Report Finds Cover-Up in an F.B.I. Terror Case
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"Mr. German would alert F.B.I. officials that the Orlando agent
handling the case had "so seriously mishandled" the investigation that
a prime opportunity to expose a terrorist financing plot had been
wasted. He said agents had not adequately pursued leads, had failed to
document important meetings with informants, and had tolerated
violations of rules and federal law on the handling of wiretaps."
"The agent who first alerted the F.B.I. to problems in the case, a
veteran undercover operative named Mike German, was "retaliated
against" by his boss, who was angered by the agent's complaints and
stopped using him for prestigious assignments in training new
undercover agents, the draft report concluded."

http://www.nytimes.com/2005/12/04/politics/04fbi.html?adxnnl=1&adxnnlx=1133714747-3ju2WyLq3X7KFy0j6cs46g


December 4, 2005

Report Finds Cover-Up in an F.B.I. Terror Case

By ERIC LICHTBLAU

WASHINGTON, Dec. 3 - Officials at the Federal Bureau of Investigation
mishandled a Florida terror investigation, falsified documents in the
case in an effort to cover repeated missteps and retaliated against an
agent who first complained about the problems, Justice Department
investigators have concluded.

In one instance, someone altered dates on three F.B.I. forms using
correction fluid to conceal an apparent violation of federal wiretap
law, according to a draft report of an investigation by the Justice
Department inspector general's office obtained by The New York Times.
But investigators were unable to determine who altered the documents.

The agent who first alerted the F.B.I. to problems in the case, a
veteran undercover operative named Mike German, was "retaliated
against" by his boss, who was angered by the agent's complaints and
stopped using him for prestigious assignments in training new
undercover agents, the draft report concluded.

Mr. German's case first became public last year, as he emerged as the
latest in a string of whistle-blowers at the bureau who said they had
been punished and effectively silenced for voicing concerns about the
handling of terror investigations and other matters since Sept. 11, 2001.

The inspector general's draft report, dated Nov. 15 and awaiting final
review, validated most of Mr. German's central accusations in the
case. But the former agent, who left the bureau last year after he
said his career had been derailed by the Florida episode, said he felt
more disappointment than vindication.

"More than anything else, I'm saddened by all this," Mr. German said
in an interview. "I still love the F.B.I., and I know that there are
good, honest, hard-working agents out there trying to do the right
thing, and this hurts all of them."

Robert S. Mueller III, director of the F.B.I., has emphasized
repeatedly, both publicly and in private messages to his staff, that
employees are encouraged to come forward with reports of wrongdoing
and that he will not tolerate retaliation against whistle-blowers.

Senator Charles E. Grassley, an Iowa Republican who has been a
frequent critic of the bureau, said of Mr. German: "Unfortunately,
this is just another case in a long line of F.B.I. whistle-blowers who
have had their careers derailed because the F.B.I. couldn't tolerate
criticism."

Michael Kortan, an F.B.I. spokesman, said the bureau had not been
briefed on the findings. But Mr. Kortan said that when the F.B.I.
received the report, "if either misconduct or other wrongdoing is
found, we will take appropriate action."

Ann Beeson, associate legal director for the American Civil Liberties
Union, said that the inspector general's findings, coming just days
after the Supreme Court refused to hear an appeal from an earlier
F.B.I. whistle-blower, pointed to the need for tougher measures to
protect those who report abuse. "With courts reluctant to protect
whistle-blowers, it is crucial that Congress pass additional
protections," Ms. Beeson said.

Mr. German's case dates to 2002, when the F.B.I. division in Tampa
opened a terror investigation into a lead that laundered proceeds,
possibly connected to a drug outfit, might be used to finance
terrorists overseas. The F.B.I. was considering initiating an
undercover operation to follow the lead, and Mr. German, who had
extensive experience infiltrating militias, skinheads and other
groups, was asked to take part.

But in the coming months, Mr. German would alert F.B.I. officials that
the Orlando agent handling the case had "so seriously mishandled" the
investigation that a prime opportunity to expose a terrorist financing
plot had been wasted. He said agents had not adequately pursued leads,
had failed to document important meetings with informants, and had
tolerated violations of rules and federal law on the handling of wiretaps.

The report, in one of its few dissents from Mr. German's accusations,
said it could not confirm that the F.B.I. had missed an important
chance to expose terrorism. Rather, it cited two findings by the
bureau that the prime informant had misled agents about the terrorism
angle in the case and that "there was no viable terrorism case."

Nonetheless, the inspector general found that the F.B.I. had
"mishandled and mismanaged" the investigation, partly through the
failure to document important developments for months at a time. The
report also found that supervisors were aware of problems in the case
but did not take prompt action to correct them.

Moreover, after Mr. German raised concerns about the lack of
documentation, an unnamed agent in Orlando "improperly added
inaccurate dates to the investigative reports in order to make it
appear as though the reports were prepared earlier," the inspector
general found.

In addition, someone used correction fluid to backdate by two months a
set of forms that the main informant had signed as part of a bugging
operation, in which he agreed that he had to be present for all
undercover taping.

The backdating was significant, the inspector general said, because
the informant had taped a 2002 meeting with several suspects but had
left the recording device unattended while he went to use the restroom
- a violation of federal law.

Mr. German became increasingly vocal within the F.B.I. about what he
saw as the bureau's failure to correct missteps, taking his concerns
directly to Mr. Mueller in a 2003 e-mail message. His complaints, the
inspector general found, led agents in Florida, Washington and Oregon
to distance themselves from him.

In the most serious instance, the head of the F.B.I. undercover unit,
Jorge Martinez, froze Mr. German out of teaching assignments in
undercover training and told one agent that Mr. German would "never
work another undercover case," the report said.

Mr. Martinez told investigators that he did not remember making the
statements but that if he had, it was a "knee-jerk reaction but did
not mean to indicate I was retaliating against him," the report said.

The inspector general disagreed. It said in the report that Mr.
Martinez's treatment of Mr. German amounted to improper retaliation
and "discrimination that could have a chilling effect on whistle-blowing."






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