BORDER AGENCY PROTECTS ITS OWN DESPITE MISDEEDS

Despite longstanding orders from Congress to eradicate "cronyism,'' the
U.S. Customs Service promoted Florida officers caught dating drug
smugglers, wrecking an agency car after drinking, tampering with evidence,
and helping a key witness leave the country.

A review of the agency's employment practices -- prompted by disclosures
its head agent in South Florida got the job after 2 1/2 years of failed
management elsewhere -- reveals a culture that often protects favored
employees from their own mistakes yet hammers those who go public with
criticism.

The Herald found dozens of examples in South Florida and elsewhere in which
Customs employees at all levels either kept their jobs and pay grades or
were promoted after such misdeeds as sleeping with a paid informant,
skimming seized cash, even sexually assaulting female subordinates.

In one case, several Miami supervisors were all promoted to high-ranking
positions -- including Customs director at Miami International Airport --
after numerous employees accused them in 1987 of rampant sexual harassment,
including fostering a sex-for-jobs atmosphere.

One runs operations in Tampa, where his office is now under investigation
on similar complaints.

Angry federal regulators identified problems with "good ol' boy networks''
almost a decade ago, and have repeatedly said they raise questions about
Customs' overall integrity, its competence to police U.S. borders, and its
ability to police itself.

"These problems are real,'' said U.S. Customs Commissioner Raymond Kelly,
who on Aug. 4 became the sixth person to run the agency in the past 10
years. "I have to address a lack of attention to some serious, serious issues.

"And anyone who knows anything about federal bureaucracy knows it is very
difficult.''

Some longtime Customs administrators say critics exaggerate the problems.
They say it's unfair to judge entire careers on a single mistake, that
discipline and promotions must be based on past accomplishments as well as
transgressions.

"I don't see it as an issue of favoritism,'' said Bonni Tischler, assistant
commissioner of the office of investigations. "With the discipline system
we're forced to live with, it's a matter of win some and lose some.''

More than 150 interviews with current and former Customs employees, along
with a review of thousands of records -- from internal Customs reports to
congressional hearing transcripts -- suggest the problems go much deeper.

Without complete access to confidential personnel files it is impossible to
judge Customs' decisions in each individual case, or even to know specific
charges against agents.

But the volume of cases where punishment appears to be lenient suggests
management problems persist.

A few examples:

Agent Walt Wilkowski, promoted to Washington after he ignored advice to
dump his longterm live-in girlfriend in 1996 as DEA agents secretly tapped
his Miami home phone. A search warrant was executed at his house, and his
girlfriend jailed on charges of drug smuggling. Wilkowski denied
involvement, including allegations she obtained from him and disseminated
secret Customs information. There was no evidence Wilkowski knew about the
crimes.

The girlfriend faces sentencing this month. Wilkowski was not disciplined.

"I had no knowledge of, or involvement with, the incident in which my
former girlfriend was arrested,'' Wilkowski said in a written response. "I
can assure you that my most recent promotion was based solely on my own
merits.''

Had he been investigated on internal charges of "association with persons
connected with criminal activities,'' guidelines would have called for at
least a 14-day suspension.

Inspector Vincent Priore, a supervisor accused in the sex-for-jobs
harassment case in Miami, promoted to direct operations at Port Everglades,
where last year he was investigated on allegations he repeatedly took time
off without authorization, then filed paperwork suggesting he was at work.

Priore told the Herald the investigation is not complete, and he denies the
allegations. He now runs Customs operations in Bermuda.

Had he been charged with being "absent without leave or authorization'' for
five days or more, guidelines would have called for at least a 14-day
suspension.

Agent James O'Rourke, promoted to group supervisor in the Fort Lauderdale
office in 1996 after he lost control of his Customs car in Coconut Creek on
April 21, 1995, jumped a curb, then got in a cab and left the damaged car
unsecured -- with his gun in the trunk -- before police arrived.

Witnesses said O'Rourke was "very intoxicated'' when he emerged from the
car and began beating on it with a riot baton. O'Rourke later acknowledged
he had been drinking and said he used the riot baton to break a window
because he was locked out.

He was suspended for several days, but neither he nor Customs would specify
the punishment.

Under charges of "willful'' vehicle misuse, guidelines would have called
for at least a 30-day suspension.

Agent Ron Woody, awarded a coveted "executive potential'' training program
after he was caught in his Customs' car soliciting a Miami undercover
police officer posing as a prostitute in 1994. His record was cleared after
he agreed to a pre-trial intervention program.

He was suspended for several days. Customs would not say how many. Until
Herald inquiries, he was considered a top candidate for a management
promotion.

Contacted at work, he declined to be interviewed.

Had he been charged internally with "criminal, infamous, dishonest,
immoral, notoriously disgraceful conduct, or other conduct prejudicial to
the government'' guidelines would have called for at least a 14-day
suspension.

Inspector Jose Ramirez, promoted to a high-level Miami headquarters job
despite being caught placing marijuana cigarettes in the luggage of a
cruise passenger at Port Everglades. Ramirez said he found the cigarettes
in the suspect's cabin, then transferred them to his baggage to help prove
they belonged to the suspect. The passenger later acknowledged the drugs
were his.

Ramirez received an oral reprimand.

Under Customs' guidelines "intentional falsification, misrepresentation,
exaggeration or misstatement of material fact . . . '' would have called
for at least a 5-day suspension and at least a seven-day suspension for
"failure to observe established policies or procedures in the apprehension
or detention of suspects.''

Several Miami supervisors of the nation's most successful drug interdiction
team, all promoted despite a 1987 sex-for-jobs sexual harassment case in
which five men and four women employees filed affidavits supporting an
inspector who said she faced a choice between sex with her bosses or a
stagnant career.

Tampa Port Director Van Capps, who headed the team and received a letter of
reprimand over the case, is accused of condoning similar attitudes in his
current command. He and all the other accused supervisors -- including MIA
Director Jayson Ahern -- deny the charges.

Customs' guidelines say sexual harassment calls for at least an official
reprimand, at worst removal.

Former Senior Agent Wayne Roberts, promoted to Customs attache in Caracas,
Venezuela despite being the target of a Miami criminal grand jury probe in
1991. He was questioned about his role in the secret removal from the U.S.
of a government witness set to testify in the trial of deposed Panamanian
leader Manuel Noriega. He was also publicly accused by Customs management
of giving false statements about it to his superiors.

There were no indictments.

Reached in Caracas, Roberts denied that he lied and declined to elaborate.

Had he been charged internally with "negligent or careless performance of
duties where . . . a Customs enforcement function is substantially and
negatively impacted,'' guidelines call for at least a 5-day suspension.

Inspector Regis Adams, former Customs port director in Akron, Ohio, was
allowed to keep his job until he retired even after he spent 90 days in
jail in 1987 for sexually assaulting two of his female employees. He was
originally charged with rape, but was allowed to plead no contest to two
misdemeanor charges of sexual imposition.

Citing privacy laws that protect federal employees, Customs administrators
declined to discuss specific cases or punishments.

Many Customs insiders defend the agency's overall employment system as
cumbersome, but fair. However, they lament federal employee civil service
protections that make it expensive -- often impossible -- to fire anyone
short of felony convictions or gross misconduct.

They suggest those protections sometimes leave managers shuffling a deck of
incompetent employees.

Dozens of Customs employees argue that once anyone files a grievance they
are targeted for harassment, forcing them into filing more grievances to be
treated fairly. "From them on, the grievance process becomes your life,''
one inspector said.

D. Lynn Gordon, district director in charge of all inspectors in South
Florida, disagrees.

Fair-Minded Policy

"Frankly, when I look at the sheer volume of employee complaints we deal
with -- from EEO, the union, internal grievances -- I find it extremely
difficult to accept the notion that anyone feels reticent about coming
forward with problems,'' she said. "I think we have an extremely open,
fair-minded policy.''

Many within the agency say reform is long overdue.

"I'm ashamed of them,'' said veteran Senior Inspector Croley Forester, who
says supervisors told him his career advancement was finished in 1997 after
he went public with security problems at Miami International Airport.

"I love what I do. I think this job really makes a difference, but what's
happening in this agency disgusts me, it really does,'' Forester said.
"Nothing ever changes. If you stand up to them, right or wrong, your career
is over.''

The public record backs him up.

Congressional Critics

Critics in Congress say Customs' management problems have been chronic, and
at the root of all the agency's other problems.

Congressional oversight panels have publicly accused its managers of
coverups, lies and withholding information repeatedly over the past 15 years.

The U.S. General Accounting Office consistently criticized the agency's
internal financial controls as in "total disarray'' from 1985 through 1994.
Whistleblowers have testified of airport security lapses, systematic
internal theft of seized guns, illegal misappropriation of millions of
dollars, embezzlement and corruption.

Harassment, Ostracism

Almost without exception, those who blow the whistle on management problems
have been subjected to ostracism, harassment, even unfounded firings,
regulators have concluded. Often, transgressors move up the ladder.

"Customs is not able to properly deal with allegations of wrongdoing,''
former U.S. Rep. J.J. Pickle, D-Texas, said on July 31, 1991, as he chaired
one of numerous congressional investigations into alleged corruption and
mismanagement.

"Instead of taking action to eliminate the old boys network, Customs
officials ignore improprieties, perpetuate cronyism and foster an
atmosphere of unprofessionalism,'' he said. "Customs is in need of a major
overhaul immediately.''

Too Much Power

That same year, a Customs task force confirmed Congressional complaints
that regional managers were invested with too much power.

"Confused and competing lines of authority, the absence of clear and
enforced policies for recruitment, mobility and career paths and a
personnel process driven by various `old boy' networks created this
situation,'' the task force said.

Customs Made Efforts At Reform

A headquarters-based disciplinary review board, with a rotating membership,
was formed in 1995 to independently review all internal investigations of
wrongdoing and suggest punishment in the most severe cases.

Another headquarters review process was established to address, in part,
allegations that favored employees were allowed -- and sometimes encouraged
- -- to embellish promotional applications.

That process recently led to a Miami agent's removal from consideration for
a management job after questionable claims were found on his application.

Also in 1995, Customs won a clean financial audit for the first time in a
decade.

A Broad Mandate

Customs defenders argue the agency is a bureaucracy like no other. Its
mandates are enormous and diverse.

Its 20,000 employees collect some $20 billion each year in duties, seizures
and tariffs at more than 300 ports of entry, all the while processing some
450 million people entering the country.

It is charged with stopping illegal drugs and contraband, yet is asked to
give visitors a good first impression. It must enforce trade laws while it
promotes free trade. It must inspect and regulate cargo carriers, while
ensuring unencumbered commerce.

Kelly, the new commissioner, said attempted reforms have not addressed
fundamental flaws.

Severe Morale Problems

He acknowledges the agency's mission is hampered by severe morale problems,
by managers who won't honestly evaluate bad employees because it's a
tedious process that likely won't stand up anyway, by employees who often
won't aggressively pursue drug enforcement for fear of offending the wrong
company or the wrong supervisor.

"These are all issues that are very difficult to get your arms around,''
said Kelly, a former U.S. Marine Corps colonel with a reputation for
integrity. "There is definitely a go-along, get-along mentality to
overcome. It's my job to buoy the spirit of the organization, to make
people feel good about their jobs again.''

Among his suggestions:

Strip some power from local managers, with headquarters taking greater
control of promotions, discipline, hiring and policy decisions.

A more independent grievance procedure, where Customs Equal Employment
Opportunity officers no longer report to the bosses who are often the
targets of complaints, and more potent internal affairs investigators. A
top candidate to take over internal investigations under Kelly is former
acting U.S. Attorney in South Florida, William Keefer.

A heavily regulated self-inspection program where operations at regional
offices are reviewed every 18 months instead of every four to six years.

"I understand I have a lot of untangling of lines to do,'' Kelly said. "I
think the answer is strengthening controls right here. It's more a matter
of philosophy than resources. It has to come from the top down.

"I have a huge challenge,'' Kelly said. "We'll see. The jury is out.''

Checked-by: Richard Lake