WASHINGTON - While probing organized crime
in New England since the 1960s, the FBI used killers as informants,
shielded them from prosecution and knowingly sent innocent people to
jail, House investigators said Thursday in concluding a two-year
inquiry.
The bureau's conduct "must be considered one of the greatest
failures in the history of federal law enforcement," according to
the final report from the House Government Reform Committee.
"Federal law enforcement personnel tolerated and probably
encouraged false testimony in a state death penalty case just to
protect their criminal informants," said Rep. Dan Burton, who
started the investigation when he was committee chairman.
"False testimony sent four innocent men to jail. They were made
scapegoats in order to shield criminals," said Burton, R-Ind.
The FBI came under criticism for trying to stonewall
investigators. Lawmakers complained that the bureau delayed giving
them access to audio recordings and logs of conversations involving
New England crime boss Raymond Patriarca that provided vital
information on the 1965 murder of Edward "Teddy" Deegan.
"The Justice Department made it very difficult for this committee
to conduct timely and effective oversight," the report said. "The
FBI must improve management of its informant programs to ensure that
agents are not corrupted. The committee will examine the current
FBI's management, security, and discipline to prevent similar events
in the future."
Lawmakers are pressing for more House hearings on the FBI's
failure to cooperate.
"This is an unfinished project and I think the report
acknowledges that," said one committee member, Rep. John Tierney,
D-Mass.
"I would like to continue to investigate why the Justice
Department was so recalcitrant in getting us the information. We
should not tolerate that kind of behavior," he said.
The FBI said in a statement that it has taken "significant steps"
to improve the use of informants, who are vital to many
investigations.
A senior FBI official, speaking on condition of anonymity,
acknowledged that the bureau was not always as forthcoming as
committee members wanted. The official said some information was
withheld or delayed because it related to a court case involving FBI
Agent John Connolly Jr., who was convicted last year of protecting
his gangster informants.
The report concluded there is not enough evidence to find that
former Massachusetts Senate President William Bulger used his
political authority to punish those who investigated his brother,
mob boss James "Whitey" Bulger.
Whitey Bulger, a former FBI informant who worked with Connolly,
fled in 1995 and is on the FBI's "Ten Most Wanted" list. He is being
sought in connection with 21 murders.
The report said there were some inconsistencies in William
Bulger's testimony. His lawyer, Thomas Kiley, said the report
exonerates his client, who was given immunity to testify.
"For any thinking person, this should end it," said Kiley. "But
there is a cadre of Bulger bashers here who have spread these street
legends for years and I don't harbor any illusion they're going to
stop."
The report, while broadly condemning the FBI's practices, focuses
on the Deegan murder and law enforcement efforts to protect
informants, including Jimmy "The Bear" Flemmi and Stephen "The
Rifleman" Flemmi.
Four men were wrongly convicted of Deegan's murder - two died in
prison and two served more than 30 years in prison - all due to what
officials concluded was false testimony and the FBI's efforts to
protect informants.
Jimmy Flemmi died in prison while serving time for a different
murder. Stephen Flemmi recently pleaded guilty to racketeering
charges involving 10 murders. Former FBI agent H. Paul Rico, 78, was
arrested near Miami last month on murder charges. He has denied he
helped frame innocent men for the Deegan murder.
ON THE NET
House Government Reform Committee report: http://reform.house.gov/GovReform/News/DocumentSingle.aspx?DocumentID1885
