Tag Archives: Diplomatic Security Service

DOJ: Jury Convicts Foreign Service Officer and Former Spouse for Obtaining U.S. Citizenship by Fraud

September 14, 2021 By in Court Cases, Diplomatic Security, Federal Agencies, Foreign Service, FSOs, Immigration, Spouses, State Department Tags: , , , , , , , ,

 

Via USDOJ/September 13, 2021
Jury Convicts Foreign Service Officer and Former Spouse for Obtaining U.S. Citizenship by Fraud
ALEXANDRIA, Va. – A federal jury convicted a California woman and Russian-born man on Friday on charges of conspiracy and obtaining U.S. citizenship by fraud.
According to court records and evidence presented at trial, Laura Gallagher, 32, a Foreign Service Officer with the U.S. Department of State, and Andrey Kalugin, 36, originally of Russia, conspired together to obtain lawful permanent residence and U.S. citizenship for Kalugin through his marriage to Gallagher. 
“The jury’s verdict holds these two defendants accountable for orchestrating a scheme to defraud the United States and obtain unlawful citizenship and passports,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Gallagher disregarded her responsibilities to the public as a federal government employee and licensed attorney when she engaged in this fraudulent scheme with Kalugin. Thanks to the dedication of the trial team and our partners at the State Department, these defendants have been brought to justice.”
Evidence presented at trial demonstrated that the defendants met in law school in 2013. Kalugin was in the United States on a student visa that was due to expire in July 2015. The defendants married in June 2015 and submitted applications for Kalugin to obtain his “green card.” The defendants moved from California to Virginia in March 2016, but split up soon thereafter. However, they continued with the immigration process.
“The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office to investigate allegations of crime related to naturalization fraud and to bring those who commit these crimes to justice,” said Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service. “When a Department employee in a position of trust is alleged to have committed a federal felony involving naturalization fraud by exploiting their status, we vigorously investigate claims of corruption.” 
Gallagher, who is also a California-licensed attorney, then prepared for Kalugin an application for 319(b) expeditious naturalization, which is a benefit available to spouses of citizens who are regularly stationed abroad for their employment. The defendants provided materially false responses in the application, including that Kalugin was still in a good-faith marriage and intended to reside with Gallagher abroad and return with her to the United States. Kalugin appeared for an interview on Feb. 5, 2018 with U.S. Citizenship and Immigration Services (USCIS) in Fairfax, where he repeated the false statements to the adjudicating officer. After USCIS approved the application and he received his citizenship, Kalugin fraudulently obtained U.S. Diplomatic and tourist passports. Shortly thereafter, Gallagher filed for divorce.
Gallagher and Kalugin each face a maximum penalty of 10 years in prison when sentenced on Feb. 4, 2022. Actual sentences for federal crimes are typically less than the maximum penalties. Kalugin additionally faces mandatory revocation of his U.S. citizenship. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service, made the announcement after Senior U.S. District Judge T. S. Ellis, III accepted the verdict.
Assistant U.S. Attorneys Raizza K. Ty and Morris R. Parker, Jr. are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-43.

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Grand Jury Indicts FS Employee For”Engaging in Illicit Sexual Conduct” in the Philippines

August 5, 2021 By in Court Cases, Diplomatic Security, Foreign Service, Hall of Shame, Realities of the FS, State Department, U.S. Missions Tags: , , , , , , ,

 

 

Via USDOJ:
U.S. Foreign Service Member Indicted for Engaging in Illicit Sexual Conduct in the Philippines and Possession of Child Pornography

A federal grand jury in the Eastern District of Virginia returned an indictment today charging a member of the U.S. Foreign Service with engaging in illicit sexual conduct in a foreign place and possession of child pornography.

According to the indictment and court documents, Dean Cheves, 61, was a member of the U.S. Foreign Service serving at the U.S. Embassy in the Philippines between September 2020 and February 2021. While in the Philippines, Cheves allegedly met a 16-year-old online. Court documents further detail that Cheves allegedly engaged in sexual activity with the minor on two occasions, knowing the minor’s age, and produced cell phone videos of himself engaging in the sex acts each time. The videos were found on Cheves’s devices seized from his embassy residence while in the Philippines. Between February 2021 and March 2021, he also allegedly possessed child pornography.

Cheves is charged with one count of engaging in illicit sexual conduct in a foreign place and one count of possessing child pornography in the special maritime and territorial jurisdiction of the United States or on lands owned or leased by the United States. Cheves previously made his initial court appearance on July 6 before U.S. Magistrate Judge Ivan D. Davis of the U.S. District Court for the Eastern District of Virginia. If convicted, he faces a maximum penalty of up to 30 years in prison on count one, and up to 10 years in prison on count two. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia made the announcement and Assistant Director for Domestic Operations Mark Sullo of the U.S. Department of State’s Diplomatic Security Service made the announcement.

The State Department, Diplomatic Security Service, is investigating the case.

Trial Attorney Gwendelynn Bills of the Justice Department’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Lauren Pomerantz Halper of the U.S. Attorney’s Office for the Eastern District of Virginia are prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

We have not been able to locate Cheves’s congress.gov records. The DOJ statement describes him as a”U.S. Foreign Service Member.”  An archived 2007-2017 version of DipNote noted that he was a Foreign Service Officer and new media strategist with the IIP Office of Innovative Engagement (OIE). A June 2019 issue of State Magazine (PDF) includes a notation that he was the Director of Global Publishing Solutions (GPS) in Manila. GPS, an office under the Bureau of Administration provides design, print, and copier management services to the State Department domestically and overseas. In addition to WashDC, GPS has offices in Manila and Vienna.
The government’s motion filed on July 2 originally requested that records be sealed, noting that “Premature disclosure of the charges against the defendant would jeopardize an ongoing criminal investigation threatening our ability to locate and arrest the defendant. The defendant has ties to the Philippines, where his wife and daughter reside, and to California.”
Cheves was arrested on July 6, 2021 in Alexandria, VA. His offense was  listed as “18 U.S.C § 2423(c): Illicit Sexual Conduct in a Foreign Place.”

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Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!

June 20, 2017 By in Diplomatic Security, Functional Bureaus, Leadership and Management, Org Culture, Realities of the FS, Regulations, Reputation, Security, State Department, Top Ranks, Training, Trends Tags: , , , , , , , , ,

Posted: 2:21 pm PT
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In August 2016, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.  We published the entire message here, Below is an excerpt of that 2016 statement:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees.
[…]
As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

This week, we received an email from a new Diplomatic Security Service (DSS) agent detailing sexual language that female student-agents had to endure during Diplomatic Security’s Basic Special Agent Course (BSAC) training. The writer expressed concern over the “worrisome behavior by senior agents conducting the training” and the apparent tolerance by others witnessing such behavior.  The writer also wrote: “One senior female agent advised me that upon receipt of this complaint, DSS Management’s first response will likely be to try to figure out who the “complainer” is . . rather than dealing with the senior agents responsible for damaging the department’s reputation.”  Our corespondent suggests that if investigators outside of Diplomatic Security want to look into this, all they need to do is talk to the female agents in BSAC’s 137, 136, and 135.

The report below is what we can share publicly.  This writer like our other correspondents in the past, is also wary of retaliation.  We’ve referred to Special Agent #1 as SA#1 although we can certainly imagine a more colorful name. Special Agent #2 is also referred below as SA#2.

ALERT! ALERT! ALEEEEERT!

Received via email from a DSS Special Agent

-START-

Here is what I witnessed:

1) During protective training, I was assigned to a follow car that was “coached” by [Special Agent #1]. During our time with [SA#1], myself and the other females in the group had to listen to [SA#1] describe in detail how during his time in Baghdad he shaved his “balls” and had problems with them “sticking.” [SA#1] then felt it appropriate to detail a trip to his doctor where he had a consultation about erectile medication. [SA#1] also made repeated derogatory comments about his wife. My memory is a little fuzzy on those comments, but they were along the line of, “the old ball and chain, etc.”

I should mention that one of the female agents present is only 22 years old. So this young agent, in her first real job out of college had to sit (literally right next to [SA#1] in the back seat / physically touching him) and listen to [SA#1] , her supervisor, go on and on about his sticky balls in Baghdad and his erectile disfunction . . .i.e. he was discussing his penis.

2) The protection portion of the training was run by unit chief [Special Agent #2]. I personally was “creeped” out by [SA#2] during the entire training as he would try to flirt with the female students in a very unprofessional manner. [SA#2] really crossed the line, however, when for some reason he decided to ask one of the female students (now an agent) for their phone and proceeded to look through it. [SA#2] found the phone number or a text message in the female student-agent’s phone for one of the male contractors working on our final exercise, and texted “I miss you” to the contractor (from the female student/agent’s phone). The female student/agent was of course mortified as it appeared she was texting “I miss you” to the contractor. Is this appropriate behavior from a Unit Supervisor in the training division?!

[SA#2’s] inappropriate behavior continued when, during a re-test he decided to switch out a male student-agent from the position sitting next to him in the exercise to the above mentioned female student-agent. [SA#2] advised the entire BSAC that he was making the switch so he could have someone to “talk to.” He was supposed to be grading the re-test, but instead decided to use the time to creepily attempt to flirt with the female student-agent.

I am sure the above behavior by [SAs #1 and #2] has been repeated in multiple BSAC’s and I hope the department conducts a thorough investigation. Honestly, however, I am not so optimistic that things will change. I know Diplopundit has documented several such sexual harassment claims in the not so distant past, and yet, the above Supervisory SAs seemed to have no compunction in openly behaving this way in front of the 20 plus student-agents!

Where are the Director and the other senior members of DSS management?!! If they cannot protect/prevent a 21 year female agent from having to listen to Supervisory SAs like [SA#1 and SA#2] while she sits in training, how can DSS Senior Management be trusted to protect that same agent from harassment while she is serving in a high threat post in a 98% male RSO shop?!

The Director came to speak to our BSAC, and within 3 minutes of our “pep” talk he told us that if we had joined DSS to use it as a stepping stone we should “get the hell out.” That is a direct quote. One day on the job, and the Director comes in and says “get the hell out” in a pep talk. I would like to turn that around on the Director. If the senior leadership in DSS cannot prevent Supervisory Agents from “creeping out” all females in a BSAC class. Or prevent female student-agents from having to listen to Supervisory SA’s conducting BSAC training discuss their “shaved balls,” maybe it is time for the Director and others to “get the hell out” and leave the bureau in more capable hands?

-END-

The Eleventh Circuit’s decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982) notes the following:

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets.

Female agents should not have to bear and tolerate this kind of language and offensive behavior for the privilege of being allowed to work at Diplomatic Security.

Why would anyone think this is appropriate, acceptable behavior?

And when this is done by individuals in supervisory ranks during training, how do you expect new employees to step up and report this to these same supervisors? The same supervisors, by the way, who can pass/fail employees during basic training. The same supervisors, by the way, who ought to be modeling the highest standards of ethical and professional conduct for agents-in-training.

While the EEOC policy guidance on sexual harassment notes that “sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment,” it also talks about the pervasiveness and pattern of behavior.

Putting aside our previous reports on harassment at Diplomatic Security for a moment — if we’re talking about three classes to start with here, what is that if not a pattern? And if this behavior was witnessed and tolerated by people and contractors who should know better, then Diplomatic Security has a systemic problem that no broadcast message from bureau officials can fix.

The Supreme Court said in Vinson that for sexual harassment to violate Title VII, it must be “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.'” 106 S. Ct. at 2406 (quoting Henson v. City of Dundee, 682 F.2d at 904. Since “hostile environment’ harassment takes a variety of forms, many factors may affect this determination, including: (1) whether the conduct was verbal or physical, or both; (2) how frequently it was repeated; (3) whether the conduct was hostile and patently offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5) whether the others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual.

In determining whether unwelcome sexual conduct rises to the level of a “hostile environment” in violation of Title VII, the central inquiry is whether the conduct “unreasonably interfer[es] with an individual’s work performance” or creates “an intimidating, hostile, or offensive working environment.” 29 C.F.R. § 1604.11(a)(3). Thus, sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment.

Preventive actions per EEOC‘S Guidelines encourage employers to: “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.”

Also 29 C.F.R. § 1604.11(f): An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non- supervisory employees, express strong disapproval, and explain the sanctions for harassment. The employer should also have a procedure for resolving sexual harassment complaints. The procedure should be designed to “encourage victims of harassment to come forward” and should not require a victim to complain first to the offending supervisor. See Vinson, 106 S. Ct. at 2408. It should ensure confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation.

All well and good, but in the real world we have these: Chien v. Kerry: DS Agent Files Suit For Race/Sex Discrimination, Hostile Work Environment, and Retaliation; Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide; Another Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment.

The State Department’s sexual harassment policy is memorialized here.

Related posts:

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

March 28, 2017 By in Consular Work, Court Cases, Diplomatic Security, Federal Agencies, Functional Bureaus, SCA | South Central Asia, State Department, U.S. Missions, Visas Tags: , , , , , , , , , , 1 Comment

Posted: 1:52 am ET
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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.”
[…]
“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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Diplomatic Security Highlights History, and More in 100th Anniversary Video

November 4, 2016 By in Diplomatic Security, Foreign Service, Functional Bureaus, Real Post of the Month, State Department, Video of the Week Tags: , , , ,

Posted: 12:22 am ET
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We’ve previously blogged about diversity and harassment issues at the Bureau of Diplomatic Security (See Dear @JohnKerry: One of Your Foggy Bottom Folks Is Asking — Is This Diversity?, POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad Bob; PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?).

DS recently released a video celebrating the 100th anniversary of the Diplomatic Security Service.  The original investigative office was called the Bureau of Secret Intelligence. Later, the organization evolved into the Office of the Chief Special Agent, then the Office of Security (SY), then became the Diplomatic Security Service. Click here to view the newly released “DSS Then & Now – The First Century of the Diplomatic Security Service” photo history book (PDF).

The video below includes the Principal Deputy Assistant Secretary and  Director of the Diplomatic Security Service Bill Miller; Victor Dikeos, former Director of Security (1974-1978), and the following DS employees in order of their appearance: Wendy Bashnan, Special Agent in Charge; Steven Antoine, Asst Special Agent in Charge; Mark Baker, Special Agent; Shane Morris, Diplomatic Courier; Kendall Beels, Special Agent; and Luis Matus, Deputy Regional Director, High Threat Program.

The DS video featured nine former and current employees including two female DS agents and one female DS courier.  DS has previously used Agent Bashnan in another PR brochure, A Global Force: Agent Profile.  Shane Morris was the Diplomatic Courier of the Year for 2011. Kendall Beels was one of the two DS agents who shut down a massive U.S. visa fraud ring operating in the tri-state area of New York City and was awarded the Federal Law Enforcement Foundation (FLEF) Investigators of the Year Award in 2006.

1916 – 2016

By the way, A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

Folks who want to rate this in Pinocchios are welcome to do so in the comment space.

 

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@StateDept Honors DSS Agents For Heroism in the Radisson Blu Hotel Attack in Mali

September 1, 2016 By in AF |Africa, Americans Abroad, Awards, Diplomatic Security, Foreign Service, Functional Bureaus, Realities of the FS, Terrorism, U.S. Missions Tags: , , , , ,

Posted: 3:41 am ET
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Related posts:

Shelter in Place Advisory After Radisson Blu Hotel Attack in Mali

Photo of the Day: The Room Numbers on His Arm

U.S. Embassy Bamako: Family Members on ‘Authorized Departure’ From Mali. Again.

US Embassy Mali Now on Authorized Departure For Non-Emergency Staff and Family Members

 

 

 

PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?

August 23, 2016 By in Diplomatic Security, Foreign Service, Functional Bureaus, Leadership and Management, Realities of the FS, State Department Tags: , , , , , , , 2 Comments

Posted: 4:41 am ET
Updated: 7:52 pm PST (see comments)
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Last week, we blogged about what happened at an Security Overseas Seminar and a couple of online comments at InHerSight.com (see A Joke That Wasn’t, and a State Department Dialogue That Is Long Overdue. Previously, we also posted about a controversial case State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts.

We asked the State Department about specific training for agents and bureau personnel concerning sexual harassment. We were told the following by a State Department official on background on July 29.  We held off posting it for a follow-up post. We are posting it here now since it was cited by a DSS internal message last Friday.

The Department has a zero tolerance policy for any behavior that diminishes inclusiveness in the workplace. Working to ensure the safety and security of our personnel overseas, including from sexual assault, is one of the Department’s top priorities. 

Sexual assault and sexual harassment are serious issues that affect both men and women in the U.S. and abroad. Diplomatic Security is committed to preventing sexual harassment and sexual assault, and condemns any comment that trivializes these activities or their impact on victims.

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the State Department. Agents receive recurring training on equal opportunity, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career.

During both the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO In-Service courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

On August 18, we posted an unsolicited item from our mailbox: Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide.

Last Friday, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.   The message reproduced below in its entirety was disseminated internally to DS personnel late Friday afternoon:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees. 

As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

Every organization can do better, and we will continue our efforts to make sure sexual harassment is addressed in any and all forms. 

DS personnel need to rely on each other, and have trust in each other, to succeed in our mission.

We are pleased to see PDAS Miller’s message to the troops.  In a good number of cases, bureaus do not even bother to respond.  That said,  there’s one thing missing here that we have to point out.  The internal message says that “Diplomatic Security takes sexual harassment extremely seriously” and that PDAS Miller is “disappointed and disturbed”  that anyone in the organization “would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.”  And that “It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.”  But — that extreme seriousness is negated by the absence of solid actions that could help abate the stigma of reporting such conducts or help mitigate adverse career consequences.

If female agents/employees are not reporting harassment because they’re afraid that doing so would be career suicide, what should be done about it? Telling folks that “it is unacceptable” is not the answer.

Every organization can do better. We agree. We’d like to hear how before this becomes Palmerized.

 

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NY Couple Pays $1 Million Penalty in Immigration Fraud Scheme Involving Philippine H-1B Nurses

July 13, 2016 By in Court Cases, Diplomatic Security, EAP|East Asia, Federal Agencies, State Department, U.S. Missions, Visas Tags: , , , , , ,

Posted: 3:01 am ET
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Via USDOJ/Vermont:

New York Lawyer and Wife Pay $1 Million Following Conviction on Immigration Fraud Scheme

The Office of the United States Attorney for the District of Vermont announced today that Loreto Kudera, age 45, and Hazel Kudera, age 43, a married couple from New York, New York, who have pleaded guilty to an immigration fraud scheme, have paid the final installment of their $1 million forfeiture penalty representing ill-gotten gains from the scheme.

On June 9, 2016, the Kuderas pleaded guilty to charges that they conspired to commit immigration fraud. According to the public record, Hazel Kudera owns several medical staffing agencies in New York specializing in providing nursing professionals to hospitals, outpatient and skilled nursing facilities. She and her husband, Loreto Kudera, then a lawyer at the Law Offices of Barry Silberzweig, in New York, New York, provided false and fraudulent information to the U.S. Citizenship and Immigration Services in St. Albans, Vermont when applying for  for foreign nurses.

The H-1B visa program permits an employer to petition on a behalf of a foreign national beneficiary to enter the United States for the specific purpose of working for the employer in a specialty occupation. There are a limited number of H-1B visas available each year, and the purpose of the program is to ensure that these visas go to legitimate beneficiaries to fill specialty positions from a qualified work force. Working as a general RN or LPN is not considered a specialty occupation by the U.S. Citizenship and Immigration Service. Knowing this, Hazel Kudera and Loreta Kudera falsely stated that these foreign nurses, mostly from the Philippines, would be working in specialty occupations at prevailing wage rates when, in fact, they were going to work as LPNs or RNs at much lower rates, mostly at nursing homes. Hazel Kudera and Loreto Kudera profited from this scheme from the filing fees they collected from the beneficiaries as well as from the health care facilities which were paying fees to the medical staffing agencies owned by Hazel Kudera. The Kuderas admitted that they submitted 100 or more fraudulent petitions as part of their scheme. As a result of their convictions, the Kuderas agreed to forfeit $1,000,000 in illegal proceeds to the United States.

The Kuderas are scheduled to be sentenced on September 28, 2016. The maximum penalties for their conviction are five years of imprisonment, three years of supervised release, or a fine of $250,000 or twice the amount of gross gain, whichever is greater. The sentence will be advised by the United States Sentencing Guidelines.

The United States Attorney commended the investigative efforts of the United States Department of State, Diplomatic Security Service, the United States Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud, and the United States Department of Homeland Security, Homeland Security Investigations, in Boston, Massachusetts, who jointly spearheaded the investigation. The United States Attorney also wishes to thank the United States Citizenship and Immigration Service, Security Fraud Division, at the Vermont Service Center in St. Albans, Vermont for their assistance with the investigation.

The original announcement is available here.

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Former US Embassy London Employee Pleads Guilty to Cyberstalking and “Sextortion” Scheme

December 10, 2015 By in Americans Abroad, Court Cases, Diplomatic Security, Govt Documents, Hall of Shame, Locally Employed Staff, Realities of the FS, Security, State Department, U.S. Missions Tags: , , , , , , , , , , ,

Posted: 12:47 am EDT
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We’ve blogged previously about the Michael C. Ford case (see State Dept Employee Posted at US Embassy London Faces ‘Sextortion’ Charges in Georgia; US Embassy London Local Employee Charged With Cyberstalking, Computer Hacking and Wire Fraud).

On December 9, USDOJ announced that the former State Department/Embassy London employee pleaded guilty to perpetrating a widespread, international e-mail phishing, computer hacking and cyberstalking scheme against hundreds of victims in the United States and abroad. More below:

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney John A. Horn of the Northern District of Georgia, Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Field Office made the announcement.

Michael C. Ford, 36, of Atlanta, was indicted by a grand jury in the U.S. District Court for the Northern District of Georgia on Aug. 18, 2015, with nine counts of cyberstalking, seven counts of computer hacking to extort and one count of wire fraud.  The names of the victims are being withheld from the public to protect their privacy.

Ford pleaded guilty to all charges and admitted that between January 2013 and May 2015, he used various aliases that included “David Anderson” and “John Parsons” and engaged in a widespread, international computer hacking, cyberstalking and “sextortion” campaign designed to force victims to provide Ford with personal information as well as sexually explicit videos of others.  Ford targeted young females, some of whom were students at U.S. colleges and universities, with a particular focus on members of sororities and aspiring models.

Ford posed as a member of the fictitious “account deletion team” for a well-known e-mail service provider and sent phishing e-mails to thousands of potential victims, warning them that their e-mail accounts would be deleted if they did not provide their passwords.  Ford then hacked into hundreds of e-mail and social media accounts using the passwords collected from his phishing scheme, where he searched for sexually explicit photographs.  Once Ford located such photos, he then searched for personal identifying information (PII) about his victims, including their home and work addresses, school and employment information, and names and contact information of family members, among other things.

Ford then used the stolen photos and PII to engage in an ongoing cyberstalking campaign designed to demand additional sexually explicit material and personal information.  Ford e-mailed his victims with their stolen photos attached and threatened to release those photos if they did not cede to his demands.  Ford repeatedly demanded that victims take sexually explicit videos of “sexy girls” undressing in changing rooms at pools, gyms and clothing stores, and then send the videos to him.

When the victims refused to comply, threatened to go to the police or begged Ford to leave them alone, Ford responded with additional threats.  For example, Ford wrote in one e-mail “don’t worry, it’s not like I know where you live,” then sent another e-mail to the same victim with her home address and threatened to post her photographs to an “escort/hooker website” along with her phone number and home address.  Ford later described the victim’s home to her, stating “I like your red fire escape ladder, easy to climb.”  Ford followed through with his threats on several occasions, sending his victims’ sexually explicit photographs to family members and friends.

Ultimately, Ford sent thousands of fraudulent “phishing” email messages to potential victims, successfully hacked into at least 450 online accounts belonging to at least 200 victims, and forwarded to himself at least 1,300 stolen email messages containing thousands of sexually explicit photographs.  Ford sent threatening and “sextortionate” online communications to at least 75 victims.

During the relevant time period, Ford was employed by the U.S. Embassy in London.  The majority of Ford’s phishing, hacking and cyberstalking activities were conducted from his computer at the U.S. Embassy.
[…]
“When a public servant in a position of trust commits any form of misconduct, to include federal crimes such as cyberstalking and computer hacking, we vigorously investigate such claims,” said Director Miller.  “The Diplomatic Security Service is firmly committed to investigating and working with the Department of Justice, U.S. Attorney’s Office and our other law enforcement partners to investigate criminal allegations and bring those who commit these crimes to justice.”
[…]
U.S. District Judge Eleanor L. Ross of the Northern District of Georgia scheduled Ford’s sentencing hearing for Feb. 16, 2016.

The Diplomatic Security Service and the FBI are investigating the case.  Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Kamal Ghali of the Northern District of Georgia are prosecuting the case.  The Criminal Division’s Office of International Affairs and the U.S. Embassy in London provided assistance in this case.

The case is  USA v. Ford, CRIMINAL DOCKET FOR CASE #: 1:15-mj-00386-ECS-1 in the U.S. District Court in the  Northern District of Georgia (Atlanta).

According to court records, this individual, a U.S. citizen lived in London and joined the U.S. Embassy there in 2009; which suggests that he was a locally hired employee.  The charging documents do not indicate which section of the embassy he worked in or what was his job. But he apparently used his State Department-issued computer at the U.S. Embassy in London while he did his cyberstalking and sextortion schemes.

There are a few curious things about this case. One, that there’s no mention anywhere in court records about his location of work within the embassy; 2) no explanation of how he came to target Jane Doe, an 18 year old Kentucky resident; where did he find her and his other victims? and 3) he successfully hacked 450 online accounts belonging to at least 200 victims, and forwarded to himself at least 1,300 stolen email messages containing thousands of sexually explicit photographs — how come nobody noticed? Was this guy a locally hired IT person, so spending all that time on his computer did not raise red flags? 4) Did Embassy London/HR know that this person had a prior criminal record when it hired this employee? If not, why not?

The affidavit in support of a criminal complaint and arrest warrant executed by DSS Agent Erik Kasik is available below:

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US Embassy London Local Employee Charged With Cyberstalking, Computer Hacking and Wire Fraud

August 19, 2015 By in Americans Abroad, Court Cases, Locally Employed Staff, State Department, Technology and Work, U.S. Missions Tags: , , , , , , , ,

Posted: 5:50 pm EDT
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We posted about this case last May (see State Dept Employee Posted at US Embassy London Faces ‘Sextortion’ Charges in Georgia). On August 19, the Justice Department announced that a locally employed staff member of US Embassy London,  Michael C. Ford, 36, was charged by indictment on Aug. 18, 2015, with nine counts of cyberstalking, seven counts of computer hacking to extort and one count of wire fraud.  During the Daily Press Briefing of May 21st, the deputy spokesperson for the State Department informed the press that as of May 18th, this individual is no longer an embassy employee.

Via USDOJ | August 19, 2015:

WASHINGTON—A former locally-employed staff member of the U.S. Embassy in London was charged with engaging in a hacking and cyberstalking scheme in which, using stolen passwords, he obtained sexually explicit photographs and other personal information from victims’ e-mail and social media accounts, and threatened to share the photographs and personal information unless the victims ceded to certain demands.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney John A. Horn of the Northern District of Georgia, Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service and Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Division made the announcement.

Michael C. Ford, 36, was charged by indictment on Aug. 18, 2015, with nine counts of cyberstalking, seven counts of computer hacking to extort and one count of wire fraud.

“According to the indictment, Ford hacked into e-mail accounts and extorted sexually explicit images from scores of victims,” said Assistant Attorney General Caldwell. “As these allegations highlight, predators use the Internet to target innocent victims. With the help of victims and our law enforcement partners, we will find those predators and hold them accountable.”

“Ford is alleged to have hacked into hundreds of e-mail accounts and tormented women across the country, by threatening to humiliate them unless they provided him with sexually explicit photos and videos,” said U.S. Attorney John Horn. “This sadistic conduct is all the more disturbing as Ford is alleged to have used the U.S. Embassy in London as a base for his cyberstalking campaign.”

“The Diplomatic Security Service is firmly committed to working with the Department of Justice and our other law enforcement partners to investigate allegations of crime and to bring those who commit these crimes to justice,” said Director Miller. “When a public servant in a position of trust is alleged to have committed a federal felony such as cybercrime, we vigorously investigate such claims.”

“While the allegations in this case are disturbing, it does illustrate the willingness and commitment of the FBI and its federal partners to aggressively follow those allegations wherever they take us,” said Special Agent in Charge Johnson. “The FBI will continue to provide significant resources and assets as we address complex cyber based investigations as seen here.”

According to allegations in the indictment, from January 2013 through May 2015, Ford, using various aliases that included “David Anderson” and “John Parsons,” engaged in a computer hacking and “sextortion” campaign to force numerous women to provide him with personal information and sexually explicit photographs and videos. To do so, Ford allegedly posed as a member of the fictitious “account deletion team” for a well-known e-mail service provider and sent notices to thousands of potential victims, including members of college sororities, warning them that their accounts would be deleted if they did not provide their passwords.

Using the passwords collected from this phishing scheme, Ford allegedly hacked into hundreds of e-mail and social media accounts, stole sexually explicit photographs and personal identifying information (PII), and saved both the photographs and PII to his personal repository.

Ford then allegedly e-mailed the victims and threatened to release the photographs, which were attached to the e-mails, unless they obtained videos of “sexy girls” undressing in changing rooms at pools, gyms and clothing stores, and then sent the videos to him.

The indictment alleges that, when the victims either refused to comply or begged Ford to leave them alone, Ford responded with additional threats, including by reminding the victims that he knew where they lived. On several occasions, Ford allegedly followed through with his threats by sending sexually explicit photographs to victims’ family members and friends.

During the pendency of the alleged scheme, Ford was a civilian employee at the U.S. Embassy in London, England. He allegedly used his government-issued computer at the U.S. Embassy to conduct the phishing, hacking and cyberstalking activities.

The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The case is being investigated by the U.S. Department of State’s Diplomatic Security Service and the FBI. The Criminal Division’s Office of International Affairs and the U.S. Embassy in London provided assistance. The case is being prosecuted by Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section, Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Kamal Ghali of the Northern District of Georgia.

Anyone who believes that they are the victim of hacking, cyberstalking, or “sextortion” should contact law enforcement. Resources regarding hacking and other cybercrimes can be found at: https://www.fbi.gov/about-us/investigate/cyber.

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