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Erbe, Robert P
Fram: Sent: Ta: Subject:
Erbe, Robert P Wednesday, January 02, 2008 5:22 PM Copp, Jeffrey G Draft Decision Letter

Attachments: Voorhis Decision Letter.doc

Jeff Attached please find the draft decision letter in Voorhis. Let me know your thoughts. I am also running this by ELR. Bob
Robert P. Erbe Associate Legal Advisor U.S. Immigration & Customs Enforcement Labor & Employment Law Division 6431 South Country Club Road Tucson, Arizona 85706 (520) 670-4776 (direct !ine) (520) 940-4473 (cell phone) (520)670-4789 (main number) (520) 670-4891 (fax) Robert. Erbe@dhs.gov This document may contain confidential and/or sensitive attorney-client privileged, attorney work product, and/or U.S. Government information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Any release, retransmission or dissemination is considered to be an unauthorized disclosure of confidential information.

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 73 of 92

,Page 1 of2

Erbe, Robert P
From: Sent: To: Cc: SUbject: Maldonado, Paul Monday, April 14, 20082:25 PM Erbe, Robert P Maldonado, Paul FW: Voorhis Decision Letter

Attachments: Voorhis Decision Letter.doc; MSPB Appeal Form.pdf

From: Maldonado, Paul [mailto:paul.maldonado@dhs.gov]

Sent: Wednesday, January 16, 20084:52 PM
To: Erbe, Robert P Ce: Copp, Jeffrey G; Warren, Christi ne A; Maldonado, Paul Subjeet: FW: Voorhis Decision Letter Hi Bob, attached is the decision letter. I changed the effective date to February 1, as it is the nearest new pay period. I would Iike to have it served by this Friday. I was thinking of calling Voorhis into the office, serving him then faxing his attorney the decision letter. Thanks, paul

From: Copp, Jeffrey G [mailto:jeffrey.copp@dhs.gov]

Sent: Monday, January 07, 2008 11:19 AM
To: Maldonado, Paul Subjeet: FW: Voorhis Decision Letter

,N°o/p

SAC Denver) (303) 721-3010 (office) (720) 988-6703 (celi) From: Erbe, Robert P

Sent: Monday, January 07, 2008 11:07 AM
To: Copp, Jeffrey G Subjeet: Voorhis Decision Letter

Jeff Attached please find thefinal Voorhis decision letter that you can serve as soon as you wish. This letter has been coordinated with ELR and the U.S. Atty's Office. The U.S. Atty's Office does not wish to get involved in the administrative side of this case and declined to review the letter. Let me know ifyou have any questions. 18

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 84 of 92

Page 1 of2

Erbe, Robert P
Fram:
Sent: Maldonado, Paul Monday, April 14, 20082:23 PM Erbe, Robert P Maldonado, Paul

Ta:

Ce:

SUbjeet: FW: Voorhis Decision Letter

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Fram: Erbe, Robert P

Sent: Friday, January 11, 2008 4:33 PM
Ta: Maldonado, Paul; 'Copp, Jeffrey G'
Ce: 'Maldonado, Paul'

Subject: RE: Voorhis Decision Letter
Jeff & Paul This proceeding was today, correct? If so and it is all over, I recommend you serve the decision letter on Monday with an effective date of Friday. Thanksl Bob
Bob Erbe (520) 670-4776 (rnain line) (520) 940-4473 (cell phone) (520) 670-4789 (fax) Robert. Erbe@dhs.gov

From: Maldonado, Paul

Sent: Wednesday, January 09, 2008 3:08 PM
Ta: Copp, Jeffrey G
Ce: Erbe, Robert P; Maldonado, Paul

Subject: RE: Voorhis Decision Letter
Jeff, I spoke to Bob Erbe and advised hirn of our desire to delay the service of the DAAP decision letter until after the current court proceeding. Bob did not object, I told hirn that I would advise hirn when the proceeding was over. paul

From: Copp, Jeffrey G [rnailto:jeffrey.copp@dhs.gov]

Sent: Monday, January 07, 2008 11:19 AM
Ta: Maldonado, Paul

Subject: FW: Voorhis Decision Letter

J:if?3ojp
SAC Denver (303) 721-3010 (office)

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 88 of 92

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Erbe, Robert P
From: Sent: To:
Ce:

Maldonado, Paul Monday, April 14, 20082:24 PM Erbe, Robert P Maldonado, Paul

Subjeet: FW: Voorhis Decision Letter

From: Maldonado, Paul [mailto:paul.maldonado@dhs.gov]

Sent: Monday, January 14, 2008 8:44 AM
Tc: Erbe, Robert P Cc: Copp, Jeffrey G; Maldonado, Paul

Subject: RE: Voorhis Decision Letter
Hi Bob and good morning. Voorhis' hearing is this week, it starts today and I don't know how many days it is scheduled for. Jeff wanted to wait until this hearing was over before serving Voorhis with the decision letter. Let us know if you see anything flawed with us waiting. Thanks, paul
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From: Erbe, Robert P Sent: Friday, January 11, 2008 4:33 PM Tc: Maldonado, Paul; 'Copp, Jeffrey G' Ce: 'Maldonado, Paul' Subject: RE: Voorhis Decision Letter

Jeff & Paul This proceeding was today, correct? If so and it is all over, I recommend you serve the decision letter on Monday with an effective date of Friday. Thanks!
Bob
Bob Erbe (520) 670-4776 (main line) (520) 940-4473 (cell phone) (520) 670-4789 (fax) Robert.Erbe@dhs.gov
From: Maldonado, Paul Sent: Wednesday, January 09, 20083:08 PM To: Copp, Jeffrey G Ce: Erbe, Robert P; Maldonado, Paul Subject: RE: Voorhis Decision Letter

Jeff, I spoke to Bob Erbe and advised him of our desire to delay the service of the DAAP decision letter until after the current court proceeding. Bob did not object, I told him that I would advise him when the proceeding was over.

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 86 of 92

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From: Erbe, Robert P Sent: Thursday, January 17, 2008 10:53 AM Ta: Copp, Jeffrey G; Maldonado, Paul Subject: Final Decision Letter

Jeff & Paul Attached please find the final decision letter in Voorhis. It is dated today so if you are good with it, you can sign it today and simply fax it to his attorney and mail a copy to Voorhis. If you desire to serve this personally you can have him come into the office since he is a paid status. I looked at what Jeff did in other indefinite suspension cases and in those cases the indefinite suspensions were effected immediately. While Paul and I discussed making effective the first pay period, I recommend we do it sooner so that we are consistent with those other cases. I recommend an effective date of Wednesday, January 23, 2008. That gives him sufficient time to receive the letter via mai!. You really do not have to make a big production out of this and I know we were criticized in the past with the way we served him. It may be best to simply sign the letter today, fax it to his attorney, and mail a copy to Voorhis. Legally, the service does not matter and can only affect whether he files an appeal on time. The MSPB appeal form is also attached which must accompany the decision letter. Let me know if you have any questions. Bob
Robert P. Erbe Associate Legal Advisor U.S. Immigration & Customs Enforcement Labor & Employment Law Division 6431 South Country Club Road Tueson, Arizona 85706 (520) 670-4776 (direct line) (520) 940-4473 (cell phone) (520) 670-4789 (main number) (520) 670-4891 (fax) Robert. Erbe@dhs.gov This document may contain confidential and/or sensitive attorney-client privileged, attorney work product, and/or U.S. Government information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Any release, retransmission or dissemination is considered to be an unauthorized disclosure of confidential information.

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 77 of 92

Page 1 of2

Erbe, Robert P
Frcm: Sent: Tc: Ce: Maldonado, Paul Monday, April 14, 20082:27 PM Erbe, Robert P Maldonado, Paul

Subjeet: FW: Final Decision Letter

From: Maldonado, Paul [mailto:paul.maldonado@dhs.gov]

Sent: Thursday, January 17, 2008 4:08 PM
Tc: Erbe, Robert P Ce: Copp, Jeffrey G; Maldonado, Paul; Rouco, Anthony Subject: RE: Final Decision Letter
Hi Bob, a copy of the letter was fax'd and Fed Ex'd to Voorhis's attorney's office. The original was Fex Ex'd to Cory's home address. I also called Cory this afternoon and I told him that I had Fed Ex'd a package to his residence. I did not discuss the letter with him; the conversation was witnessed by Tony Rouco. paul

From: Erbe, Robert P Sent: Thursday, January 17, 2008 12:43 PM Ta: Maldonado, Paul Ce: Copp, Jeffrey G; 'Maldonado, Paul'

Subjeet: RE: Final Decision Letter

Paul, I put the fax number on the letter near Jeff's signature block. There is no requirernent that it rnust be served personally. We just rnust make sure that hirn and his representative get it. Mai! the original to Voorhis, fax it to his attorney and follow up with a copy to his attorney. It is up to you whether you wanUo call hirn and give hirn a heads up.
Bob Erbe (520) 670-4776 (main line) (520) 940-4473 (cell phone) (520) 670-4789 (fax) Robert. Erbe@dhs.gov

From: Maldonado, Paul

Sent: Thursday, January 17, 2008 12:39 PM
Ta: Erbe, Robert P Ce: Copp, Jeffrey G; Maldonado, Paul

Subjeet: RE: Final Decision Letter
Hi Bob, got some questions, da you have a fax number for the attorney's office. So, this letter only has to be mailed not served upon him?? Da I mai I him a copy or the original and do I call Voorhis and advise him of the letter?? paul

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Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 76 of 92

Pleading Number : 2008005205

Page 1 of2

Erbe, Robert P
Fram: Sent:
Maldonado, Paul Monday, April 14, 20082:28 PM Erbe, Robert P Maldonado, Paul

Ta: Ce:

Subjeet: FW: AlL Request for Voorhis

Fram: Erbe, Robert P

Sent: Tuesday, January 22, 2008 1:33 PM
To: Maldonado, Paul Subject: RE: AlL Request for Voorhis

I think we just denied it and did not provide a reason. You can just put "Denied, due to decision to place on indefinite suspension status."
Bob Erbe

(520) 670-4776 (main !ine) (520) 940-4473 (cell phone) (520) 670-4789 (fax)
Robert.Erbe@dhs.gov

Fram: Maldonado, Paul

Sent: Tuesday, January 22, 2008 1:30 PM
To: Erbe, Robert P Subject: RE: AlL Request for Voorhis
10-4, if disapproved the AlL form (DHS Form 71) request a reason. What verbiage for the denial were used for similar circumstances? paul

From: Erbe, Robert P Sent: Tuesday, January 22, 2008 12:29 PM Ta: Maldonado, Paul Ce: Copp, Jeffrey G; 'Maldonado, Paul' Subject: RE: AlL Request for Voorhis

Jeff & Paul Recommend denial of annualleave request based upon similar cases. Also, if they file an MSPB appeal regarding the indefinite suspension it takes away a possible settlement option. You just have to deny it and fax it back. Let me know.if you have any questions. Bob
Bob Erbe

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Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 74 of 92

Pleading Number : 2008005205

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(520) 670-4776 (main line) (520) 940-4473 (cell phone) (520) 670-478.9 (fax) Robert. Erbe@dhs.gov

From: Maldonado, Paul Sent: Tuesday, January 22, 2008 12:24 PM
Tc: Erbe, Robert P Ce: Copp, Jeffrey G; Maldonado, Paul Subject: AlL Request for Voorhis ,
Good afternoon Bob, this morning during Voorhis' telephonic check in, Cory advised me that on Sunday Jan 20 th , he had fax'd me a AlL request (see attached). What is the procedure with such request considering that Voorhis is scheduled to go on Admin leave with no pay commencing this Thursday. Paul 303-901-6416 (c)

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A 11 A 1...... f\f\O

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 75 of 92

Office

(~r.lllveslig(.{ti()ns

TJ.S. Dcpartmcnt ofHomc!lInd Secul"ify 5445 DTC Parkway, Ste (jOD

Deuver, CO 80111

D.S. Immigration and Customs Enforcement
January 17,2008 MI. Cory V oorhis Senior Special Agent 12038 W. Quincy Place Morrison, CO 80465 MI. V om'his: By letter dated November 2, 2007, the Discipline and Adverse Action Panel (DAAP), proposed you be indefinitely suspended from your position of Criminal Investigator, GS-1811-13, with the Depaliment ofHomeland Security, U.S. Immigration and Customs Enforcement Agency. The proposal was based upon the following reasons:

REAsON 1: Suspended Security Clearance REASON 2: Indefinite Suspension Pending Agency InvestigationlInquiry

You were afforded an opportunity to submit a written alld/or oral reply to the proposed action.
After being granted an extension of time to respond to the proposed action, you presented a written reply tlu'ough your attorney which I received on December 21, 2007. You did not request an oral reply. In your written reply your attorney c1aimed the proposed indefinite suspension (1) violates your rights under the United States Constitution, the Whistleblower Protection Act, and other federal statutes; (2) violates Depaliment ofHomeland Security regulations; (3) is unsuppolied alld unjustified by any competent evidence; (4) is improperly disproportionate, selective and discriminatory; alld (5) improperly retaliates against you and punishes you for exercising your rights and other lawful conduct. I have carefully considered the notice of proposed indefinite suspension along with the materials upon which it is based, as weIl as your written response to the proposed action. I find based upon all the evidence the indefinite suspension should be sustained. In making this determination, I considered that the purpose of an indefinite suspension is not whether certain conduct has occurred but to allow the Agency to examine the conduct in question. In this regard, I found your written response raised more questions than answers and your return to a fuIl duty status cannot be made until such time as there is a disposition of the charges against you alld the issues regarding your security clearance are resolved. Moreover, I found continuing you in an 14
Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 80 of 92

eory D. Voorhis Decision Letter Page 2

administrative leave (excused absence) status until these issues can be resolved would not meet the efficiency ofthe service. While your attorney points out that an ICE public inquiry telephone recording contained inaccurate information, I fully understand the nature of the criminal proceedings against you. I am fully aware that you have not been indicted and the charges against you are contained in a Criminal Information filed by the United States Attorney' s Office. Although this does not amount to probable cause, the agency is not required to show a reasonable cause to believe you cOlnmitted a crime for which a sentence of imprisonment may be imposed when providing an employee the 30-days advance notice under 5 U.S.C. § 75 13 (b). Instead, the Agency must show that your retention in an active duty status could be detrimental to governmental interests. I found that based on your lack of a security clearance and the fact that the United States Attorney' s Office is prosecuting you, this standard has been met. In detennining whether the penalty of an indefinite suspension is appropriate in this matter, I have considered the relevant Douglas Factors. First and foremost, the alleged conduct in question is extremely serious. The preliminary facts indicate that you may have improperly disclosed law enforcement information and that the U.S. Attorney's Office is prosecuting you for improperly accessing NCIC and CCIC. Until these matters as weIl as adecision on your security clearance are resolved, I have lost trust in your ability to perform the duties of a Crirninal Investigator. In addition, while your attorney claims that )rou are being treated differently than other similarly situated individuals who committed more egregious conduct, I was not the deciding official in those other cases. In addition, I did not find the individuals you cited to be identical to your situation. Finally, given the allegations against you my only choices aside from an indefinite suspension are either (1) to return you to the workplace in a non-sensitive position or (2) to allow you to continue to remain in a non-duty pay status (administrative leave). Neither ofthese are a viable option under the circumstances. First, because your security clearance has been revoked, I cannot allow you access to the office. Second, continuing you on administrative leave does not meet the efficiency of the service. The federal taxpayer expects their tax dollars to be used for more worthwhile reasons than having an employee perform no work, while they remain in their residence. As a result, I find an indefinite suspension is in the goven1l11ent's best interest until this matter can be resolved. Therefore, as noted in the proposalletter, this indefinite suspension will remain in effect until either:
1. There is a final adjudication of your security clearance, all appeals of such adjudication have been exhausted, and any appropriate administrative action has been tal<:en; and

2. The agency has concluded its investigation into this matter, or there is sufficient evidence to return to duty or to suppOli an administrative action against you.

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 81 of 92

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Cory D. VOOl'his Decision Letter Page 3

FUliher, you should be aware that if an investigation and/or administrative determination so warrant, removal from the U. S. Immigration and Customs Enforcement may be initiated while you are in an indefinite suspension status. The effective date ofthe indefinite suspension will be Wednesday, January 23,2008. If you feel this indefinite suspension is unwarranted, you may file an appeal with the Merit Systems Protection Board (MSPB). If you wish to file an appeal with the MSPB, your petition for appeal must be filed dUl'ing the period begimling with the day after the effective date of YOUl' indefinite suspension and ending not later than thiliy (30) calendar days after the effective date. A copy of the MSPB regulations can be fOUlld at www.mspb.gov.

If you do not submit an appeal within the thirty (30) calendar day period, YOUl' appeal may be dismissed as untimely. Ifyou decide to appeal to MSPB, you may file your appeal by mail, by facsimile at (303) 969-5109, by commercial overnight delivery, or personal delivery to the Chief Administrative Judge, Merit Systems Protection Board, Denver Field Office, 165 South Union . Blvd, Suite 318, Lalcewood, CO 80228-2211. You must submit two copies ofboth YOUl' appeal and all attachrnents. You mayaiso prepare and file an appeal electronically by using e-Appeal, the Board's Internet filing procedUl'e, at http://e-appeal.mspb.gov. To assist MSPB in processing your appeal, YOUl' petition should advise the regional MSPB office that the following U.S. Immigration & Customs Enforcement official is the person designated to receive the Board's acknowledgement orders and appeals:
Ms. Joan Slous Deputy Chief, Customs and Administrative Law Division Office of Principal Legal Advisor ~ 415 1Street, N.W, Rrn 6100 Washington, DC 20536 (202) 616-7969 -. (202) 514-0455 (fax) As an alternative to the above procedUl'es, you may contest this action through the equal opportunity procedUl'es ifyou feel this action is motivated by discrimination based on race, color, sex, religion, national origin, age, disability, and/or because ofparticipation in the Equal Employment Opportunity (EEO) process. To do so, you must seek pre-complaint counseling from your EEO ServicingOffice by calling the EEO Intalce Line at (202) 732-1230 within 45 days of the effective date of this action.

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 82 of 92

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Cory D. Voorhis Decision Letter Page 4

If you have any questions concerning this letter or your rights or procedures regarding this action, you may contact the Employee and Labor Relations Office, Laguna Niguel, California at (949) 360-3060.

Sincerely,

JeffCopp Special Agent in Charge

Enclosure MSPB Appeal Fonn

cc: William L. Taylor Holland & Hart, LLP Attorneys at Law 555 1i h Street Suite 3200 Denver, CO 80202-3979 FAX: (303) 295-8261

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58 Confirmation Number: 1672339157 page 83 of 92

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cr-00462-JLK-1

3 UNITED STATES OF AMERICA, et al., 4 Plaintiff, 5 vs. 6 CORY VOORHIS, 7 Defendant. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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REPORTER'S TRANSCRIPT (Hearing on Motions)

Proceedings before the HONORABLE JOHN L. KANE, JR., Judge, United States District Court for the District of Colorado, comrnencing at 10:09 a.m., on the 14th day of January, 2008, in Courtroom A802, United States Courthouse, Denver, Colorado.

25

Proceeding Recorded by Mechanical Stenography, Transcription Produced via Computer by Gwen Daniel, 901 19th Street, Room A259, Denver, Colorado, 80294, 303.571.4084

EXHIBIT

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Pleading Number : 2008005205 Submission date : 2008-05-09 19:54:58

I
page 45 of 92

Confirmation Number: 1672339157

DE·O'i'>.;2-~-61"l9-I-1

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(Jeffrey G. Copp was sworn.)
THE COURTROOM DEPUTY: State your full name for the

record and speIl your first and last name. THE WITNESS: C-O-P-P. Jeffrey G. Copp. J-E-F-F-R-E-Y, Copp is

C·

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DIRECT EXAMINATION

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 46 of 92

Jeffrey G. Copp - Direct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. PHILLIPS: Q. A. Where are you employed, sir?

8

I am a special agent in charge for Immigration and Customs

Enforcement in Denver.
Q.

What is your background with ICE? I have been with ICE since the marriage of 2003. Prior to

A.

that I was an agent with the U.S. Customs Service.
Q.

How long have you been a special agent in charge here in

Denver? A.
Q.

For almost four years. What are your duties as far as being the special agent in

charge? A. I supervise all the criminal investigations for the states

of Montana, Wyoming, Colorado, and Utah. Q. Generally describe the chain of command within your Denver

office. A. I am in charge of the office. I have two assistant special

agents in charge.
Q.

Under them I have five group supervisors.

Who are the two assistant special agents in charge? Paul Maldonado is one and the other one is Mike Masto. Were you on duty October 16, 2006? Yes, I was. And what event related to this case occurred that day? I had a call from Bob Campbell, who is the director of the He asked me to ask

A. Q. A. Q. A.

Colorado Bureau of Lnvestigations.

Pleading Number : 2008005205

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page 47 of 92

Jeffrey G. Copp - Direct
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
.!
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Agent Cory Voorhis why he might have ran the name of Walter Ramos in the Colorado database. Q.
A.

Did you know Director CantweIl before that call? Yes. And how often would you interact with hirn? Monthly. Were these sorts of calls between the two of you unusual or

Q. A. Q.

was that just part of the nature of your employment? A. Q. It wasn't unusual at all to talk several times. Did Director CantweIl give you any sort of an indication

why he was interested in that matter? A. No, but I understood the probe that was going on through I asked Bob if he

the information on the politica+ campaigns.

was trying to clear the names that he had on his list from people he had run.
Q.

What did you mean as far as clearing names on the list? I figured there was probably a long list with being on

A.

the -- being in the media as much as it was. Q.
A.

Did you take Director Cantwell's request to be unusual? No. What did you do in response to that request? I called my ASAC Paul Maldonado and had hirn contact Cory

Q. A.

Voorhis and bring hirn to my office. Q. A. What happened after that? I told Cory I needed to know why he ran the name of Walter

{
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Pleading Number : 2008005205

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Confirmation Number: 1672339157

page 48 of 92

Jeffrey G. Copp - Direct 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ramos in the computer.

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Cory told me he had an attorney and his

attorney instructed hirn not to say anything. Q. A. Who was in the office at that time? Myself and Paul Maldonado. What was your reaction to that? I was very taken aback. That is not Coryls normal demeanor

Q.
A.

with uso Q. A.

He was usually pretty cordial between the two of uso

Were you surprised? Very surprised. Why were you surprised? Because Cory had always been, you know, open, willing to I was surprised that he would talk this

Q.
A.

talk about anything. way to me. Q. A.

After Mr. Voorhis told you that what did you da next?

r told hirn to leave my office.

He left and Paul Maldonado

followed hirn out of the office. seconds later.

They came back about ten, 15 Listen, I just need to

I told Cory, I said:

know why you ran the name.

And he told me that he had an

anonymous informant -- I l m sorry, he had an anonymous call and he was running the name to see if he could open a case. Q. A. Q. Did anything further happen in the office? No. I said "thank you," and they left.

From the time that Mr. Voorhis and your ASAC Paul Maldonado

entered your office until the time that Mr. Voorhis left the second time, how much time do you think elapsed?

Pleading Number : 2008005205

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Jeffrey G. Copp - Cross
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thing he told you is that he had a lawyer and that he wasn't going to be making any statements about this matter? A. Q. A. Q. That's correct. And at that time you told hirn to get out of your office? That's true. And then a moment later he came back to your office; is

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that correct? A.
Q.

That's correct. And when he came back to the office you, notwithstanding

the fact that he had told you that he was not going to make any statements, that he had exercised his right to remain silent, asked hirn a question, correct?
A.

12
13

Yes. And what did you ask hirn? I said: I just need to know why you ran the name.

14 15 16 17 18 19 20

Q. A.
Q.

And when you asked hirn that question he answered? He answered, yeah. And what did he the tell you? He told me he got an anonymous call, and he was looking at

A.
Q.

A.

the name to see if he could open a case on it. Q. When he told you he had a lawyer, he didn't just tell you

21
22 23 24 25

he had an attorney, he actually named the attorney that he hired, correct? A. He did not give me the name of the attorney, he just said

he had an attorney.

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 50 of 92

Jeffrey G. Copp - Cross 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Q. A. Q. That's correct. And he answered that question? Yes. Mr. Copp, it's true that you are not only the SAC in

27

Denver, but you are also chiefly responsible for deciding what disciplinary actions would be taken with respect to anybody under your command? A. Yes. You are in fact what is known in the language of personnel

Q.

management in the federal government as a, quote, "deciding official," close quote; isn't that right? A. Q. Yes. Tell me what a deciding official does in a disciplinary

action. A. They decide what punishment or not will be handed down to

the individual.

Q.

All right.

Agent Copp, before you became a supervisor you

were a line agent at some point? A. Q. Yes, I was. And when you were a line agent were you ever called in to

ans wer questions by the SAC of your agency? A. Q. Yes, I was. And was that a situation, Agent Copp, that was completely

comfortable for you?
A. No.

,

/ I
\

25

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 51 of 92

Jeffrey G. Copp - Cross 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE COURT:

40

Mr. Copp, for the benefit of the reporter

can you spell Mr. Masto's name. THE WITNESS: THE COURT: BY MR. TAYLOR: M-A-S-T-O. Thank you.

Q.

Mr. Copp, you are the deciding official for proposed

personnel action against Special Agent Voorhis, aren't you? A. No, sir. You are not? I recused myself from that. Ah. So you were originally designated as the deciding

Q.
A.

Q.

official on that case? A. Q. A. Yes. When did you recuse yourself? Several months ago. As of October 16th of 2006 the ordinary presumption would

Q.

be that you would be the deciding official with respect to any proposed adverse action against Mr. Voorhis; isn't that correct? A. Q. Yes. And it's cornmon knowledge inside the agency, Mr. Copp, that

you would be the deciding official on such matters for most of your agents, correct? A. Yes. In other words you are routinely the deciding official?

("
"
~

25

Q.

Pleading Number : 2008005205

Submission date : 2008-05-09 19:54:58

Confirmation Number: 1672339157

page 52 of 92


				
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Description: Documents regarding investigations into Denver ICE officials involved in the prosecution of Cory Voorhis