DEA Agent Gave Convict Girlfriend Access To Evidence, Classified Info; Received Almost No Punishment

from the above-the-law-and-unaffected-by-useless-internal-policies dept

Tue, Sep 12th 2017 3:26am — Tim Cushing

Routine misconduct by DEA agents? The DEA could not possibly care less. An Inspector General's report released in 2015 in the aftermath of a sex-parties-and-harassment investigation showed 8 of the 14 agents investigated received bonuses and awards while still under investigation, a violation of DEA policy. None of the agents were fired or even demoted. The DEA's unwillingness to address serious misdeeds seriously made it clear DEA agents are nigh un-fireable.

Even minor disciplinary actions tend to be rolled back, as the Inspector General's office reports [PDF]. An agent engaging in plenty of unrelated misconduct found himself stripped of his security clearance, but only momentarily. The list of things the agent did wrong is as impressive as it is disturbing. [h/t Brad Heath]

The DEA Office of Professional Responsibility (DEA OPR) learned about the Special Agent’s misconduct in 2013. The Special Agent admitted to DEA OPR that he had, among other things: carried on an extramarital affair with a woman who was a convicted criminal; allowed her after-hours access to a DEA office, including a drug evidence room; allowed her to listen to recorded telephone calls of subjects of DEA investigations; and had sex with her on numerous occasions in the DEA office and his DEA vehicle.

That the DEA chose not to fire this employee or subject him to something harsher than a (very) temporary suspension of his security clearance is no surprise given the DEA's historical disinterest in disciplining its employees.

Although the OIG found that there were relatively few such allegations reported for fiscal years 2009 through 2012, the report identified significant systemic issues with the components’ processes for handling these important matters that led the OIG to recommend prompt corrective action by the Department.24 Most notably, with respect to the DEA, the OIG found instances where DEA OPR failed to refer allegations involving sexual behavior that raised security concerns to Security Programs, potentially exposing DEA employees to coercion, extortion, and blackmail, all of which create security risks.25 The OIG also found instances where DEA OPR failed to fully investigate allegations of serious sexual misconduct and sexual harassment.

Following the DEA's investigation of the agent, officials decided to strip him of his security clearance. But this was swiftly reversed.

Based on the Special Agent’s misconduct and inconsistent statements, on March 24, 2015, the DEA Security Programs Manager (SPM) suspended the Special Agent’s clearance, rendering him ineligible for access to classified (and, by DEA policy, ineligible for access to DEA sensitive information). However, 3 days later, then-DEA Acting Chief Inspector Herman E. “Chuck” Whaley instructed the SPM to reinstate the Special Agent’s clearance.

Whaley's reasoning: this obviously-untrustworthy employee could be trusted with his security clearance because his long list of violations didn't have national security implications. This call was made despite the agent being unable to say for sure how much classified info he'd allowed his convicted criminal girlfriend to see nor being able to fully recall how often (and for how long) he'd allowed her to roam the DEA's evidence room unattended. Whaley made this decision unilaterally, bypassing the SPM and others charged with controlling security clearances.

The report points out Whaley misunderstood his position within the DEA hierarchy, thus arriving at the mistaken conclusion he could reinstate security clearances without running it by the SPM. But, as the Inspector General points out, the decision was still a terrible one to make, especially in light of all the other information Whaley had access to.

Whaley’s actions also reflected a disregard for the OIG's findings in the several drafts (October 2014, February 2015, March 2015) and final (March 2015) reports regarding the handling of sexual harassment and misconduct allegations by the DEA and other DOJ components. Whaley was familiar with the OIG review, having received a draft report as early as October 2014, and was responsible for revising DEA policy to address this precise issue. Among other things, the OIG report identified security risks created when DEA OPR employees untrained in security adjudications were allowed to determine whether to refer findings of sexual or other misconduct to Security Programs.

Nonetheless in late March 2015, Whaley reviewed DEA OPR’s August 2013 Stentsen investigation, which identified both sexual conduct and potential security concerns (including disclosing DEA sensitive information to unauthorized personnel, using a state law enforcement database for personal reasons, providing a girlfriend with access to the DEA facility after hours, and associating with a criminal), and he did not make any effort to discuss the matter with Cone, ensure that he himself was aware of all the relevant information, or ask whether the Stentsen case warranted closer attention given the findings in the OIG report. Whaley’s lack of leadership in this regard is particularly troubling considering that on March 26 (the day before Whaley instructed Cone to reverse his decision), the OIG publicly released the final report, Congress ordered hearings, and the national media reported the story.

The OIG also finds it worrying Whaley was more concerned about superficialities, rather than ensuring his underling was properly disciplined for his severe misconduct.

Whaley told the OIG that had he known that Stentsen had received notification of his suspension, he would not have directed Cone to reinstate the security clearance essentially because it would have looked unprofessional for DEA to change positions after the fact. Putting aside the suggestion that substantive decisions on security clearances would be impacted by such consideration of appearances, we note that Cone had e-mailed Whaley a copy of the final signed and dated suspension memorandum to Stentsen on March 24 but Whaley was not aware that it had already been sent to Stentsen’s supervisors and served on Stentsen.

It's just more evidence America's law enforcement agencies are far more concerned with external police work than with internal accountability. It also shows the DEA is systemically averse to internal discipline. The scandal referenced earlier made headlines around the nation, but DEA officials still refused to hand out anything more than wrist slaps. And those wrist slaps often came packaged with bonuses, awards, and personnel moves that strongly suggested the DEA was willing to forgive all but the most egregious misconduct, even while under the glare of the national spotlight.

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Filed Under: dea, evidence closet, inspector general, misbehavior

30 Comments

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Anonymous Coward, 12 Sep 2017 @ 3:33am

Goes to show how interested MyNameHere is in responsibility if this is what his heroes are permitted to do.
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Anonymous Coward, 12 Sep 2017 @ 3:36am

Another rogue agency
What a huge surprise. Another agency that has unfettered access to our private lives has no accountability. Imagine if an outside agency was responsible for reviewing the DEA. I doubt that 10% would make it through the winnowing process after all of the drug use and other criminal behavior is actually enforced. They regularly tip off police to people who they suspect to be running drugs, but seem to have no repercussion for their own violations.
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Anonymous Coward, 12 Sep 2017 @ 4:10am

Obama's America
Need I say more?
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Anonymous Coward, 12 Sep 2017 @ 5:27am

Re: Obama's America
Right, because Trump is making such big pushes for police to be accountable and behave responsibly... Like that whole "Don't treat them too gently" speech.
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Fuzzy (profile), 12 Sep 2017 @ 5:27am

Obama's America?
Riiiiiiiight, cuz none of this sort of thing *EVER* happened under any other president with impunity. *COUGH* FUCKING NIXON *END COUGH*
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Roger Strong (profile), 12 Sep 2017 @ 5:55am

Re: Obama's America
Remind us again who pardoned Sheriff / convicted criminal Joe Arpaio?
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David, 12 Sep 2017 @ 6:14am

Oh come on.
It was only irresponsible disclosure for personal gains. You cannot really apply the same standards as for conscionable disclosure in pursuit of the public good and uncovering crimes, or that guy will be sitting in prison for decades just for dunking his noodle in return for breaking his oaths.
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tin-foil-hat, 12 Sep 2017 @ 6:17am

Responsible for "Opiate" Deaths
The DEA have empowered criminals and terrorists and facilitated the increased production of heroin. That's why"opiate" deaths have increased. Not because of prescription drugs, but heroin and illegal fentanyl. At least when the abuse is prescription drugs the money stays in the US. When deaths were primarily from prescription drugs the majority were caused my methadone prescribed for pain to non drug addicts and prescription fentanyl. Using the blanket term "opiates" is lying by omission propaganda so the public doesn't get a true understanding of the problem. The increasing number of deaths are good for the DEA and bad for everyone else. The 25% decrease "success" in prescription production is the result of increased heroin use. At the very least the DEA should not be an independent, corrupt agency but under the purview of congress. Unless third world style corruption is the goal. It seems to be the case.
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Anonymous Coward, 12 Sep 2017 @ 6:21am

Re: Responsible for "Opiate" Deaths
Don't forget their CIA counterparts that are funding themselves through drug import and sales. Without the DEA, their profits would be far lower.
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Machin Shin, 12 Sep 2017 @ 6:24am

Ok, how do I get a job like this? I mean really, guy is banging some woman on his desk and in work vehicles and doesn't even get a wrist slap. This right after we read about how they had a multi-million dollar slush fund allowing them to freely buy luxury cars.

I don't even want to do anything like that. Just give me a nice desk in the corner and some funds to build a gaming rig. I will happily come in on time every day and stay out of everyone's way. I can even promise I won't bang anyone in the office and will stay off porn sites. That seems to be hell of a lot better offer than your getting from most agents these days.
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David, 12 Sep 2017 @ 6:41am

Re:

Ok, how do I get a job like this? I mean really, guy is banging some woman on his desk and in work vehicles and doesn't even get a wrist slap.

It doesn't sound like it's his wrist that is in need of slapping.
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Anonymous Coward, 12 Sep 2017 @ 7:01am

Re: Obama's America
Need I say more?

No, not really.

Unless you want to be called a clueless retard instead of clueless idiot.
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Anonymous Coward, 12 Sep 2017 @ 7:02am

He got the "Clinton Exemption" - new phrase coined HERE and NOW. 1.) When a person gets caught exposing classified information but doesn't get prosecuted. 2.) When a person gets caught performing "high crimes" but doesn't get prosecuted.
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Anonymous Coward, 12 Sep 2017 @ 7:51am

Re: Re: Obama's America
Hey, hey now.

No need to insult the developmentally disabled by equating them with Trumpkins.
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Anonymous Coward, 12 Sep 2017 @ 7:55am

Re: Obama's America
I'm sorry, I didn't realise this waqs the sole province of a single rogue President. This kind of wrongdoing has been happening almost since the DEA's inception.

This is just another example of the Alphabet agencies having zero accountability to the people who pay their wages - the public.
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Anonymous Coward, 12 Sep 2017 @ 8:38am

Tim, I am getting tired of all your anti-government articles. If what you write is somewhat valid, how can you, the left or anyone else push for single payer healthcare?
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Machin Shin, 12 Sep 2017 @ 8:38am

Re: Re:
Yeah, sounds more like some other parts need cutting off. That seems to be considered "cruel and unusual" though.... not that the DEA really cares about "cruel and unusual" when dealing with anyone who isn't one of them. Seem to remember reading a few stories about searches that calling them an invasive search is an understatement.
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Anonymous Coward, 12 Sep 2017 @ 8:45am

Truthfully, if my teenage son died of drug overdose, I wouldn't blame pharma, the government or anyone else.

You want to do drugs, fine, but I shouldn't have to pay because you make bad decisions.
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stderric (profile), 12 Sep 2017 @ 8:52am

It's just more evidence America's law enforcement agencies are far more concerned with external police work than with internal accountability.

I'm pretty sure that when discussing law enforcement activities, APA form requires that the phrase 'police work' be surrounded by quotes 100% of the time.
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Anonymous Coward, 12 Sep 2017 @ 9:21am

Re:
You should get that trade marked and prosecute anyone who uses it without licensing it from you.
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Anonymous Coward, 12 Sep 2017 @ 10:39am

What do you expect?
Do you expect the "gods" to be held to the same standards as the rest of us?
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David, 12 Sep 2017 @ 10:54am

Re:

Truthfully, if my teenage son died of drug overdose, I wouldn't blame pharma, the government or anyone else.

You'd be the exception.

The world is full of people who would have resisted Hitler. Everybody is against swastikas and brown uniforms by now, and proudly so. They only agree with all the unimportant rest.

Oh, and we have a Muslim World Conspiracy these days for justification. It's still about the Near Eastern people our economies depend on.

If your teenage son died of drug overdoes, you would blame everyone else. Everybody does.

But if you've done most things right and/or also been lucky, your statement will never come to the test.

And for the majority of humanity, the best you can hope for is that their beliefs about the good in themselves will never come to the test.
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ECA (profile), 12 Sep 2017 @ 11:48am

respect?
How do we RESPECT those that rule over us, if they have no controls they BID BY..
WHY can we be found guilty of things THEY are not??
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John Snape (profile), 12 Sep 2017 @ 5:17pm

Imagine a world where the DEA didn't exist. Imagine a world where law enforcement was accountable for their actions. Imagine a world where freedom reigned above all else. Imagine a world where unicorns roam free and rainbows burst out of everyone's behinds...
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Lawrence D’Oliveiro, 12 Sep 2017 @ 5:58pm

She Was Only A “Criminal”, Not A “Terrorist”
And presumably not a Muslim either.
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Wendy Cockcroft, 13 Sep 2017 @ 3:01am

Re:
Tim, I am getting tired of all your anti-government articles.

Learn to use the Back button; nobody forces you to read them.

If what you write is somewhat valid, how can you, the left or anyone else push for single payer healthcare?

Rogue agents have nothing to do with healthcare. And healthcare is not a left-wing issue, it's a people issue and it'd work out cheaper for everyone if single-payer were implemented since using the ER as a health clinic costs more.
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Anonymous Coward, 13 Sep 2017 @ 3:02am

Re:
Your consistent, relentless apologism for naughty government agents is getting very tiresome.

It is not magically my fault if those enforcing the law suddenly choose not to enforce it.
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Anonymous Coward, 13 Sep 2017 @ 10:43am

Re:
The vehicle thing is hardly worth mentioning. Maybe the DEA will send him a cleaning bill but it wouldn't warrant much more discipline unless they were in public or on duty.
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harbingerofdoom (profile), 13 Sep 2017 @ 4:03pm

Re: Re: Obama's America
nothing makes me angrier than this.

one person strolls in and tosses out an obviously trolltastic comment with zero substance and then tons more have to fire back with the exact same type of comment which does nothing but prove that this stuff can be done and no one will care... because all anyone really cares about anymore is making sure we blame the other guy... doesnt matter whos really at fault, doesnt matter what was actually done, nope... all that matters is that we make sure we scream like a bunch of spazzed out monkeys.

idiots. idiots doing idiot things.
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Anonymous Coward, 14 Sep 2017 @ 6:48am

That's just sweet. But if you "pirate" entertainment "owned" by the copyright cartel, you go to prison.
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