[Congressional Record Volume 140, Number 86 (Thursday, June 30, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: June 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
INTRODUCTION OF LEGISLATION TO COMPENSATE THE VICTIMS OF ILL-FATED
POSTAL INSPECTION SERVICE DRUG ENFORCEMENT OPERATIONS
______
HON. WILLIAM (BILL) CLAY
of missouri
in the house of representatives
Thursday, June 30, 1994
Mr. CLAY. Mr. Speaker, since at least 1985 the Inspection Service of
the U.S. Postal Service has been hiring convicted felons as paid
confidential informants in its narcotics tarifficking enforcement
operations. Those felons were placed in postal positions in postal
facilities and given the responsibility of handling our mail. Postal
inspectors did not supervise their informants properly. The informants
began running the drug enforcement operations. They implicated innocent
postal employees who were falsely arrested by inspectors who blindly
accepted the information furnished by their paid felons. The more
arrests an inspector made, the higher his or her performance rating--an
operation known as Collars for Dollars. There was no incentive to
scrutinize a paid informant who was targeting innocent postal
employees.
Proper police procedures were not followed by the Postal Inspection
Service. Inspectors were given only 2 days' training on the use of paid
confidential informants in drug enforcement operations. This lack of
training and expertise showed. Informants made alleged drug buys out of
the view of inspectors. Innocent employees were arrested during Postal
Service staged media events at which these innocent employees were
handcuffed, paraded in front of TV cameras and taken to jail. In Los
Angeles in 1986, both the judge and jury in one case made statements in
court that a case against a postal employee should not have been
brought because the investigation was so poorly conducted. But the
Inspection Service continued to hire more felons as paid informants
throughout the country and continued the same errors. This resulted in
a 1992 operation in Cleveland where 19 innocent postal employees and
one private citizen were falsely arrested. Some were erroneously
convicted. There were no drug buys in Cleveland. The informants
pocketed the buy money and provided the inspectors with baking soda. In
all, $300,000 of Government funds were wasted and lost, and the lives
of innocent workers were ruined. They lost income, jobs, reputation,
and self esteem. Their families shared in that suffering.
The Committee on Post Office and Civil Service conducted its own
extensive investigation into Inspection Service drug enforcement
operations after it learned about the disastrous Cleveland drug sting
from press reports. The committee found that the Cleveland operation
was not an isolated case. Innocent employees were falsely fingered by
the Inspection Service's paid felons in Los Angeles, West Palm
Beach, Indianapolis, Boston, Toledo, and Minneapolis. Most of these
employees were never convicted because of improper actions by the
inspectors and their paid felons. In fact, in West Palm Beach, a postal
inspector warned his superiors that the paid informant was entrapping
postal employees. That inspector was reprimanded for his efforts.
Because the Postal Service did not control its paid felons and made no
effort to do so, innocent people suffered. These people and their
families may never recover from the injuries they suffered.
The Postal Service has compounded their suffering. After removing
them from their source of income, it fought providing them unemployment
compensation. It has fought rehiring many of these victims. It has
forced those it rehired to pay for health insurance during the time
they were unemployed and did not have health insurance. It has failed
to help any family members who suffered from its negligent actions.
The Postal Service's actions have been deplorable. The Postal Service
must compensate those it wrongly harmed and must cease its disregard
for the rights of its employees. The House has already passed one
important piece of legislation to help prevent a repeat of these
deplorable actions. H.R. 4400, the Postal Inspection Service and
Inspector General Act creates an independent inspector general for the
Postal Service who will oversee the Inspection Service and who would
have protected postal workers from overzealous inspectors. H.R. 4400
also prohibits the Postal Service from hiring paid confidential
informants for drug investigations unless the use of the mails is
involved. Never again should the Postal Service employ paid felons and
set them loose on the workroom floor. This legislation that I am
introducing today provides a mechanism to compensate these innocent
victims. Any individual who was arrested after 1983 by the postal
inspectors for violating a controlled substance law as the result of an
investigation in which a paid confidential informant was used, and was
not convicted of violating a controlled substance law, may petition a
panel of three administrative law judges for compensation for injuries.
The individual must have exhausted all judicial and administrative
procedures. In awarding damages the panel must consider injuries
suffered by the victim's spouse and children and any compensation
already received by the victim. No award may exceed $500,000. The
Postal Service, not the U.S. Treasury, shall fund the costs of the
procedures and all awards.
This is an extraordinary compensation bill to correct an
extraordinary disrespect of the lives and rights of postal employees by
the Postal Inspection Service.
____________________