GovernmentExecutive.com

The union representing Border Patrol employees lashed out against the agency's leadership, the Homeland Security Department, a member of Congress and the Office of Special Council over punishments given to several agents for accepting kickbacks while stationed on the Arizona-Mexico border.

Justice Department and OSC investigations uncovered evidence of Border Patrol agents accepting credits, cash rebates and other kickbacks from lodging facilities while claiming the full per diem amount for reimbursement. Receipts reflecting full payment of the per diem were provided by the hotels or landlords.

Justifying the kickbacks as an effort by small innkeepers and landlords to compete with larger hotels that offered complimentary breakfasts and evening snacks to its tenants, the National Border Patrol Council said the OSC report wrongly implies corruption.

On Thursday, T.J. Bonner, president of the council, criticized the punishments as the actions of a "mindless bureaucracy" more concerned with appeasing politicians than following the law and treating employees fairly.

"No one has ever been able to explain to me the difference of checking into one of the hotels in Washington, D.C., where they'll give me a free breakfast, and someone giving you the money to go buy the same thing," Bonner said. "All of those who are responsible for this witch hunt and miscarriage of justice ... owe these dedicated men and women a sincere apology for unjustly smearing their reputations and causing them unnecessary anguish."

Bonner defended the agents' acceptance of money from landlords with a provision in the 2002 National Defense Authorization Act that allows federal employees to keep promotional items given to them by travel and transportation providers. The law was enacted specifically to allow employees to use frequent flyer miles gained on government travel for personal use.

Bonner acknowledged that legitimate instances of corruption occurred - such as agents accepting lower rents and inaccurately reflecting the standard per diem rate on reimbursement forms - but he said it was legal for agents to accept cash as long as they used the money for food.

Special Counsel Scott Bloch said in a statement that he was surprised by the council's dismissive tone toward the charges of corruption that resulted in the punishment of 45 agents for accepting kickbacks with their lodging arrangements.

"Lengthy investigations revealed widespread fraud and potential criminal misconduct," Bloch said. "I am particularly puzzled by the [Border Patrol Council's] defense in this case of these law enforcement agents taking cash kickbacks, sometimes in the hundreds of dollars."

OSC last week criticized earlier investigations of the charges, saying they did not scrutinize management's knowledge of the kickbacks.

The kickbacks occurred when the Border Patrol was boosting the number of agents assigned to the border to slow the tide of illegal immigration, including sending about 100 temporary agents a month to the area starting in 1999.

U.S. Customs and Border Protection spokesman Mario Villarreal said that the Border Patrol cooperated with the investigation conducted by both the Justice Department's inspector general and the subsequent decision by a CBP panel to punish 45 agents for taking the housing kickbacks. He said union officials have had opportunities to contest the agents' punishments - most of which were 30-day suspensions.

COMMENTS

• And the union wonders why they are losing members and support? I am a supporter of the unions and believe that a union is only as good as its members, but to say accepting kickbacks and submitting false documents are ok is absurd. If Mr. Bonner cannot see the difference between this and receiving a free breakfast then I have some swampland to sell. Mr. Bonner ask yourself these questions: Did the hotel operators offer the same deal to everyone who checked-in, including non-government employees? - Does not appear so Were the hotels up front about the discounts? - Does not appear so Were the employees up front about the discounts? – No – they submitted and accepted travel reimbursement for the per diem rate, not the lower actual rate they paid – that is plain out and out fraud – no way around it. This sounds like the old Teamsters days. If you want to be recognized as a legitimate union and receive support and respect then you need to be honest and hard working, not making excuses for members who screwed up. I agree with Counsel Scott Bloch, I am confused with your defense and rational. GovExec.com reader Posted June 6, 2005 10:46 AM
• Morality is doing what's right. Integrity is doing what's right when no one is looking. Integrity will always keep you out of trouble because those "sins of the past" have a pesky habit of popping up again. Any law enforcement individual that took a kick-back was violating the law, period. Every one of us knows that having a hotel manager give us a receipt for more than he charged is illegal. If it was not asked for, they should be up on graft charges and the hotel managers shoudl be charged with bribery. If it was demanded, there are various "protection" statutes that would apply. The only part of the Union defense that is valid is investigation into management's knowledge of the practise. However, if they did, they should face the same charges, NOT that should get the perps off as suggested. Fed'l Gov't Consultant Posted June 6, 2005 8:29 AM
• What else can you call it, when you receive a "free" perk and then put it on the taxpayers' back to pay you for it? If this isn't fraud and corruption I don't know what is. However, this is what happens when you give someone an inch as the old saying goes, and they take a mile. Congress could stop this crap in a minute except you would find they probably do similar things such as free trips, food, etc. The whole system is corrupt and they challenge anyone who defies to question them on what they do, such as the justice department and OSC. If these people were the military fighting in Iraq they would be court-martialed in a minute and probably sentenced to prison. What a damm shame people like this can get away with this stuff and put it all down the taxpayer. Fire the whole damm lot of them or put them on a garbage truck where they could fit right in. Charlie Posted June 3, 2005 9:01 PM