HomeMy Public PortalAboutLTC 010-2014 - Update Bal Harbour Police DepartmentSAL H OUR
F LO RI DA'S PARADISE
OFFICE OF THE VILLAGE MANAGER
NO. 010-2014 LETTER TO COUNCIL
To: Mayor Jean Rosenfield and Members of the Village Council
FROM: Jorge M. Gonzalez, Village Manager �✓"�
DATE: July 30, 2014
SUBJECT: Update — Bal Harbour Police Department
The purpose of this Letter to Council (LTC) is to inform you of recent correspondence and
activities in the Bal Harbour Police Department (BHPD) relative to our standing with law
enforcement partners, including the Federal Bureau of Investigations (FBI), the Department of
Justice (DOJ), and the Florida Department of Law Enforcement (FDLE).
Since my appointment as Village Manager, one of my priorities has been the Bal Harbour Police
Department and working toward regaining the public trust. My appointment of Chief of Police
Mark Overton on January 6, 2014, after a thorough recruitment process, was the first step in
restoring confidence in our Police Department.
As you know Bal Harbour Village, has been under intensive scrutiny by various law enforcement
agencies over the past few years. Much effort has been made to bring to closure these
investigations by our new Chief and myself. I am pleased to inform you that significant progress
has been made.
Federal Bureau of Investigation (FBI) — Criminal Investigation
The FBI Miami Division had initiated an investigation based on a complaint of alleged corruption
by members of the Bal Harbour Police Department Tri-County Task Force.
On July 3, 2014, the FBI advised that after a careful and thorough investigation of the complaint,
the investigation will be closed pending new information of value and/or evidence of criminal
activity (Attachment A). As a result, we took specific personnel actions with the affected
employees.
U.S. Department of Justice Criminal Division — Re -Admittance into the Equitable Sharing
Program
The Bal Harbour Police Department was suspended form the Equitable Sharing Program in
November 2012, as a result of an Office of the Inspector General (OIG) investigation into the
use of equitable sharing funds obtained from the BHPD's participation in the Tri-County Task
Force.
LTC # 009.2014
Update — Bal Harbour Police Department
Page 2 of 3
In 2012, the Village received a letter from the Department of Justice summarizing the actions
taken as a result of OIG findings, which included suspension from the Equitable Sharing
program, required repayment of seized monies, and finally, the Village's ban from participation
in the Equitable Sharing Program in the future (Attachment B). One measure for the Village to
regain standing is through having the ban lifted on participation.
Since his appointment, Chief Overton and I have been meeting with representatives from the
U.S. Attorney's Office, the Department of Justice Asset Forfeiture and Money Laundering
Section (AFMLS) and other law enforcement partners regarding the closure of this case and the
re -admittance of the Bal Harbour Police Department to the Equitable Sharing Program
(Attachment C).
On June 17, 2014, the Department of Justice Criminal Division, upon completing its due
diligence process with the Department of Justice and the Department of Treasury, advised us
that we have been readmitted to the Department of Justice Equitable Sharing Program subject
to certain conditions.
In order to participate, the BHPD will be required to the following:
• The BHPD must ensure that none of its officers participate in any state/local led
taskforces similar to the Tri-County Task Force;
• The BHPD may only request sharing on seizures obtained as a result of joint
investigations with federal agencies;
• Equitable sharing funds obtained through future participation may not be used to fund or
support any undercover money laundering operations unless a federal law enforcement
agency is actively participating in the investigation; and,
• Additional audit review and oversight controls may be implemented if appropriate.
Failure to comply with audit requests will be a basis for future suspension from the
Program.
Currently, the BHPD is working on submitting the required 2013 Equitable Sharing Agreement
and Certification form, in accordance with the Department of Justice's requirements for re -
admittance. Re -admittance does not necessarily mean we will immediately detach an officer
and fully participate in the program — but we are now able to. I have asked the Chief to first fully
ensure that we are meeting our public safety needs before we consider any outside agency
activities. However, re -admittance does bring closure to a very unfortunate episode for Bal
Harbour Village.
Florida Department of Law Enforcement — Notification of Non -Compliance with FCIC/NCIC
System Use (2011-2012)
As you may know, the BHPD was audited for the agency's use of the FCIC/NCIC system and
handling of criminal history information by the Florida Department of Law Enforcement for the
period of December 2011 through December 2012. On January 10, 2014, the FDLE provided
the department with a letter transmitting their findings — that one of the BHPD's operating
procedures was out of compliance with the FCIC/NCIC policy. Specifically, the BHPD was
accessing FCIC/NCIC for non -criminal purposes, such as non -authorized state/federal
fingerprint -based background checks were run on employees of a condominium in the Village.
In addition, the department performed name -based record checks on coaches participating in
the Police Athletic League. Accessing the FCIC/NCIC system, which is linked to state and
federal databases, for non -criminal purposes, is not allowed per the user agreement and system
LTC # 009-2014
Update — Bal Harbour Police Department
Page 3 of 3
policy (Attachment D).
Chief Mark Overton immediately addressed the audit findings by instituting the use of the Vex
System. This system allows the BHPD to provide Village residents and businesses with
background checks by accessing local databases, and without violating any FDLE regulations.
On April 17, 2104, upon review of documentation and information provided by the department
regarding actions taken to rectify audit findings, FDLE advised that the BHPD was once again
operating in compliance with the FCIC User Agreement and FCIC/NCIC rules and regulations
(Attachment E).
Conclusion
The nearly two-year federal investigation of the Bal Harbour Police Department related to the
activities and participation in the Tri-County Task Force has now been concluded, with no
determination of criminal activity by members of the BHPD.
While closure to these episodes is welcome, it should not be construed as complete exoneration
of past activities. We should all note that significant and costly financial penalties have been
imposed upon the Village by these entities. The closure, however, can be construed as an
acknowledgment by these entities that Bal Harbour Village has taken appropriate steps to make
corrections to its policies and practices, as well as put in place new leadership to ensure
compliance with all federal, state and local laws and policies in the future.
Our next step is to conduct an internal review of the activities of the Taskforce to determine if
any violations of department policies and procedures occurred, and whether any disciplinary
action is warranted as a result.
As your Village Manager, my charge was to conclude this process, restore public confidence
and ensure that the BHPD refocused its efforts toward community policing and meeting the
public safety demands of this community.
I am proud to report that over the last six (6) months, we have been able to work with our
federal law enforcement partners to close out these pending issues related to the BHPD's
participation in the Tri-County Task Force. More importantly, these important steps will serve as
the cornerstone for the continued transformation of the BHPD into a more community -oriented
policing and professional agency.
My commitment to this community is that I will make changes in order to improve efficiency of
operations, increase the level of service and professionalism of Village staff, and most
importantly, ensure that this Administration exemplifies the principles of good government.
I have attached for your reference copies of the correspondence received by Bal Harbour
Village and the Bal Harbour Police Department regarding these matters.
If you have any questions, please feel free to contact me.
JMG/MNO/DM
F:\PD ADMIN\DOLORES\LTCs\LTC - Police Dept Update FINAL 7.14.docx
ATTACHMENT
In Reply, Please Refer to
File No.
Chief Mark Overton
655 96's Street
Ball Harbour, Florida 33154
RE: Tri County Task Force
Dear Chief Overton:
U.S. Department of.lustice
Federal Bureau of Investigation
16320 NW 2nd Avenue
North Miami Beach, FL 33169
July 3, 2014
The FBI Miami Division initiated an investigation based on a complaint of alleged corruption
by members of the Bal Harbour Police Department Tri County Task Force.
After a careful and thorough investigation of the complaint, and upon consulting with the
United States Attorney's Office in the Middle District of Florida, we have determined that there
does not appear to be a violation within the FBI's jurisdiction, which could be successfully
prosecuted and proven beyond a reasonable doubt in a Federal District Court. This investigation
will be closed pending any new information of value and/or evidence of criminal activity.
Sincerely,
George L. Piro
Special Agent in Charge
BY: (" tit'126G L- y/Qi'/( rq v try
Antonio E. Castaneda
Supervisory Special Agent
Page 1 of 1
ATTACHMENT B
U.S. Department of Justice
Criminal Division
Wnsloln$W, D.C. 205JO
Chief Thomas E. Hunker
Dal Harbour Police Department
655 96th Street
Bal Harbour, FL 33154
Jean Rosenfield
Mayor
Village of Bal Harbour
655 96th Street
Dal Harbour, FL 33154
October 26, 2012
Re: Deparduenr of Justice Investigation of Dal Harbour Police Department Equitable
Sharine Con+nliance. ]Vntlfleatlar nflnelleibillty. and Return of Funds
Dear Chief Bunker and Mayor Rosenfield:
This letter concerns the findings of investigations conducted by the Department of Justice
(DOJ) Office of the Inspector General (010) and Asset Forfeiture and Money Laundering
Section (AFMLS) of the Dal Harbour Police Department's (BHPD) participation in the DOJ
Equitable Sharing Program (Program).
The Program is intended to foster cooperation among federal, state, and local law
enforcement agencies by working together to combat and deter crime, and providing valuable
resources to participating state and local law enforcement ageneies through the sharing of
forfeited property. While we believe the Program has been a tremendous success, we are keen)
aware of the inherent sensitivities surrounding the sharing of forfeited property with participant
slate and local law enforcement agencies. As a result, Program participants are required to
adhere to rigorous standards and procedures, including those set forth in the Guide to Equitable
Sharing far State and Local Law Enforcemenr Agencies (Guide), the Equitable Sharing
Agreement and Certification Form (CSAC), and the National Code of Professional Conduct for
Asset Forfeiture (Code).
Violations of the requirements set forth in the Guide, ESAC, and Code can result in a
range of sanctions against Program participants, including:
Denial of an agency's sharing request;
" T e m p o r a r y o r p e r m a n e n t e x c l u s i o n f r o m f u r t h e r p a r t i c i p a t i o n i n t h e e q u i t a b l e s h a r i n g
p r o g r a m ;
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f r o m 2 0 0 8 t o 2 0 1 1 , T C T F c o n d u c t e d t r a n s a c t i o n s i n v o l v i n g o v e r $ 5 6 m i l l i o n w i t h o u t a d e q u a t e
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r e g a r d i n g t h e o p e r a t i o n s o f t h e ' f C T F .
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t o p a y a n A m e r i c a n E x p r e s s c r e d i t c a r d a c c o u n t u s e d b y t h e T C T F f o r t r a v e l a n d o t h e r
i n v e s t i g a t i v e r e l a t e d e x p e n s e s . T h e y a l s o f o u n d s e v e r a l e x a m p l e s w h e r e B H P D u s e d e q u i t a b l e
s h a r i n g m o n e y t o p a y h o t e l , f o o d , a n d a i r l i n e b i l l s i n e x c e s s o f f e d e r a l p e r d i e m r a t e s .
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t o b e a " l a c k o f a d e q u a t e i n t e r n a l c o n t r o l s o v e r c o m p l i a n c e a v i d k n o w l e d g e o f t h e r e q u i r e m e n t s
o f F e d e r a l E q u i t a b l e S h a r i n g P r o g r a m s "
I n l i g h t o f t h e s e f i n d i n g s , a n d p u r s u a n t t o i t s o v e r s i g h t a n d p o l i c y a u t h o r i t y o v e r t h e
P r o g r a m , A F M L S h a s d e c i d e d t o m a k e B I i P D i n e l i g i b l e f r o m p a r t i c i p a t i o n i n t h e P r o g r a m , a n d
t o r e q u i r e r e i m b u r s e m e n t o f e q u i t a b l e s h a r i n g m o n e y r e c e i v e d b y B H P D . A c c o r d i n g t o i t s f i s c a l
y e a r 2 0 1 1 L S A C f i l i n g , B H P D h a d $ 3 , 1 0 9 , 8 1 3 . 5 1 i n i t s f e d e r a l D O J e q u i t a b l e s h a r i n g a c c o u n t .
' S e e G u i d e , S e c t i o n X I .
Subsequently, BHPD has received additional sharing of $407,969.71, for a total amount of
$3,517,783.22. This total amount must be returned prormptly. Under separate letter, AFMLS
will provide instructions for returning BHPD's federal equitubte sharing balances. BHPD should
be aware that the return of sharing funds received from the Treasury Forfeiture Fund may he
addressed in a separate notification from officials of the Department of the Treasury.
BHPD will also be required to return all previously expended amounts found to be
impermissible uses of Program funds, As noted, AFMLS has determined that BHPD
impermissibly spent $709,836,37 in equitable sharing money on employee salaries and benefits.
This money also must be reimbursed. A final review of expenditures occurring after the OIG
and AFMLS investigations were concluded will be performed to determine whether there were
additional impermissible expenditures that must be reimbursed.
Also be advised that as long as 1311PD remains ineligible from the Program, no equitable
sharing requests from 1311111) will be accepted or processed, nor will BHPD be eligible to receive
any Joint Law Enforcement Operations or overtime payments.
The matters addressed in this letter relate solely to Program compliance and in no way
limit other sanctions that may be warranted. If you have questions about the return of funds or
our review of expenditures made after the effective date of the investigation, please contact
AFMLS Assistant Deputy Chief Gene Patton at (202) 514-1263.
ey
Copy:
Eric Hamel, Director
Treasury Executive Office of Asset Forfeiture
Departmentofthe-l'reasury---_
Melissa Nasrah, Legal Counsel
Treasury Executive Office of Asset Forfeiture
Department of the Treasury
Jackie Jackson, Program Manager
Treasury Executive Office of Asset Forfeiture
Department of the Treasury
U.S. Department of Justice
Criminal Division
Washington, D.C. 20530
10/21/2013
Dan Gelber
Gelber Schachter & Greenberg, P.A.
1441 Brickell Avenue
Suite 1420
Miami, Florida 33131-3426
Via email: dan@gsgpa.com
Dear Mr. Gelber:
This letter serves as a follow up to our telephone conversation on October 1, 2013,
regarding Bat Harbour Police Department's (BHPD) participation in the Department of Justice's
Equitable Sharing Program (Program). As we discussed, BHPD and the Village of Bat Harbour
have taken measures to address the actions of the Tri-County Task Force (Task Force) and
BHPD as a result of the Office of Inspector General's (OIG) audit. These measures include the
removal of the Village of Bat Harbour's Chief of Police, who was the head of the Task Force,
and the dissolution of the Task Force. In addition, at the request of the Asset Forfeiture and
Money Laundering Section (AFMLS), BHPD returned $1,279,872.83, which was the balance of
its equitable sharing account, to the U.S. Department of Justice.
As a result of these remedial actions, AFMLS will not require BHPD to return any
additional funds because of impermissible expenditures identified by the Department of Justice's
OIG audit, which included the identification of $657,858 in overtime payments. BHPD,
however, remains ineligible to participate in the Program. This designation means that BHPD
will not be allowed to submit requests for future equitable sharing awards and all pending
sharing requests and equitable sharing disbursements will be extinguished. Please be aware that
the matters addressed by AFMLS in this letter relate solely to Program compliance.
If you have questions regarding this correspondence, please contact me by phone at (202)
514-1263 or by email at alice.dery(a.usdol.gov. Thank you for your cooperation in this matter.
Alice W�.Dery, Deputy
Asset Forraiture and M
Laundering Section
ATTACHMENT C
U.S. Department of Justice
Criminal Division
Washington, D.C. 20530
JUN 17 20%
Chief Mark N. Overton
Bal Harbour Village Police Department
655 961h St. Surfside, Fl 33154
Dear Chief Overton:
This letter is in response to your recent conversations with the Asset Forfeiture and
Money Laundering Section (AFMLS) requesting that the Bal Harbour Village Police Department
(BHPD) be readmitted to the Equitable Sharing Program (Program). After consultation with
both Department of Justice and Department of the Treasury agencies who worked with BHPD,
AFMLS will readmit BHPD to the Department of Justice Program subject to the conditions set
forth below.
BI-IPD was suspended from the Program in November 2012 as a result of an Office of
Inspector General investigation into the use of equitable sharing funds obtained from BHPD's
participation in the Tri-County Task Force (TCTF). While TCTF has been dissolved, as a
condition of readmission to the Program, BHPD must ensure that none of its officers
participate in any state/local led task forces similar to TCTF. In addition, BHPD may only
request sharing on seizures obtained as a result of joint investigations with federal agencies; no
adoptions will be accepted for processing. Equitable sharing funds obtained from future
participation may not be used to fund or support any undercover money laundering operations
unless a federal law enforcement agency is actively participating in the investigation. In the
future, AFMLS will coordinate equitable sharing training with BHPD, Additional audit review
and oversight controls may be implemented if appropriate. Failure to comply with audit
requests will be a basis for future suspension from the Program.
Previously, BHPD returned the remaining balance of its Department of Justice sharing
account. In addition, all pending sharing requests have been extinguished. In order to return to
compliance, BHPD must file its 2013 Equitable Sharing Agreement and Certification form
indicating a zero ending balance. The return of funds to the Department of Justice should be
reported as an `other" expense on line j. As a participant in the Program, BHPD must also
comply with the policies and procedures outlined in Justice's Guide to Eguitahle Sharing for
State and Local Law Egforcernent Agencies (April 2009).
If you have any questions, please contact Brian Boykin, Equitable Sharing Program
Manager, at 202-598-2306 or Brian.Bovkin@usdoi.gov.
Sincerely, For
Alice W. Dery, Deputy Chief
Asset Forfeiture and Money
Laundering Section
cc: Wifredo Ferrer, U.S. Attorney
Southern District of Florida
U.S. Department of Justice
Eric Harnp►, Director
Treasury Executive Office for Asset Forfeiture
Department of the Treasury
Jackie Jackson, Program Manager
Treasury Executive Office for Asset Forfeiture
Departinent of the Treasury
Matthew Rasnake, Chief
Forfeiture and Seized Property Unit
Federal Bureau of Investigation
Vicki Rashid, Forfeiture Counsel
Office of Chief Counsel
Drug Enforcement Administration
Michele Munsie, Assistant Program Manager Asset Forfeiture
Financial Services
United States Marshals Service
Wanda Bossa, Chief
Asset Forfeiture and Seized Property Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
Apr+ ATTACHMENT D
■ ®«
Florida Department of Criminal Justice Information Services
Rick Scott, Governor
Law Enforcement Post Office Box 1489 Pam Bondl, Attorney General
Tallahassee, Florida 32302.1489 Jeff Atwater, Chief Financial Officer
Gerald M. Bailey (850) 410-71DO Adam Putnam, Commissioner ofAgriculture
Commissioner www,fdle.stats.11.us
January 10, 2014
Mr. Michael Daddario
Interim Chief
Sal Harbour Village Police Department
655 961h Street
Sal Harbour, Florida 33154
Subject: FCIC/NCIC Audit
Dear Interim Chief Daddario:
This is written confirmation of the findings from our audit of your agency's use of the FCIC/NCIC
system and handling of criminal history information. Our auditors, Operations Review
Specialists (ORS) Graham Culbertson and Amanda Wiggins discussed these findings with Ms.
Pamela Flanders at the conclusion of the audit.
We found one of your agency's operating procedures out of compliance with FCIC/NCIC policy,
The enclosed findings provide a description of the area of non-compliance and the required
corrective action. Please implement the procedural changes and notify us in writing of your
progress within 30 days. We have also enclosed a chart showing the results of the comparison
between a sample of your entries and the information in the corresponding case files.
If you have any questions regarding this audit, please contact me or ORS Culbertson at (850)
410-7126.
Sincerely,
Cia"a
Donna M. Uzzell
Director
DMU/gc
Enclosure
cc: Ms. Isis Crespo, Information Delivery Team
Ms. Pamela Flanders, Terminal Agency Coordinator
Service • Integrity • Respect • Quality
Area of Non-Comoliance:
The agency is using its access to FCIC/NCIC for non -criminal justice purposes. Non.
authorized state/federal fingerprint -based background checks were run on employees of a
condominium in Bal Harbour. The agency also performs name -based record checks on
coaches participating in a Police Athletic League.
Corrective Action:
According to the FDLE Criminal Justice User Agreement, Section II, 1., "Use of the CJNet
and any system accessed via the CJNet Is restricted to the administration of criminal
Justice or as otherwise specifically authorized or required by statute. Information
obtained from the FCIC/NCIC files, or computer interfaces to other state or federal systems,
by means of access granted through CJNet, can only be used for authorized purposes in
compliance with FCIC/NCIC and III rules, regulations and operating procedures, and state and
federal law. It is the responsibility of the User to insure access to CJNet is for authorized
purposes only, and to regulate proper use of the network and information at all times. The
User must establish appropriate written standards, which may be incorporated with existing
codes."
Records Review Report
Records in
Records
Errors in
Incomplete
System
Reviewed
Records
Records
BOATS
GUNS
8
8
0
1
VEHICLES
4
4
0
1
WRITS
_
INJUNCTIONS
MISSING PERSONS
WARRANTS
_
VEHICLE/BOAT PARTS
_
LINCENSE PLATES/TAGS
8
8
0 _
0
Records Error Report
The following is a list of all the records that contained errors in the FCICINCIC
entries at the time the records were pulled for the audit. Errors in FCIC
records can result in missed hits, impacting officer and public safety.
OVERALL ERROR RATE N/A %
Incomplete Record Report
The following is a list of all the records that do not include all of the information
in the case files and/or do not include all available information in the case files in
the FCICINCIC entries at the time the records were pulled for the audit,
OVERALL INCOMPLETE RECORD RATE N/A %
OF RECORD
CASE NUMBER
DESCRIPTION OF ERROR OR PROBLEM
[tYPE
- Gunsw_,--_
19-0712 -'_
EntWot validated
Vehicles
13-3283
VIN in case rile, not in entry
F ®L E
ATTACHMENT E
Florida Department of
Criminal Justice Information Services
Rick Scott, Governor
Law Enforcement
Post Office Box 1489
Pam Bondi, Attorney General
Tallahassee, Florida 32302-1489
Jeff Atwater, Chief Financial Officer
Gerald K Bailey
(850) 410-7100
Adam Putnam, Commissioner or Agriculture
Commissioner
www.fdle.state.8.us
April 17, 2014
Mr. Mark Overton
Chief
Be] Harbour Village Police Department
655 Ninety -Sixth Street
Sal Harbour, Florida 33154
Subject: FCIC/NCIC Audit
Dear Chief Overton:
We received your agency's correspondence regarding the area of non-compliance cited during
our recent FCIC/NCIC audit of your agency. Upon review of the documentation, we are
pleased to advise that your agency is now operating in compliance with the FCIC User
Agreement and FCIC/NCIC rules and regulations.
We wish to thank you and members of your agency for your response and continuing efforts to
operate in compliance with FCIC/NCIC requirements. If you have any questions regarding this
audit, please contact me or Operations Review Specialist Graham Culbertson at (850) 410-
7126.
Sincerely,
�.0
Jennifer Cook Pritt
Director
JCP/gc
cc: Ms. Pamela Flanders, Terminal Agency Coordinator
Service -Integrity • Respect -Quality