[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

                               ----------                              

                         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 

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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

                              ----------                              
                                                                   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

                                ------                                


    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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