In 1993, investigations by the Forest Service's elite
Timber Theft Task Force led to eight felony convictions and $3.5
million in fines, including the largest timber prosecution in U.S.
history against an Oregon-based timber-scaling company (HCN,
8/23/93). The following year, the task force failed to produce a
single prosecution, despite abundant evidence that people were
still stealing trees owned by the public on national
forests.
"Whatever happened to 1994?" asked Larry
Campbell of Voice of the Environment, a Montana-based
group.
Task force agents answered that question
in a strongly worded letter sent to Forest Service Chief Jack Ward
Thomas Sept. 9, 1994. In the letter, 10 of the 17 agents said their
hands were tied after 1993 because of a backlash from old-guard
agency managers, who "winked at industry misconduct and blackened
the eyes of agents who did not wink with them." Later, four more
agents added their names to the letter, according to one of the
agents' lawyers, Thomas Devine of the Government Accountability
Project, a private group formed to protect
whistleblowers.
Since that letter, investigations
have begun into the affairs of the once-prized task force. But
despite recent efforts by the Forest Service to correct the
problems, critics charge the task force continues in
disarray.
Prodded by Congress, the Forest Service
founded the Timber Theft Task Force in 1991. Its task: to nail
timber companies in California, Oregon, Washington and Alaska
suspected of stealing trees worth tens of millions of dollars from
public lands.
But in their letter, agents said
the Forest Service punished rather than rewarded them for doing
their job. Agents pointed out that Forest Service managers even
tried to abolish the task force during hearings in 1993. Congress,
however, increased funding for the force and imposed a
"straightline" structure - a direct reporting line to the chief -
to free the team from regional offices.
Nonetheless, agents said, regional reins
tightened on timber-theft investigations.
Agents
said that the new task force chief, Lowell Mansfield, told them:
"If we never investigate another timber theft, it won't matter.
What matters is getting along with the regions."
Under what was meant to be better management,
agents said:
* They no longer had authority to
initiate new cases;
* New rules requiring them
to wear uniforms and drive marked cars crippled undercover efforts;
* Regional managers often transferred agents at
critical moments, thus stalling or ending investigations;
* and managers harassed the most effective and
outspoken team members, leading some to request transfers or
removal from the investigating team.
"The effect
on morale from disrupting our family lives, abusing us personally
and paralyzing us professionally has been devastating," the agents
concluded. "It now appears these actions are part of a perverse
plan - gutting morale and sparking individual resignations as a way
to kill the task force."
Attorney Devine said
the situation has improved since Forest Service Chief Thomas met
with the agents last fall in Portland. Afterward, Thomas ousted
Mansfield and temporarily reinstalled Al Marion as task force
chief. Marion had been team leader but was transferred after
disobeying orders not to present team ideas at a management review.
Forest Service critics also said they were pleased by the
appointment of Manuel Martinez, a well-respected special agent from
Albuquerque, as the new law enforcement chief for the entire
agency.
But environmentalists worry the Forest
Service will dismantle the task force, putting enforcement back in
the hands of regional managers who work closely with the timber
industry they police.
Forest Service officials
say they can't discuss the future of its timber-theft investigative
team until Chief Thomas responds to an internal report by the
Agriculture Department's Inspector General. The report, agency
insiders say, is more than 2,000 pages long and contains no
recommendations - only sworn affidavits from 70 Forest Service
employees.
Even if Thomas gets his house back in
order, Campbell, of Voice of the Environment, and others insist the
Forest Service must be held accountable for the task force's
missing year of enforcement. Seventeen environmental groups,
including the Sierra Club, National Audubon Society and Greenpeace,
filed a petition March 7 with U.S. Attorney General Janet Reno
asking for a federal investigation. Her office has not yet
responded.
Alan Polk, a spokesman for the Forest
Service, denies that investigations of timber theft have slowed
down. He confirmed that the task force had no prosecutions in 1994,
but pointed out that in the same year regional law enforcement
officers settled timber-theft cases worth $2.2 million in
fines.
For more information, call Alan Polk at
the U.S. Forest Service, 202/205-1134. Voice of the Environment
also recently published a scathing report, Chainsaw Justice: The
U.S. Forest Service Out of Control, documenting Forest Service
abuses including obstruction of the task force. To obtain a copy of
the report and the agents' letter, send $15 to Voice of the
Environment, Box 915, Hamilton, MT 59840. The Government
Accountability Project can be reached at
202/408-0034.
* Elizabeth
Manning
HCN
intern






