DHS-OIG supervisor: 'It was disgusting' to learn reports were falsified under his predecessor

Mark Reagan
The Brownsville Herald
03/10/2014

BROWNSVILLE — A special agent who replaced a Department of Homeland Security-Office of Inspector General supervisor in McAllen testified Monday that he couldn’t believe several agents told him they falsified reports.

“It was disgusting,” David Green, acting McAllen field office DHS-OIG agent in charge, testified in federal court. “I just kept thinking: ‘What else?’”

Green was the first witness to testify against former McAllen DHS-OIG supervisor Eugenio Pedraza, 49, who has pleaded not guilty to six counts of falsification of records in federal investigations, five counts of obstructing an agency proceeding, one count of obstruction of justice and one count of conspiracy.

The case is being tried before U.S. District Judge Andrew S. Hanen. Monday was the first day of the trial.

Pedraza headed an office that was the self-investigative wing of the DHS, with a particular emphasis on allegations of wrongdoing by U.S. Border Patrol agents and U.S. Customs and Border Protection officers.

Green, who was stationed in Houston until late 2011, testified that he was assigned to Pedraza’s unit to help young agents who had above-normal caseloads. When Pedraza was placed on administrative leave in February 2012, Green took over Pedraza’s role.

At first, though, Green wasn’t aware that the FBI was investigating Pedraza and several agents on suspicion that they were doctoring documents in anticipation of an internal field inspection, he testified.

But when Green made a trip to Brownsville to meet with two special agents who worked there, special agent Robert Vargas told him after a lunch meeting that he was asked to — and did — sign memorandums of activity that weren’t true.

“I couldn’t believe what he told me at first,” Green testified, explaining he tried to digest the information on his ensuing drive to Houston and called his boss there. “I was very angry because I got ambushed.”

Memorandums of activity describe work agents do in open criminal investigations.

Green testified he got to work doing file reviews with special agents to identify which cases agents should be working on and what should be put on the backburner.

As part of that process, Green would fill out a file review worksheet and place it with the case file, he testified. The file review worksheet would identify what work had been done on cases and set goals for agents to work toward. The reviews are to be done quarterly.

The first set of file reviews were completed in late 2011 and contained all of the file review worksheets, many of which Pedraza signed off on, Green testified.

The file review worksheets were kept with original case files and locked away to protect the integrity of the criminal investigations.

In March 2012, when Green was set to conduct his second round of file reviews, he discovered that most of the 100 or so cases were missing the worksheets, which had been there during the first review, he testified.

Green testified that at this point he was aware of the FBI investigation and reported the development to the agency.
He also testified that the only way to bypass an electronic system into the room where the original case files — and file review sheets — were located was with a master key. Green testified there were video cameras in the room.
Testimony continues Tuesday morning.

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