UPDATE: It seems I’m going to be on Patt Morrison’s radio show regarding this issue at around 2 pm today, Wednesday. (KPCC – 89.3) I’m far too sleepless to be terribly choate, so please think positive thoughts about me completing my sentences. (It’ll be available online later here.)
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I have an Op Ed in this morning’s LA Times about an issue I blogged about last March that has finally really come to a head. Here are the high points:
Violent crime is down in L.A. by 7.8%, property crime by 3.4%. That’s the good news. The bad news is that, as of this morning, up to 800 gang and narcotics officers who helped make that drop possible are deciding whether to leave their jobs — all because of the inability of a federal judge to make a sensible decision.
Here’s the deal. According to the provisions of the federal consent decree, LAPD officers at the rank of lieutenant or below who work in either gang or narcotics details have to sign disclosure agreements documenting all their personal finances and giving the department access to their financial records. The idea is to ensure that these officers are not stealing money, drugs or other “valuable contraband.” The provision has never been enforced — until now.In reaction, the Los Angeles Police Protective League says that about 500 of the officers directly affected will either request transfers out of the gang and narcotic units or will simply retire. Plus, the union plans to sue.
“It’s not just about disclosing assets and liabilities,” said Hank Hernandez, the union general counsel. “It’s about having to turn over documents that confirm those disclosures, things like mortgage papers. And then who has access to the documents? We see the kind of record-keeping they do at police headquarters. I can show you photos of stacks of boxes in the hallways that are open to the public.”
The department has worked to satisfy the terms of the consent decree — all but the financial snooping provision, which the union declared unacceptably onerous. The lack of compliance has infuriated U.S. District Judge Gary A. Feess, who has official say-so over the provisions of the decree. A few years back, in an effort to placate the judge, the LAPD and the union hammered out a compromise involving additional background checks and periodic stings aimed at collaring any cops on the take. They drew the line at blanket trolling of financial records, unless there was a demonstrable reason to do it. Everybody hoped the deal would satisfy Feess.
It didn’t. Thus, for much of this year, there were new negotiations between the union, the Police Commission, the City Council and the consent decree monitor, in the hope of finding an acceptable middle ground. But last week the talks fell apart, and on Friday the union was served with an order demanding that every new gang and narcotics officer sign the disclosure form. All existing officers must sign it within two years.
“It’s a total invasion of privacy,” an unhappy 20-year veteran gang detective told me. “The only reason for the two years is to avoid losing the expertise. They want us experienced coppers to train the new recruits before we transfer out, which 100% of the people I know are going to do.”So, what about the financial disclosure requirement? Is it a good idea?
In a word: no. For one thing, if an officer is doing what now-infamous Rampart Division bad apple Perez was doing — namely skimming large amounts of high-ticket narcotics from police busts and reselling the stuff through proxies for a tidy profit — do we really believe that he or she would deposit that ill-gotten loot in a Bank of America checking account? .
More relevantly, would the financial disclosure agreement have helped nail Perez sooner? Perez did not deposit his drug money; he spent it. But let’s say it would’ve sped up the righteous pinching of Mr. Perez. In order to catch a handful of bad cops, is it wise to alienate and humiliate hundreds of decent officers? In any organization, morale is important. In law enforcement, it’s everything.
The rest is here.
Nice piece, Celeste. I can think of several ways a department could audit an officer that wouldn’t require this full scale / for the duration of their employment / disclosure. Doubtless your resident CPA will chime in, and could suggest some methods that might be successful at uncovering graft without subjecting the officers to this heinous privacy risk. This smacks of using a bazooka to skin a rabbit or using a flame thrower to light a charcoal grill. It’s way overkill. And, once the department is buried in that paper, who is going to take the time to analyze it all? This is just flat silly.
Detecting fraud is tough even for CPAs. Of course, all I have to do is ask if the person is a Democrat and then I know the answer.
Standard financial audits don’t look for fruad and don’t guarantee to uncover it. If someone is smart, there are plenty of ways to hide defalcations. I once knew a CPA/Attorney/Judge who taught a course on uncovering money laundering. The course was good and it should have been. We later found that the judge had been doing it for crooks for years. Even the best can be tripped up.
Fraud audits require special expertise, which is one reason that the FBI hires so many accountants–in addition to accountants being so macho.
Maybe U.S. District Judge Gary A. Feess would like to order all of his fellow judges to open up their books to the world, too.
Oh, guess which president appointed Judge Feess to the bench of the Central District of California. Hint: His wife is running for President. Maybe you should look at previous rulings of this ACLU backer.
Gee, Woody if you’ve got nothing to hide what is the big deal?
I’ll go out on a limb here and state, without any evidence, that the ACLU would side with the PPL on this. Just a guess though!
Detecting fraud is tough even for CPAs. Of course, all I have to do is ask if the person is a Democrat and then I know the answer.
That is correct these are a couple of local corrupt republican politicos, Rep. Randy “Duke” Cunningham and Sheriff Carona.
http://www.cnn.com/2005/POLITICS/11/28/cunningham/
http://www.latimes.com/news/local/la-me-carona30oct30,0,327619.story?
rlc, unreasonable search is a big deal, even when you’re innocent. If I were pulled over by the police and they asked if they could look into the trunk of my car, like they do on COPS and even though the trunk just has a jack, a tire, and a computer printer, I would tell them that I have nothing to hide but that they will have to get a warrant to search my trunk. The police pulled over my son for a phony reason and gave him a ticket for something that he didn’t do, and I raised cain and had that ticket torn up before two hours had passed. Leave me alone. Just go after the terrorists.
Going out on a limb, I would say that the ACLU would not side with the PPL based upon a really quick search of the positions of that the organization on this and similar cases involving the police and this judge.
LAR, given the campaign finance fraud of the Clintons, the two cases you showed are drops in the bucket. At least the Republicans don’t compromise national security by giving away secrets to the Chinese in exchange for “donations.”
If I were on the gang or narcotics detail, I would ask for reassignment before I opened up my life for that judge and his buddies and the crooks on the streets.
Woody better climb back off that limb.
I’ve got two words for you:
RUSH LIMBAUGH
Guess who supported him in his fight to keep his doctor’s records out of the hands of the State’s Attorneys?
(no bonus points for this one)
And No GOP minions don’t compromise national security for “Donations”. They just out CIA operatives working on proliferation of WMDs to score points!
It’s easy to tell about the ACLU on this case. Do a little research. I’m too busy right now, but you should be capable.
Since you’re the one making the claim the ball is in your court. I’ve got better things to do.
Interesting interview, Celeste.
Patrick, Jim and Darrell all made good points. Perhaps because I’ve spent the past several weeks stumping on behalf/against various revisions to FISA/RESTORE I was struck by William’s, if you’re not doing anything wrong, what have you got to be afraid of, response. Well, I suppose if you can absolutely trust every individual who will see or handle your information, trust the way it’s stored, that it cannot be used against you by some defense attorney trying to impugn your credibility at a trial, etc. maybe it doesn’t matter. My sense of human beings being something other than human, fails to reassure me on that score. Were I involved in law enforcement and looking at this, I’d feel the same way I do as a citizen looking at retroactive telecom immunity and basket warrants. It’s wrong, wrong, wrong on the merits.
I liked Darrell’s thought. If you have a reason to suspect, then you investigate. But I wouldn’t paint an entire job class with a graft or fraud brush *before* you have any reason to suspect a wrong doing.
rlc, well, you’re the one making the claim that I’m wrong, so prove it. I don’t live to satisfy your mind.
On local police issues, I found out tonight that a friend’s kid was pulled over the yesterday for no apparent reason–just like they did my kid. This boy is decent and goes to a Christian college. When he got out of the car, a five year old economy car, they knocked him down, and then one of the police said, “Let’s check for drugs since he has tags from (the next) county.” Then, they proceeded to check his car and emptied his musical instruments from the trunk to look for drugs–no warrant or reasonable cause. Yeah, like a drug dealer drives a piece of junk.
I’m getting tired of police abuse. I’m surprised that they didn’t taser him. Oh, and when it was over, they gave him a candy cane and told him not to tell anyone–honest truth. What happened to the days when they just hassled the blacks and hippies?
This is an outrageous invasion of privacy, which risks costing us many good field cops at a time when we have a hard time hiring even rookies. AND keep in mind, the disclosure rules would apply to the cop’s whole family, wife and kids included, to allegedly make sure he wasn’t laundering “take” through them. They argue this would burden their families with more public exposure (and records aren’t secure by any means, in this day and age, they can easily end up on the net for profit and jeopardize their security, cause ID theft, etc.) than the families of the gangsters themselves. That is true.
All this is a product of the Consent Decree imposed on LAPD by the scandals under Bernie Parks’ regime — the Parks who still second-guesses Bratton every inch and accuses him of insensitivity to the black community, etc. etc.
Apparently the Police Commission is taking a conservative stance on the interpretation of the Consent Decree, which doesn’t go into precise detail about just how much disclosure is required. They’d better think again before we go backwards in terms of police hiring and public safety. (Actually, the current cop count would remain stable, it’d just mean that experienced beat cops would ask for desk duty just when they’ve become proficient on the streets. DUMB.)
rlc, well, you’re the one making the claim that I’m wrong, so prove it. I don’t live to satisfy your mind.
Time for Logic 101 as well as revisiting elementary argumentation that “he who asserts, must prove.”
Celeste – in your reportorial role, might it be possible to determine where the local ACLU comes down on this. It would be interesting, given the history between the ACLU and the cops, and could put some of the silliness on display here to rest.
All I can say in response to Woody is that now you know how lots of black kids who are “decent” and minding their own business feel. My wife’s oldest son – an honors student at Occidental College – faced this stuff all the time, on and off campus. Still does in Oakland and, yes, Berkeley (!) where he ended up with a gun to his head in the course of nothing more than quietly sitting on a friends front porch. The worst part is after they put a kid through this stuff and realize there’s no “cause”, there aren’t even apologies or conciliatory words about a “misunderstanding” or “mistaken identity.” Just an arrogant “we can do anything we damned well please, so shut the fuck up” attitude.
You should have seen the hassle that I went through when I went to the restroom and found that I had just slipped by the Secret Service without either of us knowing until I tried to go back. Do you think that I got an apology?
There is no reason for me to reply to this post – the majority of you guys “know it all” already. My personal inside life experiences, as lucinda has put it, of working for numerous years with the Gang Enforcement Teams are irrelevent, inapplicable, and futile.
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