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Entries in CBP (7)

Sunday
Oct072012

Border Patrol Agent Mistakenly Fired at Other Responding Agents

The head of the U.S. Border Patrol agents union says the agent killed last week in a shooting in southern Arizona apparently opened fire on two other agents thinking they were armed smugglers and was killed when they returned fire.

The two sets of agents approached an area where a sensor had been activated early Tuesday from different directions and encountered each other in an area of heavy brush, National Border Patrol Council president George McCubbin said.

Agent Nicholas Ivie apparently opened fire first and wounded one of the other agents but was killed in the return fire.

I dont know what it was he saw or heard that triggered this whole event, McCubbin said. Unfortunately it resulted in his death and another agent injured.

Acting Cochise County Sheriff Rod Rothrock confirmed the scenario but would not say if Ivie was the first to shoot, saying that was up to the federal agencies involved.

The new details add to a FBI statement Friday that the shooting appeared to be a friendly fire incident that involved no one but the agents.

McCubbin and Rothrock both said the two sets of agents knew the others were heading to the area on foot but apparently didnt know they were so close. McCubbin said hed been briefed by the agency, while Rothrocks agency has been involved with the investigation.

It was dark, very, very rugged terrain, and what they could see of each other was further obscured by the fact that there was brush and cacti and stuff like that between them, Rothrock said. I have no doubt that these agents were in as heightened a state of alert as you can get due to the proximity to the border and the history of trafficking in that area.

Rothrock said that when the agents spotted each other in the dark, they apparently took defensive postures, which was probably interpreted as aggressive postures. Like readying your weapons, for example.

Tuesday
Apr102012

DHS Inspector General Under Investigation

The U.S. Department of Homeland Security Inspector General is in turmoil amid allegations that its agents in Texas were told to falsify reports ahead of an office inspection last fall, according to an internal email.

Thomas M. Frost, the departments chief investigator, and deputy John Ryan were placed on administrative leave March 29, according to an email sent to managers nationwide last week.

The Acting [inspector general] decided to take this action in the interest of continuing our operations during the investigation with the least amount of disruption to our mission, he wrote. I am confident that this situation will be short lived and that DOJ will quickly resolve this matter

A federal grand jury in Washington has been convened to hear testimony over whether agents in a McAllen, Texas, field office fabricated investigative activity to show progress on misconduct cases involving homeland security employees, officials familiar with the probe told the Center for Investigative Reporting.

The inspector general is responsible for policing waste, fraud and abuse at the Department of Homeland Security. The Inspector Generals office, which was created along with Homeland Security in 2003, has a staff of 676 employees, including about 200 criminal investigators in 33 offices nationwide.

Over the last decade, the Department of Homeland Security has spent billions of dollars to boost border security, including a hiring surge of U.S. Border Patrol agents that has more than doubled the size of the agency.

At the same time, officials report an increase in corruption-related investigations. Since October 2004, 136 Customs and Border Protection employees have been indicted on or convicted of corruption-related charges.

Inspector General Charles K. Edwards testified in June that the inspector generals policy was to open investigations of all allegations of corruption by Department of Homeland Security employees.

The practice has overloaded investigators at the inspector generals office, agents say. As a result, cases havent been investigated or have been dormant for up to two years.

The inspector general for homeland security has been embroiled in a turf battle with the FBI and other DHS agencies over which office has the responsibility to investigate corruption within the federal governments third-largest department.

In some cases, the inspector general has sat on cases rather than allow outside investigators from the FBI or Customs and Border Protections internal affairs to pursue them, agents say. The inspector general had 2,564 open investigations as of Sept. 30, 2011, the end of the last fiscal year, up nearly 23 percent from the previous year.

Tensions flared after Frost sent a December 2009 memo to James Tomsheck, the Customs and Border Protection assistant commissioner for internal affairs, that ordered his internal affairs agents to cease conducting criminal investigations.

Frost also directed Customs and Border Protection to stop participating in corruption-focused task forces or sharing information with other agencies unless coordinated through the inspector general.

This story was produced by the Center for Investigative Reporting. Learn more at cironline.org. Contact the reporter at abecker@cironline.org.

Follow Andrew Becker on Twitter: www.twitter.com/ABeckerCIR

Friday
Nov042011

Glen Beck Interview of Border Patrol Agent Diaz' Wife

Border Patrol Agent Jesus Chito Diaz was arrested and convicted for what amounts to him ‘doing his job’, after being cleared of any wrongdoing by Homeland Security’s Office of Inspector General and U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility.

Customs and Border Protection Office of Internal Affairs decided to pursue the matter on their own and convinced the United States Attorney in the Western District of Texas to prosecute Diaz.

Diana Diaz, a Supervisory Border Patrol Agent and the wife of Jesus Diaz was interviewed on the Glen Beck Show last week.  Diaz continues to maintain that he did nothing wrong and is a victim of both internal Border Patrol politics and corrupt U.S. - Mexico relations.

Chito Diaz has served for 8+ years in the Border Patrol. His wife Diana has been a BP agent for 15 years and currently is a Field Operations Supervisor (FOS). They have 4 children together, including an infant born in March 2011. Mr. Diaz also has 2 children from his previous marriage. Numerous family members also serve in law enforcement in Texas and New Mexico.

Jesus Enrique Diaz, Jr., a Border Patrol Agent, was maliciously prosecuted at the request of the Mexican Consul in Eagle Pass, Texas. After a thorough independent review, we concluded that this case was pushed in order to hand the Mexican Government a Border Patrol agents scalp.

This case was solely motivated by politics and is yet another example of prosecutorial abuse and misconduct while protecting Mexicos narco-terror influences. The sole issue here is Agent Diaz was accused of pulling on the handcuffs of a doper while allegedly questioning him about a dope load. The U.S. Attorney for the Western District of Texas who prosecuted this case for the Department of In-Justice painted the doper as a poor victim selling drugs to make money for his family.

Officials with the Law Enforcement Officers Advocates Council said the prison term for Diaz was for deprivation of rights under the color of law in allegedly lifting the arms of an illegal alien drug smuggler.

We have reviewed the paperwork … as well as the official court transcripts. … The governments case is based on false testimony that is contradicted by the facts. This includes the charge that Agent Diaz was physically abusive to the then minor MBE as noted by court documents and transcripts in that Diaz allegedly put his knee on his back and pulled back on his handcuffs, said a statement prepared by Andy Ramirez, president of the LEOAC.

Other witnesses who claimed to have seen any misbehavior also could not, as it was 2 a.m. and dark at the time of the incident on Oct. 16, 2008, the organization said.

The agent who stood next to Mr. Diaz, Marco Ramos testified that he did not see anything that was claimed to have taken place, noted Ramirez.

Those who testified against Diaz not only didnt raise any objection at the time, they went off-duty to a local Whataburger restaurant, got their stories straight and reported it hours later to an off-duty supervisor at his house.

The doper claimed he suffered no injuries during his testimony during the trial. He was sore from his shoulders. However, that was due to the weight of the drug load, approximately 75 pounds that he carried across the border. There were two dopers apprehended during the incident and 150 pounds total drugs seized, the agents support team said.

The then-minor lied to the field agents, the Border Patrol station, the government and the consulate, as well as the grand jury.

He then admitted to his lies … after being granted immunity, Ramirez said.

Diaz wife, in a statement released through LEOAC, said, This is a bogus case to begin with as the facts clearly showed.

We will continue to lead this fight and stand by Chito, Diana, and their children until his name is cleared, said Ramirez. Having worked on as many cases as we have, this one is without question, the most atrocious yet. It is clear that our government gave Mexico City the scalp of yet another agent.

He noted Diaz previously was cleared by the Office of Inspector General and the Office of Professional Responsibility.

The U.S. Attorney for the Western District of Texas previously prosecuted Border Patrol Agents Gary Brugman, Jose Compean, and Ignacio Ramos, FBI Special Agent in Charge Hardrick Crawford, Edwards County Deputy Sheriff Gilmer Hernandez, as well as Celerino Cele Castillo a retired DEA Agent who blew the whistle on the Iran-Contra scandel.

The Obama Administration put the full weight of the Justice Department behind this prosecution to give the Mexican Government a Border Patrol Agents scalp and to send a message to all Border Patrol and Immigration and Customs agents: JUST SAY NO TO IMMIGRATION ENFORCEMENT in the United States of America.  Click Here to Support Agent Diaz

You can write Agent Jesus Diaz C/O Agent Diana Diaz at:
P.O. Box 2317
Del Rio, TX. 78841

Sunday
Oct302011

Border Patrol Agent Jailed for Doing His Job

Only in Obama’s America would a U.S. citizen risking their life in order to protect the United States border be arrested simply for doing their job. In the latest border atrocity, Agent Jesus “Chito” Diaz was arrested, convicted in Federal Court and sentenced to two years for violating the “civil rights” by using unreasonable force on a drug smuggler who was illegally present in the United States. The “Unreasonable Force” consisted of (are you ready for this?) briefly lifting the drug smuggler by the handcuffs, which DID NOT result in any injury to the suspect. From the The Washington Times :


The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

 

Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.

Border Patrol agents found more than 150 pounds of marijuana at the arrest site.

The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground — a near-universal police technique — while the other agents looked for the drugs.

The allegations against Diaz, 31, a seven-year veteran of the Border Patrol, initially were investigated by Homeland Security’s Office of Inspector General and U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility, which cleared the agent of any wrongdoing.

But the Internal Affairs Division at U.S. Customs and Border Protection ruled differently nearly a year later and, ultimately, the U.S. Attorney’s Office for the Western District of Texas brought charges.

The Law Enforcement Officers Advocates Council said the government’s case was “based on false testimony that is contradicted by the facts.”

In a statement, the council said that because the arrest took place at about 2 a.m., darkness would have made it impossible for the government’s witnesses to have seen whether any mistreatment took place. It said Marcos Ramos, the Border Patrol agent who stood next toDiaz, testified that he did not see any mistreatment of the smuggling suspect.

The council said other witnesses made contradictory claims and some later admitted to having perjured themselves. Such admissions, the council said, were ignored by the court and the government. It also said that probationary agents who claimed to have witnessed the assault raised no objections during the incident and failed to notify an on-duty supervisor until hours later.

“Instead, they went off-duty to a local ‘Whataburger’ restaurant, got their stories straight and reported it hours later to an off-duty supervisor at his home,” the council said. “Then the ‘witnesses’ went back to the station and reported their allegations.”

The council also noted that the teenager claimed no injuries in court other than sore shoulders, which the council attributed to “the weight of the drug load, approximately 75 pounds, he carried across the border.”

The U.S. Attorney’s Office for the Western District of Texas, which brought the charges, is the same office that in February 2006 — under U.S. Attorney Johnny Sutton — prosecuted Border Patrol Agents Ignacio Ramos and Jose Compean after they shot a drug-smuggling suspect, Osvaldo Aldrete-Davila, in the buttocks as he tried to flee back into Mexico after abandoning a van filled with 800 pounds of marijuana. Aldrete-Davila also was given immunity in the case and testified against the agent.


If you smell a rat, you might be right. The Liberty News Network has compelling evidence that the National Border Patrol Council (a union) “sabotaged” Agent Diaz’s case. Definitely seems to be something fishy going on here. Check out the video and judge for yourself:

 

Despite numerous problems in the prosecution’s case, Border Patrol agent Jesus “Chito” Diaz was sentenced to two years in federal prison for convictions stemming from his supposedly rough treatment of an illegal immigrant caught smuggling drugs.

Diaz was prosecuted by the Obama administration on charges of “civil rights” violations and allegedly lying to investigators. The Mexican government also filed an official complaint, claiming that the agent had pulled on the handcuffs of a young drug smuggler apprehended near the border.

But according to experts who reviewed the evidence, the whole prosecution was built on lies. “The government’s case is based on false testimony that is contradicted by the facts,” noted a statement from the Law Enforcement Officers Advocates Council (LEOAC), a non-profit organization that has taken up the Diaz family’s cause.

“The Mexican Consul claimed injuries to the drug smuggler’s ribs, and Diaz knee on his back. However, there were no marks on ribs, back, or on his wrists from the handcuffs whatsoever,” LEOAC President Andy Ramirez told The New American. “The sole marks on his body are the strap marks from the backpack due to the drug load.”

Among other problems with the case, LEOAC also noted that some of the “witnesses” admitted to perjuring themselves. Many of their claims were contradictory, too. And the agent standing next to Diaz testified that he did not see any of the alleged mistreatment.

Diaz’ story, on the other hand, was consistent from the beginning, LEOAC said. Plus, he had already been cleared of wrongdoing by the Office of Professional Responsibility and the Inspector General.

The court and the prosecutor went ahead with the case anyway. And pictures proving that the drug smuggler did not suffer any arrest-related injuries were sealed during the trial. After being granted immunity by the federal government, the illegal immigrant even admitted during the first trial that he had lied to the grand jury.

Despite all of that, following a mistrial, Diaz was convicted. And on October 20, he was sentenced to 24 months in prison. Incredibly, U.S. District Judge Alia Moses Ludlum even asked Diaz to apologize to the drug smuggler and his fellow officers.

Click Here to Support Agent Diaz

Friday
Oct212011

DHS Manager/Supervisor Criminal Activity Update

A former Immigration and Customs Enforcement (ICE) supervisor has pleaded guilty to stealing money from the government and misusing a diplomatic passport.

Ahmed Adil Abdallat faces up to 10 years in federal prison for using an official diplomatic passport for personal travel to and from Jordan, in addition to collecting more than $100,000 in improper travel reimbursements from the U.S. government. Abdallat, a former supervisory intelligence research specialist for ICE in El Paso, Texas, is in federal custody pending sentencing.

The government issued Abdallat a diplomatic passport in 2007 for temporary work at the U.S. Embassy in Saudi Arabia and other foreign countries. Abdallat admitted he used the passport for personal travel after he was assigned to the El Paso office and his work no longer required overseas travel on a diplomatic passport. He also submitted 13 travel vouchers in 2009 and 2010 containing fictitious charges for travel from El Paso to Washington. He received more than $116,000 in reimbursements from the government.

Also in October, a former Customs and Border Protection (CBP) manager at Midway International Airport in Chicago begins his prison sentence for taking bribes from foreign restaurant employees seeking to extend their stay in the United States. William Mann received bribes totaling $28,500 from several restaurant employees and their spouses to alter a law enforcement database and falsify immigration and travel documents allowing them to illegally extend their stay in the country.