Although state and federal officials have launched a high profile investigation into allegations that information used in a Bob Beauprez ad was obtained illegally, such access to the data in question rarely rises to the level of a criminal prosecution, records show.
That may bode well for the federal agent who is under investigation for allegedly using the National Crime Information Center database to search the name of an illegal immigrant featured in the Republican gubernatorial candidate’s ad.
The investigation was launched by the Colorado Bureau of Investigation, then referred to the Federal Bureau of Investigation.
From 2002 to October 2006, the Colorado Bureau of Investigation has investigated 259 cases of possible misuse of the database by state and federal employees.
Of those cases, 146 – or 56 percent – were found to be valid. Of the valid cases, 84 percent resulted in personnel actions, while another 10 percent resulted in resignation.
Eight cases were referred to state or federal prosecutors for possible criminal charges.
Those investigated worked in both state and federal agencies, except the FBI, that use the Colorado Crime Information Center as a gateway into the NCIC database.
What happened in those cases referred for possible criminal charges is largely unknown. CBI is prohibited from releasing names and other confidential information in employees’ personnel files.
Additionally, there is no clear line between when someone receives administrative discipline or is charged criminally.
“Each case stands on its own merits,” said CBI division director Karl Wilmes.
What is known is that criminal prosecution appears to be the exception rather than the rule.
Beauprez’s rival, former Denver District Attorney Bill Ritter, who has repeatedly contended that Beauprez’s campaign “broke the law” in obtaining the information, did refer an employee for criminal investigation six years ago.
To avoid a potential conflict, Ritter’s office sought a special prosecutor to investigate possible misuse of the database by a legal secretary, according to court records. Denver District Court Judge Robert Hyatt appointed the Jefferson County District Attorney’s office to look into the matter.
Pam Russell, spokeswoman for the Jefferson County DA’s office, said Tuesday that the office was unable to locate the file. However, she said, “the best indication is that the case was declined” for prosecution.
Russell also said no one in the office remembers prosecuting a case related to NCIC misuses. Neither does Eagle County District Attorney Mark Hurlbert.
Bob Grant, former Adams County district attorney, recalled those issues being handled internally.
“When questions or investigations by the CBI folks came up, I remember them pulling the person’s (database) access,” he said.
The Denver DA’s office last recalls an NCIC prosecution in 1993, when two 911 employees and a retired police officer used the computer information in a for-profit scheme.
“It’s just not that common,” said Lynn Kimbrough, communications director for the Denver DA’s office.
And Jeff Dorschner, a spokesman for the Colorado U.S. attorney’s office, said there have been “no cases that I’m aware of.”
Lawyers for Cory Voorhis, the Immigration and Customs Enforcement agent under investigation for giving the information in question to Beauprez’ campaign, said they understood the high-profile nature of the case but hope their client will be treated the same as other employees.
Staff writer Karen Crummy can be reached at 303-954-1594 or at kcrummy@denverpost.com.
