Pubdate: Sun, 29 May 2005
Source: Houston Chronicle (TX)
Copyright: 2005 Houston Chronicle Publishing Company Division, Hearst Newspaper
Contact:  http://www.chron.com/
Details: http://www.mapinc.org/media/198
Author: James Pinkerton
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

CORRUPTION CROSSES THE BORDER WITH AGENT BRIBES

U.S. Officers Have Been Charged With Taking Money To Let Traffickers Cross 
Checkpoints

MCALLEN - The Border Patrol checkpoint on a remote stretch of South Texas 
ranchland was the ideal route for a drug trafficking ring to move tons of 
marijuana.

To make sure their product got through, traffickers paid $1.5 million to 
U.S. Border Patrol agent Juan Alfredo Alvarez, 35, to wave trucks loaded 
with a ton or more of marijuana through checkpoints outside Hebbronville, 
according to a plea bargain Alvarez agreed to earlier this month.

As Mexican drug cartels have transformed the Texas-Mexico border into one 
of the major transport corridors for marijuana, cocaine and heroin, 
traffickers have stepped up their efforts to bribe agents.

While attention has been focused on the wide-scale corruption of Mexican 
law enforcement officials by powerful drug organizations, recent 
investigations along the border have revealed corruption of several U.S. 
agents at key international crossings.

Alvarez, who awaits sentencing, joined nearly a half-dozen federal agents 
on the Texas border who have been convicted or charged in the past few 
months of taking bribes from drug dealers or human smugglers. Two weeks 
ago, members of a U.S. Justice Department sting operation arrested 17 
current or former military and law enforcement officers who allegedly were 
paid $220,000 by undercover agents to allow counterfeit drugs to cross 
check-points on the Arizona border.

The most recent Texas corruption convictions include:

Gerardo Diaz, a 43-year-old U.S. Customs and Border Protection inspector 
who pleaded guilty in El Paso to accepting a $15,000 bribe to allow five 
kilos of cocaine to enter the Ysleta port of entry. He was sentenced in 
March to eight years in prison.  In April, U.S. Customs and Border 
Protection inspector Fabian Solis, 41, was convicted of taking $300 for 
each undocumented alien he allowed to enter the country at international 
bridges in Roma and Rio Grande City. He is awaiting sentencing. Veteran 
prosecutors and federal agents say trying to bribe an official who mans a 
border crossing point, a highway checkpoint in the interior, or a stretch 
of the Rio Grande is a risky but successful tactic.

"To a drug organization, it's the logical extension of a successful 
business plan," explained former federal prosecutor Eric Reed, who entered 
private practice in Houston earlier this year. "I mean, if you have a hook 
in a law enforcement officer, you've got it made."

For The Love Of Money

The reasons for corruption are varied, officials say, and include the 
experience of living in close-knit border communities where future drug 
smugglers grow up and attend school alongside future police officers. 
Additionally, drug organizations are known to use women to induce agents to 
help smuggling operations, one prosecutor notes.

"It's usually the money and sex because lots of times there's a woman 
involved," said a prosecutor, who asked not to be identified. "Usually it's 
a male person taking the bribes."

And the bribe amounts can be staggering.

"It's the money and weakness," said one longtime U.S. agent stationed on 
the border, who would only speak if his name was not used. "It doesn't take 
a whole lot to approach an officer at a Port of Entry and ask, 'How would 
you like to make $5,000 a car?' "

Federal agents on the border earn more than local police, and a rookie 
Border Patrol officer is paid $35,000, while experienced customs or 
immigration inspectors can earn up to $70,000 with overtime, agency 
officials said.

In a corruption case pending in McAllen, a U.S. Customs inspector living in 
a $500,000 home -- complete with a basement movie theater -- is accused of 
accepting up to $10,000 for each drug-loaded vehicle he allegedly waved 
through his inspection lane on an international bridge. FBI agents 
testified the inspector was working for two drug organizations.

Houston-based U.S. Attorney Mike Shelby, who heads prosecutions in the 
sprawling South Texas judicial district, said that only terrorist attacks 
present a more dangerous threat to American society than corruption of 
public officials.

"Corruption undermines public confidence in all institutions of government, 
and rightly so," said Shelby, a veteran prosecutor who is stepping down 
June 11 to begin private practice. "If you believe public officials are 
using public office for personal gain, it's difficult for people to believe 
government is working on their behalf. So when we find it, we use every 
tool available to prosecute it."

Shelby, who in 2001 became chief prosecutor of a 43-county region that 
includes the border from Brownsville to Laredo, said he boosted the public 
integrity division from one to five full-time prosecutors.

Criminal cases against corrupt officials climbed from four in 2001 to nine 
cases in 2002, 15 cases in 2003, and 17 last year, he said. Shelby expects 
this year's prosecutions of corrupt officials will exceed last year's.

The public officials are a wide and varying group, including not only 
border law agents but county commissioners, school board administrators and 
trustees, city managers, zoning inspectors, state prosecutors, defense 
attorneys and constables.

But Shelby said the Texas border is no more corrupt than any other in the 
world, and it is the international exchange of commerce -- and not the 
people -- that engenders graft.

"The temptations are so great in the border environment -- whether it's in 
Texas, Arizona or Minnesota -- the border itself creates a unique 
opportunity and unique temptations, and it's true in the U.S., Europe, 
Africa and Asia," he said.

The wealth offered by traffickers is tempting, the prosecutor notes, since 
"border officials are often not paid very well for their efforts and, by 
contrast, people involved in illegal activities on the border are rewarded 
quite handsomely."

Prosecutors are trying to prove that was the situation with longtime U.S. 
Customs inspector Lizandro Martinez, who earned $55,600 a year but was 
arrested in December at his north McAllen home worth $529,963.

The home, one of three the agent owns, featured a swimming pool cabana with 
five showers, a basement movie theater and expensive furniture, an FBI 
agent testified.

Martinez, 43, a federal inspector since 1991, has denied the charges.

Lawsuits And Benefits

In pretrial hearings, his relatives have said the inspector's income 
included settlements from civil lawsuits and income tax refunds, as well as 
government reinstatement benefits after his union successfully fought two 
past suspensions from the U.S. Customs Service.

During a detention hearing, an FBI agent testified that video cameras 
recorded Martinez on seven occasions waving marijuana-laden pickup trucks 
through his lane while he worked the midnight-to-dawn shift at the Progreso 
International Bridge.

"They were filled to the top with marijuana ... sometimes you could see it 
protruding" from beneath plastic tarps, FBI agent Marella Rueles testified.

The FBI agent testified that a suspected drug trafficker, who worked with 
Martinez when they were both young police officers in nearby Hidalgo, was 
seen driving up to the inspector's post and signaling how many loaded 
trucks were to be allowed in without inspection. The inspector would then 
switch off the automatic license plate reader, which records vehicles 
entering the United States, and allow the pickups to enter without 
inspection, according to testimony.

In denying bond, U.S. Magistrate Dorina Ramos expressed "great concern" 
about the inspector's financial status, noting Martinez had filed for 
bankruptcy three times but managed to acquire $217,000 in equity in his 
homes and a used-car dealership.

FBI agents traced an additional $400,000 in cash expenditures he made in 
2003, the judges detention order reads.

Martinez and 12 co-defendants are scheduled for trial in June.

Prior Relationships

Former prosecutor Reed, who grew up in Brownsville and has handled 
corruption cases over the past decade, said agents frequently are corrupted 
by old friends.

"In so many of these cases, it seems like the law enforcement officer has a 
prior relationship with the trafficker," Reed said. "Or a relationship with 
someone who introduces them, or they have a girlfriend who introduces them."

"And then, it's just the easy money.

The rash of arrests and predictions that more will occur as trafficking 
increases on the Texas border have angered and embarrassed the ranks of 
federal officers on the border.

They say the majority are honest, but they know it is a tough job to stamp 
out graft entirely.

"'How do you stop corruption? You don't, as long as there is money and 
weakness in the system," said the longtime U.S. border agent. "You have to 
keep monitoring."
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MAP posted-by: Beth