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Telecoms
Pull the Plug on FBI's War
on Terror Wiretaps Over Unpaid Bills
By Lara Jakes Jordan
The Associated Press
New York Lawyer
January 14, 2008
Telephone companies have
cut off FBI wiretaps used to eavesdrop on suspected criminals
because of the bureau's repeated failures to pay phone bills on
time.
A Justice Department audit
released Jan. 10 blamed the lost connections on the FBI's lax
oversight of money used in undercover investigations. In one office
alone, unpaid costs for wiretaps from one phone company totaled
$66,000.
In at least one case, a
wiretap used in a Foreign Intelligence Surveillance Act
investigation "was halted due to untimely payment," the audit found.
FISA wiretaps are used in the government's most sensitive and
secretive criminal and intelligence investigations, and allow
eavesdropping on suspected terrorists or spies.
"We also found that late
payments have resulted in telecommunications carriers actually
disconnecting phone lines established to deliver surveillance
results to the FBI, resulting in lost evidence," according to the
audit by Inspector General Glenn A. Fine.
More than half of 990 bills
to pay for telecommunication surveillance in five unidentified FBI
field offices were not paid on time, the report shows.
Assistant FBI Director John
Miller said wiretaps were dropped only a few times because of the
backed-up billing, which he said didn't significantly set back the
investigations under way. He said the FBI "will not tolerate
financial mismanagement, or worse," and is working to fix the
problems.
"While in a few instances,
late-payment of telephone bills resulted in interruptions of the
timely delivery of surveillance results, these interruptions were
temporary and in our assessment, none of those cases were
significantly affected," Miller said in a statement.
The report released Jan. 10
was a highly edited version of Fine's 87-page audit that the FBI
deemed too sensitive to be viewed publicly. It focused on what the
bureau admitted was an "antiquated" system to track money sent to
its 56 field offices nationwide for undercover work. Generally, the
money pays for rental cars, leases and surveillance, the audit
noted.
The American Civil
Liberties Union called on the FBI to release the entire, unedited
audit. The group, which has been critical of some of the
government's wiretapping programs, also took a swipe at
telecommunication companies that allowed the eavesdropping -- as
long as they are getting paid.
"It seems the telecoms, who
are claiming they were just being 'good patriots' when they allowed
the government to spy on us without warrants, are more than willing
to pull the plug on national security investigations when the
government falls behind on its bills," said former FBI agent Michael
German, the ACLU's national security policy counsel. "To put it
bluntly, it sounds as though the telecoms believe it when the FBI
says the warrant is in the mail but not when they say the check is
in the mail."
The audit also found that
some field offices paid for expenses on undercover cases that should
have been financed by FBI headquarters. Out of 130 undercover
payments examined, auditors found 14 cases of at least $6,000 each
where field offices dipped into their own budgets to pay for work
that should have been picked up by headquarters.
The faulty bookkeeping was
blamed, in large part, for an FBI employee who pleaded guilty in
June 2006 to stealing $25,000 for her own use, the audit noted.
"As demonstrated by the FBI
employee who stole funds intended to support undercover activities,
procedural controls by themselves have not ensured proper tracking
and use of confidential case funds," it concluded.
Fine's report offered 16
recommendations to improve the FBI's tracking and management of the
funding system, including its telecommunication costs. The FBI has
agreed to follow 11 of the suggestions and one additional
recommendation was found unnecessary. But it said that four "would
be either unfeasible or too cost prohibitive." The recommendations
were not specifically outlined in the edited version of the report.
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