SPB Reinstates DOJ Special Agent in Charge
18 Year Veteran Resumes Position as Head of Foreign Prosecution Unit
In April 2004, DOJ demoted Duran as a result of the alleged misconduct of his subordinates during a dignitary protection detail in San Deigo. DOJ alleged Duran's subordinates engaged in activities that compromised the detail and that Duran should have known and taken action.
Duran was the senior agent participating in a dignitary protection detail for an Assistant Mexican Attorney General during a conference held at the University of California San Diego on May 16, 2003. After the conference, the detail continued with Duran meeting the dignitary at the W Hotel's Beach Lounge while other special agents provided protection.
Unbeknownst to Duran, one of the agents assigned to the detail went off-duty and ordered a mixed drink. The Detail Leader (another special agent) was aware that a translator from the conference had been invited to meet with the dignitary, but the Detail Leader failed to inform Duran. Another special agent misplaced the Advance Team car keys so the location for the dignitary's dinner could not be pre-scouted. Despite these mis-steps, the protection detail was successful and Duran received letters of commendation from the Office of the Mexican Attorney General.
Nonetheless, DOJ commenced a relentless administrative investigation and blamed Duran for the errors on the theory he was "captain of the ship". The hearing before the SPB administrative law judge lasted five (5) days. After the submission of closing briefs, the judge sided with Duran and issued a recommended decision reducing the penalty from a permanent demotion to a demotion for a single year.
The SPB initially rejected the recommended decision and elected to hear the case themselves. DOJ viewed this as a new opportunity to reinstate the permanent demotion and attacked Duran with renewed vigor. Exhaustive briefs were submitted to the Board and, at hearing before the SPB, Duran introduced twelve (12) "blow- ups" of exhibits of evidence and testimony to punctuate the strength of the case in favor of reducing discipline.
In the end the Board decided to adopt the original recommended decision of the administrative law judge. CAUSE is proud to have assisted this eighteen (18) year veteran of DOJ keep the position he worked so hard to achieve and congratulates him on his return to the position of Special Agent in Charge of the Foreign Prosecution Unit. CAUSE also thanks Adam Krolkowski for his efforts on Mr. Duran's behalf.
18 Year Veteran Resumes Position as Head of Foreign Prosecution Unit
Source: Kasey Christopher Clark, Chief Legal Counsel
Date: 5/2/2005
In April 2004, DOJ demoted Duran as a result of the alleged misconduct of his subordinates during a dignitary protection detail in San Deigo. DOJ alleged Duran's subordinates engaged in activities that compromised the detail and that Duran should have known and taken action.
Duran was the senior agent participating in a dignitary protection detail for an Assistant Mexican Attorney General during a conference held at the University of California San Diego on May 16, 2003. After the conference, the detail continued with Duran meeting the dignitary at the W Hotel's Beach Lounge while other special agents provided protection.
Unbeknownst to Duran, one of the agents assigned to the detail went off-duty and ordered a mixed drink. The Detail Leader (another special agent) was aware that a translator from the conference had been invited to meet with the dignitary, but the Detail Leader failed to inform Duran. Another special agent misplaced the Advance Team car keys so the location for the dignitary's dinner could not be pre-scouted. Despite these mis-steps, the protection detail was successful and Duran received letters of commendation from the Office of the Mexican Attorney General.
Nonetheless, DOJ commenced a relentless administrative investigation and blamed Duran for the errors on the theory he was "captain of the ship". The hearing before the SPB administrative law judge lasted five (5) days. After the submission of closing briefs, the judge sided with Duran and issued a recommended decision reducing the penalty from a permanent demotion to a demotion for a single year.
The SPB initially rejected the recommended decision and elected to hear the case themselves. DOJ viewed this as a new opportunity to reinstate the permanent demotion and attacked Duran with renewed vigor. Exhaustive briefs were submitted to the Board and, at hearing before the SPB, Duran introduced twelve (12) "blow- ups" of exhibits of evidence and testimony to punctuate the strength of the case in favor of reducing discipline.
In the end the Board decided to adopt the original recommended decision of the administrative law judge. CAUSE is proud to have assisted this eighteen (18) year veteran of DOJ keep the position he worked so hard to achieve and congratulates him on his return to the position of Special Agent in Charge of the Foreign Prosecution Unit. CAUSE also thanks Adam Krolkowski for his efforts on Mr. Duran's behalf.
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