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Explosive Racism in U.S. Marshal Service

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Matthew Fogg

Mar 15, 1997, 3:00:00 AM3/15/97

"America's Top Cops are Gunned Down by Race
Discrimination in the United States Department of Justice"

The incredible story you are about to read is nothing short of a
Travesty of Justice in the anodes of crime fighters. Some of
these facts have been reviewed by; U.S. Attorney General Janet
Reno, four Federal Judges, U.S. Senators, John Glenn, Paul
Sarbanes and Barbara Milkulski, NAACP National Associate
Director, John Johnson, New York Civil Liberties Union
representative, Robert Levy, Washington Lawyers Committee on
Civil Rights, United States Marshal Service Director, Eduardo
Gonzalez, District of Columbia U.S. Attorneys Office and reporter
Jerry Seper for The Washington Times Newspaper.

On late Wednesday night October 2, 1996 two former United States
Marshals were driving past a corner in Northeast Washington, D.C
when suddenly and without prior warning a Gun Battle erupted
directly in front of their vehicle. Several individual males
began to run around shooting at each other creating a war zone
with rapid fire and automatic weapons. It was later discovered
this incident involved a homicide.

Both veteran and seasoned U.S. Marshals had to avoided any
intervention and confrontation because their Law Enforcement
powers were revoked after becoming the victims of years of
employment related U.S. Constitution, Title VII Race
Discrimination reprisals involving high level U.S. Justice
Department officials in the United States Marshal Service (USMS).

For more than 11 years Supervisory Inspector, Deputy U.S. Marshal
Matthew Fogg remained quiet and allow the legal system to run
it's incredibly delayed, Equal Employment Opportunity (EEO)
course. He often endured the stress and pain of later confirmed
EEO Title VII violations by U.S. Department of Justice officials
that effected his employment. But, this random "shoot out" and
street murder just ten blocks from the Nations Capital has
rekindled his depressed spirit to fight crime in the midst of
racial injustice.

What is the awesome Travesty of Justice here? Why did United
States Marshals with over 35 years of combined experience and
exemplary service to "Serve and Protect" avoid such an occasion?
How did their restrictions involve U.S. Title VII Constitution
violations by high level U.S. Department of Justice officials?

In 1985, African American deputy U.S. Marshal Matthew Fogg, an
outstanding seven year veteran employee filed a U.S Title VII
Race Discrimination, Equal Employment Opportunity(EEO) complaint
against a former (White) upper level management official, Chief
Deputy U.S. Marshal, Ronald G. Hein [EEO Complaint #M86-6092].

The EEO complaint investigation took seven years for the U.S.
Justice Department to complete. This outrageous delay would allow
Hein to continue his campaign of terror and career destruction of
many Black U.S. Marshal Service employees until he retired from
the Federal Government in 1991.

Notwithstanding Hein's discriminatory behavior, in 1989 USMS
officials still forwarded Hein's name to the White House for
confirmation by the President to become the U.S. Marshal for the
District of Columbia in D.C. Superior Court. On November 15, 1989
during a routine presidential appointee background procedure by
the Honorable U.S. Senator John Glenn's committee on Governmental
Affairs, Fogg was summoned to meet with Glenn's committee on
Capital Hill. Subsequently, Glenn's committee requested the White
House to reject Hein's nomination after Fogg's testimony was
verified that Hein's made public and private comments referring
to black USMS employees as "Coons".

In October 1992 and February 1993, U.S. Department of Justice
officials openly admitted in two EEO investigative report
findings, titled; "Proposed Dispositions I & II", that Hein had
violated federal law and Fogg's U.S. Constitutional rights and
should be disciplined. USMS officials allowed Hein to retire from
the federal government in good standing without any form of
censorship or discipline as recommended in the findings. These
compelling findings recommended total restitution to Fogg.

In spite of the tension and hardships of Hein's racist attack
upon his illustrious career, Fogg was later temporarily promoted
to Supervisory Inspector of a Washington D.C. Drug Enforcement
Administration (DEA) Task Force. He continued to excel above and
beyond the call of duty with the hands on arrest of over 267 of
America's most dangerous criminals. Most of these notorious
fugitives from Justice were charged with Rape, Murder,
Kidnapping, Torture, Child Molestation, Distribution of large
quantities of narcotics, assault and many other heinous crimes
committed on U.S. soil and abroad. In three of his career arrest,
fugitives attempted to draw loaded weapons but were subdued
before any shots were fired.

Inspector Fogg received numerous U.S. Justice Department awards
of Valor for service "above and beyond the call of duty" to
include the U.S Attorney for the District of Columbia in, The
Federal Bar Association, The U.S. Marshal Director's award, the
International Narcotic Enforcement Officers Award, a photograph
and article outlining his success in capturing multiple DEA
fugitives published in the 1992 issue of "DEA World" magazine,
distributed throughout the world. Inspector Fogg was directly
responsible for the arrest of five of the USMS 15 Most Wanted
fugitives and Fogg appeared on the national television show
"Americas Most Wanted" for the arrest of D.C. convicted murderer
and federal prison escapee, Michael Antonio Lucas.

In spite of this magnificent career in the "War on Crime", the
Title VII reprisals from U.S. Marshal officials who continually
supported Hein's discriminatory legacy would soon superseded
Inspector Fogg's accomplishments. His distinguished career was
forever branded. Only a matter of time would bring this great
asset to the crime fighting goals of President Clinton and the
citizens of Washington D.C. to a devastating halt.

On August 21-31 in 1992 Fogg officially reported to the FBI
command center in Washington, D.C. to participate and document
events involving the "Ruby Ridge Siege" in Idaho and death of a
U.S. Marshal and members of the Randy Weavers family. Later USMS
officials covered-up Fogg's involvement in the "Ruby Ridge"
Congressional hearings on Capital Hill, chaired by U.S. Senator
Arlen Spector. The USMS General Counsel, Mrs. Deborah Westbrook
later stated in her correspondence to Fogg dated 11/3/95; " Until
we received your letter, we were not made aware that you
possessed relevant information regarding the Ruby Ridge

In March 1993 Fogg filed for Workman's Compensation Benefits
(OWCP). Subsequently, the U.S. Department of Labor accepted
Fogg's claim of severe job related EEO stress following the
Justice Departments findings confirming he is the victim of
blatant and long term race discrimination in the USMS.

On July 26, 1993, the director of the U.S. Justice departments
EEO Division, Ted McBurrow responded in a letter to the EEO
Officer for the U.S. Marshal Service. McBurrow's denies a USMS
request to dismiss parts of Fogg's EEO complaints and further
admonishes the USMS for not processing his 1985 EEO complaint
within any reasonable time frame.

On August 9, and October 13, 1993 Fogg wrote U.S. Attorney
General, Janet Reno requesting intervention from years of
unresolved race discrimination issues initiated by U.S. Marshal
Hein and continuing by other high ranking managers in support of
Hein. Janet Reno responded through her Deputy Attorney Generals,
Philip B. Heymann and David Margolis respectively. Heymann quotes
frustration in the Justice Departments EEO system because of the
USMS's seven unexplained years of no resolution of Fogg's EEO
complaints. Heymann's letters further indicates the Justice
department is committed to preventing such delays in the future.

On April 11, 1994 USMS director Eduardo Gonzalez personally met
with Fogg and simply placed him on the American taxpayers paid
Administrative Leave for 11 months without any EEO resolution. On
November 21, 1994, Gonzalez suddenly ordered Fogg back to full
duty through his deputy director, George Havens without a current
physical examination and against all previous medical
documentation. Fogg reported to work as ordered and severely
aggravated his job related injury, further jeopardized his life.
On December 31, 1994 Fogg filed for a Temporary Restraining Order
(TRO) and Preliminary Injunction against Janet Reno and Eduardo
Gonzalez in U.S. District Court for the District of Columbia. The
case number #94-2814(SSH) was later refiled for trial as a Title
VII race discrimination complaint by Frank Costello,ESQ for the
law firm of Zuckert, Scoutt & Rasenberger located in N.W.
Washington, D.C., and is now pending a Civil trial in May 1997.

In October 1995 USMS officials instituted Title VII reprisals by
terminating Fogg's 20 plus years of unblemished and distinguished
government service for insubordination while on Workmans'
Compensation. Subsequently, OWCP officials advised USMS officials
that Fogg's employment salary would continue from the USMS budget
plan following the governments previous findings that he is the
victim of race discrimination in the U.S. Marshal Service.

On April 18, 1996 in an another Title VII reprisal act, USMS
deputy director Mr. George Havens and other top ranking USMS
officials spent large quantities of U.S. taxpayer dollars to
needlessly litigate and testify at Fogg's Merit Systems
Protection Board (MSPB) hearing (#DC-0752-96-0101-I-2), knowing
that Fogg would continue receiving his USMS salary by the federal
office of Workmans' compensation, regardless of any MSPB outcome.

Today approximately 13 years after initiating his first EEO
complaint, Fogg's discrimination complaints are all filed in U.S
District Court for the District of Columbia, involving over 40
separate issues. Fogg is also the Class Agent in a Class
Complaint against the U.S. Department of Justice, (Case# 100-94-
7910X) pending certification at the U.S. Equal Employment
Opportunity Commission in Washington, D.C. The Class complaint
addresses similar issues of other African American deputy U.S.
Marshal Service complainants.

Inspector Scott, is a 24 year retired Inspector deputy U.S.
Marshal and one of the U.S. Justice Departments most highly
successful and decorated law enforcement officers for heroism in
the line of duty. Scott's accomplishments included the American
Police Hall of Fame award, the 1991 Law Enforcement Officer of
the Year award and an appearance on the national television show
"Top Cops".

On October 14, 1992, prior to his retirement, Inspector William
Scott, with the assistance of other white members of a USMS
Federal Fugitive Task Force in the Southern District of New York
City were involved in the stakeout of a notorious federal

Inspector Scott's immaculate career came to an abrupt ending when
he found himself confronted with the same armed fugitive firing
shots at him after his fellow white officers had abandoned him.

A chase and gun battled ensued with Scott ultimately arresting
the fugitive, alone. A subsequent alleged racially bias USMS
investigation pointed unfavorably to Scott who was offered to for
go any disciplinary action by USMS officials if he dismissed his
previous and substantial allegations of Race Discrimination
against the White deputy U.S. Marshals that abandoned him. When
Scott refused to dismiss his EEO Title VII Complaints, his
illustrious career was immediately branded with a demotion,
reassignment to a undesirable location, periodic salary
termination and forced retirement. A clear destruction of another
major asset to the crime fighting goals of the Clinton

On December 9, 1993 Director Gonzalez personally met with
Inspector Scott and deputy U.S. Marshal, Stephen Zanowic(White)
at the USMS headquarters(HQ) office in Arlington Virginia. Scott
and Zanowic advised Gonzalez of intricate blatant acts of racial
discrimination in the Southern District of New York(SD/NY) USMS
office. Gonzalez's briefing included discussions on the unequal
and intimidating treatment of minorities to include the office
use of the terms Niggers, Coons, Himees, Spics and Rats. A
article addressing Scott and Zanowic's charges of racial
discrimination appeared in the December 15, 1993 issue of the
Washington Times Newspaper. Another intricate three page report
of Scott's plight and racial allegations were reported in the
1994 spring issue of the Police Times Magazine article titled,
"Stakeout or Setup". Scott has also addressed his battle with
racism in the USMS on television talk shows.

Deputy U.S. Marshal Stephen Zanowic (White) has a total of 19
years of law enforcement experience. Stephen (known as Steve)
received one of New York City Police Departments highest
"Commendation" awards for valor and bravery above and beyond the
call of duty. His police career profile is saturated with many
awards and letters of commendations from federal, state and local
officials for outstanding law enforcement procedures in "The Line
of Duty".

Steve entered on duty in the U.S. Marshals office for the
Southern district of New York in 1988 and immediately began
observe a distinct difference in the treatment of Black and white
employees as well as Black and White prisoners.

Steve developed a comradeship with Inspector Bill Scott because
they both had a keen common interest in the Martial Arts and
attended the same school. Steve was instantly and constantly
advised verbally and in writing by other white employees not to
associate with "Niggers & Coons". He was often told by other
white employees "we are going "COON" hunting tonight when
referring to the arrest of African Americans. He often heard
white employees openly refer to the him as a "Nigger Lover" and
as Bill Scott's "Half Breed" son.
When Steve decided to question the obvious unequal racial make-up
of the chain of command or assignment rosters he was advised, the
office has only dumb and incompetent "Niggers" who cannot qualify
as supervisors or handle choice assignments. When Steve began to
officially complain in 1989 his career was tarnished and branded
with many incidents of white employee reprisals against his stand
for racial equality.

USMS documented evidence indicates supervisors and their
subordinates launched an open office campaign of threats,
intimidation and physical assaults to coerce Steve to end his EEO
complaints and association with African American employees. A
white supervisor handed him a rubber rat for a Christmas present.
Subsequently, the USMS has promoted that supervisor ,to chief of
the USMS Headquarters, Internal Affairs Division.

Steve's locker was vandalized and the word "RAT" & Nigger Lover
was carved into the locker. On many occasions cheese and white
rubber rats were placed on and around his office desk. His wife's
desk photograph was defaced with the body of a African American
women and man having sex. He documented and complained to USMS
managers about everyone of these incidents and requested Civil
Rights investigations by the USMS Internal Affairs office and
other U.S. Justice Department Offices, to no avail.

In 1993 Steve became the victim of a violent threat linked to his
continued association with black employees when another white
deputy U.S. Marshal placed a loaded service gun against his chest
inside the USMS office and stated, "Pow Pow Pow". Steve filed an
official complaint on the incident alleging assault on a Federal
officer because of his discrimination complaints but, USMS
officials refused to pursue any investigation.

On December 15, 1993 Jerry Seper of the Washington Times
Newspaper published a detailed article in the Federal Report
section titled; "Marshal Service to review agency's treatment of
blacks". Seper clearly indicates newly appointed Marshal Service
Director, Eduardo Gonzalez was made aware of the history of the
overt acts of blatant racism now under his supervision. Seper
sites one of many examples of racial inequality in the USMS. He
quotes Robert Levy of the New York Civil Liberties Union
indicating; "of the 70 deputy Marshals in the New York office
seven are minorities and none have been promoted to supervisorial
positions". Today in 1997, there are eighty plus deputy Marshals
in the same office and only four are African American and no

In 1994 Steve became the victim EEO reprisals of physical
violence after his EEO complaints, when a white supervisor he
previously made EEO complaints about hit him in the groin with a
police baton during a supposedly training demonstration in the
USMS office.
Steve's injury was so severe he remained off work for 5 months
under taxpayers, Federal Workmans' Compensation Benefits.

On Tuesday, October 8, 1996 Steve was assigned alone to Federal
Magistrate, Ronald Ellis' courtroom in New York and tasked with
handling 15 dangerous drug felons with 9 co-defendants in one
hearing. Subsequently, Steve requested assistance from his
supervisors to no avail. U.S. Magistrate Ellis became very
concerned about the lack USMS manpower and imminent danger to
everyone in the courtroom and requested Steve to write a formal
complaint on the incident. Steve's complaint indicates
managements EEO reprisals against him in the New York office are
placing his life in danger because of his association with
African Americans.

In December 1996 Zanowic and two other (white) deputy U.S.
marshals from Tennessee and South Dakota were sitting in a
vehicle on a protection detail outside of a federal judge's home.
During a conversation about the up-coming holiday of Dr Martin
Luther King Jr, and possibly Malcom-X, both deputies from
Tennessee and South Dakota stated "we should take out two more
Niggers like Louis Farrakhan and Al Sharpton (prominent NY
reverend), and have four more additional holidays".

Finally, on February 14, 1997 Stephen Zanowic officially reported
to a secure garage level in the Southern District of New York
Federal Courthouse to take custody of a notorious multiple murder
defendant involved in a highly publicized trial known as the
"Nasty Boy Gang". Just prior to placing the defendant into the
official vehicle, Steve observed a loaded gun lying on the ground
next to the door of the vehicle and near the prisoner. Steve
immediately secured the gun and officially documented and
reported the incident to his superiors. The possible tragedy this
incident could have created is unimaginable. To date Steve has
not been advised of an official investigation of the incident.

The obvious picture that now appears four years after Seper's
news article and Gonzalez's appointment as the USMS director is
that negative race relations and Title VII reprisal activity has
exploded in the U.S. Marshal Service. Not only has these Title
VII issues grossly infected the careers and livelihood of
exemplary employees Fogg, Scott, and Zanowic far beyond any
stretch of imagination but, many other minorities have expressed
interest in the Class Complaint.

How can this Title VII activity mushroom at the feet of an
administration that has promised to stamp out violent crime,
defend American people from street violence, fund 100,000 new law
enforcement officers, support gun control, stiff drug laws,
affirmative action and while it's own highly decorated veteran
officers are cut down from violations of federal discrimination
laws involving upper level officials within it's own ranks.

Where is Justice and how long will these events go unresolved?
How many innocent people will get hurt? How long will Justice
Department officials depend on a system that is responding in the
opposite direction? It is clear from facts in this report, the
negative impact of employee racism in the U.S. Marshal Service
has now transcended into all daily aspects of it's Federal Law
Enforcement procedures to include; it's high ranking management
officials openly referring to African American employees as
"Coons and Niggers" to it's employees participating in the racist
"Good Old Boy Round-up" in Tennessee, to the Congressional "Ruby
Ridge" cover-up on Capital Hill, to the recent violent street
"shoot out" and homicide in Washington D.C, to the New York
surveillance "stake out and setup", to threats and vandalism of
federal government property, to leaving Federal Magistrates
courtroom unsecured, to racist degrading assaults and comments
about prominent African Americans, to finding of a loaded gun in
a federal courthouse secure location.

Is this administration impeding it's stand for Justice and crime
by failing from within? Who will be responsible for this
deteriorating federal law enforcement environment and pending
disaster, the President or the U.S. Attorney General or the U.S.
Marshal Service Director or maybe the American public.

The New York Post newspaper will feature this full page story on
Sunday, March 16, 1997

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