DOJ Scheme to Silence Former U.S. Customs Agent
John Carman had been a Secret Service Agent and then an agent for U.S. Customs along the California-Mexican border. It was in this position that he discovered as part of his official duties actions by Customs superiors that allowed suspected drug shipments to pass without inspection, as well as to prevent apprehension of illegal aliens. Carman's attempts to report and take actions on these serious violations resulted in Carman leaving government service after 17 years for U.S. Customs.
Leaving government service, Carman then started a private investigative company. Also, he posted a web site (www.customscorruption.com), listing many of the corrupt activities of high-level Customs officials, including the names of some of them. Other U.S. Customs Agents, including Darlene Fitzgerald, had discovered similar corruption in U.S. Customs. H web site describing this corruption is http://www.bordergate.net/.
Customs officials started monitoring Carman's activities, and in one instance caused local police to stop Carman's vehicle and inspect it for contraband. This stop caused Carman to file a civil action against the government, which further aggravated them.
Using the FBI to Silence a Former Government Agent
A scheme was then concocted, started by FBI personnel, which resulted in false charges filed against Carman. To carry out the scheme, FBI officials used a deported illegal alien, a former Mexican police officer, Eloy Fernandez Fernandez. Fernandez once worked for U.S. Customs as an informant, until he reported the bribes received by two U.S. Customs officials along the Mexican border. That scheme involved a case that Carman was working on.
Eloy had initiated contact with Carman, claiming that he had seen Carman’s web site seeking information from people that knew about corruption in the U.S. Customs Service. Eloy and wanted to meet personally with Carman. At that time, Carman did not know about Eloy’s prior activities. Eloy gained Carman’s trust, claimed he was with the Mexican Judicial police, Carman had several times requested that Eloy send a copy of his Mexican police credentials.
FBI Agents Misused Carman's Investigative
Work to Entrap Him Carman's investigative company had a client who was involved in a custody battle with a former wife, and this wife was planning a trip to Mexico. According to the former husband, the woman used illegal drugs. Carman and the woman's former husband planned to report the woman to Mexican police when she traveled to Mexico, informing them that they believed she was carrying drugs for her personal use.
Carman contacted Fernandez, who represented himself to Carman as a Mexican police officer, and agreed to stop the woman and search for drugs. Then, assuming that drugs would be found, the woman would be arrested and the children accompanying her would be turned over to her former husband. Although this type of conduct was distasteful, it was nevertheless the conduct that could be expected of an investigative agency, but probably not illegal.
Somewhere along the way, Fernandez was secretly working with the FBI, and the statements made by Fernandez were used as the primary basis for the charges made against Carman.
The Role of the U.S. Attorney in the Bush Administration
Before the plan was carried out by Carman and the alleged Mexican police officer, Fernandez, San Diego U.S. Attorney Karen Hewitt charged Carman (March 16, 2007) with a scheme to kidnap the woman involved in the custody battle and hold her for ransom.
The Complaint for Violation of Title 18 USC § 956 (conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country), was originally filed on March 16, 2007 and ordered sealed by the court. This was later unsealed on Marcy 19, 2007.
The scheme at the lower FBI level involved FBI Special Agent Michael Lombardi, who filed a fabricated declaration with the court. Among the false statements was that "Carman knowingly and intentionally conspired with others known and unknown to kidnap and hold for ransom a United States citizen in Mexico, and has committed an overt act in furtherance of said conspiracy while in the territorial jurisdiction of the United States in violation of Title 18 U.S.C. Sections 956."
More Fabrication to Deny Bail to Carman
Then to deny bail to Carman while waiting trial, the U.S. attorney charged that Carman was a danger to the public and a flight risk. Magistrate Cathy Ann Bencivengo, beholden to the Department of Justice, denied bail. Magistrates seek to be promoted to federal judges, which require pleasing Department of Justice officials. I found myself in a similar position many years earlier as DOJ officials sought to silence me. (Details in Unfriendly Skies: 20th & 21st Centuries.)
The charge by the U.S. attorney against a dedicated former U.S. Customs agent was based solely on the statements of the Mexican alien, Fernandez.
Ties to the White House Firing of Nine U.S. Attorneys
It is of interest that the firing of U.S. Attorney Carol Lam by the Bush White House, along with eight others, was to halt her continued investigation of Republican politicians, such as Representative Cunningham that brought the additional indictment of a former key CIA official, Kyle Foggo, and a prominent defense contractor and campaign contributor to President George W. Bush, Brent Wilkes. (See the book, Congress and Other Cesspools.) The Bush White House replaced fired U.S. Attorney Carol Lam with Karen Hewitt, who wasted no time to go after Carman who was exposing high-level corruption in government.
FBI's Corrupt Culture
Another interesting aspect of this scheme to obstruct justice was that the scheme against Carman was initiated by the FBI, the same agency in which FBI agents in the Boston and New York offices were involved in numerous murders with organized crime figures. (Details are in the book, FBI, CIA, the Mob, and Treachery.)
The Real Reason for Fernandez' Deportation in 1996
A press release issued in 1996 by U.S. Customs referred to Fernandez and the alleged reason for his deportation:
Janet Napolitano, United States Attorney for the District of Arizona, announced today that Eloy Fernandez-Fernandez, 47 years old, a Mexican National residing in Yuma, pled guilty in Federal District Court in Phoenix, Arizona, to making false statements to the United States Government.
Fernandez admitted that on September 5 and 26, 1996, he made false oral and written statements to agents of the Office of Inspector General of the Treasury Department and the Federal Bureau of Investigation in order to induce those agencies to allow him to remain in the U.S. when he would otherwise be facing potential deportation.
Mr. Fernandez admitted that he fabricated a story that in September 1992, while present in the office of a Mexican police official in Tijuana, Mexico, he saw the Mexican official hand a shaving kit containing a large amount of U.S. currency to two men.
Fernandez said that at the time of the incident he recognized one of the men as ........ a former employee of the U.S. Customs Service. Fernandez said he did not know at the time who the second man was, but that he later learned that the man was ... an employee of the U.S. Customs Service. Fernandez said he fabricated the statement because he was concerned about his immigration status, was facing imminent exclusion from the United States, and had concluded that by making the false statement to law enforcement agents he could get them to allow him to remain in the United States to assist in an investigation of his claims.
Based upon what former federal agent Rodney Stich learned about U.S. Customs, and what Carman and other U.S. Customs agents had discovered, what many other former government agents had told Stich, and a long history of tactics used by DOJ personnel, Fernandez did in fact witness the bribing of U.S. Customs agents. He was probably threatened with a fabricated criminal charge if he did not change his story and say that he was fabricating what he witnessed. Years later, the use of that same former Mexican police officer to frame a former U.S. Customs agent who was exposing too much of the corruption, was probably associated with a secret agreement to allow Fernandez to return to the United States.
Dangerous Status Imprisoned with Mexican Drug Traffickers
In one letter to Rodney Stich (June 12, 2007), Carman stated that he feared for his life. He was housed in a cell with a Mexican drug trafficker, that was next to a cell containing the brutal Mexican drug kingpin, Francisco Javier Arellano Felix, the leader of the Tijuana Drug Cartel, noted for their brutal assassinations. Carman wrote:
“I have been threatened and assaulted by MCC personnel and fear I will be set up for physical harm. I am housed next to Francisco Javier Arellano Felix and with some of his Mexican cartel followers. I am housed with drug addicts and Mexican illegals and mental patients who are smugglers.
Please help me and tell everyone and radio talkshow hosts to write letters and call the House Judiciary Committee (202) 225-3951.
What Carman didn’t know was that this same committee had repeatedly covered up for these and even far worse criminal activities that were described to them by former government agents, and had repeatedly covered up. An ordinary citizen would have been charged with criminal activities and sentenced to a long prison sentence if they heard of such criminal activities and did not report the crimes to a federal officer.