[Senate Prints 114-25]
[From the U.S. Government Publishing Office]
114th Congress } { S. Prt.
COMMITTEE PRINT
2nd Session } { 114-25
_______________________________________________________________________
ALLEGATIONS OF IMPROPER HIRING PRACTICES AND WHISTLEBLOWER REPRISAL AT
THE
U.S. MARSHALS SERVICE
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MAJORITY STAFF REPORT
PREPARED FOR THE USE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
SECOND SESSION
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NOVEMBER 2016
Printed for the use of the Committee on the Judiciary
114th Congress } { S. Prt.
COMMITTEE PRINT
2nd Session } { 114-25
_______________________________________________________________________
ALLEGATIONS OF IMPROPER HIRING PRACTICES AND WHISTLEBLOWER REPRISAL AT
THE
U. S. MARSHALS SERVICE
__________
MAJORITY STAFF REPORT
PREPARED FOR THE USE OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
SECOND SESSION
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
NOVEMBER 2016
Printed for the use of the Committee on the Judiciary
______
U.S. GOVERNMENT PUBLISHING OFFICE
22-413 PDF WASHINGTON : 2016
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COMMITTEE ON THE JUDICIARY
CHUCK GRASSLEY, Iowa, Chairman
ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont, Ranking
JEFF SESSIONS, Alabama Member
LINDSEY GRAHAM, South Carolina DIANNE FEINSTEIN, California
JOHN CORNYN, Texas CHUCK SCHUMER, New York
MICHAEL S. LEE, Utah DICK DURBIN, Illinois
TED CRUZ, Texas SHELDON WHITEHOUSE, Rhode Island
JEFF FLAKE, Arizona AMY KLOBUCHAR, Minnesota
DAVID VITTER, Louisiana AL FRANKEN, Minnesota
DAVID PERDUE, Georgia CHRISTOPHER A. COONS, Delaware
THOM TILLIS, North Carolina RICHARD BLUMENTHAL, Connecticut
Kolan Davis, Chief Counsel and Staff Director
Kristine Lucius, Democratic Chief Counsel and Staff Director
C O N T E N T S
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Page
Executive Summary................................................ 1
Glossary of Terms................................................ 3
Introduction..................................................... 4
Background....................................................... 4
Findings......................................................... 7
I. Lenzie Hiring.....................................................7
a. The Senior Forfeiture Financial Specialist (Senior FFS)
Recruitment.......................................................7
b. Director Hylton Recommended Donald Lenzie for a Contractor
Position.........................................................10
c. Beal's Involvement in Lenzie's Hiring Was Unusually Significant,
and an Unplanned and Unnecessary Position Was Created Specifically
for Him..........................................................11
d. Director Hylton's Recommendation Violated the Ethics Standards17
e. Beal's Promotion Created the Perception that the Agency Granted
Her Favored Treatment and Beal Likely Violated the Ethics Rules in
Having Subordinates Prepare Her Application......................18
f. The USMS Failed To Respond Promptly to Misconduct Allegations.22
II. Additional Hiring and Promotion Allegations......................24
a. Noelle Douglas................................................24
b. William and Mitzi Snelson and David and Rynda Sligh...........25
III.The Department of Justice Internal Review of USMS Hiring and
Promotion Practices Found Multiple Deficiencies..................26
IV. The Department's Failure To Conduct a Comprehensive Review of the
Allegations Resulted in an Initial Inaccurate Response to the
Committee........................................................27
Remaining Concerns and Recommendations........................... 29
I. The Department Should Improve Oversight of USMS Hiring Policies and
Practices, and the USMS Should Work To Promote a Stronger Merit-
Based Culture....................................................29
II. The USMS Must Improve Protections for Whistleblowers.............30
Conclusion....................................................... 32
Appendix......................................................... 35
Executive Summary
Since February 2015, the Chairman's office has received
protected disclosures alleging various forms of waste, fraud,
and abuse within the U.S. Marshals Service (USMS) from more
than 85 whistleblowers, primarily current and former USMS
employees. The disclosures involve alleged inappropriate and
wasteful spending of the Assets Forfeiture Fund, inappropriate
hiring and promotion practices, conflicts of interest, and
reprisal against whistleblower employees and those who
participate in protected activity. This report summarizes the
facts and draws conclusions regarding certain allegations of
improper hiring and promotion practices and conflicts of
interest.
First, this report addresses an allegation of a quid pro
quo between the former Director of the USMS and the former
Assistant Director of the USMS Asset Forfeiture Division.
Specifically, it was alleged that the Director recommended a
friend from college to the Assistant Director for a contractor
position and that the Assistant Director, in order to gain a
promotion, violated contracting guidelines to ensure he was
hired despite his lack of qualifications. While we found no
direct evidence of an explicit quid pro quo agreement, the
circumstances do create the appearance that an exchange of
favors occurred. However, the allegation that the college
friend was hired for the advertised position for which he was
unqualified was not substantiated. Nevertheless, the former
Director did recommend him and the former Assistant Director
(1) was unusually and significantly involved in the
contractor's hiring and (2) created a second, unadvertised
position specifically for him that was neither planned nor
necessary after it was determined he was not qualified for the
original position. Additionally, there is some evidence that
the Assistant Director's prolonged access to the role in an
acting capacity, with limited competition and through the
course of two misconduct investigations, created the impression
for employees that the agency manipulated the promotion process
for her benefit.
Second, the report addresses allegations of improper hiring
and promotion practices and conflicts of interest previously
raised in the Chairman's letters involving the former Assistant
Director of the Judicial Security Division as well as the
Associate Director of Operations, the current Acting Marshal
for the Western District of Texas, and their spouses.
Third, the report examines how and why the Department's
initial response to the quid pro quo allegation involving the
Director and the Assistant Director of the Asset Forfeiture
Division contained inaccurate information. That initial
response stated that the Director did not recommend the
contractor, although additional evidence later discovered
contradicted that claim. The report attributes the error to a
failure to conduct sufficient due diligence prior to submitting
a response.
Finally, the report analyzes recent and developing reforms
within the USMS related to its hiring and promotion practices
and compliance with the whistleblower protection laws. The
report recommends additional and continued oversight of these
reforms, as well as the development of manager-focused
education and training regarding appropriate responses to
employee protected activity.
Glossary of Terms
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AD Assistant Director
AFD U.S. Marshals Service Asset Forfeiture Division
AFF Assets Forfeiture Fund
AFFI Asset Forfeiture Financial Investigator
AFP Asset Forfeiture Program
AFU U.S. Attorney's Office Asset Forfeiture Unit
DOJ Department of Justice
FFS Forfeiture Financial Specialist
FSA Forfeiture Support Associates
IOD U.S. Marshals Service Investigative Operations
Division
JSD U.S. Marshals Service Judicial Security Division
OIG Office of Inspector General
OSC Office of Special Counsel
TDY Temporary Duty
TOD U.S. Marshals Service Tactical Operations Division
USAO U.S. Attorney's Office
USMS U.S. Marshals Service
WPEA Whistleblower Protection Enhancement Act
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