U.S. Marshals: More Than Just Another Justice Agency

Arizona Free Press
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During the last week of June, U.S. Marshals (USMS) from the District of Arizona, along with a mix of local law enforcement and federal agencies, cleared warrants with the apprehension of state and local fugitives through what has become known as Operation FALCON. Operation FALCON (Federal and Local Cops Organized Nationally) is a nationwide fugitive apprehension operation coordinated by the United States Marshals Service. The resources of federal, state, city and county law enforcement agencies are combined to locate and apprehend criminals wanted for crimes of violence. Operation FALCON, led by the U.S. Marshals Service and now in its fifth iteration, is the largest, most successful fugitive apprehension effort in U.S. history. Nearly 37,000 fugitives have been arrested thus far during previous FALCON operations. At 5 a.m. on Thursday, June 26, I had the opportunity to accompany one of eight teams throughout the Valley in their effort to clear warrants. Joined by local Mesa police and probation officials, our first early morning stop netted a fugitive wanted on two assault charges, along with a cache of drugs and paraphanelia, including 41 grams of methamphetamine and marijuana. The suspect was taken into custody without incident and the 7-man team methodically proceeded to clear a few more of the 70,000 warrants in Maricopa County alone. As the morning progressed, additional fugitives wanted for dangerous drugs, assault and a gamut of other charges, were apprehended, including two not on the current day's list, but found nonetheless with outstanding warrants. As of noon, Friday, June 27, 292 warrants have been cleared statewide. The United States Marshals Service has teamed up with state, county, local and other federal law enforcement agencies across the nation to identify, investigate and apprehend violent offenders, gang members, sex offenders and drug dealers wanted on felony charges throughout the United States. Beginning June 1, 2008, Operation FALCON 2008 continued the four year tradition of arresting as many fugitives and violent crime impact players as possible. The U.S. Marshals is the federal governments primary agency for conducting investigations involving escaped federal prisoners, probation, parole and bond violators, and fugitives based on warrants generated during drug investigations. The agency is the custodian of all federal arrest warrants until execution or dismissal. For more than 20 years, the agency has specialized in apprehending fugitives. In fiscal year 2007, the Marshals apprehended more than 36,000 federal fugitives, clearing more than 38,900 federal felony warrants more than all other law enforcement agencies combined. Working with authorities at federal, state and local levels, Marshals-led fugitive task forces arrested an additional 58,663 state and local fugitives, clearing 70,329 state and local felony warrants. Although the U.S. Marshals Service is one of the nation's oldest, having served our country since 1789, they are perhaps the least known among the federal agencies. Once their versatility becomes apparent, initial thoughts might wonder why this group of Deputy Marshals and Criminal Investigators who comprise 94 districts, don't garner more attention than a few blips here and there on media screens. The apparent lack of attention becomes even more surprising when one considers that more than half of all federal fugitives, including foreign fugitives believed to be in the U.S., are apprehended by US Marshals. In addition to locating, apprehending, and extraditing federal fugitives, the 3200+ Federal Marshals also protect federal judicial officials, including judges, jurors, U.S. attorneys, and visiting dignitaries; play a vital role in courthouse security; ensure the safety of witnesses via the Witness Security Program; transport prisoners through what is known as JPATS (Justice Prisoner and Alien Transportation System), also known among the ranks as Con Air; house federal detainees who are awaiting trial or transfer to a designated facility; and manage and dispose of forfeited properties. In 1983, the U.S. Marshals established the 15 Most Wanted Fugitive Program in an effort to prioritize the investigation and apprehension of some of the countrys most dangerous and high profile fugitives. These felons tend to be career criminals with histories of violence, and they pose a significant threat to public safety. Current and past 15 Most Wanted fugitives have included murderers, sex offenders, major drug kingpins, organized crime figures and individuals wanted for high-profile financial crimes. They are generally considered the worst of the worst. Fugitive cases may be drawn from U.S Marshals primary jurisdiction cases, cases sent to a USMS fugitive task force by another federal agency, state/local cases that have been adopted by USMS task forces, or cases referred to the National Center for Missing and Exploited Children. Since the program began, 185 of the 15 Most Wanted fugitives have been arrested. In FY 2007, the U.S. Marshals captured three of them. Yet, after spending time with these guys over the last three years, it becomes apparent that this low-key, federal enforcement agency is more concerned with getting the "bad guy," than with personal ego or image-hogging media attention than many of its judicial counterparts. Seemingly unique to the U.S .Marshals is the humble creed, "we don't care who gets the credit as long as the bad guys are off the street." It is, perhaps, this modest, unpretentious attitude that makes them so successful at what they do and at the same time, makes them so imperceptible to the public. They are always, a polite, respectful group, lacking the arrogance that will sometimes accompany a badge and authority. Although U.S. Marshals are primarily concerned with clearing federal warrants, they are more than willing to assist local law enforcement agencies. As an example, let's say a Gila County sheriff's deputy is attempting to serve a warrant and believes the fugitive may be hiding in the Phoenix area. All he or she needs to do is pick up the phone and place a call to the Phoenix U.S. Marshal's office and provide the information on the fugitive. The USMS has a distinguished history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. In addition, the agency leads ad-hoc fugitive task forces that operate in response to a targeted group of fugitives or a specific case such as when an inmate escapes from prison. District fugitive task forces are the backbone of the Marshals fugitive apprehension efforts. Combining the resources of Marshals district offices with other federal, state and local agencies, these task forces provide an extremely effective network of investigators dedicated to catching fugitives. The USMS is responsible for tracking fugitives who flee the territorial boundaries of the United States. The agency has also been designated by the Department of Justice to locate and apprehend fugitives wanted by foreign nations and believed to be in the United States. The agency has the statutory responsibility to extradite international and foreign fugitives after they are captured. In FY 2007, the Marshals successfully completed a record 772 extraditions/ deportations from 64 countries. On July 27, 2006, the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) was signed into law. The Act provides that the Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. In furtherance of the Adam Walsh Child Protection and Safety Act of 2006, the United States Marshals Service assists jurisdictions in locating and apprehending sex offenders who fail to comply with their sex offender registration requirements, and serves as the lead agency responsible for investigating violations of the act and related offenses. The United States Marshals Service (USMS) is also responsible for the custody of pre-trial prisoners in the Federal judicial system and for obtaining adequate detention space to house USMS prisoners in their custody. Prisoners are housed at a number of facilities around the state. The facilities in which a prisoner in housed normally is dependent upon where his court case is heard. A large share of the USMS budget includes payments (millions per month!) to jail facilities, which in Arizona include the Central Arizona Detention Center in Florence, Maricopa County Durango Jail, Maricopa County Estrella Jail, Maricopa County Madison Street Jail, the Federal Correctional Institution-Tucson, Yuma County Detention Center, Coconino County Jail in Flagstaff, and Yavapai County Jail in Prescott. The Marshals Service assumes custody of individuals arrested by all federal agencies and is responsible for the housing and transportation of prisoners from the time they are brought into federal custody until they are either acquitted or incarcerated. The responsibility for the detention of prisoners is challenging in its diversity and complexity. Deputy marshals must resolve issues such as: arranging for the hospitalization and care of prisoners with terminal illnesses or contagious diseases; finding lodging for dependent children of prisoner and alien material witnesses; and deciding whether the Marshals Service will grant the transfer of prisoners to state authorities pursuant to state writs. The Marshals Service relies on state and local jails as well as Bureau of Prisons detention facilities to provide medical care inside the facilities. However, the Marshals Service is responsible for providing a secure escort and for paying for care when a prisoner must go to medical facilities in the local community. The Marshals Service relies on state and local jails as well as Bureau of Prisons detention facilities to provide medical care inside the facilities. However, the Marshals Service is responsible for providing a secure escort and for paying for care when a prisoner must go to medical facilities in the local community. The Marshals Service faces an increasing number of prisoners suffering from extremely complex medical problems, such as cancer, terminal AIDS, and liver and kidney failure. The Marshals Service is increasingly concerned with protecting its staff, other prisoners and the general public from exposure to infectious diseases such as active tuberculosis. These cases present a distinct challenge to the already limited agency personnel resources. There is truly so much more, enough that we could easily fill each page of this newspaper with all of their accomplishments. The next time you see a story on this little-known agency, take a moment and remember it is just a small piece of all this remarkable group does each and every day.