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OFFICE OF INSPECTOR GENERAL

SEMIANNUAL REPORT TO THE CONGRESS

OCTOBER 1, 1996 - MARCH 31, 1997

Activities of the Department of the Treasury's:

* Office of Inspector General

* IRS Inspection Service

* Customs Office of Internal Affairs

* ATF Office of Inspection

* Secret Service Office of Inspection

The Inspector General Act of 1978 (Public Law 95-452), as amended, sets forth specific requirements for Semiannual Reports to be made to the Secretary for transmittal to the Congress. Other statutory and administrative reporting and enforcement responsibilities and authorities are listed below:

AUDIT AND MANAGEMENT REVIEW RESPONSIBILITIES

Public Law (P.L.) 97-177 Prompt Payment Act

P.L. 97-255 Federal Managers' Financial Integrity Act

P.L. 100-504 Inspector General Act Amendments of 1988

P.L. 101-576 Chief Financial Officers Act of 1990

P.L. 103-62 Government Performance and Results Act of

1993

P.L. 103-356 Government Management Reform Act of 1994

P.L. 104-106 Information Technology Management Reform

Act of 1996

National Defense Authorization Act for

Fiscal Year 1996

P.L. 104-208 Federal Financial Management Improvement

Act of 1996

CRIMINAL AND CIVIL INVESTIGATIVE AUTHORITIES

Title 5 United States Code (U.S.C.), section

552a(i)

Title 18 U.S.C., sections on crime and criminal

procedures as they pertain to the Office

of Inspector General's oversight of

departmental programs and employee

misconduct

Title 31 U.S.C., section 3729 et seq., the Civil

False Claims Act, and 3801 et seq., the

Program Fraud Civil Remedies Act

Title 42 U.S.C., sections 1320a-7, 1320a-7a,

1320c-5, 1395l, 1395m, 1395u, 1395dd,

and 1396b

FOREWORD

In my tenure as the Treasury Inspector General, my office's focus has been to maximize the impact of our work by concentrating on what is most important to the Department. The strategic goals that support our mission include promoting economy, efficiency, and effectiveness; improving financial management; heightening integrity awareness and deterrence; and monitoring departmental information systems development. We have created a system for long and short-range planning that focuses particular attention on areas that reflect the Department's priorities.

In less than 3 years, we have built one of the strongest financial statement audit groups in the Inspector General community. The scope of our financial statement audit activity continues to expand in response to Government Management Reform Act requirements and departmental mandates. This is the first year that we will express an opinion on the Treasury's Department-wide financial statements. In all, we plan to issue 16 audit reports on Fiscal Year 1996 statements as compared to 12 reports on the Fiscal Year 1995 statements. Progress in the area of financial management has been demonstrated by improved levels of audit assurance, and we intend to build on this success. However, much remains to be done. Financial management will continue to be a major focus for us. (Pages 11 to 14.)

Treasury is one of only three agencies where the Inspector General has oversight responsibility for other internal audit and investigative functions within the Department. The 1988 Amendments to the Inspector General Act of 1978, which established my office, did not create a single audit and investigative entity for Treasury. Instead, we share that responsibility with and have oversight of internal investigations by the Offices of Internal Affairs and Inspection at the Bureau of Alcohol, Tobacco and Firearms, United States Customs Service, and United States Secret Service, and of internal audits and investigations by the Internal Revenue Service Inspection Service. Two examples of our oversight activities appear in this report. (Pages 35 and 36.)

In the past year we have strengthened our organizational independence. During my tenure, the Office of Inspector General has handled numerous issues requiring the exercise of independent legal advice. The General Counsel and I determined that a 1995 Memorandum of Understanding (MOU), meant to ensure the provision of such legal services, did not adequately reflect the appropriate relationship between my Counsel and the Office of the General Counsel (OGC). Accordingly, we rescinded the MOU. On February 4, 1997, the General Counsel and I formally recognized that the Counsel to the Inspector General is organizationally independent from OGC.

I believe that our process of establishing goals and strategies for the long term, setting and achieving annual targets, and reporting on our progress will enable us to manage our programs more efficiently and effectively and provide coverage to significant Treasury programs and operations.


Valerie Lau

Inspector General

Department of the Treasury

April 30, 1997

Acronyms

ACS Automated Collection System IGATI Inspectors General Auditor Training

AD-CV Antidumping and Countervailing Institute

ADP Automated Data Processing IPAs Independent Public Accountants

AID Agency for International IRA Individual Retirement Arrangement

Development IS Information Systems

AIMS Audit Inventory Management ISDN Integrated Services Digital Network

System IT Information Technology

AUO Administratively Uncontrollable LBCIP Land Border Carrier Initiative

Overtime Program

BAAs Business Area Analyses MACS Midwest Automated Compliance

CFO Chief Financial Officers System

CID Criminal Investigation Division MOU Memorandum of Understanding

DCAA Defense Contract Audit Agency NPR National Performance Review

DIS Distributed Input System ODC Other Direct Cost

DTS Digital Telecommunications System OGC Office of the General Counsel

EFDS Electronic Fraud Detection System OI Office of Investigations

EFTPS Electronic Federal Tax Payment OIG Office of Inspector General

System OMB Office of Management and EOAF Executive Office for Asset Budget

Forfeiture OTA Office of Technical

ERCS Examination Returns Control Assistance

System PCA Prompt Corrective Action

FAB Funds Accounting Branch PCIE President's Council on

FBI Federal Bureau of Investigation Integrity and Efficiency

FFSAM Federal Financial Statement Audit P.L. Public Law

Manual RACS Revenue Accounting Control FMD Financial Management Division System

FMFIA Federal Managers' Financial SCRIPS Service Center Recognition

Integrity Act Image Processing System

GAO General Accounting Office SOT Special Occupational Tax

GMRA Government Management Reform SSNs Social Security Numbers

Act TCMP Taxpayer Compliance

GPRA Government Performance and Measurement Program

Results Act TILA Truth In Lending Act

ICS Integrated Collection System TIN Tax Identification Number

IDRS Integrated Data Retrieval System TSM Tax Systems Modernization

UR Underreporter

U.S.C. United States Code

TABLE OF CONTENTS

Page

FOREWORD i

OVERVIEW 1

INTRODUCTION 5

Treasury Functions and Organization 6

Management and Financial Leadership 7

CHAPTER I: FINANCIAL MANAGEMENT

Financial Audits 11

CHAPTER II: ECONOMY, EFFICIENCY, AND EFFECTIVENESS

Performance Reviews 15

Management Assessments 24

Information Technology Oversight 29

Contract Oversight 31

CHAPTER III: INVESTIGATIVE ACTIVITIES

Integrity Awareness and Deterrence 35

Criminal Investigations 36

Employee Conduct 48

STATISTICAL SUMMARIES 51

APPENDIX A: REPORT LISTING OCTOBER 1, 1996 THROUGH

MARCH 31, 1997 71

APPENDIX B: CROSS REFERENCES TO INSPECTOR GENERAL ACT 79

Department of the Treasury

Bureaus Employees

Bureau of Alcohol, Tobacco and Firearms (ATF) 4,000

Office of the Comptroller of the Currency (OCC) 3,000

U.S. Customs Service (Customs) 19,400

Departmental Offices (DO) 1,800

Bureau of Engraving and Printing (BEP) 2,700

Federal Law Enforcement Training Center (FLETC) 500

Financial Management Service (FMS) 2,200

Internal Revenue Service (IRS) 119,500

U.S. Mint (Mint) 2,100

Bureau of the Public Debt (BPD) 1,700

U.S. Secret Service (Secret Service) 4,700

Office of Thrift Supervision (OTS) 1,300

Total 162,900

OVERVIEW

The Office of Inspector General (OIG) issued 67 reports during the reporting period with recommendations that funds be put to better use and questioned costs totaling $30.6 million. The IRS Inspection Service issued 49 reports. Monetary benefits relating to investigations conducted by the OIG and Offices of Internal Affairs and Inspection exceeded $6.0 million. The following summaries represent major issues and concerns for the first half of Fiscal Year 1997.

ACCESS TO INFORMATION

* The Inspector General Act requires Inspectors General to report those circumstances that, in the judgment of the Inspector General, constitute an unreasonable refusal of requested information or assistance. In the last Congress, the Chairman of the Senate Governmental Affairs Committee asked the OIG to respond to ten specific questions, which generally pertained to Treasury policies and practices regarding background investigation files and the production of the list used to request those files. Subsequently, Secret Service provided testimony regarding the process by which the White House access list is maintained and updated. The Ranking Minority Member of the House Committee on Government Reform and Oversight made a separate request for an investigation into the preparation of testimony provided by Secret Service officials before that Committee. Since the inception of the OIG's investigatory efforts, Secret Service has imposed certain limiting conditions regarding OIG access to necessary information within Secret Service. As a result, the OIG has been unable to conduct an investigation and respond to the questions posed. In support of its position, Secret Service provided a memorandum detailing its concerns from an operational and legal perspective. The OIG views Secret Service's expression of these concerns as a deflection of the OIG's clearly enunciated and narrowly focused goal of providing responses to the questions posed by the requestors. Accordingly, the OIG believes that Secret Service's position constitutes an unreasonable denial of access, and has attempted unsuccessfully to resolve this matter directly with Secret Service and through the management chain of command. Given these circumstances, the OIG has determined that it is unable to conduct a credible and independent investigation and accordingly the investigation is closed. (See pages 69 and 70.)

FINANCIAL MANAGEMENT

* Financial statement audit activity continues to increase in response to Government Management Reform Act requirements and departmental mandates. Audits have been completed at seven entities, and another nine are in progress. The OIG plans to issue 16 financial statement audit reports on Fiscal Year 1996 statements, including an audit report on Treasury's Department-wide financial statements.

* Customs received an unqualified opinion on its Fiscal Year 1996 statement of financial position and the related statement of operations.

* The OIG is continuing to leverage resources by contracting with public accounting firms and by working closely with the General Accounting Office at IRS, BPD, and FMS, bureaus which are significant to Government-wide as well as to Treasury financial reporting.

* The Fiscal Year 1996 Department-wide audited financial statements will be included in Treasury's Fiscal Year 1996 Accountability Report. The audit currently is in progress, and the OIG's audit report is expected to be issued shortly. (See pages 11 to 14.)

TAX SYSTEMS MODERNIZATION

* The IRS Inspection Service still considers Tax Systems Modernization (TSM) a Federal Managers' Financial Integrity Act material weakness and categorizes TSM control weaknesses as "Program Management," "Infrastructure," and "Financial Management."

* IRS is in the process of making critical decisions regarding TSM projects. To support these projects and to comply with Office of Management and Budget requirements, IRS management plans to consolidate its current mainframe processing environment. Current and anticipated funding constraints have necessitated a reevaluation of consolidation alternatives, and a high level review of the consolidation strategy is underway.

* Concerns have persisted over whether IRS has the appropriate skills and resources to develop future TSM systems while maintaining legacy systems that must satisfy its near-term needs. IRS internal auditors found that IRS has not established priorities for all TSM projects. To eliminate the use of resources on lower yield, high-risk efforts and allow IRS to focus higher skilled employees on critical TSM and legacy projects, IRS' Chief Information Officer will determine which projects to contract out and the IRS Investment Review Board will prioritize all Information Systems work based on Congressional spending levels. (See pages 29 to 31.)

DIGITAL TELECOMMUNICATIONS SYSTEM

* The Digital Telecommunications System (DTS) offers an Integrated Services Digital Network (ISDN) telecommunications system that serves the Washington Metropolitan Area and is the nation's largest private ISDN installation. An OIG audit revealed that weak controls over DTS lines and equipment are contributing to unnecessary expenditures by the Department and its bureaus. Corrective action could save the Department in excess of $3.9 million over the remaining life of the contract. (See pages 17 and 18.)

ADMINISTRATIVELY UNCONTROLLABLE OVERTIME

* In accordance with provisions of the Omnibus Consolidated Appropriations Act of 1997, the OIG audited the use of administratively uncontrollable overtime (AUO) within Treasury. Insufficient documentation supporting the AUO hours worked, recurring patterns of AUO usage, and internal control weaknesses that collectively increase the risk of AUO abuse revealed the need for tighter controls and increased documentation to support AUO payments. In accordance with the legislative mandate, the OIG reported the audit results to the Senate Governmental Affairs Committee, House Government Reform and Oversight Committee, and Office of Personnel Management. (See pages 18 and 19.)

IRS INTERNAL SECURITY ALLEGATIONS

* At the request of the former Under Secretary for Enforcement, the OIG Office of Oversight initiated a review of allegations of possible unethical, unprofessional, and discriminatory practices by management officials in the IRS Mid-Atlantic Region Office of Internal Security. The review disclosed that there was merit to certain allegations, some of which have been addressed by the Merit Systems Protection Board. (See pages 35 and 36.)

MONTANA FREEMEN ASSOCIATES CONVICTED

* Two individuals associated with the Montana Freemen, an anti-Government group, were found guilty of numerous Federal violations, including conspiracy, attempting to interfere with IRS laws, and transporting stolen property. The two defendants face maximum sentences of 104 years in prison and $4.25 million in fines, and 31 years in prison and $1.5 million in fines respectively. Evidence presented at the trial was the culmination of separate investigations conducted by the Federal Bureau of Investigation, IRS' Criminal Investigation Division, the Secret Service, the United States Postal Inspection Service, and the Department of Agriculture OIG. (See page 42.)

INTRODUCTION

Under the provisions of the Inspector General Act of 1978, as amended, Treasury's OIG reports to the Congress semiannually on its activities. This report, which covers the first half of Fiscal Year 1997, describes major issues and concerns identified during reviews, audits, evaluations, and investigations, along with recommendations for corrective action. Because the report describes selected significant reviews and investigations, the conditions should not be considered as representative of overall conditions in the Department of the Treasury and its bureaus.

Treasury's OIG consists of the following components:

* The Audit Directorate,

* The Investigations Directorate,

* The Office of Evaluations,

* The Office of Information Technology, and

* The Resources Directorate.

In accordance with the Government Performance and Results Act (GPRA), the OIG is engaging in a strategic planning process with the goals of achieving the greatest impact from available resources and ensuring mission accomplishment and customer satisfaction. The OIG's mission is to conduct independent audits, investigations, and reviews to help the Department accomplish its mission; improve the Department's programs and operations; promote economy, efficiency, and effectiveness; and prevent and detect fraud and abuse. As it has increased its involvement in performance budgeting, the OIG has reengineered its products, streamlined its organization, and explored new ways in which it can contribute to positive change in the Department and strengthen the Department's position as a leader in Federal financial management.

In addition to Treasury OIG operations, the report covers the activities of the Offices of Internal Affairs and Inspection at ATF, Customs, IRS, and Secret Service. The Inspector General is responsible for oversight of internal investigations by the Offices of Internal Affairs and Inspection at ATF, Customs, and Secret Service and of the IRS Inspection Service's internal audits and investigations.

The ATF Office of Inspection plans, directs, and coordinates ATF's inspection and internal affairs activities. Those activities include: office and program inspections, which appraise the effectiveness of ATF operations, assess the quality of management and supervision, and determine adherence to organizational policies, regulations, and procedures; shooting reviews; and investigations into allegations of employee misconduct (both administrative and criminal), fraudulent Office of Worker's Compensation Program claims, and bribery, and investigations of tort claims and other critical or sensitive incidents. All findings are reported to the Director of ATF and his Executive Staff. In addition, the Office of Inspection executes ATF's personnel security program.

As part of its shared responsibility with management to secure the right of every Customs employee to work in an environment that is free from corruption, misconduct, or mismanagement, the Customs Office of Internal Affairs investigates allegations of misconduct; reports investigative results in a professional and timely manner; screens potential Customs employees for character and suitability; educates Customs employees regarding ethical standards and integrity responsibilities; evaluates physical security threats to Customs employees, facilities, and sensitive information; and inspects Customs operations and processes for managerial effectiveness and improvement.

Guided by a commitment to uphold the policies of Secret Service and to ensure quality assurance, the Office of Inspection's responsibilities include internal special investigations, policy compliance reviews, ethics assessments, reviews of operational programs, and validation of career development and training programs. As a unique, non-parochial operational unit, which is responsible for critical and impartial reviews, the Office of Inspection provides objective and unbiased feedback and oversight that validates both the Secret Service strategic and customer service plans.

The IRS Inspection Service provides independent and professional services to promote the effective administration of the nation's tax laws; detect and deter fraud and abuse in IRS programs and operations; and protect IRS against external attempts to corrupt or threaten its employees. The organization, which includes Internal Audit and Internal Security functions, is headed by the Chief Inspector, who reports directly to the IRS Commissioner and is overseen by Treasury's Inspector General. This arrangement ensures that audit and investigative results are reported independently to the IRS Commissioner and the Secretary of the Treasury.

TREASURY FUNCTIONS AND ORGANIZATION

Treasury is organized into 12 bureaus and offices. Treasury's mission is to formulate and recommend economic, fiscal, and tax policies; serve as the financial agent of the United States Government; enforce the law; protect the President and other officials; and manufacture coins and currency.

The OIG and Offices of Internal Affairs and Inspection assist in performing Treasury's many roles, which include such diverse functions as striking commemorative medals, enforcing national firearms and explosives laws, and investigating financial institution fraud. Today, over 162,000 full-time Federal employees work for the Department of the Treasury throughout the world. Treasury, as one of the oldest Federal agencies, performs some of the most fundamental governmental activities, including collecting and borrowing the money to run our Government.

MANAGEMENT AND FINANCIAL LEADERSHIP

President's Council on Integrity and Efficiency Audit Committee

Treasury's Inspector General has chaired the Audit Committee of the President's Council on Integrity and Efficiency (PCIE) since March 1995. The Audit Committee provides recommendations for improving audit quality, leadership in coordinating interagency and PCIE-wide audits, methods for enhancing the professionalism of PCIE member organizations, and perspectives on emerging issues in Government financial management. In addition, the Audit Committee provides valuable information to the Inspector General community on significant auditing and accounting issues.

During the 6 months ending March 31, 1997, the Audit Committee:

* Continued the task of revising two important professional guides used by the Inspector General community. In association with the Federal Audit Executive Council, the Audit Committee has been updating the PCIE External Quality Control Review Guide, which is used to assure the quality and professionalism of audit functions. The revised Guide will incorporate recent changes to the _Government Auditing Standards_ and improve the quality and completeness of future reviews. Expected to be issued in final form later this Spring, the Guide will be used for all future peer reviews, beginning with the current cycle.

The Audit Committee's Task Group is continuing its revision of the PCIE Federal Financial Statement Audit Manual (FFSAM). As mentioned in the previous Semiannual Report, changes to Government financial management practices mandated by legislation such as the Chief Financial Officers (CFO) Act and the Government Management Reform Act (GMRA) prompted the Audit Committee to review the FFSAM's relevancy. The PCIE is working with the General Accounting Office (GAO) and the private sector auditing and accounting community to assure that the FFSAM addresses the many new issues emerging in Government financial management. The Task Group has developed an interim document for PCIE auditors that reflects the changes already identified. Arranged by subject area, including Auditing Standards and Guidance, Accounting Standards and Guidance, and Significant Laws, the interim document contains a list of new and proposed guidelines related to the changes, the date each was passed, and their effective dates.

* Requested Treasury OIG financial management auditors to perform a compilation of financial statements for the Inspectors General Auditor Training Institute (IGATI) for Fiscal Years 1993, 1994, and 1995. The statements and notes were prepared on the accrual basis from IGATI's books and records, which are maintained by the DO's Financial Management Division (FMD). Because the auditors did not audit or review IGATI's financial statements, they did not express an opinion or any other form of assurance on the statements. A few instances, where records could not be located by FMD or were insufficiently detailed to support IGATI's cash receipts or disbursements transactions, were noted. However, the auditors were able to obtain the necessary supporting documentation from IGATI.

* Requested that the General Services Administration OIG issue a PCIE report entitled, "Combined Report on the Federal Civilian Agencies' Aircraft Management Programs." The report summarized the results of OIG audits at ten agencies that own, operate, and maintain aircraft. The participating OIGs reviewed their own agency's aircraft management program and issued separate audit reports, which disclosed shortcomings in aircraft program safety, operations, and administration. Several recommendations addressed the need to correct specific safety issues, improve management and administrative information systems, and enhance operational efficiencies by selling excess aircraft and entering into sharing agreements. Agency officials are taking steps to address many of the shortcomings.

Customs Land Border Crossing

Accompanied by the Western Region Inspectors General for Audit and Investigations, the Inspector General toured the San Ysidro passenger land border and the Otay Mesa commercial cargo facility in January 1997. Both sites are located in San Diego, California. San Ysidro is the world's busiest land border crossing. In 1996, 36.5 million passenger vehicles and 8.7 million pedestrians passed through San Ysidro, while nearly 4 million trucks and other vehicles entered Otay Mesa. These numbers demonstrate the tremendous challenge Customs faces in protecting the Southern California border, particularly with regard to drug smuggling.

Customs officials briefed the Inspector General on their various drug interdiction activities. The Inspector General also observed Customs inspectors examining cargo at Otay Mesa. One of Customs' newest applications of technology is a $3.2 million truck X-ray system. Resembling a stall of a drive-through car wash, the system takes X-ray pictures of the entire truck. Seizures resulting from use of the system have included marijuana hidden in vehicles' gas tanks and rooftops.

Customs inspectors now examine cargo at Otay Mesa with the assistance of a truck X-ray system, which produces X-ray pictures of the entire vehicle.

OIG Independent Legal Counsel

Independent legal counsel is an extremely important matter that affects the fundamental independence of Inspectors General. Legal issues have become an increasingly significant part of carrying out the mission of Inspectors General to combat fraud, waste, and abuse. Historically, the Treasury OIG did not have independent legal counsel. Rather, under a MOU, the Department's OGC and the Inspector General established procedures for the provision of legal services to the OIG.

The MOU included provisions which recognized that the Counsel to the Inspector General should, in some circumstances, be free to provide legal advice independently of the General Counsel and/or to sever communications with OGC about a particular subject. Nevertheless, under the MOU, the Counsel to the Inspector General Counsel reported organizationally to the General Counsel.

The Inspector General and the General Counsel rescinded the MOU effective February 4, 1997, and the Counsel to the Inspector General is no longer a member of OGC. The rescission agreement arranged for a Departmental organizational scheme and supporting documentation which provide that the Counsel to the Inspector General is an OIG employee who reports directly to, and is supervised by, the Inspector General.

FINANCIAL MANAGEMENT

The CFO Act and GMRA, which are intended to strengthen Federal financial management, require audited financial statements. The CFO Act requires audited financial statements for revolving funds, trust funds, and significant commercial activities. The GMRA extends these requirements to encompass all accounts and activities of the agencies covered by the CFO Act. Annual audited Treasury-wide financial statements must be prepared for Fiscal Year 1996 and subsequent years.

The process of preparing and auditing financial statements has resulted in the identification of areas for improvement in management controls and business processes. Using this information, Department and bureau managers can more effectively fulfill their responsibilities, as well as provide an audited annual reporting of their financial operations and positions.

FINANCIAL AUDITS

The OIG's goal is to implement the CFO Act's and GMRA's financial statements audit requirements by working with the Department and its bureaus to address major financial management and internal control problems that inhibit the production of timely, reliable, and auditable information. The OIG is continuing to leverage resources by contracting with public accounting firms and by working closely with GAO at IRS, BPD, and FMS, key Treasury bureaus that are significant to Government-wide as well as to Treasury financial reporting. In addition, reimbursable agreements with certain bureaus have been concluded, which provide the necessary funding to meet the Department's audit requirements. These added resources are necessary for the OIG to timely complete the Department's Fiscal Year 1997 financial statement audits.

Department-wide Financial Statements

The Fiscal Year 1996 Department-wide audited financial statements will be included in Treasury's Fiscal Year 1996 Accountability Report, along with other information that meets the reporting requirements of the CFO Act, GMRA, the Federal Managers' Financial Integrity Act (FMFIA), GPRA, the Prompt Payment Act, and other legislation. The statements reflect the Department's five major business lines: manufacturing, banking/thrift oversight, central fiscal services, tax/trade compliance and law enforcement, and headquarters/general services.

Fiscal Year 1996 is the first year for which audited Department-wide financial statements are required under GMRA. This audit currently is in progress, and the OIG's overall audit report will be issued shortly. A number of component audits, most notably Customs, have already been completed and are discussed below. (OIG)

Financial Statement Audits

The OIG plans to issue 16 financial statement audit reports for

Fiscal Year 1996, including an audit report on Treasury's Department-wide financial statements. Six Fiscal Year 1996 financial statement audits are completed, and ten are in progress. Personnel from the OIG audited the financial statements of Customs and the Mint's custodial gold and silver reserves. Audits are in progress at ATF, Secret Service, and the Exchange Stabilization Fund. Contracted Independent Public Accountants (IPAs) completed audits of BEP, OCC, OTS, and the FMS Trust Funds. The IPAs are completing six audits, including those of the Mint, the Federal Financing Bank, BPD Administrative Accounts, the Treasury Forfeiture Fund, and FMS Salaries and Expenses.

* The OIG audited Customs' financial statements for the third consecutive fiscal year. The audit resulted in an unqualified opinion on Customs' Statement of Financial Position as of September 30, 1996, the same result as for 1995. An unqualified opinion also resulted from the audit of the Statement of Operations and Changes in Net Position for Fiscal Year 1996. The OIG disclaimed an opinion on Customs' Statement of Operations and Changes in Net Position for Fiscal Year 1995.

Customs' progress in addressing previously reported internal control deficiencies enabled the rendering of an unqualified opinion on its Fiscal Year 1996 financial statements. Furthermore, because of additional supporting documentation provided by Customs and additional procedures performed by the auditors, the OIG was able to remove its qualification on Customs' Statement of Financial Position as of September 30, 1995.

These noteworthy audit results demonstrate Customs' ongoing commitment to sound financial management and reporting. Nevertheless, Customs faces critical challenges. The nature of Customs' continuing material weaknesses requires extensive, sustained improvements to underlying systems and processes. While achieving an unqualified opinion is an important accomplishment, the broader objective is to produce reliable financial information throughout the year, which can be used in management decisions. Until long-term improvements are realized, Customs must continue to dedicate resources to compensate for existing control weaknesses in order to obtain the current level of audit assurance.

The OIG's report on Customs' Fiscal Year 1996 and 1995 financial statements cites three repeat material weaknesses in Customs' internal control structure: the need for (1) drawback controls to be strengthened; (2) controls over bills of lading and in-bond shipments to be strengthened; and (3) core financial systems to be improved and integrated. Drawback is a refund of duties and taxes which were paid on imported goods that are subsequently exported or destroyed. In-bond shipments refer to goods that are authorized by law to move within the United States prior to release or export without being appraised or classified to assess duties, taxes, and fees.

The OIG cited one reportable instance of noncompliance with laws and

regulations. Customs had not re-authorized use of its application systems or its general support system in accordance with Office of Management and Budget (OMB) Circular No. A-130, "Management of Federal Information Resources." Re-authorization provides assurance that a system contains properly functioning security safeguards and operates under appropriate controls and procedures. The OIG also identified six other reportable conditions in Customs' internal control structure: the need for (1) additional compliance measurement programs; (2) improved security over computer systems; (3) improved disaster recovery capabilities for Customs' computer facility; (4) adherence to systems development standards; (5) improved accountability controls over covert operations; and (6) the performance of essential payroll reconciliations.

* An OIG audit of the Mint's Statements of Custodial Gold and Silver Reserves as of September 30, 1996 and 1995 resulted in an unqualified opinion. There were no reportable conditions involving the internal control structure and no instances of noncompliance with laws and regulations.

* An IPA rendered an unqualified opinion on BEP's Fiscal Year 1996 financial statements. No material weaknesses were reported. However, the IPA's report on internal controls identified two reportable conditions. Errors in certain account balances were not detected because account reconciliations were not properly prepared and/or adequately reviewed. The IPA also noted errors in the implementation of reconciliation and counting procedures during Fiscal Year 1996 physical inventories.

* Fourteen of fifteen Fiscal Year 1996 financial statements for custodial functions performed by FMS for Government trust funds were completed by an IPA during the reporting period. The FMS Funds Accounting Branch (FAB) provides accounting, investment, and financial reporting services to the trust funds.

The IPA rendered unqualified opinions on these statements. The financial activity reported in the statements is limited to the functions performed by FAB as custodian of the trust fund moneys and investments. The FAB records trust fund related receipts, disbursements, and transfers based on information submitted by IRS, other Treasury bureaus, and additional Federal and state agencies. Therefore, these financial statements do not represent a complete accounting of all assets, liabilities, sources, and uses of the trust funds.

No instances of noncompliance and no material weaknesses were identified. The IPA cited three reportable conditions on internal controls. The FAB lacked adequate controls to timely identify errors in interest accruals and premium or discount amortization, and to ensure that funds are timely and accurately invested; and needed to improve controls over transfers from the trust funds.

* The OCC received an unqualified opinion on its financial statements for the year ended December 31, 1996. Reports on the internal controls and compliance with laws and regulations disclosed no material weaknesses or instances of noncompliance.

* An IPA rendered an unqualified opinion on OTS' financial statements for the year ended December 31, 1996. While the report on compliance with laws and regulations contained no instances of noncompliance, the report on the internal control structure mentioned one reportable condition, which was not considered a material weakness. Certain users of the payroll/personnel system had data entry capability for both functions, which eliminated controls associated with the separation of duties. (OIG)

ECONOMY, EFFICIENCY, AND EFFECTIVENESS

The Inspector General Act of 1978 established OIGs to promote the efficiency, economy, and effectiveness of Federal programs and operations. At Treasury, the Act has resulted in a program of audits and evaluations that focuses on internal controls, management assessment, and program compliance and performance. This work enables the OIG and the Offices of Internal Affairs and Inspection at ATF, Customs, IRS, and Secret Service to provide independent, objective assessments of programs and performance which help to improve the Department's operations and ensure that programs achieve desired results.

The OIG has refocused much of its audit and evaluations work to address National Performance Review (NPR) proposals for reorienting the Inspectors General. The NPR's report stated, "In a government focused on results, the Inspectors General can play a key role not only in controlling managers' behavior by monitoring it, but in helping to improve it. In the future, [Inspectors General] should help managers evaluate their management control systems...[and] help improve systems to prevent waste, fraud and abuse, and ensure efficient, effective service."

As the Department addresses critical changes affecting its bureaus and programs, the OIG believes that its work is helping by providing independent, objective information and recommendations for program improvements. The OIG has sought to provide products that its customers, departmental managers, and the Congress will find useful and relevant. One of the OIG's objectives is to help decision makers find solutions to the problems they face in new or modified programs and with rapidly changing technology that affects all areas of business and finance.

PERFORMANCE REVIEWS

Treasury Security Auctions

An OIG audit found that Treasury and BPD officials have taken measures to ensure that the securities auction process generally operates without incident or problems. Despite these actions, BPD cannot be assured that the controls in place are adequate to prevent improper bids. As a result of an August 1991 incident, in which a primary securities dealer admitted to submitting unauthorized bids in several auctions and obtaining excessive holdings in specific securities, BPD established additional controls in 1993. However, the OIG believes that the controls rely too greatly on voluntary compliance for their effectiveness. The information that bidders submit to ensure proper bidding generally is not verified by the agencies, raising questions about how effective the controls have been in preventing improper bids.

Most critical is BPD's lack of assurance regarding a bidder's "net long" position. Several components, including a bidder's holdings or position in the security prior to the auction, are used to calculate net long. Net long reporting is used to ensure that, upon completion of an auction, no bidder will have acquired more than 35 percent of the amount awarded to the public. If a bidder understates or does not reports its net long position, it could acquire more than 35 percent of the public offering amount, contrary to Treasury's Uniform Offering Circular.

The OIG recommended additional controls to ensure proper bids, including performing limited verifications and continuing to educate bidders on auction rules. In addition, the OIG recommended that BPD take actions to ensure that spot checks performed by the Federal Reserve Banks are effective, and that BPD analyze bidder error data to better target training. The Department is taking appropriate action to improve the auction process. (Report #OIG-97-004)

Joint Operations Expenses

An OIG audit found that Treasury bureaus did not deduct payments for joint operations expenses in Fiscal Years 1995 and 1996 before determining the amount of awards under the Department's asset forfeiture sharing program. Through this program, assets seized during an investigation or the proceeds from the sale of seized assets are deposited into a forfeiture fund administered by the Executive Office for Asset Forfeiture (EOAF). State, county, and local law enforcement agencies that have participated in an investigation may receive an equitable share of those assets or proceeds. However, prior to awarding these funds, Treasury bureaus are required to deduct any reimbursement made to the law enforcement agencies for joint operations expenses.

The OIG found that bureaus, including Customs, which provided the largest joint operations payments during the 2-year period, have not tracked the awards to ensure that deductions are made prior to equitable sharing. In addition, officials from several of Treasury's law enforcement bureaus indicated that they were unaware of the deduction requirement. Law enforcement agencies also did not use common case numbers that would help link joint operations payments with requests for equitable sharing awards.

The OIG recommended that EOAF monitor bureaus' efforts to ensure that adequate deductions are made, and that EOAF require the use of investigative case numbers on requests for joint operations reimbursement. Although EOAF's Director agreed with the findings, she disagreed with the OIG's recommendations. As noted above, the Department's bureaus are required to capture joint operations reimbursements to arrive at net proceeds. Because the bureaus' have operational responsibility for the equitable sharing program, EOAF believes that the bureaus themselves must comply with the Department's guidelines on this issue. The OIG continues to think that oversight of joint operations funds is a shared responsibility. Therefore, in accordance with Treasury audit resolution procedures, the OIG will attempt to resolve the differences with EOAF in the 6 months following the report's issuance. (Report #OIG-97-021)

FMS Refund Processing

The OIG conducted an audit of FMS' processing of claims and reclamations initiated by payees whose checks were lost or stolen. The audit disclosed that FMS had not promptly identified and posted $276 million in collected funds, which remained in the Unidentified Collections account and resulted in the issuing agencies not having use of all of the reclaimed money. Currently, FMS is developing procedures to improve its processing of check claims and reclamations

The auditors identified opportunities for FMS to reduce the potential for fraud, such as taxpayers receiving duplicate checks, and to improve its timeliness in providing replacement checks to taxpayers. In addition, the auditors recommended that FMS establish procedures for documenting check claim and reclamation processing histories. The FMS is enhancing its automated system, which tracks the collection of moneys due the Government, and is correcting other programming errors identified by the OIG.

The FMS did not concur with the OIG's recommendation to discontinue providing claimants with copies of the original checks' endorsement when requesting a handwriting sample. In FMS' opinion, such a change would result in far too many claims to process, a substantial number of Congressional inquiries, and delaying the claimants' receipt of replacement checks. As a result, FMS does not intend to alter its current practice or to require payees to submit a claim of non-receipt in writing. In the OIG's opinion, discontinuing the provision of endorsement copies would prevent fraud and protect the Government's financial interests. The OIG will attempt to resolve this issue in accordance with Treasury audit resolution procedures. (Report #OIG-97-025)

Special Occupational Tax

An OIG audit found that Treasury annually loses millions of dollars in Special Occupational Tax (SOT) revenue as a result of retail alcoholic beverage dealers who do not pay the SOT. The OIG estimates that alcoholic beverage retailers did not pay over $64 million of SOT during tax years 1993 through 1995. The ATF, the Treasury bureau that is responsible for collecting the tax and ensuring that all SOT revenues due to the Department are paid, is hampered by its limited regulatory authority over alcoholic beverage retailers.

Because it is difficult for ATF to acquire accurate information on what alcoholic beverage retailers are in business and should be paying the tax, Treasury has lost, and is continuing to lose, millions of dollars in SOT revenues. The OIG made recommendations to improve SOT collectability and provide assurance that retailers who are subject to the tax are identified and held accountable for payment. (Report #OIG-97-016)

Digital Telecommunications System

OIG auditors, with the assistance of the IRS Chief Inspector's Office, conducted a Department-wide review of DTS. The DTS offers an ISDN telecommunications system that serves the Washington Metropolitan Area and is the nation's largest private ISDN installation.

The audit revealed that weak controls over DTS lines and equipment are contributing to unnecessary expenditures by the Department and its bureaus. In the three bureaus reviewed, BEP, FMS, and IRS, between 14 and 25 percent of the DTS inventory could not be accounted for, equating to a cost of over $1.5 million. In addition, an estimated 3 to 14 percent of the telephone lines and sets were not being utilized, resulting in unnecessary expenses of over $339,000. Corrective action could save the Department in excess of $3.9 million over the remaining life of the contract.

The Department paid over $136,000 annually to reserve telephone numbers that were not needed, and an analysis of the computerized inventory system revealed that the Department had more lines and telephone feature packages than actual telephone sets. A lack of procedural guidance on DTS services, such as on-site technician visits, resulted in the bureaus' inability to confirm whether DTS services for which they were charged were actually performed. Similarly, management controls over the entire computerized inventory system and the DTS billing system needed to be strengthened. Management took corrective action to improve the DTS program and planned additional measures to further strengthen controls. (Report #OIG-97-045)

OCC's Evaluation of Bank Management

An OIG audit determined that OCC routinely followed up on previously identified weaknesses and concerns in the management of banks. However, examiners did not always follow established core procedures when evaluating management or develop sufficient examination working papers to reflect the depth and scope of their work. In addition, field managers did not always review examiners' working papers to ensure that all management aspects had been evaluated and that an independent reviewer had concurred with the conclusions reached. Failure to properly evaluate and document all management aspects could result in OCC having inaccurate information about the quality of a bank's management and could prevent OCC from taking timely action to correct a weakness before it has an adverse effect on the bank's safety and soundness.

To strengthen the evaluation of a bank's management, the auditors recommended that examiners and field managers adhere to established core procedures; all components reviewed be fully documented and reviewed by the supervisor; and adequate documentation be provided to support the rating assigned to the bank's management. To address the OIG's recommendations, OCC implemented a new examiner training program which focuses on the aspects that should be considered in determining a rating for bank management and how to document and communicate those aspects. The OCC also implemented a new quality assurance program which should provide assurance that examiners properly evaluate, document, and reach appropriate conclusions on banks' management. (Report #OIG-97-023)

Administratively Uncontrollable Overtime

In accordance with provisions of the Omnibus Consolidated Appropriations Act of 1997 (P.L. 104-208), the OIG audited the use of AUO within Treasury. The ATF, Customs, and Secret Service use AUO to compensate employees who are required to work frequent and substantial amounts of irregular overtime hours to effectively perform their duties.

The auditors found insufficient documentation supporting the AUO hours worked; recurring patterns of AUO usage, which raised questions as to whether the overtime met the criteria of being irregular and uncontrollable; and internal control weaknesses that collectively increase the risk of AUO abuse, such as the failure to perform periodic rate determinations and required annual reviews of positions.

In Fiscal Year 1996, the Department's bureaus paid approximately $7.3 million in AUO to 579 employees. The OIG reviewed third quarter AUO payments of approximately $667,000 for 205 of the 579 AUO recipients, and could not conclusively determine whether any of the amount met AUO payment criteria. In separate reports to the bureaus, the OIG recommended tighter controls and increased documentation to support AUO payments.

The bureaus generally concurred with the OIG's recommendations and have agreed to measures that should reduce the potential for AUO abuse. In accordance with the legislative mandate, the OIG reported the audit results to the Senate Governmental Affairs Committee, House Government Reform and Oversight Committee, and Office of Personnel Management. (Reports #OIG-97-038, #OIG-97-041, and #OIG-97-042)

Customs' Land Border Carrier Initiative Program

Customs established the Line Release Program in November 1986 to expedite import processing of repetitive high-volume/low-risk merchandise shipments. Since the program's inception, concerns have been raised that Line Release shipments are highly vulnerable to illegal drug smuggling. To address this potential problem, Customs implemented the Land Border Carrier Initiative Program (LBCIP) at southern United States border ports on July 1, 1996.

The LBCIP's objective is to discourage smugglers from using commercial conveyances and line release cargoes to transport contraband into the United States. This is accomplished by forging partnerships with trucking companies and encouraging those companies to enhance their recognition and reporting of smuggling activities. Participating carriers are certified to transport line release cargo into the United States based on background checks of the companies, employees, and vehicles; security reviews of carrier facilities; and the training of carrier employees in contraband detection. Only approved LBCIP carriers are allowed to participate in the Line Release Program.

The OIG performed a limited review of the LBCIP at two southern land ports. The review disclosed some concerns, including the fact that commercial carrier trailers were not always included in LBCIP coverage, even though experience has shown that drug seizures frequently occur in trailers. In addition, Customs had approved carriers for the LBCIP based on successful background checks, but before facility security reviews or employee drug interdiction training were conducted. (Report #OIG-CA-97-001)

OTS' Implementation of Prompt Corrective Action

Congress passed the Federal Deposit Insurance Corporation Improvement Act of 1991 to resolve the regulation and supervision of Federally insured depository institutions at the least possible long-term loss to the deposit insurance fund. Section 131 of the Act, Prompt Corrective Action (PCA), fortifies the regulatory role of adequate capitalization and requires regulators to take increasingly stringent action to correct problems at an institution as its capital level falls. The OIG reviewed OTS' implementation of PCA.

The OIG concluded that PCA has been largely untested as an enforcement tool due to the thrift industry's marked improvement since PCA's enactment. Record industry profits and rising capital levels have been accompanied by a steady decline in the number of undercapitalized and failing thrifts. While the OIG found that OTS effectively identified thrifts subject to PCA, OTS had not always met certain administrative processing milestones. The OTS exceeded the 60 day time frame to approve or disapprove capital plans for 29 of 43 capital plans (or 67 percent). On average, OTS exceeded the 60 day time frame by 30 days. As a result, the enforcement process for some thrifts was prolonged rather than expedited.

The OIG also found inconsistencies in PCA implementation among the three OTS regional offices covered by the audit, and that OTS had not used all of the enforcement provisions available under PCA. For example, PCA allows OTS to impose certain operating restrictions when thrifts are adequately capitalized, but engage in unsafe or unsound practices. The OTS usually employed traditional enforcement tools rather than PCA in those instances.

The OIG made three recommendations, one of which OTS immediately addressed as part of its response to the draft report by initiating corrective action to better ensure that processing time frames are met. As required by Treasury Directive 40-01, OTS responded directly to the Under Secretary for Domestic Finance on the two remaining recommendations, which involved the practice of deferring the issuance of PCA directives to avoid deterring potential investors from infusing capital into undercapitalized thrifts and the issuance of clearer guidance on applying unused PCA provisions. The OTS subsequently implemented corrective action for both recommendations. (Report #OIG-97-057)

Revenue Protection Strategies

The IRS continues to improve systems for detecting return filing fraud in advance of issuing tax refunds. During the first 6 months of Fiscal Year 1997, IRS internal auditors continued to assess revenue protection activities by issuing four audit reports, one of which is summarized below.

* The fuel tax program is part of IRS' Revenue Protection Strategy. Procedures for identifying fuel tax cases to be screened by the Examination Division were changed during the 1996 processing season, and the cases now are computer identified rather than manually selected. If returns are not correctly identified, a significant number of erroneous claims and fraudulent refunds could result. Between January and September 1996, Office of Refund Fraud reports indicated that over 48,000 returns were screened nationwide, with close to 13,000 containing fuel tax credits that were disallowed.

Internal auditors performed a review to determine if controls were in place to prevent erroneous claims for fuel tax credits on individual income tax returns. The auditors found that computer programs designed to identify individual returns claiming fuel tax credits on Form 4136 were not functioning because computer programming necessary to identify questionable cases had not been completed. After being informed of the problem, the Office of the Assistant Commissioner for Submission Processing and the Office of Refund Fraud quickly provided the missing programs.

The auditors also identified improvements to further automate the process of identifying individual returns with questionable credit claims. Sixty-eight percent of a sample of taxpayers who claimed erroneous fuel tax credits for 1995 returns made similar claims on their 1994 returns. As a result, the auditors recommended that 1994 returns also be examined when questionable tax year 1995 credits are identified. In addition, the auditors determined that IRS should reacquaint return preparers with the tax code provisions related to credit claims for diesel fuel used by farmers. Over 23,000 farmers incorrectly claimed diesel fuel tax credits totaling over $4.5 million, even though tax regulations specifically prohibit these claims. Eighty-three percent of the tax year 1995 returns on which farmers claimed the diesel fuel credit were completed by paid return preparers.

IRS management agreed with the recommendations and proposed corrective action. The Examination Division will be required to check prior year returns for fuel tax credits when closing current year cases with adjustments, and more explicit instructions regarding farmers and diesel fuel credits will be added to relevant IRS forms and publications. (IRS Report #070804)

IRS Examination Division Internal Controls

Internal auditors determined that the IRS Examination Division's selection, control, and disposition of cases must be improved in order to deter fraud, protect taxpayers' privacy rights, maximize revenue, and prevent the waste of resources. Without effective internal controls, an unscrupulous Examination Division employee could have the opportunity to sell taxpayer information, harass a taxpayer, conduct unauthorized examinations, or intentionally lose tax returns without detection.

During Fiscal Year 1995, the Examination Division closed approximately 2 million cases nationally. Examination relies heavily on the Integrated Data Retrieval System (IDRS), the Examination Returns Control System (ERCS), and the Audit Inventory Management System (AIMS) to process cases. Due to the risks that are inherent in these systems, IRS must ensure that security and processing controls are in place to minimize vulnerabilities.

The auditors identified control weaknesses in ERCS and IDRS security, and in procedures covering unlocatable returns. The ERCS, which does not have an effective audit trail system and cannot effectively limit user capabilities, does not meet general Government security guidelines and has not been scheduled for security certification. In addition, Examination does not effectively limit the IDRS capabilities of examiners and group managers, of whom nationwide, 894 could order tax returns and establish, update, or close AIMS records. Examination also does not accumulate data on the number of or the circumstances surrounding unlocatable returns. During Fiscal Year 1995, approximately 17,000 cases were closed as errors or unlocatable returns. Management agreed with the recommendations, which included improving ERCS' security design, limiting IDRS capabilities, and conducting a trend analysis to determine the causes of unlocatable returns, and has initiated corrective action. (IRS Report #070106)

IRS Underreporter Program Productivity

An Underreporter (UR) case is created when computer analysis detects a discrepancy between an individual's tax return and payer information, including wages, dividends, and interest. The UR cases are subsequently placed in inventory categories and worked based on projected productivity. An effective means of generating tax revenue, the UR Program contacted approximately 2.7 million taxpayers and generated $1.68 billion in gross assessments at a cost of $69.5 million for Tax Year 1991. However, program resources have been scaled back due to budget and staffing reductions. For Tax Year 1994, which was mainly worked during Fiscal Year 1996, only 1.4 million cases were placed into inventory, a 67 percent decline from Tax Year 1991.

In accordance with the IRS Strategic Business Plan, IRS internal auditors collaborated with UR Program management to identify ways to increase productivity and voluntary compliance, and to more effectively address underreporting. The auditors recommended that UR Program management use actual costs rather than a standard national cost figure to calculate productivity, and select inventory using productivity rankings calculated through the Gross Assessment Method. Refund overpayments would continue to be worked at a level proportionate to UR Program resources. Management agreed with the audit recommendations. (IRS Report #071404)

IRS Examination Division Planning

IRS' Business Master Plan contains three broad objectives, to increase voluntary compliance, reduce taxpayer burden, and increase productivity and customer satisfaction. Effectively and efficiently identifying the best returns for examination is one element in accomplishing these goals. IRS internal auditors evaluated the processes used to allocate resources and deliver inventories for attaining the Business Master Plan's compliance goals.

The auditors reviewed the Examination Division's planning process to determine whether the Division adequately utilizes current, accurate, and complete data. They found that the planning process has basically remained the same year after year while yields have fallen. Although the national examination planning process is well designed, reliance on historical data that does not represent current filing patterns reduces the Examination Division's effectiveness. Actual cost information has not been updated since Fiscal Year 1992, and the most recent Taxpayer Compliance Measurement Program (TCMP) data were developed from 1988 returns.

IRS has developed new systems to identify productive cases and market segment issues, including the Midwest Automated Compliance System (MACS). However, because there is no systematic way to analyze which cases were selected using MACS, its overall effectiveness cannot be determined. An analysis of MACS indicators would assist in future planning assumptions by determining the source of the most productive returns, issues, or market segments selected for examination.

The Examination Division contracted with Price Waterhouse to assess IRS' compliance data needs and to identify appropriate cost-effective alternatives to the TCMP. The Assistant Commissioners for Examination and Compliance Research will revise IRS' average cost data after Price Waterhouse completes its study. In addition, a MACS indicator will be incorporated into the nationwide Information Gathering Project database. (IRS Report #072002)

IRS Service Center Recognition Image Processing System

In 1995, IRS utilized the Service Center Recognition Image Processing System (SCRIPS) for the first time to process Tax Year 1994 paper information documents. An integral part of IRS' TSM plans, SCRIPS cost approximately $100 million to implement. IRS experienced difficulties with SCRIPS, which resulted in the incorporation of additional manual checks and programming changes to enhance the accuracy of information captured from scanned paper information returns.

IRS control systems allowed SCRIPS data problems to continue throughout the 1995 processing year undetected. IRS Internal Audit and Department of Commerce inquiries ultimately resulted in the errors' detection and subsequent corrective actions. Although processing errors for Tax Year 1995 information documents decreased from the previous year, they continued to be a problem. The dollar amounts and volumes involved suggest that processing errors continue to be significant and warrant management attention.

The SCRIPS errors were greater than management's original projections because the testing methodology used to determine the number of documents with mistakes was flawed. In addition, the auditors concluded that a majority of the SCRIPS errors occurred prior to management's test period. Finally, SCRIPS scanning difficulties exist because of the design of one form, which requires excessive operator intervention and results in erroneous information postings to the Information Returns Master File.

The auditors recommended that IRS reports be reviewed to determine whether large variances exist in the volume and dollar amounts of information documents between processing years, and that the above mentioned form be redesigned to increase scanning accuracy. Management agreed with the recommendations and proposed corrective actions. (IRS Report #071304)

Secret Service Customer Service Activities

Secret Service has a tradition of providing high quality customer service in all that it does to fulfill its two main missions, criminal investigations and protection. With the enactment of Executive Order 12862, "Setting Customer Standards," Secret Service has developed a formal plan to document and implement goals and strategies to provide the very best customer service to all recipients of its services (i.e., to provide "value for money" to American taxpayers).

The Office of Inspection continues to formulate support strategies to enhance the Secret Service Customer Service Plan, which includes developing inspection protocols to measure customer satisfaction both internally and externally. Customer service is an integral part of Secret Service's overall strategic plan and the Office of Inspection will continue to play a key role in keeping customer service a priority.

To accomplish this, the Office of Inspection continues to re-evaluate its processes to ensure that they are meaningful. Recently, the Inspection Checklist, which is used as a guide in conducting inspections, was revised to reflect organizational changes. Additions to the Checklist include questions about the implementation of Secret Service strategic initiatives and partnerships with other organizations.

The format of the final Inspection Report also has been updated to improve meaningfulness for the reader. Key information is now presented in an executive summary and answers to routine questions have been made more concise to allow for in-depth responses when warranted. Finally, the Inspection Report preparation process has been altered to provide inspectors with greater control over the final document and additional time to conduct quality liaison visits with Headquarters and outside entities.

Pursuant to a 1987 MOU, Secret Service provides polygraph support to OIG criminal investigations upon written request from the Inspector General. Secret Service polygraph examiners conduct the polygraphs at field locations throughout the United States. In addition to assisting the OIG with several cases, including a theft from the Mint, Secret Service has conducted polygraphs for ATF and the OIGs of the Department of Justice, the Federal Reserve Bank, and the Peace Corps. (Secret Service Inspection)

MANAGEMENT ASSESSMENTS

Whistleblower Protection Notification

The OIG conducted a study of the Department of the Treasury's progress in implementing the notification provision of the Whistleblower Protection Act of 1994. Specifically, the OIG assessed whether the Department had issued guidance to all employees regarding whistleblower protection rights. The OIG found that while the Department had not yet issued a policy statement or guidance, several bureaus, including Customs and IRS, had independently distributed information to some employees.

The OIG recommended that the Department, in consultation with the Office of Special Counsel, develop guidance on whistleblower protections for dissemination to all Treasury personnel. In addition, each bureau should ensure that all employees have access to policies and procedures on how they can exercise whistleblower protection rights. Possible options for making such information easily accessible on a continuing basis include hard-copy distribution on a regular, recurring basis; posting the information on a Home Page site or electronic bulletin board; and adding the information to ethics and standards of conduct material and training. (Report #OIG-96-E11)

Office of Technical Assistance

At the request of the Assistant Secretary for International Affairs, the OIG reviewed the operation of the Office of Technical Assistance (OTA) to determine the impact of recent changes in the Agency for International Development's (AID) budget, planning, and oversight processes on OTA's ability to carry out its responsibilities in providing technical assistance activities. The OIG also examined the State Department's, AID's, and Treasury's perceptions regarding Treasury technical assistance advisors' performance in Government debt issuance and management; financial institution policy and regulation; tax policy and administration; and budget policy, formulation, and execution.

State Department, AID, and Treasury officials have a positive perception of the technical assistance program. In addition, the OIG identified a number of factors that increase the complexity of Treasury's administration of technical assistance activities, including: (1) the need for the designation of an overall coordination point; (2) continued funding once the Support for East European Democracy and Freedom Support Acts expire, and expansion of technical assistance activities into new areas of the world; and (3) a Government-wide requirement for an overall long-range strategic plan.

The OIG suggested the following: (1) OTA develop a systematic approach to collecting and maintaining comments, requests for additional assistance, and other information for use in evaluating its performance and supporting the results of its technical assistance activities; (2) Treasury define the roles of OTA's Director and Deputy Director, and fill the Director position; (3) OTA explore potential sources for continued funding; and (4) OTA consider developing an overall strategic plan based on its functional responsibilities. Such a plan could support emerging international needs and assist OTA in identifying and supporting its potential future funding requirements and mission. (Report #OIG-96-E07)

Truth In Lending Act

The OIG conducted a review of the Truth in Lending Act (TILA) compliance examination process at OCC to assess the process and provide suggestions for improving its efficiency and effectiveness. The review also included an assessment of how OCC officials utilize TILA results data.

The TILA was enacted on May 29, 1968 as Title I of the Consumer Credit Protection Act. Implemented by Regulation Z, TILA became effective June 1, 1969. The TILA's main purpose is to provide a meaningful disclosure of credit terms so that consumers can make informed comparisons among various credit offerings. In addition, TILA is designed to protect consumers against inaccurate and unfair credit billing and credit card practices.

The review determined that OCC could enhance the TILA examination process by increasing efforts in certain areas. The OIG suggested that OCC accelerate efforts to address the lack of summary TILA data, enhance its commitment to automation improvements, implement a systematic approach to monitoring exam information, and increase its efforts to coordinate with other banking regulatory agencies to ensure consistency in compliance supervision. (Report #OIG-96-E10)

Treasury Franchise Fund

At the request of the Director of the Treasury Franchise Fund, the OIG provided technical assistance to initiate implementation of the Fund's program. The assistance involved researching, collecting, and analyzing procedural data critical to ensuring the integrity of the Fund. The OIG provided guidance to the Department for use in managing the Fund. Some of the suggestions involved preparing materials for groups interested in applying for the franchise fund; establishing an application process; and formalizing both the criteria for selection/inclusion in the program and the process used for selection.

The GMRA authorizes agencies to use the franchise approach for certain common administrative support services, such as personnel, travel processing, procurement, information technology, facilities management, and accounting, on a pilot and reimbursable basis both internally and to other Federal agencies. In order to be financially self-sustaining, franchises must meet customer needs by providing quality services and give customers the opportunity to choose sources that best meet their needs. (OIG)

ATF Inspections

During the 6-month period ending March 31, 1997, the ATF Office of Inspection conducted 6 inspections. The inspections, which involved the review of 51 separate field office locations, included areas such as personnel, training, office security, internal controls, and a qualitative and quantitative analysis of investigations and inspections. In addition, all employees were interviewed regarding morale, supervision, and work-related problems.

Deficiencies and/or variances identified during the inspections were discussed with affected managers at the closing conferences and documented in the final inspection reports, which were disseminated to all affected ATF managers. Inspection team leaders briefed the Director of ATF after each inspection. (ATF Inspection)

Customs Inspections

The Customs Office of Internal Affairs conducts various types of reviews, including comprehensive inspections, spot checks, assessments, and financial audits of undercover operations. The reviews gauge the effectiveness and efficiency of the offices involved and verify the implementation of strategic plans and compliance with policy and established operating procedures. During the 6-month period ending March 31, 1997, the Customs Office of Internal Affairs conducted five comprehensive inspections, including one Special Agent in Charge office and four port locations.

Office of Internal Affairs inspections are conducted by a multidisciplinary team of Internal Affairs staff and field managers from peer organizations, who also are known as field inspectors. Typically senior level personnel, the field inspectors participate in a training week prior to the inspection, during which the team reviews the results of research and analysis conducted on the location to be inspected. Based on the review, specific areas are targeted for on-site inspection. Having field inspectors, who possess current operational knowledge, review functions in which they have expertise enhances the credibility of the inspections. In addition, the field inspectors have an opportunity to observe a variety of management styles and operational procedures. This process has been mutually enriching and has broadened the perspective of those associated with it. A program of interim spot check inspections was initiated as a complement to the comprehensive inspections. (Customs Internal Affairs)

Secret Service Inspections

Established on July 1, 1950, the Secret Service Office of Inspection is charged with reviewing policies, procedures, and their implementation in the Secret Service. The Office of Inspection's programs include organizational analysis and cover areas such as personnel, office security, communications, training, management, and supervision. In addition, every employee is afforded a confidential interview to assess the quality of management and supervision within Secret Service. During the 6-month period ending March 31, 1997, the Office of Inspection conducted 35 inspections of field offices, resident offices, and resident agencies, including follow-up visits,

re-inspections, and unannounced audits.

All of the field offices, divisions, and resident offices that were inspected were in compliance with Secret Service policies and procedures, with the exception of minor discrepancies that were brought to the attention of the agents in charge and corrected during the course of the inspections. Offices that previously had received recommendations were re-inspected and found to be in compliance. In addition, the unannounced audits did not reveal any misuse of Government funds or unauthorized transactions. (Secret Service Inspection)

IRS Background Investigation Program for Automated Data Processing Contractors

IRS is increasing its use of outside contractors. By the conclusion of Fiscal Year 1997, contractors will have assumed 68 percent of IRS' TSM-related work. Many Automated Data Processing (ADP) contractors have access to IRS facilities and systems containing taxpayer data. As a result, contractor background investigations are an important part of automated information system security and help to protect IRS property and personnel.

An evaluation of the effectiveness of IRS' background investigation program for ADP contractors revealed that 60 percent of the contractors did not have background investigations or other acceptable clearances as required by Treasury and information resource management guidelines. Thirty-two percent of the contractors identified from IRS National Office procurement files and 75 percent of the contractors identified from IRS service center files had no record of a background investigation or other clearance.

In addition, 55 percent of the IRS service center contractors without record of a background investigation or other clearance had computer room access.

An ineffective contractor background investigation program makes IRS vulnerable to potential misuse or unauthorized disclosure of taxpayer data, loss of equipment or data through theft or sabotage, and threats to the personal safety of IRS employees. In recent years, background investigations have revealed problematic information on numerous contractors, including arrests for theft, fraud, and possession of a concealed weapon. At least 12 contractors were removed from or prevented from working on contracts based on their background investigation results.

The auditors recommended that Information Systems (IS) coordinate a multi-functional effort to establish IRS policy, criteria, and procedures to clarify the types of contractors that need background investigations and provide for varying levels of background investigations depending on the sensitivity of the contractors' duties and the potential magnitude for loss or harm. IRS management also needs to establish criteria for making decisions based on problematic information identified during background investigations. Management agreed with the recommendations and proposed corrective actions, including forming a task force of functional representatives involved in the background investigation program to develop guidelines addressing the auditors' recommendations. (IRS Report #070605)

IRS DB2 Database Management System

A review of IRS' DB2 Database Management System, which supports the Automated Collection System (ACS) and the Integrated Collection System (ICS), identified weaknesses in DB2 security and overall management activity. The ACS and ICS are computerized tax collection systems that assist Customer Service and Collection Division employees with automated contact and follow-up of delinquent taxpayers. Both systems manage and process critical collection data through DB2.

IRS internal auditors found that access to delinquent taxpayer data and application programs is not properly restricted, which could result in IRS personnel accessing taxpayer data for fraudulent purposes. In addition, the DB2 audit trail does not record material security-related events and is not reviewed on a regular basis. As a result, IRS cannot ensure that inappropriate activities are prevented, or detect and investigate unauthorized access or alterations. The administration and maintenance of DB2 also are inadequate, increasing the risk that DB2 will not perform as intended.

The auditors recommended that IRS management determine the DB2 privileges required by systems support personnel; require periodic reviews of DB2 privileges; assign responsibility for DB2 data security administration; identify material security-related activities which can be captured in the audit trail; and determine the retention period for audit trail records. Guidelines detailing responsibilities for the day-to-day administration of DB2 should be developed, and IRS service center directors should include DB2 as a critical application in the service centers' disaster recovery plans. Management agreed with the auditors' findings and plans to implement the recommendations. (IRS Report #071703)

INFORMATION TECHNOLOGY OVERSIGHT

Department-wide Information Technology Risk Assessment

The OIG's Office of Information Technology performed a Department-wide Information Technology (IT) Risk Assessment. The purpose of the assessment was to measure the state of "strategic information technology and investment planning practices" throughout the Department and to provide a risk based IT audit plan for the OIG. As part of the risk assessment, each Treasury bureau was surveyed, representatives of each bureau's Chief Information Officer were interviewed, and other ongoing IT investment review activities by OMB, GAO, and the Department were examined.

The survey specifically addressed investment management practices as outlined in the recent Clinger-Cohen Act, including project management practices, technology architecture, systems development, and information resources management organizational issues like reporting relationships and skill levels. In addition, the survey requested specific information about each bureau's significant development initiatives for risk factors such as technical complexity, cost estimates, interdependencies with other projects, and Year 2000 consequences. The information obtained from the survey and the results of the OIG's assessment will assist the Department in identifying and prioritizing high risk bureaus, initiatives, and management practices and in highlighting "best practices" within Treasury. (OIG)

Tax Systems Modernization

The TSM is the centerpiece of IRS efforts to reengineer business processes, information systems, and organizational culture. Since 1988, IRS has invested between $3 and $4 billion to create an environment where taxpayer accounts are updated rapidly and taxpayer information is readily available to IRS employees in order to respond to taxpayer inquiries. The IRS Inspection Service and others have provided extensive audit coverage of the costs and difficulties associated with modernizing IRS information systems. The Inspection Service still considers TSM an FMFIA material weakness and categorizes TSM control weaknesses as "Program Management," "Infrastructure," and "Financial Management."

Since Fiscal Year 1991, the Inspection Service has issued 89 reports relating to TSM initiatives, including three in the first half of Fiscal Year 1997. Each of these reports has been made available to the Department for its use in facilitating oversight. In addition, IRS internal auditors have another nine TSM reviews in various stages of completion. All reports issued in the 6 months ending March 31, 1997 are summarized below.

* IRS is in the process of making critical decisions regarding TSM projects. To support these projects and to comply with OMB requirements, IRS management plans to consolidate its current mainframe processing environment. Internal auditors conducted a review to determine whether the consolidation strategy was adequately planned, was cost-effective, and addressed available alternatives.

The auditors determined that, in order to ensure an efficient and cost beneficial transition to a consolidated environment, IRS management should reevaluate computing site configurations, hardware acquisitions, and operational issues. For example, three computing sites may not be necessary based on current technology and disaster recovery needs. IRS' Tennessee Computing Center, which was designed for large-scale computer operations, would be underutilized given the small size of available mainframe systems. In addition, planned configurations may result in underutilized processing capacities until TSM software products are ready for production.

The auditors recommended that staffing assumptions be reevaluated to ensure that experienced IS personnel are strategically placed to achieve a smooth, effective consolidation. Recent announcements of staff reductions and the potential retirement of a significant number of IS employees may affect IRS' ability to facilitate and operate consolidated processing at three sites. The auditors also recommended that management re-examine cost and site constraints identified in a 1995 management study, which indicated that existing equipment could be consolidated. This option could provide IRS with the opportunity to purchase better and/or cheaper equipment in the future.

Management agreed with the recommendations and indicated that current and anticipated funding constraints have necessitated a reevaluation of consolidation alternatives. A high level review of the consolidation strategy is underway. (IRS Report #070905)

* IRS currently is preparing the Electronic Federal Tax Payment System (EFTPS), which will serve as the Government's electronic tax payment processing system, for immediate limited implementation. System testing has taken longer than planned and IRS must make significant changes and conduct additional tests to ensure that an optimum system is implemented. Legislation recently was passed that extended the date on which over 1.2 million taxpayers must begin using EFTPS from January 1 to July 1, 1997.

Internal auditors reviewed both EFTPS, to determine whether it was effectively secured, controlled, and tested, and selected business areas impacted by EFTPS. Conducting the audit in an on-line environment, the auditors immediately raised significant issues to management's attention. The auditors determined that IRS is at serious risk unless it continues to ensure that EFTPS has adequate processing capacity and an effective business resumption plan. Although EFTPS' basic functionality was proven to process payments as expected, internal processing rates continue to be unacceptably slow. In addition, incomplete and incorrect taxpayer payment data are resulting in rejected and unpostable payments, and the correction of data input errors is complicated.

Management agreed with the auditors' findings and has taken corrective action. Additional actions are planned for implementation. (IRS Report #071207)

* Concerns have persisted over whether IRS has the appropriate skills and resources to develop future TSM systems while maintaining legacy systems that must satisfy its near-term needs. In IRS' Fiscal Year 1996 appropriation, approximately $100 million of the nearly $700 million designated for TSM was subject to a requirement that IRS report to the Congress on its progress in implementing GAO audit recommendations regarding its software development process.

A review of whether developers at IRS field development centers and the Detroit Computing Center were being utilized effectively concluded that IRS has not established priorities for all TSM projects. As a result, programming resources are sometimes assigned to low priority and low return projects. In addition, training efforts are inconsistent, developers consider the functional requirements for projects under development to be inadequate, and IRS has not taken significant actions to address prior recommendations made by oversight organizations, including GAO and the IRS Inspection Service.

The auditors made a number of recommendations that would eliminate the use of resources on lower yield, high-risk efforts and allow IRS to focus higher skilled employees on critical TSM and legacy projects. Management's planned corrective actions include having IRS' Chief Information Officer determine which projects will be contracted out and having IRS' Investment Review Board prioritize all IS work based on Congressional spending levels. (IRS Report #070201)

CONTRACT OVERSIGHT

$2.5 Million in Contract Costs Questioned

All Treasury bureau requests for preaward, cost incurred, and other contract audits are referred to the OIG. The OIG either performs the audits, refers the audits to the Defense Contract Audit Agency (DCAA) and other cognizant Government audit agencies, or contracts with an IPA.

As shown above, the OIG performed or contracted for a total of 37 contract audits which questioned $2.5 million in Treasury contractor costs. Contracting officers agreed to savings and disallowed costs of $1.3 million, including amounts which were questioned prior to September 30, 1996. An additional $8.7 million in potential monetary benefits, including amounts which were questioned prior to September 30, 1996, are awaiting completion of negotiations with contractors.

Preaward audits, which provide information on whether pricing proposals are fair and reasonable, are used by contracting officers in negotiating contracts. During a prior period, DCAA auditors questioned $1,369,490 of costs included in a $46,962,516 proposal submitted to IRS, including $374,445 of unsupported costs. The auditors also identified $28,537,028 of unresolved costs, which represent subcontract maintenance costs that were reviewed by IRS. After negotiations, IRS contracting officials sustained the entire amount of questioned and unsupported costs. The DCAA performed an audit of the proposal for SCRIPS maintenance.

The audit disclosed questioned direct labor, other direct cost (ODC), procurement purchases, subcontract labor, actual cost, and indirect expense rates. The questioned costs were primarily due to differences between the contractor's proposed direct and indirect rates which were based on the contractor's forward pricing rates, and the actual rates that were contained in the contractor's accounting records. In addition, questioned actual costs included indirect costs that resulted from base direct labor costs questioned. Unsupported costs consisted entirely of ODCs, specifically, of administrative support labor costs for which the contractor could not provide sufficient information to enable the auditor to reach a definitive conclusion. (Report #OIG-96-085)

During the period, DCAA conducted a preaward audit of a proposal submitted to IRS, questioning $577,385 of the total $2,719,779 proposed. The questioned costs' disposition is pending future contract negotiations. The DCAA performed an audit of the proposal for financial support services.

The audit disclosed that the majority of questioned costs related to direct labor and indirect rates. The contractor's proposed direct rates were based on using key personnel to work on the contract. In fact, DCAA auditors found that the contractor used new hires in two of the labor categories for which key personnel were proposed. The difference between the proposed and actual rates paid for both categories is 27 percent. The DCAA applied the 27 percent decrement factor to all labor category rates and questioned the difference between the proposed and decrement rates. The OIG calculated the questioned costs by applying the questioned direct labor rates to the proposed labor hours, and the questioned indirect rates to the applicable base costs. (Report #OIG-97-017)

Voucher review audits are used as the basis for determining whether contractors' billed costs are reasonable, allowable, and allocable under the subject contracts. For example, DCAA auditors questioned $128,861 of the amount included in a $742,770 invoice and bill submitted to the Department. The questioned costs' disposition is pending future contract negotiations. The DCAA performed an audit of the costs claimed for building repair and restoration services.

The audit disclosed that the majority of questioned costs related to labor and indirect expenses. The DCAA questioned the difference between the contractor's direct labor costs, which were based on the contract ceiling rates, and the auditors' calculated direct labor costs, which were based on the lower of either the employees' actual hourly or the contract ceiling rate. Because the contractor did not have a subcontract overhead expense pool and base, DCAA questioned the subcontract overhead in its entirety. In addition, the contractor did not compute or apply a subcontract overhead to its subcontracts. (Report #OIG-97-055)

COMPLETED CONTRACT AUDITS

OCTOBER 1, 1996 THROUGH MARCH 31, 1997

PREAWARD PROPOSAL OVERHEAD AUDITS* OTHER CONTRACT

AUDITS* AUDITS*

FUNDS

NUMBER TO BE PUT NUMBER NUMBER

OF TO BETTER OF COSTS OF COSTS

REPORTS USE REPORTS QUESTIONED REPORTS QUESTIONED

_CUSTOMS_

3 $1,110,925 5 $485,573 0 $0

_DO_

2 $0 1 $0 3 $128,861

_IRS_

2 577,385 1 $0 17 $0

_BEP_

0 $0 0 $0 1 $63,475

_USSS_

1 $0 0 $0 0 $0

_FLETC_

0 $0 1 $179,091 0 $0

_TOTALS**_

8 $1,688,310 8 $664,664 21 $192,336

* All thirty-seven audits were accomplished by DCAA.

** The monetary amounts are reflected in the table on monetary benefits from OIG audits in the Statistical Summaries chapter of this report.

INVESTIGATIVE ACTIVITIES

The OIG and the Offices of Internal Affairs and Inspection at ATF, Customs, IRS, and Secret Service carry out many activities designed to protect the integrity of the Department and its bureaus. These activities range from preventive measures such as integrity awareness programs to investigations of civil and criminal fraud. Because of the sensitive nature of much of the Department's work, this is a high priority area for the OIG and the Offices of Internal Affairs and Inspection.

INTEGRITY AWARENESS AND DETERRENCE

Integrity Awareness: A High Priority

Integrity awareness remains a high priority for Treasury internal investigators. During the last 6 months, the Offices of Internal Affairs and Inspection at Customs, IRS, and Secret Service gave 1,590 presentations to over 18,100 employees. Highlights of these programs follow:

* IRS Inspection Service auditors and investigators routinely make presentations to IRS personnel that are designed to heighten their awareness of ethics and integrity. These presentations address various topics and are tailored to the particular needs of the audience. For the 6-month period ending March 31, 1997, 568 presentations were made to 14,490 employees.

* Customs' Office of Internal Affairs special agents conduct yearly integrity and bribery awareness presentations. In the past 6 months, Internal Affairs agents made 218 presentations to 3,646 employees.

* Secret Service's Office of Inspection works closely with all elements of the Secret Service to foster the highest standards of integrity and ethics. To this end, inspectors conducted 804 integrity and ethics briefings for Secret Service employees, including criminal investigator recruits, experienced criminal investigators, special officers, Uniformed Division Officer recruits and officers, and administrative personnel. (Offices of Internal Affairs and Inspection)

IRS Internal Security Allegations

At the request of the former Under Secretary for Enforcement, the OIG Office of Oversight initiated a review of allegations involving the IRS Mid-Atlantic Region Office of Internal Security. The allegations concerned possible unethical, unprofessional, and discriminatory practices by management officials. The complainant also maintained that he had been fired in retaliation for reporting the allegations. The review disclosed that there was merit to certain allegations. However, the Merit Systems Protection Board sustained the complainant's termination from employment. (OIG)

IRS Southwest Region Internal Security Activities

The OIG conducted a review to determine the effectiveness of the programs of IRS' Southwest Region Internal Security Office. Some of the areas covered by the review included firearms, training, asset accountability and control, procurement, and security. Needed improvements were identified in over half of the areas reviewed.

The OIG's recommendations for corrective action included conducting a complete inventory of the office's firearms, surveillance equipment, ammunition, and body armor, and making necessary corrections to existing inventory listings. Additional recommendations involved developing and maintaining a master list of all inspectors required to qualify with their weapons, and performing a comprehensive review of current Imprest Fund Cashier procedures, which would emphasize the need to ensure that purchases are not split to avoid the $25,000 limitation. Management agreed with the recommendations and plans to take appropriate action. (OIG)

Secret Service Credit Check Assistance

In February 1997, Secret Service and the OIG initiated a pilot program in which, upon the written request of the Director of the OIG's Office of Oversight, Secret Service conducts credit bureau checks for OIG job applicants, whose background investigations are being performed by the OIG. During the first month of the program, Secret Service performed approximately one dozen credit checks. This cooperative effort negates the need for the OIG to subscribe to credit bureau services and results in a more efficient background investigation process. (Secret Service Inspection)

CRIMINAL INVESTIGATIONS

Criminal investigations by the OIG and the Offices of Internal Affairs and Inspection at ATF, Customs, IRS, and Secret Service include investigations of procurement fraud; assaults and threats against employees; bribery; allegations of criminal acts, such as embezzlement and theft, by employees; referrals from national integrity projects; and allegations of corruption against IRS by practitioners, such as attorneys and certified public accountants.

Reorganization of the OIG's Office of Investigations

As part of a continuing effort to better serve its customers by becoming more efficient and effective, the OIG's Office of Investigations (OI) recently reorganized. On October 31, 1996, OI eliminated one of its four regional offices. Two of the regions were renamed and reshaped into the Mid-States Region (formerly the Central and Southern Regions) and the Eastern Region (formerly the Northeast Region). The Western Region remained the same. The OI will continue to have offices in Chicago and New York City, and at FLETC. (OIG)

IRS Technical Equipment Assistance Policy Change

As the result of an OIG Management Implication Report, IRS Internal Security revised its procedures for lending technical security equipment and providing technical assistance to other law enforcement agencies. The new policy provides for this assistance upon receipt of a letter that documents the law enforcement agency's need for and the duration of the loan. Technical assistance is defined as instruction on how to operate the equipment, and IRS inspectors are prohibited from assisting with the equipment's installation or actual operation. In addition, a higher level of approval, either the Assistant Regional Inspector for Internal Security or the Director of the Office of Investigations and Technology, is now required for lending sensitive investigative equipment. (OIG)

Confidential Informant Pleads Guilty to Making a False Statement

After telling the OIG and the Federal Bureau of Investigation (FBI) that he had seen a senior Customs employee accept a large amount of United States currency from a Mexican law enforcement official, a former confidential informant failed a polygraph examination. The informant then confessed that the information he provided was false. After his arrest by OIG special agents, the informant pled guilty to making a false statement and was sentenced to 3 years of probation and fined $600.

At the OIG's request, Secret Service examiners administered a polygraph in Spanish to a second confidential informant, who alleged that he was present during a meeting in which the Mexican official bribed the Customs employee to facilitate the entry of approximately 5 tons of narcotics into the United States. Evaluated as being deceptive on relevant questions, the second confidential informant told a Secret Service examiner in the post-test interview that he was "mistaken" and that no such bribe had occurred. (OIG and Secret Service Inspection)

Private Investigator Sentenced for Impersonating a Federal Officer

A private investigator, who had impersonated a Federal officer and traveled aboard an aircraft with a loaded weapon, was arrested and convicted as a result of the successful integration of separate OIG and FBI investigative efforts. Two search warrants were obtained and executed, leading to the recovery of valuable evidence, including fraudulent United States District Court subpoenas, badges, and credentials. The private investigator was sentenced to 9 months in Federal prison and 3 years of supervised probation. (OIG)

IRS Contractor Sentenced for Making False Statements

On January 31, 1997, an IRS contractor was sentenced to serve 2 years of supervised probation, to pay over $19,000 in restitution, and to notify all of his employers of his conviction. As a result of an OIG investigation, the contractor had pled guilty to making false statements to the Government regarding his ability to perform interpretation services for the hearing impaired for IRS. Debarment action against the contractor is pending. (OIG)

BEP Manager Fired for Time and Attendance Abuse

As a result of an OIG investigation, a BEP manager and a subordinate were cited for abusing time and attendance regulations. The manager was fired for the violation, which resulted in over $10,000 in lost work hours for BEP. In March 1997, BEP management advised the OIG that it had suspended the manager's subordinate for 30 days without pay. The subordinate also was required to reimburse BEP for leave for the time absent from duty. (OIG)

BEP Employee Fired for Failure to File Tax Returns

During an OIG investigation into allegations of the chronic non-filing of tax returns by a BEP employee, the employee admitted to failing to file Federal and state tax returns from approximately 1979 to 1993. Federal and state tax records corroborated the employee's non-filing, and the collection of over $55,000 in outstanding tax liabilities, penalties, and interest has been initiated. As a result of this violation, BEP fired the employee. (OIG)

OCC Employee Resigns for Falsifying Documents

An OCC special assistant resigned after admitting to falsifying documents and expense vouchers. The special assistant kept the cash received for several on-the-spot awards for subordinate employees. The theft was discovered and the money was returned and given to the award recipients after the employees inquired about the awards. Upon further investigation, OCC discovered that the special assistant also had falsified expense vouchers totaling approximately $3,000. To recover the debt, OCC withheld that amount from the employee's payment for annual leave. (OIG)

Customs Branch Chief Demoted and Transferred

The OIG investigated allegations related to the misuse of Government aircraft by Customs pilots and mismanagement by the branch chief of Customs' New Orleans Aviation Branch. Evidence developed and secured during the

investigation substantiated the allegations. As a result of the investigation, the branch chief received a two-grade demotion to a GS-13 pilot position and a forced transfer to Tampa, Florida. (OIG)

FLETC Instructor Resigns

A FLETC instructor resigned as the result of an OIG investigation into allegations that he was involved in the sale of cocaine as a means of repaying a $10,000 personal loan. Although the investigation did not substantiate the allegations, it disclosed that the instructor failed to repay loans he obtained while operating a business; misused his Government credit card by obtaining cash advances while he was not in official travel status; issued several bad checks to community businesses; and used his official position to solicit free docking privileges for his personal boat at a local marina in exchange for obtaining Government business for the marina. In addition, at the OIG's request, the instructor was administered a polygraph examination by Secret Service. During the examination, the instructor admitted to using marijuana in 1995, while he was employed by FLETC. (OIG)

BEP Employee Suspended for False Statements

During the course of an OIG investigation, a BEP employee made false statements on several occasions regarding evidence that was in his possession. Although the employee ultimately provided the evidence to the OIG, his actions impeded the investigation. In December 1996, BEP management advised the OIG that it had imposed a 30-day suspension to discipline the employee for his actions. (OIG)

Customs Internal Affairs Manager Disciplined

Two OIG investigations disclosed that a manager in Customs' Office of Internal Affairs made false statements relating to Government expenditures, used a Government computer for personal business, misused his authority by providing preferential treatment to a private organization and individual, and interfered with a third OIG investigation. As a result of both investigations, the manager received a 5-day suspension. In addition, a disciplinary reassignment was proposed. (OIG)

Retired ATF Employee Sentenced for Income Tax and Mail Fraud

On February 3, 1997, a retired ATF chief pilot, who pled guilty to income tax and mail fraud, was sentenced to 7 ¼ years of incarceration followed by 3 years of probation. In addition, IRS seized the pilot's boat, which was valued in excess of $160,000, and the individual was ordered to reimburse ATF nearly $200,000. An ATF Office of Inspection investigation had disclosed that the pilot embezzled in excess of $1 million from the Federal Government while he was employed by ATF.

In October 1993, information was uncovered that ATF's recently retired chief pilot had possibly been involved in fraudulent activity while he was in charge of ATF's air program. During the investigation, numerous Federal violations, including conspiracy, aiding and abetting, the theft of Government property, and racketeering, were identified. Many individuals associated with the pilot were interviewed, hundreds of financial records from banks and telephone companies were reviewed, and an auditor was detailed to assist in the investigation. After uncovering a vast fraudulent scheme, which included fictitious companies that had been created by the pilot, the ATF case agent worked with the Department of Justice's Public Integrity Section and IRS' Criminal Investigation Division (CID) to prosecute the pilot. (ATF Inspection)

ATF Employee Sentenced for Theft of Public Funds

On January 27, 1997, a program assistant formerly employed at the ATF National Laboratory who pled guilty to the theft of public funds was sentenced to 6 months of home arrest and 5 years of probation, and was ordered to pay $3,000 in restitution. The program assistant had embezzled over $22,000 of Federal money by making unauthorized personal purchases using a Government-issued credit card. In addition, the program assistant had embezzled nearly $1,000 of Federal funds by converting to personal use cash that was intended for official Government purchases.

An investigation involving audits of the program assistant's imprest fund and Government-issued credit card account activity was initiated after the program assistant's supervisor reported accounting discrepancies to ATF's Office of Inspection. Interviews with the program assistant and several witnesses were conducted, and the program assistant resigned from ATF during the course of the investigation. (ATF Inspection)

Individual Sentenced for Bank Fraud

In December 1996, an individual who was not a Government employee pled guilty to bank fraud and was sentenced to be incarcerated for time served plus 45 days. The individual's plea agreement calls for his continued cooperation with Customs' Office of Internal Affairs to identify other conspirators in the bank fraud scheme. During the plea negotiation process, the individual had named several other conspirators, none of whom were Customs employees, and agreed to obtain evidence against them upon his release.

The individual's September 1996 arrest was the culmination of a 17 month long Internal Affairs investigation into allegations that one or more unknown persons stole and then attempted to negotiate a Customhouse broker's check. The individual was identified as a suspect through an analysis of bank records, surveillance photographs, and handwriting exemplars. (Customs Internal Affairs)

Importer Sentenced for Bribery and Smuggling

In November 1996, an importer received a sentence of 14 months of incarceration, a $27,000 fine, and 3 years of supervised probation for bribery and smuggling. The importer also forfeited an additional $13,000, which was submitted to covert agents as an initial installment of his bribery and smuggling venture. During the course of a long-term Internal Affairs investigation, the importer paid nearly $45,000 in bribes to a cooperating Customs inspector for assistance in the illegal importation of Iranian carpets. (Customs Internal Affairs)

Customs Inspector Pleads Guilty to Disclosing Information

In November 1996, as part of a plea agreement with the United States Attorney's Office, a Customs inspector pled guilty to disclosing information obtained from the Treasury Enforcement Communications System II. In November 1995, the inspector made extensive unauthorized system queries concerning a Customs investigative target and his associates. The inspector subsequently violated the law by disclosing some of the information to the target. As a result of her guilty plea, the inspector was placed on indefinite suspension until her sentencing. On April 1, 1997, the inspector was sentenced to 1 month in Federal custody, 3 months of home detention, 3 years of probation, and 200 hours of community service. In addition, as part of her sentence, the inspector was formally removed from her position with Customs. (Customs Internal Affairs)

Customs Fugitive Arrested

On October 22, 1996, a fugitive, who had been indicted for conspiring to possess 1,000 kilograms of marijuana, was arrested after his vehicle crossed through a port of entry. Information had been received that the fugitive, who allegedly belongs to an organization that has corrupt Customs inspectors on its payroll, was residing in the El Paso/Juarez area. Based upon the information, Internal Affairs initiated a joint investigation with Customs' OI and the United States Marshals Service. After his arrest, the fugitive was debriefed regarding any information he possessed about corruption and smuggling. Internal Affairs and OI are continuing to work together on the follow-up investigation. (Customs Internal Affairs)

Customs Inspector Pleads Guilty to Felony Charges

In January 1996, a Customs inspector and his wife, who is a Mexican national, pled guilty to felony charges, including harboring an illegal alien and misusing a passport. An Internal Affairs investigation had disclosed that the inspector knowingly and willfully facilitated the unlawful entry of his wife, an undocumented alien traveling under a fraudulent Mexican passport, into the United States on numerous occasions. As part of his plea agreement, the inspector will perform 600 hours of community service at a homeless shelter over the next 12 months, resign from Customs, and never again apply for Federal employment. In addition, the inspector is expected to plead guilty to a misdemeanor charge of disclosing confidential information. The inspector's wife, who had been in custody since December 5, 1996, was sentenced to time served and will appear before an immigration judge and agree to voluntary exclusion from the United States. (Customs Internal Affairs)

Former Port Authority Supervisor Sentenced for Smuggling Marijuana

On January 10, 1997, a former port authority supervisor, who had been convicted of conspiring to possess and distribute marijuana, was sentenced to 9 years and 2 months in jail, a $60,000 fine, and 4 years of supervised release. The former inspector had worked in the Customs area of the International Arrivals building at John F. Kennedy International Airport. With a crew of luggage handlers, the former inspector had smuggled narcotics secreted in baggage through the airport, circumventing detection by diverting international arrivals' luggage from Customs examination. The former supervisor's sentencing was the culmination of an Internal Affairs investigation of a conspiracy to import marijuana and cocaine that was reported in the September 1995 and September 1996 Semiannual Reports. (Customs Internal Affairs)

Montana Freemen Associates Convicted of Interfering with IRS Laws

Two individuals associated with the Montana Freemen, an anti-Government group, were found guilty of numerous Federal violations. The first defendant, who was convicted of conspiracy, fraud, aiding and abetting, possessing false documents, attempting to interfere with IRS laws, and transporting stolen property, faces a maximum sentence of 104 years in prison and $4.25 million in fines. The second defendant, who was convicted of conspiracy, transporting stolen property, and attempting to interfere with IRS laws, faces a maximum sentence of 31 years in prison and $1.5 million in fines.

Both men also were charged with conspiracy and bank and mail fraud, related to separate investigations conducted by the FBI, IRS' CID, the Secret Service, the United States Postal Inspection Service, and the Department of Agriculture OIG. Evidence presented at the trial was the culmination of the various investigations. In addition, the second defendant was one of the individuals arrested in 1996 at the ranch where the Montana Freemen held off FBI agents for 2 1/2 months.

An IRS Inspection Service investigation was initiated when an IRS service center manager notified Internal Security that IRS had received a fraudulent tax payment, which was identified as a certified banker's check/comptroller warrant. Subsequently, the first defendant was determined to be involved in a scheme to negotiate bogus financial instruments with IRS, other Government agencies, and financial institutions. The fraudulent tax payment that the first defendant sent to IRS was for nearly $4 million, and would have generated a refund of over $1.5 million if IRS had followed his directions to apply the funds to his tax account liability and remit the difference. (The first defendant had threatened to file criminal conversion charges if IRS failed to comply with his instructions.) The investigation also revealed that both defendants sent threatening communications to IRS revenue officers. (IRS Inspection)

Individuals Sentenced for Threatened Assaults

Security management problems and issues continually present challenges that require varying levels of attention throughout the Federal Government. IRS employees have extensive contact with the public, and noncompliance with tax laws has been a common theme among some groups that have been identified as advocating the use of force and violence. One of the Inspection Service's responsibilities is investigating attempts to interfere with the administration of internal revenue laws through threats, assaults, and intimidation. The following three examples illustrate the Inspection Service's significant investigative results in this area.

* Two individuals were convicted of conspiring to damage or destroy a Government building and using an explosive device in relation to a crime of violence. The first defendant, who identified the second defendant as his co-conspirator, received 10 years of incarceration. For his involvement in the plot, the second defendant was sentenced to 36 years in prison. As previously reported in the March 1996 Semiannual Report, the men attempted to blow up an IRS office in December 1995 by planting a powerful homemade bomb outside of the building. A fuse detonated the device's blasting cap, but failed to ignite the main charge. As a result, the bomb did not explode. The bomb was found in the building's parking lot by an IRS employee arriving for work.

* A tax protester was convicted of attempting to use a weapon of mass destruction and solicitation to commit acts of violence for his involvement in a plot to bomb an IRS service center. No bombing occurred, and the defendant was sentenced to over 20 years for his actions.

The Inspection Service had been advised by ATF that the subject of an ATF undercover illegal firearms investigation had told the undercover agents that he was in the market to purchase several thousand pounds of explosives. The subject then informed the agents that he intended to use the explosives to destroy IRS buildings. The ATF supplied additional agents to pose as "strong men" who, for a price, offered to assist the subject in his quest. During a monitored meeting, the subject gave undercover agents photographs and diagrams of the service center, showing where he wanted the bombs to be placed. The subject also told the agents that he planned to destroy other IRS facilities in the future.

During monitored meetings, the subject expressed a hatred for IRS and implied that he had ties to militia organizations. Investigators also uncovered evidence that the subject had frequent contact with the head of a known tax protest organization. Agents from ATF, the Inspection Service, the FBI, and state and local law enforcement agencies arrested the subject as he purchased a machine gun from an undercover officer. During a search of the subject's residence following his arrest, agents found business cards belonging to militia members. However, no information was obtained to show that the subject was, in fact, a member of a militia group. In addition, no evidence of a conspiracy to blow up the IRS building was found.

* A taxpayer, who threatened an IRS revenue officer with a shotgun and an unregistered sawed-off rifle, pled guilty to possessing an unregistered firearm and was sentenced to 1 year of incarceration and a 2-year suspended sentence. An investigation was initiated when the revenue officer contacted the IRS Inspection Service to report that the taxpayer had assaulted him with firearms while he was performing his official duties. A search of the taxpayer's business premises by the IRS Inspection Service and ATF resulted in the discovery of both weapons. (IRS Inspection)

IRS Bribery Case

Bribery of employees is a major concern for IRS revenue and collection operations. IRS revenue agents and other employees who have frequent contact with taxpayers need to be particularly alert to the fact that their positions and associated responsibilities make them potential targets for bribery attempts. The following case illustrates an example of an IRS employee soliciting bribes.

An IRS revenue agent, who was convicted in 1995 of soliciting a $75,000 bribe from a taxpayer, resigned his position and was sentenced to 2 1/3 years of incarceration. During the investigation, IRS inspectors executing a search warrant on the revenue agent's home discovered evidence of additional bribe activity. Further investigation revealed that the revenue agent had received nearly $30,000 from another taxpayer in exchange for favorable audit results. In 1997, the second taxpayer, who had been convicted of bribery, received a 3-year suspended and a 6-month alternate sentence.

The initial investigation of the revenue agent was begun when a taxpayer advised the Inspection Service that the revenue agent had offered to make his tax delinquency disappear in exchange for $75,000. Following the search of the employee's home and IRS office, the second taxpayer admitted to IRS inspectors that he had given the revenue agent four checks in exchange for the revenue agent's offered assistance in eliminating an estimated tax liability. The revenue agent also told the second taxpayer that he would perform 4 years of consulting work for a fee, an idea which appealed to the taxpayer. However, the taxpayer advised the inspectors that he had not seen or had contact with the revenue agent since the revenue agent received the checks. (IRS Inspection)

Accountant Pleads Guilty to Tax Fraud

An accountant, who failed to timely file tax returns for his clients and forward their state and Federal tax payments, pled guilty to tax fraud and interfering with the administration of internal revenue laws. The accountant defrauded his clients of nearly $750,000, approximately $350,000 of which represented taxes that were due to IRS. Sentencing is pending.

An IRS CID special agent informed the Inspection Service that he had met with two of the accountant's clients, who reported that the accountant had stolen approximately $130,000 from them. The money was intended to cover the clients' Federal and state estimated tax payments, their employees' Federal and state withholdings, unemployment taxes, tax balances due, and the accountant's fees. According to the CID, the accountant prepared and signed false tax returns on the clients' behalf, and filed the returns with IRS without making the required payments.

Further investigation revealed that the accountant had prepared over 400 tax returns for numerous individuals during 2 tax years. Thirteen of the accountant's clients were interviewed. The accountant's client base consisted largely of Italian immigrants who owned and operated small businesses and, for whom, English was a second language. The accountant convinced many of his clients that it would be easier if he paid their taxes out of his funds and they subsequently reimbursed him.

For some clients, the accountant prepared two sets of returns, one which reflected their true income and estimated payments, and a second which reflected substantially lower income and estimated payments. The accountant sent the second set of returns to IRS and kept the estimated payment for himself. He had other clients sign blank tax returns and give him a check, and he failed to file any tax returns for another client for 7 years. The accountant kept his clients' records and rarely provided them with copies of their tax returns or receipts. (IRS Inspection)

Revenue Officer Pleads Guilty to Stealing Tax Remittances

A revenue officer, who was employed by IRS for more than 10 years, pled guilty to stealing nearly $8,000 in payments from delinquent taxpayers trying to settle their tax liabilities. The revenue officer faces a maximum sentence of 10 years in prison and a $250,000 fine. Sentencing is pending.

An investigation was initiated after a Collection Division manager reported that his office had not received two tax receipts from the revenue officer's receipt book. A records review disclosed that neither receipt had been received by the IRS cashier's office or credited to the appropriate taxpayers' accounts. Further examination of the revenue officer's receipt book revealed that during a 13-month period, the revenue officer had not credited a total of 16 receipts to taxpayers' accounts. The revenue officer tried to hide the thefts by creating false entries in her account ledger.

The investigation also determined that the revenue officer filed a false car loan application for $8,000 with a Federal credit union. In actuality, the revenue officer used the money, which was deposited into her bank account, to pay off her personal debts. Subpoenaed bank records for three of the revenue officer's accounts disclosed a history of insufficient funds. When interviewed by IRS inspectors, the revenue officer admitted to engaging in the embezzlement to support her cocaine addiction. The revenue officer subsequently resigned from IRS. (IRS Inspection)

IRS Employee Indicted for Unauthorized Disclosure of Tax Information

An IRS employee, who was indicted for accessing and disclosing taxpayer return information in furtherance of a credit card scheme, pled guilty to the unauthorized disclosure of information. Sentencing is pending. An investigation was initiated based on information provided by a Secret Service special agent, who had identified the IRS employee as a supplier of taxpayer return information to an individual involved in credit card fraud. It is estimated that the employee's actions contributed to over $150,000 of credit card fraud.

A computer audit trail revealed that the employee accessed the accounts of three taxpayers, whose credit cards had been stolen in the mail. The audit trail showed that the subject obtained the taxpayers' full names, addresses, and social security numbers (SSNs). The employee's supervisor confirmed that the employee had no official reason to access the three taxpayers' accounts. In addition, the investigation disclosed that the employee previously had received a 7-day suspension for unauthorized tracking of her neighbors' income tax refunds. Circumstantial evidence suggests that the employee disclosed the taxpayer information to her brother in furtherance of his credit card scheme. The employee accessed the taxpayers' accounts on days close to the initiation of several unauthorized credit card charges. (IRS Inspection)

IRS Impersonation Cases

Every year, taxpayers and businesses are swindled out of thousands of dollars by individuals posing as IRS employees or misrepresenting IRS. The IRS Inspection Service is responsible for investigating these occurrences. Actions were taken or initiated on several significant cases during the last 6 months.

* An individual, who defrauded his victims by posing as a representative of IRS, the FBI, and the Central Intelligence Agency, was sentenced to 8 years of incarceration and 3 years of probation upon release. In addition, the defendant was ordered to pay restitution in excess of $165,000.

The defendant had claimed to be the director of a consulting firm that was affiliated with the United States Government, funded by the Treasury Department, and created as a sting operation to covertly investigate corrupt IRS employees. While presenting himself as being employed under contract with Treasury, the defendant fraudulently procured a small fleet of automobiles, a large office suite, computers, cellular telephones, pagers, identification badges, stationery, and office furniture. The defendant also misrepresented himself and his business to recruit 11 employees, whom he defrauded of substantial amounts of money. Total financial losses to the defendant's victims are estimated at over $240,000.

* The primary organizer of a telemarketing scheme was sentenced to 6 years and 2 months of incarceration for racketeering conspiracy. His accomplice, who picked up the money that their victims wired, received 8 months of incarceration and 3 years of supervised release, and was ordered to pay several thousand dollars in restitution. A third participant in the conspiracy, who previously pled guilty to wire fraud and aiding and abetting, received 18 months of incarceration.

A joint investigation between the IRS Inspection Service and a state attorney general's office was initiated after two individuals advised state investigators that they had been victims of a telemarketing scam and provided the name of the individual to whom they had wired money. When interviewed, the named individual implicated the primary organizer of the scheme. Investigators eventually identified 17 victims, who had lost a total of over $400,000, and estimated that the defendants defrauded other unidentified victims of an additional $300,000 to $600,000.

* An individual, who received 4 months of incarceration and 5 years of probation for an earlier telemarketing conviction, was arrested upon his release from a Federal correctional facility, where he had been in custody for violating his probation. Prior to his arrest, the individual was indicted for false impersonation and for wire and mail fraud.

An investigation was initiated after a taxpayer advised the Inspection Service that she had received two telephone calls from an individual who identified himself as an IRS employee. The caller told the taxpayer that she had won an $80,000 prize, but that she had to pay excise taxes to IRS before she could collect the money. The defendant subsequently was identified as being the caller. Further investigation determined that the defendant often called elderly taxpayers, identified himself as an IRS investigator, and told the taxpayers that he had recovered money that they had lost to other telemarketers. He then instructed his victims, who ranged in age from 72 to 87, to send cash for the taxes via interstate overnight courier in order to receive the recovered money. Further judicial action is pending. (IRS Inspection)

Secret Service Special Agent Resigns After Security Clearance Revoked

Secret Service's Office of Inspection investigated the circumstances surrounding a special agent's arrest for rape, aggravated assault, and adultery. The special agent was indicted on the charges, which were brought by his long-time girlfriend, and was placed on indefinite suspension without pay pending the outcome of the judicial proceedings.

The District Attorney dismissed local charges due to the complainant's lack of credibility. However, the special agent was administered a polygraph and was found to be deceptive concerning his assault on the complainant. The special agent also made post-polygraph admissions to Secret Service inspectors. After being served with notice that his security clearance was revoked, the special agent resigned from Secret Service rather than appeal the revocation. (Secret Service Inspection)

Secret Service Special Agent Resigns in Lieu of Prosecution

Secret Service's Office of Inspection investigated allegations that a special agent was engaged in questionable credit card transactions. The investigation revealed that following the special agent's use of his personal credit card to purchase computer equipment at a local computer store, a second computer was bought at the same store with the agent's credit card.

After filing a written protest with the credit card company, indicating that he did not make the second purchase or authorize anyone to use his credit card to do so, the special agent returned the first computer to the store for a full refund. A store examination of the returned computer indicated that its hard drive had been modified. Subsequent forensic examination by Secret Service's Electronic Crimes Branch revealed that the returned computer was, in fact, altered using components from the second computer, which the special agent said he had never purchased or received.

The investigation also revealed several other questionable credit card transactions made by the special agent. The case was presented to the United States Attorney for prosecutive opinion, and the agent was suspended. Following discussions between the special agent's attorney and the United States Attorney, the special agent resigned from Secret Service and the United States Attorney declined prosecution. (Secret Service Inspection)

Stay-in-School Employee Sentenced for Stealing Evidence

A Secret Service stay-in-school employee was sentenced to 5 years of probation and was ordered to make full restitution to Secret Service. The stay-in-school employee stole registered mail that contained counterfeit United States currency from the Secret Service mail room, along with genuine United States currency. Also taken, but later recovered, was Secret Service equipment, including pagers and a ballistic vest. The employee admitted to the thefts and to passing counterfeit currency after failing a polygraph examination. (Secret Service Inspection)

EMPLOYEE CONDUCT

Employee conduct investigations by the OIG and the Offices of Internal Affairs and Inspection at ATF, Customs, IRS, and Secret Service include investigations of violations of the Standards of Ethical Conduct for Employees of the Executive Branch, 5 Code of Federal Regulations 2635, and the Treasury and IRS supplements.

IRS Employee Resigns

The OIG investigated allegations that an IRS internal auditor was using his Government computer to access sexually oriented Internet sites during official hours. A computer network administrator had discovered the misuse while monitoring the employee's on-line activity. The investigation substantiated the allegations, and the employee resigned his position. (OIG)

IRS Inspector Suspended for Misconduct

An OIG investigation determined that an IRS inspector misused a Government vehicle, consumed alcohol while driving the vehicle after official hours, falsified his time and attendance reports, and misused his authority while off-duty. IRS suspended the inspector for 30 days. During the investigation, four additional inspectors were cited for misconduct and received counseling memorandums. (OIG)

Good O' Boy Roundup Attendee Suspended

In December 1996, a Secret Service agent, who drove an official vehicle to the 1991 Good O' Boy Roundup, was suspended from duty for 30 days without pay. The Good O' Boy Roundup was an annual southeastern Tennessee event, first held in 1980. (Secret Service Inspection)

Secret Service Course Instructors Receive Letters of Reprimand

Two Secret Service course instructors were given letters of reprimand for making inappropriate comments to a class of special agent recruits. The comments, one of which was of a sexual nature and the other of which concerned sexual orientation, were made in mixed company with no intent of malice. (Secret Service Inspection)

Administrative Action Against Secret Service Employee Upheld

A Secret Service fingerprint specialist, whom several coworkers accused of sexual harassment that included physical touching and verbal comments of an explicit sexual nature, successfully appealed a notice of proposed removal. Subsequently, the fingerprint specialist was reduced in grade to a non-supervisory position and transferred to a different work site. The fingerprint specialist appealed his reduction in grade to the Merit Systems Protection Board, which upheld the administrative action. (Secret Service Inspection)

STATISTICAL SUMMARIES

This chapter contains statistical analyses of OIG and Office of Inspection and Internal Affairs activities. Several of the analyses fulfill reporting requirements in the Inspector General Act, as amended.

Statistical Summary

_STATISTICAL HIGHLIGHTS APRIL 1996 - MARCH 1997_ a/

_6 MONTHS ENDED_

_9/30/96_ _3/31/97_ _TOTAL_

_AUDITS_

Audit Reports 141 113 254

Recommended Monetary Benefits (in Thousands):

Questioned Costs $386 $925 $1,311

Savings 3,178 5,725 8,903

Revenue Enhancements _15,618_ _24,000_ _39,618_

Total $19,182 $30,650 $49,832

_EVALUATIONS_

Evaluation Reports 2 3 5

_INVESTIGATIONS_

Cases Opened 2,017 1,865 3,882

Cases Closed 2,210 1,847 4,057

Successful

Prosecutions 183 151 334

Administrative

Sanctions 468 436 904

Recoveries and Penalties

(in Thousands) $15,153 $6,059 $21,212

_OVERSIGHT AND QUALITY ASSURANCE REVIEWS_

Reviews and

Analyses 2 2 4

a/ Includes statistics for the OIG and Treasury Offices of Internal Affairs and Inspection.

Audit and Evaluation Reports Issued by Bureau

Appendix A of this report lists individual audit and evaluation reports issued during the 6 months ended March 31, 1997.

OIG Audits and Evaluations Reports

Multi-Bureau 1

ATF 3

OCC 3

Customs Service 13

DO 10

BEP 2

FLETC 3

FMS 3

IRS* 21

Mint 1

BPD 1

Secret Service 2

OTS 3

Independent Entity _1_

67

Inspection Service Audits of IRS _49_

Total _116_

* Includes OIG contract audits.

Reports With Questioned Costs

The IRS Inspection Service did not issue any audit reports with questioned costs during this semiannual reporting period. The term "questioned cost" means a cost that is questioned because of (1) an alleged violation of a provision of a law, regulation, contract, or other requirement governing the expenditure of funds; (2) a finding that, at the time of the audit, such cost is not supported by adequate documentation("unsupported cost"); or (3) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable.

The term "disallowed cost" means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government.

OIG AUDIT REPORTS WITH QUESTIONED COSTS

6 MONTHS ENDED MARCH 31, 1997

_Questioned _Unsupported

Costs_a/ (in Costs_a/ (in

_Report Category_ _Number_ Thousands) Thousands)

1. For which no management

decision had been made by

the beginning of the

reporting period 21 $8,384 $0

2. Which were issued

during the reporting

period _7_ b/ _925_ _0_

3. Subtotals (1 plus 2) 28 9,309 0

4. For which a management

decision was made during

the reporting period 8 3,002 0

* dollar value of

disallowed costs 7 c/ 2,645 0

* dollar value of costs

not disallowed 4 c/ 357 0

5. For which no management

decision has been made by

the end of the reporting

period (3 minus 4) _20_ _$6,307_ _$0_

6. Reports for which no

management decision was

made within six months of

issuance _14_ _ $5,779_ _$0_

a/ "Questioned costs" includes "unsupported costs."

b/ Six audits were performed by DCAA.

c/ Three reports were partially agreed to and partially not agreed to.

Audit Reports With Recommendations That Funds Be Put To Better Use

The term "recommendation that funds be put to better use" means a recommendation that funds could be used more efficiently if management took actions to implement and complete the recommendation, including (1) reductions in outlays; (2) deobligations of funds from programs or operations; (3) costs not incurred by implementing recommended improvements related to operations; (4) avoidance of unnecessary expenditures noted in pre-award reviews of contract agreements; (5) any other savings which are specifically identified; or (6) enhancements to revenues.

The term "management decision" means the evaluation by management of the findings and recommendations included in an audit report and the issuance of a final decision concerning its response to such findings and recommendations, including actions concluded to be necessary.

OIG AUDIT REPORTS WITH RECOMMENDATIONS THAT FUNDS BE PUT TO BETTER USE

6 MONTHS ENDED MARCH 31, 1997

_Revenue

_Savings_ Enhance-

(in Thou- ments_ (in

_Report Category_ _Number_ _Total_ sands) Thousands)

1. For which no

management decision has

been made by the

commencement of the

reporting period 18 $30,928 $6,368 $24,560

2. Which were issued

during the reporting

period 4 a/ 29,725 5,725 24,000

3. Subtotals (1 plus

2) 22 60,653 12,093 48,560

4. For which a

management decision

was made during the

reporting period 5 833 833 0

* dollar value of

recommendations that

were agreed to

by management 3 b/ 629 629 0

* based on proposed

management action 3 b/ 629 629 0

* based on proposed

legislative action 0 0 0 0

* dollar value of

recommendations that

were not agreed to

by management 3 204 204 0

5. For which no

management decision has

been made by the end of

the reporting period

(3 minus 4) _17_ _$59,820_ _$11,260_ _$48,560_

6. Reports for which no

management decision was

made within six months

of issuance _13_ _$30,095_ _$5,535_ _$24,560_

a/ Two audits were performed by DCAA totaling $1,688,310.

b/ One report was partially agreed to and partially not agreed to.

IRS AUDIT REPORTS WITH RECOMMENDATIONS THAT FUNDS BE PUT TO BETTER USE

6 MONTHS ENDED MARCH 31, 1997

_Revenue

_Savings_ Enhance-

in Thou- ments_ (in

_Report Category_ _Number_ _Total_ sands) Thousands)

1. For which no

management decision has

been made by the

commencement of the

reporting period 0 $0 $0 $0

2. Which were issued

during the reporting

period _0_ _0_ _0_ _0_

3. Subtotals (1 plus

2) 0 0 0 0

4. For which a

management decision

was made during the

reporting period 0 0 0 0

* dollar value of

recommendations that

were agreed to

by management 0 0 0 0

* based on proposed

management action 0 0 0 0

* based on proposed

legislative action 0 0 0 0

* dollar value of

recommendations that

were not agreed to

by management 0 0 0 0

5. For which no

management decision has

been made by the end of

the reporting period

(3 minus 4) _0_ _$0_ _$0_ _$0_

6. Reports for which no

management decision was

made within six months

of issuance _0_ _$0_ _$0_ _$0_

a/ The IRS Inspection Service does not have any financial accomplishments to report for the 6 months ending March 31, 1997. It is evaluating reports issued during Fiscal Year 1994 through Fiscal Year 1997 to date to identify financial accomplishments not previously reported and to update previously reported potential accomplishments with more accurate actual accomplishments. The resulting changes will be reported at a later date.

Disputed Audit Recommendations

The Inspector General Act requires Inspectors General to provide information on significant management decisions in response to audit recommendations, with which the Inspectors General disagree. As of

March 31, 1997, there were no disagreements to report.

Undecided Audit Recommendations

The Inspector General Act requires a summary of each audit report which has been undecided for over 6 months. There were 26 such reports.

_Report Title and Date_ _Report Number_ _Amounts_

1. ATF Administration of Cover Over Payments to Puerto Rico and the Virgin Islands, 3/28/94 c

OIG-94-063


3,160,000
2. Evaluation of Change Order Proposal Submitted Under Contract Number TIR-91-0038 for an Integrated Collection System, 5/11/94 a/



OIG-94-083




936,583

3. Defective Pricing Review of Cost or Pricing Data Submitted Under Contract TEP-88-205(TN), Option

Year One, 5/26/94 a/





OIG-94-096




2,967,177
4. Defective Pricing Review of Cost or Pricing Data Submitted Under Contract TEP-91-38(TN) for Currency Ink and Varnish, 6/7/94 a/



OIG-94-099




1,900,461
5. Evaluation of Proposal Submitted Under Contract TEP-91-66 for Installation and Support Services for Currency Inspection Systems, 7/19/94 b/



OIG-94-115




275,148
6. Defective Pricing Review of Cost or Pricing Data Submitted Under Contract TEP-91-18(TN) Base Year Costs, 7/21/94 a/


OIG-94-116



163,499
7. Evaluation of Subcontract Price Proposal Submitted Under Contract TEP-91-66 for Slitting, Batching and Stacking Systems, 10/3/94 b/


OIG-95-001



853,600
8. Evaluation of Subcontractor's Direct Labor and Indirect Cost Rates Submitted Under Contract TIR-89-0056, Task Order 182 for Automated Data Processing Support Services, 10/6/94 a/




OIG-95-003





238,156
9. Evaluation of Procurement Overhead Rates Under Contract TC-89-047, Review of Contractor's Accounts Payable Processing System, and Compliance with Cost Accounting Standard 412, 12/15/94 a/





OIG-95-029





10,234
10. Evaluation of Direct and Indirect Costs and Rates Claimed Under Contract TC-89-047 for Calendar Year Ending 12/31/92, 1/11/95 a/



OIG-95-033




69,284
11. Evaluation of Direct and Indirect Costs and Rates Claimed Under Contract TFTC 91-9 for the Periods October 1, 1992, through December 31, 1993, 2/2/95 a/




OIG-95-045





5,282
12. Follow-Up Audit of the Federal Workers' Compensation Program at the Bureau of Alcohol, Tobacco and Firearms, 8/24/95 f/


OIG-95-118



4,000,000
13. Final Report on the Executive Office for Asset Forfeiture's Investment of the Treasury Forfeiture Fund, 9/27/95 f/


OIG-95-126



2,200,000
14. Costs Incurred Under Contract TOS-92-71 for Audit Services, 10/12/95 a/

OIG-96-001


10,923
15. Follow-Up Audit of the Federal Worker's Compensation Program at the U.S. Customs Service, 10/19/95 f/


OIG-96-007



2,100,000
16. Use of Equitable Sharing Funds by the Philadelphia, Pennsylvania Police Department, 3/4/96 f/


OIG-96-038



304,373
17. Cost Incurred Under Contract TOS-91-31 for Calendar Year 1991, 3/12/96 a/

OIG-96-042



5,404
18. Use of Equitable Sharing Revenues by the Jefferson County, Texas Narcotics Task Force, 3/12/96 e/

OIG-96-043



47,188
19. Equitable Sharing Revenues by the Beaumont, Texas Police Department, 3/12/96 e/

OIG-96-044



271,904

  1. Direct Labor and Other Direct Costs Submitted Under Contract TC-93-029 for Vessel Maintenance Services to the Territory of Puerto Rico, 3/18/96 b/




OIG-96-045





460,591
21. Incurred Costs Under Contract TEP-92-39(N) Covering Fiscal Years 1992 and 1993, 5/2/96 a/

OIG-96-065



12,998
22. Incurred Costs Under Contracts TEP-91-66 and TEP-95-06(TN) for Fiscal Years 1993, 1994, and July 11, 1995, 6/12/96 b/


OIG-96-077




79,051
23. Costs Incurred Under Contract TOS-92-70 for Contract Audit Services, 7/26/96 a/

OIG-96-086



14,198
24. Price Proposal Submitted Under Contract TC-96-001 for the Management and Sale of Seized Property, 8/21/96 b/


OIG-96-091




178,202
25. Final Report on the Customs Officers Pay Reform Amendments, 9/13/96 e/


OIG-96-94


5,2000,000
26. Final Report - ATF and Customs Need to Better Regulate the Sale of Tax-Exempt Cigarettes to the Fishing Industry, 9/30/96 e/



OIG-96-99



210,000

Total

$35,874,256

a/ Contract negotiations have not yet been held or completed.

b/ Contract negotiations have been held and the OIG is awaiting receipt

of the negotiation documentation.

c/ Recommendation is awaiting decision from General Counsel.

d/ The OIG is in the process of reviewing the negotiation

documentation.

e/ Corrective action not yet completed.

f/ There is no corrective action plan in place.

Significant Unimplemented Recommendations

The Inspector General Act requires identification of significant recommendations described in previous semiannual reports on which corrective actions have not been completed. The following lists of such unimplemented recommendations in OIG and Inspection Service audit reports are based on information in the Department's automated tracking system, which is maintained by Treasury management officials. All of the recommendations are being implemented in accordance with currently established milestones.

_Issue _Report Title/Potential Monetary Benefits and

_Report Number_ Date_ Recommendation Summary_

_OIG Audits_

OIG-93-024 1/93 Contract Administration at the Federal Law Enforcement Training Center

Consult with Legal Counsel to determine whether the Government can collect improper payments to contractors.

OIG-94-060 3/94 U.S. Customs Service Antidumping and Countervailing (AD-CV) Duty Program

Implement a Performance Measurement System for the AD-CV Duty Program that includes measures of quality, timeliness, and efficiency, and will allow Customs to assess how well the program has been implemented.

OIG-94-063 3/94 Alcohol, Tobacco, and Firearms Administration of Cover Over Payments to Puerto Rico and the Virgin Islands, $3,160,000

Implement the decision of the Department of the Treasury, OGC, on the timing of cover over payments.

OIG-94-071 3/94 U.S. Customs Service: Paperless Entry Program Entails Greater Risks Than Perceived

Establish a single audit program for districts to use in assessing the paperless program. (Two recommendations)

OIG-94-097 5/94 FMS's Activities to Process and Monitor Agency Disbursements

Ensure that employees complete actions so that Regional Finance Center files contain only current Agency Head signatures. (Two recommendations)

OIG-94-143 9/94 Bureau of Alcohol, Tobacco and Firearms: Tax Compliance Inspection Improvements Needed

Revise the specialist questionnaire to ensure all data concerning compliance risk is adequately considered in developing the Inspection Targeting Program rankings. (Two recommendations)

OIG-95-118 8/95 Follow-Up Audit of the Federal Worker's Compensation Program at the Bureau of Alcohol, Tobacco and Firearms, $4,000,000

There is no corrective action plan in place.

OIG-95-126 9/95 Final Report on the Executive Office for Asset Forfeiture's Investment of the Treasury Forfeiture Fund, $2,200,000

The Office of Asset Forfeiture should develop procedures to ensure that excess collections are invested throughout the year.

OIG-96-043 3/96 Use of Equitable Sharing Revenues by the Jefferson County, Texas Narcotics Task Force, $47,188

The EOAF should revise Treasury guidelines to require separate accounts for identifying expenditures. (Two recommendations)

OIG-96-044 3/96 Equitable Sharing Revenues by the Beaumont, Texas Police Department, $271,904

The EOAF should revise Treasury guidelines to require separate accounts for identifying expenditures. (Two recommendations)

_Inspection Service Audits_
#034008 7/93 Automated Underreporter Project Initiation and Tax Year 1988 Limited Pilot, $1,315,000

Determine whether contract overcharges can be recovered. (Five recommendations)

#035006 9/93 Debtor Master File Processing, $116,300,000

Improve the debtor file validation process by implementing all recommended systemic changes and assess whether mismatch conditions could be resolved through the use of IRS data files. (Five recommendations)

#041403 1/94 Nonresident Alien Information Documents

Identify noncompliance during processing.

Pursue legislation for a universal tax identification number (TIN).

Develop regulations requiring a TIN on foreign investments over a specified amount. (Three recommendations)

#043501 5/94 Controls Over Access to Credit Bureau Databases

Mandate nationwide implementation of interim computer security applications until IRS' modernization efforts develop standardized security programs for all locator services.

#044201 8/94 Information Security Over Small Scale Computer Systems

Perform follow-up review to evaluate corrective action.

#044301 8/94 Local Telecommunications Expenses

Ensure a Cost Management Information System is implemented IRS-wide.

#051408 1/95 Opportunities for Reducing the Collection Queue Inventory

Reduce the risk that unproductive cases are assigned to revenue officers, improve the management of the account receivable inventory, use Inspection Service computer programs to identify and purge unproductive collection cases, and reduce taxpayer burden. (Seven recommendations)

#051902 1/95 Individual Retirement Arrangement (IRA) Excise Taxes, $315,000,000

Increase taxpayer awareness and ensure compliance by expanding systems and programs to identify taxpayers with retirement distributions in excess of stipulated amounts and advise elderly taxpayers of IRA minimum distribution requirements. (Three recommendations)

#052106 2/95 National Account Profile

Develop requirements for cleanup processing of discrepancies between the National Account Profile and the Master File.

#052903 2/95 Controls Over the Issuance of Employer Identification Numbers

Modify processing procedures to ensure actions are taken to obtain all necessary data from taxpayers requesting Employer Identification Numbers.7 (Three recommendations)

#054406 5/95 Interim Evaluation of the SCRIPS Pilot

Improve read accuracy rates on Form 1040EZ and Information Return Program documents to meet contract specifications. (Two recommendations)

Develop the required test deck and system report for SCRIPS.

#056301 8/95 Protecting the Privacy of Third Party Taxpayer Information

Update the Internal Revenue Manual to include new procedures for controlling third party access to tax information.

#056703 9/95 Implementation of Examination's Fiscal Year 1995 Refund Strategy, $385,000,000

Track and assess the effectiveness of actions taken to change IRS computer systems to automatically adjust taxpayer filing status and child care credits when dependents are disallowed.

#060303 10/95 Electronic Return Originator Suitability Checks and Monitoring Efforts

Incorporate a TIN validation process before information is used to research applicant suitability.

#061104 1/96 FOCUS: An Automated System for Identifying Potential Civil and Criminal Tax Violations

Strengthen management of the FOCUS field testing process to ensure that system functionality is refined timely and completed in an effective and unbiased manner. (Six recommendations)

#061509 1/96 TAXLINK Processing and Related Programs

Develop additional contingency plan scenarios and test software capacity, enhance compliance procedures to ensure North American Free Trade agreement requirements are consistently enforced, better protect IRS interests when dealing with other Federal agencies, enhance TAXLINK design and programming, and develop a comprehensive marketing and enrollment methodology. (Four recommendations)

#061610 1/96 IRS' Efforts in Monitoring Trust Fund Recovery Penalty Assessments Need Improvement

Automate the processing of adjustments resulting from payments or credits on related Trust Fund Recovery accounts and reevaluate the definition of accounts receivable related to Trust Fund Recovery assessments. (Two recommendations)

#060402 1/96 Early Intervention Contact Processing

Consider alternate methods of obtaining current taxpayer locator information.

#061714 2/96 Electronic Fraud Detection System (EFDS) Rollout

Draft procedures for changing passwords immediately upon signing on to EFDS.

Develop and test a comprehensive Quality Assurance plan for Phase II to evaluate system functionality.

Standardize Form W-2 data and establish requirements for conversion to a machine readable format.

#062208 2/96 Distributed Input System (DIS) Transition/Contingency Plan

Increase Four Phase Computer inventories by obtaining systems excised by other government agencies; ensure vendors obtain and use diagnostic software in scheduled maintenance; and develop and deliver DIS training. (Three recommendations)

#062403 3/96 Selected Aspects of the Service's Methodology For Developing TSM

Develop and integrate procedures to improve development coordination.

Define the various uses of Business Area Analyses (BAAs) and delimit the objectives of the various types of BAAs.

#062705 3/96 Development of the Revenue Accounting Control System (RACS) Replacement

Provide a current list of TSM initiatives, projects, sub-projects, and smaller sub-projects.

Enhance the Resource Tracking System to include smaller sub-projects.

#063502 4/96 Parent and Dependent Duplicate Exemption Claims, $30,800

Identify solutions to duplicate SSNs that minimize both taxpayer burden and impact to IRS.

Segment the conditions of duplicate SSNs for control and aggressive management.

#064102 5/96 Preparer Program

Associate the preparer TIN with each individual return in the audit stream.

Enhance the MACS so that the preparer TIN can be matched on the Audit Information Management System.

#064008 6/96 The Financial Accounting and Reporting of Collection's Seized Assets Could be Improved

Develop a strategy and implementation plan for the transmission of data between the Automated Work Control System seizure module and the RACS. (Two recommendations)

Reclassify the reporting of seized assets.

#064202 6/96 EFTPS Implementation

Require mandatory management review of transactions with adjustments to both a taxpayer's name control and TIN.

Develop a training environment for the pilot that does not involve live transactions.

#064401 6/96 1996 Telefile Program

Ensure that the Telefile systems are adequately tested and that a Security Certification and Accreditation is completed as soon as possible.

#065002 7/96 Validity of Assessments

Evaluate causes of unproductive cases and identify additional program improvements.

Pursue the capability to access Social Security data via computer to enable quick, economical processing of cases.

Develop instructions to Compliance employees on researching accounts for pending assessments.

#065503 8/96 Employment Tax Nonfiler Program

Use Income and Tax Statements (Forms W-3) and Wage and Tax Statements (Forms W-2) information to activate filing requirements and identify nonfilers. (Three recommendations)

#066401
9/96 Follow-up Review of Information Security Over Small Scale Computer Systems

Conduct another self-assessment and certification of systems, to be followed by a validation.

Include in the Fiscal Year 1997 Business Master Plan quantifiable measures for achieving computer security.

Enforce the requirements that any future purchases provide minimum security requirements.

Include in first-line managers' expectations a requirement that they test computer security in periodic reviews.

Revised Management Decisions

The Inspector General Act requires Inspectors General to provide a description and explanation of the reasons for any significant revised management decisions made during the reporting period. There were no such decisions during this reporting period.

Legislative and Regulatory Review

The Inspector General Act requires the Inspector General to review existing and proposed legislation and regulations relating to the programs and operations of the Department and to make recommendations concerning their impact. The OIG reviewed and commented on five Treasury Directives and Treasury Orders in the 6 months ended March 31, 1997. In addition, the OIG reviewed and commented on two existing and proposed legislative items.

Hotline Allegations

The table below summarizes allegations of fraud, waste, misconduct, mismanagement, and assault received through "800" hotline numbers during the 6 months ended March 31, 1997. It does not include (1) allegations received by the OIG and Treasury Offices of Inspection and Internal Affairs through other sources; (2) inquiries on taxes and other matters which are referred informally to Treasury program managers and others for appropriate disposition; or (3) pending allegations for which dispositions have not been determined.

Organization

_Disposition of Allegations_ _Total_ _OIG_ _USCS_ _IRS_

Referred for investigative

or audit inquiry 32 19 1 12

Referred to program managers 9 0 0 9

Referred to other agencies _49_ _48_ _1_ _0_

Totals _90_ _67_ _2_ _21_

1-800-359-3898 OIG Hotline

1-800-829-2996 Customs Hotline

1-800-366-4484 IRS Hotline

Caseload Accounting

This table accounts for the caseload of the OIG and Offices of Internal Affairs and Inspection for the 6 months ended March 31, 1997. The beginning balance of cases, plus the cases opened, minus the cases closed, equals the ending balance of open cases.

Organization

Total OIG ATF USCS IRS USSS

Number of open

cases at the

beginning of

the period 2,241* 170 128 377* 1,533 33

Number of cases

opened during

the period 1,865 74 106 109 1,557 19

Number of cases

closed during

the period 1,847 73 122 97 1,533 22

Number of open

cases at the end

of the period 2,259 171 112 389 1,557 30

*Adjusted figures.

Nature of Allegations

The table below classifies the nature of allegations for investigative cases opened during the period. The number of allegations equals the number of cases opened because only the most significant allegation per case was counted.

Organization

Total OIG ATF USCS IRS USSS

Bribes, graft,

kickbacks 129 7 0 16 106 0

Procurement and

contract

irregularities 23 7 2 1 13 0

Assaults/threats 518 1 4 9 502 2

False statements

and claims 150 14 4 5 127 0

Theft/misuse of

funds/property 341 8 28 5 299 1

Drug abuse and

control 30 1 4 0 25 0

Impersonating a

Government

official 68 1 0 0 67 0

Criminal -- Other 237 4 3 6 220 4

Sexual Harassment 22 0 2 14 6 0

Improper conduct

or disclosure 249 11 40 28 161 9

Non-Criminal

-- Other _98_ _20_ _19_ _25_ _31_ _3_

Total Allegations _1,865_ _74_ _106_ _109_ _1,557_ _19_

Prosecutive Actions

The chart below accounts for the prosecutive actions of the OIG and Offices of Internal Affairs and Inspection for the 6 months ended March 31, 1997. The number of pending cases at the beginning of the period, plus the cases referred to prosecutive authorities, less the cases accepted for prosecution, less the declinations, equals the pending cases at the end of the period.

Organization

Total OIG ATF USCS IRS USSS

Number of cases

pending prosecutive

decision at the

beginning of the

period 745* 18 6 13 707 1*

Number of cases

referred to

prosecutive

authorities during

the period 713 6 8 11 675 13

Number of cases

accepted for

prosecution during

the period 162 4 2 5 142 9

Number of

declinations

during the period 437 6 8 3 417 3

Number of cases

pending prosecutive

decision at the

end of the period 859 14 4 16 823 2

*Adjusted figures.

Successful Prosecutions

This chart shows the number of successful prosecutions involving the cases of the OIG and Offices of Internal Affairs and Inspection during the 6 months ended March 31, 1997. Successful prosecutions include the number of individuals who as a result of investigations (1) are found guilty by a Federal or state court, (2) are accepted for pretrial diversion agreements by the Department of Justice, or (3) are granted plea bargaining agreements.

_Organization_ _Prosecutions_

OIG 6

ATF 2

USCS 13

IRS 129

USSS _1_

Total _151_

Administrative Sanctions

This chart shows the number of personnel actions and the number of suspensions and debarments of contractors involving cases of the OIG and Offices of Internal Affairs and Inspection.

_Personnel _Suspensions and

_Organization_ Actions_ Debarments_

OIG 36 1

ATF 34 0

USCS 20 0

IRS 343 0

USSS _2_ _0_

Total _435_ _1_

Investigative Monetary Benefits

This table summarizes monetary benefits relating to investigations of the OIG and Offices of Internal Affairs and Inspections.

Adminis­

Organi- Criminal trative

zation Total Recoveries Penalties Penalties Savings

OIG $848,230 $76,485 $0 $0 $771,745

ATF 190,000 190,000 0 0 0

USCS 1,208,267 817,767 360,500 30,000 0

IRS 3,809,586 3,530,468 279,118 0 0

USSS _3,400_ _0_ _3,400_ _0_ _0_

Total $6,059,483 $4,614,720 643,018 $30,000 $771,745

Access to Information

The Inspector General Act requires Inspectors General to report those circumstances that, in the judgment of the Inspector General, constitute an unreasonable refusal of requested information or assistance.

In the last Congress, the Chairman of the Senate Committee on Governmental Affairs asked the OIG to respond to ten specific questions, which generally pertained to Treasury policies and practices regarding background investigation files and the production of the list used to request those files. Subsequently, Secret Service provided testimony regarding the process by which the White House access list is maintained and updated. The Ranking Minority Member of the House Committee on Government Reform and Oversight made a separate request for an investigation into the preparation of testimony provided by Secret Service officials before that Committee.

Since the inception of the OIG's investigatory efforts, Secret Service has imposed certain limiting conditions regarding OIG access to necessary information within Secret Service. As a result, the OIG has been unable to conduct an investigation and respond to the questions posed. Secret Service's position is that the OIG may only gain access to documents and schedule interviews within Secret Service by going through Secret Service's internal affairs office, the Office of Inspection. In support of its position, Secret Service provided a memorandum detailing its concerns from an operational and legal perspective. Specifically, Secret Service raised the concern that OIG access might impact its protective mission. In addition, Secret Service raised ancillary issues regarding the statutory exemptions to the Inspector General Act, the Privacy Act, and the OIG's coordination with the Office of Independent Counsel. The OIG views Secret Service's expression of these concerns as a deflection of the OIG's clearly enunciated and narrowly focused goal of providing responses to the questions posed by the requesters.

Accordingly, the OIG believes that Secret Service's position constitutes an unreasonable denial of access. The OIG has attempted unsuccessfully to resolve this matter directly with Secret Service and through the management chain of command. Given these circumstances, the OIG has determined that it is unable to conduct a credible and independent investigation and accordingly the investigation is closed.

As noted above, the Inspector General Act, as amended, (United States Code Annotated Appendix 3) Section 6(b)(2) provides that such instances of unreasonable refusal of access be reported to the Department and disclosed in the Semiannual Report. The OIG recognizes the complexity of this matter. That is, the Inspector General Act contains specific Treasury provisions, which authorize the Secretary to prohibit the Treasury Inspector General from carrying out or completing an investigation in certain areas requiring access to "sensitive information," as defined in Section 8D. However, the Secretary has not exercised this authority.

APPENDIX A: AUDIT REPORT LISTING 1/

October 1, 1996 through March 31, 1997

OIG Audits and Evaluations

Multi-Bureau

Department of the Treasury's Digital Telecommunications System, OIG-97-045,

2/21/97, $4,036,800 S

Bureau of Alcohol, Tobacco and Firearms

Alcohol, Tobacco and Firearms Special Occupational Tax Program, OIG-97-016, 12/27/96, $24,000,000 R

Follow-up Audit of the Bureau of Alcohol, Tobacco and Firearms Aviation Program: Controls Need Improvement, OIG-97-028, 1/10/97

Bureau of Alcohol, Tobacco and Firearms Use of Administratively Uncontrolled Overtime, OIG-97-038, 2/4/97

Office of the Comptroller of the Currency

Office of the Comptroller of the Currency's Evaluation of Management, OIG-97-023, 12/30/96

Office of the Comptroller of the Currency Truth in Lending Examination Process, OIG-96-E10, February 1997

Audited Calendar Year 1996 Financial Statements of the Office of the Comptroller of the Currency, OIG-97-062, 3/28/97

U.S. Customs Service

Direct and Indirect Costs and Rates Claimed Under Contract TC-89-047 for Calendar Year Ended December 31, 1993, OIG-97-002, 10/10/96, $135,600 Q

Proposal Submitted Under Contract TC-96-01 for Seized Property Management Services, OIG-97-008, 10/28/96

Land Border Carrier Initiative Program, OIG-CA-97-001, 10/30/96

Direct and Indirect Costs and Rates Claimed Under Contract TC-94-026 for Fiscal Year Ended December 31, 1995, OIG-97-011, 11/5/96

______________________________________________________________________________

1/ Amounts shown for some reports represent recommended monetary benefits.

Q = Questioned Costs; S = Savings; R = Revenue Enhancements.

Incurred Costs Under Contracts TC-90-049 and TC-95-018 for Fiscal Year 1995, OIG-97-013, 11/6/96, $12,000 Q

Contract Closing Statement Under Contract TC-87-039 for the Design, Development, Installation and Test for the C31 Program, OIG-97-015, 11/12/96, $337,800 Q

United States Customs Service Effectively Controlled Firearms, OIG-97-022, 12/27/96

Final Procurement Determined Overhead Rates Claimed Under Contract TC-89-047 for Fiscal Year Ending December 31, 1990, OIG-97-032, 1/21/97

U.S. Customs Service Use of Administratively Uncontrollable Overtime, OIG-97-041, 2/13/97

Direct and Indirect Rates Submitted in Response to Solicitation CS-96-026 for Cargo Search X-Ray Inspection Systems, OIG-97-046, 3/6/97

Pricing Proposal Submitted Under Contract TC-93-029 for Vessel Maintenance, OIG-97-059, 3/25/97, $1,111,000 S

U.S. Customs Service: Follow-up Audit of Small Airport Program, OIG-97-061, 3/28/97

U.S. Customs Service's Fiscal Years 1996 and 1995 Financial Statements,

OIG-97-054, 3/31/97

Departmental Offices

Treasury's Administration of Technical Assistance Activities in Central and Eastern Europe and the Former Soviet Union Countries, OIG-96-E07, October 1996

Implementation of the Whistleblower Protection Act of 1994, OIG-96-E11, December 1996

Treasury Small Business Program, OIG-97-020, 12/11/96

Treasury Forfeiture Fund Awards May Have Exceeded Limits, OIG-97-021, 12/23/96

Direct and Indirect Costs and Rates Claimed Under Contract TSW-90-0209 for Fiscal Years 1992, 1993, 1994, and 1995, OIG-97-040, 2/13/97

Application of Agreed-Upon Procedures on Proposal Submitted Under Contract TOS-97-15 for Management and Administrative Support Services, OIG-97-048, 3/11/97

Subcontractor Unit Prices, Applicable to Contract TOS-96-23, OIG-97-050, 3/12/97

Application of Agreed-Upon Procedures of Proposal Submitted Under Contract TOS-97-15 for Management and Administrative Support Services, OIG-97-053, 3/18/97

Public Vouchers Submitted Under Contract TOS-96-23 for Building Repairs and Restoration Services, OIG-97-055, 3/26/97, $128,900 Q

Public Vouchers Submitted Under Contract TOS-96-23 for Building Repairs and Restoration Services, OIG-97-056, 3/26/97

Bureau of Engraving and Printing

Termination Settlement Proposal Submitted Under Contract TEP-96-09(TN) for a Web Gravure Printing Press, OIG-97-010, 11/1/96, $63,500 Q

Audited Fiscal Years 1996 and 1995 Financial Statements of the Bureau of Engraving and Printing, OIG-97-058, 3/25/97

Federal Law Enforcement Training Center

Direct and Indirect Costs and Rates Claimed Under Contract TFTC-91-9 for the Period December 29, 1993 Through December 31, 1995, OIG-97-012, 11/5/96, $179,000 Q

Property Management Program at the Federal Law Enforcement Training Center, OIG-97-029, 1/10/97

Pre-Audit Survey of the Federal Law Enforcement Training Center, OIG-97-051, 3/12/97

Financial Management Service

Financial Management Service's Internal Controls Over Processing Refunds,

OIG-97-025, 1/7/97

Processing of Investment Transactions by the Financial Management Service as a Service Organization, OIG-97-031, 1/17/97

Treasury Financial Management Service Funds Accounting Branch Custodial Financial Statements for the Year Ended September 30, 1996, OIG-97-052, 3/14/97

Internal Revenue Service

Public Vouchers Submitted Under Contract TIR-95-0063 for Treasury Information Processing Support Services, OIG-97-001, 10/1/96

Defective Pricing Review of Cost or Pricing Data Submitted Under Contract TIR-94-0028 for the Document Processing System, OIG-97-003, 10/10/96

Indirect Costs and Rates Under Contract TIR-91-0072, OIG-97-005, 10/23/96

Evaluation of Contractor's Estimating System, OIG-97-006, 10/24/96

Contractor's Accounting System and Related Internal Controls, OIG-97-007, 10/28/96

Contractor Labor Floorcheck and Timekeeping Practices, OIG-97-009, 10/28/96

Proposal Submitted in Response to Solicitation IRS-96-0005 for Architectural and Engineering Support Services, OIG-97-014, 11/8/96

Application of Agreed-Upon Procedures on Proposal Submitted in Response to Solicitation IRS-96-0041 for Financial Support Services, OIG-97-017, 11/18/96, $577,400 S

Public Vouchers Submitted Under Contract TIR-94-0089 for Information Processing Support Services, OIG-97-018, 11/20/96

Public Vouchers Submitted Under Contract TIR-95-0067 for Information Processing Support Services, OIG-97-026, 1/7/97

Public Vouchers Submitted Under Contract TIR-95-0059 for Treasury Information Processing Support Services, OIG-97-027, 1/8/97

Public Vouchers Submitted Under Contract TIR-95-0064 for Treasury Information Processing Support Services, OIG-97-030, 1/16/97

Allegation on Internal Revenue Service Use of High Intensity Drug Trafficking Area Funds, OIG-97-035, 1/27/97, $68,000 Q

Public Vouchers Submitted Under Contract TIR-95-0058 for Treasury Information Processing Support Services, OIG-97-033, 1/28/97

Public Voucher Submitted Under Contract TIRNO-94-00028 for the Treasury Document Processing System, OIG-97-034, 1/30/97

Contractor Labor Floorcheck and Timekeeping Practices, OIG-97-036, 2/5/97

Public Vouchers Submitted Under Contract TIR-95-0065 for Information Processing Support Services, OIG-97-037, 2/5/97

Public Vouchers Submitted Under Contract TIR-94-0090 for Treasury Information Processing Support Services, OIG-97-039, 2/7/97

Contractor Labor Floorcheck and Timekeeping Practices, OIG-97-044, 2/20/97

Public Vouchers Submitted Under Contract TIR-95-0062 for Treasury Information Processing Support Services, OIG-97-047, 3/7/97

Public Vouchers Submitted Under Contract TIR-95-0060 for Treasury Information Processing Support Services, OIG-97-060, 3/31/97

U.S. Mint

Audited Statements of Custodial Gold and Silver Reserves for the United States Mint as of September 30, 1996, and 1995, OIG-97-043, 2/27/97

Bureau of the Public Debt

Improvements Needed in the Treasury Securities Auction Process, OIG-97-004, 11/8/96

U.S. Secret Service

Initial Pricing Proposal Submitted in Response to Solicitation USSS-96-0017,

OIG-97-019, 12/11/96

U.S. Secret Service: Audit of Administratively Uncontrollable Overtime,

OIG-97-042, 2/13/97

Office of Thrift Supervision

Follow-up Audit of Supervision of Problem Thrifts, OIG-97-049, 3/10/97

Office of Thrift Supervision's Implementation of Prompt Corrective Action,

OIG-97-057, 3/25/97

Audited Calendar Year 1996 Financial Statements of the Office of Thrift Supervision, OIG-97-065, 3/31/97

Independent Entity

Enterprise for the Americas Initiative Financial Audit Reports, OIG-97-024, 12/31/96

Inspection Service Audits

Internal Revenue Service

Midstates Region Small Purchase Card Controls, 370101, 10/1/96

Selection, Control, and Disposition of District Examination Cases, 070106, 10/16/96

Customer Service - Brookhaven Service Center, 670101, 10/17/96

Software Development at the Field Development Centers, 070201, 10/18/96

Quality Assurance for Examination Division - Western Region, 970203, 11/6/96

Central California District's Controls Over Remittance Processing, 970304, 11/6/96

The Introduction of the Form 1040T, 070403, 11/7/96

Currently Not Collectible Cases - Indiana District, 170104, 11/7/96

Service's Use of Available Data for Determining Compliance with the Foreign Investment in Real Property Tax, 070302, 11/8/96

Service's Use of Interagency Agreements, 070504, 11/13/96

Transition Activity - Northern California District, 970102, 11/20/96

Cash Remittance Processing Controls - Kansas City Service Center, 370304, 11/22/96

Risk Assessment of the Housing Plan Program - Western Region's Laguna Niguel Site, 970402, 12/13/96

Collectibility Within Examination Division, 370401, 12/16/96

Service's Background Investigation Program for ADP Contractors, 070605, 12/23/96

Selected Southeast Region Appeals Offices, 170200, 12/24/96

Processing Fuel Tax Claims, 070804, 12/30/96

Controls Over Deferred Payment Offers in Compromise - Atlanta Service Center, 170302, 12/30/96

SCRS Consolidation in the Computing Centers, 070905, 1/6/97

Selected Error Conditions and Unproductive Editing Procedures in Returns Processing, 071004, 1/17/97

Mortgage Interest Deductions - Brookhaven Service Center, 670201, 1/17/97

Revenue Agent Case Assignment Practices, 071102, 1/24/97

Electronic Federal Tax Payment System (Version 1.5) Testing, Security, and Business Issues, 071207, 1/24/97

Examination's Use of Taxpayer Return Information - Southeast Region, 170402, 1/24/97

Appeals Case Validation Sampling Process - Western Region, 970501, 1/27/97

Activity in the Adjustments Branch - Atlanta Service Center, 170607, 1/31/97

Questionable Motor Fuel Excise Tax Refunds Referred to the Fresno Service Center, 970600, 2/3/97

Taxpayer Service Walk-in Activities - Northeast Region, 670402, 2/5/97

Consolidation of Property Management Warehouses - Southeast Region, 170503, 2/7/97

Effectiveness of the Notice Review Process - Kansas City Service Center, 370502, 2/7/97

Service Center Control File, 170704, 2/10/97

Albany Imprest Fund, 670306, 2/10/97

Productivity of the Underreporter Program, 071404, 2/19/97

Selected Collection Activities - Gulf Coast District, 170802, 2/21/97

Selected Investigative Equipment - Criminal Investigation Division New England District, 670504, 2/21/97

In-Business Trust Fund Program - Northern California District, 970703, 2/21/97

Quality of Information Document Processing, 071304, 3/3/97

Controls Over Investigative Equipment - Brooklyn District Criminal Investigation Division, 670603, 3/3/97

Selected Publishing Services Activities - National Office, 071603, 3/5/97

ACS/ICS DB2 Database Management System, 071703, 3/6/97

Controls Over High Risk Property - South Florida District, 170902, 3/12/97

National Office Examination Planning, 072002, 3/13/97

Selected Issues in the Coordinated Examination Program, 070700, 3/17/97

Examination Group Statute Controls - Kentucky-Tennessee District, 171001, 3/18/97

Internal Control Assessment of the Problem Resolution Program, 970901, 3/19/97

District Deposit Discrepancies - Austin and Kansas City Service Centers, 370603, 3/21/97

Controls Over Investigative Equipment - Connecticut-Rhode Island District Criminal Investigation Division, 670700, 3/21/97

Western Region's Estate and Gift Tax Program, 970803, 3/24/97

Examination Group Statute Controls - Delaware-Maryland District, 171200, 3/28/97

APPENDIX B: CROSS REFERENCES TO INSPECTOR GENERAL ACT, AS AMENDED 1/

Section 4(a)(2): Review of Legislation and

Regulations 65

Section 5(a)(1): Significant Problems, Abuses, and

Deficiencies 11-49

Section 5(a)(2): Recommendations with Respect to

Significant Problems, Abuses, and

Deficiencies 11-49

Section 5(a)(3): Significant Unimplemented Recommendations

Described in Previous Semiannual Reports 58-64

Section 5(a)(4): Matters Referred to Prosecutive

Authorities 67-68

Section 5(a)(5): Summary of Instances Where Information Was

Refused 69-70

Section 5(a)(6): List of Audit Reports 71-78

Section 5(a)(7): Summary of Significant Reports 11-49

Section 5(a)(8): Statistical Table - Questioned

Costs 52-53

Section 5(a)(9): Statistical Table - Recommendations that

Funds Be Put to Better Use 53-55

Section 5(a)(10): Summary of Audit Reports Issued Before

the Commencement of the Reporting Period for which No

Management Decision Has Been Made 56-58

Section 5(a)(11): Significant Revised Management Decisions

Made During the Reporting Period 64

Section 5(a)(12): Management Decisions with which the

Inspector General Is in Disagreement 56

1/ As Amended

*** Last update 07/21/97 (clj) ***