Statement written
by Darlene Fitzgerald given at the National
Security Whistleblower Press Conference
sponsored by the Government Accountability
Project (GAP), the Project on Government
Oversight (POGO), and the Patrick Henry Center
for Whistleblowers. This testimony was also
presented by Senator Grassley, ® Iowa to a
Senate Committee.
In 1998 I was running a railroad smuggling
investigation. This investigation was being
managed under a large-scale, multi-agency
operation with the Union Pacific Railroad
Police, the Burlington Northern Railroad Police,
The San Bernardino Police Department and
Customs. This operation had received OCDTF
status from the U.S. Attorney’s Office, Los
Angeles, CA. OCDTF - is a fancy government
acronym for Organized Crime Drug Enforcement
Task Force. In this operation, we had very
high-level information that tons of narcotics
were entering the U.S. via pressurized rail
tanker cars. We learned that there was a large
rail yard in Guadalajara that was controlled by
the Arellano-Felix Cartel, and this yard was on
of the Cartel’s largest narcotics distribution
points. In this yard, hundreds of these cars are
loaded with narcotics each week destined for the
U.S.Our
information turned out to be very accurate. In
April 1998, we seized a pressurized tanker car
concealing 8 thousand lbs of marijuana and 34
Kilos of cocaine. Subsequent to making this
seizure, this large, successful rail operation
and the two criminal investigations under its
umbrella were immediately torpedoed by Customs
management. An attempted controlled delivery of
the seized narcotics was thwarted, my help was
pulled, and my partner Ruben Sandoval and I came
under immediate pressure, retaliation, and
intimidation tactics on an enormous scale when
we refused to shut down this operation and cease
to do our job.
Several weeks after our
first seizure, we identified 5 more suspected
tanker cars. These cars were manifested as
empty, and they were 5 to 9 tons overweight. I
set it up with the Union Pacific rail police to
have these cars pressure tested at no cost to
the government. Pressure testing is a necessary
tool to further profile whether these cars
should be bled out and checked. This profiling
is necessary do to the fact that it cost
approximately $8,000 to $14,000 a pop to
inspect these cars. To further clarify, these
are the long, metal, cylindrical shaped rail
cars that many often think as carrying oil.
These cars routinely carry a myriad of hazardous
materials, and can only be inspected at the very
few hazardous material inspection locations that
exist on the southern border that also has
scales that are necessary to weigh these cars.
This is what makes these cars very difficult and
dangerous to inspect, a fact that Narco-Traffickers
know all too well.
I had these 5 suspected
cars, again manifested as empty and 5 to 9 tons
overweight, ready to be pressure tested, and I
was told not to do my job. Several days later,
these cars were released into the commerce of
the U.S. uninspected in any way. These cars
should have never left that yard without at
least being pressure tested. Subsequent to this
incident, I was again pressured to shut down my
operation, and Customs managers torpedoed my
criminal investigations. The U.S. Attorneys
office had assigned a very good, very aggressive
prosecutor that was appalled as to what was
going on. I found myself caught between the U.S.
Attorneys Office and my agency.
I chose to continue
attempting to run the rail operation. When other
loyal Customs employees attempted to assist me
on this case, they came under the same
retaliation, threats, intimidation, and pressure
as Ruben and I. Our careers, reputations, and
personal lives were ruined.
What does this
have to do with National Security?
Consider this, the
number one consumer of narcotics worldwide is
the U.S.
The number one way that
terrorists fund their illegal activities is
through the distribution of narcotics.
Ask yourself this, what
happens to the price of any commodity when
there’s a chokehold on the supply for any
reason, and the demand isn’t being met? Right.
The price goes up and quality usually suffers.
Ask any street agent working dope today and they
will tell you the current price of cocaine,
marijuana, and heroin is lower than ever, and
the purity is better than ever. This clearly
indicates that the supply is easily meeting the
demand. This stuff is coming across our
imaginary borders by the ton, virtually
unaffected by the efforts of U.S. Customs.
What do you have when
you fill one of these tanker cars up with 10,000
lbs. of ammonia nitrate, 100 lbs. of C-4, a
shape charge, and place this container under
pressure? The world’s largest pipes bomb. One
can place 10 times the amount of explosives used
by Timothy McVeigh in the Oklahoma City Bombing
into just one of the rail tanker cars.
These tanker cars are
the perfect instruments for a terrorist attack
against the U.S. As our narcotics smuggling
investigation has revealed, anyone with cash and
phony identification can lease or sublease these
cars using a front company as the
importer/exporter of record. We were shocked as
to just how easy it was for the Narco-traffickers
to do this. Knowing the relationship that the
terrorists have with the Narco-smuggling
cartels, it is not a quantum leap to think that
terrorist could easily copy the same modus
operandi used by the Narco-traffickers. The
terrorist would simply lease/sublease a tanker
car and pay cash to set up an account with one
of the major railroads. The Railroads and
Customs brokers aren’t trained - AT ALL - to
look for any type of terrorist profile. This is
a customer service industry, pure and simple.
The railroad employees taking these orders for
accounts make minimum wage, and they are simply
“customer service reps.” The Customs brokers
aren’t much different. They are required to
check almost nothing, have no training in this
arena, and have no requirements to fully
identify any of their customers.
These rail customer
accounts may be set up via the Internet, or over
the phone. At no point does anyone in the
railroad industry or Customs brokers ever
require visual documentation to fully identify
who the account holder actually is.
Once a person has set
up an account the movement of these cars can be
directed REMOTELY via the Internet or telephone.
Then they can be moved anywhere in the country
with extreme ease. Then the terrorist can
remotely move them and if need be, abruptly
change the routing of these cars via a simple
phone call to their customer service rep or via
the Internet, from anywhere in the world. This
is truly a recipe for disaster. Terrorists can
simply remotely route a hundred of these
simultaneously to within a mile or two of a
hundred of our national landmarks. They don’t
even need a suicide bomber to activate them
remotely. Once this is done, the perpetrators
will be extremely difficult to trace.
When my brave
associates and I tried desperately to bring
attention to this, our careers were destroyed.
We were virtually shoved out on a limb, and
Customs managers laughed in our faces as the
limb was cut off. These tanker cars are a clear
and present danger to our national security, as
well as what happened to the Whistleblowers who
tried to stop it. The American public must
demand accountability, and demand that honest
cops trying to do their jobs should not be
treated in this fashion.
Darlene Fitzgerald
Former Special Agent
Author of "BorderGate"
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