May 2009 Archives

Formal request for congressional inquiry to Senator Feinstein.

CleanUpATF.org has become aware that over the last 18 months, ATF PGA and Chief Counsel’s Office has consistently provided substantially misleading or patently dishonest answers in response to official Congressional inquiries. Many of these misrepresentations, once exposed and discredited have resulted in significant settlements involving aggrieved ATF employees. Nevertheless, deceptive testimony remains a routine tactic used by ATF to quell congressional concerns and extinguish any potentially threatening oversight activities, no matter how legitimate. In light of Congress’s current emphasis on transparency and accountability on the part of federal agencies, now is the time to contact your Congressional Representative when you become aware of unethical, obstructive or unlawful conduct on the part of ATF management.  Other than the quiet payout of significant individual settlements, the managers and staff personnel directly responsible for perpetrating these reprehensible acts have suffered almost no adverse consequences. That needs to change.  Remember that in order to be covered under federal “Whistleblower” protections, you must promptly notify your ATF chain of command that a congressional complaint has been submitted.
May 13, 2009 United States Senator Dianne Feinstein One Post Street, Suite 2450 San Francisco, Ca. 94104 Vincent A. Cefalu Request for congressional inquiry, intervention and meeting with Senator Feinstein: In April 2006 I requested that your office conduct an inquiry on my behalf related to Whistleblower reprisals, hostile work environment and discriminatory transfer practices by the Bureau of Alcohol, Tobacco, Firearms and Explosives, San Francisco Field Division. Your office conducted a preliminary inquiry. You were provided an untruthful and less than candid response signed by the Asst. Director of Public and Governmental Affairs, which at the time satisfied any concerns your office may have had. As I stated, the agency knowingly provided you blatantly false information at which time I advised your staff member of the misrepresentations, but could not inspire further inquiry. The attached document was provided to me based on a simple request for documents related to my own official government permanent change of station transfer. There are no classified materials contained in my transfer files and there is no justifiable reason to withhold information which is governed by GAO and agency policies. Since that time, a class action complaint alleging the same violations by the same managers, as well as widespread institutional practices has been filed by 8 Special Agents and/or Inspectors and clerical staff (who are a part of your constituency, as well as their mothers, fathers, brothers, sisters and children who are suffering the collateral effects of the abuses) in the San Francisco Field Division. The issues I originally raised have now escalated and are evidenced by the sheer volume of EEOC, OSC and OIG complaints currently facing ATF. I/we are also including a formal written attempt to internally resolve many of these disputes with ATF Senior management. (This document is signed by 16 current and former ATF Special Agents, and Supervisors, many of whom are also your constituents)  Since my initial report to your office, millions of dollars of taxpayer funds have been paid out in needless settlements. Thousands of man-hours which could have been directed at southwestern border violence initiatives have instead been wasted on unnecessary internal disputes and abuses. ATF governmental affairs office in concert with ATF counsels office, has been shown through documentation described above as falsely reporting (without consequences) to yourself and other congressional members who have attempted to provide oversight of this Bureau. This Bureau with its rich and honorable history is now barely functioning and in some field divisions, is totally ineffective in its mission to reduce violent crime. There is a real and growing lack of faith in the leadership of this Bureau by the field. ATF's ethical standards are either non-existent or are regularly ignored by Senior Bureau management. This problem is growing, becoming more pronounced and is creating a public spectacle for our Bureau and our nation. With regards to the local impact, these abuses are so flagrant and destructive to the law enforcement community that we (the ATF employees that myself and Special Agent Jay Dobyns represent in the attached class action EEOC complaint) believe that the forced retirements of seasoned Agents, lack of credibility and the increasing disconnect between ATF management and the field, is only weakening ATF's ability to have any real impact on violent crime and firearms enforcement in the Northern California area. Senator Feinstein, you have been an advocate of law enforcement and a champion against violent crime. You have publicly supported efforts to increase transparency in government and openly questioned our (ATF's) apparent inability to interdict deadly firearms on their way to domestic and foreign criminals. We have the answers, and we are willing to be a part of the solution. We respectfully request to meet with you at your convenience and provide a detailed list of the mismanagement, waste fraud and abuse, unethical and illegal practices currently occurring within the Bureau nation wide. We ask that you initiate some oversight mechanisms to get our Bureau back on track, so that we can get back to the business of reducing firearms violence and regulating the industry with fairness and equality. Collectively we have spent our entire careers and lives serving as ATF Agents, and contrary to the position the ATF leadership will attempt to portray, we have served with honor and distinction. Many of the signatures on the attached proposal have perfected some of the most famous and successful investigations in the Bureaus history. Several have survived lethal encounters and have suffered great sacrifice out of love for this country and this Bureau. Our request is simple, hear us and decide whether or not congressional interest is warranted or not. We do not think that is too much to ask in exchange for a lifetime of physically placing ourselves between the criminals' firearms and the public. I/we may be reached 24/7 @ **********, at the above address or at Vcefalu@aol.com. Respectfully Submitted, Vincent A. Cefalu Bureau of Alcohol, Tobacco, Firearms and Explosives Attachments:
  • Email (redacted) regarding PCS transfer of Special Agent Vincent A. Cefalu
  • Letter from ATF to the EEO commission, related to Class complaint.
  • Excerpt from WWW.Cleanupatf.org
  • Proposal submitted to ATF Acting Director, Deputy Director and select members of the U.S. Senate.

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Those who wish to see ATF returned to a level of performance it once was, its time to contribute to this effort. Although ATF will undoubtedly distort the truth or outright lie, every Agent who is aware of mismanagement, waste fraud and abuse or hostile work environments, MUST report it to their elected Congressional rep. This will force oversight and oversight will force change. It is time for the small percentage of SACs and supervisors who are destroying this agency to answer. WRITE YOUR CONGRESSMAN. Thanks to all who have provided the heinous and shameful documents that so clearly illustrate corrupt ATF actions with not designed purpose but protecting the unethical and illegal acts of our leadership. They will be posted soon. Remember: Sworn depositions, personal emails and hand written signed notes don't lie. Finally, Stay alert, stay safe and do not let our current lack of leadership stop you from being ATF AGENTS. We are the best in the world and we should take great pride in the fact that those who would do harm in the world wake up everyday wondering if today is the day an ATF Agent (not DEA, not FBI) will hook them up.  Semper Fidelis

FOIA Requests - The ATF Employee's New Secret Weapon

The Freedom of Information Act (FOIA), 5 U.S.C. Section 552, is a government wide set of laws defining how, when and what types of information will be released to parties that submit formal FOIA requests to government agencies. Such requests are often made by outside organization or citizens, but can just as legitimately be submitted by government employees to their own agencies (e.g., ATF Agents can make FOIA requests to the ATF and/or the Department of Justice). In December, 2007, the President of the United States signed into law the "OPEN Government Act of 2007". Among other things, the Act was intended to standardize FOIA response times and prevent agencies such as ATF from indefinitely dragging their feet to evade disclosure of embarrassing or inconvenient information. This was a bread and butter tactic used time and time again by ATF and its counsel to frustrate legitimate requests for information and avoid accountability at all levels. However, with very few exceptions, the new Act unequivocally requires all federal agencies (including ATF) to provide all responsive documents within 20 days from the date the FOIA request was received. In the event that an agency (such as ATF) fails to comply with the 20-day time limit, there are a number of significant ramifications:
  1. The Agency (such as ATF) cannot charge the normal search and duplications fees (they have to eat the cost);
  2. The requesting party (such as an ATF agent or employee) can immediately file a lawsuit in Federal District Court, and;
  3. The agency (such as ATF) can be ordered to pay the requesting party's Attorney fees, which must then be paid out of the agency's (such as ATF's) actual appropriated operating budget, rather than the previously available "Claims and Judgement Fund" (a sort of government slush fund used to pay off things such a legal fees and judgements, even when the ageny management acted iresponsibly or unlawfully).
This means that for the first time, an agency (such as ATF) can end up paying a serious price for attempting to obstruct or delay responses to valid FOIA requests. This further means that employees of a federal agency (such as ATF) now have an effective and easily wielded weapon to combat arbitrary, retaliatory or otherwise unlawful management action. In February 2008, ATF's Director issued a Bureau-wide memorandum to all management at all levels concerning compliance with the new FOIA response requirements and emphasizing the "severe consequences" for the agency in cases in which it fails to comply. While www.CleanUpATF.org does not in any way suggest or condone frivolous use of the new FOIA rules, we strongly encourage government employees (such as ATF agents) to consider submitting detailed FOIA requests whenever they have been legitimately abused or victimized by improper management conduct. We further recommend that if ATF fails or refuses to stringently comply with both the rule and spirit of the "OPEN Government Act of 2007", aggrieved employees should bring immediate actions in federal District Court to ensure compliance, obtain the requested documents, and recover all attorney fees and costs incurred due the Bureau's refusal to follow the law. Even in cases in which an agency (such as ATF) complies with the 20-day deadline, they may, in effect, still refuse to actually disclose information they are lawfully obligated to provide. A great example of this is a recent FOIA "response" in which ATF redacted virtually 100% of an email that would clearly have evidenced management misconduct. This was an FOIA request submitted by an Agent who had been illegally hammered by management for making valid Whistleblower complaints. However, when the Agent asked for documents that he knew the Bureau possessed and that clearly proved they had violated his rights and the law, ATF blacked out basically every word, as if there was some sort of "state secret" involved. Of course, this FOIA request was about a PCS move and the manner in which ATF management had flagrantly used it to punish an employee. Moreover, the information was requested by the affected employee himself, so it was clearly relevant. The redaction was therefore obviously laughably improper and plainly accomplished for the sole reason of protecting management from well-deserved disciplinary or legal action, none of which is appropriate under FOIA statutes or ATF official policy. In cases such as this, you should hire a decent lawyer and sue their pants off. They will almost certainly be ordered to cough up the detailed information they should have provided in the first place, and pay your attorney fees. TAKE THEM TO COURT, AND...WIN!
FOIA LINKS & RESOURCES: The current contact point for all ATF-related FOIA requests is as follows: Averill P. Graham Chief, Disclosure Division Bureau of Alcohol, Tobacco, Firearms, and Explosives Department of Justice Suite 1E360 99 New York Avenue, N.E. Washington, DC 20226 (202) 648-8740 KNOWLEDGE IS POWER. GET SOME POWER.