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Tag: Keith Bryars

The FBI Cheating Scandal Probe Began at the Washington Field Office With an “Anonymous Complaint”

FBI's Joseph Persichin Jr./ticklethewire.com photo

FBI's Joseph Persichin Jr./ticklethewire.com photo

By Allan Lengel
ticklethewire.com

WASHINGTON — A probe into the nationwide FBI test cheating scandal cited in an Inspector General report released Monday began at the Washington field office, just blocks from the Capitol.

The report, which cited widespread cheating on an open book exam nationwide, said the FBI Inspection Division in September 2009 received an anonymous complaint that three top managers at the Washington Field Office (WFO) cheated on the Domestic Investigations and Operations Guide (DIOG), which provides guidelines on surveilling Americans. The bureau allowed agents to refer to reference materials for the open book exam, but not to take it together or get the answers beforehand.

Keith Bryars/fbi photo

Keith Bryars/fbi photo

The report, while not naming names, said two special agents in charge at the Washington Field Office — Keith Bryars and Andrew Castor — had taken the open book exam together “while discussing the questions and possible answers with a legal advisor, who was present.”

It went on to say that the Assistant Director in Charge (ADIC) , Joseph Persichini Jr. was in the room, but did not take the test at the time.

“Instead, the ADIC wrote the answers and later used them to complete the exam another day.” Ticklethwire.com was the first to report on the scandal last November. Castor, Bryars and Persichini have all consistently declined to comment on the matter in the past.

The Inspector General report said one of the special agents in charge “argued, among other things, that he did not cheat because although he had asked the legal advisor to reference the sections in the DIOG for us to use to answer the question” he never asked the legal advisor ‘what the answer was to a particular question.'”

Andrew Castor/fbi photo

Andrew Castor/fbi photo

But the FBI Office of Professional Responsibility (OPR) wasn’t buying it, the report said, and concluded that he “violated basic test-taking protocols and constituted cheating.”

The OPR probe found that both SACs violated the FBI policy about making false or misleading statements by certifying in question 51 on the exam that they had not consulted with anyone on the test.  OPR issued a 20 day suspension without pay for both,  and a demotion to a non-supervisory pay grade of GS-13. But the punishment was stayed while they appeal.

Interesting, in the meantime,  both have landed “acting” deputy assistant director jobs — one at headquarters and one at Quantico, Va. Some in the rank and file at the bureau have perceived it as a promotion — a move they think sends the wrong message.

Read more »

More Scandal: Justice Dept. Investigating Whether 100s of FBI Agents Cheated on Open Book Test

fbi logo largeBy Allan Lengel
ticklethewire.com

WASHINGTON — There appears to be more scandal in the air relating to allegations of FBI agents cheating on an open book test.

The Associated Press is reporting that the Justice Department is investigating whether hundreds of FBI agents cheated on a test on the bureau’s policies about conducting surveillance and probes without evidence of a crime being committed. Specifically, the test is on the Domestic Investigations and Operation Guide.

The news comes after ticklethewire.com first reported in November that three top officials at the Washington field office had allegedly been caught cheating on the test.

The top official, Joseph Persichini Jr., headed the field office, retired last Christmas before a final resolution could be reached in the internal probe. Two of his special agents in charge, Keith Bryars and Andrew Castor, were removed and sent to headquarters pending an appeal of the findings of an internal probe.

The allegations at the time were that the  three high-ranking officials may have received help on the  exam from an FBI lawyer, and may have some how worked together, a clear violation of agency rules.

Agents say the open-book test can take up to four hours, and is supposed to be taken on their own on a computer. They can look up answers, but are not allowed to work together or rely on answers provided by others. All agents take the test including FBI Director Robert S. Mueller III.

The Associated Press reported that in some cases agents worked together. The news agency also reported that the FBI Agents Association president Konrad Motyka wrote in his letter that in Columbia, S.C., agents printed the test in advance to use as a study guide.

“There are similar stories for practically every office, demonstrating the pervasive confusion and miscommunication that existed,” Motyka wrote.

FBI Director Mueller, testifying Wednesday morning before the Senate Judiciary Committee, said he was aware of the investigation, but was not certain how many agents may have violated the bureau guidelines while taking the test.

The AP reported that Motyka urged the inspector general to focus on the FBI’s “systemic failure” to administer the test without rules.

He urged that agents not be punished “because of a failure to effectively communicate the rules,” he wrote.

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