Border Task Force Ends Probe; No Charges Filed

Federal investigators announced Wednesday that they have closed a 17-month probe into allegations of high-level corruption among U.S. Customs Service employees after failing to find evidence that would support criminal charges.

The probe, conducted by the multi-agency Border Patrol Corruption Task Force, focused on an incident in which a supervisor attempted to allow a Mexican gas tanker packed with nearly four tons of cocaine into the United States on Oct. 3, 1990.

The tanker later was stopped after a heated verbal exchange between the supervisor and inspectors. The driver escaped to Mexico, where his body turned up in the trunk of a car.

The FBI interviewed more than 80 witnesses, whose identities investigators have pledged to protect, but failed to find evidence that would justify criminal prosecution, U.S. Atty. Alan Bersin said.

“I am confident that there has been a full, fair and complete review of these charges,” Bersin told reporters. “We are satisfied that this has been an impartial review by seasoned professionals.”

Bersin said investigators did pass on an “administrative referral” involving the conduct of one customs employee, but refused to give any details, citing privacy laws. He said the matter would be handled by Customs Service officials.

Mike Horner, a former customs inspector who was one of the principal public accusers, said he thinks Bersin--and the FBI--will be embarrassed when whistle-blowers tell reporters details showing that U.S. customs employees were ignoring lookout lists and allowing drug smugglers to drive freely from Mexico into the United States.

“This is damage control. This is the only move Bersin could make to protect his position,” Horner said. “It’s all going to come out. There’s too many people with too much specific information and evidence that we have not yet shared with the media.

“Our only avenue available now is to give this evidence to the media, and hope this will bring out congressional or senatorial hearings,” Horner said.

Bersin said that if anyone comes forward with credible evidence of corruption at the Customs Service or any other governmental agency, it will be investigated.

Bersin said that since the alleged infractions took place prior to his assignment as the Clinton administration’s “Southwest border representative,” he could not be viewed as having a stake in backing down from criminal prosecutions.

In a statement, his office listed seven other border corruption cases that have been prosecuted. Among them:

In January, Immigration and Naturalization Service inspector Arthur Garcia was convicted of conspiracy to import and distribute cocaine. Garcia was indicted, along with four other defendants, after a co-defendant allegedly bribed him to allow vehicles carrying cocaine to pass through the Calexico border crossing. He was sentenced to 121 months in custody and five years supervised release.

INS inspector James Ruffin was indicted in June on charges of possessing cocaine with intention to distribute it. If convicted, he faces a maximum of 20 years imprisonment and a $1-million fine.

Customs inspector Francisco Mejia was indicted on narcotics-related charges in 1995. A jury acquitted him of three counts and deadlocked on another. He faces retrial on Aug. 27.

“I think the Border Corruption Task Force has taken a very aggressive approach in pursuing border corruption allegations,” said Robert Walsh, the special agent in charge of the FBI office in San Diego, whose agency is a member of the task force.