Cuban Spy Nicolás Sirgado Passed CIA Polygraph Three Times

Cuban Interior Ministry Officer Nicolas Sirgado (1935-2013)

Cuban Interior Ministry Officer Nicolas Sirgado (1935-2013)

On 17 April 2013, Cuban intelligence officer Nicolás Alberto Sirgado Ros1 died at the age of 77 years according to a short notice published on 19 April by Granma, the official newspaper of the Cuban Communist Party. Cuban website CubaDebate published a lengthier profile of Sirgado, noting that he worked as a double agent for Cuba against the CIA for ten years beginning in 1966. Miami-based website CafeFuerte also profiles Sirgado, adding that “on three occasions, he was subjected to lie detector testing, without his real mission being discovered.”

Sirgado discussed his experience working against the CIA in an interview transcribed in a document titled “CIA: Cuba Accuses” that was published in English in Cuba in 1978. When asked “Did they ever use a lie detector on you?” Sirgado replied:

Yes, they used a lot of security measures. They used the lie detector three times. Sometimes there were lie detector sessions that were more than two and a half hours long.

Clearly, the CIA’s aim in using this method is not so much to find out whether or not you’re lying as to break you down, humiliate you, impose machine over mind.  Whether or not it’s effective, the method really seeks to humiliate and denigrate.  It’s a reflection of this espionage organization, built upon mistrust and of the lack of moral values to support its activities.

Sirgado is not the only Cuban double agent to fool the polygraph. DIA officer Ana Belen Montes passed the polygraph at least once while spying for Cuba. And former CIA officer Robert David Steele writes, “Two of my classmates got wrapped up in Cuba (and appeared on international television) because the Cuban double-agents all managed to pass the polygraph.”

Make-believe science yields make-believe security.

  1. The Granma article provides “Ross” as his maternal family name, but this appears to be a clerical error. []

Vice President of Polygraph Manufacturer Limestone Technologies Charged with Sexual Assault

 

Limestone Technologies VP Tyler Buttle at his arraignment

Limestone Technologies Vice President
Tyler Buttle at his arraignment

Limestone Technologies vice president Tyler Buttle faces a 5 June 2013 pre-trial hearing on charges of assaulting with intent to rape a woman he met at a conference on sexual abuse. The conference, held 10-12 April 2013 in Marlborough, Massachusetts and co-hosted by the Massachusetts Adolescent Sex Offender Coalition and the Massachusetts Association for the Treatment of Sexual Abusers, was titled, “Preventing Sexual Violence Through Assessment, Treatment and Safe Management.”

According to CBS Boston, Buttle , who is married with one child, paid to attend the conference in order to sell equipment for Limestone. CBS describes the alleged assault thus:

Prosecutors say he met the woman while attending a conference on Thursday at the Best Western Royal Plaza in Marlborough.

According to the police report, the woman “obtained a ride” with Buttle later that night.

Prosecutor Julianne Richard says Buttle drove the woman from the Westender bar in Marlborough to a remote parking lot near the Pheasant Hill Community in Northborough, where he assaulted her.

Police say he reached under her dress, and touched her buttocks.

“The victim attempted to run away from the suspect, however the suspect ran after the victim, (led) her back to his vehicle, and assaulted her again,” the police report stated.

Investigators say the woman escaped a second time, ran off, hid in some bushes, and eventually knocked on the door of a home on Main Street around 2 a.m. in the rain.

The homeowner called 911 and police tracked down Buttle back at the Best Western, where he was staying.

A report by Matt Stout of the Boston Herald adds that according to Northboro Detective Sergeant Brian Griffin, the victim knocked at the homeowner’s door “soaking wet and barefoot.” A report by Sam Bonacci and Charlene Arsenault of  website MarlboroughPatch adds, “[B]uttle crashed his truck after leaving the scene of the assault, but the vehicle was drivable, with only minor damage to property on Main Street in Northborough, said police.”

Buttle, of Inverary, Ontario is free on $5,000 bail. According to MarlboroughPatch, the specific charges he faces are indecent assault and battery and assault with intent to rape.

Limestone Technologies of Odessa, Ontario, Canada is one of four major polygraph instrument manufacturers in North America. On his Linkedin profile, Buttle describes his responsibilities at Limestone thus:

Screen shot 2013-04-23 at 5.31.52 AM

 

Buttle also lists himself as a member of the American Polygraph Association and the American Association of Police Polygraphists.

Update: Tyler Buttle is not the first member of the polygraph community to face allegations of misconduct of a sexual nature:

  • RCMP polygrapher Donald Ray “was suspended for 10 days without pay, given a formal reprimand, and demoted one rank from staff sergeant” after an internal investigation sparked by an anonymous tip in 2009. Among other things, Ray reportedly exposed himself to a female subordinate and asked her to touch his penis;
  • In 2007, Australian polygrapher Charles Rahim was caught in a hidden camera investigation asking examinees non-pertinent questions about the most intimate details of their sexual behavior;
  • In 2010, polygraph operator Ronald P. Bae of Cottonwood, Alabama was indicted for felony sexual abuse;
  • In 2011, polygraph examiner William McCallister of Lake Wales, Florida was arrested for sexual assault, and in 2012 he was again arrested and charged with 31 counts of possession of child pornography;
  • In 1999, Eric J. Holden of Texas, a past president of the American Polygraph Association, was prohibited from serving as an instructor at the Texas Department of Public Safety Polygraph School after a sexual harassment complaint against him was sustained.

Discredited Lawyer Promotes Discredited Lie Test

F. Lee Bailey

F. Lee Bailey

Disbarred criminal defense lawyer F. Lee Bailey will be the keynote speaker at a seminar jointly presented by the American Polygraph Association and the Maine Polygraph Association next Wednesday to Friday, 24-26 April 2013 in Saco, Maine. The stated purpose of the seminar is “to educate lawyers, investigators, therapists, probation and governmental officers and members of the judiciary on the current state of polygraph – often referred to by the misnomer ‘Lie Detector’ – usage in the United States.” Such individuals will be required to pay $250 for the privilege. It is perhaps fitting that a crooked lawyer would be selected as keynote speaker by practitioners of a crooked profession: polygraphy depends on the operator lying to and otherwise deceiving the person being “tested,” and the American Polygraph Association doesn’t think it’s an ethical problem that one of their past presidents, Ed Gelb, falsely passed himself off as a Ph.D. in marketing his polygraph services. Incidentally, Gelb and Bailey collaborated in a television show called “Lie Detector” (which Bailey avers is a misnomer) that aired from 1982-83.

Continue reading ‘Discredited Lawyer Promotes Discredited Lie Test’ »

U.S. Customs and Border Protection Allegedly Targets Reservists/Guardsmen with Polygraphs

In a class action appeal filed with the Merit Systems Protection Board, four military reserve officers allege that U.S. Customs and Border Protection (CBP) has engaged in a “continuous” and “wide-ranging pattern of harassment” against members of the U.S. Armed Services and National Guard, including targeting them with pre-employment polygraph screening, in violation of the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.). The case is Ferguson, et al. v. Department of Homeland Security, et al., filed 15 February 2013.

One of the appellants, Jason Dutcher, was a lieutenant commander in the U.S. Navy Reserve when in June 2010 he applied for employment with CBP’s Office of Air and Marine. His application was rejected “ostensibly because he failed a polygraph examination.”

With regard to CBP’s pre-employment polygraph polygraph practices, the appeal alleges:

78.    On information and belief, Appellant Dutcher and members of the Applicant Subclass were denied initial employment based on their membership in the United States Armed Services or National Guard.

79.    On information and belief, and thereon alleged, polygraph examinations are or were administered to applicants with military service obligations at an unreasonably higher and inexplicably rate [sic] than to those applicants without military service obligations.

80.    On information and belief, and thereon alleged, applicants with military service obligations fail the polygraph examinations at an unreasonably and inexplicably higher rate than do those applicants without military service obligations.

81.    The Class’ obligations and membership in the uniformed services was and is a motivating factor in all discriminatory, harassing and hostile actions Appellees have taken against the Appellants.

The class that Dutcher seeks to represent includes “all those individuals who applied for employment at DHS, CBP and/or OAM between January 1, 1994 and the present who were not hired due to their military service obligations” (para. 101).

The appellants’ allegations also include:

129. Upon information and belief, Appellees have repeatedly made comments to members of the Applicant Subclass during the application process indicating that the applicant’s affiliation with the military made it difficult for Appellees to hire the applicant because the individual may have future military commitments.

130. Upon information and belief, Appellees have repeatedly refused to hire members of the Applicant Subclass because they may have future military obligations.

131. Upon information and belief, Appellees administer polygraph tests during the application process randomly, arbitrarily and at an unreasonably higher rate to members of the Applicant Subclass than to applicants with no military service affiliation.

132. Upon information and belief, an unreasonably and inexplicably higher percentage of applicants with military service affiliations fail the polygraph tests than do applicants with no military service affiliation.

133. USERRA requires employers to treat all applicants for employment similarly regardless of their military service affiliation and obligations.

134. By repeatedly discriminating against Appellant Dutcher and the Applicant Subclass through their refusal to hire members of the Applicant Subclass, Appellees have violated §4311 of USERRA.

135. Appellant’ Dutcher’s and the Applicant Subclass’ service obligations were a motivating factor in the discriminatory actions Appellees have taken against Appellant and the Applicant Subclass.

The appellants are represented by Brian J. Lawler of  Pilot Law, P.C. in San Diego, California.

Open Letter to Eric Holder Regarding Operation Lie Busters and Polygraph Countermeasures

On Friday, 12 April 2013, AntiPolygraph co-founder George Maschke sent an inquiry to U.S. Attorney General Eric Holder seeking clarification on whether the U.S. Department of Justice considers the learning, using, or teaching of polygraph countermeasures by or to federal employees or applicants for employment is a crime:

Date: Fri, 12 Apr 2013 12:38:55 +0000
From: maschke@antipolygraph.org
To: Attorney General Eric Holder <AskDOJ@usdoj.gov>
Cc: DHS Secretary Janet Napolitano <janet.napolitano@dhs.gov>, “DHS Acting Inspector General Charles K. Edwards” <charles.edwards@dhs.gov>, “CBP Deputy Commissioner Thomas S. Winkowski” <thomas.winkowski@dhs.gov>
Subject: Operation Lie Busters: Is Learning, Using, or Teaching Polygraph Countermeasures a Crime?

Dear Mr. Attorney General:

I’m a co-founder of AntiPolygraph.org, a non-profit, public interest website dedicated to polygraph policy reform. AntiPolygraph.org’s ultimate objective is the elimination of the exemptions to the Employee Polygraph Protection Act of 1988 that deny federal, state, and local government job applicants, employees, and contractors the protections against lie detector “testing” that other Americans have enjoyed for the past quarter century.

In 2002, the National Research Council concluded that “[polygraph testing's] accuracy in distinguishing actual or potential security violators from innocent test takers is insufficient to justify reliance on its use in employee security screening in federal agencies.” In 1997, retired FBI Supervisory Special Agent Dr. Drew Richardson, then a polygraph expert with the Bureau’s Laboratory Division, put it more directly in testimony before a Senate subcommittee: “the diagnostic value of this type of testing is no more than that of astrology or tea-leaf reading.”

Rejecting the science on polygraphy, federal agencies have actually increased their reliance on it over the past decade. Pre-employment polygraph failure rates on the order of 50% or more are the norm among federal agencies with a polygraph requirement, and given polygraphy’s lack of scientific underpinnings, it is inevitable that many honest applicants are being falsely branded as liars by their government and wrongly blacklisted from employment for which they are qualified. Those falsely accused of deception have no meaningful avenue of appeal.

Since 2000, AntiPolygraph.org has made available a free book titled The Lie Behind the Lie Detector (1 mb PDF) providing documentation on polygraph validity (or lack thereof), policy, procedure, and countermeasures. Polygraph countermeasures are techniques that can be used to pass a polygraph whether or not one is telling the truth. While deceptive individuals can use countermeasures to fool the polygraph, truthful persons may also elect to use them to mitigate the high risk of a false positive outcome. AntiPolygraph.org has no desire to help liars beat the polygraph, but we know of no way of making such information available to honest persons with a legitimate need for it without also making it available to everyone. We believe that such speech is protected by the 1st Amendment of the U.S. Constitution.

The choice of a truthful person to use polygraph countermeasures is not an irrational one. The late David T. Lykken, an eminent authority on polygraphy, opined: “…if I were somehow forced to take a polygraph test in relation to some important matter, I would certainly use these proven countermeasures rather than rely on the truth and my innocence as safeguards. An innocent suspect has nearly a 50:50 chance of failing a CQT [Control Question Test -- the technique used by federal law enforcement agencies for pre-employment screening] administered under adversarial circumstances, and those odds are considerably worse than those involved in Russian roulette.” (A Tremor in the Blood: Uses and Abuses of the Lie Detector, Plenum Trade, 1997, p. 277.)

No polygraph operator has ever demonstrated the ability to detect the kind of countermeasures we discuss in The Lie Behind the Lie Detector, and polygraph community documents recently released by AntiPolygraph.org show that the polygraph community has no coherent methodology for detecting such countermeasures.

Information has come to our attention suggesting that, unable to detect polygraph countermeasures, at least one federal agency is construing the teaching, learning, and/or use of them to be a crime, at least in some circumstances.

U.S. Customs and Border Protection (CBP) has revealed the existence of a criminal investigation called Operation Lie Busters in which 10 applicants for employment with CBP “were identified as receiving sophisticated polygraph Countermeasure training in an effort to defeat the polygraph requirement.” The CBP Public Affairs Office refused to answer any questions regarding Operation Lie Busters, including the name of the operation, which AntiPolygraph.org has independently learned.

AntiPolygraph.org has also learned that two senior investigators involved in the operation, John R. Schwartz, who heads CBP’s Credibility Assessment Division, and Special Agent Fred C. Ball, Jr., a polygraph examiner with CBP Internal Affairs, have been scheduled since the beginning of January to give a three-hour keynote presentation on the operation before members of a private polygraph organization on 3 June 2013.

If polygraph operators involved with Operation Lie Busters can showboat the operation at a polygraph convention, then the public should also be entitled to know details of this operation, which the CBP Credibility Assessment Division has characterized as “precedent setting” (without clarifying what precedent is being set). I thus seek clarity from you regarding the following questions:

  1. Does the U.S. Department of Justice consider it a crime for federal employees or applicants for federal employment to learn about polygraph countermeasures?
  2. Does the U.S. Department of Justice consider it a crime for federal employees or applicants for federal employment to use polygraph countermeasures?
  3. Does the U.S. Department of Justice consider it a crime to teach federal employees or applicants for federal employment about polygraph countermeasures?

 

Sincerely,

George W. Maschke, Ph.D.
AntiPolygraph.org
Tel: 1-424-835-1225
Fax: 1-206-426-5145
Twitter: http://twitter.com/ap_org

PS: I am an American living abroad. My postal address is Van Trigtstraat 53, 2597 VX The Hague, The Netherlands.

Operation Lie Busters

The federal criminal investigation into polygraph countermeasure training reported by AntiPolygraph.org last week is named “Operation Lie Busters.” The name, which was redacted from a U.S. Customs and Border Protection (CBP) document (5.4 mb PDF) released to the Center for Investigative Reporting under the Freedom of Information Act, suggests that polygraph countermeasures are central, and not peripheral to the investigation, in which 10 applicants for employment with CBP “were identified as receiving sophisticated polygraph Countermeasure training in an effort to defeat the polygraph requirement.”

While polygraph countermeasures may be used by deceptive persons to pass a polygraph, truthful persons may also choose to employ them to protect themselves against the high risk of a false positive outcome. CBP, for example, has a pre-employment polygraph failure rate of about 60%, and given polygraphy’s complete lack of scientific underpinnings, it is inevitable that many truthful applicants, like Eric Trevino, are being falsely branded as liars by CBP and other federal agencies and suffering irreparable career harm.

Polygraph countermeasures, such as those explained in AntiPolygraph.org’s free book, The Lie Behind the Lie Detector (1 mb PDF), are simple, easily learned, and effective, and the polygraph community has no coherent methodology for detecting them. Being unable to detect countermeasures, it appears that the U.S. government is attempting to criminalize them.

The CBP polygraph unit (formally titled the “Credibility Assessment Division” clearly prides itself on Operation Lie Busters, having showcased it as the first item in a 28-page “Significant Admissions Summary,” even though no “significant admission” is alleged in connection with the investigation.

CBP Public Affairs declined to answer any questions about this investigation, including whether any of the 10 CBP applicants have been criminally charged, what the underlying crime in the alleged conspiracy is, whether CBP considers it a crime to receive or provide instruction in polygraph countermeasures, how the applicants in question were identified as having received polygraph countermeasure training, who provided the training, and why the name of the operation was redacted and whether it could now be disclosed.

Despite CBP’s refusal to comment, AntiPolygraph.org has learned that the head of CBP’s Credibility Assessment Division, John R. Schwartz, and CBP Special Agent Fred C. Ball, Jr. have been scheduled since at least January 2013 to give a presentation on the operation on Monday, 3 June 2013, as the keynote and opening presentation at the American Association of Police Polygraphists‘ annual seminar, which is scheduled for 2-7 June 2013 at the Omni Charlotte Hotel in Charlotte, North Carolina. The seminar schedule, a copy of which has been provided to AntiPolygraph.org, reveals the name of the investigation to be “Operation Lie Busters”:

AAPP - Operation Lie Busters

 

If the head of U.S. Customs and Border Protection’s polygraph unit can showboat Operation Lie Busters at a convention organized by a private group such as the American Association of Police Polygraphists, then the public should be entitled to know about this allegedly “precedent setting” investigation, too.

Documents provided to AntiPolygraph.org reveal that the two primary sources of information about polygraph countermeasures that concern the polygraph community are AntiPolygraph.org and former police polygraphist Doug Williams of Norman, Oklahoma, who sells a manual titled “How to Sting the Polygraph” and offers personal training in polygraph countermeasures. AntiPolygraph.org notes that both John Schwartz and Fred Ball are assigned to CBP offices in Houston, Texas, whose jurisdiction extends to Oklahoma City, of which Norman is a suburb.

For discussion of Operation Lie Busters, see “Is It a Crime to Provide or Receive Polygraph Countermeasure Training?” on the AntiPolygraph.org message board.

Polygraph Countermeasures: What Polygraph Operators Say Behind Closed Doors

Publicly, polygraph operators claim that countermeasures are ineffective and that they can easily detect them. But documents provided to AntiPolygraph.org reveal that behind closed doors, they admit that countermeasures can indeed be effective and that they are difficult to detect.

The most informative of these is by Mark D. Handler, who at the time of writing is the American Association of Police Polygraphists’ Research & Information Chairman. In 2009, Handler gave a PowerPoint presentation (55 mb PDF | 19 mb PPT) to the Kentucky Polygraph Association titled “Countermeasures: What every examiner should know.” According to the file’s metadata,1 it was created by Captain (then Lieutenant) Walt Goodson of the Texas Department of Public Safety, who at the time of writing is the American Polygraph Association’s Vice-President for law enforcement matters and has served as director of the Texas Department of Public Safety Law Enforcement Polygraph School.

In addition to Goodson, Handler thanks Professor Charles R. Honts of Boise State University (who has conducted peer-reviewed research into polygraph countermeasures), Raymond Nelson of the Lafayette Instrument Company, who at the time of writing is also a director of the American Polygraph Association, and Charles E. Slupski, a former instructor at the Department of Defense Polygraph Institute who now runs the American International Institute of Polygraph and who, at the time of writing, is the American Polygraph Association’s President-Elect.

In his presentation, Handler characterizes sources of countermeasure information, including AntiPolygraph.org co-founders George Maschke and Gino Scalabrini, as “threats” (slide 26):

handler-countermeasures-2009-slide-26

Discussion of AntiPolygraph.org begins at slide 67 and continues to slide 94. The presentation characterizes AntiPolygraph.org’s free book, The Lie Behind the Lie Detector (1 mb PDF), as an “[e]xcellent polygraph manual with extensive chapter on CMs [countermeasures]:

handler-countermeasures-2009-slide-67Slide 68 shows six photographs of AntiPolygraph.org co-founder George Maschke under a quote from Sun Tsu, “Know thy enemy and know thyself and you will win a hundred battles”:

handler-countermeasures-2009-slide-68

A biographical sketch follows, which appears to be based on Maschke’s public statement, “Too Hot of a Potato: A Citizen-Soldier’s Encounter with the Polygraph.” Slide 97 acknowledges that AntiPolygraph.org’s book provides “accurate information about how polygraph tests work and about possible countermeasures”:

handler-countermeasures-2009-slide-97

Handler attempts to show that merely providing information about polygraphy to examinees has no effect on accuracy cites several laboratory studies in support of that view.2 However, it should be borne in mind that such studies were conducted in situations where the examinees had very little incentive to apply themselves to the task of mastering polygraph countermeasures.3

Contradicting the public proclamations of numerous polygraph operators, Handler characterizes as “fiction” the notions that “[countermeasures] are easy to detect” and that “countermeasures are not effective against [an] experienced examiner” (slide 104):

handler-countermeasures-2009-slide-104

Handler also states it to be a “fact” that “[i]t is easy to make realistic reactions” and that “[i]t is difficult to detect [countermeasures] when skillfully applied by trained subjects” (slide 105):

handler-countermeasures-2009-slide-105

Dismissing countermeasure classes that purport to “provide ways for examiners to detect countermeasures,” Handler notes that they are inappropriately based on a “case study approach” (slide 110):

handler-countermeasures-2009-slide-110

Handler observes that some polygraph “experts” have claimed based on case study data that they “can determine when subjects are attempting countermeasure[s]” and that “if a subject is attempting countermeasures the test should be considered unreliable and not admitted as evidence”4 (slide 113):

handler-countermeasures-2009-slide-113

Handler further notes that “[n]o published scientific study shows that [sic] any person to be better than chance at detecting countermeasures, either from watching the subject or from analyzing the charts.” (Slide 114):5
handler-countermeasures-2009-slide-114

Paraphrasing Carl Sagan, Handler concludes, “Extraordinary claims of ability, require extraordinary evidence of performance.” Who can argue with that?

  1. In the PPT file’s properties, the author is cited as “WG08186.” A Google search on this term leads to Walt Goodson’s member page on the American Polygraph Association website. []
  2. Cited studies include:
    Rovner, L.I. (1979). The effects of information and practice on the accuracy of physiological detection of deception. Dissertation Abstracts International. (University Microfilm # AAD80-05308)
    Rovner, L.I. (1986). The accuracy of physiological detection of deception for subjects with prior knowledge. Polygraph, 15, 1-39.
    Honts, C. R. & Alloway, W. (2007). Information does not affect the validity of a comparison
    question test. Legal And Criminological Psychology, 12, 311-312. (Erroneously cited as “Alloway & Honts, 2002”) []
  3. In this regard see, Iacono, W.G. “Effective Policing: Understanding How Polygraph Tests Work and Are Used,” Criminal Justice and Behavior, Vol. 35, No. 10, pp. 1295-1308 at pp. 1301-2:
    COUNTERMEASURES
    Honts and colleagues have published compelling findings showing that guilty individuals can readily defeat a CQT when briefly instructed how to do so (Honts, Devitt, Winbush, & Kircher, 1996; Honts, Hodes, & Raskin, 1985). This can be accomplished by covertly enhancing the response to control questions (e.g., by engaging in mental arithmetic when these questions are asked or lightly biting the tongue), and these covernt maneuvers are undetectable. Moreover, although the CQT is ideally administered in a manner that makes it difficult to readily identify control questions, anyone who wishes to can easily find out how to identify controls by accessing articles such as this one or Web sites such as www.antipolygraph.org. Nevertheless, these practicing scientists have concluded that the possible use of countermeasures is of no consequence in real life CQTs because those undergoing CQTs cannot figure out on their own how to use them to advantage (e.g., Honts & Alloway, 2007). It Honts and Alloway (2007), this conclusion was reached by testing undergraduates who were asked to steal movie-pass vouchers. A total of 10 individuals in the guilty condition were asked to read a 220-page book containing information regarding how to beat a CQT, and if they were successful, they were to receive theatre passes as a bonus. One can reasonably ask how this motivational manipulation might compare to the motivation criminals have to learn to beat a CQT. The former involves working hard for a possible but trivial reward of movie tickets, the latter involves trying to avoid incarceration. Considered from this perspective, it is perhaps not surprising that only seven guilty subjects admitted trying to use countermeasures, and only two beat the CQT. []
  4. Polygraph results should never be admitted as evidence in a court of law or equity, as polygraphy is completely without scientific basis. []
  5. The first point in the slide, asserting that countermeasures used by innocent persons “produces negative effects for them in terms of their total score,” is evidently a reference to Honts, C.R., Amato, S.L, and Gordon, A.K., “Effects of Spontaneous Countermeasures Used Against the Comparison Question Test,” Polygraph, vol. 30, no. 1, 2001, pp. 1-9.
    This study, published in the non-peer-reviewed trade journal of the American Polygraph Association, examined so-called “spontaneous” countermeasures attempts, that is, attempts to alter outcomes by people who have not been educated or trained in polygraph procedure and countermeasures. It is hardly surprising that countermeasure attempts by people who don’t know what they’re doing might be counterproductive. []

Customs and Border Protection Polygraph Screening: A Critical Commentary on the Center for Investigative Journalism’s Recent Reporting

On 4 April 2013, the Center for Investigative Reporting published two articles by Andrew Becker on U.S. Customs and Border Patrol’s pre-employment polygraph screening program. The first, which has garnered considerable attention and was featured on Tina Brown’s The Daily Beast, is “During polygraphs, border agency applicants admit to rape, kidnapping.”1 Becker’s reporting is based primarily on an internal report by CBP’s polygraph unit (formally titled the Credibility Assessment Division). This document, first obtained by the Center for Investigative Reporting, is available on AntiPolygraph.org as a word-searchable PDF file. Becker opens the article:

One [CBP applicant] admitted to kidnapping and ransoming hostages in the Ivory Coast. Others said they had molested children or committed rape. And one, as he prepared for survival in a post-apocalyptic world, contemplated assassinating President Barack Obama.

These are among the thousands of applicants who have sought sensitive law enforcement jobs in recent years with the U.S. Border Patrol and its parent agency, Customs and Border Protection.

In many cases, these people made it all the way through the hiring process until one of the last steps – a polygraph exam. Once sitting with a polygraph examiner, they admitted to a host of astonishing crimes, according to documents obtained by the Center for Investigative Reporting.

The records – official summaries of more than 200 polygraph admissions – raise alarms about the thousands of employees Customs and Border Protection has hired over the past six years before it began mandatory polygraph tests for all applicants six months ago. The required polygraphs come at the tail end of a massive hiring surge that began in 2006 and eventually added 17,000 employees, helping to make the agency the largest law enforcement operation in the country.

Continue reading ‘Customs and Border Protection Polygraph Screening: A Critical Commentary on the Center for Investigative Journalism’s Recent Reporting’ »

  1. The Daily Beast ran with the less sensationalist title, “On Polygraph Tests, Would Be Border Patrol Agents Confess to Crimes” []

U.S. Customs and Border Protection Reveals Criminal Investigation Into Polygraph Countermeasure Training

A document (5.4 mb PDF) released by U.S. Customs and Border Protection (CBP) reveals the existence of a criminal investigation into polygraph countermeasure training received by ten CBP applicants for employment. The document, first obtained by the Center for Investigative Reporting, is a summary of significant admissions obtained during polygraph examinations. The criminal investigation is revealed in the opening paragraph:

1. During the conduct of a precedence [sic] setting criminal investigation known as Operation [redacted], ten applicants for law enforcement positions within CBP were identified as receiving sophisticated polygraph Countermeasure training in an effort to defeat the polygraph requirement. None of the CBP applicants were successful, but others involved in the conspiracy were [redacted]. The Insider Threat caused by the physiological and psychological polygraph countermeasures employed against other agencies has been investigated by CBP-IA with assistance from affected agencies. This investigation provides proof of the necessity and effectiveness of the Anti-Border Corruption Act, and revelation of the previously unknown vulnerabilities of the hiring process.

The document does not state how the applicants were identified as having received polygraph countermeasure training, what the underlying crime at the heart of the alleged conspiracy is, or what precedent the investigation sets. It is not a crime to provide or receive instruction in polygraph countermeasures (although a senior federal polygraph instructor has suggested that it should be).

AntiPolygraph.org has contacted the CBP press office seeking answers to the following questions:

  • Have any of these applicants been criminally charged? If so, what are their names and what crimes have they been charged with?
  • The paragraph alleges a criminal conspiracy; what is the underlying crime?
  • Does CBP consider it a crime for applicants to receive instruction in polygraph countermeasures?
  • Does CBP consider it a crime to provide instruction in polygraph countermeasures to CBP applicants?
  • The paragraph characterizes this investigation as precedent setting; what is the precedent that is being set here?
  • How were the applicants in question identified as having received polygraph countermeasure training?
  • Why was the name of the operation redacted? Can you now disclose it?
  • Who provided the polygraph countermeasures training, and has this individual(s) been criminally charged?
  • Does CBP allege that these 10 individuals were in all in cahoots with one another?

This article will be updated upon receipt of a response.

Update: Laura R. Cylke of the U.S. Customs and Border Protection Office of Public Affairs has informed AntiPolygraph.org that CBP is unwilling to answer any of the above questions. Instead, CBP offered the following (entirely unresponsive) statement:

Statement:

CBP recognizes that public service is a public trust.  It is critical that our employees conduct themselves with the highest standards of integrity as they carry out the critical mission of protecting America’s borders.  Our commitment to integrity begins at the time of application for employment with CBP and continues throughout the careers of our employees.

Each applicant is subject to a rigorous pre-employment process, which includes improved initial screening of applicants, an exhaustive background investigation that begins upon the initial selection of a prospective employee, and pre-employment polygraph examinations of law enforcement candidates.   Each tool is capable of identifying vulnerabilities that the other cannot, and in combination allow for a thorough vetting of the men and women seeking employment with CBP.

Falsification of application forms; cheating on any written exams, drug screening tests, or polygraph exams; and deliberate attempts to mislead background investigators are inconsistent with the highest standards of individual integrity that CBP requires of our employees.  Applicants who engage in these practices will be disqualified from further consideration for employment.

In addition to the extensive pre-employment vetting process, CBP conducts recurring checks of law enforcement officers throughout their careers and upon assignment to sensitive positions to ensure continued suitability for employment with CBP.

Update 2: A discussion thread on this topic has been opened on the AntiPolygraph.org message board. See “Is It a Crime to Provide or Receive Polygraph Countermeasure Training?” We have been freely providing information on polygraph countermeasures for more than a decade, most notably in our free book, The Lie Behind the Lie Detector (1 mb PDF).

Update 3: The criminal investigation into polygraph countermeasure training is named Operation Lie Busters.

U.S. President Accompanied by Polygraph Operator When Traveling Abroad

haruspex

Haruspex reading entrails

“When the president travels overseas, the Secret Service will bring along a polygraph examiner in case they need to determine quickly whether someone acting suspiciously is intent on doing harm.” So note Marc Ambinder and D.B. Grady in a parenthetical remark at p. 164 of their new book, Deep State: Inside the Government Secrecy Industry.

But as emeritus professor of psychology John Furedy has observed, polygraph operators can no more divine truth from the examination of polygraph charts than ancient Roman haruspices (entrail readers) could divine future events from the examination of intestines. Make believe science yields make believe security.