Subject: Fw: Summary of SA Dunn situation
From: "Eileen deParrie" <[email-masked]>
To: <[email-masked]>
Date: Sat, 28 Jan 2017 13:52:44 +0000 (UTC)

Hi Hunter - Here is the summary from our lawyer. I also included this summary from DHS OIG - see below. There is so much to be outraged about - but the fact that Xavier is about to retire and they are going after Cheryl is disgraceful. We are flying to DC next week to fight for them to not cut her pay. I cannot tell you how grateful I am for you and your family. It has been an extremely emotional and hard time for us - but rest assured, we are here for each other and will come out stronger because of this. Please do not hesitate to reach out if you have any questions on any of this. Give my best to everyone .... thank you!

| USSS | GS-15 | 09/30/2015 | We investigated a senior Secret Service employee who was accused of indecent assault on a subordinate employee. We were unable to determine whether an indecent assault occurred, but found that the senior employee engaged in inappropriate behavior with the subordinate employee and provided a material false statement to the OIG. The USAO declined criminal prosecution of the alleged assault. We referred our findings to the Assistant Director, Office of Professional Responsibility, Secret Service. |

     
----- Forwarded Message -----
 From: Paul Kiyonaga <[email-masked]>
 To: 'Cheryl Dunn' <[email-masked]>; 'Eileen deParrie' <[email-masked]> 
 Sent: Friday, January 27, 2017 7:37 PM
 Subject: Summary of SA Dunn situation 
   
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 o   Being selected to serve as the Task Force Supervisor for the upcoming year of 2017 in the Austin Resident Office; and  o   Multiple performance awards.  ·         From 2008 to 2013, SA Dunn served on the Vice President’s Detail – a singular honor.  ·         SA Dunn is openly gay and has been married to her partner, Eileen Dunn, since August 3, 2013.    ·         Before the events at issue, SA Dunn had an unblemished record with the USSS and her judgment and integrity had never been questioned.  ·         From September of 2013 until April of 2015, SA Dunn worked under the supervision of Deputy Special Agent in Charge (DSAIC) Xavier Morales in the Security Clearance Division (“SCD”) at the USSS District of Columbia headquarters building.  DSAIC Morales is married to USSS DAD Yvonne Dicristoforo.    ·         On 03/31/15, SA Dunn attended a going away party for DSAIC Morale near the headquarters building.   SA Dunn, at DSAIC Morales’ insistence, stayed after the party broke up to have another round of drinks with him.  SA Dunn was with him at a booth when DSAIC Morales told her he “loved” her, indicated he wanted to have sexual relations with her, reached towards her with his hands and tried to kiss her.  SA Dunn did not take his physical gestures seriously, as she is gay and married; has absolutely no interest in being intimate with a man; and often interacts with male colleagues in a physical, “bro” fashion.     ·         SA Dunn and DSAIC Morales left the restaurant to go back to headquarters a block away.  When they reached SCD, DSAIC proceeded to viciously sexually assault SA Dunn, slamming her up against the corridor wall.  After an intense struggle, SA Dunn, who was armed, was able to subdue him and end the assault.  Later photos of bruising on SA Dunn’s arms, legs and upper thighs provided compelling evidence of the assault.   ·         On 04/02/15, SA Dunn, with tremendous trepidation and knowing full-well the culture of retaliation at USSS, SA Dunn decided to report the assault by her supervisor to USSS.    ·         On 04/08/15, the Washington Post reported on SA Dunn’s complaint of sexual assault, citing it as yet another case of severe misconduct plaguing the USSS.   ·         Per standard procedures, an investigation by DHS-OIG and MPD into the complaint ensued.  During the investigation, SA Dunn, who cooperated fully in all regards, was shown a video from the restaurant, allegedly showing her being “flirtatious” with DSAIC Morales – holding his hands and allowing him to kiss her.  When the USAO showed SA Dunn the video, she became distraught precisely because she had no recollection of the degree of physical interaction that evening with DSAIC Morales, including that he had tried to kiss her, and felt as though the tables were being turned against her, the sex assault victim.  The USAO, incredibly, declined to prosecute DSAIC Morales.    ·         In September 2015, SA Dunn was assigned to the USSS Austin, TX office where she later served on the Trump protective detail and also secured a civil forfeiture seizure of proceeds valued in excess of $530,000.    ·         On 09/23/16, SA Dunn was advised she was being placed on paid admin leave as DHS was proposing to revoke her security clearance.  Per the revocation notice from DHS, SA Dunn, while married to her spouse,  had allegedly engaged in inappropriate conduct with DSAIC Morales; lacked candor by not revealing her physical interactions with DSAIC Morales at the restaurant; and had consumed alcohol to excess that evening.   Without a security clearance, SA Dunn will no doubt be removed from USSS and will be precluded from federal law enforcement positions.  ·         On 11/16/16, SA Dunn submitted a detailed, point-by-point written response to all the issues raised in the 09/23/16 letter.  She unequivocally asserted in an affidavit that she did not intentionally withhold any material information about the night in question.  In support of the response, a renowned former US Army psychiatrist, Dr. Elspeth Ritchie, provided a report, opining that SA Dunn clearly suffered a concussion during the assault, which may have partially affected her immediate recall of the exact details of the relevant events; she also concluded that, based on the evidence, SA Dunn, a social drinker, had not consumed alcohol to excess that evening.  Per the response, the very idea that SA Dunn’s allegedly “flirtatious” behavior with DSAIC was somehow material to the investigation is deeply offensive, as it suggests that those interactions provided “consent” to the later sexual assault.  The response also summarizes egregious instances of misconduct by male USSS officials that have not resulted in security clearance revocations, as well as examples of the deep-rooted culture of retaliation against whistle-blowers at the agency.  ·         That same day, 11/16/16, SA Dunn received a Memorandum of Proposed Indefinite Suspension (“Memorandum”) from USSS, proposing to suspend her indefinitely without pay for alleged “Failure to Maintain Top Secret Security Clearance – Suspension, Offense Code 5.16.”  SA Dunn has responded to this Memorandum in writing and will be providing an oral response on 02/02/17.  If she is suspended without pay, the result for SA Dunn and her spouse will be devastating.    ·         In December 2016, SA Dunn, through counsel, filed a complaint of whistle-blower retaliation against the USSS with the Office of Special Counsel.  The OSC accepted to complaint, is investigating the matter and is currently awaiting requested documents from USSS.  ·         In December 2016, SA Dunn also filed an EEO complaint with the agency, alleging discrimination on the bases of gender/sexual orientation and retaliation specifically for her EEO activity in disclosing the sexual assault by DSAIC Morales.  The EEO complaint is in the investigation stage.  ·         In December 2016, SA Dunn’s counsel met with senior staff of the House Committee on Government Oversight and Reform, who expressed tremendous concern about SA Dunn’s situation.  SA Dunn is scheduled to meet with these staffers on 02/01/17.  The following day, SA Dunn is scheduled to provide an oral response to the USSS proposal to suspend her with pay.    ·         We understand that DSAIC Morales remains on paid leave at the USSS and is set to retire in April 2017.  In other words, it does not appear that his security clearance was revoked (resulting in unpaid leave), even though he was the one who assaulted SA Dunn and even though we understand he was found to have affirmatively lied during the sexual assault investigation.  Meanwhile, SA Dunn stands to lose her pay and eventually possible her security clearance and job because she had the temerity to report this heinous assault by her supervisor.  This situation is appalling and emblematic of USSS’ history of retaliation against whistleblowers, particularly women who take the excruciatingly difficult step of complaining about sexual assault within the ranks.  Paul Y. KiyonagaKiyonaga & Soltis, P.C.910 17th Street, N.W.Suite 800Washington, D.C. 20006Tel: 202-363-2776Fax: 202-363-2749http://www.kiyosol.com NOTICE:
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