievant asked the Department to place him on administrative leave again. The Department ultimately denied this latter request and upheld its decision in an agency-level grievance.

Grievant acknowledged that under regulation (3 FAM 3464) the Department has discretionary authority to grant or deny administrative leave. He argued that although the Department is not compelled to grant his request, the weight of both equity and precedent suggest that it should do so. He asserted that the circumstances under which the Department earlier took the initiative to place him on administrative leave are substantially the same as those for which he later requested administrative leave (i.e., for his second trial) and arise from the same incident. He contended that if the Department is to “change” its decision regarding whether to grant him administrative leave, it must provide him an explanation of why it did so.

As the instant appeal does not concern discipline, grievant bears the burden of demonstrating that his grievance is meritorious. We found that grievant had failed to demonstrate that the Department had any obligation to approve his request for administrative leave or that it had violated any law or regulation in not doing so. Finally, we found that the facts of this case do not establish that the Department “changed” its decision; rather, the various decisions it made regarding whether to place grievant on administrative leave were separate, independent decisions. The Board concluded that the Department was not obligated to provide grievant with an explanation for its decision to deny AL. The appeal was denied in its entirety.

Read in full below:

 

Related posts:

 

Snapshot: Douglas Factors

Posted: 3:34 am ET

 

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 12 Douglas Factors are mitigating or aggravating factors that may affect the penalty imposed:

  • The nature and seriousness of the offense, and its relation to the employee’s duties, position, and responsibilities, including whether the offense was intentional, technical, or inadvertent; was committed maliciously or for gain; or was repeated frequently.
  • The employee’s job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position.
  • The employee’s past disciplinary record.
  • The employee’s past work record, including length of service, performance on thejob, ability to get along with fellow workers, and dependability.
  • The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect upon supervisors’ confidence in the employee’s ability to perform assigned duties.
  • Consistency of the penalty with those imposed upon other employees for the same or similar offenses.
  • Consistency of the penalty with any applicable agency table of penalties.
  • The notoriety of the offense or its impact upon the reputation of the agency.
  • The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question.
  • The potential for the employee’s rehabilitation.
  • Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, bad faith, or malice or provocation on the part of others involved in the matter.
  • The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

In Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), the Merit Systems Protection Board established criteria that supervisors must consider in determining an appropriate penalty for misconduct. See the Office of Personnel Management Web site for a complete list (https://www.opm.gov/policy-data-oversight/employee- relations/reference-materials/douglas-factors.pdf).

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USG Invokes Sovereign Immunity in Ex-Local Embassy Guard Case in Ireland

Posted: 12:30 am ET

Via The Irish Times:

A former US embassy security guard has been told he cannot take an employment appeals case over his dismissal as his former employer, the US government, has diplomatic immunity in Ireland.

John Greene had argued that he was unfairly dismissed from the security guard role in September 2013 following an investigation into what his superiors termed a “security breach” at the embassy in Ballsbridge, Dublin.
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In hearings that touched on several Supreme Court rulings, as well as the European Convention on Human Rights, counsel for the US government successfully argued that sovereign immunity applies due to the important nature of Mr Greene’s duties.

Related posts:

 

 

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Anonymous Letter Outs Sexual Abuse of Household Staff, Former DCM’s Husband Pleads Guilty

Posted: 3:18 am ET
Update: 5:08 pm ET

 

On October 12, the Justice Department announced that Labib Chammasthe husband of the former DCM at the US Embassy in Rabat, Morocco pleaded guilty to abusing a member of the household staff who had worked at the embassy residence for 16 years. He is set for sentencing on January 4, 2017:

Via USDOJ: Husband of Former U.S. Embassy Official in Morocco Pleads Guilty to Sexually Abusing Household Staff Member |  October 12, 2016

The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.

Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.

The original announcement is available to read here.

Affidavit in Support of Criminal Complaint

According to the May 13, 2016 Affidavit executed by DSS Agent Elizabeth Marmesh, her investigation “determined that between the dates of August 2010, and February 2013, Labib Chammas, a United States citizen, sexually assaulted a female member of his domestic staff within the confines and on the grounds of his U.S. Government-provided embassy residence in Rabat, Morocco. Chammas was married to the Deputy Chief of Mission (“DCM”) of U.S. Embassy Rabat, and resided in U.S. Govemment housing at “Villa Monterey” located at Angle Rue Memissa. No. 79, La Pinede, Rabat, Morocco (“DCM Residence”).”

The Affidavit cites SMTJ for this offense:  Title 18, United States Code, Section 7(9)(B), provides that. with respect to offenses committed by or against a national of the United States, the “Special Maritime and Territorial Jurisdiction of the United States” includes residences in foreign States and the land appurtenant or ancillary thereto, inespective of ownership. used for purposes of United States diplomatic, consular, military, or other United States Govemment missions or entities in foreign States, or used by United States personnel assigned to those missions or entities.

Anonymous letter to OIG outs sexual abuse. We’ve extracted the following main details from the Affidavit. The court document contains much more graphic descriptions of the abuse:

On February 11. 2013, DS/OSI received a referral from the U.S. Department of State’s Office of the lnspector General (OIG). ln the referral, OIG personnel informed OSI that during a routine inspection of the U.S. Embassy in Rabat, the OIG inspection team received an anonymous letter alleging that Labib Chammas, husband of the DCM was sexually assaulting a member of his domestic staff.

On February 11.2013, DS/OSI deployed Special Agents (SAs) to Rabat. DS Agents interviewed Kenneth Hillas, Deputy Team Leader of the OIG inspection team. Hillas stated that he was visiting the U.S. Embassy Rabat. Morocco in order to conduct an OIG inspection of the Embassy. Hillas stated that on Friday, February 8,2012, the OIG staff discovered an envelope addressed to “OIG eyes only” in a pile of letters containing surveys fiom Embassy employees in reference to their inspection. Hillas stated that the envelope contained an anonymous typed letter containing allegations against Labib Chammas of sexual assault. Upon discovering the allegations, Hillas notified the Regional Security office (RSO) at U.S. Embassy Rabat and OSI. Hillas provided RSO with the original letter. Hillas stated that the anonymous letter alleged that Labib Chammas was sexually assaulting one of his domestic staff. Hillas stated that the domestic staff members were not interviewed as part of the OIG’s inspection, as they were not U.S. Government employees.

Interviews and evidence collection

The victim was subsequently interviewed on several occasions by federal law enforcement agents, with the assistance of an interpreter. During the course of subsequent interviews, Victim I elaboraled on the details of the ongoing sexual abuse to which Labib Chammas subjected her to between August 2010 and February 2013.

On February 13. 2013, DS Agents conducted a voluntary interview of Labib Chammas. Labib Chammas stated that he had threatened to call the police on his domestic staff or fire the domestic staff because he believed they were stealing from him. Labib Chammas stated that he had received back and leg massages from two staff members, a male employee, witness 2, and the victim, viclim l, because he would get pain in his hip due to a medical issue. DS Agents asked Labib Chammas if the massages ever involved sexual acts, to which Chammas stated “l don’t recall.” and that it might have happened.

In light of the disclosures of Victim l, on February 19, 2013, DS Agents obtained a search warrant for the DCM’s Residence to obtain possible biological evidence. On February 20,2013. a DS agent and a RSO entered the DCM’s Residence in order to execute the search and seizure warrant.

DS Agents photographed the residence and “TV room” prior to any search. DS Agents conducted an inspection of the “TV room” with an altemative light source (ultraviolet light) and discovered possible biological evidence on two couch cushions, the front couch skirt, and locations on the carpet in front of the couch. DS Agents photographed and seized the two couch cushion covers and swabbed the other surfaces.

The FBI DNA Laboratory, Nuclear DNA Unit, conducted serological and DNA testing on the items seized in the execution of the search warrant. Semen was identifled on the swab from front right skirt of couch from the “TV room.” DNA testing confirmed that Labib Chammas was the source of the DNA obtained from the semen stain on the front right skirt of the couch. Based on a statistical probability calculation in which probability of selecting an unrelated individual at random having a matching profile to the DNA obtained was equal to or less than 1 in 6 trillion individuals.

An Arrest Warrant for Labib Chammas was issued by the U.S. District of the District of Columbia on May 13, 2016. In his State of Offense filed in court on October 12, 2016, we learned a few more details:

When the defendant and his wife moved into the DCM Residence in or about August 2010, three household employees were employed there. The defendant and his wife maintained the employ of each of these household staff members during their tenure at the DCM Residence from August 2010 until February 2013. Each of the employees was a Moroccan national who had worked at the DCM Residence and for the Embassy for well over a decade and throughout the tenure of at least the five prior DCM administrations. The defendant took on responsibility for overseeing the day—to-day work of these employees. According to the employees, the defendant was an abusive head—of—household, frequently yelling at the employees, demeaning them, and telling them that they would be fired for failing to live up to his expectations. The employees lived in constant fear that they would lose their jobs.

Among the household staff overseen by the defendant at the DCM Residence was a female cook (hereafter the “victim”), who had worked at the DCM Residence for 16 years by the time the defendant moved into the DCM Residence. The victim, an unmarried Muslim woman, was 53 years old at the time, had a third grade education, and was the sole source of support for her entire family including her elderly parents and several of her siblings and their children, who all lived together in a single residence in Rabat.

The victim did not disclose the above abuse out of fear of losing her job. The above conduct was reported by anonymous letter and came under investigation as a result.

It looks like the DCM’s tenure in Morocco concluded during this investigation in February 2013 but the affidavit and arrest warrant did not happen until May 2016.

Anybody know why there is such a lengthy gap between the investigation conducted in 2013 and filing the case in 2016?

Also a reminder to folks that we’re still searching for the guidance cables on sexual assault reporting for the FS as they are not on the FAM.

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USDOJ Drops US Embassy Yemen Passport Revocation Case Sans Explanation

Posted: 2:16 am ET

 

On October 13, 2015, the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013.” (See Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport). In February 2016, the U.S. District Court of the Northern District of California issued a cross motions for summary judgment: “This lawsuit presents the question of whether the United States government may revoke a United States citizen’s passport based solely on a purported “confession” that the citizen did not write, dictate, read, or have read to him, but did in fact sign. On the record before the Court, the answer is no.” (see more Omar v. Kerry, et.al: Passport Revocation “Arbitrary and Capricious,” New Hearing Ordered Within 60 Days).

On October 5, 2016, the United States Attorney for the Northern District of California asked to drop the case “without prejudice.”  We’re wondering how many more of these revocation cases would mow be dropped and sealed in court.

Via Politico:

Federal prosecutors — acting abruptly and without public explanation — have moved to drop a controversial criminal passport fraud case that critics alleged stemmed from coercive interrogations at the U.S. embassy in Yemen.

Earlier this year, a grand jury in San Francisco indicted Mosed Omar on passport fraud charges linked to a statement he signed during a 2012 visit to the U.S. diplomatic post in the unstable Middle Eastern nation.
[…]

Thursday afternoon, prosecutors submitted a brief court filing asking to drop the criminal case “without prejudice,” meaning it could be refiled. U.S. District Court Judge Charles Breyer will need to approve the dismissal of the case.

Spokesmen for the U.S. Attorney’s Office in San Francisco did not respond to messages seeking an explanation for the sudden move.
[…]
In response to a query Thursday from POLITICO, a spokesman for State Inspector General Steve Linick confirmed that an inquiry is underway into the allegations about improper passport revocations

“In June 2016, State OIG’s Office of Evaluations and Special Projects initiated a review of the Department’s processes of passport confiscations and revocations at the US Embassy Sanaa, Yemen,” spokesman Doug Welty said. He offered no additional details on the review.

If the case against Omar went forward, prosecutors might have been obligated to turn over to the defense some or all records of the IG review. That prospect may have contributed to the proposed dismissal, but there was no direct indication.

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Congress Overturns Obama Veto, Blames Obama For Not Telling Elected Morons of “Potential Consequences”

Posted: 3:43 pm ET

 

Back in April 2016, the NYT did a piece about Saudi Arabia warning of economic fallout if Congress passes the 9/11 bill. Secretary Kerry and top officials from State and the Pentagon warned Congress of potential legal jeopardy for Americans overseas if countries counter with retaliatory legislations:

Obama administration officials counter that weakening the sovereign immunity provisions would put the American government, along with its citizens and corporations, in legal risk abroad because other nations might retaliate with their own legislation. Secretary of State John Kerry told a Senate panel in February that the bill, in its current form, would “expose the United States of America to lawsuits and take away our sovereign immunity and create a terrible precedent.”
[…]
In a closed-door briefing on Capitol Hill on March 4, Anne W. Patterson, an assistant secretary of state, and Andrew Exum, a top Pentagon official on Middle East policy, told staff members of the Senate Armed Services Committee that American troops and civilians could be in legal jeopardy if other nations decide to retaliate and strip Americans of immunity abroad. They also discussed the Saudi threats specifically, laying out the impacts if Saudi Arabia made good on its economic threats.

President Obama wrote a letter to the Congress explaining the potential consequences of the 9/11 bill.

President Obama said that his opposition to JASTA is based primarily on its potential impact on the United States. No, it’s not because he’s a Muslim.  The sovereign immunity principles protect all nations but the United States, more than any other country in the world, is active in a lot more places. As we’ve pointed out previously, the State Department has diplomatic and consular presence in over 280 locations worldwide, and the U.S. military has 662 known military overseas bases in 38 foreign countries. In short, the sovereign immunity protection benefits the United States more than any other country in the world.

The CIA director said that “the principle of sovereign immunity protects US officials every day, and is rooted in reciprocity.”  If we don’t afford this protection to other countries, other countries will not afford this same protection to American citizens, or the U.S. government overseas.

The Embassy of Saudi Arabia in Washington D.C., understandably has the best collection of those who called on Congress warning of potential consequences of the 9/11 bill. Let’s borrow the following infographic depicting General Dunford. His letter is also appended below:

Secretary of Defense Ash Carter warned of potential consequences:

Former top government officials from both Democratic and Republican administrations warned of potential consequences:

The Senate and the House went and voted for it anyway.

Even if they know that there are serious potential consequences for our country down the road.

So 97 senators voted for the bill.  Then 28 of those senators wrote a letter saying they’ll work to “mitigate” its unintended consequences. They did not say how. Only that they’ll work on it.

Except that they’ve gone home to campaign.  The Senate will meet 15 times between now and November 15 but all those will be pro forma meetings with no business conducted.

So, the override has now angered some countries. Surprise.

But before they all left home for their break — the Republican Majority Leader in the Senate stood before the cameras to blame President Obama — who vetoed the bill — for failure to communicate the “potential consequences.”

President Obama on CNN:

The veto override was a political vote, is there any doubt? The only senator who voted “no” was the one not running for re-election.  Not only was it a political vote, it appears that they passed a bill that opened a can of worms, throw chaos to the wind, put our people and global interests at risks, and appears toothless as heck from the looks of it.

Just Security’s Steve Vladeck (@steve_vladeck) who is also a professor of law at the University of Texas School of Law writes that “even if a plaintiff could obtain a judgment against a foreign sovereign like Saudi Arabia under the Senate-passed version of JASTA (that is, if they somehow avoid a perpetual stay), they would still have a devil of a time executing that judgment (and would have to base such execution on a different waiver of attachment immunity).” Read his long primer on JASTA and his piece, The Senate Killed JASTA, Then Passed It… which discusses the changes between the original bill and the version approved by the Congress.

Why perpetual stay? Because it says so in the bill that our elected representatives  passed:

screen-shot-2016-09

 

A stay that can last 180 days, which can be renewed for addition 180 days and can be recertified to provide additional extensions to the stays.  These cases could potentially just go on forever, wouldn’t it? So the 9/11 families’ court cases could be in perpetual stay in U.S. courts but that would not preclude other countries from inacting retaliatory legislations against the United States.

Today, this happened. The case is DeSimone v. Kingdom of Saudi Arabia, 16-cv-1944, U.S. District Court, District of Columbia (Washington).

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