Tuesday, January 21, 2014

Newsflash! OIG Does an Honest Report on DS Investigative Process!

Newsflash! OIG Does an Honest Report on DS Investigative Process!

Seven years ago, CFSO and AFSA both told State's OIG that DS investigations into allegations of mis-or-malfeasance by Foreign Service members were subject to outside influence and were occasionally unprofessional. OIG's Response, under the now long-discredited Cookie Krongard, was to perform an inspection, the results of which were coordinated in advance with then DS Director Richard Griffin, that completely whitewashed the process.

This week, the OIG released a report entitled: Inspection of the Bureau of Diplomatic Security, Office of Investigations and Counterintelligence, Divisions of Special Investigations, Criminal Investigations, and Computer Investigations and Forensics.

Among the findings:

"The Bureau of Diplomatic Security (DS) Special Investigations Division (SID), which investigates allegations of criminal and administrative misconduct, lacks a firewall to preclude the DS and Department of State (Department) hierarchies from exercising undue influence in particular cases."

"DS does not have a comprehensive, up-to-date manual with approved policies and guidelines on how to conduct investigations."

"DS’s quality assurance measures are not sufficient to ensure that investigations comport with law enforcement standards and powers. DS should use peer reviews to help correct flaws and identify best practices." 

"Frequent agent turnover in DS investigative offices reduces long-term, specialized expertise and hampers complex criminal investigations."

"The current SID structure does not foster independence from career pressures and creates significant potential for undue influence, favoritism, and potential retribution. "

"DS lacks clearly stated professional investigative standards for investigative functions, with the result that DS agents who circulate through the ICI divisions make decisions about procedures and cases in ad hoc and sometimes inconsistent ways. Without such standards, it is difficult to ascertain whether adequate internal safeguards and standard management procedures exist." 

"The absence of a comprehensive, up-to-date manual increases the potential for errors, particularly for new agents who are forced to rely on on-the-job training. Inspectors discovered uncertainty among SID agents about which warnings to provide subjects prior to their interviews in investigations, though the wrong choice of warning can ruin a potential criminal prosecution. Inspectors were told that SID supervisors have sometimes pursued investigations excessively against other DS agents and that some supervisors have chosen to open cases on every allegation, including for those types of workplace issues that Department managers should ordinarily attempt to handle via other means."

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Don't worry folks! Things have not gotten worse! OIG has, for the first time, simply reported accurately on those functions.

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