Dana's Dilemma

Chapter 3 – Settling Up

Chapter 3 – Settling UpTuesday, June 10th, 2014

I spent the morning using the desk and phone in Mel’s den to consult with my supervisors and the investigative teams in Columbus and Chicago about my status and the status of the prosecution of the suspects in my prior smuggling case. Minor investigations and discovery were ongoing in the case and there was still agency infighting going on between Customs and the other two federal agencies that had skin in the game.

This case could take a couple of years to resolve...years of me sitting behind a desk like this one if Customs decided that was what’s best to do with me. I don’t want to sit behind a desk – any desk – for two more weeks, let alone two years or more!

The more I thought about it, the more I realized that Mel was right; I needed to be frank with HR about my condition and let the chips fall where they might. As it turns out, they didn’t have very far to fall at all.

––––––––

I was still sitting at Mel’s desk reading through some paperwork the Columbus supervisor had emailed to me when the phone rang. The caller ID said “Restricted.” Not knowing who the caller might be or even if it was for me, I answered the phone tentatively, “Hello?”

“Special Agent Rossi?”

“Yes. Who’s calling please?”

“This is Alvin Royer. I’m the Director of Operations for the Chicago Field Office.”

I know who you are...I may be injured but I haven’t lost my mind! “Yes sir; how can I help you?”

“This is a conference call Agent. The Deputy Director and the Director of HR from the home office are also on the line.”

Oh boy! What the hell? “Yes sir.” Now my voice trembled. Anything HQ gets involved in can’t be good. I hadn’t actually made a call to HR yet. Somebody in the Cleveland Office or the Field Office must have barked up the chain quickly this morning. I drummed my fingers on the desktop nervously.

“Relax Agent, we have some information to present to you and we’d like your input.”

“Okay?” I was confused and concerned and a jumble of other feelings and emotions all at the same time. My thoughts were running a million miles an hour through my head.

“This call is being recorded Agent Rossi. For the record, please state your full legal name.”

“My name is Dana Marie Rossi.”

“Thank you. Director?”

“Agent Rossi, this is Deputy Director Stover.”

“Yes sir?”

“You did a fine piece of work Agent on the smuggling case. Nice job.”

“Thank you sir.” But why are you calling me? This is so not normal!

He continued, “I understand that you were shot in the act of executing a bust on the operation?” He paused but only briefly. I took his question as rhetorical.

“Bullet fragments from your leg were collected during your surgery and analyzed by a national laboratory; were you aware of that?”

“No Director, I was not.”

“Yes, well analysis on the fragments indicates that the round that hit you was from federal issue, agent. You were hit by friendly fire. That never should have happened.”

I snapped back in Mel’s rolling chair, speechless. I had suspected that the shot that hit me that night had come at the hands of either ATF or Secret Service, the other two agencies trying to claim jurisdiction over my bust, but I was powerless to prove it either way.

“Rossi?”

“Yes Director...I’m sorry.”

“ATF denies having agents flanking from outside that night. Their official position is that all of their agents dismounted their single arrival vehicle to the farm bust site at the same time as you and your team or immediately after your team and in the same vicinity of you. What’s your take on that?”

“ATF had one van of multiple personnel that arrived at the bust site within minutes of our arrival there, sir. When my team dismounted we started taking fire from the farm fields out behind the site, across from our approach route. A PA announcement to “Cease Fire” from the ATF van that came in behind us is what stopped the shelling.”

“That’s interesting Agent. I wasn’t aware of the cease fire order. Please, continue.”

“That’s detailed in my report sir however, my impression is that ATF called the cease fire in hopes of protecting their own people who were attempting to dismount their van and raid the barn structure too and not because it was their people out there firing. I believe they had reason to suspect that it was another agency in the field and not representatives of the smuggling ring we were both trying to take down. I just couldn’t prove it.”

“So your unofficial take on that at the time was what Rossi?”

“Again, as detailed in my official report sir, I had two agents staged covertly in the field at the bust site who were taken into custody by Secret Service and brought into the target building handcuffed by a group of four of their agents. It was quite the cluster that night Director, if I may be so blunt, but I strongly believe that it was Secret Service firing on us and on ATF from that field.”

“I did read your report Rossi. I missed the part about the cease fire and I apologize for that. Bullets, shell casings and, where possible, bullet fragments are collected as a matter of routine when a federal agent is shot in the line of duty. That report of yours is what prompted the Field Office to have the bullet fragments sent for analysis.”

“Yes sir.”

“I’d already made some conclusions about who or what agency fired the shot that hit you after reading your report personally and now the analysis of the bullet fragments has born that out. I wanted to hear the details from you personally. As I suspected, you already knew who shot you.”

“Not who exactly sir; but I do believe that Secret Service is responsible.”

“Yes agent.” His response was a confirmation.

“So what will come of that? Have they admitted responsibility?”

“Director Royer, would you please respond?”

“Agent Rossi, it’s Director Royer again.”

My head was spinning again, “Yes sir?”

“As I told you, the Director of HR is on the call with us as well. I believe you’ve been in touch with HR here at the Chicago Field Office previous to the recent incident that’s done further damage to your injured leg?”

“That’s correct sir.”

“The field office passed your file along to the home office. HR retained medical experts have reviewed the medical records you had authorized to be released to them up to the point before this recent incident not related to your previous case Agent Rossi. It’s the professional opinion of the reviewing surgeon that you’re going to suffer lifetime impairment not withstanding your latest re-injury. Is that your understanding?”

“Ye...yes sir.” His double speak was mind blowing but I got the thrust of the conversation and I didn’t like where it was going.

“The record of your conversation with HR here at the field office shows that you wish to continue doing field agent work; is that correct?”

“Yes director.” Is there a snowballs chance...

Another voice chimed in, “Agent Rossi, this Sarah Evans, Director of HR.”

Wow...nothing like being ganged up on...This is crazy! “Yes Director?”

“Sarah is fine Agent Rossi.”

“Yes ma’am...Sarah.”

“It’s not possible for us to keep you in the field as a Special Agent, given your medical condition. There are though a couple of other options available to you.”

I was hunched over the desk now and leaning hard into the phone. I don’t like her tone.

She continued, “With reasonable accommodation we can put you into an administrative or screening position. You would retain your current rate of pay.”

“Screening as in, checking baggage for drugs?”

“That’s one of the functions of our screening personnel, yes.”

“What’s the other option, Sarah?”, because the first one is completely unacceptable. I was getting angry. I took a deep breath and blew it out hard.

“You can opt for medical disability retirement, a settlement and full medical coverage at the expense of the Secret Service.”

“Pardon me, did I miss something? Did Secret Service agree that one of their agents was the trigger man that shot me?”

“Agent, its Deputy Director Stover. The Secret Service has admitted to no wrongdoing. Based on our preliminary findings they have agreed to fund the cost of your medical bills no matter what your decision is on your future with the Customs Service. Should you opt for medical retirement, you have the option to sue them for pain and suffering. To avoid a lawsuit, if you waive your right to sue, they’re prepared to fund your disability retirement and offer you a settlement.”

Wow! “What type of settlement? Are we talking money here Director or am I misunderstanding?”

“The settlement is calculated by an actuarial formula Agent. It’s based on your expected lost earnings, expected wage increases, pain and suffering and a few other factors. They’re offering $1.2 million dollars.”

I almost fell out of Mel’s chair. “You said million?” I just shook my head, dumbfounded.

“Yes Agent Rossi and, if I may be so frank: if you sue, it could take years to get through the courts and you may lose. If you’re considering medical retirement over an administrative position rather than a field position, this is likely the best offer you’re going to receive from them.”

I covered the receiver and took a couple of more deep breaths. They didn’t help to clear my head. $1.2 million dollars! I realized they were all waiting on the line for my response. I tried to speak but what came out was more like a croak.

“Agent Rossi, are you all right?” It was Sarah Evans.

I cleared my throat, “I’m fine. Can you tell me when I have to make a decision?”

“It’s Director Royer again Agent. We need to continue to move forward on the smuggling case. If you choose to stay with customs, you’ll be tasked to brief up a backup Agent and then you’ll be moved into a new position. You’ll be reassigned away from the investigation and only used for court testimony should that become absolutely unavoidable. The bottom line is, we need to know something this week.”