Page 22 - Customs Today Winter1984-OCR

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