ATF Hall of Shame

By CUATF Webmaster on April 12, 2009 11:47 AM
IT IS TIME FOR MAJOR CHANGES WITHIN ATF. atf_crestThe Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE) is rapidly approaching a critically ineffective state, primarily due to the following circumstances:
  • ATF managers are encouraged to promote a "me first" mentality.
  • ATF management routinely demonstrates a disregard for working Field Agents.
  • ATF management seems to have little sense of public service or of an obligation to do the right thing.
  • ATF Management regularly violates the public trust at agency and taxpayer expense.
  • There is no effective external oversight of ATF management.
The following are but a few of the outrageous, unethical, immoral and sometimes criminal acts routinely perpetuated, tolerated and encouraged by ATF's senior managers. The profound lack of lawful accountability and appropriate consequences for improper management conduct are forcing internal mutiny and a rapidly growing vote of "no confidence" from the Field Agents that accomplish the Bureau's actual public safety mission. The acts described below, if perpetrated by any mere Field Agents or employees would have inevitably resulted in severe disciplinary action or termination from the Bureau. However, in today's ATF, a completely different standard of responsibility and permissible conduct applies to management officials at all levels. In every instance described, the management official's direct superior also violated mandatory ATF and DOJ policies by failing to address and report substantial abuses and violations.
Example #1:
  • The West coast Special Agent-in-Charge (SAC) and his management team were formally found to have intentionally and maliciously discriminated against employees.
  • Five skilled agents left the agency from this field division as a direct result of this SAC's abuse and lack of leadership.
  • The SAC willfully disregarded direct criminal threats made against an agent and his family, and thereby directly contributed to the payout of a substantial civil settlement at the Bureau's (taxpayers') expense.
  • The SAC released undercover "cutting edge" trade secrets to the media in direct violation of DOJ and Bureau policies and procedures. No disciplinary action resulted.
  • SAC orchestrates a personal attack on an adversarial agent by attempting to "frame" him as mentally unfit for duty.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The SAC was simply moved to another Field Division in an important Senior Executive Service (SES) position. People such as this thrive in today's ATF, which turns a blind eye to unethical and unlawful conduct, as long as it can be whitewashed or trivialized.
Example #2:
  • Another West coast SAC approved and oversaw two major investigations that involved significant allegations of gross government misconduct. The SAC and ASAC (Assistant Special Agent-in-Charge) were made fully aware of the improper conduct but refused take action in violation of ATF policy and statute.
  • The SAC directed reprisals and retaliations against whistleblowers complainants and attempted to conceal his actions through personal use of ATF Counsel and fraudulent claims of "Attorney-Client privilege".
  • The SAC knowingly signed inaccurate documents to conceal his mismanagement of hundreds of items of government property, including sensitive covert equipment. These illegal actions were reported to senior ATF management and Internal Affairs, but no investigation was ever conducted.
  • The SAC's misconduct causes a catastrophic failure in Agent morale. Agents and staff employees who challenge and report the violations as required by ATF and DOJ policies are smeared and have their careers destroyed by their own upper management.
  • The SAC and his management staff improperly used severe disciplinary actions and even firings against legitimate whistleblower complainants as a weapon to "manage" employees and dissuade others from speaking out.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Lying to Supervisor: 1st Offense: Admonishment to 7-Day Suspension / 2nd Offense: 3-Day Suspension to 14-Day Suspension / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • When evidence of the SAC's gross misconduct began to come to light, he was simply transferred to Headquarters and entrusted with overseeing the Bureau's intelligence gathering efforts. Meanwhile, yet another costly settlement was out paid to his victims at taxpayer expense.
Example #3:
  • During a sworn deposition regarding basic ATF policies and procedures, an ASAC responded with, "I don't know" or, "I don't recall" over 50 times.
  • The same ASAC admitted that he committed significant breaches of ATF policy by knowingly "failing to report" criminal and policy violations. His misconduct also directly contributed to major civil settlement payouts to victims at taxpayer expense.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Follow Office Procedures/Instructions: Includes non-compliance with DOJ/ATF rules, regulations and/or policies: 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The ASAC received no remedial or disciplinary action of any kind and remains a top candidate for promotion to the SAC level.
Example # 4:
  • An ATF Resident Agent-in-Charge (RAC) took possession of an employee's official agent badges, signed for them, and, according to his own sworn testimony, followed all Bureau procedures regarding handling of the Agent's guns, badges, credentials and other sensitive property.  The badges were subsequently intentionally damaged to a point that they could not be reissued. However, when asked under oath as to the details of his subsequent actions, he repeatedly responds with, "I don't know" or "I don't recall". He claimed to have no knowledge as to how these sensitive items arrived into the possession of the ASAC.
  • The RAC admitted under oath that he did not report destroyed badges in his possession as required by ATF policy.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The RAC was removed from supervision but transferred to a position responsible for oversight of all significant ATF multi-agency investigations on the west coast. He received no disciplinary or remedial action of any kind.
Example # 5:
  • Another west coast SAC conspired with two of his peers to knowingly obstruct justice by preventing an ATF expert witness Agent from testifying in an FBI RICO/homicide trial.
  • The SAC and his ASAC fraudulently attempted to discredit their own Agent to the FBI and the U.S. Attorney's Office.
  • ASAC made a public statement through the media that directly and adversely affects the ongoing trial creating turmoil amid the prosecution and discrediting the FBI's assertions in the prosecution.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The SAC was promoted to a position responsible for oversight of the ATF's Internal Affairs Office. The ASAC was likewise promoted to a media affairs position.
EXAMPLE #6:
  • The Southwest Field Division SAC ignored threats of murder and violence and an actual attack from a criminal organization a targeted at one of his assigned Special Agents and his family.
  • The SAC intentionally delayed the agency meager response to the threats and discouraged any follow-up investigation.
  • In coordination with ATF Headquarters, the SAC routinely tolerated, supported and encouraged the abuse of his own agents, resulting in major settlement payouts to the victims at taxpayer expense.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Lying to Supervisor: 1st Offense: Admonishment to 7-Day Suspension / 2nd Offense: 3-Day Suspension to 14-Day Suspension / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The SAC not only escaped adverse consequences of any kind, but is now the Bureau's public spokesperson for "Operation Gunrunner" (related to border violence and gun trafficking).
Example # 7:
  • An ASAC acted in such an unethical and abusive manner that he was ultimately forced to retire to avoid having to testify under oath in response to formal agent complaints.
  • After being forced to retire, the disgraced ASAC published an online blog entitled, "Orphans No More", accusing his own management peers of multiple violations and incompetence.
  • The former ASAC became so publicly critical, hostile and abusive that a highly respected senior supervisor resigned his position.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • ASAC was simply placed on extended "sick" leave until the date of his retirement in order to prevent him from having to testify under oath.
Example # 8:
  • The SAC Southeast becomes the subject of an OPSRO/OIG investigation involving multiple allegations of significant ethics and integrity violations. She was formally found to be guilty of discrimination.
  • Agents and other employees who are victims of or witnesses to potential criminal acts by managers are never contacted under the Victim/Witness Protection Act as required by law.
  • Numerous previous and current ATF managers whose credibility was completely destroyed through obviously false testimony under oath, receive no disciplinary action and remain in key management positions.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Failure to Cooperate with an OPRSO/IG Investigation: 1st Offense: 30-Day Suspension to Removal / 2nd Offense: Removal.
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Lying to Supervisor: 1st Offense: Admonishment to 7-Day Suspension / 2nd Offense: 3-Day Suspension to 14-Day Suspension / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The SAC was removed from his position and transferred to ATF HQ without explanation. The media was told that it was a "routine detail", although she never returned to her previous position. A special HQ position intended to "park" and hide problematic managers until they are eligible to retire was created. Upon retirement with full SES status and benefits, the disgraced former SAC was touted by ATF as a "Hero".
Example # 9:
  • In response to Congressional inquiries, ATF's Assistant Director for Public and Governmental Affairs (ADPGA) repeatedly provided documents and testimony he knew or should have known to be false, deceptive and misleading.
  • In response to an OIG report concluding that ATF was guilty of gross negligence and mismanagement of sensitive property such as computers, firearms, covert electronic equipment, ADPGA issued a public statement stating that the Bureau "is committed to resolving these issues".
  • Prior to issuance of the above official statement, in a blatant act of deception and "spin control", ADPGA secretly directed all 23 ATF Public Information Officers to generate "positive media" in their local areas for the express purpose of "diverting attention and minimizing the damage" (that would result from the extremely critical IG report).
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Failure to Cooperate with an OPRSO/IG Investigation: 1st Offense: 30-Day Suspension to Removal / 2nd Offense: Removal.
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • This individual received no disciplinary action of any kind and remains in an SES position.
Example # 10:
  • ATF Internal Affairs routinely ignored and dismissed major investigations of allegations against senior managers, but aggressively pursued investigations of minor allegations against Agents.
  • Internal Affairs routinely "whitewashes" investigations of management wrongdoing and refuses to pursue the genuine facts for the sole purpose of protecting management.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • These practices are ongoing, seriously degrading the Bureau's operational effectiveness, undermining employee confidence and ability to enforce our nation's laws, and violating law and the public trust on a daily basis.
Example # 11:
  • A Senior Attorney assigned to ATF's Ethics Division provided falsified official documents to members of Congress and judicial or administrative proceedings in an attempt to defend unethical and illegal acts on the part of ATF management.
  • The Ethics Attorney's staff fabricated information fraudulently alleging "criminal activity" on the part of complainant Field Agents in order to discredit the agent's testimony.
  • ATF Associate Chief Counsel, Ethics division routinely and unnecessarily escalated minor disputes into major litigation based on her inability to reasonably evaluate the facts. This resulted in millions of dollars of settlements paid out by ATF at taxpayer expense.
  • The Ethics Attorney routinely offered draft "settlement" agreements designed only to delay actual settlement of legitimate Agent disputes. The agreements were often subsequently violated by ATF, thus forcing Agents to retain legal counsel at considerable personal expense, just to force ATF to meet the legal obligations they already agreed-to in writing.
  • The newly assigned Chief of the ATF Professional Review Board was deemed to be "lacking in candor" during an OIG investigation of his prior mismanagement.
  • Within internal meetings and discussions, ATF's Bureau Deciding Official and many senior HQ managers openly mocked evidence brought by an Agent and family that had been the target of uninvestigated criminal murder threats as "light hearted reading". That official stated in writing to ATF's Deputy Director that he "may not even be interested in reading the report".
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • ATF's Lead Ethics Attorney remains in her position after wasting thousands of man-hours and millions of taxpayer dollars by constantly advising senior management to avoid accepting responsibility for their actions at any cost. One of her involved subordinate attorneys was placed on extended medical leave until transferring to another agency (to avoid embarrassing testimony). The Chief of ATF's Professional Review Board and Bureau Deciding Official remain in their positions, and continue to render final disciplinary decisions over allegations against Agents.  No one was disciplined in any way.
Example # 12:
  • A former ATF Deputy Director filed a whistleblower complaint against ATF based on reprisals and retaliations he received after anonymously reporting the misconduct of a past ATF Director. The complaint cited the need for anonymity due to the history of reprisal and retaliation in ATF. Even a Deputy Director was fearful of the harassment he would receive from ATF management.
  • The Deputy Director's case was quickly settled by ATF for three very specific reasons: He was the subject of retaliation and reprisal; he is a member of the management "club" that routinely takes care of its own; and, according to a high-ranking ATF Headquarters Official, "He knows all the secrets. He knows where all of the skeletons are buried."
  • The former Deputy Director was awarded with a whistleblower settlement for the very same conduct he perpetrated against dozens of ATF Agents during his career as a manager.
------------------------------------------ Mandatory Penalties (per ATF's official Table of Penalties):
  • Conduct Prejudicial to the Government (includes criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the government. Examples include, but are not limited to: retaliation for filing EEO complaint, whistleblower complaint, grievances or any other protected activity): 1st Offense: Removal
  • Failure to Follow Office Procedures/Instructions (includes non-compliance with DOJ/ATF rules, regulations and/or policies): 1st Offense: Admonishment to 3-Day suspension / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal
  • Authorizing, Directing, or Condoning Subordinate to Violate ATF/Government Policies (includes failure to curtail inappropriate behavior of subordinates): 1st Offense: Admonishment to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Failure to Timely Report Employee Misconduct: (includes failure to report employee misconduct): 1st Offense: Caution to Removal / 2nd Offense: 3-Day Suspension to Removal / 3rd Offense: 7-Day Suspension to Removal
  • Lack of Candor/Falsification: 1st Offense: Admonishment to Removal / 2nd Offense: 7-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
  • Failure to Notify Supervisor about Matters of Official Interest: Includes failure to timely report integrity violations to supervisor and/or OPRSO/IG: 1st Offense: Admonishment to 1-Day Suspension / 2nd Offense: 1-Day Suspension to 5-Day Suspension / 3rd Offense: 5-Day Suspension to 14-Day Suspension.
  • Inappropriate Behavior: 1st Offense: Admonishment to Removal / 2nd Offense: 5-Day Suspension to Removal / 3rd Offense: 14-Day Suspension to Removal.
------------------------------------------ Actual End Result (in flagrant violation of ATF, DOJ, OPM and/or other official mandatory government regulations and/or polices):
  • The former Deputy Director received a sizeable settlement and a coveted position involving "leadership development" at a prestigious military institution.
In summary, ATF management:
  • Promotes a completely corrupt set of double standards for managers vs. mere agents and employees.
  • Routinely abuses and victimizes its own working field agents.
  • Commonly disregard the most elemental tenants of fairness, integrity and accountability.
The bottom line is a federal law enforcement agency, Our ATF, that has been abjectly failed and corrupted by those we and the American taxpayer have trusted to honestly and effectively administer it.

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