Page 22 - Customs Today Winter1984-OCR

• Immediately call Internal Affairs.
Don't go through supervisory channels.
Bribery This only delays notification to Internal
Affairs, which could compromise the in
Awareness vestigation. Internal Affairs will notify
your supervisor at the appropriate time.
• Time is critical in bribery investi
gations. As soon as possible after the in
itial meeting with the violator, make
notes of any identifying information and
the exact words used by the violator. This
will be beneficial to the investigation, as
well as for later court testimony.
• Don't discuss the matter with
anyone. Follow instructions of Internal
Affairs regarding further actions, in
cluding when to notify your supervisor.
Joe Woolery • Be guided by the "need to know"
aware of it.'' He offers the following ex principle.
Division senior special agent as
Joe Woolery is an Internal Security amples of common, but subde offers: You need to know a few things about
signed to Internal Affairs at the Pacific gratuities too, although they constitute a
Region Headquarters in Los Angeles. A 1. Questions asked of employee: grayer area than bribes. Woolery says, "A
while ago, Agent Woolery addressed in gratuity is very similar to a bribe, with one
A. Is there any other way we can settle
spectors at the Los Angeles District. His this case? important difference: a gratuity does not
presentation, one of several Integrity B. Can't you do better? require that any illegal or improper act be
Awareness Seminars throughout the performed by the person receiving it. In
C. How are you doing financially during
Service, addressed a growing problem other words, it is given without apparent
this period of inflation?
facing Customs employees—how to D. Do you have any children? cause or justification, as a gift or a 'tip'."
properly deal with attempted bribery. E. Other questions pertaining to your Woolery's tip to remember is that
"Attempted bribery is an occupa the offer of a gratuity may be a prelude to
tional hazard of your profession with personal life. a bribe, in which something will be ex
Customs," said Woolery, a 10-year Cus 2. Offers of items of minimal value pected in return. And, like a bribe, viola
toms veteran. "It's quite possible that to test employee's potential for future tion of gratuity regulations is a felony.
you have been or will be offered a bribe bribe offers: The Federal Bribery Statute (18
sometime during your career. A. Tickets to sporting events or theater. USC 201) and Customs Policies and Pro
Bribery of a public official, such as a B. Items of merchandise at no cost or at cedures Manual (Section 51735) cover
Customs employee, is a felony criminal a substantial discount. gratuities in detail so you may want to
violation carrying "a fine of not more C. After-working-hours invitations to look them up to refresh your memory on
than $20,000 or three times the monetary social functions. the specifics.
equivalent of the thing of value, which Woolery is quick to point out that
ever is greater, or imprisonment for not 3. Being requested to contact the some of the language in the regulations
violator or his representative before or
more than 15 years, or both. . ." The regarding gratuities is non-specific. In
statute (18 USC 201) couldn't be clearer after duty hours. actual situations, you'll have to be guided
in defining a bribe. In part, the statute If you believe an attempt to bribe by your own judgment, but you should
states "whoever, directly or indirectly, you has been made, here's what you ask yourself if you would be comfortable
should do:
corruptly gives, offers or promises explaining your rationale for accepting
anything of value to any other person or • Discreetly obtain clarification of something to an Internal Affairs special
entity, with intent: the offer, overture or suggestion. agent. You should consider whether ac
1) To influence any official act or • Don't accept or refuse the offer— ceptance would be legal; whether it
2) To influence such public official . . . would be permitted by Customs regula
to commit or aid in committing, or col STALL. tions; and whether it would be ethical in a
lude in, or allow, any fraud, on the • During your initial meeting with professional sense.
United States or Woolery offers this final advice,
the offerer, discreedy obtain as much
3) To induce such public official ... to identifying data about the violator as pos "Avoid anything, even though not spe
do or omit to do any act in violation of his cifically prohibited, which could tend to
lawful duty. ..." sible, such as a physical description, vehi
cle license plate number, etc. compromise, or appear to compromise,
Acceptance of gratuities will be cov your effectiveness as a Customs officer."
ered later in this article. • Calmly terminate the meeting
Inspectors have more contact with and establish a way to contact the violator Editor's note: Since this story was written,
the public than any other segment of the at a later time. Never give your home Agent Woolery was named Special
Service. Woolery says, "Quite possibly phone number or address—keep in a Agent-in-Charge for Internal Affairs in
neutral area.
you've been offered a bribe and were not Seattle, Wash.
20