OFFICIAL USE ONLY SENSITIVE Page 1 of 3 DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER (b) (2), (b) (7)(E) Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION PREPARED BY (b)(6), (b)(7)(C) 2. REPORT NUMBER 001 HB 4200-01 (37), Special Agent Handbook 3. TITLE (b)(6), (b)(7)(C) Non-criminal/PORT ANGELES, CLALLAM, WA 4. FINAL RESOLUTION 5. STATUS Initial Report 6. TYPE OF REPORT Allegation 1610 General Misconduct-Other 7. RELATED CASES 8. TOPIC (b)(6), (b)(7)(C) allegedly said if agents "feel threatened, they can beat that tonk like a pinata . . ." 9. SYNOPSIS On February 29, 2012, the Joint Intake Center (JIC), Washington, DC, received an e-mail from U.S. Customs and Border Protection (CBP) (b)(6), (b)(7)(C) (b)(6), (b)(7)(C) , in which he alleges misconduct on the part of (b)(6), (b)(7)(C) (b)(6), (b)(7)(C) , also of (b)(6), (b)(7)(C) . In his e-mail (b)(6), (b)(7)(C) alleges that during a (b)(6), (b)(7)(C) supervisors' meeting, (b)(6), (b)(7)(C) stated, "you tell all the guys that if they feel threatened, they can beat that tonk like a pinata until candy comes out." (b)(6), (b)(7)(C) 10. CASE OFFICER (Print Name & Title) - Joint Intake (b)(6), (b)(7)(C) 11. COMPLETION DATE 14. ORIGIN OFFICE 01-MAR-2012 Joint Intake Center 12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER (b)(6), (b)(7)(C) 01-MAR-2012 No Phone Number Specialist - Joint Intake Specialist THIS DOCUMENT S LOANED TO YOU FOR OFFICIAL USE ONLY AND REMA NS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY ANY FURTHER REQUEST FOR DISCLOSURE OF TH S DOCUMENT OR INFORMATION CONTA NED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMENT OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEM NATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR. OFFICIAL USE ONLY SENSITIVE OFFICIAL USE ONLY SENSITIVE DEPARTMENT OF HOMELAND SECURITY Page 2 of 3 1. CASE NUMBER (b) (2), (b) (7)(E) PREPARED BY (b)(6), (b)(7)(C) REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook 2. REPORT NUMBER 001 10. NARRATIVE DETAILS OF INVESTIGATION: On February 29, 2012, the Joint Intake Center (JIC), Washington, DC, received an e-mail from U.S. Customs and Border Protection (CBP) (b)(6), (b)(7)(C) , (b)(6), (b)(7)(C) , in which he alleges misconduct on the part of (b)(6), (b)(7)(C) (b)(6), (b)(7)(C) , also of (b)(6), (b)(7)(C) . In his e-mail (b)(6), (b)(7)(C) alleges that during a (b)(6), (b)(7)(C) , supervisors' meeting, (b)(6), (b)(7)(C) stated, "you tell all the guys that if they feel threatened, they can beat that tonk like a pinata until candy comes out." (b)(6), (b)(7)(C Following is the body of (b)(6), (b)(7)(C) e-mail to the JIC. No changes have been made to grammar, punctuation or spelling. Any changes in format are due to formatting limitations within the Joint Integrity Case Management System (JICMS). Today, while in a supervisor meeting at (b)(6), (b)(7)(C) , (b)(6), (b)(7)(C) was covering the issue of assaults on agents. (b)(6), (b)(7)(C) stated to all supervisory staff present, "you tell all the guys that if they feel threatened, they can beat that tonk like a piƱata until candy comes out." I, being a use of force instructor, told him that I didn't believe that that was within the use of force policy, and I cited the use of force continuum in an attempt to clarify the issue. I told him that there are indicators that can help determine if someone will become assaultive, like the thousand yard stare, but that in itself does not meet the criteria for aggressive assaultive behavior. He told me that it did and, within the confines of the supervisor meeting taking place, I relented to keep the meeting moving. I believe that his statement undermines the use of force policy and could lead our agents into possible litigation if it is his wish that we preach this philosophy to the agents. OFFICIAL USE ONLY SENSITIVE OFFICIAL USE ONLY SENSITIVE DEPARTMENT OF HOMELAND SECURITY Page 3 of 3 1. CASE NUMBER (b) (2), (b) (7)(E) PREPARED BY (b)(6), (b)(7)(C) REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook None OFFICIAL USE ONLY SENSITIVE 2. REPORT NUMBER 001